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H. B. No. 232 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sears, Milkovich
Cosponsors:
Representatives Gonzales, Hackett, Stebelton, Smith, Johnson, DeVitis, Letson, Ramos, Stinziano, Wachtmann, Cera, Pelanda, Stautberg
A BILL
To amend sections 1701.03, 1705.03, 1705.04, 1705.53,
1785.01, 1785.02, 1785.03, 2152.72, 2305.234,
2305.51, 2317.02, 2921.22, 2925.01, 2951.041,
3107.014, 3701.046, 3701.74, 3709.161, 3721.21,
3793.02, 3923.28, 3923.281, 3923.282, 3923.30,
3963.01, 4723.16, 4725.33, 4729.161, 4731.226,
4731.65, 4732.28, 4734.17, 4734.41, 4755.471,
4757.01, 4757.02, 4757.03, 4757.04, 4757.10,
4757.11, 4757.16, 4757.21, 4757.22, 4757.23,
4757.26, 4757.27, 4757.28, 4757.29, 4757.30,
4757.31, 4757.33, 4757.34, 4757.36, 4757.38,
4757.41, 4757.43, 4758.40, 4758.41, 4758.561,
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61;
to enact sections 4757.13 and 4757.37; and to
repeal section 4757.12 of the Revised Code to
modify the laws governing professional counselors,
social workers, and marriage and family
therapists.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,
1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51, 2317.02,
2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74, 3709.161,
3721.21, 3793.02, 3923.28, 3923.281, 3923.282, 3923.30, 3963.01,
4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17,
4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10,
4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27,
4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36,
4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.561, 4758.59,
4758.61, 4769.01, 5101.61, and 5123.61 be amended and sections
4757.13 and 4757.37 of the Revised Code be enacted to read as
follows:
Sec. 1701.03. (A) A corporation may be formed under this
chapter for any purpose or combination of purposes for which
individuals lawfully may associate themselves, except that, if the
Revised Code contains special provisions pertaining to the
formation of any designated type of corporation other than a
professional association, as defined in section 1785.01 of the
Revised Code, a corporation of that type shall be formed in
accordance with the special provisions.
(B) On and after July 1, 1994, a corporation may be formed
under this chapter for the purpose of carrying on the practice of
any profession, including, but not limited to, a corporation for
the purpose of providing public accounting or certified public
accounting services, a corporation for the erection, owning, and
conducting of a sanitarium for receiving and caring for patients,
medical and hygienic treatment of patients, and instruction of
nurses in the treatment of disease and in hygiene, a corporation
for the purpose of providing architectural, landscape
architectural, professional engineering, or surveying services or
any combination of those types of services, and a corporation for
the purpose of providing a combination of the professional
services, as defined in section 1785.01 of the Revised Code, of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, psychologists authorized
under Chapter 4732. of the Revised Code, 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, and licensed professional
clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family
therapists, or marriage and family therapists authorized under
Chapter 4757. of the Revised Code.
This chapter does not restrict, limit, or otherwise affect
the authority or responsibilities of any agency, board,
commission, department, office, or other entity to license,
register, and otherwise regulate the professional conduct of
individuals or organizations of any kind rendering professional
services, as defined in section 1785.01 of the Revised Code, in
this state or to regulate the practice of any profession that is
within the jurisdiction of the agency, board, commission,
department, office, or other entity, notwithstanding that an
individual is a director, officer, employee, or other agent of a
corporation formed under this chapter and is rendering
professional services or engaging in the practice of a profession
through a corporation formed under this chapter or that the
organization is a corporation formed under this chapter.
(C) Nothing in division (A) or (B) of this section precludes
the organization of a professional association in accordance with
this chapter and Chapter 1785. of the Revised Code or the
formation of a limited liability company under Chapter 1705. of
the Revised Code with respect to a business, as defined in section
1705.01 of the Revised Code.
(D) No corporation formed for the purpose of providing a
combination of the professional services, as defined in section
1785.01 of the Revised Code, of optometrists authorized under
Chapter 4725. of the Revised Code, chiropractors authorized under
Chapter 4734. of the Revised Code to practice chiropractic or
acupuncture, psychologists authorized under Chapter 4732. of the
Revised Code, 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,
and licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family 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 in this state and elsewhere a professional
service, the kinds of professional services authorized under
Chapters 4703. and 4733. of the Revised Code, or a combination of
the professional services of optometrists authorized under Chapter
4725. of the Revised Code, chiropractors authorized under Chapter
4734. of the Revised Code to practice chiropractic or acupuncture,
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, and
licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers,
independent marriage and family therapists, or marriage and family
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, and
licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers,
independent marriage and family therapists, or marriage and family
therapists authorized under Chapter 4757. 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, or licensed professional
clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family
therapists, or marriage and family 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, and licensed professional clinical counselors,
licensed professional counselors, independent social workers,
social workers, independent marriage and family therapists, or
marriage and family 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, licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family 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., and 4757. of the
Revised Code if a combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, 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, and licensed professional
clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family
therapists, or marriage and family 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., sections 4755.04 to 4755.13,
or 4755.40 to 4755.56 4755., or 4757. of the Revised Code to
certified public accountants, licensed public accountants,
architects, attorneys, dentists, nurses, optometrists,
pharmacists, physician assistants, doctors of medicine and
surgery, doctors of osteopathic medicine and surgery, doctors of
podiatric medicine and surgery, practitioners of the limited
branches of medicine specified in section 4731.15 of the Revised
Code, mechanotherapists, psychologists, professional engineers,
chiropractors, chiropractors practicing acupuncture through the
state chiropractic board, veterinarians, occupational therapists,
physical therapists, and occupational therapists, licensed
professional clinical counselors, licensed professional
counselors, independent social workers, social workers,
independent marriage and family therapists, and marriage and
family therapists.
(B) "Professional association" means an association organized
under this chapter for the sole purpose of rendering one of the
professional services authorized under Chapter 4701., 4703.,
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to
4755.56 4755., or 4757. of the Revised Code, a combination of the
professional services authorized under Chapters 4703. and 4733. of
the Revised Code, or a combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, 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, and licensed professional
clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family
therapists, or marriage and family 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, or licensed professional
clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family
therapists, or marriage and family 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, and licensed professional clinical counselors,
licensed professional counselors, independent social workers,
social workers, independent marriage and family therapists, or
marriage and family 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, licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family 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. 2152.72. (A) This section applies only to a child who
is or previously has been adjudicated a delinquent child for an
act to which any of the following applies:
(1) The act is a violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or
2907.05 of the Revised Code.
(2) The act is a violation of section 2923.01 of the Revised
Code and involved an attempt to commit aggravated murder or
murder.
(3) The act would be a felony if committed by an adult, and
the court determined that the child, if an adult, would be guilty
of a specification found in section 2941.141, 2941.144, or
2941.145 of the Revised Code or in another section of the Revised
Code that relates to the possession or use of a firearm during the
commission of the act for which the child was adjudicated a
delinquent child.
(4) The act would be an offense of violence that is a felony
if committed by an adult, and the court determined that the child,
if an adult, would be guilty of a specification found in section
2941.1411 of the Revised Code or in another section of the Revised
Code that relates to the wearing or carrying of body armor during
the commission of the act for which the child was adjudicated a
delinquent child.
(B)(1) Except as provided in division (E) of this section, a
public children services agency, private child placing agency,
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place
a child in a certified foster home or for adoption until it
provides the foster caregivers or prospective adoptive parents
with all of the following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the
child the entity knows of that resulted in the child being
adjudicated a delinquent child and the disposition made by the
court, unless the records pertaining to the acts have been sealed
pursuant to section 2151.356 of the Revised Code;
(c) A written report describing any other violent act
committed by the child of which the entity is aware;
(d) The substantial and material conclusions and
recommendations of any psychiatric or psychological examination
conducted on the child or, if no psychological or psychiatric
examination of the child is available, the substantial and
material conclusions and recommendations of an examination to
detect mental and emotional disorders conducted in compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, licensed professional
clinical counselor, or licensed professional counselor licensed
under that chapter. The entity shall not provide any part of a
psychological, psychiatric, or mental and emotional disorder
examination to the foster caregivers or prospective adoptive
parents other than the substantial and material conclusions.
(2) Notwithstanding sections 2151.356 to 2151.358 of the
Revised Code, if records of an adjudication that a child is a
delinquent child have been sealed pursuant to those sections and
an entity knows the records have been sealed, the entity shall
provide the foster caregivers or prospective adoptive parents a
written statement that the records of a prior adjudication have
been sealed.
(C)(1) The entity that places the child in a certified foster
home or for adoption shall conduct a psychological examination of
the child unless either of the following applies:
(a) An entity is not required to conduct the examination if
an examination was conducted no more than one year prior to the
child's placement, and division (C)(1)(b) of this section does not
apply.
(b) An entity is not required to conduct the examination if a
foster caregiver seeks to adopt the foster caregiver's foster
child, and an examination was conducted no more than two years
prior to the date the foster caregiver seeks to adopt the child.
(2) No later than sixty days after placing the child, the
entity shall provide the foster caregiver or prospective adoptive
parents a written report detailing the substantial and material
conclusions and recommendations of the examination conducted
pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of this
section, the expenses of conducting the examinations and preparing
the reports and assessment required by division (B) or (C) of this
section shall be paid by the entity that places the child in the
certified foster home or for adoption.
(2) When a juvenile court grants temporary or permanent
custody of a child pursuant to any section of the Revised Code,
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the
Revised Code, to a public children services agency or private
child placing agency, the court shall provide the agency the
information described in division (B) of this section, pay the
expenses of preparing that information, and, if a new examination
is required to be conducted, pay the expenses of conducting the
examination described in division (C) of this section. On receipt
of the information described in division (B) of this section, the
agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the
acknowledgment and provide a copy to the agency. On the motion of
the agency, the court may terminate the order granting temporary
or permanent custody of the child to that agency, if the court
does not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a
certified foster home or for adoption with the assistance of or by
contracting with a public children services agency, private child
placing agency, or a private noncustodial agency, the entity shall
provide the agency with the information described in division (B)
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the
expenses of conducting the examination described in division (C)
of this section:
(a) The department of youth services if the placement is
pursuant to any section of the Revised Code including section
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised
Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2152.19 of the Revised Code;
(c) A public children services agency or private child
placing agency with temporary or permanent custody of the child.
The agency receiving the information described in division
(B) of this section shall provide the entity described in division
divisions (D)(3)(a) to (c) of this section that sent the
information written acknowledgment that the agency received the
information and provided it to the foster caregivers or
prospective adoptive parents. The entity shall keep the
acknowledgment and provide a copy to the agency. An entity that
places a child in a certified foster home or for adoption with the
assistance of or by contracting with an agency remains responsible
to provide the information described in division (B) of this
section to the foster caregivers or prospective adoptive parents
unless the entity receives written acknowledgment that the agency
provided the information.
(E) If a child is placed in a certified foster home as a
result of an emergency removal of the child from home pursuant to
division (D) of section 2151.31 of the Revised Code, an emergency
change in the child's case plan pursuant to division (F)(3) of
section 2151.412 of the Revised Code, or an emergency placement by
the department of youth services pursuant to this chapter or
Chapter 5139. of the Revised Code, the entity that places the
child in the certified foster home shall provide the information
described in division (B) of this section no later than ninety-six
hours after the child is placed in the certified foster home.
(F) On receipt of the information described in divisions (B)
and (C) of this section, the foster caregiver or prospective
adoptive parents shall provide to the entity that places the child
in the foster caregiver's or prospective adoptive parents' home a
written acknowledgment that the foster caregiver or prospective
adoptive parents received the information. The entity shall keep
the acknowledgment and provide a copy to the foster caregiver or
prospective adoptive parents.
(G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
certified foster home or for adoption shall fail to provide the
foster caregivers or prospective adoptive parents with the
information required by divisions (B) and (C) of this section.
(H) It is not a violation of any duty of confidentiality
provided for in the Revised Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with division
(B)(1)(d) or (C) of this section.
(I) As used in this section:
(1) "Body armor" has the same meaning as in section 2941.1411
of the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
Sec. 2305.234. (A) As used in this section:
(1) "Chiropractic claim," "medical claim," and "optometric
claim" have the same meanings as in section 2305.113 of the
Revised Code.
(2) "Dental claim" has the same meaning as in section
2305.113 of the Revised Code, except that it does not include any
claim arising out of a dental operation or any derivative claim
for relief that arises out of a dental operation.
(3) "Governmental health care program" has the same meaning
as in section 4731.65 of the Revised Code.
(4) "Health care facility or location" means a hospital,
clinic, ambulatory surgical facility, office of a health care
professional or associated group of health care professionals,
training institution for health care professionals, or any other
place where medical, dental, or other health-related diagnosis,
care, or treatment is provided to a person.
(5) "Health care professional" means any of the following who
provide medical, dental, or other health-related diagnosis, care,
or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and licensed practical nurses licensed
under Chapter 4723. of the Revised Code and individuals who hold a
certificate of authority issued under that chapter that authorizes
the practice of nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner;
(c) Physician assistants authorized to practice under Chapter
4730. of the Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the Revised Code;
(e) Physical therapists, physical therapist assistants,
occupational therapists, and occupational therapy assistants
licensed under Chapter 4755. of the Revised Code;
(f) Chiropractors licensed under Chapter 4734. of the Revised
Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the Revised
Code to practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the Revised
Code;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code;
(l) Respiratory care professionals licensed under Chapter
4761. of the Revised Code;
(m) Speech-language pathologists and audiologists licensed
under Chapter 4753. of the Revised Code;
(n) Professional Licensed professional clinical counselors,
licensed professional counselors, independent social workers,
social workers, independent marriage and family therapists, and
marriage and family therapists, licensed under Chapter 4757. of
the Revised Code;
(o) Psychologists licensed under Chapter 4732. of the Revised
Code;
(p) Independent chemical dependency counselors, chemical
dependency counselors III, chemical dependency counselors II, and
chemical dependency counselors I, licensed under Chapter 4758. of
the Revised Code Individuals licensed or certified under Chapter
4758. of the Revised Code who are acting within the scope of their
license or certificate as members of the profession of chemical
dependency counseling or alcohol and other drug prevention
services.
(6) "Health care worker" means a person other than a health
care professional who provides medical, dental, or other
health-related care or treatment under the direction of a health
care professional with the authority to direct that individual's
activities, including medical technicians, medical assistants,
dental assistants, orderlies, aides, and individuals acting in
similar capacities.
(7) "Indigent and uninsured person" means a person who meets
all of the following requirements:
(a) The person's income is not greater than two hundred per
cent of the current poverty line as defined by the United States
office of management and budget and revised in accordance with
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"
95 Stat. 511, 42 U.S.C. 9902, as amended.
(b) The person is not eligible to receive medical assistance
under Chapter 5111. of the Revised Code or assistance under any
other governmental health care program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer, policy,
contract, or plan denies coverage or is the subject of insolvency
or bankruptcy proceedings in any jurisdiction.
(8) "Nonprofit health care referral organization" means an
entity that is not operated for profit and refers patients to, or
arranges for the provision of, health-related diagnosis, care, or
treatment by a health care professional or health care worker.
(9) "Operation" means any procedure that involves cutting or
otherwise infiltrating human tissue by mechanical means, including
surgery, laser surgery, ionizing radiation, therapeutic
ultrasound, or the removal of intraocular foreign bodies.
"Operation" does not include the administration of medication by
injection, unless the injection is administered in conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
"Operation" does not include routine dental restorative
procedures, the scaling of teeth, or extractions of teeth that are
not impacted.
(10) "Tort action" means a civil action for damages for
injury, death, or loss to person or property other than a civil
action for damages for a breach of contract or another agreement
between persons or government entities.
(11) "Volunteer" means an individual who provides any
medical, dental, or other health-care related diagnosis, care, or
treatment without the expectation of receiving and without receipt
of any compensation or other form of remuneration from an indigent
and uninsured person, another person on behalf of an indigent and
uninsured person, any health care facility or location, any
nonprofit health care referral organization, or any other person
or government entity.
(12) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(13) "Deep sedation" means a drug-induced depression of
consciousness during which a patient cannot be easily aroused but
responds purposefully following repeated or painful stimulation, a
patient's ability to independently maintain ventilatory function
may be impaired, a patient may require assistance in maintaining a
patent airway and spontaneous ventilation may be inadequate, and
cardiovascular function is usually maintained.
(14) "General anesthesia" means a drug-induced loss of
consciousness during which a patient is not arousable, even by
painful stimulation, the ability to independently maintain
ventilatory function is often impaired, a patient often requires
assistance in maintaining a patent airway, positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function,
and cardiovascular function may be impaired.
(B)(1) Subject to divisions (F) and (G)(3) of this section, a
health care professional who is a volunteer and complies with
division (B)(2) of this section is not liable in damages to any
person or government entity in a tort or other civil action,
including an action on a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision to an indigent and
uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, including the provision of samples
of medicine and other medical products, unless the action or
omission constitutes willful or wanton misconduct.
(2) To qualify for the immunity described in division (B)(1)
of this section, a health care professional shall do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and uninsured
person is mentally capable of giving informed consent to the
provision of the diagnosis, care, or treatment and is not subject
to duress or under undue influence;
(b) Inform the person of the provisions of this section,
including notifying the person that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot hold the health care professional liable for damages in a
tort or other civil action, including an action on a medical,
dental, chiropractic, optometric, or other health-related claim,
unless the action or omission of the health care professional
constitutes willful or wanton misconduct;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by another individual on behalf of
and in the presence of the person, that states that the person is
mentally competent to give informed consent and, without being
subject to duress or under undue influence, gives informed consent
to the provision of the diagnosis, care, or treatment subject to
the provisions of this section. A written waiver under division
(B)(2)(c) of this section shall state clearly and in conspicuous
type that the person or other individual who signs the waiver is
signing it with full knowledge that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot bring a tort or other civil action, including an action on
a medical, dental, chiropractic, optometric, or other
health-related claim, against the health care professional unless
the action or omission of the health care professional constitutes
willful or wanton misconduct.
(3) A physician or podiatrist who is not covered by medical
malpractice insurance, but complies with division (B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (F) and (G)(3) of this section,
health care workers who are volunteers are not liable in damages
to any person or government entity in a tort or other civil
action, including an action upon a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the health care worker in the provision to an indigent
and uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, unless the action or omission
constitutes willful or wanton misconduct.
(D) Subject to divisions (F) and (G)(3) of this section, a
nonprofit health care referral organization is not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the nonprofit health care referral
organization in referring indigent and uninsured persons to, or
arranging for the provision of, medical, dental, or other
health-related diagnosis, care, or treatment by a health care
professional described in division (B)(1) of this section or a
health care worker described in division (C) of this section,
unless the action or omission constitutes willful or wanton
misconduct.
(E) Subject to divisions (F) and (G)(3) of this section and
to the extent that the registration requirements of section
3701.071 of the Revised Code apply, a health care facility or
location associated with a health care professional described in
division (B)(1) of this section, a health care worker described in
division (C) of this section, or a nonprofit health care referral
organization described in division (D) of this section is not
liable in damages to any person or government entity in a tort or
other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the health care professional or
worker or nonprofit health care referral organization relative to
the medical, dental, or other health-related diagnosis, care, or
treatment provided to an indigent and uninsured person on behalf
of or at the health care facility or location, unless the action
or omission constitutes willful or wanton misconduct.
(F)(1) Except as provided in division (F)(2) of this section,
the immunities provided by divisions (B), (C), (D), and (E) of
this section are not available to a health care professional,
health care worker, nonprofit health care referral organization,
or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the health care
professionals or health care workers involved are providing one of
the following:
(a) Any medical, dental, or other health-related diagnosis,
care, or treatment pursuant to a community service work order
entered by a court under division (B) of section 2951.02 of the
Revised Code or imposed by a court as a community control
sanction;
(b) Performance of an operation to which any one of the
following applies:
(i) The operation requires the administration of deep
sedation or general anesthesia.
(ii) The operation is a procedure that is not typically
performed in an office.
(iii) The individual involved is a health care professional,
and the operation is beyond the scope of practice or the
education, training, and competence, as applicable, of the health
care professional.
(c) Delivery of a baby or any other purposeful termination of
a human pregnancy.
(2) Division (F)(1) of this section does not apply when a
health care professional or health care worker provides medical,
dental, or other health-related diagnosis, care, or treatment that
is necessary to preserve the life of a person in a medical
emergency.
(G)(1) This section does not create a new cause of action or
substantive legal right against a health care professional, health
care worker, nonprofit health care referral organization, or
health care facility or location.
(2) This section does not affect any immunities from civil
liability or defenses established by another section of the
Revised Code or available at common law to which a health care
professional, health care worker, nonprofit health care referral
organization, or health care facility or location may be entitled
in connection with the provision of emergency or other medical,
dental, or other health-related diagnosis, care, or treatment.
(3) This section does not grant an immunity from tort or
other civil liability to a health care professional, health care
worker, nonprofit health care referral organization, or health
care facility or location for actions that are outside the scope
of authority of health care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a health care professional, health care worker, or nonprofit
health care referral organization to comply with any applicable
law of this state or rule of an agency of this state.
(5) This section does not affect any legal responsibility of
a health care facility or location to comply with any applicable
law of this state, rule of an agency of this state, or local code,
ordinance, or regulation that pertains to or regulates building,
housing, air pollution, water pollution, sanitation, health, fire,
zoning, or safety.
Sec. 2305.51. (A)(1) As used in this section:
(a) "Civil Rights" has the same meaning as in section
5122.301 of the Revised Code.
(b) "Mental health client or patient" means an individual who
is receiving mental health services from a mental health
professional or organization.
(c) "Mental health organization" means an organization that
engages one or more mental health professionals to provide mental
health services to one or more mental health clients or patients.
(d) "Mental health professional" means an individual who is
licensed, certified, or registered under the Revised Code, or
otherwise authorized in this state, to provide mental health
services for compensation, remuneration, or other personal gain.
(e) "Mental health service" means a service provided to an
individual or group of individuals involving the application of
medical, psychiatric, psychological, professional counseling,
social work,
marriage and family therapy, or nursing principles
or procedures to either of the following:
(i) The assessment, diagnosis, prevention, treatment, or
amelioration of mental, emotional, psychiatric, psychological, or
psychosocial disorders or diseases, as described in the most
recent edition of the diagnostic and statistical manual of mental
disorders published by the American psychiatric association;
(ii) The assessment or improvement of mental, emotional,
psychiatric, psychological, or psychosocial adjustment or
functioning, regardless of whether there is a diagnosable,
pre-existing disorder or disease.
(f) "Knowledgeable person" means an individual who has reason
to believe that a mental health client or patient has the intent
and ability to carry out an explicit threat of inflicting imminent
and serious physical harm to or causing the death of a clearly
identifiable potential victim or victims and who is either an
immediate family member of the client or patient or an individual
who otherwise personally knows the client or patient.
(2) For the purpose of this section, in the case of a threat
to a readily identifiable structure, "clearly identifiable
potential victim" includes any potential occupant of the
structure.
(B) A mental health professional or mental health
organization may be held liable in damages in a civil action, or
may be made subject to disciplinary action by an entity with
licensing or other regulatory authority over the professional or
organization, for serious physical harm or death resulting from
failing to predict, warn of, or take precautions to provide
protection from the violent behavior of a mental health client or
patient, only if the client or patient or a knowledgeable person
has communicated to the professional or organization an explicit
threat of inflicting imminent and serious physical harm to or
causing the death of one or more clearly identifiable potential
victims, the professional or organization has reason to believe
that the client or patient has the intent and ability to carry out
the threat, and the professional or organization fails to take one
or more of the following actions in a timely manner:
(1) Exercise any authority the professional or organization
possesses to hospitalize the client or patient on an emergency
basis pursuant to section 5122.10 of the Revised Code;
(2) Exercise any authority the professional or organization
possesses to have the client or patient involuntarily or
voluntarily hospitalized under Chapter 5122. of the Revised Code;
(3) Establish and undertake a documented treatment plan that
is reasonably calculated, according to appropriate standards of
professional practice, to eliminate the possibility that the
client or patient will carry out the threat, and, concurrent with
establishing and undertaking the treatment plan, initiate
arrangements for a second opinion risk assessment through a
management consultation about the treatment plan with, in the case
of a mental health organization, the clinical director of the
organization, or, in the case of a mental health professional who
is not acting as part of a mental health organization, any mental
health professional who is licensed to engage in independent
practice;
(4) Communicate to a law enforcement agency with jurisdiction
in the area where each potential victim resides, where a structure
threatened by a mental health client or patient is located, or
where the mental health client or patient resides, and if
feasible, communicate to each potential victim or a potential
victim's parent or guardian if the potential victim is a minor or
has been adjudicated incompetent, all of the following
information:
(a) The nature of the threat;
(b) The identity of the mental health client or patient
making the threat;
(c) The identity of each potential victim of the threat.
(C) All of the following apply when a mental health
professional or organization takes one or more of the actions set
forth in divisions (B)(1) to (4) of this section:
(1) The mental health professional or organization shall
consider each of the alternatives set forth and shall document the
reasons for choosing or rejecting each alternative.
(2) The mental health professional or organization may give
special consideration to those alternatives which, consistent with
public safety, would least abridge the rights of the mental health
client or patient established under the Revised Code, including
the rights specified in sections 5122.27 to 5122.31 of the Revised
Code.
(3) The mental health professional or organization is not
required to take an action that, in the exercise of reasonable
professional judgment, would physically endanger the professional
or organization, increase the danger to a potential victim, or
increase the danger to the mental health client or patient.
(4) The mental health professional or organization is not
liable in damages in a civil action, and shall not be made subject
to disciplinary action by any entity with licensing or other
regulatory authority over the professional or organization, for
disclosing any confidential information about a mental health
client or patient that is disclosed for the purpose of taking any
of the actions.
(D) The immunities from civil liability and disciplinary
action conferred by this section are in addition to and not in
limitation of any immunity conferred on a mental health
professional or organization by any other section of the Revised
Code or by judicial precedent.
(E) This section does not affect the civil rights of a mental
health client or patient under Ohio or federal law.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A)(1) An attorney, concerning a communication made to the
attorney by a client in that relation or concerning the attorney's
advice to a client, except that the attorney may testify by
express consent of the client or, if the client is deceased, by
the express consent of the surviving spouse or the executor or
administrator of the estate of the deceased client. However, if
the client voluntarily reveals the substance of attorney-client
communications in a nonprivileged context or is deemed by section
2151.421 of the Revised Code to have waived any testimonial
privilege under this division, the attorney may be compelled to
testify on the same subject.
The testimonial privilege established under this division
does not apply concerning a communication between a client who has
since died and the deceased client's attorney if the communication
is relevant to a dispute between parties who claim through that
deceased client, regardless of whether the claims are by testate
or intestate succession or by inter vivos transaction, and the
dispute addresses the competency of the deceased client when the
deceased client executed a document that is the basis of the
dispute or whether the deceased client was a victim of fraud,
undue influence, or duress when the deceased client executed a
document that is the basis of the dispute.
(2) An attorney, concerning a communication made to the
attorney by a client in that relationship or the attorney's advice
to a client, except that if the client is an insurance company,
the attorney may be compelled to testify, subject to an in camera
inspection by a court, about communications made by the client to
the attorney or by the attorney to the client that are related to
the attorney's aiding or furthering an ongoing or future
commission of bad faith by the client, if the party seeking
disclosure of the communications has made a prima-facie showing of
bad faith, fraud, or criminal misconduct by the client.
(B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the physician's or dentist's advice to a patient, except as
otherwise provided in this division, division (B)(2), and division
(B)(3) of this section, and except that, if the patient is deemed
by section 2151.421 of the Revised Code to have waived any
testimonial privilege under this division, the physician may be
compelled to testify on the same subject.
The testimonial privilege established under this division
does not apply, and a physician or dentist may testify or may be
compelled to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123. of
the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient or
the executor or administrator of the patient's estate gives
express consent;
(iii) If a medical claim, dental claim, chiropractic claim,
or optometric claim, as defined in section 2305.113 of the Revised
Code, an action for wrongful death, any other type of civil
action, or a claim under Chapter 4123. of the Revised Code is
filed by the patient, the personal representative of the estate of
the patient if deceased, or the patient's guardian or other legal
representative.
(b) In any civil action concerning court-ordered treatment or
services received by a patient, if the court-ordered treatment or
services were ordered as part of a case plan journalized under
section 2151.412 of the Revised Code or the court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under Chapter 2151. of the Revised Code.
(c) In any criminal action concerning any test or the results
of any test that determines the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
patient's whole blood, blood serum or plasma, breath, urine, or
other bodily substance at any time relevant to the criminal
offense in question.
(d) In any criminal action against a physician or dentist. In
such an action, the testimonial privilege established under this
division does not prohibit the admission into evidence, in
accordance with the Rules of Evidence, of a patient's medical or
dental records or other communications between a patient and the
physician or dentist that are related to the action and obtained
by subpoena, search warrant, or other lawful means. A court that
permits or compels a physician or dentist to testify in such an
action or permits the introduction into evidence of patient
records or other communications in such an action shall require
that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in
the records is maintained. Measures to ensure confidentiality that
may be taken by the court include sealing its records or deleting
specific information from its records.
(e)(i) If the communication was between a patient who has
since died and the deceased patient's physician or dentist, the
communication is relevant to a dispute between parties who claim
through that deceased patient, regardless of whether the claims
are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the
deceased patient when the deceased patient executed a document
that is the basis of the dispute or whether the deceased patient
was a victim of fraud, undue influence, or duress when the
deceased patient executed a document that is the basis of the
dispute.
(ii) If neither the spouse of a patient nor the executor or
administrator of that patient's estate gives consent under
division (B)(1)(a)(ii) of this section, testimony or the
disclosure of the patient's medical records by a physician,
dentist, or other health care provider under division (B)(1)(e)(i)
of this section is a permitted use or disclosure of protected
health information, as defined in 45 C.F.R. 160.103, and an
authorization or opportunity to be heard shall not be required.
(iii) Division (B)(1)(e)(i) of this section does not require
a mental health professional to disclose psychotherapy notes, as
defined in 45 C.F.R. 164.501.
(iv) An interested person who objects to testimony or
disclosure under division (B)(1)(e)(i) of this section may seek a
protective order pursuant to Civil Rule 26.
(v) A person to whom protected health information is
disclosed under division (B)(1)(e)(i) of this section shall not
use or disclose the protected health information for any purpose
other than the litigation or proceeding for which the information
was requested and shall return the protected health information to
the covered entity or destroy the protected health information,
including all copies made, at the conclusion of the litigation or
proceeding.
(2)(a) If any law enforcement officer submits a written
statement to a health care provider that states that an official
criminal investigation has begun regarding a specified person or
that a criminal action or proceeding has been commenced against a
specified person, that requests the provider to supply to the
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the
specified person to determine the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine at
any time relevant to the criminal offense in question, and that
conforms to section 2317.022 of the Revised Code, the provider,
except to the extent specifically prohibited by any law of this
state or of the United States, shall supply to the officer a copy
of any of the requested records the provider possesses. If the
health care provider does not possess any of the requested
records, the provider shall give the officer a written statement
that indicates that the provider does not possess any of the
requested records.
(b) If a health care provider possesses any records of the
type described in division (B)(2)(a) of this section regarding the
person in question at any time relevant to the criminal offense in
question, in lieu of personally testifying as to the results of
the test in question, the custodian of the records may submit a
certified copy of the records, and, upon its submission, the
certified copy is qualified as authentic evidence and may be
admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not
apply to any certified copy of records submitted in accordance
with this division. Nothing in this division shall be construed to
limit the right of any party to call as a witness the person who
administered the test to which the records pertain, the person
under whose supervision the test was administered, the custodian
of the records, the person who made the records, or the person
under whose supervision the records were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or dentist's advice to the patient in question, that
related causally or historically to physical or mental injuries
that are relevant to issues in the medical claim, dental claim,
chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.
(b) If the testimonial privilege described in division (B)(1)
of this section does not apply to a physician or dentist as
provided in division (B)(1)(c) of this section, the physician or
dentist, in lieu of personally testifying as to the results of the
test in question, may submit a certified copy of those results,
and, upon its submission, the certified copy is qualified as
authentic evidence and may be admitted as evidence in accordance
with the Rules of Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply to any certified copy of results
submitted in accordance with this division. Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision
the results were compiled.
(4) The testimonial privilege described in division (B)(1) of
this section is not waived when a communication is made by a
physician to a pharmacist or when there is communication between a
patient and a pharmacist in furtherance of the physician-patient
relation.
(5)(a) As used in divisions (B)(1) to (4) of this section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to diagnose,
treat, prescribe, or act for a patient. A "communication" may
include, but is not limited to, any medical or dental, office, or
hospital communication such as a record, chart, letter,
memorandum, laboratory test and results, x-ray, photograph,
financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health care
provider" means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.
(c) As used in division (B)(5)(b) of this section:
(i) "Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation
therapy center, emergency facility, and an urgent care center.
"Ambulatory health care facility" does not include the private
office of a physician or dentist, whether the office is for an
individual or group practice.
(ii) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii) "Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(iv) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(v) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; a residential
facility licensed under section 5119.22 of the Revised Code that
provides accommodations, supervision, and personal care services
for three to sixteen unrelated adults; a nursing facility or
intermediate care facility for the mentally retarded, as those
terms are defined in section 5111.20 of the Revised Code; a
facility or portion of a facility certified as a skilled nursing
facility under Title XVIII of the "Social Security Act," 49 Stat.
286 (1965), 42 U.S.C.A. 1395, as amended.
(vi) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(d) As used in divisions (B)(1) and (2) of this section,
"drug of abuse" has the same meaning as in section 4506.01 of the
Revised Code.
(6) Divisions (B)(1), (2), (3), (4), and (5) of this section
apply to doctors of medicine, doctors of osteopathic medicine,
doctors of podiatry, and dentists.
(7) Nothing in divisions (B)(1) to (6) of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 of the Revised Code
or the immunity from civil liability conferred by section 2305.33
of the Revised Code upon physicians who report an employee's use
of a drug of abuse, or a condition of an employee other than one
involving the use of a drug of abuse, to the employer of the
employee in accordance with division (B) of that section. As used
in division (B)(7) of this section, "employee," "employer," and
"physician" have the same meanings as in section 2305.33 of the
Revised Code.
(C)(1) A cleric, when the cleric remains accountable to the
authority of that cleric's church, denomination, or sect,
concerning a confession made, or any information confidentially
communicated, to the cleric for a religious counseling purpose in
the cleric's professional character. The cleric may testify by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust and except that, if the person voluntarily testifies or is
deemed by division (A)(4)(c) of section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the cleric may be compelled to testify on the same subject except
when disclosure of the information is in violation of a sacred
trust.
(2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited,
or licensed minister of an established and legally cognizable
church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to
which the cleric belongs, including, but not limited to, the
Catholic Church, if both of the following apply:
(i) The confession or confidential communication was made
directly to the cleric.
(ii) The confession or confidential communication was made in
the manner and context that places the cleric specifically and
strictly under a level of confidentiality that is considered
inviolate by canon law or church doctrine.
(D) Husband or wife, concerning any communication made by one
to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or act
done, in the known presence or hearing of a third person competent
to be a witness; and such rule is the same if the marital relation
has ceased to exist;
(E) A person who assigns a claim or interest, concerning any
matter in respect to which the person would not, if a party, be
permitted to testify;
(F) A person who, if a party, would be restricted under
section 2317.03 of the Revised Code, when the property or thing is
sold or transferred by an executor, administrator, guardian,
trustee, heir, devisee, or legatee, shall be restricted in the
same manner in any action or proceeding concerning the property or
thing.
(G)(1) A school guidance counselor who holds a valid educator
license from the state board of education as provided for in
section 3319.22 of the Revised Code, a person licensed under
Chapter 4757. of the Revised Code as a licensed professional
clinical counselor, licensed professional counselor, social
worker, independent social worker, marriage and family therapist
or independent marriage and family therapist, or registered under
Chapter 4757. of the Revised Code as a social work assistant
concerning a confidential communication received from a client in
that relation or the person's advice to a client unless any of the
following applies:
(a) The communication or advice indicates clear and present
danger to the client or other persons. For the purposes of this
division, cases in which there are indications of present or past
child abuse or neglect of the client constitute a clear and
present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may be compelled to testify on
the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client,
marriage and family therapist-client, or social worker-client
relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules after
an in-camera inspection that the testimony of the school guidance
counselor is relevant to that action.
(g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or services are necessary or
relevant to dependency, neglect, or abuse or temporary or
permanent custody proceedings under Chapter 2151. of the Revised
Code.
(2) Nothing in division (G)(1) of this section shall relieve
a school guidance counselor or a person licensed or registered
under Chapter 4757. of the Revised Code from the requirement to
report information concerning child abuse or neglect under section
2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse, child
neglect, or dependent child action or proceeding, that is brought
by or against either parent who takes part in mediation in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;
(I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of
the Revised Code or Title II of the "Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication
made through a telecommunications relay service. Nothing in this
section shall limit the obligation of a communications assistant
to divulge information or testify when mandated by federal law or
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or privilege
granted under federal law or regulation.
(J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the chiropractor's advice to a patient, except as
otherwise provided in this division. The testimonial privilege
established under this division does not apply, and a chiropractor
may testify or may be compelled to testify, in any civil action,
in accordance with the discovery provisions of the Rules of Civil
Procedure in connection with a civil action, or in connection with
a claim under Chapter 4123. of the Revised Code, under any of the
following circumstances:
(a) If the patient or the guardian or other legal
representative of the patient gives express consent.
(b) If the patient is deceased, the spouse of the patient or
the executor or administrator of the patient's estate gives
express consent.
(c) If a medical claim, dental claim, chiropractic claim, or
optometric claim, as defined in section 2305.113 of the Revised
Code, an action for wrongful death, any other type of civil
action, or a claim under Chapter 4123. of the Revised Code is
filed by the patient, the personal representative of the estate of
the patient if deceased, or the patient's guardian or other legal
representative.
(2) If the testimonial privilege described in division (J)(1)
of this section does not apply as provided in division (J)(1)(c)
of this section, a chiropractor may be compelled to testify or to
submit to discovery under the Rules of Civil Procedure only as to
a communication made to the chiropractor by the patient in
question in that relation, or the chiropractor's advice to the
patient in question, that related causally or historically to
physical or mental injuries that are relevant to issues in the
medical claim, dental claim, chiropractic claim, or optometric
claim, action for wrongful death, other civil action, or claim
under Chapter 4123. of the Revised Code.
(3) The testimonial privilege established under this division
does not apply, and a chiropractor may testify or be compelled to
testify, in any criminal action or administrative proceeding.
(4) As used in this division, "communication" means
acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary to
enable a chiropractor to diagnose, treat, or act for a patient. A
communication may include, but is not limited to, any
chiropractic, office, or hospital communication such as a record,
chart, letter, memorandum, laboratory test and results, x-ray,
photograph, financial statement, diagnosis, or prognosis.
(K)(1) Except as provided under division (K)(2) of this
section, a critical incident stress management team member
concerning a communication received from an individual who
receives crisis response services from the team member, or the
team member's advice to the individual, during a debriefing
session.
(2) The testimonial privilege established under division
(K)(1) of this section does not apply if any of the following are
true:
(a) The communication or advice indicates clear and present
danger to the individual who receives crisis response services or
to other persons. For purposes of this division, cases in which
there are indications of present or past child abuse or neglect of
the individual constitute a clear and present danger.
(b) The individual who received crisis response services
gives express consent to the testimony.
(c) If the individual who received crisis response services
is deceased, the surviving spouse or the executor or administrator
of the estate of the deceased individual gives express consent.
(d) The individual who received crisis response services
voluntarily testifies, in which case the team member may be
compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the individual who received crisis response
services is not germane to the relationship between the individual
and the team member.
(f) The communication or advice pertains or is related to any
criminal act.
(3) As used in division (K) of this section:
(a) "Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to
individuals affected by crisis or disaster.
(b) "Critical incident stress management team member" or
"team member" means an individual specially trained to provide
crisis response services as a member of an organized community or
local crisis response team that holds membership in the Ohio
critical incident stress management network.
(c) "Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.
(L)(1) Subject to division (L)(2) of this section and except
as provided in division (L)(3) of this section, an employee
assistance professional, concerning a communication made to the
employee assistance professional by a client in the employee
assistance professional's official capacity as an employee
assistance professional.
(2) Division (L)(1) of this section applies to an employee
assistance professional who meets either or both of the following
requirements:
(a) Is certified by the employee assistance certification
commission to engage in the employee assistance profession;
(b) Has education, training, and experience in all of the
following:
(i) Providing workplace-based services designed to address
employer and employee productivity issues;
(ii) Providing assistance to employees and employees'
dependents in identifying and finding the means to resolve
personal problems that affect the employees or the employees'
performance;
(iii) Identifying and resolving productivity problems
associated with an employee's concerns about any of the following
matters: health, marriage, family, finances, substance abuse or
other addiction, workplace, law, and emotional issues;
(iv) Selecting and evaluating available community resources;
(v) Making appropriate referrals;
(vi) Local and national employee assistance agreements;
(vii) Client confidentiality.
(3) Division (L)(1) of this section does not apply to any of
the following:
(a) A criminal action or proceeding involving an offense
under sections 2903.01 to 2903.06 of the Revised Code if the
employee assistance professional's disclosure or testimony relates
directly to the facts or immediate circumstances of the offense;
(b) A communication made by a client to an employee
assistance professional that reveals the contemplation or
commission of a crime or serious, harmful act;
(c) A communication that is made by a client who is an
unemancipated minor or an adult adjudicated to be incompetent and
indicates that the client was the victim of a crime or abuse;
(d) A civil proceeding to determine an individual's mental
competency or a criminal action in which a plea of not guilty by
reason of insanity is entered;
(e) A civil or criminal malpractice action brought against
the employee assistance professional;
(f) When the employee assistance professional has the express
consent of the client or, if the client is deceased or disabled,
the client's legal representative;
(g) When the testimonial privilege otherwise provided by
division (L)(1) of this section is abrogated under law.
Sec. 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, licensed professional clinical counselor,
or
licensed professional counselor, marriage and family
therapist, or independent marriage and family therapist who knows
or has reasonable cause to believe that a patient or client has
been the victim of domestic violence, as defined in section
3113.31 of the Revised Code, shall note that knowledge or belief
and the basis for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient privilege shall not be a ground for excluding any
information regarding the report containing the knowledge or
belief noted under division (F)(1) of this section, and the
information may be admitted as evidence in accordance with the
Rules of Evidence.
(G) Divisions (A) and (D) of this section do not require
disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the
relationship between attorney and client; doctor and patient;
licensed psychologist or licensed school psychologist and client;
licensed professional clinical counselor, licensed professional
counselor, independent social worker, social worker, independent
marriage and family therapist, or marriage and family therapist
and client; member of the clergy, rabbi, minister, or priest and
any person communicating information confidentially to the member
of the clergy, rabbi, minister, or priest for a religious
counseling purpose of a professional character; husband and wife;
or a communications assistant and those who are a party to a
telecommunications relay service call.
(2) The information would tend to incriminate a member of the
actor's immediate family.
(3) Disclosure of the information would amount to revealing a
news source, privileged under section 2739.04 or 2739.12 of the
Revised Code.
(4) Disclosure of the information would amount to disclosure
by a member of the ordained clergy of an organized religious body
of a confidential communication made to that member of the clergy
in that member's capacity as a member of the clergy by a person
seeking the aid or counsel of that member of the clergy.
(5) Disclosure would amount to revealing information acquired
by the actor in the course of the actor's duties in connection
with a bona fide program of treatment or services for drug
dependent persons or persons in danger of drug dependence, which
program is maintained or conducted by a hospital, clinic, person,
agency, or organization certified pursuant to section 3793.06 of
the Revised Code.
(6) Disclosure would amount to revealing information acquired
by the actor in the course of the actor's duties in connection
with a bona fide program for providing counseling services to
victims of crimes that are violations of section 2907.02 or
2907.05 of the Revised Code or to victims of felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code. As used in this division, "counseling services" include
services provided in an informal setting by a person who, by
education or experience, is competent to provide those services.
(H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence.
(I) Whoever violates division (A) or (B) of this section is
guilty of failure to report a crime. Violation of division (A)(1)
of this section is a misdemeanor of the fourth degree. Violation
of division (A)(2) or (B) of this section is a misdemeanor of the
second degree.
(J) Whoever violates division (C) or (D) of this section is
guilty of failure to report knowledge of a death, a misdemeanor of
the fourth degree.
(K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (E) of this section
is guilty of a misdemeanor of the second degree.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute," "hypodermic,"
"manufacturer," "official written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"
"schedule IV," "schedule V," and "wholesaler" have the same
meanings as in section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same
meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional
authorized to prescribe drugs," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III, with the
exception of controlled substance analogs, marihuana, cocaine,
L.S.D., heroin, and hashish and except as provided in division
(D)(2) or (5) of this section, whichever of the following is
applicable:
(a) An amount equal to or exceeding ten grams or twenty-five
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I opiate or opium
derivative;
(b) An amount equal to or exceeding ten grams of a compound,
mixture, preparation, or substance that is or contains any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or lysergic acid amide, or a schedule I
stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant that is in a final dosage
form manufactured by a person authorized by the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
amended, and the federal drug abuse control laws, as defined in
section 3719.01 of the Revised Code, that is or contains any
amount of a schedule II depressant substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III or IV substance other than an
anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage
units, sixteen grams, or sixteen milliliters of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that indicates that it is
the amount or unit by which the controlled substance is separately
administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or
tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas,
fumes, or vapor of which when inhaled can induce intoxication,
excitement, giddiness, irrational behavior, depression,
stupefaction, paralysis, unconsciousness, asphyxiation, or other
harmful physiological effects, and includes, but is not limited
to, any of the following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to
prescribe drugs, or a drug of abuse, and that, at one time, had
been placed in a container plainly marked as a sample by a
manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of references
that are approved by the state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label bears, a
trademark, trade name, or other identifying mark used without
authorization of the owner of rights to that trademark, trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented
to be a controlled substance manufactured, processed, packed, or
distributed by a person other than the person that manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q) "School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education prescribes minimum standards under section
3301.07 of the Revised Code, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body of a nonpublic school for which the
state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and on which some of the
instruction, extracurricular activities, or training of the school
is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the parcel of real property at the time a criminal offense is
committed.
(S) "School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the Government
of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of
one or more local bar associations of the state of Ohio that
complies with the criteria set forth in Rule V, section 6 of the
Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of this
section and that qualifies a person as a professionally licensed
person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has registered
as a public accountant under Chapter 4701. of the Revised Code and
who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under
Chapter 4703. of the Revised Code or who holds a permit as a
landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the business
of a debt pooling company by a legislative authority, under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license,
hair designer's license, manicurist's license, esthetician's
license, natural hair stylist's license, managing cosmetologist's
license, managing hair designer's license, managing manicurist's
license, managing esthetician's license, managing natural hair
stylist's license, cosmetology instructor's license, hair design
instructor's license, manicurist instructor's license, esthetics
instructor's license, natural hair style instructor's license,
independent contractor's license, or tanning facility permit under
Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or who has been registered for an embalmer's or funeral
director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry or
to engage in optical dispensing under Chapter 4725. of the Revised
Code;
(13) A person licensed to act as a pawnbroker under Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to practice
medicine and surgery, osteopathic medicine and surgery, a limited
branch of medicine, or podiatry under Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational therapist
or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a licensed professional
clinical counselor or licensed professional counselor, licensed as
a social worker or independent social worker, or registered as a
social work assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit
to practice respiratory therapy under Chapter 4761. of the Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer, or
derivative of ecgonine, or a salt of an isomer or derivative of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division (X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01
of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile"
if the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether
the offender knows the age of the juvenile, whether the offender
knows the offense is being committed within one hundred feet of or
within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in
division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with
the purposes and principles of sentencing under section 2929.11 of
the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and after July 1, 1996, that is a misdemeanor or a
felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(KK) "Deception" and "theft offense" have the same meanings
as in section 2913.01 of the Revised Code.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court has reason to believe that drug or
alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged or that, at the time of
committing that offense, the offender had a mental illness or was
a person with intellectual disability and that the mental illness
or status as a person with intellectual disability was a factor
leading to the offender's criminal behavior, the court may accept,
prior to the entry of a guilty plea, the offender's request for
intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to the criminal
offense with which the offender is charged. The request also shall
include a waiver of the defendant's right to a speedy trial, the
preliminary hearing, the time period within which the grand jury
may consider an indictment against the offender, and arraignment,
unless the hearing, indictment, or arraignment has already
occurred. The court may reject an offender's request without a
hearing. If the court elects to consider an offender's request,
the court shall conduct a hearing to determine whether the
offender is eligible under this section for intervention in lieu
of conviction and shall stay all criminal proceedings pending the
outcome of the hearing. If the court schedules a hearing, the
court shall order an assessment of the offender for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by a program certified pursuant to section 3793.06 of the
Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan. The program or the properly credentialed professional shall
provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of
section 2930.08 of the Revised Code apply in relation to any
hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of
conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not been
through intervention in lieu of conviction under this section or
any similar regimen, and is charged with a felony for which the
court, upon conviction, would impose a community control sanction
on the offender under division (B)(2) of section 2929.13 of the
Revised Code or with a misdemeanor.
(2) The offense is not a felony of the first, second, or
third degree, is not an offense of violence, is not a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code, is
not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section
4511.19 of the Revised Code or a municipal ordinance that is
substantially similar to that division, and is not an offense for
which a sentencing court is required to impose a mandatory prison
term, a mandatory term of local incarceration, or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of section
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged
with a violation of section 2925.03 of the Revised Code that is a
felony of the first, second, third, or fourth degree, and is not
charged with a violation of section 2925.11 of the Revised Code
that is a felony of the first, second, or third degree.
(4) If an offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court has ordered that the offender
be assessed by a program certified pursuant to section 3793.06 of
the Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan, the offender has been assessed by a program of that nature
or a properly credentialed professional in accordance with the
court's order, and the program or properly credentialed
professional has filed the written assessment of the offender with
the court.
(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to that offense, the
offender has been assessed by a psychiatrist, psychologist,
independent social worker, or licensed professional clinical
counselor for the purpose of determining the offender's
eligibility for intervention in lieu of conviction and
recommending an appropriate intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness,
or intellectual disability, whichever is applicable, was a factor
leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age or older, permanently and totally disabled, under
thirteen years of age, or a peace officer engaged in the officer's
official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the Revised Code, the alleged violation did not result
in physical harm to any person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section.
(10) The offender is not charged with an offense that would
result in the offender being disqualified under Chapter 4506. of
the Revised Code from operating a commercial motor vehicle or
would subject the offender to any other sanction under that
chapter.
(C) At the conclusion of a hearing held pursuant to division
(A) of this section, the court shall enter its determination as to
whether the offender is eligible for intervention in lieu of
conviction and as to whether to grant the offender's request. If
the court finds under division (B) of this section that the
offender is eligible for intervention in lieu of conviction and
grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. In addition, the court then may
stay all criminal proceedings and order the offender to comply
with all terms and conditions imposed by the court pursuant to
division (D) of this section. If the court finds that the offender
is not eligible or does not grant the offender's request, the
criminal proceedings against the offender shall proceed as if the
offender's request for intervention in lieu of conviction had not
been made.
(D) If the court grants an offender's request for
intervention in lieu of conviction, the court shall place the
offender under the general control and supervision of the county
probation department, the adult parole authority, or another
appropriate local probation or court services agency, if one
exists, as if the offender was subject to a community control
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the
Revised Code. The court shall establish an intervention plan for
the offender. The terms and conditions of the intervention plan
shall require the offender, for at least one year from the date on
which the court grants the order of intervention in lieu of
conviction, to abstain from the use of illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit to regular random testing for drug and alcohol use and may
include any other treatment terms and conditions, or terms and
conditions similar to community control sanctions, which may
include community service or restitution, that are ordered by the
court.
(E) If the court grants an offender's request for
intervention in lieu of conviction and the court finds that the
offender has successfully completed the intervention plan for the
offender, including the requirement that the offender abstain from
using illegal drugs and alcohol for a period of at least one year
from the date on which the court granted the order of intervention
in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the court, the court shall
dismiss the proceedings against the offender. Successful
completion of the intervention plan and period of abstinence under
this section shall be without adjudication of guilt and is not a
criminal conviction for purposes of any disqualification or
disability imposed by law and upon conviction of a crime, and the
court may order the sealing of records related to the offense in
question in the manner provided in sections 2953.31 to 2953.36 of
the Revised Code.
(F) If the court grants an offender's request for
intervention in lieu of conviction and the offender fails to
comply with any term or condition imposed as part of the
intervention plan for the offender, the supervising authority for
the offender promptly shall advise the court of this failure, and
the court shall hold a hearing to determine whether the offender
failed to comply with any term or condition imposed as part of the
plan. If the court determines that the offender has failed to
comply with any of those terms and conditions, it shall enter a
finding of guilty and shall impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(5) "Person with intellectual disability" means a person
having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
(H) Whenever the term "mentally retarded person" is used in
any statute, rule, contract, grant, or other document, the
reference shall be deemed to include a "person with intellectual
disability," as defined in this section.
Sec. 3107.014. (A) Except as provided in division (B) of
this section, only an individual who meets all of the following
requirements may perform the duties of an assessor under sections
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,
5103.0324, and 5103.152 of the Revised Code:
(1) The individual must be in the employ of, appointed by, or
under contract with a court, public children services agency,
private child placing agency, or private noncustodial agency;
(2) The individual must be one of the following:
(a) A licensed professional clinical counselor, licensed
professional counselor, independent social worker, social worker,
independent marriage and family therapist, or marriage and family
therapist licensed under Chapter 4757. of the Revised Code;
(b) A psychologist licensed under Chapter 4732. of the
Revised Code;
(c) A student working to earn a four-year, post-secondary
degree, or higher, in a social or behavior science, or both, who
conducts assessor's duties under the supervision of a licensed
professional
clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family therapist licensed under
Chapter 4757. of the Revised Code or a psychologist licensed under
Chapter 4732. of the Revised Code. Beginning July 1, 2009, a
student is eligible under this division only if the supervising
licensed professional clinical counselor, licensed professional
counselor, independent social worker, social worker, independent
marriage and family therapist, marriage and family therapist, or
psychologist has completed training in accordance with rules
adopted under section 3107.015 of the Revised Code.
(d) A civil service employee engaging in social work without
a license under Chapter 4757. of the Revised Code, as permitted by
division (A)(5) of section 4757.41 of the Revised Code;
(e) A former employee of a public children services agency
who, while so employed, conducted the duties of an assessor;
(f) An employee of a court or public children services agency
who is employed to conduct the duties of an assessor.
(3) The individual must complete training in accordance with
rules adopted under section 3107.015 of the Revised Code.
(B) An individual in the employ of, appointed by, or under
contract with a court prior to September 18, 1996, to conduct
adoption investigations of prospective adoptive parents may
perform the duties of an assessor under sections 3107.031,
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and
5103.152 of the Revised Code if the individual complies with
division (A)(3) of this section regardless of whether the
individual meets the requirement of division (A)(2) of this
section.
(C) A court, public children services agency, private child
placing agency, or private noncustodial agency may employ,
appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or location
outside this state where information needed to complete or
supplement the assessor's duties may be obtained. More than one
assessor may be utilized for an adoption.
(D) Not later than January 1, 2008, the department of job and
family services shall develop and maintain an assessor registry.
The registry shall list all individuals who are employed,
appointed by, or under contract with a court, public children
services agency, private child placing agency, or private
noncustodial agency and meet the requirements of an assessor as
described in this section. A public children services agency,
private child placing agency, private noncustodial agency, court,
or any other person may contact the department to determine if an
individual is listed in the assessor registry. An individual
listed in the assessor registry shall immediately inform the
department when that individual is no longer employed, appointed
by, or under contract with a court, public children services
agency, private child placing agency, or private noncustodial
agency to perform the duties of an assessor as described in this
section. The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code necessary for
the implementation, contents, and maintenance of the registry, and
any sanctions related to the provision of information, or the
failure to provide information, that is needed for the proper
operation of the assessor registry.
Sec. 3701.046. The director of health is authorized to make
grants for women's health services from funds appropriated for
that purpose by the general assembly.
None of the funds received through grants for women's health
services shall be used to provide abortion services. None of the
funds received through these grants shall be used for counseling
for or referrals for abortion, except in the case of a medical
emergency. These funds shall be distributed by the director to
programs that the department of health determines will provide
services that are physically and financially separate from
abortion-providing and abortion-promoting activities, and that do
not include counseling for or referrals for abortion, other than
in the case of medical emergency.
These women's health services include and are limited to the
following: pelvic examinations and laboratory testing; breast
examinations and patient education on breast cancer; screening for
cervical cancer; screening and treatment for sexually transmitted
diseases and HIV screening; voluntary choice of contraception,
including abstinence and natural family planning; patient
education and pre-pregnancy counseling on the dangers of smoking,
alcohol, and drug use during pregnancy; education on sexual
coercion and violence in relationships; and prenatal care or
referral for prenatal care. These health care services shall be
provided in a medical clinic setting by persons authorized under
Chapter. 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery; authorized under
Chapter 4730. of the Revised Code to practice as a physician
assistant; licensed under Chapter 4723. of the Revised Code as a
registered nurse or licensed practical nurse; or licensed under
Chapter 4757. of the Revised Code as a social worker, independent
social worker, licensed professional clinical counselor, or
licensed professional counselor.
The director shall adopt rules under Chapter 119. of the
Revised Code specifying reasonable eligibility standards that must
be met to receive the state funding and provide reasonable methods
by which a grantee wishing to be eligible for federal funding may
comply with these requirements for state funding without losing
its eligibility for federal funding.
Each applicant for these funds shall provide sufficient
assurance to the director of all of the following:
(A) The program shall not discriminate in the provision of
services based on an individual's religion, race, national origin,
handicapping condition, age, sex, number of pregnancies, or
marital status;
(B) The program shall provide services without subjecting
individuals to any coercion to accept services or to employ any
particular methods of family planning;
(C) Acceptance of services shall be solely on a voluntary
basis and may not be made a prerequisite to eligibility for, or
receipt of, any other service, assistance from, or participation
in, any other program of the service provider;
(D) Any charges for services provided by the program shall be
based on the patient's ability to pay and priority in the
provision of services shall be given to persons from low-income
families.
In distributing these grant funds, the director shall give
priority to grant requests from local departments of health for
women's health services to be provided directly by personnel of
the local department of health. The director shall issue a single
request for proposals for all grants for women's health services.
The director shall send a notification of this request for
proposals to every local department of health in this state and
shall place a notification on the department's web site. The
director shall allow at least thirty days after issuing this
notification before closing the period to receive applications.
After the closing date for receiving grant applications, the
director shall first consider grant applications from local
departments of health that apply for grants for women's health
services to be provided directly by personnel of the local
department of health. Local departments of health that apply for
grants for women's health services to be provided directly by
personnel of the local department of health need not provide all
the listed women's health services in order to qualify for a
grant. However, in prioritizing awards among local departments of
health that qualify for funding under this paragraph, the director
may consider, among other reasonable factors, the
comprehensiveness of the women's health services to be offered,
provided that no local department of health shall be discriminated
against in the process of awarding these grant funds because the
applicant does not provide contraception.
If funds remain after awarding grants to all local
departments of health that qualify for the priority, the director
may make grants to other applicants. Awards to other applicants
may be made to those applicants that will offer all eight of the
listed women's health services or that will offer all of the
services except contraception. No applicant shall be discriminated
against in the process of awarding these grant funds because the
applicant does not provide contraception.
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 licensed professional clinical counselor, licensed
professional counselor, social worker, or independent social
worker, independent marriage and family therapist, or marriage and
family therapist licensed, or a social work assistant registered,
under Chapter 4757. of the Revised Code;
(p) A dietitian licensed under Chapter 4759. of the Revised
Code;
(q) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code.
(5) "Health care provider" means a hospital, ambulatory care
facility, long-term care facility, pharmacy, emergency facility,
or health care practitioner.
(6) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(7) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; a residential
facility licensed under section 5119.22 of the Revised Code that
provides accommodations, supervision, and personal care services
for three to sixteen unrelated adults; a nursing facility or
intermediate care facility for the mentally retarded, as those
terms are defined in section 5111.20 of the Revised Code; a
facility or portion of a facility certified as a skilled nursing
facility under Title XVIII of the "Social Security Act," 49 Stat.
286 (1965), 42 U.S.C.A. 1395, as amended.
(8) "Medical record" means data in any form that pertains to
a patient's medical history, diagnosis, prognosis, or medical
condition and that is generated and maintained by a health care
provider in the process of the patient's health care treatment.
(9) "Medical records company" means a person who stores,
locates, or copies medical records for a health care provider, or
is compensated for doing so by a health care provider, and charges
a fee for providing medical records to a patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health care treatment from a
health care provider;
(b) A guardian, as defined in section 1337.11 of the Revised
Code, of an individual described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor
patient's parent or other person acting in loco parentis, a
court-appointed guardian, or a person with durable power of
attorney for health care for a patient, the executor or
administrator of the patient's estate, or the person responsible
for the patient's estate if it is not to be probated. "Patient's
personal representative" does not include an insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state, a health insuring
corporation holding a certificate of authority under Chapter 1751.
of the Revised Code, or any other person not named in this
division.
(12) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(14) "Authorized person" means a person to whom a patient has
given written authorization to act on the patient's behalf
regarding the patient's medical record.
(B) A patient, a patient's personal representative or an
authorized person who wishes to examine or obtain a copy of part
or all of a medical record shall submit to the health care
provider a written request signed by the patient, personal
representative, or authorized person dated not more than one year
before the date on which it is submitted. The request shall
indicate whether the copy is to be sent to the requestor,
physician or chiropractor, or held for the requestor at the office
of the health care provider. Within a reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, a health care provider that has the patient's medical
records shall permit the patient to examine the record during
regular business hours without charge or, on request, shall
provide a copy of the record in accordance with section 3701.741
of the Revised Code, except that if a physician, psychologist,
licensed professional clinical counselor, licensed professional
counselor, independent social worker, social worker, independent
marriage and family therapist, marriage and family therapist, or
chiropractor who has treated the patient determines for clearly
stated treatment reasons that disclosure of the requested record
is likely to have an adverse effect on the patient, the health
care provider shall provide the record to a physician,
psychologist, licensed professional clinical counselor, licensed
professional counselor, independent social worker, social worker,
independent marriage and family therapist, marriage and family
therapist, or chiropractor designated by the patient. The health
care provider shall take reasonable steps to establish the
identity of the person making the request to examine or obtain a
copy of the patient's record.
(C) If a health care provider fails to furnish a medical
record as required by division (B) of this section, the patient,
personal representative, or authorized person who requested the
record may bring a civil action to enforce the patient's right of
access to the record.
(D)(1) This section does not apply to medical records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.
part 2, "Confidentiality of Alcohol and Drug Abuse Patient
Records," or by 42 C.F.R. 483.10.
(2) Nothing in this section is intended to supersede the
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,
and 2305.252 of the Revised Code.
Sec. 3709.161. (A) The board of health of a city or general
health district may procure a policy or policies of insurance
insuring the members of the board, the health commissioner, and
the employees of the board against liability on account of damage
or injury to persons and property resulting from any act or
omission that occurs in the individual's official capacity as a
member or employee of the board or resulting solely out of such
membership or employment.
(B)(1) As used in this division, "health care professional"
means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered nurse or licensed practical nurse licensed
under Chapter 4723. of the Revised Code;
(c) A person licensed under Chapter 4729. of the Revised Code
to practice as a pharmacist;
(d) A person authorized under Chapter 4730. of the Revised
Code to practice as a physician assistant;
(e) A person authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(f) A psychologist licensed under Chapter 4732. of the
Revised Code;
(g) A veterinarian licensed under Chapter 4741. of the
Revised Code;
(h) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(i) An occupational therapist, physical therapist, physical
therapist assistant, or athletic trainer licensed under Chapter
4755. of the Revised Code;
(j) A licensed professional clinical counselor, licensed
professional counselor, independent social worker, or social
worker licensed under Chapter 4757. of the Revised Code;
(k) A dietician dietitian licensed under Chapter 4759. of the
Revised Code.
(2) The board of health of a city or general health district
may purchase liability insurance for a health care professional
with whom the board contracts for the provision of health care
services against liability on account of damage or injury to
persons and property arising from the health care professional's
performance of services under the contract. The policy shall be
purchased from an insurance company licensed to do business in
this state, if such a policy is available from such a company. The
board of health of a city or general health district shall report
the cost of the liability insurance policy and subsequent
increases in the cost to the director of health on a form
prescribed by the director.
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;
(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 director of health shall
adopt in accordance with Chapter 119. of the Revised Code.
(J) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code.
(K)(1) Except as provided in division (K)(2) of this section,
"nurse aide" means an individual who provides nursing and
nursing-related services to residents in a long-term care
facility, either as a member of the staff of the facility for
monetary compensation or as a volunteer without monetary
compensation.
(2) "Nurse aide" does not include either of the following:
(a) A licensed health professional practicing within the
scope of the professional's license;
(b) An individual providing nursing and nursing-related
services in a religious nonmedical health care institution, if the
individual has been trained in the principles of nonmedical care
and is recognized by the institution as being competent in the
administration of care within the religious tenets practiced by
the residents of the institution.
(L) "Licensed health professional" means all of the
following:
(1) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(2) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(3) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(4) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(5) A registered nurse or licensed practical nurse licensed
under Chapter 4723. of the Revised Code;
(6) A social worker or independent social worker licensed
under Chapter 4757. of the Revised Code or a social work assistant
registered under that chapter;
(7) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(8) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(9) An optometrist licensed under Chapter 4725. of the
Revised Code;
(10) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(11) A psychologist licensed under Chapter 4732. of the
Revised Code;
(12) A chiropractor licensed under Chapter 4734. of the
Revised Code;
(13) A nursing home administrator licensed or temporarily
licensed under Chapter 4751. of the Revised Code;
(14) A licensed professional counselor or licensed
professional clinical counselor licensed under Chapter 4757. of
the Revised Code;
(15) A marriage and family therapist or independent marriage
and family therapist licensed under Chapter 4757. of the Revised
Code.
(M) "Religious nonmedical health care institution" means an
institution that meets or exceeds the conditions to receive
payment under the medicare program established under Title XVIII
of the "Social Security Act" for inpatient hospital services or
post-hospital extended care services furnished to an individual in
a religious nonmedical health care institution, as defined in
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286
(1965), 42 U.S.C. 1395x(ss)(1), as amended.
(N) "Competency evaluation program" means a program through
which the competency of a nurse aide to provide nursing and
nursing-related services is evaluated.
(O) "Training and competency evaluation program" means a
program of nurse aide training and evaluation of competency to
provide nursing and nursing-related services.
Sec. 3793.02. (A) The department of alcohol and drug
addiction services shall promote, assist in developing, and
coordinate or conduct programs of education and research for the
prevention of alcohol and drug addiction, the prevention of
gambling addiction, the treatment, including intervention, of
alcoholics and persons who abuse drugs of abuse, including
anabolic steroids, and the treatment, including intervention, of
persons with gambling addictions. Programs established by the
department shall include abstinence-based prevention and treatment
programs.
(B) In addition to the other duties prescribed by this
chapter, the department shall do all of the following:
(1) Promote and coordinate efforts in the provision of
alcohol and drug addiction services and of gambling addiction
services by other state agencies, as defined in section 1.60 of
the Revised Code; courts; hospitals; clinics; physicians in
private practice; public health authorities; boards of alcohol,
drug addiction, and mental health services; alcohol and drug
addiction programs; law enforcement agencies; gambling addiction
programs; and related groups;
(2) Provide for education and training in prevention,
diagnosis, treatment, and control of alcohol and drug addiction
and of gambling addiction for medical students, physicians,
nurses, social workers, licensed professional counselors,
psychologists, and other persons who provide alcohol and drug
addiction services or gambling addiction services;
(3) Provide training and consultation for persons who
supervise alcohol and drug addiction programs and facilities or
gambling addiction programs and facilities;
(4) Develop measures for evaluating the effectiveness of
alcohol and drug addiction services, including services that use
methadone treatment, and of gambling addiction services, and for
increasing the accountability of alcohol and drug addiction
programs and of gambling addiction programs;
(5) Provide to each court of record, and biennially update, a
list of the treatment and education programs within that court's
jurisdiction that the court may require an offender, sentenced
pursuant to section 4511.19 of the Revised Code, to attend;
(6) Make the warning sign described in sections 3313.752,
3345.41, and 3707.50 of the Revised Code available on the
department's internet web site;
(7) Provide a program of gambling addiction services on
behalf of the state lottery commission, pursuant to an agreement
entered into with the director of the commission under division
(K) of section 3770.02 of the Revised Code, and provide a program
of gambling and addiction services on behalf of the Ohio casino
control commission, under an agreement entered into with the
executive director of the commission under section 3772.062 of the
Revised Code. Under Section 6(C)(3) of Article XV, Ohio
Constitution, the department may enter into agreements with local
alcohol, drug addiction, and mental health service districts that
are authorized and operating in this state, including with such
districts of counties in which a casino facility is not located,
and nonprofit organizations to provide gambling and addiction
services and substance abuse services, and with state institutions
of higher education or private nonprofit institutions that possess
a certificate of authorization issued under Chapter 1713. of the
Revised Code to perform related research.
(C) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(D) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services and in connection with gambling addiction
services. The department may adopt other rules as necessary to
implement the requirements of this chapter.
Sec. 3923.28. (A) Every policy of group sickness and
accident insurance providing hospital, surgical, or medical
expense coverage for other than specific diseases or accidents
only, and delivered, issued for delivery, or renewed in this state
on or after January 1, 1979, and that provides coverage for mental
or emotional disorders, shall provide benefits for services on an
outpatient basis for each eligible person under the policy who
resides in this state for mental or emotional disorders, or for
evaluations, that are at least equal to five hundred fifty dollars
in any calendar year or twelve-month period. The services shall be
legally performed by or under the clinical supervision of a
physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
a psychologist licensed under Chapter 4732. of the Revised Code; a
licensed professional clinical counselor, licensed professional
counselor, or independent social worker licensed under Chapter
4757. of the Revised Code; or a clinical nurse specialist licensed
under Chapter 4723. of the Revised Code whose nursing specialty is
mental health, whether performed in an office, in a hospital, or
in a community mental health facility so long as the hospital or
community mental health facility is approved by the joint
commission on accreditation of healthcare organizations, the
council on accreditation for children and family services, or the
rehabilitation accreditation commission.
(B) Outpatient benefits offered under division (A) of this
section shall be subject to reasonable contract limitations and
may be subject to reasonable deductibles and co-insurance costs.
Persons entitled to such benefit under more than one service or
insurance contract may be limited to a single
five-hundred-fifty-dollar outpatient benefit for services under
all contracts.
(C) In order to qualify for participation under division (A)
of this section, every facility specified in such division shall
have in effect a plan for utilization review and a plan for peer
review and every person specified in such division shall have in
effect a plan for peer review. Such plans shall have the purpose
of ensuring high quality patient care and effective and efficient
utilization of available health facilities and services.
(D) Nothing in this section shall be construed to require an
insurer to pay benefits which are greater than usual, customary,
and reasonable.
(E)(1) Services performed under the clinical supervision of a
health care professional identified in division (A) of this
section, in order to be reimbursable under the coverage required
in division (A) of this section, shall meet both of the following
requirements:
(a) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(b) The plan shall be reviewed and approved by the health
care professional every three months.
(2) Payment of benefits for services reimbursable under
division (E)(1) of this section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of clinical supervision that are more restrictive than
standards of a health care professional described in division (A)
of this section, which at least equal the requirements of division
(E)(1) of this section.
(F) The benefits provided by this section for mental and
emotional disorders shall not be reduced by the cost of benefits
provided pursuant to section 3923.281 of the Revised Code for
diagnostic and treatment services for biologically based mental
illnesses. This section does not apply to benefits for diagnostic
and treatment services for biologically based mental illnesses.
Sec. 3923.281. (A) As used in this section:
(1) "Biologically based mental illness" means schizophrenia,
schizoaffective disorder, major depressive disorder, bipolar
disorder, paranoia and other psychotic disorders,
obsessive-compulsive disorder, and panic disorder, as these terms
are defined in the most recent edition of the diagnostic and
statistical manual of mental disorders published by the American
psychiatric association.
(2) "Policy of sickness and accident insurance" has the same
meaning as in section 3923.01 of the Revised Code, but excludes
any hospital indemnity, medicare supplement, long-term care,
disability income, one-time-limited-duration policy of not longer
than six months, supplemental benefit, or other policy that
provides coverage for specific diseases or accidents only; any
policy that provides coverage for workers' compensation claims
compensable pursuant to Chapters 4121. and 4123. of the Revised
Code; and any policy that provides coverage to beneficiaries
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, known as the medical
assistance program or medicaid, as provided by the Ohio department
of job and family services under Chapter 5111. of the Revised
Code.
(B) Notwithstanding section 3901.71 of the Revised Code, and
subject to division (E) of this section, every policy of sickness
and accident insurance shall provide benefits for the diagnosis
and treatment of biologically based mental illnesses on the same
terms and conditions as, and shall provide benefits no less
extensive than, those provided under the policy of sickness and
accident insurance for the treatment and diagnosis of all other
physical diseases and disorders, if both of the following apply:
(1) The biologically based mental illness is clinically
diagnosed by a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery; a psychologist licensed under Chapter 4732.
of the Revised Code; a licensed professional clinical counselor,
licensed professional counselor, or independent social worker
licensed under Chapter 4757. of the Revised Code; or a clinical
nurse specialist licensed under Chapter 4723. of the Revised Code
whose nursing specialty is mental health.
(2) The prescribed treatment is not experimental or
investigational, having proven its clinical effectiveness in
accordance with generally accepted medical standards.
(C) Division (B) of this section applies to all coverages and
terms and conditions of the policy of sickness and accident
insurance, including, but not limited to, coverage of inpatient
hospital services, outpatient services, and medication; maximum
lifetime benefits; copayments; and individual and family
deductibles.
(D) Nothing in this section shall be construed as prohibiting
a sickness and accident insurance company from taking any of the
following actions:
(1) Negotiating separately with mental health care providers
with regard to reimbursement rates and the delivery of health care
services;
(2) Offering policies that provide benefits solely for the
diagnosis and treatment of biologically based mental illnesses;
(3) Managing the provision of benefits for the diagnosis or
treatment of biologically based mental illnesses through the use
of pre-admission screening, by requiring beneficiaries to obtain
authorization prior to treatment, or through the use of any other
mechanism designed to limit coverage to that treatment determined
to be necessary;
(4) Enforcing the terms and conditions of a policy of
sickness and accident insurance.
(E) An insurer that offers any policy of sickness and
accident insurance is not required to provide benefits for the
diagnosis and treatment of biologically based mental illnesses
pursuant to division (B) of this section if all of the following
apply:
(1) The insurer submits documentation certified by an
independent member of the American academy of actuaries to the
superintendent of insurance showing that incurred claims for
diagnostic and treatment services for biologically based mental
illnesses for a period of at least six months independently caused
the insurer's costs for claims and administrative expenses for the
coverage of all other physical diseases and disorders to increase
by more than one per cent per year.
(2) The insurer submits a signed letter from an independent
member of the American academy of actuaries to the superintendent
of insurance opining that the increase described in division
(E)(1) of this section could reasonably justify an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
(3) The superintendent of insurance makes the following
determinations from the documentation and opinion submitted
pursuant to divisions (E)(1) and (2) of this section:
(a) Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the insurer's costs for claims and
administrative expenses for the coverage of all other physical
diseases and disorders to increase by more than one per cent per
year.
(b) The increase in costs reasonably justifies an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
Sec. 3923.282. (A) As used in this section:
(1) "Biologically based mental illness" means schizophrenia,
schizoaffective disorder, major depressive disorder, bipolar
disorder, paranoia and other psychotic disorders,
obsessive-compulsive disorder, and panic disorder, as these terms
are defined in the most recent edition of the diagnostic and
statistical manual of mental disorders published by the American
psychiatric association.
(2) "Plan of health coverage" includes any private or public
employer group self-insurance plan that provides payment for
health care benefits for other than specific diseases or accidents
only, which benefits are not provided by contract with a sickness
and accident insurer or health insuring corporation.
(B) Notwithstanding section 3901.71 of the Revised Code, and
subject to division (F) of this section, each plan of health
coverage shall provide benefits for the diagnosis and treatment of
biologically based mental illnesses on the same terms and
conditions as, and shall provide benefits no less extensive than,
those provided under the plan of health coverage for the treatment
and diagnosis of all other physical diseases and disorders, if
both of the following apply:
(1) The biologically based mental illness is clinically
diagnosed by a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery; a psychologist licensed under Chapter 4732.
of the Revised Code; a
licensed professional clinical counselor,
licensed professional counselor, or independent social worker
licensed under Chapter 4757. of the Revised Code; or a clinical
nurse specialist licensed under Chapter 4723. of the Revised Code
whose nursing specialty is mental health.
(2) The prescribed treatment is not experimental or
investigational, having proven its clinical effectiveness in
accordance with generally accepted medical standards.
(C) Division (B) of this section applies to all coverages and
terms and conditions of the plan of health coverage, including,
but not limited to, coverage of inpatient hospital services,
outpatient services, and medication; maximum lifetime benefits;
copayments; and individual and family deductibles.
(D) This section does not apply to a plan of health coverage
if federal law supersedes, preempts, prohibits, or otherwise
precludes its application to such plans. This section does not
apply to long-term care, hospital indemnity, disability income, or
medicare supplement plans of health coverage, or to any other
supplemental benefit plans of health coverage.
(E) Nothing in this section shall be construed as prohibiting
an employer from taking any of the following actions in connection
with a plan of health coverage:
(1) Negotiating separately with mental health care providers
with regard to reimbursement rates and the delivery of health care
services;
(2) Managing the provision of benefits for the diagnosis or
treatment of biologically based mental illnesses through the use
of pre-admission screening, by requiring beneficiaries to obtain
authorization prior to treatment, or through the use of any other
mechanism designed to limit coverage to that treatment determined
to be necessary;
(3) Enforcing the terms and conditions of a plan of health
coverage.
(F) An employer that offers a plan of health coverage is not
required to provide benefits for the diagnosis and treatment of
biologically based mental illnesses in combination with benefits
for the treatment and diagnosis of all other physical diseases and
disorders as described in division (B) of this section if both of
the following apply:
(1) The employer submits documentation certified by an
independent member of the American academy of actuaries to the
superintendent of insurance showing that incurred claims for
diagnostic and treatment services for biologically based mental
illnesses for a period of at least six months independently caused
the employer's costs for claims and administrative expenses for
the coverage of all other physical diseases and disorders to
increase by more than one per cent per year.
(2) The superintendent of insurance determines from the
documentation and opinion submitted pursuant to division (F) of
this section, that incurred claims for diagnostic and treatment
services for biologically based mental illnesses for a period of
at least six months independently caused the employer's costs for
claims and administrative expenses for the coverage of all other
physical diseases and disorders to increase by more than one per
cent per year.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
Sec. 3923.30. Every person, the state and any of its
instrumentalities, any county, township, school district, or other
political subdivisions and any of its instrumentalities, and any
municipal corporation and any of its instrumentalities, which
provides payment for health care benefits for any of its employees
resident in this state, which benefits are not provided by
contract with an insurer qualified to provide sickness and
accident insurance, or a health insuring corporation, shall
include the following benefits in its plan of health care benefits
commencing on or after January 1, 1979:
(A) If such plan of health care benefits provides payment for
the treatment of mental or nervous disorders, then such plan shall
provide benefits for services on an outpatient basis for each
eligible employee and dependent for mental or emotional disorders,
or for evaluations, that are at least equal to the following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period, for services legally performed by or under
the clinical supervision of a physician authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery; a psychologist licensed under
Chapter 4732. of the Revised Code; a licensed professional
clinical counselor, licensed professional counselor, or
independent social worker licensed under Chapter 4757. of the
Revised Code; or a clinical nurse specialist licensed under
Chapter 4723. of the Revised Code whose nursing specialty is
mental health, whether performed in an office, in a hospital, or
in a community mental health facility so long as the hospital or
community mental health facility is approved by the joint
commission on accreditation of healthcare organizations, the
council on accreditation for children and family services, or the
rehabilitation accreditation commission;
(2) Such benefit shall be subject to reasonable limitations,
and may be subject to reasonable deductibles and co-insurance
costs.
(3) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and effective and efficient
utilization of available health facilities and services.
(4) Such payment for benefits shall not be greater than
usual, customary, and reasonable.
(5)(a) Services performed by or under the clinical
supervision of a health care professional identified in division
(A)(1) of this section, in order to be reimbursable under the
coverage required in division (A) of this section, shall meet both
of the following requirements:
(i) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(ii) The plan shall be reviewed and approved by the health
care professional every three months.
(b) Payment of benefits for services reimbursable under
division (A)(5)(a) of the section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of a licensed physician or licensed psychologist, which
at least equal the requirements of division (A)(5)(a) of this
section.
(B) Payment for benefits for alcoholism treatment for
outpatient, inpatient, and intermediate primary care for each
eligible employee and dependent that are at least equal to the
following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period for services legally performed by or under the
clinical supervision of a health care professional identified in
division (A)(1) of this section, whether performed in an office,
or in a hospital or a community mental health facility or
alcoholism treatment facility so long as the hospital, community
mental health facility, or alcoholism treatment facility is
approved by the joint commission on accreditation of hospitals or
certified by the department of health;
(2) The benefits provided under this division shall be
subject to reasonable limitations and may be subject to reasonable
deductibles and co-insurance costs.
(3) A health care professional shall every three months
certify a patient's need for continued services performed by such
facilities.
(4) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and efficient utilization of
available health facilities and services. Such person or
facilities shall also have in effect a program of rehabilitation
or a program of rehabilitation and detoxification.
(5) Nothing in this section shall be construed to require
reimbursement for benefits which is greater than usual, customary,
and reasonable.
(C) The benefits provided by division (A) of this section for
mental and emotional disorders shall not be reduced by the cost of
benefits provided pursuant to section 3923.282 of the Revised Code
for diagnostic and treatment services for biologically based
mental illness. This section does not apply to benefits for
diagnostic and treatment services for biologically based mental
illnesses.
Sec. 3963.01. As used in this chapter:
(A) "Affiliate" means any person or entity that has ownership
or control of a contracting entity, is owned or controlled by a
contracting entity, or is under common ownership or control with a
contracting entity.
(B) "Basic health care services" has the same meaning as in
division (A) of section 1751.01 of the Revised Code, except that
it does not include any services listed in that division that are
provided by a pharmacist or nursing home.
(C) "Contracting entity" means any person that has a primary
business purpose of contracting with participating providers for
the delivery of health care services.
(D) "Credentialing" means the process of assessing and
validating the qualifications of a provider applying to be
approved by a contracting entity to provide basic health care
services, specialty health care services, or supplemental health
care services to enrollees.
(E) "Edit" means adjusting one or more procedure codes billed
by a participating provider on a claim for payment or a practice
that results in any of the following:
(1) Payment for some, but not all of the procedure codes
originally billed by a participating provider;
(2) Payment for a different procedure code than the procedure
code originally billed by a participating provider;
(3) A reduced payment as a result of services provided to an
enrollee that are claimed under more than one procedure code on
the same service date.
(F) "Electronic claims transport" means to accept and
digitize claims or to accept claims already digitized, to place
those claims into a format that complies with the electronic
transaction standards issued by the United States department of
health and human services pursuant to the "Health Insurance
Portability and Accountability Act of 1996," 110 Stat. 1955, 42
U.S.C. 1320d, et seq., as those electronic standards are
applicable to the parties and as those electronic standards are
updated from time to time, and to electronically transmit those
claims to the appropriate contracting entity, payer, or
third-party administrator.
(G) "Enrollee" means any person eligible for health care
benefits under a health benefit plan, including an eligible
recipient of medicaid under Chapter 5111. of the Revised Code, and
includes all of the following terms:
(1) "Enrollee" and "subscriber" as defined by section 1751.01
of the Revised Code;
(2) "Member" as defined by section 1739.01 of the Revised
Code;
(3) "Insured" and "plan member" pursuant to Chapter 3923. of
the Revised Code;
(4) "Beneficiary" as defined by section 3901.38 of the
Revised Code.
(H) "Health care contract" means a contract entered into,
materially amended, or renewed between a contracting entity and a
participating provider for the delivery of basic health care
services, specialty health care services, or supplemental health
care services to enrollees.
(I) "Health care services" means basic health care services,
specialty health care services, and supplemental health care
services.
(J) "Material amendment" means an amendment to a health care
contract that decreases the participating provider's payment or
compensation, changes the administrative procedures in a way that
may reasonably be expected to significantly increase the
provider's administrative expenses, or adds a new product. A
material amendment does not include any of the following:
(1) A decrease in payment or compensation resulting solely
from a change in a published fee schedule upon which the payment
or compensation is based and the date of applicability is clearly
identified in the contract;
(2) A decrease in payment or compensation that was
anticipated under the terms of the contract, if the amount and
date of applicability of the decrease is clearly identified in the
contract;
(3) An administrative change that may significantly increase
the provider's administrative expense, the specific applicability
of which is clearly identified in the contract;
(4) Changes to an existing prior authorization,
precertification, notification, or referral program that do not
substantially increase the provider's administrative expense;
(5) Changes to an edit program or to specific edits if the
participating provider is provided notice of the changes pursuant
to division (A)(1) of section 3963.04 of the Revised Code and the
notice includes information sufficient for the provider to
determine the effect of the change;
(6) Changes to a health care contract described in division
(B) of section 3963.04 of the Revised Code.
(K) "Participating provider" means a provider that has a
health care contract with a contracting entity and is entitled to
reimbursement for health care services rendered to an enrollee
under the health care contract.
(L) "Payer" means any person that assumes the financial risk
for the payment of claims under a health care contract or the
reimbursement for health care services provided to enrollees by
participating providers pursuant to a health care contract.
(M) "Primary enrollee" means a person who is responsible for
making payments for participation in a health care plan or an
enrollee whose employment or other status is the basis of
eligibility for enrollment in a health care plan.
(N) "Procedure codes" includes the American medical
association's current procedural terminology code, the American
dental association's current dental terminology, and the centers
for medicare and medicaid services health care common procedure
coding system.
(O) "Product" means one of the following types of categories
of coverage for which a participating provider may be obligated to
provide health care services pursuant to a health care contract:
(1) A health maintenance organization or other product
provided by a health insuring corporation;
(2) A preferred provider organization;
(5) Workers' compensation.
(P) "Provider" means a physician, podiatrist, dentist,
chiropractor, optometrist, psychologist, physician assistant,
advanced practice registered nurse, occupational therapist,
massage therapist, physical therapist, licensed professional
counselor,
licensed professional clinical counselor, hearing aid
dealer, orthotist, prosthetist, home health agency, hospice care
program, pediatric respite care program, or hospital, or a
provider organization or physician-hospital organization that is
acting exclusively as an administrator on behalf of a provider to
facilitate the provider's participation in health care contracts.
"Provider" does not mean a pharmacist, pharmacy, nursing home, or
a provider organization or physician-hospital organization that
leases the provider organization's or physician-hospital
organization's network to a third party or contracts directly with
employers or health and welfare funds.
(Q) "Specialty health care services" has the same meaning as
in section 1751.01 of the Revised Code, except that it does not
include any services listed in division (B) of section 1751.01 of
the Revised Code that are provided by a pharmacist or a nursing
home.
(R) "Supplemental health care services" has the same meaning
as in division (B) of section 1751.01 of the Revised Code, except
that it does not include any services listed in that division that
are provided by a pharmacist or nursing home.
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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, or marriage and family 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) 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;
(8)(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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, occupational therapy, mechanotherapy,
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, professional counseling, social
work, or marriage and family 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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, or marriage and family 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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, or marriage
and family 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, or marriage and family
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, and
the medicaid program established under Chapter 5111. of the
Revised Code.
(E)(1) "Group practice" means a group of two or more holders
of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited
liability company, foundation, nonprofit corporation, faculty
practice plan, or similar group practice entity, including an
organization comprised of a nonprofit medical clinic that
contracts with a professional corporation or association of
physicians to provide medical services exclusively to patients of
the clinic in order to comply with section 1701.03 of the Revised
Code and including a corporation, limited liability company,
partnership, or professional association described in division (B)
of section 4731.226 of the Revised Code formed for the purpose of
providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally
authorized to practice optometry under Chapter 4725. of the
Revised Code, chiropractors who are licensed, certificated, or
otherwise legally authorized to practice chiropractic or
acupuncture under Chapter 4734. of the Revised Code, psychologists
who are licensed, certificated, or otherwise legally authorized to
practice psychology under Chapter 4732. of the Revised Code,
registered or licensed practical nurses who are licensed,
certificated, or otherwise legally authorized to practice nursing
under Chapter 4723. of the Revised Code, pharmacists who are
licensed, certificated, or otherwise legally authorized to
practice pharmacy under Chapter 4729. of the Revised Code,
physical therapists who are licensed, certificated, or otherwise
legally authorized to practice physical therapy under sections
4755.40 to 4755.56 of the Revised Code, occupational therapists
who are licensed, certificated, or otherwise legally authorized to
practice occupational therapy under sections 4755.04 to 4755.13 of
the Revised Code, mechanotherapists who are licensed,
certificated, or otherwise legally authorized to practice
mechanotherapy under section 4731.151 of the Revised Code, and
doctors of medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery who are licensed, certificated,
or otherwise legally authorized for their respective practices
under this chapter, and licensed professional clinical counselors,
licensed professional counselors, independent social workers,
social workers, independent marriage and family therapists, or
marriage and family therapists who are licensed, certificated, or
otherwise legally authorized for their respective practices under
Chapter 4757. of the Revised Code 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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, or marriage and family 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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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, or
marriage and family therapy, but who is not also licensed under
this chapter to engage in the practice of chiropractic.
Sec. 4734.41. (A) As used in this section:
(1) "Chemical dependency" means either of the following:
(a) The chronic and habitual use of alcoholic beverages to
the extent that the user no longer can control the use of alcohol
or endangers the user's health, safety, or welfare or that of
others;
(b) The use of a controlled substance as defined in section
3719.01 of the Revised Code, a harmful intoxicant as defined in
section 2925.01 of the Revised Code, or a dangerous drug as
defined in section 4729.01 of the Revised Code, to the extent that
the user becomes physically or psychologically dependent on the
substance, intoxicant, or drug or endangers the user's health,
safety, or welfare or that of others.
(2) "Mental illness" means a recognized psychiatric or
psychological condition, disorder, or syndrome that has been
diagnosed by a psychiatrist, psychologist, licensed professional
clinical counselor, or independent social worker as a condition,
disorder, or syndrome that may pose a danger to the person
diagnosed or others or may prevent the person from practicing the
person's profession according to acceptable and prevailing
standards of care.
(B) The state chiropractic board shall establish a chemical
dependency and mental illness monitoring program. The program
shall be made available to any individual under the board's
jurisdiction who has a chemical dependency or mental illness and
meets the board's eligibility requirements for admission to and
continued participation in the program. The board shall develop
the program and may designate a coordinator to administer it or
enter into a contract for the program to be administered by
another entity through a coordinator. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code that establish
standards and procedure for operating the program.
(C) Except as provided in division (D) of this section, all
records of an individual's participation in the monitoring
program, including medical records, chemical dependency records,
and mental health records, shall be confidential, are not public
records for the purposes of section 149.43 of the Revised Code,
and are not subject to discovery by subpoena or admissble as
evidence in any judicial proceeding. The program coordinator shall
maintain all records as directed by the board.
(D) The monitoring program's coordinator may disclose records
or information regarding an individual's progress and status of
participation in the program to the disciplinary section of the
board and to any person or government entity that the program
participant authorizes in writing to be given the records or
information.
In disclosing records or information under this division, the
coordinator shall not include any record or information that is
protected under section 3793.13 of the Revised Code or any federal
statute or regulation that provides for the confidentiality of
mental health or substance abuse records.
(E) In the absence of fraud or bad faith, the monitoring
program's coordinator, the board and the board's employees and
representatives are not liable for damages in any civil action as
a result of disclosing records or information in accordance with
division (D) of this section. In the absence of fraud or bad
faith, any person reporting to the program an individual's
chemical dependency or mental illness, or the progress or lack of
progress of that individual with regard to treatment, is not
liable for damages in any civil action as a result of the report.
(F) The board may abstain from taking formal disciplinary
action under section 4734.31 of the Revised Code against an
individual because of the individual's chemical dependency or
mental illness, if the individual meets the eligibility
requirements for admission into the monitoring program and all of
the following occur:
(1) The individual enters into a monitoring agreement with
the coordinator of the program;
(2) The individual complies with the terms and conditions for
continued participation in the program, as specified in the
monitoring agreement;
(3) The individual successfully completes the terms and
conditions of the monitoring agreement, including the condition
that the individual attain the ability to practice in accordance
with acceptable and prevailing standards of care applicable to the
practice of chiropractic.
Sec. 4755.471. (A) An individual whom the occupational
therapy section or 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 occupational therapy or physical therapy
may render the professional services of an occupational therapist
or 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
an occupational therapist or 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) 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;
(8)(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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family 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 occupational therapist or a
physical therapist that prohibits an occupational therapist or a
physical therapist from engaging in the practice of occupational
therapy or 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, or marriage and family therapy, but who is not also
licensed, certificated, or otherwise legally authorized to engage
in the practice of occupational therapy or 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
social
work theory and 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) "Social functioning" means living up to the expectations
that are made of an individual by the individual's own self, the
immediate social environment, and by society at large. "Social
functioning" includes meeting basic needs of the individual and
the individual's dependents, including physical aspects, personal
fulfillment, emotional needs, and an adequate self-concept.
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 licensed professional clinical
counselor or licensed 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.
(B)(1) No person shall use the title "licensed professional
clinical counselor," "licensed 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.
(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:
licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers, and social
work assistants.
Sec. 4757.03. (A) There is hereby created the counselor,
social worker, and marriage and family therapist board, consisting
of fifteen members. The governor shall appoint the members with
the advice and consent of the senate.
(1) Four of the members shall be individuals licensed under
this chapter as licensed professional clinical counselors or
licensed professional counselors. At all times, the counselor
membership shall include at least two licensed professional
clinical counselors, at least one individual who has received a
doctoral degree in counseling from an accredited educational
institution recognized by the board and holds a graduate level
teaching position in a counselor education program, and at least
two individuals who have received at least a master's degree in
counseling from an accredited educational institution recognized
by the board.
Two of the (2) Four members shall be individuals licensed
under this chapter as independent marriage and family therapists
and two shall be individuals licensed under this chapter as or
marriage and family therapists or, if the board has not yet
licensed independent marriage and family therapists or marriage
and family therapists, eligible for licensure as independent
marriage and family therapists or marriage and family therapists.
They shall have, during the five years preceding appointment,
actively engaged in the practice of marriage and family therapy,
in educating and training master's, doctoral, or postdoctoral
students of marriage and family therapy, or in marriage and family
therapy research and, during the two years immediately preceding
appointment, shall have devoted the majority of their professional
time to the activity while residing in this state. At all times,
the marriage and family therapist membership shall include one
educator who holds a teaching position in a master's degree
marriage and family therapy program at an accredited educational
institution recognized by the board.
(3) Two members shall be individuals licensed under this
chapter as independent social workers. Two members shall be
individuals licensed under this chapter as social workers, at
least one of whom must hold a bachelor's or master's degree in
social work from an accredited educational institution recognized
by the board. At all times, the social worker membership shall
include one educator who holds a teaching position in a
baccalaureate or master's degree social work program at an
accredited educational institution recognized by the board.
(4) Three members shall be representatives of the general
public who have not practiced professional counseling, marriage
and family therapy, or social work and have not been involved in
the delivery of professional counseling, marriage and family
therapy, or social work services. At least one of the members
representing the general public shall be at least sixty years of
age. During their terms the public members shall not practice
professional counseling, marriage and family therapy, or social
work or be involved in the delivery of professional counseling,
marriage and family therapy, or social work services.
(B) Both of the following apply to each member specified in
divisions (A)(1), (2), and (3) of this section:
(1) During the five years preceding appointment to the board,
the member shall have actively engaged in the practice of the
member's profession by conducting research in the member's
profession or by educating and training master's, doctoral, or
postdoctoral students in the member's profession.
(2) During the two years immediately preceding appointment,
the member shall have devoted the majority of their professional
time to the activity described in division (B)(1) of this section
while residing in this state.
(C) At least three members, one from each of the board's
professional standards committees, during the five years preceding
appointment, shall have practiced at a public agency or at an
organization that is certified or licensed by the department of
developmental disabilities, the department of alcohol and drug
addiction services, the department of job and family services, or
the department of mental health.
(D) Not more than eight members of the board may be members
of the same political party or sex. At
(E) At least one member of the board shall be of African,
Native American, Hispanic, or Asian descent.
Of the initial appointees, three shall be appointed for terms
ending October 10, 1985, four shall be appointed for terms ending
October 10, 1986, and four shall be appointed for terms ending
October 10, 1987. Of the two initial independent marriage and
family therapists appointed to the board, one shall be appointed
for a term ending two years after the effective date of this
amendment and one for a term ending three years after that date.
Of the two initial marriage and family therapists appointed to the
board, one shall be appointed for a term ending two years after
the effective date of this amendment and one for a term ending
three years after that date. After the initial appointments, terms
(F) Terms of office shall be three years, each term ending on
the same day of the same month of the year as did the term that it
succeeds. As a result of the dates of initial appointment, the
number of terms expiring each year are four, five, or six.
(G) A member shall hold office from the date of appointment
until the end of the term for which the member was appointed. A
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A
member shall continue in office after the expiration date of the
member's term until a successor takes office or until a period of
sixty days has elapsed, whichever occurs first. Members may be
reappointed, except that if a person has held office for two
consecutive full terms, the person shall not be reappointed to the
board sooner than one year after the expiration of the second full
term as a member of the board.
Sec. 4757.04. Within the counselor, social worker, and
marriage and family 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.
The counselors professional standards committee consists of
the board's licensed professional clinical counselor and licensed
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
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 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.
Sec. 4757.10. The counselor, social worker, and marriage and
family 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;
(F) Establish the amount and content of corrective action
courses required by the board under section 4755.36 of the Revised
Code;
(G) Provide for voluntary registration of all of the
following:
(1) Master's level counselor trainees enrolled in practice
and internships;
(2) Master's level social worker trainees enrolled in
fieldwork, practice, and internships;
(3) Master's level marriage and family therapist trainees
enrolled in practice and internships.
Rules adopted under division (G) of this section shall not
require a trainee to register with the board, and if a trainee has
not registered, shall prohibit any adverse effect with respect to
a trainee's application for licensure by the board.
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.
Sec. 4757.11. The counselor, social worker, and marriage and
family therapist board shall establish a code of ethical practice
for persons licensed under this chapter as licensed professional
clinical counselors or licensed 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 board may establish standards in
its codes of ethical practice that are more stringent than those
established by national organizations.
Sec. 4757.13. (A) Each individual who engages in the practice
of professional counseling, social work, or marriage and family
therapy shall prominently display, in a conspicuous place in the
office or place where a major portion of the individual's practice
is conducted, and in such a manner as to be easily seen and read,
the license granted to the individual by the state counselor,
social worker, and marriage and family therapist board.
(B) A license holder engaged in a private individual
practice, partnership, or group practice shall prominently display
the license holder's fee schedule in the office or place where a
major portion of the license holder's practice is conducted. The
bottom of the first page of the fee schedule shall include the
following statement, which shall be followed by the name, address,
and telephone number of the board:
"This information is required by the Counselor, Social
Worker, and Marriage and Family Therapist Board, which regulates
the practices of professional counseling, social work, and
marriage and family therapy in this state."
Sec. 4757.16. (A) A person seeking to be licensed under this
chapter as a licensed professional clinical counselor or licensed
professional counselor shall file with the counselors professional
standards committee of the counselor, social worker, and marriage
and family therapist board a written application on a form
prescribed by the board. A person seeking to be licensed under
this chapter as an independent social worker or social worker or
registered under this chapter as a social work assistant shall
file with the social workers professional standards committee of
the board a written application on a form prescribed by the board.
A person seeking to be licensed under this chapter as an
independent marriage and family therapist or a marriage and family
therapist shall file with the marriage and family therapist
professional standards committee of the board a written
application on a form prescribed by the board.
Each form prescribed by the board shall contain a statement
informing the applicant that a person who knowingly makes a false
statement on the form is guilty of falsification under section
2921.13 of the Revised Code, a misdemeanor of the first degree.
(B) The professional standards committees shall adopt rules
under Chapter 119. of the Revised Code concerning the process for
review of each application received and shall to determine whether
the applicant meets the requirements to receive the license or
certificate of registration for which application has been made.
Sec. 4757.21. A person licensed under this chapter to
practice as a
licensed professional clinical counselor or a
licensed professional counselor may diagnose and treat mental and
emotional disorders, except that a licensed professional counselor
may do so only under the supervision of a psychologist,
psychiatrist, licensed professional clinical counselor,
independent marriage and family therapist, or independent social
worker. A licensed professional clinical counselor or
licensed
professional counselor may engage in the private practice of
professional counseling as an individual practitioner or as a
member of a partnership or group practice.
Sec. 4757.22. (A) The counselors professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license to practice as a licensed
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)(1) To be eligible for a licensed professional clinical
counselor license, an individual must meet the following
requirements:
(1)(a) The individual must be of good moral character.
(2)(b) The individual must hold from an accredited
educational institution a graduate degree in counseling.
(3)(c) The individual must complete a minimum of ninety
quarter hours or sixty semester hours of graduate credit in
counselor training acceptable to the committee, including a
minimum of thirty quarter hours of instruction in the following
areas:
(a)(i) Clinical psychopathology, personality, and abnormal
behavior;
(b)(ii) Evaluation of mental and emotional disorders;
(c)(iii) Diagnosis of mental and emotional disorders;
(d)(iv) Methods of prevention, intervention, and treatment of
mental and emotional disorders.
(4)(d) 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
licensed professional clinical counselor or other qualified
professional approved by the committee, and is in the following
amounts:
(a)(i) 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)(ii) 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)(e) The individual must pass a field evaluation that meets
the following requirements:
(a)(i) 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)(ii) 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)(f) The individual must pass an examination administered
by the board for the purpose of determining ability to practice as
a licensed professional clinical counselor.
(2) To meet the requirement of division (B)(1)(b) of this
section, a graduate degree in counseling obtained from a mental
health counseling program in this state after January 1, 2018,
must be from one of the following:
(a) A clinical mental health counseling program or an
addiction counseling program accredited by the council for
accreditation of counseling and related educational programs;
(b) Any other accredited counseling programs accepted by the
board in accordance with rules adopted under division (F)(3) of
this section.
(3) Clinical mental health counseling programs accredited by
the council for accreditation of counseling and related
educational programs and, until January 1, 2018, mental health
counseling programs, and any other accredited counseling programs
accepted by the board in accordance with rules adopted under
division (F)(3) of this section meet the educational requirements
of division (B)(1)(c) of this section.
(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. The rules shall do
all of the following:
(1) Establish criteria for the committee to use in
determining whether an applicant's training should be accepted and
supervised experience approved;
(2) Establish course content requirements for qualifying
counseling degrees from clinical mental health counseling programs
and addiction counseling programs that are not accredited by the
council for accreditation of counseling and related educational
programs and for graduate degrees from other accredited counseling
programs approved by the board in accordance with rules adopted
under division (F)(3) of this section;
(3) For purposes of divisions (B)(2)(b) and (3) of this
section, requirements for acceptance by the committee of
accredited counseling programs.
Rules adopted under this division shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4757.23. (A) The counselors professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license as a licensed 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)(1) To be eligible for a license as a licensed
professional counselor, an individual must meet the following
requirements:
(1)(a) The individual must be of good moral character.
(2)(b) The individual must hold from an accredited
educational institution a graduate degree in counseling.
(3)(c) The individual must complete a minimum of ninety
quarter hours or sixty semester hours of graduate credit in
counselor training acceptable to the committee, which the
individual may complete while working toward receiving a graduate
degree in counseling, or subsequent to receiving the degree, and
which shall include training in the following areas:
(i) Clinical psychopathology, personality, and abnormal
behavior;
(ii) Evaluation of mental and emotional disorders;
(iii) Diagnosis of mental and emotional disorders;
(iv) Methods of prevention, intervention, and treatment of
mental and emotional disorders.
(4)(d) The individual must pass an examination administered
by the board for the purpose of determining ability to practice as
a licensed professional counselor.
(2) To meet the requirement of division (B)(1)(b) of this
section, a graduate degree in counseling obtained from a mental
health counseling program in this state after January 1, 2018,
must be from one of the following:
(a) A counseling program accredited by the council for
accreditation of counseling and related educational programs;
(b) Any other accredited counseling programs accepted by the
board in accordance with rules adopted under division (F)(3) of
this section.
(3) A graduate degree in counseling from a clinical mental
health counseling program accredited by the council for
accreditation of counseling and related educational programs meets
the educational requirements of division (B)(1)(c) of this
section.
(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 licensed 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. The rules shall do
all of the following:
(1) Establish criteria for the committee to use in
determining whether an applicant's training should be accepted and
supervised experience approved;
(2) Establish requirements for qualifying counseling degrees
from counseling programs that are not accredited by the council
for accreditation of counseling and related educational programs
and for graduate degrees from any other accredited counseling
programs accepted by the board in accordance with rules adopted
under division (F)(3) of this section;
(3) For purposes of divisions (B)(2)(b) and (3) of this
section, requirements for acceptance by the committee of
accredited counseling programs.
Rules adopted under this division shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4757.26. (A) A person licensed under this chapter to
practice as an independent social worker or a social worker may
diagnose and treat mental and emotional disorders, except that a
social worker may do so only under the supervision of a
psychologist, psychiatrist, licensed professional clinical
counselor, independent marriage and family therapist, independent
social worker, or registered nurse who holds a master's degree in
psychiatric nursing.
(B) A person licensed under this chapter to practice as an
independent social worker may engage in the private practice of
social work as an individual practitioner or as a member of a
partnership or group practice.
(C) A person licensed under this chapter to practice as a
social worker shall not engage in the private practice of social
work as an individual practitioner or as a member of a partnership
or group practice. A social worker shall not engage in the
practice of social work as an employee of a private individual,
partnership, or group practitioner of social work unless the
social worker is supervised by a psychologist, psychiatrist,
licensed professional clinical counselor, independent marriage and
family therapist, independent social worker, or registered nurse
who holds a master's degree in psychiatric nursing.
(D) A person who receives a certificate of registration to
practice as a social work assistant is not authorized to engage in
the practice of social work. A social work assistant, under the
direct supervision of a psychologist, psychiatrist, licensed
professional clinical counselor, licensed professional counselor,
independent marriage and family therapist, independent social
worker, social worker, or registered nurse who holds a master's
degree in psychiatric nursing, may provide human, social, and
community services that include intake assessment and referral,
screening, crisis intervention and resolution, community support,
case management and outreach, record keeping, social assessment,
visual observation of an individual in the individual's
environment, assistance in facilitation with groups and families,
advocacy, and orientation, education, and prevention services.
Sec. 4757.27. (A) The social workers professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license as an independent social
worker to each applicant who submits a properly completed
application, pays the fee established under section 4757.31 of the
Revised Code, and meets the requirements specified in division (B)
of this section. An independent social worker license shall
clearly indicate each academic degree earned by the person to whom
it has been issued.
(B) To be eligible for a license as an independent social
worker, an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a master's degree or a doctorate in social work from
an educational institution accredited by the council on social
work education.
(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 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 practice
as a social worker as follows:
(1) 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;
(2) For a period not to exceed ninety days, 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
projected date the applicant will receive the applicant's
transcript showing a conferred degree.
On application to the committee, a temporary license issued
under division (C)(2) of this section may be renewed for good
cause shown.
(D) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.29. (A) The social workers professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a certificate of registration as a
social work assistant to each applicant who submits a properly
completed application, pays the fee established under section
4757.31 of the Revised Code, is of good moral character, and holds
from an accredited educational institution an associate degree in
social service technology or a bachelor's degree that is
equivalent to an associate degree in social service technology or
a related bachelor's or higher degree that is approved by the
committee.
(B) On and after March 18, 1997, a counselor assistant
certificate of registration issued under former section 4757.08 of
the Revised Code shall be considered a certificate of registration
as a social work assistant. The holder of the certificate is
subject to the supervision requirements specified in section
4757.26 of the Revised Code, the continuing education requirements
specified in section 4757.33 of the Revised Code, and regulation
by the social workers professional standards committee. On the
first renewal occurring after March 18, 1997, the committee shall
issue a certificate of registration as a social work assistant to
each former counselor assistant who qualifies for renewal.
(C) The social workers professional standards committee shall
issue a certificate of registration as a social work assistant to
any person who, on or before March 18, 1998, meets the
requirements for a certificate of registration as a counselor
assistant pursuant to division (A)(3) of former section 4757.08 of
the Revised Code, submits a properly completed application, pays
the fee established under section 4757.31 of the Revised Code, and
is of good moral character.
Sec. 4757.30. (A) The marriage and family therapist
professional standards committee of the counselor, social worker,
and marriage and family therapist board shall issue a license to
practice as a marriage and family therapist to a person who has
done all of the following:
(1) Properly completed an application for the license;
(2) Paid the required fee established by the board under
section 4757.31 of the Revised Code;
(3) Achieved one of the following:
(a) Received from an educational institution accredited at
the time the degree was granted by a regional accrediting
organization recognized by the board a master's degree or a
doctorate in marriage and family therapy;
(b) Completed a graduate degree that includes a minimum of
ninety quarter hours of graduate level course work in marriage and
family therapy training that is acceptable to the committee;
(4) Passed an examination administered by the board for the
purpose of determining the person's ability to be a marriage and
family therapist;
(5) Completed a practicum that includes at least three
hundred hours of client contact.
(B) To be accepted by the committee for purposes of division
(A)(3)(b) of this section, marriage and family therapist training
must include instruction in at least the following:
(1) Research and evaluation;
(2) Professional, legal, and ethical responsibilities;
(3) Marriage and family studies;
(4) Marriage and family therapy, including therapeutic theory
and techniques for individuals, groups, and families;
(6) Appraisal of individuals and families;
(7) Diagnosis of mental and emotional disorders;
(C) The marriage and family therapist professional standards
committee shall issue a license to practice as an independent
marriage and family therapist to a person who does both of the
following:
(1) Meets all of the requirements of division (A) of this
section;
(2) After meeting the requirements of division (A)(3) of this
section, completes at least two calendar years of work experience
supervised training while engaged in the practice of marriage and
family therapy.
The two calendar years of work experience supervised training
must include two hundred hours of face-to-face supervision while
completing a minimum of one thousand hours of documented client
contact in marriage and family therapy. Two Of the required two
hundred hours of the one thousand hours must include face-to-face
supervision, a minimum of one hundred hours must be individual
supervision. Supervision shall be performed 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, licensed 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. 4757.31. (A) Subject to division (B) of this section,
the counselor, social worker, and marriage and family therapist
board shall establish, and may from time to time adjust, fees to
be charged for the following:
(1) Examination for licensure as a licensed professional
clinical counselor, licensed professional counselor, marriage and
family therapist, independent marriage and family therapist,
social worker, or independent social worker;
(2) Initial licenses of licensed professional clinical
counselors,
licensed professional counselors, marriage and family
therapists, independent marriage and family therapists, social
workers, and independent social workers, except that the board
shall charge only one fee to a person who fulfills all
requirements for more than one of the following initial licenses:
an initial license as a social worker or independent social
worker, an initial license as a licensed professional counselor or
licensed professional clinical counselor, and an initial license
as a marriage and family therapist or independent marriage and
family therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal and late renewal of licenses of licensed
professional clinical counselors, licensed professional
counselors, marriage and family therapists, independent marriage
and family therapists, social workers, and independent social
workers and renewal and late renewal of certificates of
registration of social work assistants;
(5) Verification, to another jurisdiction, of a license or
registration issued by the board;
(6) Continuing education programs offered by the board to
licensees or registrants;
(7) Approval of continuing education programs;
(8) Approval of continuing education providers to be
authorized to offer continuing education programs without prior
approval from the board for each program offered;
(9) Issuance of a replacement copy of any wall certificate
issued by the board;
(10) Late completion of continuing counselor, social worker,
or marriage and family therapy education required under section
4757.33 of the Revised Code and the rules adopted under it.
(B) The fees charged under division (A)(1) of this section
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The fees
charged under divisions (A)(2) to (9) of this section shall be
nonrefundable and shall be established in amounts sufficient to
cover the necessary expenses in administering this chapter and
rules adopted under it that are not covered by fees charged under
division (A)(1) or (C) of this section. The renewal fee for a
license or certificate of registration shall not be less than the
initial fee for that license or certificate. The fees charged for
licensure and registration and the renewal of licensure and
registration may differ for the various types of licensure and
registration, but shall not exceed one hundred twenty-five dollars
each, unless the board determines that amounts in excess of one
hundred twenty-five dollars are needed to cover its necessary
expenses in administering this chapter and rules adopted under it
and the amounts in excess of one hundred twenty-five dollars are
approved by the controlling board.
(C) All receipts of the board shall be deposited in the state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be approved by
the chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4757.33. (A) Except as provided in division (B) of this
section, each person who holds a license or certificate of
registration issued under this chapter shall complete during the
period that the license or certificate is in effect not less than
thirty clock hours of continuing professional education as a
condition of receiving a renewed license or certificate. To have a
lapsed license or certificate of registration restored, a person
shall complete the number of hours of continuing education
specified by the counselor, social worker, and marriage and family
therapist board in rules it shall adopt in accordance with Chapter
119. of the Revised Code.
The professional standards committees of the counselor,
social worker, and marriage and family therapist board shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing standards and procedures to be followed by the
committees in conducting the continuing education approval
process, which shall include registering individuals and entities
to provide continuing education programs approved by the board.
(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 The counselor, social worker, and marriage and family
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, licensed professional
clinical counselors, and licensed professional counselors 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, licensed professional clinical
counselors, and licensed professional counselors 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 board may, in accordance with Chapter 119. of the
Revised Code, take any action specified in division (B) of this
section for any reason described in division (C) of this section
against an individual who has applied for or holds a license to
practice as a professional clinical counselor, professional
counselor, independent marriage and family therapist, marriage and
family therapist, social worker, or independent social worker, or
a certificate of registration to practice as a social work
assistant, for any reason described in division (C) of this
section issued under this chapter; a counselor trainee, social
worker trainee, or marriage and family therapist trainee; or an
individual or entity that is registered, or has applied for
registration, in accordance with rules adopted under section
4757.33 of the Revised Code to provide continuing education
programs approved by the board.
(B) In its imposition of sanctions against an individual or
entity specified in division (A) of this section, 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;
(5) Require an individual holding a license or certificate of
registration to take corrective action courses.
(C) The appropriate professional standards committee of the
board may take an action specified in division (B) of this section
for any of the following reasons:
(1) Commission of an act that violates any provision of this
chapter or rules adopted under it;
(2) Knowingly making a false statement on an application for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepting a commission or rebate for referring persons to
any professionals licensed, certified, or registered by any court
or board, commission, department, division, or other agency of the
state, including, but not limited to, individuals practicing
counseling, social work, or marriage and family therapy or
practicing in fields related to counseling, social work, or
marriage and family therapy;
(4) A failure to comply with section 4757.12 4757.13 of the
Revised Code;
(5) A conviction in this or any other state of a crime that
is a felony in this state;
(6) A failure to perform properly as a licensed professional
clinical counselor, licensed professional counselor, independent
marriage and family therapist, marriage and family therapist,
social work assistant, social worker, or independent social worker
due to the use of alcohol or other drugs or any other physical or
mental condition;
(7) A conviction in this state or in any other state of a
misdemeanor committed in the course of practice as a licensed
professional clinical counselor, licensed professional counselor,
independent marriage and family therapist, marriage and family
therapist, social work assistant, social worker, or independent
social worker;
(8) Practicing outside the scope of practice applicable to
that person;
(9) Practicing in violation of the supervision requirements
specified under sections 4757.21 and 4757.26, and division (E) of
section 4757.30, of the Revised Code;
(10) A violation of the person's code of ethical practice
adopted by rule of the board pursuant to section 4757.11 of the
Revised Code;
(11) Revocation or suspension of a license or certificate of
registration, other disciplinary action against a license holder
or 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) A disciplinary action under division (B) of this section
shall be taken pursuant to an adjudication under Chapter 119. of
the Revised Code, except that in lieu of an adjudication, the
appropriate professional standards committee may enter into a
consent agreement with an individual or entity specified in
division (A) of this section to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by the appropriate professional standards
committee, constitutes the findings and order of the board with
respect to the matter addressed in the agreement. If a committee
refuses to ratify a consent agreement, the admissions and findings
contained in the consent agreement are of no force or effect.
(E) In any instance in which a professional standards
committee of the board is required by Chapter 119. of the Revised
Code to give notice of the opportunity for a hearing and the
individual or entity subject to the notice does not timely request
a hearing in accordance with section 119.07 of the Revised Code,
the committee may adopt a final order that contains the board's
findings. In that final order, the committee may order any of the
sanctions identified in division (B) of this section.
(F) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate professional
standards committee for reinstatement. The committee may accept
approve or
refuse deny an application for reinstatement. If a
license has been suspended or revoked, the committee may require
an examination for reinstatement.
(E)(G) 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)(H) All fines collected under division (B)(4) of this
section shall be deposited into the state treasury to the credit
of the occupational licensing and regulatory fund.
Sec. 4757.37. (A) An individual whom the counselor, social
worker, and marriage and family therapist board licenses,
certificates, or otherwise legally authorizes to engage in the
practice of professional counseling, social work, or marriage and
family therapy may render the professional services of a licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family therapist within this
state through a corporation formed under division (B) of section
1701.03 of the Revised Code, a limited liability company formed
under Chapter 1705. of the Revised Code, a partnership, or a
professional association formed under Chapter 1785. of the Revised
Code. This division does not preclude such an individual from
rendering professional services as a licensed professional
clinical counselor, licensed professional counselor, independent
social worker, social worker, independent marriage and family
therapist, or marriage and family therapist through another form
of business entity, including, but not limited to, a nonprofit
corporation or foundation, or in another manner that is authorized
by or in accordance with this chapter, another chapter of the
Revised Code, or rules of the counselor, social worker, and
marriage and family therapist board adopted pursuant to this
chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) 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) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, or marriage
and family therapists who are authorized for their respective
practices under this chapter.
This division applies notwithstanding a provision of a code
of ethics applicable to an individual who is a licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and
family therapist, or marriage and family therapist that prohibits
the individual from engaging in the individual's 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, pharmacy, physical therapy, occupational therapy,
mechanotherapy, medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery, but who is not also
licensed, certificated, or otherwise legally authorized to engage
in the practice of professional counseling, social work, or
marriage and family therapy.
Sec. 4757.38. (A) The counselor, social worker, and marriage
and family 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.
(B) All of the following apply under this chapter with
respect to the confidentiality of information:
(1) Information received by the board pursuant to a complaint
or an investigation is confidential and not subject to discovery
in any civil action, except that the board may disclose
information to law enforcement officers and government entities
for purposes of an investigation of either an individual who holds
a license or certificate of registration issued under this chapter
or an individual or entity that may have engaged in the
unauthorized practice of professional counseling, social work, or
marriage and family therapy. No law enforcement officer or
government entity with knowledge of any information disclosed by
the board pursuant to this division shall divulge the information
to any other person or government entity except for the purpose of
a government investigation, a prosecution, or an adjudication by a
court or government entity.
(2) If an investigation requires a review of patient records,
the investigation and proceeding shall be conducted in such a
manner as to protect patient confidentiality.
(3) All adjudications and investigations of the board are
civil actions for the purposes of section 2305.252 of the Revised
Code.
(4) Any board activity that involves continued monitoring of
an individual as part of or following any disciplinary action
taken under section 4755.36 of the Revised Code shall be conducted
in a manner that maintains the individual's confidentiality.
Information received or maintained by the board with respect to
the board's monitoring activities is not subject to discovery in
any civil action and is confidential, except that the board may
disclose information to law enforcement officers and government
entities for purposes of an investigation of an individual holding
a license or certificate of registration issued under this
chapter.
(C) 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.
(D) 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. 4757.41. (A) This chapter shall not apply to the
following:
(1) A person certified by the state board of education under
Chapter 3319. of the Revised Code while performing any services
within the person's scope of employment by a board of education or
by a private school meeting the standards prescribed by the state
board of education under division (D) of section 3301.07 of the
Revised Code or in a program operated under Chapter 5126. of the
Revised Code for training individuals with mental retardation or
other developmental disabilities;
(2) Psychologists or school psychologists licensed under
Chapter 4732. of the Revised Code;
(3) Members of other professions licensed, certified, or
registered by this state while performing services within the
recognized scope, standards, and ethics of their respective
professions;
(4) Rabbis, priests, Christian science practitioners, clergy,
or members of religious orders and other individuals participating
with them in pastoral counseling when the counseling activities
are within the scope of the performance of their regular or
specialized ministerial duties and are performed under the
auspices or sponsorship of an established and legally cognizable
church, denomination, or sect or an integrated auxiliary of a
church as defined in federal tax regulations, paragraph (g)(5) of
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the
service remains accountable to the established authority of that
church, denomination, sect, or integrated auxiliary;
(5) Any person who is not licensed under this chapter as a
licensed professional clinical counselor, licensed professional
counselor, independent social worker, or social worker and is
employed in the civil service as defined in section 124.01 of the
Revised Code while engaging in social work or professional
counseling or social work as a civil service employee, if on the
effective date of this amendment the person has at least two years
of service in that capacity;
(6) A student in an accredited educational institution while
carrying out activities that are part of the student's prescribed
course of study if the activities are supervised as required by
the educational institution and if the student does not hold
herself or himself out as a person licensed or registered under
this chapter;
(7) Individuals who hold a license or certificate under
Chapter 4758. of the Revised Code who are acting within the scope
of their license or certificate as members of the profession of
chemical dependency counseling or alcohol and other drug
prevention services;
(8) Any person employed by the American red cross while
engaging in activities relating to services for military families
and veterans and disaster relief, as described in the "American
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as
amended;
(9) Members of labor organizations who hold union counselor
certificates while performing services in their official capacity
as union counselors;
(10) Any person employed in a hospital as defined in section
3727.01 of the Revised Code or in a nursing home as defined in
section 3721.01 of the Revised Code while providing as a hospital
employee or nursing home employee, respectively, social services
other than counseling and the use of psychosocial interventions
and social psychotherapy;
(11) A vocational rehabilitation professional who is
providing rehabilitation services to individuals under section
3304.17 of the Revised Code;
(12) A caseworker employed by a public children services
agency under section 5153.112 of the Revised Code.
(B) Divisions (A)(5), (8), and (10) of this section do not
prevent a person described in those divisions from obtaining a
license or certificate of registration under this chapter.
(C) Except as provided in divisions (A) and (D) of this
section, no employee in the service of the state, including public
employees as defined by Chapter 4117. of the Revised Code, shall
engage in the practice of professional counseling, social work, or
marriage and family therapy without the appropriate license issued
by the board. Failure to comply with this division constitutes
nonfeasance under section 124.34 of the Revised Code or just cause
under a collective bargaining agreement. Nothing in this division
restricts the director of administrative services from developing
new classifications related to this division or from reassigning
affected employees to appropriate classifications based on the
employee's duties and qualifications.
(D) Except as provided in division (A) of this section, an
employee who was engaged in the practice of professional
counseling, social work, or marriage and family therapy in the
service of the state prior to the effective date of this
amendment, including public employees as defined by Chapter 4117.
of the Revised Code, shall comply with division (C) of this
section within two years after the effective date of this
amendment. Any such employee who fails to comply shall be removed
from employment.
Sec. 4757.43. Nothing in this chapter or the rules adopted
under it shall be construed as authorizing a licensed professional
clinical counselor, licensed professional counselor, independent
marriage and family therapist, marriage and family therapist,
independent social worker, social worker, or social work assistant
to admit a patient to a hospital or as requiring a hospital to
allow any of those individuals to admit a patient.
Sec. 4758.40. An individual seeking an independent chemical
dependency counselor license shall meet the requirements of
division (A) or (B) of this section.
(A) To meet the requirements of this division, an individual
must meet all of the following requirements:
(1) Hold from an accredited educational institution at least
a master's degree in a behavioral science or nursing that meets
the course requirements specified in rules adopted under section
4758.20 of the Revised Code;
(2) Have not less than two thousand hours of compensated work
or supervised internship experience in any of the following, not
less than four hundred hours of which are in chemical dependency
counseling:
(a) Chemical dependency services, substance abuse services,
or both types of services;
(b) The practice of psychology, as defined in section 4732.01
of the Revised Code;
(c) The practice of professional counseling, the practice of
social work, or the practice of marriage and family therapy, all
as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of one hundred eighty hours of training in
chemical dependency that meets the requirements specified in rules
adopted under section 4758.20 of the Revised Code;
(4) Unless the individual holds a valid license,
registration, certificate, or credentials issued under another
chapter of the Revised Code that authorizes the individual to
engage in a profession whose scope of practice includes chemical
dependency counseling and diagnosing and treating chemical
dependency conditions, pass one or more examinations administered
pursuant to section 4758.22 of the Revised Code for the purpose of
determining competence to practice as an independent chemical
dependency counselor.
(B) To meet the requirements of this division, an individual
must meet both of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former section 3793.07 of the Revised
Code as authority to practice as a certified chemical dependency
counselor III or certified chemical dependency counselor III-E;
(2) Meet one of the following requirements:
(a) Hold the degree described in division (A)(1) of this
section;
(b) Have held a chemical dependency counselor III, II, or I
certificate for at least eight consecutive years and have not less
than forty clock hours of training on the version of the
diagnostic and statistical manual of mental disorders that is
current at the time of the training. The training must meet the
requirements specified in rules adopted under section 4758.20 of
the Revised Code. An individual authorized under Chapter 4731. of
the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery, a psychologist licensed under Chapter 4732.
of the Revised Code, or a licensed professional clinical counselor
or independent social worker licensed under Chapter 4757. of the
Revised Code may provide any portion of the training. An
independent chemical dependency counselor licensed under this
chapter who holds the degree described in division (A)(1) of this
section may provide the portion of the training on chemical
dependency conditions.
Sec. 4758.41. An individual seeking a chemical dependency
counselor III license shall meet the requirements of division (A),
(B), or (C) of this section.
(A) To meet the requirements of this division, an individual
must meet all of the following requirements:
(1) Hold from an accredited educational institution at least
a bachelor's degree in a behavioral science or nursing that meets
the course requirements specified in rules adopted under section
4758.20 of the Revised Code;
(2) Have not less than two thousand hours of compensated work
or supervised internship experience in any of the following, not
less than four hundred hours of which are in chemical dependency
counseling:
(a) Chemical dependency services, substance abuse services,
or both types of services;
(b) The practice of psychology, as defined in section 4732.01
of the Revised Code;
(c) The practice of professional counseling, the practice of
social work, or the practice of marriage and family therapy, all
as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of one hundred eighty hours of training in
chemical dependency that meets the requirements specified in rules
adopted under section 4758.20 of the Revised Code;
(4) Unless the individual holds a valid license,
registration, certificate, or credentials issued under another
chapter of the Revised Code that authorizes the individual to
engage in a profession whose scope of practice includes chemical
dependency counseling and diagnosing and treating chemical
dependency conditions, pass one or more examinations administered
pursuant to section 4758.22 of the Revised Code for the purpose of
determining competence to practice as a chemical dependency
counselor III.
(B) To meet the requirements of this division, an individual
must meet both of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former section 3793.07 of the Revised
Code as authority to practice as a certified chemical dependency
counselor III or certified chemical dependency counselor III-E;
(2) Have not less than forty clock hours of training on the
version of the diagnostic and statistical manual of mental
disorders that is current at the time of the training. The
training must meet the requirements specified in rules adopted
under section 4758.20 of the Revised Code. An individual
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, a
psychologist licensed under Chapter 4732. of the Revised Code, or
a licensed professional clinical counselor or independent social
worker licensed under Chapter 4757. of the Revised Code may
provide any portion of the training. An independent chemical
dependency counselor licensed under this chapter who holds the
degree described in division (A)(1) of section 4758.40 of the
Revised Code may provide the portion of the training on chemical
dependency conditions.
(C) To meet the requirements of this division, an individual
must meet all of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former section 3793.07 of the Revised
Code as authority to practice as a certified chemical dependency
counselor II;
(2) Meet the requirement of division (B)(2) of this section;
(3) Hold a bachelor's degree in a behavioral science.
Sec. 4758.561. Any of the following professionals may
supervise a chemical dependency counselor III for purposes of
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:
(A) An independent chemical dependency counselor-clinical
supervisor licensed under this chapter;
(B) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(C) A psychologist licensed under Chapter 4732. of the
Revised Code;
(D) A registered nurse licensed under Chapter 4723. of the
Revised Code or licensed professional clinical counselor,
independent social worker, or independent marriage and family
therapist licensed under Chapter 4757. of the Revised Code if such
supervision is consistent with the scope of practice of the
registered nurse, professional clinical counselor, independent
social worker, or independent marriage and family therapist.
Sec. 4758.59. (A) Subject to division (B) of this section, an
individual holding a valid chemical dependency counselor assistant
certificate may do both of the following in addition to practicing
chemical dependency counseling:
(1) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and education services as they relate to abuse of or dependency on
alcohol and other drugs;
(2) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
(B) An individual holding a valid chemical dependency
counselor assistant certificate may practice chemical dependency
counseling and perform the tasks specified in division (A) of this
section only while under the supervision of any of the following:
(1) An independent chemical dependency counselor-clinical
supervisor, independent chemical dependency counselor, or chemical
dependency counselor III licensed under this chapter;
(2) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(3) A psychologist licensed under Chapter 4732. of the
Revised Code;
(4) A registered nurse licensed under Chapter 4723. of the
Revised Code or licensed professional clinical counselor,
independent social worker, or independent marriage and family
therapist licensed under Chapter 4757. of the Revised Code if such
supervision is consistent with the scope of practice of the
registered nurse, licensed professional clinical counselor,
independent social worker, or independent marriage and family
therapist.
(C) A chemical dependency counselor assistant may not
practice as an individual practitioner.
Sec. 4758.61. An individual who holds a valid prevention
specialist assistant certificate or registered applicant
certificate issued under this chapter may engage in the practice
of alcohol and other drug prevention services under the
supervision of any of the following:
(A) A prevention specialist II or prevention specialist I
certified under this chapter;
(B) An independent chemical dependency counselor-clinical
supervisor, an independent chemical dependency counselor, or a
chemical dependency counselor III licensed under this chapter;
(C) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(D) A psychologist licensed under Chapter 4732. of the
Revised Code;
(E) A registered nurse licensed under Chapter 4723. of the
Revised Code;
(F) A licensed professional clinical counselor, a licensed
professional counselor, an independent social worker, a social
worker, an independent marriage and family therapist, or a
marriage and family therapist licensed under Chapter 4757. of the
Revised Code;
(G) A school counselor licensed by the department of
education pursuant to section 3319.22 of the Revised Code;
(H) A health education specialist certified by the national
commission for health education credentialing.
Sec. 4769.01. As used in this chapter:
(A) "Medicare" means the program established by Title XVIII
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as amended.
(B) "Balance billing" means charging or collecting from a
medicare beneficiary an amount in excess of the medicare
reimbursement rate for medicare-covered services or supplies
provided to a medicare beneficiary, except when medicare is the
secondary insurer. When medicare is the secondary insurer, the
health care practitioner may pursue full reimbursement under the
terms and conditions of the primary coverage and, if applicable,
the charge allowed under the terms and conditions of the
appropriate provider contract, from the primary insurer, but the
medicare beneficiary cannot be balance billed above the medicare
reimbursement rate for a medicare-covered service or supply.
"Balance billing" does not include charging or collecting
deductibles or coinsurance required by the program.
(C) "Health care practitioner" means all of the following:
(1) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(2) A registered or licensed practical nurse licensed under
Chapter 4723. of the Revised Code;
(3) An optometrist licensed under Chapter 4725. of the
Revised Code;
(4) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(5) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(6) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(7) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(8) A practitioner of a limited branch of medicine issued a
certificate under Chapter 4731. of the Revised Code;
(9) A psychologist licensed under Chapter 4732. of the
Revised Code;
(10) A chiropractor licensed under Chapter 4734. of the
Revised Code;
(11) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(12) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(13) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(14) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(15) A licensed professional clinical counselor, licensed
professional counselor, social worker, or independent social
worker licensed, or a social work assistant registered, under
Chapter 4757. of the Revised Code;
(16) A dietitian licensed under Chapter 4759. of the Revised
Code;
(17) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(18) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code.
Sec. 5101.61. (A) As used in this section:
(1) "Senior service provider" means any person who provides
care or services to a person who is an adult as defined in
division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public or
proprietary freestanding organization or a unit of such an agency
or organization that:
(a) Provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a
physician or dentist in a facility which is not a part of a
hospital, but which is organized and operated to provide medical
care to outpatients;
(b) Has health and medical care policies which are developed
with the advice of, and with the provision of review of such
policies, an advisory committee of professional personnel,
including one or more physicians, one or more dentists, if dental
care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental care
is provided, and a nursing director responsible for the execution
of such policies, and has physicians, dentists, nursing, and
ancillary staff appropriate to the scope of services provided;
(d) Requires that the health care and medical care of every
patient be under the supervision of a physician, provides for
medical care in a case of emergency, has in effect a written
agreement with one or more hospitals and other centers or clinics,
and has an established patient referral system to other resources,
and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic services
in accordance with programs and policies, with such services
supervised by a registered professional nurse, and has a
registered professional nurse on duty at all times of clinical
operations;
(g) Provides approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping system
to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an
alcoholism treatment facility approved by the joint commission on
accreditation of healthcare organizations as an alcoholism
treatment facility or certified by the department of alcohol and
drug addiction services, and such facility shall comply with other
provisions of this division not inconsistent with such
accreditation or certification.
(3) "Community mental health facility" means a facility which
provides community mental health services and is included in the
comprehensive mental health plan for the alcohol, drug addiction,
and mental health service district in which it is located.
(4) "Community mental health service" means services, other
than inpatient services, provided by a community mental health
facility.
(5) "Home health agency" means an institution or a distinct
part of an institution operated in this state which:
(a) Is primarily engaged in providing home health services;
(b) Has home health policies which are established by a group
of professional personnel, including one or more duly licensed
doctors of medicine or osteopathy and one or more registered
professional nurses, to govern the home health services it
provides and which includes a requirement that every patient must
be under the care of a duly licensed doctor of medicine or
osteopathy;
(c) Is under the supervision of a duly licensed doctor of
medicine or doctor of osteopathy or a registered professional
nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or an
agency of either, or is operated not for profit in this state and
is licensed or registered, if required, pursuant to law by the
appropriate department of the state, county, or municipality in
which it furnishes services; or is operated for profit in this
state, meets all the requirements specified in divisions (A)(5)(a)
to (d) of this section, and is certified under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as
amended.
(6) "Home health service" means the following items and
services, provided, except as provided in division (A)(6)(g) of
this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the supervision of a
registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by the
patient's attending physician;
(c) Medical social services performed by or under the
supervision of a qualified medical or psychiatric social worker
and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides in
accordance with the orders of a doctor of medicine or osteopathy
and under the supervision of a registered professional nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training
under an approved teaching program of a nonprofit hospital and
under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements
made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a nature that the
items and services cannot readily be made available to the patient
in the patient's place of residence, or which are furnished at the
hospital or skilled nursing facility while the patient is there to
receive any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist, chiropractor,
dentist, psychologist, any employee of a hospital as defined in
section 3701.01 of the Revised Code, any nurse licensed under
Chapter 4723. of the Revised Code, any employee of an ambulatory
health facility, any employee of a home health agency, any
employee of a residential facility licensed under section 5119.22
of the Revised Code that provides accommodations, supervision, and
personal care services for three to sixteen unrelated adults, 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, member of the
clergy, any employee of a community mental health facility, and
any person engaged in professional counseling, social work or
counseling, or marriage and family therapy having reasonable cause
to believe that an adult is being abused, neglected, or exploited,
or is in a condition which is the result of abuse, neglect, or
exploitation shall immediately report such belief to the county
department of job and family services. This section does not apply
to employees of any hospital or public hospital as defined in
section 5122.01 of the Revised Code.
(B) Any person having reasonable cause to believe that an
adult has suffered abuse, neglect, or exploitation may report, or
cause reports to be made of such belief to the department.
(C) The reports made under this section shall be made orally
or in writing except that oral reports shall be followed by a
written report if a written report is requested by the department.
Written reports shall include:
(1) The name, address, and approximate age of the adult who
is the subject of the report;
(2) The name and address of the individual responsible for
the adult's care, if any individual is, and if the individual is
known;
(3) The nature and extent of the alleged abuse, neglect, or
exploitation of the adult;
(4) The basis of the reporter's belief that the adult has
been abused, neglected, or exploited.
(D) Any person with reasonable cause to believe that an adult
is suffering abuse, neglect, or exploitation who makes a report
pursuant to this section or who testifies in any administrative or
judicial proceeding arising from such a report, or any employee of
the state or any of its subdivisions who is discharging
responsibilities under section 5101.62 of the Revised Code shall
be immune from civil or criminal liability on account of such
investigation, report, or testimony, except liability for perjury,
unless the person has acted in bad faith or with malicious
purpose.
(E) No employer or any other person with the authority to do
so shall discharge, demote, transfer, prepare a negative work
performance evaluation, or reduce benefits, pay, or work
privileges, or take any other action detrimental to an employee or
in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F) Neither the written or oral report provided for in this
section nor the investigatory report provided for in section
5101.62 of the Revised Code shall be considered a public record as
defined in section 149.43 of the Revised Code. Information
contained in the report shall upon request be made available to
the adult who is the subject of the report, to agencies authorized
by the department to receive information contained in the report,
and to legal counsel for the adult.
Sec. 5123.61. (A) As used in this section:
(1) "Law enforcement agency" means the state highway patrol,
the police department of a municipal corporation, or a county
sheriff.
(2) "Abuse" has the same meaning as in section 5123.50 of the
Revised Code, except that it includes a misappropriation, as
defined in that section.
(3) "Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of developmental disabilities shall
establish a registry office for the purpose of maintaining reports
of abuse, neglect, and other major unusual incidents made to the
department under this section and reports received from county
boards of developmental disabilities under section 5126.31 of the
Revised Code. The department shall establish committees to review
reports of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered or faces a substantial
risk of suffering any wound, injury, disability, or condition of
such a nature as to reasonably indicate abuse or neglect of that
person, shall immediately report or cause reports to be made of
such information to the entity specified in this division. Except
as provided in section 5120.173 of the Revised Code or as
otherwise provided in this division, the person making the report
shall make it to a law enforcement agency or to the county board
of developmental disabilities. If the report concerns a resident
of a facility operated by the department of developmental
disabilities the report shall be made either to a law enforcement
agency or to the department. If the report concerns any act or
omission of an employee of a county board of developmental
disabilities, the report immediately shall be made to the
department and to the county board.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or resident,
any dentist, podiatrist, chiropractor, practitioner of a limited
branch of medicine as specified in section 4731.15 of the Revised
Code, hospital administrator or employee of a hospital, nurse
licensed under Chapter 4723. of the Revised Code, employee of an
ambulatory health facility as defined in section 5101.61 of the
Revised Code, employee of a home health agency, employee of a
residential facility licensed under section 5119.22 of the Revised
Code that provides accommodations, supervision, and person care
services for three to sixteen unrelated adults, or employee of a
community mental health facility;
(b) Any school teacher or school authority, licensed
professional clinical counselor, licensed professional counselor,
independent social worker, social worker,
independent marriage
and family therapist, marriage and family therapist, psychologist,
attorney, peace officer, coroner, or residents' rights advocate as
defined in section 3721.10 of the Revised Code;
(c) A superintendent, board member, or employee of a county
board of developmental disabilities; an administrator, board
member, or employee of a residential facility licensed under
section 5123.19 of the Revised Code; an administrator, board
member, or employee of any other public or private provider of
services to a person with mental retardation or a developmental
disability, or any MR/DD employee, as defined in section 5123.50
of the Revised Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of
developmental disabilities under section 5123.092 of the Revised
Code;
(e) A member of the clergy who is employed in a position that
includes providing specialized services to an individual with
mental retardation or another developmental disability, while
acting in an official or professional capacity in that position,
or a person who is employed in a position that includes providing
specialized services to an individual with mental retardation or
another developmental disability and who, while acting in an
official or professional capacity, renders spiritual treatment
through prayer in accordance with the tenets of an organized
religion.
(3)(a) The reporting requirements of this division do not
apply to employees of the Ohio protection and advocacy system.
(b) An attorney or physician is not required to make a report
pursuant to division (C)(1) of this section concerning any
communication the attorney or physician receives from a client or
patient in an attorney-client or physician-patient relationship,
if, in accordance with division (A) or (B) of section 2317.02 of
the Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial privilege under division (A) or (B) of section 2317.02
of the Revised Code with respect to that communication and the
attorney or physician shall make a report pursuant to division
(C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication,
is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result
of the communication or any observations made during that
communication, that the client or patient has suffered or faces a
substantial risk of suffering any wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the client or patient.
(4) Any person who fails to make a report required under
division (C) of this section and who is an MR/DD employee, as
defined in section 5123.50 of the Revised Code, shall be eligible
to be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by MR/DD employees
established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this section
shall be made forthwith by telephone or in person and shall be
followed by a written report. The reports shall contain the
following:
(1) The names and addresses of the person with mental
retardation or a developmental disability and the person's
custodian, if known;
(2) The age of the person with mental retardation or a
developmental disability;
(3) Any other information that would assist in the
investigation of the report.
(E) When a physician performing services as a member of the
staff of a hospital or similar institution has reason to believe
that a person with mental retardation or a developmental
disability has suffered injury, abuse, or physical neglect, the
physician shall notify the person in charge of the institution or
that person's designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with mental retardation or a developmental disability has
suffered or faces a substantial risk of suffering abuse or neglect
may report or cause a report to be made of that belief to the
entity specified in this division. Except as provided in section
5120.173 of the Revised Code or as otherwise provided in this
division, the person making the report shall make it to a law
enforcement agency or the county board of developmental
disabilities. If the person is a resident of a facility operated
by the department of developmental disabilities, the report shall
be made to a law enforcement agency or to the department. If the
report concerns any act or omission of an employee of a county
board of developmental disabilities, the report immediately shall
be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a person with mental retardation or a
developmental disability, the law enforcement agency shall inform
the county board of developmental disabilities or, if the person
is a resident of a facility operated by the department of
developmental disabilities, the director of the department or the
director's designee.
(2) On receipt of a report under this section that includes
an allegation of action or inaction that may constitute a crime
under federal law or the law of this state, the department of
developmental disabilities shall notify the law enforcement
agency.
(3) When a county board of developmental disabilities
receives a report under this section that includes an allegation
of action or inaction that may constitute a crime under federal
law or the law of this state, the superintendent of the board or
an individual the superintendent designates under division (H) of
this section shall notify the law enforcement agency. The
superintendent or individual shall notify the department of
developmental disabilities when it receives any report under this
section.
(4) When a county board of developmental disabilities
receives a report under this section and believes that the degree
of risk to the person is such that the report is an emergency, the
superintendent of the board or an employee of the board the
superintendent designates shall attempt a face-to-face contact
with the person with mental retardation or a developmental
disability who allegedly is the victim within one hour of the
board's receipt of the report.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult with mental retardation or a developmental
disability about whom a report is made may be removed from the
adult's place of residence only by law enforcement officers who
consider that the adult's immediate removal is essential to
protect the adult from further injury or abuse or in accordance
with the order of a court made pursuant to section 5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report of
abuse or neglect it receives under this section. In addition, the
department, in cooperation with law enforcement officials, shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The investigation shall be in accordance with the
memorandum of understanding prepared under section 5126.058 of the
Revised Code. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning an adult with mental retardation
or a developmental disability or other principals in the case. If
the department finds that the report involves action or inaction
that may constitute a crime under federal law or the law of this
state, it shall submit a report of its investigation, in writing,
to the law enforcement agency. If the person with mental
retardation or a developmental disability is an adult, with the
consent of the adult, the department shall provide such protective
services as are necessary to protect the adult. The law
enforcement agency shall make a written report of its findings to
the department.
If the person is an adult and is not a resident of a facility
operated by the department, the county board of developmental
disabilities shall review the report of abuse or neglect in
accordance with sections 5126.30 to 5126.33 of the Revised Code
and the law enforcement agency shall make the written report of
its findings to the county board.
(K) Any person or any hospital, institution, school, health
department, or agency participating in the making of reports
pursuant to this section, any person participating as a witness in
an administrative or judicial proceeding resulting from the
reports, or any person or governmental entity that discharges
responsibilities under sections 5126.31 to 5126.33 of the Revised
Code shall be immune from any civil or criminal liability that
might otherwise be incurred or imposed as a result of such actions
except liability for perjury, unless the person or governmental
entity has acted in bad faith or with malicious purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee or
retaliate against an employee as a result of the employee's having
made a report under this section. This division does not preclude
an employer or person with authority from taking action with
regard to an employee who has made a report under this section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records as
defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to the
person who is the subject of the report, to the person's legal
counsel, and to agencies authorized to receive information in the
report by the department or by a county board of developmental
disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding the injuries or physical neglect of a person
with mental retardation or a developmental disability or the cause
thereof in any judicial proceeding resulting from a report
submitted pursuant to this section.
Section 2. That existing sections 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51,
2317.02, 2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74,
3709.161, 3721.21, 3793.02, 3923.28, 3923.281, 3923.282, 3923.30,
3963.01, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28,
4734.17, 4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04,
4757.10, 4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26,
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34,
4757.36, 4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.561,
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61 and section
4757.12 of the Revised Code are hereby repealed.
Section 3. Within one year after the effective date of this
act, the Office of Collective Bargaining in the Department of
Administrative Services shall implement division (C) of section
4757.41 of the Revised Code as enacted by this act.
Within ninety days after the effective date of this act, the
Office of Collective Bargaining shall negotiate with each state
agency and the affected union to reach a mutually agreeable
resolution for employees impacted by the enactment of division (C)
of section 4757.41 of the Revised Code.
Notwithstanding divisions (A) and (D) of section 124.14 of
the Revised Code or any other contrary provision of law, for
employees in the service of the state exempt from Chapter 4117. of
the Revised Code who are impacted by the enactment of division (C)
of section 4757.41 of the Revised Code, the Director of
Administrative Services may implement any or all of the provisions
of the resolutions described in the preceding paragraph.
The Director, within ninety days after the effective date of
this act, shall develop and assign new classifications related to
the enactment of division (C) of section 4757.41 of the Revised
Code as needed and reassign impacted employees to appropriate
classifications based on the employee's duties and qualifications.
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