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S. B. No. 188 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Smith, Brown
A BILL
To amend sections 4723.43, 4732.01, 4732.17, and
4757.01 and to enact sections 4731.30, 4732.29,
and 4757.35 of the Revised Code to prohibit
persons licensed or certified, or in training to
be licensed or certified, in occupations that
provide professional counseling from engaging in
sexual orientation change efforts with a person
under eighteen years of age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4723.43, 4732.01, 4732.17, and
4757.01 be amended and sections 4731.30, 4732.29, and 4757.35 of
the Revised Code be enacted to read as follows:
Sec. 4723.43. A certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner may provide to individuals and groups nursing
care that requires knowledge and skill obtained from advanced
formal education and clinical experience. In this capacity as an
advanced practice registered nurse, a certified nurse-midwife is
subject to division (A) of this section, a certified registered
nurse anesthetist is subject to division (B) of this section, a
certified nurse practitioner is subject to division (C) of this
section, and a clinical nurse specialist is subject to division
(D) of this section.
(A) A nurse authorized to practice as a certified
nurse-midwife, in collaboration with one or more physicians, may
provide the management of preventive services and those primary
care services necessary to provide health care to women
antepartally, intrapartally, postpartally, and gynecologically,
consistent with the nurse's education and certification, and in
accordance with rules adopted by the board of nursing.
No certified nurse-midwife may perform version, deliver
breech or face presentation, use forceps, do any obstetric
operation, or treat any other abnormal condition, except in
emergencies. Division (A) of this section does not prohibit a
certified nurse-midwife from performing episiotomies or normal
vaginal deliveries, or repairing vaginal tears. A certified
nurse-midwife who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code may, in collaboration with one
or more physicians, prescribe drugs and therapeutic devices in
accordance with section 4723.481 of the Revised Code.
(B) A nurse authorized to practice as a certified registered
nurse anesthetist, with the supervision and in the immediate
presence of a physician, podiatrist, or dentist, may administer
anesthesia and perform anesthesia induction, maintenance, and
emergence, and may perform with supervision preanesthetic
preparation and evaluation, postanesthesia care, and clinical
support functions, consistent with the nurse's education and
certification, and in accordance with rules adopted by the board.
A certified registered nurse anesthetist is not required to obtain
a certificate to prescribe in order to provide the anesthesia care
described in this division.
The physician, podiatrist, or dentist supervising a certified
registered nurse anesthetist must be actively engaged in practice
in this state. When a certified registered nurse anesthetist is
supervised by a podiatrist, the nurse's scope of practice is
limited to the anesthesia procedures that the podiatrist has the
authority under section 4731.51 of the Revised Code to perform. A
certified registered nurse anesthetist may not administer general
anesthesia under the supervision of a podiatrist in a podiatrist's
office. When a certified registered nurse anesthetist is
supervised by a dentist, the nurse's scope of practice is limited
to the anesthesia procedures that the dentist has the authority
under Chapter 4715. of the Revised Code to perform.
(C) A nurse authorized to practice as a certified nurse
practitioner, in collaboration with one or more physicians or
podiatrists, may provide preventive and primary care services,
provide services for acute illnesses, and evaluate and promote
patient wellness within the nurse's nursing specialty, consistent
with the nurse's education and certification, and in accordance
with rules adopted by the board. A certified nurse practitioner
who holds a certificate to prescribe issued under section 4723.48
of the Revised Code may, in collaboration with one or more
physicians or podiatrists, prescribe drugs and therapeutic devices
in accordance with section 4723.481 of the Revised Code.
When a certified nurse practitioner is collaborating with a
podiatrist, the nurse's scope of practice is limited to the
procedures that the podiatrist has the authority under section
4731.51 of the Revised Code to perform.
(D)(1) A nurse authorized to practice as a clinical nurse
specialist, in collaboration with one or more physicians or
podiatrists, may provide and manage the care of individuals and
groups with complex health problems and provide health care
services that promote, improve, and manage health care within the
nurse's nursing specialty, consistent with the nurse's education
and in accordance with rules adopted by the board. A clinical
nurse specialist who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code may, in collaboration with one
or more physicians or podiatrists, prescribe drugs and therapeutic
devices in accordance with section 4723.481 of the Revised Code.
When a clinical nurse specialist is collaborating with a
podiatrist, the nurse's scope of practice is limited to the
procedures that the podiatrist has the authority under section
4731.51 of the Revised Code to perform.
(2)(a) A clinical nurse specialist licensed under this
chapter who practices the nursing specialty of mental health or
psychiatric mental health who performs counseling, or a clinical
nurse specialist who performs counseling as part of the
specialist's training, shall not engage in sexual orientation
change efforts with any person under eighteen years of age.
(b) "Sexual orientation change efforts" has the same meaning
as in section 4757.01 of the Revised Code.
Sec. 4731.30. (A) A physician licensed under this chapter who
satisfactorily completed a residency training program in
psychiatry and who performs counseling in the course of the
professional practice of psychiatry, or a physician who performs
counseling as part of the physician's training, shall not engage
in sexual orientation change efforts with any person under
eighteen years of age.
(B) "Sexual orientation change efforts" has the same meaning
as in section 4757.01 of the Revised Code.
Sec. 4732.01. As used in sections 4732.01 to 4732.25 of the
Revised Code this chapter:
(A) "Psychologist" means any person who holds self out to the
public by any title or description of services incorporating the
words "psychologic," "psychological," "psychologist,"
"psychology," or any other terms that imply the person is trained,
experienced, or an expert in the field of psychology.
(B) "The practice of psychology" means rendering or offering
to render to individuals, groups, organizations, or the public any
service involving the application of psychological
procedures to
assessment, diagnosis, prevention, treatment, or amelioration of
psychological problems or emotional or mental disorders of
individuals or groups; or to the assessment or improvement of
psychological adjustment or functioning of individuals or groups,
whether or not there is a diagnosable pre-existing psychological
problem. Practice of psychology includes the practice of school
psychology. For purposes of this chapter, teaching or research
shall not be regarded as the practice of psychology, even when
dealing with psychological subject matter, provided it does not
otherwise involve the professional practice of psychology in which
patient or client welfare is directly affected.
(C) "Psychological procedures" include but are not restricted
to application of principles, methods, or procedures of
understanding, predicting, or influencing behavior, such as the
principles pertaining to learning, conditioning, perception,
motivation, thinking, emotions, or interpersonal relationships;
the methods or procedures of verbal interaction, interviewing,
counseling, behavior modification, environmental manipulation,
group process, psychological psychotherapy, or hypnosis; and the
methods or procedures of administering or interpreting tests of
mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, or motivation.
(D) "School psychologist" means any person who holds self out
to the public by any title or description of services
incorporating the words "school psychologist" or "school
psychology," or who holds self out to be trained, experienced, or
an expert in the practice of school psychology.
(E) "Practice of school psychology" means rendering or
offering to render to individuals, groups, organizations, or the
public any of the following services:
(1) Evaluation, diagnosis, or test interpretation limited to
assessment of intellectual ability, learning patterns,
achievement, motivation, or personality factors directly related
to learning problems in an educational setting;
(2) Counseling services for children or adults for
amelioration or prevention of educationally related learning
problems;
(3) Educational or vocational consultation or direct
educational services. This does not include industrial
consultation or counseling services to clients undergoing
vocational rehabilitation.
(F) "Licensed psychologist" means an individual holding a
current, valid license to practice psychology issued under section
4732.12 or 4732.15 of the Revised Code.
(G) "Licensed school psychologist" means an individual
holding a current, valid license to practice school psychology
issued under section 4732.12 or 4732.15 of the Revised Code.
(H) "Certificated school psychologist" means an individual
holding a current, valid school psychologist certificate issued
under division (M) of section 3319.22 of the Revised Code.
(I) "Mental health professional" and "mental health service"
have the same meanings as in section 2305.51 of the Revised Code.
(J) "Sexual orientation change efforts" has the same meaning
as in section 4757.01 of the Revised Code.
Sec. 4732.17. (A) The state board of psychology may refuse
to issue a license to any applicant, may issue a reprimand, or
suspend or revoke the license of any licensed psychologist or
licensed school psychologist, on any of the following grounds:
(1) Conviction of a felony, or of any offense involving moral
turpitude, in a court of this or any other state or in a federal
court;
(2) Using fraud or deceit in the procurement of the license
to practice psychology or school psychology or knowingly assisting
another in the procurement of such a license through fraud or
deceit;
(3) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(4) Willful, unauthorized communication of information
received in professional confidence;
(5) Being negligent in the practice of psychology or school
psychology;
(6) Using any controlled substance or alcoholic beverage to
an extent that such use impairs the person's ability to perform
the work of a psychologist or school psychologist with safety to
the public;
(7) Subject to section 4732.28 of the Revised Code, violating
any rule of professional conduct promulgated by the board;
(8) Practicing in an area of psychology for which the person
is clearly untrained or incompetent;
(9) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for
the purpose of holding the license. Such person may have the
person's license issued or restored only upon determination by a
court that the person is competent for the purpose of holding the
license and upon the decision by the board that such license be
issued or restored. The board may require an examination prior to
such issuance or restoration.
(10) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers psychological
services, would otherwise be required to pay if the waiver is used
as an enticement to a patient or group of patients to receive
health care services from that provider;
(11) Advertising that the person will waive the payment of
all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers psychological services, would otherwise be
required to pay;
(12) Violating section 4732.29 of the Revised Code;
(13) Notwithstanding division (A)(10) and (11) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(a) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copays shall
be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Such consent
shall be made available to the board upon request.
(b) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(B) Except as provided in section 4732.171 of the Revised
Code, before the board may deny, suspend, or revoke a license
under this section, or otherwise discipline the holder of a
license, written charges shall be filed with the board by the
secretary and a hearing shall be had thereon in accordance with
Chapter 119. of the Revised Code.
Sec. 4732.29. A person licensed under this chapter, or a
person seeking licensure who performs counseling or other
psychological procedures as part of the person's training, shall
not engage in sexual orientation change efforts with any person
under eighteen years of age.
Sec. 4757.01. As used in this chapter:
(A) "Practice of professional counseling" means rendering or
offering to render to individuals, groups, organizations, or the
general public a counseling service involving the application of
clinical counseling principles, methods, or procedures to assist
individuals in achieving more effective personal, social,
educational, or career development and adjustment, including the
diagnosis and treatment of mental and emotional disorders.
(B) "Clinical counseling principles, methods, or procedures"
means an approach to counseling that emphasizes the counselor's
role in systematically assisting clients through all of the
following: assessing and analyzing background and current
information, diagnosing mental and emotional disorders, exploring
possible solutions, and developing and providing a treatment plan
for mental and emotional adjustment or development. "Clinical
counseling principles, methods, or procedures" includes at least
counseling, appraisal, consulting, and referral.
(C) "Practice of social work" means the application of
specialized knowledge of human development and behavior and
social, economic, and cultural systems in directly assisting
individuals, families, and groups in a clinical setting to improve
or restore their capacity for social functioning, including
counseling, the use of psychosocial interventions, and the use of
social psychotherapy, which includes the diagnosis and treatment
of mental and emotional disorders.
(D) "Accredited educational institution" means an institution
accredited by a national or regional accrediting agency accepted
by the board of regents.
(E) "Scope of practice" means the services, methods, and
techniques in which and the areas for which a person licensed or
registered under this chapter is trained and qualified.
(F) "Mental and emotional disorders" means those disorders
that are classified in accepted nosologies such as the
international classification of diseases and the diagnostic and
statistical manual of mental disorders and in future editions of
those nosologies.
(G) "Marriage and family therapy" means the diagnosis,
evaluation, assessment, counseling, management and treatment of
mental and emotional disorders, whether cognitive, affective, or
behavioral, within the context of marriage and family systems,
through the professional application of marriage and family
therapies and techniques.
(H) "Practice of marriage and family therapy" means the
diagnosis, treatment, evaluation, assessment, counseling, and
management, of mental and emotional disorders, whether cognitive,
affective or behavioral, within the context of marriage and family
systems, to individuals, couples, and families, singly or in
groups, whether those services are offered directly to the general
public or through public or private organizations, for a fee,
salary or other consideration through the professional application
of marriage and family theories, therapies, and techniques,
including, but not limited to psychotherapeutic theories,
therapies and techniques that marriage and family therapists are
educated and trained to perform.
(I) "Sexual orientation change efforts" means the practice of
seeking to change a person's sexual orientation, including efforts
to change behaviors, gender identity, or gender expressions, or to
reduce or eliminate sexual or romantic attractions or feelings
toward a person of the same gender. "Sexual orientation change
efforts" does not mean counseling for a person seeking to
transition from one gender to another, counseling that provides
acceptance, support, and understanding of a person or facilitates
a person's coping, social support, and identity exploration and
development, including sexual orientation-neutral interventions to
prevent or address unlawful conduct or unsafe sexual practices, or
counseling that does not seek to change sexual orientation.
Sec. 4757.35. A person licensed or certified under this
chapter, or a person seeking licensure or certification under this
chapter who performs counseling, marriage and family therapy, or
social work as part of the person's training, shall not engage in
sexual orientation change efforts with any person under eighteen
years of age.
Section 2. That existing sections 4723.43, 4732.01, 4732.17,
and 4757.01 of the Revised Code are hereby repealed.
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