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S. B. No. 205 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Senators Skindell, Grendell
Cosponsor:
Senator Turner
A BILL
To amend sections 125.22, 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 1785.08,
2151.421, 2921.22, 3701.74, 3721.21, 4723.16,
4725.33, 4729.161, 4731.226, 4731.65, 4732.28,
4734.17, 4755.471, 4757.01, 4757.02, 4757.03,
4757.04, 4757.05, 4757.06, 4757.07, 4757.10,
4757.101, 4757.11, 4757.12, 4757.15, 4757.16,
4757.17, 4757.18, 4757.19, 4757.22, 4757.23,
4757.27, 4757.28, 4757.29, 4757.30, 4757.301,
4757.31, 4757.32, 4757.33, 4757.34, 4757.36,
4757.361, 4757.38, 4757.40, 4757.43, 4757.44,
5101.61, 5101.99, and 5123.61 and to enact
sections 4757.45 to 4757.50 and 4757.55 of the
Revised Code to regulate the practice of art
therapy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.22, 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 2151.421, 2921.22,
3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65,
4732.28, 4734.17, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04,
4757.05, 4757.06, 4757.07, 4757.10, 4757.101, 4757.11, 4757.12,
4757.15, 4757.16, 4757.17, 4757.18, 4757.19, 4757.22, 4757.23,
4757.27, 4757.28, 4757.29, 4757.30, 4757.301, 4757.31, 4757.32,
4757.33, 4757.34, 4757.36, 4757.361, 4757.38, 4757.40, 4757.43,
4757.44, 5101.61, 5101.99, and 5123.61 be amended and sections
4757.45, 4757.46, 4757.47, 4757.48, 4757.49, 4757.50, and 4757.55
of the Revised Code be enacted to read as follows:
Sec. 125.22. (A) The department of administrative services
shall establish the central service agency to perform routine
support for the following boards and commissions:
(3) State chiropractic board;
(4) State board of cosmetology;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and athletic
trainers board;
(9) State board of registration for professional engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15) Counselor, social worker, and marriage and family
therapist, and art therapist board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21) Chemical dependency professionals board.
(B)(1) Notwithstanding any other section of the Revised Code,
the agency shall perform the following routine support services
for the boards and commissions named in division (A) of this
section unless the controlling board exempts a board or commission
from this requirement on the recommendation of the director of
administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans in
consultation with the boards and commissions;
(e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any professional
or occupational licensing board not named in division (A) of this
section or any commission if the board or commission requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to the
boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services from
the agency shall pay these fees to the agency from the general
revenue fund maintenance account of the board or commission or
from such other fund as the operating expenses of the board or
commission are paid. Any amounts set aside for a fiscal year by a
board or commission to allow for the payment of fees shall be used
only for the services performed by the agency in that fiscal year.
All receipts collected by the agency shall be deposited in the
state treasury to the credit of the central service agency fund,
which is hereby created. All expenses incurred by the agency in
performing services for the boards or commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 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)(1) 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 the following:
(a) A corporation for the purpose of providing public
accounting or certified public accounting services, a;
(b) 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;
(c) 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;
(d) 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,
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, and persons licensed or registered under Chapter
4757. of the Revised Code.
This
(2) 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, 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 described in division (B)(1)(d)
of this section 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, psychologist, nurse,
pharmacist, physical therapist, mechanotherapist, or doctor of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, professional clinical counselor,
professional counselor, independent social worker, social worker,
social work assistant, independent marriage and family therapist,
marriage and family therapist, or art therapist 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 the following in this state and elsewhere a:
(a) A professional service, the;
(b) The kinds of professional services authorized under
Chapters 4703. and 4733. of the Revised Code, or a;
(c) 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, 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;, professional clinical
counselors, professional counselors, independent social workers,
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, and art
therapists authorized under Chapter 4757. 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,
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
described in division (C)(6)(c) of section 1705.03 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, 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, professional clinical
counselors, professional counselors, independent social workers,
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, or art
therapists authorized under Chapter 4757. 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, 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, professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, or art therapists authorized under
Chapter 4757. 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,
psychologist, nurse, pharmacist, physical therapist, occupational
therapist, mechanotherapist, or doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery, professional clinical counselor, professional counselor,
independent social worker, social worker, social work assistant,
independent marriage and family therapist, marriage and family
therapist, or art therapist 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. 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, 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, professional clinical
counselors, professional counselors, independent social workers,
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, and art
therapists authorized under Chapter 4757. 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., or 4757., sections 4755.04
to 4755.13, or 4755.40 to 4755.56 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, psychologists, professional engineers,
chiropractors, chiropractors practicing acupuncture through the
state chiropractic board, veterinarians, occupational therapists,
physical therapists, and occupational therapists, professional
clinical counselors, professional counselors, independent social
workers, social workers, social work assistants, independent
marriage and family therapists, marriage and family therapists,
and art 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., or 4757., sections 4755.04 to 4755.13, or 4755.40
to 4755.56 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, 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, professional clinical
counselors, professional counselors, independent social workers,
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, and art
therapists authorized under Chapter 4757. 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, 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, professional clinical
counselors, professional counselors, independent social workers,
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, or art
therapists authorized under Chapter 4757. 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, 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, professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists authorized
under Chapter 4757. 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, psychologist, nurse, pharmacist, physical therapist,
occupational therapist, mechanotherapist, or doctor of medicine
and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery, professional clinical counselor,
professional counselor, independent social worker, social worker,
social work assistant, independent marriage and family therapist,
marriage and family therapist, or art therapist 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. 1785.08. Chapter 1701. of the Revised Code applies to
professional associations, including their organization and the
manner of filing articles of incorporation, except that the
requirements of division (A) of section 1701.06 of the Revised
Code do not apply to professional associations. If any provision
of this chapter conflicts with any provision of Chapter 1701. of
the Revised Code, the provisions of this chapter shall take
precedence. A professional association for the practice of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery or for the combined practice of
optometry, 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,
counseling, social work, marriage and family therapy, or art
therapy may provide in its articles of incorporation or bylaws
that its directors may have terms of office not exceeding six
years.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under eighteen years of
age or a mentally retarded, developmentally disabled, or
physically impaired child under twenty-one years of age has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the child shall fail to
immediately report that knowledge or reasonable cause to suspect
to the entity or persons specified in this division. Except as
provided in section 5120.173 of the Revised Code, the person
making the report shall make it to the public children services
agency or a municipal or county peace officer in the county in
which the child resides or in which the abuse or neglect is
occurring or has occurred. In the circumstances described in
section 5120.173 of the Revised Code, the person making the report
shall make it to the entity specified in that section.
(b) Division (A)(1)(a) of this section applies to any person
who is an attorney; physician, including a hospital intern or
resident; dentist; podiatrist; practitioner of a limited branch of
medicine as specified in section 4731.15 of the Revised Code;
registered nurse; licensed practical nurse; visiting nurse; other
health care professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist licensed or registered under Chapter
4757. of the Revised Code; speech pathologist or audiologist;
coroner; administrator or employee of a child day-care center;
administrator or employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school teacher;
school employee; school authority; person engaged in social work
or the practice of professional counseling; agent of a county
humane society; person, other than a cleric, rendering spiritual
treatment through prayer in accordance with the tenets of a
well-recognized religion; employee of a county department of job
and family services who is a professional and who works with
children and families; superintendent, board member, or employee
of a county board of developmental disabilities; investigative
agent contracted with by a county board of developmental
disabilities; employee of the department of developmental
disabilities; employee of a facility or home that provides respite
care in accordance with section 5123.171 of the Revised Code;
employee of a home health agency; employee of an entity that
provides homemaker services; a person performing the duties of an
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;
or third party employed by a public children services agency to
assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a report pursuant
to division (A)(1) of this section concerning any communication
the attorney or physician receives from a client or patient in an
attorney-client or physician-patient relationship, if, in
accordance with division (A) or (B) of section 2317.02 of the
Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any testimonial privilege
under division (A) or (B) of section 2317.02 of the Revised Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the attorney or physician
shall make a report pursuant to division (A)(1) of this section
with respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication,
is either a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired person
under twenty-one years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result of the communication or
any observations made during that communication, that the client
or patient has suffered or faces a threat of suffering any
physical or mental wound, injury, disability, or condition of a
nature that reasonably indicates abuse or neglect of the client or
patient.
(c) The abuse or neglect does not arise out of the client's
or patient's attempt to have an abortion without the notification
of her parents, guardian, or custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B) Anyone who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under eighteen years of age
or a mentally retarded, developmentally disabled, or physically
impaired person under twenty-one years of age has suffered or
faces a threat of suffering any physical or mental wound, injury,
disability, or other condition of a nature that reasonably
indicates abuse or neglect of the child may report or cause
reports to be made of that knowledge or reasonable cause to
suspect to the entity or persons specified in this division.
Except as provided in section 5120.173 of the Revised Code, a
person making a report or causing a report to be made under this
division shall make it or cause it to be made to the public
children services agency or to a municipal or county peace
officer. In the circumstances described in section 5120.173 of the
Revised Code, a person making a report or causing a report to be
made under this division shall make it or cause it to be made to
the entity specified in that section.
(C) Any report made pursuant to division (A) or (B) of this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested by the
receiving agency or officer. The written report shall contain:
(1) The names and addresses of the child and the child's
parents or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including any evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse, or neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse, or neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may take or cause to be
taken color photographs of areas of trauma visible on a child and,
if medically indicated, cause to be performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1) When a municipal or county peace officer receives a
report concerning the possible abuse or neglect of a child or the
possible threat of abuse or neglect of a child, upon receipt of
the report, the municipal or county peace officer who receives the
report shall refer the report to the appropriate public children
services agency.
(2) When a public children services agency receives a report
pursuant to this division or division (A) or (B) of this section,
upon receipt of the report, the public children services agency
shall do both of the following:
(a) Comply with section 2151.422 of the Revised Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child about whom a report is made pursuant to this
section from the child's parents, stepparents, or guardian or any
other persons having custody of the child without consultation
with the public children services agency, unless, in the judgment
of the officer, and, if the report was made by physician, the
physician, immediate removal is considered essential to protect
the child from further abuse or neglect. The agency that must be
consulted shall be the agency conducting the investigation of the
report as determined pursuant to section 2151.422 of the Revised
Code.
(F)(1) Except as provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public children services agency shall investigate,
within twenty-four hours, each report of child abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of a threat of child abuse or child neglect that is
known or reasonably suspected or believed to exist that is
referred to it under this section to determine the circumstances
surrounding the injuries, abuse, or neglect or the threat of
injury, abuse, or neglect, the cause of the injuries, abuse,
neglect, or threat, and the person or persons responsible. The
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of
understanding prepared under division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A failure to make the investigation in accordance with the
memorandum is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the report
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. The public children services agency shall report each case
to the uniform statewide automated child welfare information
system that the department of job and family services shall
maintain in accordance with section 5101.13 of the Revised Code.
The public children services agency shall submit a report of its
investigation, in writing, to the law enforcement agency.
(2) The public children services agency shall make any
recommendations to the county prosecuting attorney or city
director of law that it considers necessary to protect any
children that are brought to its attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports under
division (A) of this section, anyone or any hospital, institution,
school, health department, or agency participating in good faith
in the making of reports under division (B) of this section, and
anyone participating in good faith in a judicial proceeding
resulting from the reports, shall be immune from any civil or
criminal liability for injury, death, or loss to person or
property that otherwise might be incurred or imposed as a result
of the making of the reports or the participation in the judicial
proceeding.
(b) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding a child's injuries, abuse, or neglect, or the
cause of the injuries, abuse, or neglect in any judicial
proceeding resulting from a report submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which it
is alleged and proved that participation in the making of a report
under this section was not in good faith or participation in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and (N) of this
section, a report made under this section is confidential. The
information provided in a report made pursuant to this section and
the name of the person who made the report shall not be released
for use, and shall not be used, as evidence in any civil action or
proceeding brought against the person who made the report. Nothing
in this division shall preclude the use of reports of other
incidents of known or suspected abuse or neglect in a civil action
or proceeding brought pursuant to division (M) of this section
against a person who is alleged to have violated division (A)(1)
of this section, provided that any information in a report that
would identify the child who is the subject of the report or the
maker of the report, if the maker of the report is not the
defendant or an agent or employee of the defendant, has been
redacted. In a criminal proceeding, the report is admissible in
evidence in accordance with the Rules of Evidence and is subject
to discovery in accordance with the Rules of Criminal Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or (B) of
this section and the child who is the subject of the report dies
for any reason at any time after the report is made, but before
the child attains eighteen years of age, the public children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review board, shall submit a summary sheet of information
providing a summary of the report to the review board of the
county in which the deceased child resided at the time of death.
On the request of the review board, the agency or peace officer
may, at its discretion, make the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise a person
alleged to have inflicted abuse or neglect on a child who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing of the disposition of the investigation.
The agency shall not provide to the person any information that
identifies the person who made the report, statements of
witnesses, or police or other investigative reports.
(I) Any report that is required by this section, other than a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall result in protective
services and emergency supportive services being made available by
the public children services agency on behalf of the children
about whom the report is made, in an effort to prevent further
neglect or abuse, to enhance their welfare, and, whenever
possible, to preserve the family unit intact. The agency required
to provide the services shall be the agency conducting the
investigation of the report pursuant to section 2151.422 of the
Revised Code.
(J)(1) Each public children services agency shall prepare a
memorandum of understanding that is signed by all of the
following:
(a) If there is only one juvenile judge in the county, the
juvenile judge of the county or the juvenile judge's
representative;
(b) If there is more than one juvenile judge in the county, a
juvenile judge or the juvenile judges' representative selected by
the juvenile judges or, if they are unable to do so for any
reason, the juvenile judge who is senior in point of service or
the senior juvenile judge's representative;
(c) The county peace officer;
(d) All chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting attorney of the county;
(g) If the public children services agency is not the county
department of job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by all concerned officials in
the execution of their respective responsibilities under this
section and division (C) of section 2919.21, division (B)(1) of
section 2919.22, division (B) of section 2919.23, and section
2919.24 of the Revised Code and shall have as two of its primary
goals the elimination of all unnecessary interviews of children
who are the subject of reports made pursuant to division (A) or
(B) of this section and, when feasible, providing for only one
interview of a child who is the subject of any report made
pursuant to division (A) or (B) of this section. A failure to
follow the procedure set forth in the memorandum by the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles and responsibilities for handling emergency and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may
sign the memorandum of understanding prepared under division
(J)(1) of this section. If the clerk signs the memorandum of
understanding, the clerk shall execute all relevant
responsibilities as required of officials specified in the
memorandum.
(K)(1) Except as provided in division (K)(4) of this section,
a person who is required to make a report pursuant to division (A)
of this section may make a reasonable number of requests of the
public children services agency that receives or is referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with the following
information:
(a) Whether the agency or center has initiated an
investigation of the report;
(b) Whether the agency or center is continuing to investigate
the report;
(c) Whether the agency or center is otherwise involved with
the child who is the subject of the report;
(d) The general status of the health and safety of the child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this section only if, at the time the report is
made, the person's name, address, and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services agency receives a report pursuant to
division (A) or (B) of this section the recipient of the report
shall inform the person of the right to request the information
described in division (K)(1) of this section. The recipient of the
report shall include in the initial child abuse or child neglect
report that the person making the report was so informed and, if
provided at the time of the making of the report, shall include
the person's name, address, and telephone number in the report.
Each request is subject to verification of the identity of
the person making the report. If that person's identity is
verified, the agency shall provide the person with the information
described in division (K)(1) of this section a reasonable number
of times, except that the agency shall not disclose any
confidential information regarding the child who is the subject of
the report other than the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a substitute for any report required to be made
pursuant to division (A) of this section.
(4) If an agency other than the agency that received or was
referred the report is conducting the investigation of the report
pursuant to section 2151.422 of the Revised Code, the agency
conducting the investigation shall comply with the requirements of
division (K) of this section.
(L) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code to implement
this section. The department of job and family services may enter
into a plan of cooperation with any other governmental entity to
aid in ensuring that children are protected from abuse and
neglect. The department shall make recommendations to the attorney
general that the department determines are necessary to protect
children from child abuse and child neglect.
(M) Whoever violates division (A) of this section is liable
for compensatory and exemplary damages to the child who would have
been the subject of the report that was not made. A person who
brings a civil action or proceeding pursuant to this division
against a person who is alleged to have violated division (A)(1)
of this section may use in the action or proceeding reports of
other incidents of known or suspected abuse or neglect, provided
that any information in a report that would identify the child who
is the subject of the report or the maker of the report, if the
maker is not the defendant or an agent or employee of the
defendant, has been redacted.
(N)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day following the day on
which a public children services agency receives a report of
alleged child abuse or child neglect, or a report of an alleged
threat of child abuse or child neglect, that allegedly occurred in
or involved an out-of-home care entity, the agency shall provide
written notice of the allegations contained in and the person
named as the alleged perpetrator in the report to the
administrator, director, or other chief administrative officer of
the out-of-home care entity that is the subject of the report
unless the administrator, director, or other chief administrative
officer is named as an alleged perpetrator in the report. If the
administrator, director, or other chief administrative officer of
an out-of-home care entity is named as an alleged perpetrator in a
report of alleged child abuse or child neglect, or a report of an
alleged threat of child abuse or child neglect, that allegedly
occurred in or involved the out-of-home care entity, the agency
shall provide the written notice to the owner or governing board
of the out-of-home care entity that is the subject of the report.
The agency shall not provide witness statements or police or other
investigative reports.
(3) No later than three days after the day on which a public
children services agency that conducted the investigation as
determined pursuant to section 2151.422 of the Revised Code makes
a disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the agency shall send written
notice of the disposition of the investigation to the
administrator, director, or other chief administrative officer and
the owner or governing board of the out-of-home care entity. The
agency shall not provide witness statements or police or other
investigative reports.
Sec. 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 person licensed or registered under Chapter
4757. of the Revised Code 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 the following:
(a) Attorney and client; doctor
(b) Doctor and patient;
licensed
(c) Licensed psychologist or licensed school psychologist and
client;
member
(d) 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
(e) Husband and wife; or a
(f) Person licensed or registered under Chapter 4757. of the
Revised Code and client;
(g) 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. 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 person
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 3722.01 of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the "Social Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(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 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 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 person
licensed or registered 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.
(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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social
work, marriage and family therapy, or art therapy, 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social work, marriage and family
therapy, or art therapy, 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social
work, marriage and family therapy, or art therapy, 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) 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 this chapter;
(10) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices under Chapter 4757. of
the Revised Code.
(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, psychology, nursing,
pharmacy, physical therapy, occupational therapy, or
mechanotherapy, professional counseling, social work, marriage and
family therapy, or art therapy, 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, psychology, nursing, pharmacy, physical
therapy, occupational therapy, medicine and surgery, osteopathic
medicine and surgery,
or podiatric medicine and surgery,
professional counseling, social work, marriage and family therapy,
or art therapy, 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, the
medicaid program established under Chapter 5111. of the Revised
Code, and the children's buy-in program established under sections
5101.5211 to 5101.5216 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, 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,
professional clinical counselors, professional counselors,
independent social workers, social workers, social work
assistants, independent marriage and family therapists, marriage
and family therapists, and art therapists who are licensed,
certificated, or otherwise legally authorized for their respective
practices under Chapter 4757. 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social
work, marriage and family therapy, or art therapy, 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social work,
marriage and family therapy, or art therapy, 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices 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, professional counseling, social
work, marriage and family therapy, or art therapy, but who is not
also licensed, certificated, or otherwise legally authorized to
engage in the practice of physical therapy.
Sec. 4757.01. As used in this chapter:
(A) "Practice of professional counseling" means rendering or
offering to render to individuals, groups, organizations, or the
general public a counseling service involving the application of
clinical counseling principles, methods, or procedures to assist
individuals in achieving more effective personal, social,
educational, or career development and adjustment, including the
diagnosis and treatment of mental and emotional disorders.
(B) "Clinical counseling principles, methods, or procedures"
means an approach to counseling that emphasizes the counselor's
role in systematically assisting clients through all of the
following: assessing and analyzing background and current
information, diagnosing mental and emotional disorders, exploring
possible solutions, and developing and providing a treatment plan
for mental and emotional adjustment or development. "Clinical
counseling principles, methods, or procedures" includes at least
counseling, appraisal, consulting, and referral.
(C) "Practice of social work" means the application of
specialized knowledge of human development and behavior and
social, economic, and cultural systems in directly assisting
individuals, families, and groups in a clinical setting to improve
or restore their capacity for social functioning, including
counseling, the use of psychosocial interventions, and the use of
social psychotherapy, which includes the diagnosis and treatment
of mental and emotional disorders.
(D) "Accredited educational institution" means an institution
accredited by a national or regional accrediting agency accepted
by the board of regents.
(E) "Scope of practice" means the services, methods, and
techniques in which and the areas for which a person licensed or
registered under this chapter is trained and qualified.
(F) "Mental and emotional disorders" means those disorders
that are classified in accepted nosologies such as the
international classification of diseases and the diagnostic and
statistical manual of mental disorders and in future editions of
those nosologies.
(G) "Marriage and family therapy" means the diagnosis,
evaluation, assessment, counseling, management and treatment of
mental and emotional disorders, whether cognitive, affective, or
behavioral, within the context of marriage and family systems,
through the professional application of marriage and family
therapies and techniques.
(H) "Practice of marriage and family therapy" means the
diagnosis, treatment, evaluation, assessment, counseling, and
management, of mental and emotional disorders, whether cognitive,
affective, or behavioral, within the context of marriage and
family systems, to individuals, couples, and families, singly or
in groups, whether those services are offered directly to the
general public or through public or private organizations, for a
fee, salary, or other consideration, through the professional
application of marriage and family theories, therapies, and
techniques, including, but not limited to, psychotherapeutic
theories, therapies and techniques that marriage and family
therapists are educated and trained to perform.
(I) "Practice of art therapy" means the diagnosis, treatment,
evaluation, assessment, and remediation of mental and emotional
disorders, whether cognitive, affective, or behavioral, within the
context of art therapy principles and processes, to individuals,
couples, and families, singly or in groups, whether those services
are offered directly to the general public or through public or
private organizations, for a fee, salary, or other consideration,
through the professional application of art therapy theories and
techniques, including, but not limited to, psychotherapeutic
theories, therapies, and techniques that art therapists are
educated and trained to perform.
Sec. 4757.02. (A) Except as provided in division (C) of this
section and section 4757.41 of the Revised Code:
(1) No person shall engage in or claim to the public to be
engaging in the practice of professional counseling for a fee,
salary, or other consideration unless the person is currently
licensed under this chapter as a professional clinical counselor
or professional counselor.
(2) No person shall practice or claim to the public to be
practicing social work for a fee, salary, or other consideration
unless the person is currently licensed under this chapter as an
independent social worker or a social worker.
(3) No person shall claim to the public to be a social work
assistant unless the person is currently registered under this
chapter as a social work assistant.
(4) No person shall engage in the practice of marriage and
family therapy or claim to the public to be engaging in the
practice of marriage and family therapy unless the person is
currently licensed under this chapter as a marriage and family
therapist.
(5) Beginning one year after the effective date of this
amendment, no person shall engage in or claim to the public to be
engaging in the practice of art therapy for a fee, salary, or
other consideration unless the person is currently licensed under
this chapter as an art therapist.
(B)(1) No person shall use the title "professional clinical
counselor," "professional counselor," or any other title or
description incorporating the word "counselor" or any initials
used to identify persons acting in those capacities unless
currently authorized under this chapter by licensure to act in the
capacity indicated by the title or initials.
(2) No person shall use the title "social worker,"
"independent social worker," "social work assistant," or any other
title or description incorporating the words "social worker" or
any initials used to identify persons acting in those capacities
unless the person is currently authorized by licensure or
registration under this chapter to act in the capacity indicated
by the title or initials.
(3) No person shall use the title "marriage and family
therapist" or any initials used to identify persons acting in that
capacity unless the person is currently authorized by licensure
under this chapter to act in the capacity indicated by the title
or initials.
(4) Beginning one year after the effective date of this
amendment, no person shall use the title "art therapist" or any
other title or description that incorporates the phrase "art
therapist"; otherwise hold the person out to be an art therapist;
or use any initials commonly used to identify art therapists,
unless the person is currently licensed under this chapter as an
art therapist.
(C)(1) Divisions (A)(1) to (3) of this section do not apply
to the practice of marriage and family therapy by a person holding
a valid license or temporary license as a marriage and family
therapist or independent marriage and family therapist under this
chapter.
(2) Division (A)(4) of this section does not apply to the
following persons licensed or registered under this chapter:
professional clinical counselors, professional counselors,
independent social workers, social workers, and social work
assistants.
Sec. 4757.03. There is hereby created the counselor, social
worker,
and marriage and family therapist, and art therapist
board, consisting of
fifteen eighteen members. The governor shall
appoint the members with the advice and consent of the senate.
Four of the members shall be individuals licensed under this
chapter as professional clinical counselors or professional
counselors. At all times, the counselor membership shall include
at least two licensed professional clinical counselors, at least
one individual who has received a doctoral degree in counseling
from an accredited educational institution recognized by the board
and holds a graduate level teaching position in a counselor
education program, and at least two individuals who have received
at least a master's degree in counseling from an accredited
educational institution recognized by the board.
Two of the members shall be individuals licensed under this
chapter as independent marriage and family therapists and two
shall be individuals licensed under this chapter as marriage and
family therapists or, if the board has not yet licensed
independent marriage and family therapists or marriage and family
therapists, eligible for licensure as independent marriage and
family therapists or marriage and family therapists. They shall
have, during the five years preceding appointment, actively
engaged in the practice of marriage and family therapy, in
educating and training master's, doctoral, or postdoctoral
students of marriage and family therapy, or in marriage and family
therapy research and, during the two years immediately preceding
appointment, shall have devoted the majority of their professional
time to the activity while residing in this state.
Two members shall be individuals licensed under this chapter
as independent social workers. Two members shall be individuals
licensed under this chapter as social workers, at least one of
whom must hold a bachelor's or master's degree in social work from
an accredited educational institution recognized by the board. At
all times, the social worker membership shall include one educator
who holds a teaching position in a baccalaureate or master's
degree social work program at an accredited educational
institution recognized by the board.
Three Two members shall be individuals licensed under this
chapter as art therapists.
Four members shall be representatives of the general public
who have not practiced art therapy, professional counseling,
marriage and family therapy, psychology or psychiatry, or social
work and have not been involved in the delivery of art therapy,
professional counseling, marriage and family therapy, psychology
or psychiatry, or social work services. At least one of the
members representing the general public shall be at least sixty
years of age. During their terms the public members shall not
practice art therapy, professional counseling, marriage and family
therapy, psychology or psychiatry, or social work or be involved
in the delivery of art therapy, professional counseling, marriage
and family therapy, or social work services.
Not more than
eight ten members of the board may be members
of the same political party or sex. At least one member of the
board shall be of African, Native American, Hispanic, or Asian
descent.
Of the initial appointees, three shall be appointed for terms
ending October 10, 1985, four shall be appointed for terms ending
October 10, 1986, and four shall be appointed for terms ending
October 10, 1987. Of the two initial independent marriage and
family therapists appointed to the board, one shall be appointed
for a term ending two years after the effective date of this
amendment April 7, 2003, and one for a term ending three years
after that date. Of the two initial marriage and family therapists
appointed to the board, one shall be appointed for a term ending
two years after
the effective date of this amendment April 7,
2003, and one for a term ending three years after that date. Of
the two initial art therapists appointed to the board, one shall
be appointed for a term ending one year after the effective date
of this amendment and one for a term ending three years after that
date. The additional public member appointed to the board shall be
appointed for a term ending three years after the effective date
of this amendment. After the initial appointments, terms of office
shall be three years, each term ending on the same day of the same
month of the year as did the term that it succeeds.
A member shall hold office from the date of appointment until
the end of the term for which the member was appointed. A member
appointed to fill a vacancy occurring prior to the expiration of
the term for which the member's predecessor was appointed shall
hold office for the remainder of that term. A member shall
continue in office after the expiration date of the member's term
until a successor takes office or until a period of sixty days has
elapsed, whichever occurs first. Members may be reappointed,
except that if a person has held office for two consecutive full
terms, the person shall not be reappointed to the board sooner
than one year after the expiration of the second full term as a
member of the board.
Sec. 4757.04. Within the counselor, social worker,
and
marriage and family therapist, and art therapist board, there is
hereby created the counselors professional standards committee,
the social workers professional standards committee,
and the
marriage and family therapist professional standards committee,
and the art therapist professional standards committee.
The counselors professional standards committee consists
shall consist of the board's professional clinical counselor and
professional counselor members and one of the members representing
the public who is not the member representing the public on the
marriage and family therapist professional standards committee or
the social workers professional standards committee. The committee
has full authority to act on behalf of the board on all matters
concerning professional clinical counselors and professional
counselors.
The social workers professional standards committee
consists
shall consist of the board's independent social worker and social
worker members
and one of the members representing the public who
is not the member representing the public on the counselors
professional standards committee or the marriage and family
therapist professional standards committee. The committee has full
authority to act on behalf of the board on all matters concerning
independent social workers, social workers, and social work
assistants.
The marriage and family therapist professional standards
committee consists shall consist of the board's marriage and
family therapists
and one of the members representing the public
who is not the member representing the public on the counselors
professional standards committee or the social workers
professional standards committee. The committee has full authority
to act on behalf of the board on all matters concerning
independent marriage and family therapists and marriage and family
therapists.
The art therapist professional standards committee shall
consist of the board's art therapist members. The committee has
full authority to act on behalf of the board on all matters
concerning art therapists.
Each of the board's committees shall also include one of the
board's members representing the public. A public member shall not
serve on more than one of the committees.
Sec. 4757.05. (A) The counselor, social worker,
and marriage
and family therapist, and art therapist board shall meet as a
whole to discuss and review issues regarding personnel, budgetary
matters, administration, and any other matter pertaining to the
operation of the entire board. The board shall hold at least one
regular meeting every three months. Additional meetings may be
held at such times as the board determines, upon call of the
chairperson, or upon the written request of
four seven or more
members of the board to the executive director. If
four seven or
more members so request a meeting, the executive director shall
call a meeting to commence in not more than seven days.
Eight Ten
members of the board constitute a quorum to conduct business.
Except as provided in section 4757.39 of the Revised Code, no
action shall be taken without the concurrence of at least a
quorum.
The counselors professional standards committee, the social
workers professional standards committee,
and the marriage and
family therapist professional standards committee, and the art
therapist professional standards committee, shall meet as
necessary to fulfill their duties established by this chapter and
the rules adopted under it. Three members of a committee the
counselors, social workers, and marriage and family therapists
committees constitute a quorum for that each committee to conduct
business. Two members of the art therapists committee constitute a
quorum to conduct business. No action shall be taken without the
concurrence of at least a quorum.
(B) At its first meeting each year, the board shall elect a
chairperson from among its members. At the first meeting held each
year by the board's professional standards committees, each
committee shall elect from among its members a chairperson. The
chairpersons of the committees shall serve as co-vice-chairpersons
of the board. Neither the board nor its committees shall elect a
member to serve more than two consecutive terms in the same
office.
(C) The board shall employ an executive director. The board
may employ and prescribe the powers and duties of such employees
and consultants as are necessary for it and its professional
standards committees to carry out this chapter and rules adopted
under it.
(D) The members of the board shall receive an amount fixed
under division (J) of section 124.15 of the Revised Code for each
day employed in the discharge of their official duties as board or
committee members and shall be reimbursed for their necessary and
actual expenses incurred in the performance of their official
duties.
(E) The board and each of its professional standards
committees shall keep any records and minutes necessary to fulfill
the duties established by this chapter and the rules adopted under
it.
Sec. 4757.06. The counselor, social worker,
and marriage and
family therapist, and art therapist board shall adopt a seal to
authenticate its records and proceedings. Each of the board's
professional standards committees shall use the seal to
authenticate its records and proceedings.
A statement, signed by the executive director of the board to
which is affixed the official seal of the board, to the effect
that a person specified in the statement is not currently licensed
or registered under this chapter or that a license or certificate
of registration has been revoked or suspended, shall be received
as prima-facie evidence of a record of the board in any court or
before any officer of the state.
Sec. 4757.07. The counselor, social worker, and marriage and
family therapist, and art therapist board and its professional
standards committees shall not discriminate against any licensee,
registrant, or applicant for a license or certificate of
registration under this chapter because of the person's race,
color, religion, sex, national origin, disability as defined in
section 4112.01 of the Revised Code, or age. The board or
committee, as appropriate, shall afford a hearing to any person
who files with the board or committee a statement alleging
discrimination based on any of those reasons.
Sec. 4757.10. The counselor, social worker,
and marriage and
family therapist, and art therapist board may adopt any rules
necessary to carry out this chapter.
The board shall adopt rules that do all of the following:
(A) Concern intervention for and treatment of any impaired
person holding a license or certificate of registration issued
under this chapter;
(B) Establish standards for training and experience of
supervisors described in division (C) of section 4757.30 of the
Revised Code;
(C) Define the requirement that an applicant be of good moral
character in order to be licensed or registered under this
chapter;
(D) Establish requirements for criminal records checks of
applicants under section 4776.03 of the Revised Code;
(E) Establish a graduated system of fines based on the scope
and severity of violations and the history of compliance, not to
exceed five hundred dollars per incident, that any professional
standards committee of the board may charge for a disciplinary
violation described in section 4757.36 of the Revised Code.
All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code. When it adopts
rules under this section or any other section of this chapter, the
board may consider standards established by any national
association or other organization representing the interests of
those involved in professional counseling, social work, or
marriage and family therapy the professions governed by the board
under this chapter.
Sec. 4757.101. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
counselor, social worker, and marriage and family therapist, and
art therapist board shall not grant a license to an applicant for
an initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued
pursuant to section 4757.22, 4757.23, 4757.27, 4757.28, 4757.29,
4757.30, or 4757.301 of the Revised Code under this chapter.
Sec. 4757.11. The counselor, social worker,
and marriage and
family therapist, and art therapist board shall establish a code
of ethical practice for persons licensed or registered under this
chapter as professional clinical counselors or professional
counselors. The board shall establish a code of ethical practice
for persons licensed under this chapter as independent social
workers or social workers, persons registered under this chapter
as social work assistants, and persons licensed as independent
marriage and family therapists or marriage and family therapists.
The codes of ethical practice shall be established by adopting
rules in accordance with Chapter 119. of the Revised Code. The
codes of ethical practice shall define unprofessional conduct,
which shall include engaging in a dual relationship with a client
or former client, committing an act of sexual abuse, misconduct,
or exploitation of a client or former client, and, except as
permitted by law, violating client confidentiality. The codes of
ethical practice may be based on any codes of ethical practice
developed by national organizations representing the interests of
those involved in professional counseling, social work, or
marriage and family therapy the professions governed by the board
under this chapter. The board may establish standards in its codes
of ethical practice that are more stringent than those established
by national organizations.
Sec. 4757.12. (A) A person who is licensed or registered
under this chapter, and a person or agency that employs a person
licensed or registered under this chapter, may charge a client or
receive remuneration for professional
counseling, social work, or
marriage and family therapy services only if one of the following
applies:
(1) Prior to the performance of services, the client is
furnished a copy of a professional disclosure statement containing
the information described in division (B) of this section;
(2) A professional disclosure statement containing the
information described in division (B) of this section is displayed
in a conspicuous location at the place where the services are
performed and a copy of the statement is provided to the client
upon request.
(B) The professional disclosure statement required by
division (A) of this section shall contain the following:
(1) The name, title, business address, and business telephone
number of the professional clinical counselor, professional
counselor, social work assistant, social worker, independent
social worker, independent marriage and family therapist, or
marriage and family therapist person performing the services;
(2) The formal professional education of the person
performing the services, including the institutions the person
attended, the dates attended, and the degrees received from them;
(3) The areas of competence in the field in which the person
is licensed or registered and the services the person provides;
(4) In the case of a person who is engaged in a private
individual practice, partnership, or group practice, the person's
fee schedule, listed by type of service or hourly rate;
(5) At the bottom of the first page of the disclosure
statement, the words, "This information is required by the
counselor, social worker,
and marriage and family therapist, and
art therapist board, which regulates the practices of professional
counseling, social work,
and marriage and family therapy, and art
therapy in this state." and, immediately beneath those words, the
name, address, and telephone number of the board.
Sec. 4757.15. The counselor, social worker,
and marriage and
family therapist, and art therapist board shall prepare, cause to
be prepared, or procure the use of, and grade, have graded, or
procure the grading of, counseling, social work, and marriage and
family therapist examinations to determine the competence of
applicants for such licensure under this chapter. The board may
administer separate examinations to reflect differences in
educational degrees earned by applicants. The board may develop
the examinations or use examinations prepared by state or national
organizations that represent the interests of those involved in
professional counseling, social work, or marriage and family
therapy. The board shall conduct examinations at least twice each
year and shall determine the level of competence necessary for a
passing score.
Sec. 4757.16. (A) A person seeking to be licensed under this
chapter as a professional clinical counselor or, professional
counselor, independent social worker, social worker, independent
marriage and family therapist, marriage and family therapist, or
art therapist, or seeking to be registered under this chapter as a
social work assistant, shall file with the counselors appropriate
professional standards committee of the counselor, social worker,
and marriage and family therapist board a written application on a
form prescribed by the counselor, social worker, marriage and
family therapist, and art therapist board. A person seeking to be
licensed under this chapter as an independent social worker or
social worker or registered under this chapter as a social work
assistant shall file with the social workers professional
standards committee of the board a written application on a form
prescribed by the board. A person seeking to be licensed under
this chapter as an independent marriage and family therapist or a
marriage and family therapist shall file with the marriage and
family therapist professional standards committee of the board a
written application on a form prescribed by the board.
Each form prescribed by the board shall contain a statement
informing the applicant that a person who knowingly makes a false
statement on the form is guilty of falsification under section
2921.13 of the Revised Code, a misdemeanor of the first degree.
(B) The professional standards committees shall review each
application received and shall determine whether the applicant
meets the requirements to receive the license or certificate of
registration for which application has been made.
Sec. 4757.17. The professional standards committees of the
counselor, social worker,
and marriage and family therapist, and
art therapist board shall review the applications of applicants
for licensure or registration under this chapter who have received
a post-secondary degree from an educational institution outside
the United States. The committee reviewing the application shall
determine whether the applicant's experience, command of the
English language, and completed academic program meet the
standards of an academic program of an accredited educational
institution. If they do, the applicant shall be considered to have
received the education from an accredited educational institution
as required by this chapter and rules adopted under it.
Sec. 4757.18. The counselor, social worker,
and marriage and
family therapist, and art therapist board may enter into a
reciprocal agreement with any state that regulates individuals
practicing in the same capacities as those regulated under this
chapter if the board finds that the state has requirements
substantially equivalent to the requirements this state has for
receipt of a license or certificate of registration under this
chapter. In a reciprocal agreement, the board agrees to issue the
appropriate license or certificate of registration to any resident
of the other state whose practice is currently authorized by that
state if that state's regulatory body agrees to authorize the
appropriate practice of any resident of this state who holds a
valid license or certificate of registration issued under this
chapter.
The professional standards committees of the board may, by
endorsement, issue the appropriate license or certificate of
registration to a resident of a state with which the board does
not have a reciprocal agreement, if the person submits proof
satisfactory to the committee of currently being licensed,
certified, registered, or otherwise authorized to practice by that
state.
Sec. 4757.19. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the counselor, social worker, and
marriage and family therapist, and art therapist board shall
comply with sections 3123.41 to 3123.50 of the Revised Code and
any applicable rules adopted under section 3123.63 of the Revised
Code with respect to a license or certificate of registration
issued pursuant to this chapter.
Sec. 4757.22. (A) The counselors professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art therapist board shall issue a license to
practice as a professional clinical counselor to each applicant
who submits a properly completed application, pays the fee
established under section 4757.31 of the Revised Code, and meets
the requirements specified in division (B) of this section.
(B) To be eligible for a professional clinical counselor
license, an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours of graduate credit in counselor training acceptable to the
committee, including a minimum of thirty quarter hours of
instruction in the following areas:
(a) Clinical psychopathology, personality, and abnormal
behavior;
(b) Evaluation of mental and emotional disorders;
(c) Diagnosis of mental and emotional disorders;
(d) Methods of prevention, intervention, and treatment of
mental and emotional disorders.
(4) The individual must complete, in either a private or
clinical counseling setting, supervised experience in counseling
that is of a type approved by the committee, is supervised by a
professional clinical counselor or other qualified professional
approved by the committee, and is in the following amounts:
(a) In the case of an individual holding only a master's
degree, not less than two years of experience, which must be
completed after the award of the master's degree;
(b) In the case of an individual holding a doctorate, not
less than one year of experience, which must be completed after
the award of the doctorate.
(5) The individual must pass a field evaluation that meets
the following requirements:
(a) Has been completed by the applicant's instructors,
employers, supervisors, or other persons determined by the
committee to be competent to evaluate an individual's professional
competence;
(b) Includes documented evidence of the quality, scope, and
nature of the applicant's experience and competence in diagnosing
and treating mental and emotional disorders.
(6) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
professional clinical counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and development; counseling
theory; counseling techniques; group dynamics, processing, and
counseling; appraisal of individuals; research and evaluation;
professional, legal, and ethical responsibilities; social and
cultural foundations; and lifestyle and career development;
(2) Participation in a supervised practicum and internship in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license to practice as a professional
clinical counselor.
(E) An individual may not sit for the licensing examination
unless the individual meets the educational requirements to be
licensed under this section. An individual who is denied admission
to the licensing examination may appeal the denial in accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.23. (A) The counselors professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art therapist board shall issue a license as a
professional counselor to each applicant who submits a properly
completed application, pays the fee established under section
4757.31 of the Revised Code, and meets the requirements
established under division (B) of this section.
(B) To be eligible for a license as a professional counselor,
an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours of graduate credit in counselor training acceptable to the
committee, which the individual may complete while working toward
receiving a graduate degree in counseling or subsequent to
receiving the degree.
(4) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
professional counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and development; counseling
theory; counseling techniques; group dynamics, processing, and
counseling; appraisal of individuals; research and evaluation;
professional, legal, and ethical responsibilities; social and
cultural foundations; and lifestyle and career development;
(2) Participation in a supervised practicum and internship in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as a professional counselor.
(E) An individual may not sit for the licensing examination
unless the individual meets the educational requirements to be
licensed under this section. An individual who is denied admission
to the licensing examination may appeal the denial in accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted. Rules adopted under this division shall be
adopted in accordance with Chapter 119. of the Revised Code.
Sec. 4757.27. (A) The social workers professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art therapist board shall issue a license as an
independent social worker to each applicant who submits a properly
completed application, pays the fee established under section
4757.31 of the Revised Code, and meets the requirements specified
in division (B) of this section. An independent social worker
license shall clearly indicate each academic degree earned by the
person to whom it has been issued.
(B) To be eligible for a license as an independent social
worker, an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a master's degree or a doctorate in social work.
(3) The individual must complete at least two years of
post-master's degree social work experience supervised by an
independent social worker.
(4) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as an
independent social worker.
(C) The committee may issue a temporary license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as an independent social worker.
(D) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.28. (A) The social workers professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art therapist board shall issue a license as a
social worker to each applicant who submits a properly completed
application, pays the fee established under section 4757.31 of the
Revised Code, and meets the requirements specified in division (B)
of this section. A social worker license shall clearly indicate
each academic degree earned by the person to whom it is issued.
(B) To be eligible for a license as a social worker, an
individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution one of the following:
(a) A baccalaureate degree in social work or, prior to
October 10, 1992, a baccalaureate degree in a program closely
related to social work and approved by the committee;
(b) A master's degree in social work;
(c) A doctorate in social work.
(3) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
social worker.
(C) The committee may issue a temporary license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as a social worker. However, the
committee may issue a temporary license to an applicant who
provides the board with a statement from the applicant's academic
institution indicating that the applicant is in good standing with
the institution, that the applicant has met the academic
requirements for the applicant's degree, and the date the
applicant will receive the applicant's degree.
(D) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.29. (A) The social workers professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art therapist board shall issue a certificate of
registration as a social work assistant to each applicant who
submits a properly completed application, pays the fee established
under section 4757.31 of the Revised Code, is of good moral
character, and holds from an accredited educational institution an
associate degree in social service technology or a bachelor's
degree that is equivalent to an associate degree in social service
technology or a related bachelor's or higher degree that is
approved by the committee.
(B) On and after March 18, 1997, a counselor assistant
certificate of registration issued under former section 4757.08 of
the Revised Code shall be considered a certificate of registration
as a social work assistant. The holder of the certificate is
subject to the supervision requirements specified in section
4757.26 of the Revised Code, the continuing education requirements
specified in section 4757.33 of the Revised Code, and regulation
by the social workers professional standards committee. On the
first renewal occurring after March 18, 1997, the committee shall
issue a certificate of registration as a social work assistant to
each former counselor assistant who qualifies for renewal.
(C) The social workers professional standards committee shall
issue a certificate of registration as a social work assistant to
any person who, on or before March 18, 1998, meets the
requirements for a certificate of registration as a counselor
assistant pursuant to division (A)(3) of former section 4757.08 of
the Revised Code, submits a properly completed application, pays
the fee established under section 4757.31 of the Revised Code, and
is of good moral character.
Sec. 4757.30. (A) The marriage and family therapist
professional standards committee of the counselor, social worker,
and marriage and family therapist, and art therapist board shall
issue a license to practice as a marriage and family therapist to
a person who has done all of the following:
(1) Properly completed an application for the license;
(2) Paid the required fee established by the board under
section 4757.31 of the Revised Code;
(3) Achieved one of the following:
(a) Received from an educational institution accredited at
the time the degree was granted by a regional accrediting
organization recognized by the board a master's degree or a
doctorate in marriage and family therapy;
(b) Completed a graduate degree that includes a minimum of
ninety quarter hours of graduate level course work in marriage and
family therapy training that is acceptable to the committee;
(4) Passed an examination administered by the board for the
purpose of determining the person's ability to be a marriage and
family therapist;
(5) Completed a practicum that includes at least three
hundred hours of client contact.
(B) To be accepted by the committee for purposes of division
(A)(3)(b) of this section, marriage and family therapist training
must include instruction in at least the following:
(1) Research and evaluation;
(2) Professional, legal, and ethical responsibilities;
(3) Marriage and family studies;
(4) Marriage and family therapy, including therapeutic theory
and techniques for individuals, groups, and families;
(6) Appraisal of individuals and families;
(7) Diagnosis of mental and emotional disorders;
(C) The marriage and family therapist professional standards
committee shall issue a license to practice as an independent
marriage and family therapist to a person who does both of the
following:
(1) Meets all of the requirements of division (A) of this
section;
(2) After meeting the requirements of division (A)(3) of this
section, completes at least two calendar years of work experience
in marriage and family therapy.
The two calendar years of work experience must include one
thousand hours of documented client contact in marriage and family
therapy. Two hundred hours of the one thousand hours must include
face-to-face supervision by a supervisor whose training and
experience meets standards established by the board in rules
adopted under section 4757.10 of the Revised Code and one hundred
hours of the two hundred hours of supervision must be individual
supervision.
(D) An independent marriage and family therapist or a
marriage and family therapist may engage in the private practice
of marriage and family therapy as an individual practitioner or as
a member of a partnership or group practice.
(E) A marriage and family therapist may diagnose and treat
mental and emotional disorders only under the supervision of a
psychologist, psychiatrist, professional clinical counselor,
independent social worker, or independent marriage and family
therapist. An independent marriage and family therapist may
diagnose and treat mental and emotional disorders without
supervision.
(F) Nothing in this chapter or rules adopted under it
authorizes an independent marriage and family therapist or a
marriage and family therapist to admit a patient to a hospital or
requires a hospital to allow a marriage and family therapist to
admit a patient.
(G) An independent marriage and family therapist or a
marriage and family therapist may not diagnose, treat, or advise
on conditions outside the recognized boundaries of the marriage
and family therapist's competency. An independent marriage and
family therapist or a marriage and family therapist shall make
appropriate and timely referrals when a client's needs exceed the
marriage and family therapist's competence level.
Sec. 4757.301. On receipt of an application for a license as
a marriage and family therapist, the counselor, social worker, and
marriage and family therapist, and art therapist board may issue a
temporary license to an individual who qualifies under division
(A) of section 4757.30 of the Revised Code for licensure as a
marriage and family therapist or divisions (A) and (C) of section
4757.30 of the Revised Code for licensure as an independent
marriage and family therapist, except that the individual is
awaiting the next opportunity to take an examination required by
the board under that division. The temporary license allows the
holder to engage in the practice of independent marriage and
family therapy or marriage and family therapy as appropriate and
is valid from the date of issuance until the earlier of one year
from that date, the date the applicant withdraws from taking the
examination, the date the applicant is notified that the applicant
failed the examination, or the date the applicant's license is
issued under section 4757.30 of the Revised Code. A temporary
license may not be renewed.
Sec. 4757.31. (A) Subject to division (B) of this section,
the counselor, social worker,
and marriage and family therapist,
and art therapist board shall establish, and may from time to time
adjust, fees to be charged for the following:
(1) Examination for licensure as a professional clinical
counselor, professional counselor, marriage and family therapist,
independent marriage and family therapist, social worker, or
independent social worker;
(2) Initial licenses of professional clinical counselors,
professional counselors, marriage and family therapists,
independent marriage and family therapists, social workers, and
independent social workers, and art therapists except that the
board shall charge only one fee to a person who fulfills all
requirements for more than one of the following initial licenses:
an initial license as a social worker or independent social
worker, an initial license as a professional counselor or
professional clinical counselor,
and an initial license as a
marriage and family therapist or independent marriage and family
therapist, and an initial license as an art therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal and late renewal of licenses of professional
clinical counselors, professional counselors, marriage and family
therapists, independent marriage and family therapists, art
therapists, social workers, and independent social workers and
renewal 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.
(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 (6) of this section shall be
nonrefundable and shall be established in amounts sufficient to
cover the necessary expenses in administering this chapter and
rules adopted under it that are not covered by fees charged under
division (A)(1) or (C) of this section. The renewal fee for a
license or certificate of registration shall not be less than the
initial fee for that license or certificate. The fees charged for
licensure and registration and the renewal of licensure and
registration may differ for the various types of licensure and
registration, but shall not exceed one hundred twenty-five dollars
each, unless the board determines that amounts in excess of one
hundred twenty-five dollars are needed to cover its necessary
expenses in administering this chapter and rules adopted under it
and the amounts in excess of one hundred twenty-five dollars are
approved by the controlling board.
(C) All receipts of the board shall be deposited in the state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be approved by
the chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4757.32. A license or certificate of registration
issued under this chapter expires two years after it is issued and
may be renewed in accordance with the standard renewal procedure
established under Chapter 4745. of the Revised Code.
Subject to section 4757.36 of the Revised Code, the staff of
the appropriate professional standards committee of the counselor,
social worker,
and marriage and family therapist, and art
therapist board shall, on behalf of each committee, issue a
renewed license or certificate of registration to each applicant
who has paid the renewal fee established by the board under
section 4757.31 of the Revised Code and, satisfied the continuing
education requirements established by the board under section
4757.33 of the Revised Code, and in the case of an art therapist,
maintained the appropriate certification or registration from the
art therapy credentials board, inc.
A license or certificate of registration that is not renewed
lapses on its expiration date. A license or certificate of
registration that has lapsed may be restored if the individual,
not later than two years after the license or certificate expired,
applies for restoration of the license or certificate. The staff
of the appropriate professional standards committee shall issue a
restored license or certificate of registration to the applicant
if the applicant pays the renewal fee established under section
4757.31 of the Revised Code and satisfies the continuing education
requirements established under section 4757.33 of the Revised Code
for restoring the license or certificate of registration. The
board and its professional standards committees shall not require
a person to take an examination as a condition of having a lapsed
license or certificate of registration restored.
Sec. 4757.33. (A) Except as provided in division (B) of this
section, each person who holds a license or certificate of
registration issued under this chapter shall complete during the
period that the license or certificate is in effect not less than
thirty clock hours of continuing professional education as a
condition of receiving a renewed license or certificate. To have a
lapsed license or certificate of registration restored, a person
shall complete the number of hours of continuing education
specified by the counselor, social worker,
and marriage and family
therapist, and art therapist board in rules it shall adopt in
accordance with Chapter 119. of the Revised Code.
The professional standards committees of the counselor,
social worker, and marriage and family therapist board shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing standards and procedures to be followed by the
committees in conducting the continuing education approval
process.
(B) The board may waive the continuing education requirements
established under this section for persons who are unable to
fulfill them because of military service, illness, residence
abroad, or any other reason the committee considers acceptable.
In the case of a social worker licensed by virtue of
receiving, prior to October 10, 1992, a baccalaureate degree in a
program closely related to social work, as a condition of the
first renewal of the license, the social worker must complete at
an accredited educational institution a minimum of five semester
hours of social work graduate or undergraduate credit, or their
equivalent, that is acceptable to the committee and includes a
course in social work theory and a course in social work methods.
Sec. 4757.34. Not later than ninety days after December 9,
1994, the counselor, social worker,
and marriage and family
therapist, and art therapist board shall approve one or more
continuing education courses of study that assist social workers,
independent social workers, social work assistants, independent
marriage and family therapists, marriage and family therapists,
professional clinical counselors, and professional counselors, and
art therapists in recognizing the signs of domestic violence and
its relationship to child abuse. Social workers, independent
social workers, social work assistants, independent marriage and
family therapists, marriage and family therapists, professional
clinical counselors, and professional counselors, and art
therapists are not required to take the courses.
Sec. 4757.36. (A) The appropriate professional standards
committee of the counselor, social worker,
and marriage and family
therapist, and art 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 art therapist, or a certificate of registration
to practice as a social work assistant, for any reason described
in division (C) of this section.
(B) In its imposition of sanctions against an individual, 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 art
therapy or practicing in fields related to counseling, social
work,
or marriage and family therapy, or art therapy;
(4) A failure to comply with section 4757.12 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, art 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, art
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, 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 or
refuse 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. 4757.361. (A) As used in this section, with regard to
offenses committed in Ohio, "aggravated murder," "murder,"
"voluntary manslaughter," "felonious assault," "kidnapping,"
"rape," "sexual battery," "gross sexual imposition," "aggravated
arson," "aggravated robbery," and "aggravated burglary" mean such
offenses as defined in Title XXIX of the Revised Code; with regard
to offenses committed in other jurisdictions, the terms mean
offenses comparable to offenses defined in Title XXIX of the
Revised Code.
(B) When there is clear and convincing evidence that
continued practice by an individual licensed under this chapter
presents a danger of immediate and serious harm to the public, as
determined on consideration of the evidence by the professional
standards committees of the counselor, social worker, and marriage
and family therapist, and art therapist board, the appropriate
committee shall impose on the individual a summary suspension
without a hearing.
Immediately following the decision to impose a summary
suspension, the appropriate committee shall issue a written order
of suspension and cause it to be delivered by certified mail or in
person in accordance with section 119.07 of the Revised Code. The
order shall not be subject to suspension by the court during the
pendency of any appeal filed under section 119.12 of the Revised
Code. If the individual subject to the suspension requests an
adjudication, the date set for the adjudication shall be within
fifteen days but not earlier than seven days after the individual
makes the request, unless another date is agreed to by both the
individual and the committee imposing the suspension. The summary
suspension shall remain in effect, unless reversed by the
committee, until a final adjudication order issued by the
committee pursuant to this section and Chapter 119. of the Revised
Code becomes effective.
The committee shall issue its final adjudication order within
ninety days after completion of the adjudication. If the committee
does not issue a final order within the ninety-day period, the
summary suspension shall be void, but any final adjudication order
issued subsequent to the ninety-day period shall not be affected.
(C) The license issued to an individual under this chapter is
automatically suspended on that individual's conviction of, plea
of guilty to, or judicial finding with regard to any of the
following: aggravated murder, murder, voluntary manslaughter,
felonious assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. The suspension shall remain in effect from the date of
the conviction, plea, or finding until an adjudication is held
under Chapter 119. of the Revised Code. If the appropriate
committee has knowledge that an automatic suspension has occurred,
it shall notify the individual subject to the suspension. If the
individual is notified and either fails to request an adjudication
within the time periods established by Chapter 119. of the Revised
Code or fails to participate in the adjudication, the committee
shall enter a final order permanently revoking the person's
license or certificate.
Sec. 4757.38. The counselor, social worker,
and marriage and
family therapist, and art therapist board shall investigate
alleged violations of this chapter or the rules adopted under it
and alleged irregularities in the delivery of services related to
professional counseling, social work, or marriage and family
therapy by persons licensed or registered under this chapter. As
part of its conduct of an investigation, the board may issue
subpoenas, examine witnesses, and administer oaths.
The board may receive any information necessary to conduct an
investigation under this section. If the board is investigating
the provision of services to a couple or group, it is not
necessary for both members of the couple or all members of the
group to consent to the release of information relevant to the
investigation.
The board shall ensure that all records it holds pertaining
to an investigation remain confidential. The board shall adopt
rules establishing procedures to be followed in maintaining the
confidentiality of its investigative records. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
Sec. 4757.40. In addition to any other remedies provided by
law, the counselor and, social worker, marriage and family
therapist, and art therapist board may apply to an appropriate
court for an order enjoining the violation of any provision of
this chapter, and on a showing that any person has violated or is
about to violate any provision of this chapter, the court shall
grant an order enjoining the violation.
Sec. 4757.43. Nothing in this chapter or the rules adopted
under it shall be construed as authorizing a professional clinical
counselorprofessional counselor, independent marriage and family
therapist, , marriage and family therapist, independent social
worker, social worker, or social work assistant a person licensed
or registered under this chapter to admit a patient to a hospital
or as requiring a hospital to allow any of those individuals to
admit a patient.
Sec. 4757.44. For the purposes of section 2305.51 of the
Revised Code, a person who holds a license issued under this
chapter is a mental health professional.
A license holder is not liable in damages in a civil action,
and shall not be subject to disciplinary action by the counselor,
social worker, and marriage and family therapist, and art
therapist board, for disclosing any confidential information about
a client that is disclosed for the purposes of section 2305.51 of
the Revised Code.
Sec. 4757.45. (A) An individual seeking a license to
practice as an art therapist shall submit an application to the
art therapist professional standards committee of the counselor,
social worker, marriage and family therapist, and art therapist
board. The application shall be accompanied by the fee established
under section 4757.31 of the Revised Code.
(B) The committee shall review all applications received. If
an applicant submits a properly completed application and meets
the requirements specified in section 4757.46 of the Revised Code,
the committee shall issue to the applicant a license to practice
as an art therapist.
(C) A license is valid for the period specified in rules
adopted under section 4757.51 of the Revised Code and may be
renewed in accordance with procedures specified in the rules.
Sec. 4757.46. To be eligible to receive a license to practice
as an art therapist, an individual shall meet all of the following
requirements:
(A) Be of good moral character;
(B) Be at least twenty-one years of age;
(C) Hold current certification from the art therapy
credentials board, inc., and submit evidence of that certification
with the application submitted under section 4757.45 of the
Revised Code;
(D) Obtain three letters of recommendation from professional
sources, one of which shall be from an art therapist, and submit
the letters in accordance with procedures established in rules
adopted under section 4757.51 of the Revised Code.
Sec. 4757.47. (A) The art therapist professional standards
committee of the counselor, social worker, marriage and family
therapist, and art therapist board may issue a temporary license
to an applicant who meets any of the following requirements:
(1) Provides evidence to the committee that the applicant is
currently board certified by the art therapy credentials board,
inc., and further action by the committee to issue an art
therapist license is pending;
(2) Provides evidence to the committee that the applicant is
a registered art therapist with the art therapy credentials board,
inc.;
(3) Provides evidence to the committee that the applicant
holds a degree from an art therapy program approved by the
American art therapy association or the equivalent of such a
degree as determined by the committee.
(B) A temporary license issued under this section shall be
valid for two years and may be renewed upon expiration of the
initial temporary license. A temporary license may not be renewed
more than two times.
(C) An applicant holding a temporary license issued under
this section shall engage in the practice of art therapy under the
supervision of a licensed art therapist and in accordance with
guidelines established by the art therapy credentials board, inc.
Sec. 4757.48. A person licensed under this chapter as an art
therapist may engage in the practice of art therapy through the
integrated use of psychotherapeutic principles and visual art
media and processes in the assessment, evaluation, treatment,
amelioration, and remediation of emotional, cognitive,
neurological, psychosocial, physical, and developmental issues. A
licensed art therapist may provide training and supervision to art
therapy students or prospective applicants for licensure.
Sec. 4757.49. A person licensed under this chapter to
practice as an art therapist may diagnose and treat mental and
emotional disorders, except that the art therapist may make a
diagnosis only under the supervision of a psychologist,
psychiatrist, professional clinical counselor, independent
marriage and family therapist, or independent social worker. An
art therapist may engage in the private practice of art therapy as
an individual practitioner or as a member of a partnership or
group practice.
Sec. 4757.50. The counselor, social worker, marriage and
family therapist, and art therapist board shall adopt any rules
necessary for implementation of sections 4757.45 to 4757.50 of the
Revised Code. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.55. (A) An individual licensed or registered with
the counselor, social worker, marriage and family therapist, and
art therapist board to engage in the individual's respective
practice may render the individual's professional services 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 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 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) Professional clinical counselors, professional
counselors, independent social workers, social workers, social
work assistants, independent marriage and family therapists,
marriage and family therapists, and art therapists who are
authorized for their respective practices under Chapter 4757. of
the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to a professional clinical counselor,
professional counselor, independent social worker, social worker,
social work assistant, independent marriage and family therapist,
marriage and family therapist, or art therapist that prohibits the
individual from engaging in the individual's respective practice
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 professional counseling, social work, marriage and
family therapy, or art therapy.
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.
(B) 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
3722.01 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, any employee of a community
mental health facility, and any person
engaged in social work or
counseling licensed or registered under Chapter 4757. of the
Revised Code 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)(C) 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)(D) 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)(E) 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)(F) 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)(G) 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. 5101.99. (A) Whoever violates division (A) or (B) or
(C) of section 5101.61 of the Revised Code shall be fined not more
than five hundred dollars.
(B) Whoever violates division (A) of section 5101.27 of the
Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates section 5101.133 of the Revised Code is
guilty of a misdemeanor of the fourth degree.
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, social worker,
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 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;
(f) A person licensed or registered under Chapter 4757. of
the Revised Code.
(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 125.22, 1701.03, 1705.03,
1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 2151.421,
2921.22, 3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226,
4731.65, 4732.28, 4734.17, 4755.471, 4757.01, 4757.02, 4757.03,
4757.04, 4757.05, 4757.06, 4757.07, 4757.10, 4757.101, 4757.11,
4757.12, 4757.15, 4757.16, 4757.17, 4757.18, 4757.19, 4757.22,
4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.301, 4757.31,
4757.32, 4757.33, 4757.34, 4757.36, 4757.361, 4757.38, 4757.40,
4757.43, 4757.44, 5101.61, 5101.99, and 5123.61 of the Revised
Code are hereby repealed.
Section 3. Within ninety days after the effective date of
this section, the Governor shall appoint the initial art therapist
members and the additional public member of the Counselor, Social
Worker, Marriage and Family Therapist, and Art Therapist Board, in
accordance with section 4757.03 of the Revised Code, as amended by
this act. The art therapist appointees are not required, at the
time of appointment, to be licensed as art therapists; however,
the appointees may remain members only if the appointees become
licensed as art therapists within one year after the effective
date of this section.
Section 4. Until one year after the effective date of this
section, the Counselor, Social Worker, Marriage and Family
Therapist, and Art Therapist Board shall issue an art therapist
license to an applicant who is of good moral character, submits a
properly completed application, pays the fee for art therapist
licensure established under section 4757.31 of the Revised Code,
and meets the following requirements on the effective date of this
section:
(A) The applicant is licensed under Chapter 4757. of the
Revised Code as a professional clinical counselor, independent
marriage and family therapist, or independent social worker;
licensed under Chapter 4732. of the Revised Code as a
psychologist; or licensed under Chapter 4731. of the Revised Code
and is board-certified to practice as a psychiatrist.
(B) The person holds a degree in art therapy or the
equivalent of such a degree as determined by the Board.
(C) Provides evidence to the Board's Art Therapist
Professional Standards Committee that the applicant has practiced
art therapy for at least five years within the ten years
immediately preceding the effective date of this section.
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