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Sub. H. B. No. 488 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Dovilla, Landis
Cosponsors:
Representatives Johnson, Pillich, Barborak, Bishoff, Milkovich, Perales, Retherford, Rosenberger, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Beck, Blair, Blessing, Boose, Boyce, Brown, Buchy, Budish, Burkley, Butler, Carney, Celebrezze, Cera, Clyde, Curtin, Damschroder, Derickson, DeVitis, Duffey, Fedor, Foley, Gerberry, Green, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Henne, Huffman, Letson, Lundy, Lynch, Maag, McClain, McGregor, O'Brien, Patmon, Patterson, Pelanda, Ramos, Redfern, Rogers, Romanchuk, Ruhl, Scherer, Schuring, Sears, Sheehy, Smith, Sprague, Stautberg, Stebelton, Stinziano, Strahorn, Terhar, Wachtmann, Winburn Speaker Batchelder
A BILL
To amend sections 2913.01, 2913.02, 2913.43, 2913.49,
2913.61, 4729.12, 4729.13, 4729.15, 4731.36,
4743.04, 5902.02, 5903.03, 5903.10, 5903.11,
5903.12, 5903.121, 5907.01, and 5907.04 and to
enact sections 2305.112, 2307.611, 3333.164,
3345.42, 3345.43, 3345.44, 3345.46, 5903.01,
5903.04, 5903.05, and 5903.15 of the Revised Code
to require state institutions of higher education
to award credit for military training, to increase
penalties for certain theft, deception, and
identity fraud offenses when the victim is an
active duty service member, to allow for a civil
action for victims of identity fraud, and to make
other changes regarding state support and benefits
for veterans and their spouses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2913.01, 2913.02, 2913.43, 2913.49,
2913.61, 4729.12, 4729.13, 4729.15, 4731.36, 4743.04, 5902.02,
5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01, and 5907.04
be amended and sections 2305.112, 2307.611, 3333.164, 3345.42,
3345.43, 3345.44, 3345.46, 5903.01, 5903.04, 5903.05, and 5903.15
of the Revised Code be enacted to read as follows:
Sec. 2305.112. A civil action brought pursuant to division
(A) of section 2307.60 of the Revised Code when the person filing
the action is injured in person or property by a violation of
division (B), (D), or (E) of section 2913.49 of the Revised Code
shall be commenced within five years from the date on which the
identity of the offender was discovered or reasonably should have
been discovered.
Sec. 2307.611. A person who brings a civil action pursuant
to division (A) of section 2307.60 of the Revised Code to recover
damages from any person who caused injury to person or property by
a violation of division (B), (D), or (E) of section 2913.49 of the
Revised Code may recover damages up to five thousand dollars for
each violation or three times the amount of actual damages,
whichever is greater, and reasonable attorney's fees.
Sec. 2913.01. As used in this chapter, unless the context
requires that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or causing
another to be deceived by any false or misleading representation,
by withholding information, by preventing another from acquiring
information, or by any other conduct, act, or omission that
creates, confirms, or perpetuates a false impression in another,
including a false impression as to law, value, state of mind, or
other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception, some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a period
that appropriates a substantial portion of its value or use, or
with purpose to restore it only upon payment of a reward or other
consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or services,
with purpose not to give proper consideration in return for the
money, property, or services, and without reasonable justification
or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is the owner of,
who has possession or control of, or who has any license or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services, professional
services, rental services, public utility services including
wireless service as defined in division (F)(1) of section 128.01
of the Revised Code, common carrier services, and food, drink,
transportation, entertainment, and cable television services and,
for purposes of section 2913.04 of the Revised Code, include cable
services as defined in that section.
(F) "Writing" means any computer software, document, letter,
memorandum, note, paper, plate, data, film, or other thing having
in or upon it any written, typewritten, or printed matter, and any
token, stamp, seal, credit card, badge, trademark, label, or other
symbol of value, right, privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in part
and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill,
or token, automatically dispense property, provide a service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being inserted
or deposited in a coin machine as an improper substitute for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, 2913.48, former section 2913.47 or 2913.48, or section
2913.51, 2915.05, or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state, or of the United States,
substantially equivalent to any section listed in division (K)(1)
of this section or a violation of section 2913.41, 2913.81, or
2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering, theft,
embezzlement, wrongful conversion, forgery, counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to, the
use of a computer system, computer network, computer program, data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic device
of that nature.
(N) "Computer system" means a computer and related devices,
whether connected or unconnected, including, but not limited to,
data input, output, and storage devices, data communications
links, and computer programs and data that make the system capable
of performing specified special purpose data processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs, procedures,
and other documentation associated with the operation of a
computer system.
(R) "Data" means a representation of information, knowledge,
facts, concepts, or instructions that are being or have been
prepared in a formalized manner and that are intended for use in a
computer, computer system, or computer network. For purposes of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided by
or through the facilities of any cable television system or other
similar closed circuit coaxial cable communications system, or any
microwave or similar transmission service used in connection with
any cable television system or other similar closed circuit
coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account for
the purpose of obtaining money, property, labor, or services on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card
issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in 92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right of possession and use of the property is for a short and
possibly indeterminate term in return for consideration; the
rentee generally controls the duration of possession of the
property, within any applicable minimum or maximum term; and the
amount of consideration generally is determined by the duration of
possession of the property.
(X) "Telecommunication" means the origination, emission,
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of
intelligence of any nature over any communications system by any
method, including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications device" means any instrument,
equipment, machine, or other device that facilitates
telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner,
telephone, cellular telephone, pager, personal communications
device, transponder, receiver, radio, modem, or device that
enables the use of a modem.
(Z) "Telecommunications service" means the providing,
allowing, facilitating, or generating of any form of
telecommunication through the use of a telecommunications device
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a
telecommunications device that, alone or with another
telecommunications device, has been altered, constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information service without the authority or consent of the
provider of the telecommunications service or information service.
"Counterfeit telecommunications device" includes, but is not
limited to, a clone telephone, clone microchip, tumbler telephone,
or tumbler microchip; a wireless scanning device capable of
acquiring, intercepting, receiving, or otherwise facilitating the
use of telecommunications service or information service without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number in a wireless telephone.
(BB)(1) "Information service" means, subject to division
(BB)(2) of this section, the offering of a capability for
generating, acquiring, storing, transforming, processing,
retrieving, utilizing, or making available information via
telecommunications, including, but not limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division (BB)(1) of this section
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years of
age or older and has some impairment of body or mind that makes
the person unable to work at any substantially remunerative
employment that the person otherwise would be able to perform and
that will, with reasonable probability, continue for a period of
at least twelve months without any present indication of recovery
from the impairment, or who is eighteen years of age or older and
has been certified as permanently and totally disabled by an
agency of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01 of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or
part of a computer, computer system, or a computer network without
express or implied authorization with the intent to defraud or
with intent to commit a crime;
(b) Misusing computer or network services including, but not
limited to, mail transfer programs, file transfer programs, proxy
servers, and web servers by performing functions not authorized by
the owner of the computer, computer system, or computer network or
other person authorized to give consent. As used in this division,
"misuse of computer and network services" includes, but is not
limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than
the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to
access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web
servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section,
using a group of computer programs commonly known as "port
scanners" or "probes" to intentionally access any computer,
computer system, or computer network without the permission of the
owner of the computer, computer system, or computer network or
other person authorized to give consent. The group of computer
programs referred to in this division includes, but is not limited
to, those computer programs that use a computer network to access
a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers
or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or
network services; the presence or versions of computer software
including, but not limited to, operating systems, computer
services, or computer contaminants; the presence of a known
computer software deficiency that can be used to gain unauthorized
access to a computer, computer system, or computer network; or any
other information about a computer, computer system, or computer
network not necessary for the normal and lawful operation of the
computer initiating the access.
(ii) The group of computer programs referred to in division
(II)(1)(c)(i) of this section does not include standard computer
software used for the normal operation, administration,
management, and test of a computer, computer system, or computer
network including, but not limited to, domain name services, mail
transfer services, and other operating system services, computer
programs commonly called "ping," "tcpdump," and "traceroute" and
other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d) The intentional use of a computer, computer system, or a
computer network in a manner that exceeds any right or permission
granted by the owner of the computer, computer system, or computer
network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.01 of the Revised
Code, into a computer, computer system, computer program, or
computer network.
(JJ) "Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in the
manner described in this division. Anhydrous ammonia is one part
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by
weight is fourteen parts nitrogen to three parts hydrogen, which
is approximately eighty-two per cent nitrogen to eighteen per cent
hydrogen.
(LL) "Assistance dog" has the same meaning as in section
955.011 of the Revised Code.
(MM) "Federally licensed firearms dealer" has the same
meaning as in section 5502.63 of the Revised Code.
(NN) "Active duty service member" means any member of the
armed forces of the United States performing active duty under
title 10 of the United States Code.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized to
give consent;
(2) Beyond the scope of the express or implied consent of the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a
violation of this section is petty theft, a misdemeanor of the
first degree. If the value of the property or services stolen is
one thousand dollars or more and is less than seven thousand five
hundred dollars or if the property stolen is any of the property
listed in section 2913.71 of the Revised Code, a violation of this
section is theft, a felony of the fifth degree. If the value of
the property or services stolen is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand
dollars, a violation of this section is grand theft, a felony of
the fourth degree. If the value of the property or services stolen
is one hundred fifty thousand dollars or more and is less than
seven hundred fifty thousand dollars, a violation of this section
is aggravated theft, a felony of the third degree. If the value of
the property or services is seven hundred fifty thousand dollars
or more and is less than one million five hundred thousand
dollars, a violation of this section is aggravated theft, a felony
of the second degree. If the value of the property or services
stolen is one million five hundred thousand dollars or more, a
violation of this section is aggravated theft of one million five
hundred thousand dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5),
(6), (7), (8), or (9) of this section, if the victim of the
offense is an elderly person or, disabled adult, active duty
service member, or spouse of an active duty service member, a
violation of this section is theft from an elderly a person or
disabled adult in a protected class, and division (B)(3) of this
section applies. Except as otherwise provided in this division,
theft from an elderly a person or disabled adult in a protected
class is a felony of the fifth degree. If the value of the
property or services stolen is one thousand dollars or more and is
less than seven thousand five hundred dollars, theft from
an
elderly a person or disabled adult in a protected class is a
felony of the fourth degree. If the value of the property or
services stolen is seven thousand five hundred dollars or more and
is less than thirty-seven thousand five hundred dollars, theft
from an elderly a person or disabled adult in a protected class is
a felony of the third degree. If the value of the property or
services stolen is thirty-seven thousand five hundred dollars or
more and is less than one hundred fifty thousand dollars, theft
from an elderly a person or disabled adult in a protected class is
a felony of the second degree. If the value of the property or
services stolen is one hundred fifty thousand dollars or more,
theft from an elderly a person or disabled adult in a protected
class is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance, a violation of this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle, a violation of
this section is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a violation
of this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) Except as provided in division (B)(2) of this section
with respect to property with a value of seven thousand five
hundred dollars or more and division (B)(3) of this section with
respect to property with a value of one thousand dollars or more,
if the property stolen is a special purpose article as defined in
section 4737.04 of the Revised Code or is a bulk merchandise
container as defined in section 4737.012 of the Revised Code, a
violation of this section is theft of a special purpose article or
articles or theft of a bulk merchandise container or containers, a
felony of the fifth degree.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court may
do one of the following:
(a) Unless division (B)(10)(b) of this section applies,
suspend for not more than six months the offender's driver's
license, probationary driver's license, commercial driver's
license, temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary driver's
license, commercial driver's license, temporary instruction
permit, or nonresident operating privilege has previously been
suspended pursuant to division (B)(10)(a) of this section, impose
a class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(c) The court, in lieu of suspending the offender's driver's
or commercial driver's license, probationary driver's license,
temporary instruction permit, or nonresident operating privilege
pursuant to division (B)(10)(a) or (b) of this section, instead
may require the offender to perform community service for a number
of hours determined by the court.
(11) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property and any
loss of revenue resulting from deprivation of the property due to
theft of rental services that is less than or equal to the actual
value of the property at the time it was rented. Evidence of
intent to commit theft of rented property or rental services shall
be determined pursuant to the provisions of section 2913.72 of the
Revised Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(10)
of this section may grant the offender limited driving privileges
during the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing
writings by deception.
(2) Except as otherwise provided in this division or division
(B)(3) of this section, securing writings by deception is a
misdemeanor of the first degree. If the value of the property or
the obligation involved is one thousand dollars or more and less
than seven thousand five hundred dollars, securing writings by
deception is a felony of the fifth degree. If the value of the
property or the obligation involved is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand
dollars, securing writings by deception is a felony of the fourth
degree. If the value of the property or the obligation involved is
one hundred fifty thousand dollars or more, securing writings by
deception is a felony of the third degree.
(3) If the victim of the offense is an elderly person or,
disabled adult, active duty service member, or spouse of an active
duty service member, division (B)(3) of this section applies.
Except as otherwise provided in division (B)(3) of this section,
securing writings by deception is a felony of the fifth degree. If
the value of the property or obligation involved is one thousand
dollars or more and is less than seven thousand five hundred
dollars, securing writings by deception is a felony of the fourth
degree. If the value of the property or obligation involved is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, securing writings by
deception is a felony of the third degree. If the value of the
property or obligation involved is thirty-seven thousand five
hundred dollars or more, securing writings by deception is a
felony of the second degree.
Sec. 2913.49. (A) As used in this section, "personal
identifying information" includes, but is not limited to, the
following: the name, address, telephone number, driver's license,
driver's license number, commercial driver's license, commercial
driver's license number, state identification card, state
identification card number, social security card, social security
number, birth certificate, place of employment, employee
identification number, mother's maiden name, demand deposit
account number, savings account number, money market account
number, mutual fund account number, other financial account
number, personal identification number, password, or credit card
number of a living or dead individual.
(B) No person, without the express or implied consent of the
other person, shall use, obtain, or possess any personal
identifying information of another person with intent to do either
of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the person's own personal identifying information.
(C) No person shall create, obtain, possess, or use the
personal identifying information of any person with the intent to
aid or abet another person in violating division (B) of this
section.
(D) No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section.
(F)(1) It is an affirmative defense to a charge under
division (B) of this section that the person using the personal
identifying information is acting in accordance with a legally
recognized guardianship or conservatorship or as a trustee or
fiduciary.
(2) It is an affirmative defense to a charge under division
(B), (C), (D), or (E) of this section that either of the following
applies:
(a) The person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used, with prior consent given as specified in this division,
in a bona fide investigation, an information security evaluation,
a pretext calling evaluation, or a similar matter. The prior
consent required under this division shall be given by the person
whose personal identifying information is being used, obtained,
possessed, or created or is being permitted to be used or, if the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used
is deceased, by that deceased person's executor, or a member of
that deceased person's family, or that deceased person's attorney.
The prior consent required under this division may be given orally
or in writing by the person whose personal identifying information
is being used, obtained, possessed, or created or is being
permitted to be used or that person's executor, or family member,
or attorney.
(b) The personal identifying information was obtained,
possessed, used, created, or permitted to be used for a lawful
purpose, provided that division (F)(2)(b) of this section does not
apply if the person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing,
or creating the personal identifying information or permitting it
to be used in an investigation, an information security
evaluation, a pretext calling evaluation, or similar matter.
(G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, used, created, or permitted to be used was deceased at
the time of the offense.
(H)(1) If an offender commits a violation of division (B),
(D), or (E) of this section and the violation occurs as part of a
course of conduct involving other violations of division (B), (D),
or (E) of this section or violations of, attempts to violate,
conspiracies to violate, or complicity in violations of division
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the
court, in determining the degree of the offense pursuant to
division (I) of this section, may aggregate all credit, property,
or services obtained or sought to be obtained by the offender and
all debts or other legal obligations avoided or sought to be
avoided by the offender in the violations involved in that course
of conduct. The course of conduct may involve one victim or more
than one victim.
(2) If an offender commits a violation of division (C) of
this section and the violation occurs as part of a course of
conduct involving other violations of division (C) of this section
or violations of, attempts to violate, conspiracies to violate, or
complicity in violations of division (B), (D), or (E) of this
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in
determining the degree of the offense pursuant to division (I) of
this section, may aggregate all credit, property, or services
obtained or sought to be obtained by the person aided or abetted
and all debts or other legal obligations avoided or sought to be
avoided by the person aided or abetted in the violations involved
in that course of conduct. The course of conduct may involve one
victim or more than one victim.
(I)(1) Whoever violates this section is guilty of identity
fraud.
(2) Except as otherwise provided in this division or division
(I)(3) of this section, identity fraud is a felony of the fifth
degree. If the value of the credit, property, services, debt, or
other legal obligation involved in the violation or course of
conduct is one thousand dollars or more and is less than seven
thousand five hundred dollars, except as otherwise provided in
division (I)(3) of this section, identity fraud is a felony of the
fourth degree. If the value of the credit, property, services,
debt, or other legal obligation involved in the violation or
course of conduct is seven thousand five hundred dollars or more
and is less than one hundred fifty thousand dollars, except as
otherwise provided in division (I)(3) of this section, identity
fraud is a felony of the third degree. If the value of the credit,
property, services, debt, or other legal obligation involved in
the violation or course of conduct is one hundred fifty thousand
dollars or more, except as otherwise provided in division (I)(3)
of this section, identity fraud is a felony of the second degree.
(3) If the victim of the offense is an elderly person or,
disabled adult, active duty service member, or spouse of an active
duty service member, a violation of this section is identity fraud
against an elderly a person or disabled adult in a protected
class. Except as otherwise provided in this division, identity
fraud against an elderly a person or disabled adult in a protected
class is a felony of the fifth fourth degree. If the value of the
credit, property, services, debt, or other legal obligation
involved in the violation or course of conduct is one thousand
dollars or more and is less than seven thousand five hundred
dollars, identity fraud against an elderly a person or disabled
adult in a protected class is a felony of the third degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, identity fraud against an elderly a person
or disabled adult in a protected class is a felony of the second
degree. If the value of the credit, property, services, debt, or
other legal obligation involved in the violation or course of
conduct is one hundred fifty thousand dollars or more, identity
fraud against an elderly a person or disabled adult in a protected
class is a felony of the first degree.
(J) In addition to the penalties described in division (I) of
this section, anyone injured in person or property by a violation
of division (B), (D), or (E) of this section who is the owner of
the identifying information involved in that violation has a civil
action against the offender pursuant to section 2307.60 of the
Revised Code. That person may also bring a civil action to enjoin
or restrain future acts that would constitute a violation of
division (B), (D), or (E) of this section.
Sec. 2913.61. (A) When a person is charged with a theft
offense, or with a violation of division (A)(1) of section 1716.14
of the Revised Code involving a victim who is an elderly person or
disabled adult that involves property or services valued at one
thousand dollars or more, property or services valued at one
thousand dollars or more and less than seven thousand five hundred
dollars, property or services valued at one thousand five hundred
dollars or more and less than seven thousand five hundred dollars,
property or services valued at seven thousand five hundred dollars
or more and less than thirty-seven thousand five hundred dollars,
property or services valued at seven thousand five hundred dollars
or more and less than one hundred fifty thousand dollars, property
or services valued at thirty-seven thousand five hundred dollars
or more and less than one hundred fifty thousand dollars, property
or services valued at thirty-seven thousand five hundred dollars
or more, property or services valued at one hundred fifty thousand
dollars or more, property or services valued at one hundred fifty
thousand dollars or more and less than seven hundred fifty
thousand dollars, property or services valued at seven hundred
fifty thousand dollars or more and less than one million five
hundred thousand dollars, or property or services valued at one
million five hundred thousand dollars or more, the jury or court
trying the accused shall determine the value of the property or
services as of the time of the offense and, if a guilty verdict is
returned, shall return the finding of value as part of the
verdict. In any case in which the jury or court determines that
the value of the property or services at the time of the offense
was one thousand dollars or more, it is unnecessary to find and
return the exact value, and it is sufficient if the finding and
return is to the effect that the value of the property or services
involved was one thousand dollars or more, was one thousand
dollars or more and less than seven thousand five hundred dollars,
was one thousand five hundred dollars or more and less than seven
thousand five hundred dollars, was seven thousand five hundred
dollars or more and less than thirty-seven thousand five hundred
dollars, was seven thousand five hundred dollars or more and less
than thirty-seven thousand five hundred dollars, was seven
thousand five hundred dollars or more and less than one hundred
fifty thousand dollars, was thirty-seven thousand five hundred
dollars or more and less than one hundred fifty thousand dollars,
was thirty-seven thousand five hundred dollars or more and less
than one hundred fifty thousand dollars, was one hundred fifty
thousand dollars or more, was one hundred fifty thousand dollars
or more and less than seven hundred fifty thousand dollars, was
seven hundred fifty thousand dollars or more and less than one
million five hundred thousand dollars, or was one million five
hundred thousand dollars or more, whichever is relevant regarding
the offense.
(B) If more than one item of property or services is involved
in a theft offense or in a violation of division (A)(1) of section
1716.14 of the Revised Code involving a victim who is an elderly
person or disabled adult, the value of the property or services
involved for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all
property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code, or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or section
2913.31 or 2913.43 of the Revised Code involving a victim who is
an elderly person or disabled adult, is committed by the offender
in the offender's same employment, capacity, or relationship to
another, all of those offenses shall be tried as a single offense.
When a series of offenses under section 2913.02 of the Revised
Code, or a series of violations of, attempts to commit a violation
of, conspiracies to violate, or complicity in violations of
section 2913.02 or 2913.43 of the Revised Code involving a victim
who is an active duty service member or spouse of an active duty
service member is committed by the offender in the offender's same
employment, capacity, or relationship to another, all of those
offenses shall be tried as a single offense. The value of the
property or services involved in the series of offenses for the
purpose of determining the value as required by division (A) of
this section is the aggregate value of all property and services
involved in all offenses in the series.
(2) If an offender commits a series of offenses under section
2913.02 of the Revised Code that involves a common course of
conduct to defraud multiple victims, all of the offenses may be
tried as a single offense. If an offender is being tried for the
commission of a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or section
2913.31 or 2913.43 of the Revised Code, whether committed against
one victim or more than one victim, involving a victim who is an
elderly person or disabled adult, pursuant to a scheme or course
of conduct, all of those offenses may be tried as a single
offense. If an offender is being tried for the commission of a
series of violations of, attempts to commit a violation of,
conspiracies to violate, or complicity in violations of section
2913.02 or 2913.43 of the Revised Code, whether committed against
one victim or more than one victim, involving a victim who is an
active duty service member or spouse of an active duty service
member pursuant to a scheme or course of conduct, all of those
offenses may be tried as a single offense. If the offenses are
tried as a single offense, the value of the property or services
involved for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all
property and services involved in all of the offenses in the
course of conduct.
(3) When a series of two or more offenses under section
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by
the offender in the offender's same employment, capacity, or
relationship to another, all of those offenses may be tried as a
single offense. If the offenses are tried as a single offense, the
value of the property or services involved for the purpose of
determining the value as required by division (A) of this section
is the aggregate value of all property and services involved in
all of the offenses in the series of two or more offenses.
(4) In prosecuting a single offense under division (C)(1),
(2), or (3) of this section, it is not necessary to separately
allege and prove each offense in the series. Rather, it is
sufficient to allege and prove that the offender, within a given
span of time, committed one or more theft offenses or violations
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the
offender's same employment, capacity, or relationship to another
as described in division (C)(1) or (3) of this section, or
committed one or more theft offenses that involve a common course
of conduct to defraud multiple victims or a scheme or course of
conduct as described in division (C)(2) of this section. While it
is not necessary to separately allege and prove each offense in
the series in order to prosecute a single offense under division
(C)(1), (2), or (3) of this section, it remains necessary in
prosecuting them as a single offense to prove the aggregate value
of the property or services in order to meet the requisite
statutory offense level sought by the prosecution.
(D) The following criteria shall be used in determining the
value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and of
materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of this
section and which retains substantial utility for its purpose
regardless of its age or condition, is the cost of replacing the
property with new property of like kind and quality.
(3) The value of any real or personal property that is not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to
establish the value of property or services involved in a theft
offense:
(1) When the property involved is personal property held for
sale at wholesale or retail, the price at which the property was
held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or raw
agricultural products for which a local market price is available,
the latest local market price prior to the offense is prima-facie
evidence of the value of the livestock, poultry, or products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt, bill
of lading, pawn ticket, claim check, or other instrument entitling
the holder or bearer to receive property, the face value or, if
there is no face value, the value of the property covered by the
instrument less any payment necessary to receive the property is
prima-facie evidence of the value of the instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received by the instrument is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity, water,
telephone, transportation, shipping, or other services for which
the rate is established by law, the duly established rate is
prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been notified
prior to the offense of the rate for the services, either in
writing, orally, or by posting in a manner reasonably calculated
to come to the attention of potential offenders, the rate
contained in the notice is prima-facie evidence of the value of
the services.
Sec. 3333.164. (A) As used in this section, "state
institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code.
(B) Not later than December 31, 2014, the chancellor of the
Ohio board of regents shall do all of the following with regard to
the awarding of college credit for military training, experience,
and coursework:
(1) Develop a set of standards and procedures for state
institutions of higher education to utilize in the granting of
college credit for military training, experience, and coursework;
(2) Create a military articulation and transfer assurance
guide for college credit that is earned through military training,
experience, and coursework. The chancellor shall use the current
articulation and transfer policy adopted pursuant to section
3333.16 of the Revised Code as a model in developing this guide.
(3) Create a web site that contains information related to
the awarding of college credit for military training, experience,
and coursework. The web site shall include both of the following:
(a) Standardized resources that address frequently asked
questions regarding the awarding of such credit and related
issues.
(b) A statewide database that shows how specified military
training, experience, and coursework translates to college credit.
(4) Develop a statewide training program that prepares
faculty and staff of state institutions of higher education to
evaluate various military training, experience, and coursework and
to award appropriate equivalent credit. The training program shall
incorporate the best practices of awarding credit for military
experiences, including both the recommendations of the American
council on education and the standards developed by the council
for adult and experiential learning.
(C) Beginning on July 1, 2015, state institutions of higher
education shall ensure that appropriate equivalent credit is
awarded for military training, experience, and coursework that
meet the standards developed by the chancellor pursuant to this
section.
Sec. 3345.42. Not later than December 31, 2014, the board of
trustees of each state institution of higher education, as defined
in section 3345.011 of the Revised Code, shall do both of the
following:
(A) Designate at least one person employed by the institution
to serve as the contact person for veterans affairs. Such a person
shall assist and advise veterans on issues related to earning
college credit for military training, experience, and coursework.
(B) Adopt a policy regarding the support and assistance the
institution will provide to veterans.
The chancellor of the Ohio board of regents shall provide
guidance to state institutions of higher education in their
compliance with this section, including the recommendation of
standardized policies on support and assistance to veterans.
The person or persons designated under division (A) of this
section shall not be a person currently designated by the
institution as a veterans administration certifying official.
Sec. 3345.43. (A) Not later than December 31, 2014, and
continuing thereafter, each state institution of higher education,
as defined in section 3345.011 of the Revised Code, shall provide
a student who is either a veteran or a service member with
priority for course registration.
(B) As used in this section:
(1) "Service member" means a person who is serving in the
armed forces of the United States.
(2) "Veteran" means any person who has completed service in
the armed forces, including the national guard of any state or a
reserve component of the armed forces, and who has been discharged
under honorable conditions from the armed forces or who has been
transferred to the reserve with evidence of satisfactory service.
Sec. 3345.44. Not later than December 31, 2014, the board of
trustees or managing authority of each state institution of higher
education, as defined in section 3345.011 of the Revised Code,
shall establish an appeals procedure for students who are veterans
for resolving disputes regarding the awarding of college credit
for military experience.
Sec. 3345.46. (A) On or after December 31, 2014, no state
institution of higher education, as defined in section 3345.011 of
the Revised Code, shall charge a student who is a veteran or a
service member any fee for the evaluation of, transcription of, or
application for college credit for military experience.
(B) As used in this section:
(1) "Service member" means a person who is serving in the
armed forces of the United States.
(2) "Veteran" means any person who has completed service in
the armed forces, including the national guard of any state or a
reserve component of the armed forces, and who has been discharged
under honorable conditions from the armed forces or who has been
transferred to the reserve with evidence of satisfactory service.
Sec. 4729.12. An identification card issued by the state
board of pharmacy under section 4729.08 of the Revised Code
entitles the individual to whom it is issued to practice as a
pharmacist or as a pharmacy intern in this state until the next
annual renewal date.
Identification cards shall be renewed annually on the
fifteenth day of September, according to the standard renewal
procedure of Chapter 4745. of the Revised Code.
Each pharmacist and pharmacy intern shall carry the
identification card or renewal identification card while engaged
in the practice of pharmacy. The license shall be conspicuously
exposed at the principal place where the pharmacist or pharmacy
intern practices pharmacy.
A pharmacist or pharmacy intern who desires to continue in
the practice of pharmacy shall file with the board an application
in such form and containing such data as the board may require for
renewal of an identification card. An application filed under this
section may not be withdrawn without the approval of the board. If
the board finds that the applicant's card has not been revoked or
placed under suspension and that the applicant has paid the
renewal fee, has continued pharmacy education in accordance with
the rules of the board, and is entitled to continue in the
practice of pharmacy, the board shall issue a renewal
identification card to the applicant.
When an identification card has lapsed for more than sixty
days but application is made within three years after the
expiration of the card, the applicant shall be issued a renewal
identification card without further examination if the applicant
meets the requirements of this section and pays the fee designated
under division (E)(A)(5) of section 4729.15 of the Revised Code.
Sec. 4729.13. A pharmacist who fails to make application to
the state board of pharmacy for a renewal identification card
within a period of three years from the expiration of the
identification card must pass an examination for registration;
except that a pharmacist whose registration has expired, but who
has continually practiced pharmacy in another state under a
license issued by the authority of that state, may obtain a
renewal identification card upon payment to the executive director
of the board the fee designated under division (F)(A)(6) of
section 4729.15 of the Revised Code.
Sec. 4729.15. The (A) Except as provided in division (B) of
this section, the state board of pharmacy shall charge the
following fees:
(A)(1) For applying for a license to practice as a
pharmacist, an amount adequate to cover all rentals, compensation
for proctors, and other expenses of the board related to
examination except the expenses of procuring and grading the
examination, which fee shall not be returned if the applicant
fails to pass the examination;
(B)(2) For the examination of an applicant for licensure as a
pharmacist, an amount adequate to cover any expenses to the board
of procuring and grading the examination or any part thereof,
which fee shall not be returned if the applicant fails to pass the
examination;
(C)(3) For issuing a license and an identification card to an
individual who passes the examination described in section 4729.07
of the Revised Code, an amount that is adequate to cover the
expense;
(D)(4) For a pharmacist applying for renewal of an
identification card within sixty days after the expiration date,
ninety-seven dollars and fifty cents, which fee shall not be
returned if the applicant fails to qualify for renewal;
(E)(5) For a pharmacist applying for renewal of an
identification card that has lapsed for more than sixty days, but
for less than three years, one hundred thirty-five dollars, which
fee shall not be returned if the applicant fails to qualify for
renewal;
(F)(6) For a pharmacist applying for renewal of an
identification card that has lapsed for more than three years,
three hundred thirty-seven dollars and fifty cents, which fee
shall not be returned if the applicant fails to qualify for
renewal;
(G)(7) For a pharmacist applying for a license and
identification card, on presentation of a pharmacist license
granted by another state, three hundred thirty-seven dollars and
fifty cents, which fee shall not be returned if the applicant
fails to qualify for licensure.
(H)(8) For a license and identification card to practice as a
pharmacy intern, twenty-two dollars and fifty cents, which fee
shall not be returned if the applicant fails to qualify for
licensure;
(I)(9) For the renewal of a pharmacy intern identification
card, twenty-two dollars and fifty cents, which fee shall not be
returned if the applicant fails to qualify for renewal;
(J)(10) For issuing a replacement license to a pharmacist,
twenty-two dollars and fifty cents;
(K)(11) For issuing a replacement license to a pharmacy
intern, seven dollars and fifty cents;
(L)(12) For issuing a replacement identification card to a
pharmacist, thirty-seven dollars and fifty cents, or pharmacy
intern, seven dollars and fifty cents;
(M)(13) For certifying licensure and grades for reciprocal
licensure, ten dollars;
(N)(14) For making copies of any application, affidavit, or
other document filed in the state board of pharmacy office, an
amount fixed by the board that is adequate to cover the expense,
except that for copies required by federal or state agencies or
law enforcement officers for official purposes, no charge need be
made;
(O)(15) For certifying and affixing the seal of the board, an
amount fixed by the board that is adequate to cover the expense,
except that for certifying and affixing the seal of the board to a
document required by federal or state agencies or law enforcement
officers for official purposes, no charge need be made;
(P)(16) For each copy of a book or pamphlet that includes
laws administered by the state board of pharmacy, rules adopted by
the board, and chapters of the Revised Code with which the board
is required to comply, an amount fixed by the board that is
adequate to cover the expense of publishing and furnishing the
book or pamphlet.
(B)(1) Subject to division (B)(2) of this section, the fees
described in divisions (A)(1) to (13) of this section do not apply
to an individual who is on active duty in the armed forces of the
United States or to an individual who served in the armed forces
of the United States and presents a valid copy of the individual's
DD-214 form or an equivalent document issued by the United States
department of defense indicating that the individual is an
honorably discharged veteran.
(2) The state board of pharmacy may establish limits with
respect to the individuals for whom fees are not applicable under
division (B)(1) of this section.
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised
Code shall not prohibit service in case of emergency, domestic
administration of family remedies, or provision of assistance to
another individual who is self-administering drugs.
Sections 4731.01 to 4731.47 of the Revised Code shall not
apply to any of the following:
(1) A commissioned medical officer of the armed forces of the
United States armed forces, as defined in section 5903.11 of the
Revised Code, or an employee of the veterans administration of the
United States or the United States public health service in the
discharge of the officer's or employee's professional duties;
(2) A dentist authorized under Chapter 4715. of the Revised
Code to practice dentistry when engaged exclusively in the
practice of dentistry or when administering anesthetics in the
practice of dentistry;
(3) A physician or surgeon in another state or territory who
is a legal practitioner of medicine or surgery therein when
providing consultation to an individual holding a certificate to
practice issued under this chapter who is responsible for the
examination, diagnosis, and treatment of the patient who is the
subject of the consultation, if one of the following applies:
(a) The physician or surgeon does not provide consultation in
this state on a regular or frequent basis.
(b) The physician or surgeon provides the consultation
without compensation of any kind, direct or indirect, for the
consultation.
(c) The consultation is part of the curriculum of a medical
school or osteopathic medical school of this state or a program
described in division (A)(2) of section 4731.291 of the Revised
Code.
(4) A physician or surgeon in another state or territory who
is a legal practitioner of medicine or surgery therein and
provided services to a patient in that state or territory, when
providing, not later than one year after the last date services
were provided in another state or territory, follow-up services in
person or through the use of any communication, including oral,
written, or electronic communication, in this state to the patient
for the same condition;
(5) A physician or surgeon residing on the border of a
contiguous state and authorized under the laws thereof to practice
medicine and surgery therein, whose practice extends within the
limits of this state. Such practitioner shall not either in person
or through the use of any communication, including oral, written,
or electronic communication, open an office or appoint a place to
see patients or receive calls within the limits of this state.
(6) A board, committee, or corporation engaged in the conduct
described in division (A) of section 2305.251 of the Revised Code
when acting within the scope of the functions of the board,
committee, or corporation;
(7) The conduct of an independent review organization
accredited by the superintendent of insurance under section
3922.13 of the Revised Code for the purpose of external reviews
conducted under Chapter 3922. of the Revised Code.
As used in division (A)(1) of this section, "armed forces of
the United States" means the army, air force, navy, marine corps,
coast guard, and any other military service branch that is
designated by congress as a part of the armed forces of the United
States.
(B)(1) Subject to division (B)(2) of this section, this
chapter does not apply to a person who holds a current,
unrestricted license to practice medicine and surgery or
osteopathic medicine and surgery in another state when the person,
pursuant to a written agreement with an athletic team located in
the state in which the person holds the license, provides medical
services to any of the following while the team is traveling to or
from or participating in a sporting event in this state:
(a) A member of the athletic team;
(b) A member of the athletic team's coaching, communications,
equipment, or sports medicine staff;
(c) A member of a band or cheerleading squad accompanying the
athletic team;
(d) The athletic team's mascot.
(2) In providing medical services pursuant to division (B)(1)
of this section, the person shall not provide medical services at
a health care facility, including a hospital, an ambulatory
surgical facility, or any other facility in which medical care,
diagnosis, or treatment is provided on an inpatient or outpatient
basis.
(C) Sections 4731.51 to 4731.61 of the Revised Code do not
apply to any graduate of a podiatric school or college while
performing those acts that may be prescribed by or incidental to
participation in an accredited podiatric internship, residency, or
fellowship program situated in this state approved by the state
medical board.
(D) This chapter does not apply to an oriental medicine
practitioner or acupuncturist who complies with Chapter 4762. of
the Revised Code.
(E) This chapter does not prohibit the administration of
drugs by any of the following:
(1) An individual who is licensed or otherwise specifically
authorized by the Revised Code to administer drugs;
(2) An individual who is not licensed or otherwise
specifically authorized by the Revised Code to administer drugs,
but is acting pursuant to the rules for delegation of medical
tasks adopted under section 4731.053 of the Revised Code;
(3) An individual specifically authorized to administer drugs
pursuant to a rule adopted under the Revised Code that is in
effect on April 10, 2001, as long as the rule remains in effect,
specifically authorizing an individual to administer drugs.
(F) The exemptions described in divisions (A)(3), (4), and
(5) of this section do not apply to a physician or surgeon whose
certificate to practice issued under this chapter is under
suspension or has been revoked or permanently revoked by action of
the state medical board.
Sec. 4743.04. (A) The renewal of a license or other
authorization to practice a trade or profession issued under Title
XLVII of the Revised Code is subject to the provisions of section
5903.10 of the Revised Code relating to service in the armed
forces of the United States or a reserve component of the armed
forces of the United States, including the Ohio national guard or
the national guard of any other state.
(B) Continuing education requirements applicable to the
licensees under Title XLVII of the Revised Code are subject to the
provisions of section 5903.12 of the Revised Code relating to
active duty military service.
(C) A department, agency, or office of this state or of any
political subdivision of this state that issues a license or
certificate to practice a trade or profession may, pursuant to
rules adopted by the department, agency, or office, issue a
temporary license or certificate to practice the trade or
profession to a person whose spouse is on active military duty in
this state.
(D) The issuance of a license or other authorization to
practice a trade or profession issued under Title XLVII of the
Revised Code is subject to the provisions of section 5903.03 of
the Revised Code relating to service in the armed forces of the
United States or a reserve component of the armed forces of the
United States, including the Ohio national guard or the national
guard of any other state.
Sec. 5902.02. The duties of the director of veterans
services shall include the following:
(A) Furnishing the veterans service commissions of all
counties of the state copies of the state laws, rules, and
legislation relating to the operation of the commissions and their
offices;
(B) Upon application, assisting the general public in
obtaining records of vital statistics pertaining to veterans or
their dependents;
(C) Adopting rules pursuant to Chapter 119. of the Revised
Code pertaining to minimum qualifications for hiring, certifying,
and accrediting county veterans service officers, pertaining to
their required duties, and pertaining to revocation of the
certification of county veterans service officers;
(D) Adopting rules pursuant to Chapter 119. of the Revised
Code for the education, training, certification, and duties of
veterans service commissioners and for the revocation of the
certification of a veterans service commissioner;
(E) Developing and monitoring programs and agreements
enhancing employment and training for veterans in single or
multiple county areas;
(F) Developing and monitoring programs and agreements to
enable county veterans service commissions to address
homelessness, indigency, and other veteran-related issues
individually or jointly;
(G) Developing and monitoring programs and agreements to
enable state agencies, individually or jointly, that provide
services to veterans, including the veterans' homes operated under
Chapter 5907. of the Revised Code and the director of job and
family services, to address homelessness, indigency, employment,
and other veteran-related issues;
(H) Establishing and providing statistical reporting formats
and procedures for county veterans service commissions;
(I) Publishing electronically a listing of county veterans
service offices and county veterans service commissioners. The
listing shall include the expiration dates of commission members'
terms of office and the organizations they represent; the names,
addresses, and telephone numbers of county veterans service
offices; and the addresses and telephone numbers of the Ohio
offices and headquarters of state and national veterans service
organizations.
(J) Establishing a veterans advisory committee to advise and
assist the department of veterans services in its duties. Members
shall include a member of the national guard association of the
United States who is a resident of this state, a member of the
military officers association of America who is a resident of this
state, a state representative of congressionally chartered
veterans organizations referred to in section 5901.02 of the
Revised Code, a representative of any other congressionally
chartered state veterans organization that has at least one
veterans service commissioner in the state, three representatives
of the Ohio state association of county veterans service
commissioners, who shall have a combined vote of one, three
representatives of the state association of county veterans
service officers, who shall have a combined vote of one, one
representative of the county commissioners association of Ohio,
who shall be a county commissioner not from the same county as any
of the other county representatives, a representative of the
advisory committee on women veterans, a representative of a labor
organization, and a representative of the office of the attorney
general. The department of veterans services shall submit to the
advisory committee proposed rules for the committee's operation.
The committee may review and revise these proposed rules prior to
submitting them to the joint committee on agency rule review.
(K) Adopting, with the advice and assistance of the veterans
advisory committee, policy and procedural guidelines that the
veterans service commissions shall adhere to in the development
and implementation of rules, policies, procedures, and guidelines
for the administration of Chapter 5901. of the Revised Code. The
department of veterans services shall adopt no guidelines or rules
regulating the purposes, scope, duration, or amounts of financial
assistance provided to applicants pursuant to sections 5901.01 to
5901.15 of the Revised Code. The director of veterans services may
obtain opinions from the office of the attorney general regarding
rules, policies, procedures, and guidelines of the veterans
service commissions and may enforce compliance with Chapter 5901.
of the Revised Code.
(L) Receiving copies of form DD214 filed in accordance with
the director's guidelines adopted under division (L) of this
section from members of veterans service commissions appointed
under section 5901.02 and from county veterans service officers
employed under section 5901.07 of the Revised Code;
(M) Developing and maintaining and improving a resource, such
as a telephone answering point or a web site, by means of which
veterans and their dependents, through a single portal, can access
multiple sources of information and interaction with regard to the
rights of, and the benefits available to, veterans and their
dependents. The director of veterans services may enter into
agreements with state and federal agencies, with agencies of
political subdivisions, with state and local instrumentalities,
and with private entities as necessary to make the resource as
complete as is possible.
(N) Planning, organizing, advertising, and conducting
outreach efforts, such as conferences and fairs, at which veterans
and their dependents may meet, learn about the organization and
operation of the department of veterans services and of veterans
service commissions, and obtain information about the rights of,
and the benefits and services available to, veterans and their
dependents;
(O) Advertising, in print, on radio and television, and
otherwise, the rights of, and the benefits and services available
to, veterans and their dependents;
(P) Developing and advocating improved benefits and services
for, and improved delivery of benefits and services to, veterans
and their dependents;
(Q) Searching for, identifying, and reviewing statutory and
administrative policies that relate to veterans and their
dependents and reporting to the general assembly statutory and
administrative policies that should be consolidated in whole or in
part within the organization of the department of veterans
services to unify funding, delivery, and accounting of statutory
and administrative policy expressions that relate particularly to
veterans and their dependents;
(R) Encouraging veterans service commissions to innovate and
otherwise to improve efficiency in delivering benefits and
services to veterans and their dependents and to report successful
innovations and efficiencies to the director of veterans services;
(S) Publishing and encouraging adoption of successful
innovations and efficiencies veterans service commissions have
achieved in delivering benefits and services to veterans and their
dependents;
(T) Establishing advisory committees, in addition to the
veterans advisory committee established under division (K) of this
section, on veterans issues;
(U) Developing and maintaining a relationship with the United
States department of veterans affairs, seeking optimal federal
benefits and services for Ohio veterans and their dependents, and
encouraging veterans service commissions to maximize the federal
benefits and services to which veterans and their dependents are
entitled;
(V) Developing and maintaining relationships with the several
veterans organizations, encouraging the organizations in their
efforts at assisting veterans and their dependents, and advocating
for adequate state subsidization of the organizations;
(W) Requiring the several veterans organizations that receive
funding from the state annually, not later than the thirtieth day
of July, to report to the director of veterans services and
prescribing the form and content of the report;
(X) Reviewing the reports submitted to the director under
division (W) of this section within thirty days of receipt and
informing the veterans organization of any deficiencies that exist
in the organization's report and that funding will not be released
until the deficiencies have been corrected and a satisfactory
report submitted;
(Y) Advising the director of budget and management when a
report submitted to the director under division (W) of this
section has been reviewed and determined to be satisfactory;
(Z) Furnishing copies of all reports that the director of
veterans services has determined have been submitted
satisfactorily under division (W) of this section to the
chairperson of the finance committees of the general assembly;
(AA) Investigating complaints against county veterans
services commissioners and county veterans service officers if the
director reasonably believes the investigation to be appropriate
and necessary;
(BB) Developing and maintaining a web site that is accessible
by veterans and their dependents and provides a link to the web
site of each state agency that issues a license, certificate, or
other authorization permitting an individual to engage in an
occupation or occupational activity;
(CC) Encouraging state agencies to conduct outreach efforts
through which veterans and their dependents can learn about
available job and education benefits;
(DD) Informing state agencies about changes in statutes and
rules that affect veterans and their dependents;
(EE) Assisting licensing agencies in adopting rules under
section 5903.03 of the Revised Code;
(FF) Taking any other actions required by this chapter.
Sec. 5903.01. As used in this chapter:
"Armed forces" means the armed forces of the United States,
including the army, navy, air force, marine corps, coast guard, or
any reserve components of those forces; the national guard of any
state; the commissioned corps of the United States public health
service; the merchant marine service during wartime; such other
service as may be designated by congress; or the Ohio organized
militia when engaged in full-time national guard duty for a period
of more than thirty days.
"License" means a license, certificate, permit, or other
authorization issued or conferred by a licensing agency under
which a licensee may engage in a profession, occupation, or
occupational activity.
"Licensee" means a person to whom all of the following apply:
(A) The person has been issued a license by a licensing
agency.
(B) The person has been a member of the armed forces.
(C) The person has served on active duty, whether inside or
outside the United States, for a period in excess of thirty-one
days.
"Licensing agency" means any state department, division,
board, commission, agency, or other state governmental unit
authorized by the Revised Code to issue a license.
"Member" means any person who is serving in the armed forces.
"Merchant marine" includes the United States army transport
service and the United States naval transport service.
"Veteran" means any person who has completed service in the
armed forces, including the national guard of any state, or a
reserve component of the armed forces, who has been discharged
under honorable conditions from the armed forces or who has been
transferred to the reserve with evidence of satisfactory service.
Sec. 5903.03. (A) As used in this section:
(1) "License" and "licensing agency" have the meanings
defined in section 5903.12 of the Revised Code.
(2) "Military, "military program of training" means a
training program of the armed forces of the United States or a
reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state.
(B) Notwithstanding any provision of the Revised Code to the
contrary, a licensing agency shall consider an applicant for a
license:
(1) To have met the educational requirement for that license
if the applicant has completed a military program of training and
has been awarded a military primary specialty at a level that is
substantially equivalent to or exceeds the educational requirement
for that license; and
(2) To have met the experience requirement for that license
if the applicant has served in that military primary specialty
under honorable conditions for a period of time that is
substantially equivalent to or exceeds the experience requirement
for that license.
(C) Each licensing agency, not later than June 30, 2014,
shall adopt rules under Chapter 119. of the Revised Code regarding
which military programs of training, military primary specialties,
and lengths of service are substantially equivalent to or exceed
the educational and experience requirements for each license that
agency issues.
Sec. 5903.04. Each licensing agency shall adopt rules under
Chapter 119. of the Revised Code to establish and implement all of
the following:
(A) A process to obtain from each applicant documentation and
additional information necessary to determine if the applicant is
a member or veteran, or the spouse or surviving spouse of a member
or veteran;
(B) A process to record, track, and monitor applications that
have been received from a member, veteran, or the spouse or
surviving spouse of a member or veteran; and
(C) A process to prioritize and expedite certification or
licensing for each applicant who is a member, veteran, or the
spouse or a surviving spouse of a member or veteran.
In establishing these processes, the licensing agency shall
include any special accommodations that may be appropriate for
applicants facing imminent deployment.
Sec. 5903.05. A licensing agency shall apply for approval to
the state approving agency at the Ohio department of veterans
services as required under 38 U.S.C. 3672(a) to enable an eligible
person or veteran to receive education benefits through the United
States department of veterans affairs.
Sec. 5903.10. (A) A holder of an expired license or
certificate from this state or any political subdivision or agency
of the state to practice a trade or profession shall be granted a
renewal of the license or certificate by the issuing board or
authority at the usual cost without penalty and without
re-examination if not otherwise disqualified because of mental or
physical disability and if either of the following applies:
(1) The license or certificate was not renewed because of the
holder's service in the armed forces of the United States or a
reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state.
(2) The license or certificate was not renewed because the
holder's spouse served in the armed forces of the United States or
a reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state, and the service resulted in the holder's absence from
this state.
(B) A renewal shall not be granted under division (A) of this
section unless the holder or the holder's spouse, whichever is
applicable, has presented satisfactory evidence of the service
member's discharge under honorable conditions or release under
honorable conditions from active duty or national guard duty
within six months after the discharge or release.
Sec. 5903.11. (A) Any federally funded employment and
training program administered by any state agency including, but
not limited to, the "Workforce Investment Act of 1998," 112 Stat.
936, codified in scattered sections of 29 U.S.C., as amended,
shall include a veteran priority system to provide maximum
employment and training opportunities to veterans and eligible
persons within each targeted group as established by federal law
and state and federal policy in the service area. Disabled
veterans, veterans of the Vietnam era, other veterans, and
eligible persons shall receive preference over nonveterans within
each targeted group in the provision of employment and training
services available through these programs as required by this
section.
(B) Each state agency shall refer qualified applicants to job
openings and training opportunities in programs described in
division (A) of this section in the following order of priority:
(1) Special disabled veterans;
(2) Veterans of the Vietnam era;
(5) Other eligible persons;
(C) Each state agency providing employment and training
services to veterans and eligible persons under programs described
in division (A) of this section shall submit an annual written
report to the speaker of the house of representatives and the
president of the senate on the services that it provides to
veterans and eligible persons. Each such agency shall report
separately on all entitlement programs, employment or training
programs, and any other programs that it provides to each class of
persons described in divisions (B)(1) to (6) of this section. Each
such agency shall also report on action taken to ensure compliance
with statutory requirements. Compliance and reporting procedures
shall be in accordance with the reporting procedures then in
effect for all employment and training programs described in
division (A) of this section, with the addition of veterans as a
separate reporting module.
(D) All state agencies that administer federally funded
employment and training programs described in division (A) of this
section for veterans and eligible persons shall do all of the
following:
(1) Ensure that veterans are treated with courtesy and
respect at all state governmental facilities;
(2) Give priority in referral to jobs to qualified veterans
and other eligible persons;
(3) Give priority in referral to and enrollment in training
programs to qualified veterans and other eligible persons;
(4) Give preferential treatment to special disabled veterans
in the provision of all needed state services;
(5) Provide information and effective referral assistance to
veterans and other eligible persons regarding needed benefits and
services that may be obtained through other agencies.
(E) As used in this section:
(1) "Special disabled veteran" means a veteran who is
entitled to, or who but for the receipt of military pay would be
entitled to, compensation under any law administered by the
department of veterans affairs for a disability rated at thirty
per cent or more or a person who was discharged or released from
active duty because of a service-connected disability.
(2) "Veteran of the Vietnam era" means an eligible veteran
who served on active duty for a period of more than one hundred
eighty days, any part of which occurred from August 5, 1964,
through May 7, 1975, and was discharged or released therefrom with
other than a dishonorable discharge or a person who was discharged
or released from active duty for a service-connected disability if
any part of the active duty was performed from August 5, 1964,
through May 7, 1975.
(3) "Disabled veteran" means a veteran who is entitled to, or
who but for the receipt of military retirement pay would be
entitled to compensation, under any law administered by the
department of veterans affairs and who is not a special disabled
veteran.
(4) "Eligible veteran" means a person who served on active
duty for more than one hundred eighty days and was discharged or
released from active duty with other than a dishonorable discharge
or a person who was discharged or released from active duty
because of a service-connected disability.
(5) "Other eligible person" means one of the following:
(a) The spouse of any person who died of a service-connected
disability;
(b) The spouse of any member of the armed forces serving on
active duty who at the time of the spouse's application for
assistance under any program described in division (A) of this
section is listed pursuant to the "Act of September 6, 1966," 80
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant
thereto, as having been in one or more of the following categories
for a total of ninety or more days:
(ii) Captured in line of duty by a hostile force;
(iii) Forcibly detained or interned in line of duty by a
foreign government or power.
(c) The spouse of any person who has a total disability
permanent in nature resulting from a service-connected disability
or the spouse of a veteran who died while such a disability was in
existence.
(6) "Veteran" means either of the following:
(a) Any person a veteran as defined in section 5903.01 of the
Revised Code who was a member of the armed forces of the United
States for a period of one hundred eighty days or more or; a
person who was discharged or released from active duty because of
a service-connected disability;
(b) A or a person who served as a member of the United States
merchant marine and to whom either of the following applies:
(i)(a) The person has an honorable report of separation from
active duty military service, form DD214 or DD215.; or
(ii)(b) The person served in the United States merchant
marine between December 7, 1941, and December 31, 1946, and died
on active duty while serving in a war zone during that period of
service.
(7) "Armed forces of the United States" means the army, air
force, navy, marine corps, coast guard, and any other military
service branch that is designated by congress as a part of the
armed forces of the United States.
(8) "Employment program" means a program which provides
referral of individuals to employer job openings in the federal,
state, or private sector.
(9)(8) "Training program" means any program that upgrades the
employability of qualified applicants.
(10)(9) "Entitlement program" means any program that enlists
specific criteria in determining eligibility, including but not
limited to the existence in special segments of the general
population of specific financial needs.
(11)(10) "Targeted group" means a group of persons designated
by federal law or regulations or by state law to receive special
assistance under an employment and training program described in
division (A) of this section.
(12) "United States merchant marine" includes the United
States army transport service and the United States naval
transport service.
Sec. 5903.12. (A) As used in this section:
(1) "Continuing education" means continuing education
required of a licensee by law and includes, but is not limited to,
the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,
4761.06, and 4763.07 of the Revised Code.
(2) "License" means a license, certificate, permit, or other
authorization issued or conferred by a licensing agency under
which a licensee may engage in a profession, occupation, or
occupational activity.
(3) "Licensee" means a person to whom all of the following
apply:
(a) The person has been issued a license by a licensing
agency.
(b) The person has been a member of the armed forces of the
United States, the Ohio national guard, the Ohio military reserve,
the Ohio naval militia, the national guard of any other state, or
a reserve component of the armed forces of the United States.
(c) The person has served on active duty, whether inside or
outside the United States, for a period in excess of thirty-one
days.
(4) "Licensing agency" means any state department, division,
board, commission, agency, or other state governmental unit
authorized by the Revised Code to issue a license.
(5) "Reporting period" means the period of time during which
a licensee must complete the number of hours of continuing
education required of the licensee by law.
(B) A licensee may submit an application to a licensing
agency, stating that the licensee requires an extension of the
current reporting period because the licensee has served on active
duty as described in division (A)(3)(c) of this section during the
current or a prior reporting period. The licensee shall submit
proper documentation certifying the active duty service and the
length of that active duty service. Upon receiving the application
and proper documentation, the licensing agency shall extend the
current reporting period by an amount of time equal to the total
number of months that the licensee spent on active duty during the
current reporting period. For purposes of this division, any
portion of a month served on active duty shall be considered one
full month.
Sec. 5903.121. A "licensing agency," as defined in section
5903.12 of the Revised Code, shall consider relevant education,
training, or service completed by a licensee as a member of the
armed forces of the United States or reserve components thereof,
the Ohio national guard, the Ohio military reserve, the Ohio naval
militia, or the national guard of any other state in determining
whether a licensee has fulfilled required continuing education.
Sec. 5903.15. (A) As used in this section "employer" means
any person who has one or more employees. "Employer" includes an
agent of an employer but does not include the state or any agency
or instrumentality of the state, and any municipal corporation,
county, township, school district, or other political subdivision
or any agency or instrumentality thereof.
(B) An employer may adopt a policy to provide a preference
for employment decisions, including hiring, promotion, or
retention during a reduction in force, to a member, veteran, or
the spouse or a surviving spouse of a member or veteran.
(C) A preference provided under division (B) of this section
is not a violation of any state or local equal employment
opportunity law. The unlawful discriminatory practices as defined
in section 4112.02 of the Revised Code do not make it unlawful for
an employer implementing a policy under this section to obtain
information about an applicant's military status for the purpose
of determining if the applicant is eligible for the preference
provided under this policy.
(D) If an employer elects to adopt a policy described in
division (B) of this section, the employer shall notify the Ohio
department of job and family services. The department shall
maintain a registry of employers that have a voluntary veterans'
preference employment policy as described in this section, which
shall be available to the public on the web site maintained by the
department.
Sec. 5907.01. (A) As used in this chapter:
(1) "Armed forces of the United States" has the same meaning
as in section 5903.11 of the Revised Code means the army, air
force, navy, marine corps, coast guard, and any other military
service branch that is designated by congress as a part of the
armed forces of the United States.
(2) "Domiciliary" means a separate area within the Ohio
veterans' home providing domiciliary care.
(3) "Domiciliary care" means providing shelter, food, and
necessary medical care on an ambulatory self-care basis to
eligible veterans who do not need the nursing services provided in
nursing homes.
(4) "Nursing home" has the same meaning as in section 3721.01
of the Revised Code.
(5) "Veteran" has the same meaning as in section 5901.01 of
the Revised Code.
(B) There are hereby established the Ohio veterans' homes
within the department of veterans services. The department shall
maintain and operate state veterans' homes as administered under
the state veterans' home programs defined in Title 38 of the
United States Code.
Sec. 5907.04. Subject As used in this section, "armed forces
of the United States" means the army, air force, navy, marine
corps, coast guard, and any other military service branch that is
designated by congress as a part of the armed forces of the United
States.
Subject to the following paragraph, all veterans, who served
during a period of conflict as determined by the United States
department of veterans affairs or any person who is awarded either
the armed forces expeditionary medal established by presidential
executive order 10977 dated December 4, 1961, or the Vietnam
service medal established by presidential executive order 11231
dated July 8, 1965, who have been honorably discharged or
separated under honorable conditions therefrom, or any discharged
members of the Polish and Czechoslovakian armed forces who served
in armed conflict with an enemy of the United States in World War
II who have been citizens of the United States for at least ten
years, provided that the above-mentioned persons have been
citizens of this state for one year or more at the date of making
application for admission, are disabled by disease, wounds, or
otherwise, and are by reason of such disability incapable of
earning their living, and all members of the Ohio national guard
or naval militia who have lost an arm or leg, or their sight, or
become permanently disabled from any cause, while in the line and
discharge of duty, and are not able to support themselves, may be
admitted to a veterans' home under such rules as the director of
veterans services adopts.
A veteran who served in the armed forces of the United States
as defined in division (E)(7) of section 5903.11 of the Revised
Code is eligible for admission to a veterans' home under the
preceding paragraph only if the person has the characteristics
defined in division (B)(1) of section 5901.01 of the Revised Code.
Veterans' homes may reserve a bed during the temporary
absence of a resident or patient from the home, including a
nursing home within it, under conditions prescribed by the
director, to include hospitalization for an acute condition,
visits with relatives and friends, and participation in
therapeutic programs outside the home. A home shall not reserve a
bed for more than thirty days, except that absences for more than
thirty days due to hospitalization may be authorized.
Section 2. That existing sections 2913.01, 2913.02, 2913.43,
2913.49, 2913.61, 4729.12, 4729.13, 4729.15, 4731.36, 4743.04,
5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01,
and 5907.04 of the Revised Code are hereby repealed.
Section 3. The Director of Veterans Services shall implement
divisions (BB) to (EE) of section 5902.02 of the Revised Code not
later than December 31, 2014.
Section 4. A licensing agency that is required to adopt
rules under section 5903.04 of the Revised Code shall adopt
initial rules not later than December 31, 2014.
Section 5. State agencies that are required to apply for
approval to the State Approving Agency at the Ohio Department of
Veterans Services under section 5903.05 of the Revised Code shall
do so initially not later than December 31, 2014.
Section 6. Section 4731.36 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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