As Reported by the House Health and Aging Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 232

Representatives Sears, Milkovich 

Cosponsors: Representatives Gonzales, Hackett, Stebelton, Smith, Johnson, DeVitis, Letson, Ramos, Stinziano, Wachtmann, Cera, Pelanda, Stautberg, Antonio, Barnes, Bishoff, Brown 

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A BILL

To amend sections 1701.03, 1705.03, 1705.04, 1705.53,

1

1785.01, 1785.02, 1785.03, 2152.72, 2305.234,

2

2305.51, 2317.02, 2921.22, 2925.01, 2951.041,

3

3107.014, 3701.046, 3701.74, 3709.161, 3721.21,

4

3923.28, 3923.281, 3923.282, 3923.30, 3963.01,

5

4723.16, 4725.33, 4729.161, 4731.226, 4731.65,

6

4732.28, 4734.17, 4734.41, 4755.471, 4757.01,

7

4757.02, 4757.03, 4757.04, 4757.10, 4757.11,

8

4757.16, 4757.21, 4757.22, 4757.23, 4757.26,

9

4757.27, 4757.28, 4757.29, 4757.30, 4757.31,

10

4757.33, 4757.34, 4757.36, 4757.38, 4757.41,

11

4757.43, 4758.40, 4758.41, 4758.55, 4758.561,

12

4758.59, 4758.61, 4769.01, 5101.61, and 5123.61;

13

to enact sections 4757.13, 4757.321, and 4757.37;

14

and to repeal section 4757.12 of the Revised Code

15

to modify the laws governing professional

16

counselors, social workers, and marriage and

17

family therapists.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,	19
1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51, 2317.02,	20
2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74, 3709.161,	21
3721.21, 3923.28, 3923.281, 3923.282, 3923.30, 3963.01, 4723.16,	22
4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4734.41,	23
4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10, 4757.11,	24
4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27, 4757.28,	25
4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36, 4757.38,	26
4757.41, 4757.43, 4758.40, 4758.41, 4758.55, 4758.561, 4758.59,	27
4758.61, 4769.01, 5101.61, and 5123.61 be amended and sections	28
4757.13, 4757.321, and 4757.37 of the Revised Code be enacted to	29
read as follows:	30

Sec. 1701.03.  (A) A corporation may be formed under this	31
chapter for any purpose or combination of purposes for which	32
individuals lawfully may associate themselves, except that, if the	33
Revised Code contains special provisions pertaining to the	34
formation of any designated type of corporation other than a	35
professional association, as defined in section 1785.01 of the	36
Revised Code, a corporation of that type shall be formed in	37
accordance with the special provisions.	38

(B) On and after July 1, 1994, a corporation may be formed	39
under this chapter for the purpose of carrying on the practice of	40
any profession, including, but not limited to, a corporation for	41
the purpose of providing public accounting or certified public	42
accounting services, a corporation for the erection, owning, and	43
conducting of a sanitarium for receiving and caring for patients,	44
medical and hygienic treatment of patients, and instruction of	45
nurses in the treatment of disease and in hygiene, a corporation	46
for the purpose of providing architectural, landscape	47
architectural, professional engineering, or surveying services or	48
any combination of those types of services, and a corporation for	49
the purpose of providing a combination of the professional	50
services, as defined in section 1785.01 of the Revised Code, of	51
optometrists authorized under Chapter 4725. of the Revised Code,	52
chiropractors authorized under Chapter 4734. of the Revised Code	53
to practice chiropractic or acupuncture, psychologists authorized	54
under Chapter 4732. of the Revised Code, registered or licensed	55
practical nurses authorized under Chapter 4723. of the Revised	56
Code, pharmacists authorized under Chapter 4729. of the Revised	57
Code, physical therapists authorized under sections 4755.40 to	58
4755.56 of the Revised Code, occupational therapists authorized	59
under sections 4755.04 to 4755.13 of the Revised Code,	60
mechanotherapists authorized under section 4731.151 of the Revised	61
Code, and doctors of medicine and surgery, osteopathic medicine	62
and surgery, or podiatric medicine and surgery authorized under	63
Chapter 4731. of the Revised Code, and licensed professional	64
clinical counselors, licensed professional counselors, independent	65
social workers, social workers, independent marriage and family	66
therapists, or marriage and family therapists authorized under	67
Chapter 4757. of the Revised Code.	68

This chapter does not restrict, limit, or otherwise affect	69
the authority or responsibilities of any agency, board,	70
commission, department, office, or other entity to license,	71
register, and otherwise regulate the professional conduct of	72
individuals or organizations of any kind rendering professional	73
services, as defined in section 1785.01 of the Revised Code, in	74
this state or to regulate the practice of any profession that is	75
within the jurisdiction of the agency, board, commission,	76
department, office, or other entity, notwithstanding that an	77
individual is a director, officer, employee, or other agent of a	78
corporation formed under this chapter and is rendering	79
professional services or engaging in the practice of a profession	80
through a corporation formed under this chapter or that the	81
organization is a corporation formed under this chapter.	82

(C) Nothing in division (A) or (B) of this section precludes	83
the organization of a professional association in accordance with	84
this chapter and Chapter 1785. of the Revised Code or the	85
formation of a limited liability company under Chapter 1705. of	86
the Revised Code with respect to a business, as defined in section	87
1705.01 of the Revised Code.	88

(D) No corporation formed for the purpose of providing a	89
combination of the professional services, as defined in section	90
1785.01 of the Revised Code, of optometrists authorized under	91
Chapter 4725. of the Revised Code, chiropractors authorized under	92
Chapter 4734. of the Revised Code to practice chiropractic or	93
acupuncture, psychologists authorized under Chapter 4732. of the	94
Revised Code, registered or licensed practical nurses authorized	95
under Chapter 4723. of the Revised Code, pharmacists authorized	96
under Chapter 4729. of the Revised Code, physical therapists	97
authorized under sections 4755.40 to 4755.56 of the Revised Code,	98
occupational therapists authorized under sections 4755.04 to	99
4755.13 of the Revised Code, mechanotherapists authorized under	100
section 4731.151 of the Revised Code, and doctors of medicine and	101
surgery, osteopathic medicine and surgery, or podiatric medicine	102
and surgery authorized under Chapter 4731. of the Revised Code,	103
and licensed professional clinical counselors, licensed	104
professional counselors, independent social workers, social	105
workers, independent marriage and family therapists, or marriage	106
and family therapists authorized under Chapter 4757. of the	107
Revised Code shall control the professional clinical judgment	108
exercised within accepted and prevailing standards of practice of	109
a licensed, certificated, or otherwise legally authorized	110
optometrist, chiropractor, chiropractor practicing acupuncture	111
through the state chiropractic board, psychologist, nurse,	112
pharmacist, physical therapist, occupational therapist,	113
mechanotherapist, or doctor of medicine and surgery, osteopathic	114
medicine and surgery, or podiatric medicine and surgery, licensed	115
professional clinical counselor, licensed professional counselor,	116
independent social worker, social worker, independent marriage and	117
family therapist, or marriage and family therapist in rendering	118
care, treatment, or professional advice to an individual patient.	119

This division does not prevent a hospital, as defined in	120
section 3727.01 of the Revised Code, insurer, as defined in	121
section 3999.36 of the Revised Code, or intermediary organization,	122
as defined in section 1751.01 of the Revised Code, from entering	123
into a contract with a corporation described in this division that	124
includes a provision requiring utilization review, quality	125
assurance, peer review, or other performance or quality standards.	126
Those activities shall not be construed as controlling the	127
professional clinical judgment of an individual practitioner	128
listed in this division.	129

Sec. 1705.03.  (A) A limited liability company may sue and be	130
sued.	131

(B) Unless otherwise provided in its articles of	132
organization, a limited liability company may take property of any	133
description or any interest in property of any description by	134
gift, devise, or bequest and may make donations for the public	135
welfare or for charitable, scientific, or educational purposes.	136

(C) In carrying out the purposes stated in its articles of	137
organization or operating agreement and subject to limitations	138
prescribed by law or in its articles of organization or its	139
operating agreement, a limited liability company may do all of the	140
following:	141

(1) Purchase or otherwise acquire, lease as lessee or lessor,	142
invest in, hold, use, encumber, sell, exchange, transfer, and	143
dispose of property of any description or any interest in property	144
of any description;	145

(2) Make contracts;

146

(3) Form or acquire the control of other domestic or foreign	147
limited liability companies;	148

(4) Be a shareholder, partner, member, associate, or	149
participant in other profit or nonprofit enterprises or ventures;	150

(5) Conduct its affairs in this state and elsewhere;

151

(6) Render in this state and elsewhere a professional	152
service, the kinds of professional services authorized under	153
Chapters 4703. and 4733. of the Revised Code, or a combination of	154
the professional services of optometrists authorized under Chapter	155
4725. of the Revised Code, chiropractors authorized under Chapter	156
4734. of the Revised Code to practice chiropractic or acupuncture,	157
psychologists authorized under Chapter 4732. of the Revised Code,	158
registered or licensed practical nurses authorized under Chapter	159
4723. of the Revised Code, pharmacists authorized under Chapter	160
4729. of the Revised Code, physical therapists authorized under	161
sections 4755.40 to 4755.56 of the Revised Code, occupational	162
therapists authorized under sections 4755.04 to 4755.13 of the	163
Revised Code, mechanotherapists authorized under section 4731.151	164
of the Revised Code, and doctors of medicine and surgery,	165
osteopathic medicine and surgery, or podiatric medicine and	166
surgery authorized under Chapter 4731. of the Revised Code, and	167
licensed professional clinical counselors, licensed professional	168
counselors, independent social workers, social workers,	169
independent marriage and family therapists, or marriage and family	170
therapists authorized under Chapter 4757. of the Revised Code;	171

(7) Borrow money;

172

(8) Issue, sell, and pledge its notes, bonds, and other	173
evidences of indebtedness;	174

(9) Secure any of its obligations by mortgage, pledge, or	175
deed of trust of all or any of its property;	176

(10) Guarantee or secure obligations of any person;

177

(11) Do all things permitted by law and exercise all	178
authority within or incidental to the purposes stated in its	179
articles of organization.	180

(D) In addition to the authority conferred by division (C) of	181
this section and irrespective of the purposes stated in its	182
articles of organization or operating agreement but subject to any	183
limitations stated in those articles or its operating agreement, a	184
limited liability company may invest funds not currently needed in	185
its business in any securities if the investment does not cause	186
the company to acquire control of another enterprise whose	187
activities and operations are not incidental to the purposes	188
stated in the articles of organization of the company.	189

(E)(1) No lack of authority or limitation upon the authority	190
of a limited liability company shall be asserted in any action	191
except as follows:	192

(a) By the state in an action by it against the company;

193

(b) By or on behalf of the company in an action against a	194
manager, an officer, or any member as a member;	195

(c) By a member as a member in an action against the company,	196
a manager, an officer, or any member as a member;	197

(d) In an action involving an alleged improper issue of a	198
membership interest in the company.	199

(2) Division (E)(1) of this section applies to any action	200
commenced in this state upon any contract made in this state by a	201
foreign limited liability company.	202

Sec. 1705.04.  (A) One or more persons, without regard to	203
residence, domicile, or state of organization, may form a limited	204
liability company. The articles of organization shall be signed	205
and filed with the secretary of state and shall set forth all of	206
the following:	207

(1) The name of the company;

208

(2) Except as provided in division (B) of this section, the	209
period of its duration, which may be perpetual;	210

(3) Any other provisions that are from the operating	211
agreement or that are not inconsistent with applicable law and	212
that the members elect to set out in the articles for the	213
regulation of the affairs of the company.	214

The legal existence of the company begins upon the filing of	215
the articles of organization or on a later date specified in the	216
articles of organization that is not more than ninety days after	217
the filing.	218

(B) If the articles of organization or operating agreement do	219
not set forth the period of the duration of the limited liability	220
company, its duration shall be perpetual.	221

(C) If a limited liability company is formed under this	222
chapter for the purpose of rendering a professional service, the	223
kinds of professional services authorized under Chapters 4703. and	224
4733. of the Revised Code, or a combination of the professional	225
services of optometrists authorized under Chapter 4725. of the	226
Revised Code, chiropractors authorized under Chapter 4734. of the	227
Revised Code to practice chiropractic or acupuncture,	228
psychologists authorized under Chapter 4732. of the Revised Code,	229
registered or licensed practical nurses authorized under Chapter	230
4723. of the Revised Code, pharmacists authorized under Chapter	231
4729. of the Revised Code, physical therapists authorized under	232
sections 4755.40 to 4755.56 of the Revised Code, occupational	233
therapists authorized under sections 4755.04 to 4755.13 of the	234
Revised Code, mechanotherapists authorized under section 4731.151	235
of the Revised Code, and doctors of medicine and surgery,	236
osteopathic medicine and surgery, or podiatric medicine and	237
surgery authorized under Chapter 4731. of the Revised Code, and	238
licensed professional clinical counselors, licensed professional	239
counselors, independent social workers, social workers,	240
independent marriage and family therapists, or marriage and family	241
therapists authorized under Chapter 4757. of the Revised Code the	242
following apply:	243

(1) Each member, employee, or other agent of the company who	244
renders a professional service in this state and, if the	245
management of the company is not reserved to its members, each	246
manager of the company who renders a professional service in this	247
state shall be licensed, certificated, or otherwise legally	248
authorized to render in this state the same kind of professional	249
service; if applicable, the kinds of professional services	250
authorized under Chapters 4703. and 4733. of the Revised Code; or,	251
if applicable, any of the kinds of professional services of	252
optometrists authorized under Chapter 4725. of the Revised Code,	253
chiropractors authorized under Chapter 4734. of the Revised Code	254
to practice chiropractic or acupuncture, psychologists authorized	255
under Chapter 4732. of the Revised Code, registered or licensed	256
practical nurses authorized under Chapter 4723. of the Revised	257
Code, pharmacists authorized under Chapter 4729. of the Revised	258
Code, physical therapists authorized under sections 4755.40 to	259
4755.56 of the Revised Code, occupational therapists authorized	260
under sections 4755.04 to 4755.13 of the Revised Code,	261
mechanotherapists authorized under section 4731.151 of the Revised	262
Code, or doctors of medicine and surgery, osteopathic medicine and	263
surgery, or podiatric medicine and surgery authorized under	264
Chapter 4731. of the Revised Code, or licensed professional	265
clinical counselors, licensed professional counselors, independent	266
social workers, social workers, independent marriage and family	267
therapists, or marriage and family therapists authorized under	268
Chapter 4757. of the Revised Code.	269

(2) Each member, employee, or other agent of the company who	270
renders a professional service in another state and, if the	271
management of the company is not reserved to its members, each	272
manager of the company who renders a professional service in	273
another state shall be licensed, certificated, or otherwise	274
legally authorized to render that professional service in the	275
other state.	276

(D) Except for the provisions of this chapter pertaining to	277
the personal liability of members, employees, or other agents of a	278
limited liability company and, if the management of the company is	279
not reserved to its members, the personal liability of managers of	280
the company, this chapter does not restrict, limit, or otherwise	281
affect the authority or responsibilities of any agency, board,	282
commission, department, office, or other entity to license,	283
certificate, register, and otherwise regulate the professional	284
conduct of individuals or organizations of any kind rendering	285
professional services in this state or to regulate the practice of	286
any profession that is within the jurisdiction of the agency,	287
board, commission, department, office, or other entity,	288
notwithstanding that the individual is a member or manager of a	289
limited liability company and is rendering the professional	290
services or engaging in the practice of the profession through the	291
limited liability company or that the organization is a limited	292
liability company.	293

(E) No limited liability company formed for the purpose of	294
providing a combination of the professional services, as defined	295
in section 1785.01 of the Revised Code, of optometrists authorized	296
under Chapter 4725. of the Revised Code, chiropractors authorized	297
under Chapter 4734. of the Revised Code to practice chiropractic	298
or acupuncture, psychologists authorized under Chapter 4732. of	299
the Revised Code, registered or licensed practical nurses	300
authorized under Chapter 4723. of the Revised Code, pharmacists	301
authorized under Chapter 4729. of the Revised Code, physical	302
therapists authorized under sections 4755.40 to 4755.56 of the	303
Revised Code, occupational therapists authorized under sections	304
4755.04 to 4755.13 of the Revised Code, mechanotherapists	305
authorized under section 4731.151 of the Revised Code, and doctors	306
of medicine and surgery, osteopathic medicine and surgery, or	307
podiatric medicine and surgery authorized under Chapter 4731. of	308
the Revised Code, and licensed professional clinical counselors,	309
licensed professional counselors, independent social workers,	310
social workers, independent marriage and family therapists, or	311
marriage and family therapists authorized under Chapter 4757. of	312
the Revised Code shall control the professional clinical judgment	313
exercised within accepted and prevailing standards of practice of	314
a licensed, certificated, or otherwise legally authorized	315
optometrist, chiropractor, chiropractor practicing acupuncture	316
through the state chiropractic board, psychologist, nurse,	317
pharmacist, physical therapist, occupational therapist,	318
mechanotherapist, or doctor of medicine and surgery, osteopathic	319
medicine and surgery, or podiatric medicine and surgery, licensed	320
professional clinical counselor, licensed professional counselor,	321
independent social worker, social worker, independent marriage and	322
family therapist, or marriage and family therapist in rendering	323
care, treatment, or professional advice to an individual patient.	324

This division does not prevent a hospital, as defined in	325
section 3727.01 of the Revised Code, insurer, as defined in	326
section 3999.36 of the Revised Code, or intermediary organization,	327
as defined in section 1751.01 of the Revised Code, from entering	328
into a contract with a limited liability company described in this	329
division that includes a provision requiring utilization review,	330
quality assurance, peer review, or other performance or quality	331
standards. Those activities shall not be construed as controlling	332
the professional clinical judgment of an individual practitioner	333
listed in this division.	334

Sec. 1705.53.  Subject to any contrary provisions of the Ohio	335
Constitution, the laws of the state under which a foreign limited	336
liability company is organized govern its organization and	337
internal affairs and the liability of its members. A foreign	338
limited liability company may not be denied a certificate of	339
registration as a foreign limited liability company in this state	340
because of any difference between the laws of the state under	341
which it is organized and the laws of this state. However, a	342
foreign limited liability company that applies for registration	343
under this chapter to render a professional service in this state,	344
as a condition to obtaining and maintaining a certificate of	345
registration, shall comply with the requirements of division (C)	346
of section 1705.04 of the Revised Code and shall comply with the	347
requirements of Chapters 4703. and 4733. of the Revised Code if	348
the kinds of professional services authorized under those chapters	349
are to be rendered or with the requirements of Chapters 4723.,	350
4725., 4729., 4731., 4732., 4734., and 4755., and 4757. of the	351
Revised Code if a combination of the professional services of	352
optometrists authorized under Chapter 4725. of the Revised Code,	353
chiropractors authorized under Chapter 4734. of the Revised Code	354
to practice chiropractic or acupuncture, psychologists authorized	355
under Chapter 4732. of the Revised Code, registered or licensed	356
practical nurses authorized under Chapter 4723. of the Revised	357
Code, pharmacists authorized under Chapter 4729. of the Revised	358
Code, physical therapists authorized under sections 4755.40 to	359
4755.56 of the Revised Code, occupational therapists authorized	360
under sections 4755.04 to 4755.13 of the Revised Code,	361
mechanotherapists authorized under section 4731.151 of the Revised	362
Code, and doctors of medicine and surgery, osteopathic medicine	363
and surgery, or podiatric medicine and surgery authorized under	364
Chapter 4731. of the Revised Code, and licensed professional	365
clinical counselors, licensed professional counselors, independent	366
social workers, social workers, independent marriage and family	367
therapists, or marriage and family therapists authorized under	368
Chapter 4757. of the Revised Code are to be rendered.	369

Sec. 1785.01.  As used in this chapter:

370

(A) "Professional service" means any type of professional	371
service that may be performed only pursuant to a license,	372
certificate, or other legal authorization issued pursuant to	373
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	374
4731., 4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13,	375
or 4755.40 to 4755.564755., or 4757. of the Revised Code to	376
certified public accountants, licensed public accountants,	377
architects, attorneys, dentists, nurses, optometrists,	378
pharmacists, physician assistants, doctors of medicine and	379
surgery, doctors of osteopathic medicine and surgery, doctors of	380
podiatric medicine and surgery, practitioners of the limited	381
branches of medicine specified in section 4731.15 of the Revised	382
Code, mechanotherapists, psychologists, professional engineers,	383
chiropractors, chiropractors practicing acupuncture through the	384
state chiropractic board, veterinarians, occupational therapists,	385
physical therapists, and occupational therapists, licensed	386
professional clinical counselors, licensed professional	387
counselors, independent social workers, social workers,	388
independent marriage and family therapists, and marriage and	389
family therapists.	390

(B) "Professional association" means an association organized	391
under this chapter for the sole purpose of rendering one of the	392
professional services authorized under Chapter 4701., 4703.,	393
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	394
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to	395
4755.564755., or 4757. of the Revised Code, a combination of the	396
professional services authorized under Chapters 4703. and 4733. of	397
the Revised Code, or a combination of the professional services of	398
optometrists authorized under Chapter 4725. of the Revised Code,	399
chiropractors authorized under Chapter 4734. of the Revised Code	400
to practice chiropractic or acupuncture, psychologists authorized	401
under Chapter 4732. of the Revised Code, registered or licensed	402
practical nurses authorized under Chapter 4723. of the Revised	403
Code, pharmacists authorized under Chapter 4729. of the Revised	404
Code, physical therapists authorized under sections 4755.40 to	405
4755.56 of the Revised Code, occupational therapists authorized	406
under sections 4755.04 to 4755.13 of the Revised Code,	407
mechanotherapists authorized under section 4731.151 of the Revised	408
Code, and doctors of medicine and surgery, osteopathic medicine	409
and surgery, or podiatric medicine and surgery authorized under	410
Chapter 4731. of the Revised Code, and licensed professional	411
clinical counselors, licensed professional counselors, independent	412
social workers, social workers, independent marriage and family	413
therapists, or marriage and family therapists authorized under	414
Chapter 4757. of the Revised Code.	415

Sec. 1785.02.  An individual or group of individuals each of	416
whom is licensed, certificated, or otherwise legally authorized to	417
render within this state the same kind of professional service, a	418
group of individuals each of whom is licensed, certificated, or	419
otherwise legally authorized to render within this state the	420
professional service authorized under Chapter 4703. or 4733. of	421
the Revised Code, or a group of individuals each of whom is	422
licensed, certificated, or otherwise legally authorized to render	423
within this state the professional service of optometrists	424
authorized under Chapter 4725. of the Revised Code, chiropractors	425
authorized under Chapter 4734. of the Revised Code to practice	426
chiropractic or acupuncture, psychologists authorized under	427
Chapter 4732. of the Revised Code, registered or licensed	428
practical nurses authorized under Chapter 4723. of the Revised	429
Code, pharmacists authorized under Chapter 4729. of the Revised	430
Code, physical therapists authorized under sections 4755.40 to	431
4755.56 of the Revised Code, occupational therapists authorized	432
under sections 4755.04 to 4755.13 of the Revised Code,	433
mechanotherapists authorized under section 4731.151 of the Revised	434
Code, or doctors of medicine and surgery, osteopathic medicine and	435
surgery, or podiatric medicine and surgery authorized under	436
Chapter 4731. of the Revised Code, or licensed professional	437
clinical counselors, licensed professional counselors, independent	438
social workers, social workers, independent marriage and family	439
therapists, or marriage and family therapists authorized under	440
Chapter 4757. of the Revised Code may organize and become a	441
shareholder or shareholders of a professional association. Any	442
group of individuals described in this section who may be	443
rendering one of the professional services as an organization	444
created otherwise than pursuant to this chapter may incorporate	445
under and pursuant to this chapter by amending the agreement	446
establishing the organization in a manner that the agreement as	447
amended constitutes articles of incorporation prepared and filed	448
in the manner prescribed in section 1785.08 of the Revised Code	449
and by otherwise complying with the applicable requirements of	450
this chapter.	451

Sec. 1785.03.  A professional association may render a	452
particular professional service only through officers, employees,	453
and agents who are themselves duly licensed, certificated, or	454
otherwise legally authorized to render the professional service	455
within this state. As used in this section, "employee" does not	456
include clerks, bookkeepers, technicians, or other individuals who	457
are not usually and ordinarily considered by custom and practice	458
to be rendering a particular professional service for which a	459
license, certificate, or other legal authorization is required and	460
does not include any other person who performs all of that	461
person's employment under the direct supervision and control of an	462
officer, agent, or employee who renders a particular professional	463
service to the public on behalf of the professional association.	464

No professional association formed for the purpose of	465
providing a combination of the professional services, as defined	466
in section 1785.01 of the Revised Code, of optometrists authorized	467
under Chapter 4725. of the Revised Code, chiropractors authorized	468
under Chapter 4734. of the Revised Code to practice chiropractic	469
or acupuncture, psychologists authorized under Chapter 4732. of	470
the Revised Code, registered or licensed practical nurses	471
authorized under Chapter 4723. of the Revised Code, pharmacists	472
authorized under Chapter 4729. of the Revised Code, physical	473
therapists authorized under sections 4755.40 to 4755.56 of the	474
Revised Code, occupational therapists authorized under sections	475
4755.04 to 4755.13 of the Revised Code, mechanotherapists	476
authorized under section 4731.151 of the Revised Code, and doctors	477
of medicine and surgery, osteopathic medicine and surgery, or	478
podiatric medicine and surgery authorized under Chapter 4731. of	479
the Revised Code, and licensed professional clinical counselors,	480
licensed professional counselors, independent social workers,	481
social workers, independent marriage and family therapists, or	482
marriage and family therapists authorized under Chapter 4757. of	483
the Revised Code shall control the professional clinical judgment	484
exercised within accepted and prevailing standards of practice of	485
a licensed, certificated, or otherwise legally authorized	486
optometrist, chiropractor, chiropractor practicing acupuncture	487
through the state chiropractic board, psychologist, nurse,	488
pharmacist, physical therapist, occupational therapist,	489
mechanotherapist, or doctor of medicine and surgery, osteopathic	490
medicine and surgery, or podiatric medicine and surgery, licensed	491
professional clinical counselor, licensed professional counselor,	492
independent social worker, social worker, independent marriage and	493
family therapist, or marriage and family therapist in rendering	494
care, treatment, or professional advice to an individual patient.	495

This division does not prevent a hospital, as defined in	496
section 3727.01 of the Revised Code, insurer, as defined in	497
section 3999.36 of the Revised Code, or intermediary organization,	498
as defined in section 1751.01 of the Revised Code, from entering	499
into a contract with a professional association described in this	500
division that includes a provision requiring utilization review,	501
quality assurance, peer review, or other performance or quality	502
standards. Those activities shall not be construed as controlling	503
the professional clinical judgment of an individual practitioner	504
listed in this division.	505

Sec. 2152.72.  (A) This section applies only to a child who	506
is or previously has been adjudicated a delinquent child for an	507
act to which any of the following applies:	508

(1) The act is a violation of section 2903.01, 2903.02,	509
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	510
2907.05 of the Revised Code.	511

(2) The act is a violation of section 2923.01 of the Revised	512
Code and involved an attempt to commit aggravated murder or	513
murder.	514

(3) The act would be a felony if committed by an adult, and	515
the court determined that the child, if an adult, would be guilty	516
of a specification found in section 2941.141, 2941.144, or	517
2941.145 of the Revised Code or in another section of the Revised	518
Code that relates to the possession or use of a firearm during the	519
commission of the act for which the child was adjudicated a	520
delinquent child.	521

(4) The act would be an offense of violence that is a felony	522
if committed by an adult, and the court determined that the child,	523
if an adult, would be guilty of a specification found in section	524
2941.1411 of the Revised Code or in another section of the Revised	525
Code that relates to the wearing or carrying of body armor during	526
the commission of the act for which the child was adjudicated a	527
delinquent child.	528

(B)(1) Except as provided in division (E) of this section, a	529
public children services agency, private child placing agency,	530
private noncustodial agency, or court, the department of youth	531
services, or another private or government entity shall not place	532
a child in a certified foster home or for adoption until it	533
provides the foster caregivers or prospective adoptive parents	534
with all of the following:	535

(a) A written report describing the child's social history;

536

(b) A written report describing all the acts committed by the	537
child the entity knows of that resulted in the child being	538
adjudicated a delinquent child and the disposition made by the	539
court, unless the records pertaining to the acts have been sealed	540
pursuant to section 2151.356 of the Revised Code;	541

(c) A written report describing any other violent act	542
committed by the child of which the entity is aware;	543

(d) The substantial and material conclusions and	544
recommendations of any psychiatric or psychological examination	545
conducted on the child or, if no psychological or psychiatric	546
examination of the child is available, the substantial and	547
material conclusions and recommendations of an examination to	548
detect mental and emotional disorders conducted in compliance with	549
the requirements of Chapter 4757. of the Revised Code by an	550
independent social worker, social worker, licensed professional	551
clinical counselor, orlicensed professional counselor,	552
independent marriage and family therapist, or marriage and family	553
therapist licensed under that chapter. The entity shall not	554
provide any part of a psychological, psychiatric, or mental and	555
emotional disorder examination to the foster caregivers or	556
prospective adoptive parents other than the substantial and	557
material conclusions.	558

(2) Notwithstanding sections 2151.356 to 2151.358 of the	559
Revised Code, if records of an adjudication that a child is a	560
delinquent child have been sealed pursuant to those sections and	561
an entity knows the records have been sealed, the entity shall	562
provide the foster caregivers or prospective adoptive parents a	563
written statement that the records of a prior adjudication have	564
been sealed.	565

(C)(1) The entity that places the child in a certified foster	566
home or for adoption shall conduct a psychological examination of	567
the child unless either of the following applies:	568

(a) An entity is not required to conduct the examination if	569
an examination was conducted no more than one year prior to the	570
child's placement, and division (C)(1)(b) of this section does not	571
apply.	572

(b) An entity is not required to conduct the examination if a	573
foster caregiver seeks to adopt the foster caregiver's foster	574
child, and an examination was conducted no more than two years	575
prior to the date the foster caregiver seeks to adopt the child.	576

(2) No later than sixty days after placing the child, the	577
entity shall provide the foster caregiver or prospective adoptive	578
parents a written report detailing the substantial and material	579
conclusions and recommendations of the examination conducted	580
pursuant to this division.	581

(D)(1) Except as provided in divisions (D)(2) and (3) of this	582
section, the expenses of conducting the examinations and preparing	583
the reports and assessment required by division (B) or (C) of this	584
section shall be paid by the entity that places the child in the	585
certified foster home or for adoption.	586

(2) When a juvenile court grants temporary or permanent	587
custody of a child pursuant to any section of the Revised Code,	588
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	589
Revised Code, to a public children services agency or private	590
child placing agency, the court shall provide the agency the	591
information described in division (B) of this section, pay the	592
expenses of preparing that information, and, if a new examination	593
is required to be conducted, pay the expenses of conducting the	594
examination described in division (C) of this section. On receipt	595
of the information described in division (B) of this section, the	596
agency shall provide to the court written acknowledgment that the	597
agency received the information. The court shall keep the	598
acknowledgment and provide a copy to the agency. On the motion of	599
the agency, the court may terminate the order granting temporary	600
or permanent custody of the child to that agency, if the court	601
does not provide the information described in division (B) of this	602
section.	603

(3) If one of the following entities is placing a child in a	604
certified foster home or for adoption with the assistance of or by	605
contracting with a public children services agency, private child	606
placing agency, or a private noncustodial agency, the entity shall	607
provide the agency with the information described in division (B)	608
of this section, pay the expenses of preparing that information,	609
and, if a new examination is required to be conducted, pay the	610
expenses of conducting the examination described in division (C)	611
of this section:	612

(a) The department of youth services if the placement is	613
pursuant to any section of the Revised Code including section	614
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	615
Code;	616

(b) A juvenile court with temporary or permanent custody of a	617
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	618

(c) A public children services agency or private child	619
placing agency with temporary or permanent custody of the child.	620

The agency receiving the information described in division	621
(B) of this section shall provide the entity described in division	622
divisions (D)(3)(a) to (c) of this section that sent the	623
information written acknowledgment that the agency received the	624
information and provided it to the foster caregivers or	625
prospective adoptive parents. The entity shall keep the	626
acknowledgment and provide a copy to the agency. An entity that	627
places a child in a certified foster home or for adoption with the	628
assistance of or by contracting with an agency remains responsible	629
to provide the information described in division (B) of this	630
section to the foster caregivers or prospective adoptive parents	631
unless the entity receives written acknowledgment that the agency	632
provided the information.	633

(E) If a child is placed in a certified foster home as a	634
result of an emergency removal of the child from home pursuant to	635
division (D) of section 2151.31 of the Revised Code, an emergency	636
change in the child's case plan pursuant to division (F)(3) of	637
section 2151.412 of the Revised Code, or an emergency placement by	638
the department of youth services pursuant to this chapter or	639
Chapter 5139. of the Revised Code, the entity that places the	640
child in the certified foster home shall provide the information	641
described in division (B) of this section no later than ninety-six	642
hours after the child is placed in the certified foster home.	643

(F) On receipt of the information described in divisions (B)	644
and (C) of this section, the foster caregiver or prospective	645
adoptive parents shall provide to the entity that places the child	646
in the foster caregiver's or prospective adoptive parents' home a	647
written acknowledgment that the foster caregiver or prospective	648
adoptive parents received the information. The entity shall keep	649
the acknowledgment and provide a copy to the foster caregiver or	650
prospective adoptive parents.	651

(G) No person employed by an entity subject to this section	652
and made responsible by that entity for the child's placement in a	653
certified foster home or for adoption shall fail to provide the	654
foster caregivers or prospective adoptive parents with the	655
information required by divisions (B) and (C) of this section.	656

(H) It is not a violation of any duty of confidentiality	657
provided for in the Revised Code or a code of professional	658
responsibility for a person or government entity to provide the	659
substantial and material conclusions and recommendations of a	660
psychiatric or psychological examination, or an examination to	661
detect mental and emotional disorders, in accordance with division	662
(B)(1)(d) or (C) of this section.	663

(I) As used in this section:

664

(1) "Body armor" has the same meaning as in section 2941.1411	665
of the Revised Code.	666

(2) "Firearm" has the same meaning as in section 2923.11 of	667
the Revised Code.	668

Sec. 2305.234.  (A) As used in this section:

669

(1) "Chiropractic claim," "medical claim," and "optometric	670
claim" have the same meanings as in section 2305.113 of the	671
Revised Code.	672

(2) "Dental claim" has the same meaning as in section	673
2305.113 of the Revised Code, except that it does not include any	674
claim arising out of a dental operation or any derivative claim	675
for relief that arises out of a dental operation.	676

(3) "Governmental health care program" has the same meaning	677
as in section 4731.65 of the Revised Code.	678

(4) "Health care facility or location" means a hospital,	679
clinic, ambulatory surgical facility, office of a health care	680
professional or associated group of health care professionals,	681
training institution for health care professionals, or any other	682
place where medical, dental, or other health-related diagnosis,	683
care, or treatment is provided to a person.	684

(5) "Health care professional" means any of the following who	685
provide medical, dental, or other health-related diagnosis, care,	686
or treatment:	687

(a) Physicians authorized under Chapter 4731. of the Revised	688
Code to practice medicine and surgery or osteopathic medicine and	689
surgery;	690

(b) Registered nurses and licensed practical nurses licensed	691
under Chapter 4723. of the Revised Code and individuals who hold a	692
certificate of authority issued under that chapter that authorizes	693
the practice of nursing as a certified registered nurse	694
anesthetist, clinical nurse specialist, certified nurse-midwife,	695
or certified nurse practitioner;	696

(c) Physician assistants authorized to practice under Chapter	697
4730. of the Revised Code;	698

(d) Dentists and dental hygienists licensed under Chapter	699
4715. of the Revised Code;	700

(e) Physical therapists, physical therapist assistants,	701
occupational therapists, and occupational therapy assistants	702
licensed under Chapter 4755. of the Revised Code;	703

(f) Chiropractors licensed under Chapter 4734. of the Revised	704
Code;	705

(g) Optometrists licensed under Chapter 4725. of the Revised	706
Code;	707

(h) Podiatrists authorized under Chapter 4731. of the Revised	708
Code to practice podiatry;	709

(i) Dietitians licensed under Chapter 4759. of the Revised	710
Code;	711

(j) Pharmacists licensed under Chapter 4729. of the Revised	712
Code;	713

(k) Emergency medical technicians-basic, emergency medical	714
technicians-intermediate, and emergency medical	715
technicians-paramedic, certified under Chapter 4765. of the	716
Revised Code;	717

(l) Respiratory care professionals licensed under Chapter	718
4761. of the Revised Code;	719

(m) Speech-language pathologists and audiologists licensed	720
under Chapter 4753. of the Revised Code;	721

(n) ProfessionalLicensed professional clinical counselors,	722
licensed professional counselors, independent social workers,	723
social workers, independent marriage and family therapists, and	724
marriage and family therapists, licensed under Chapter 4757. of	725
the Revised Code;	726

(o) Psychologists licensed under Chapter 4732. of the Revised	727
Code;	728

(p) Independent chemical dependency counselors, chemical	729
dependency counselors III, chemical dependency counselors II, and	730
chemical dependency counselors I, licensed under Chapter 4758. of	731
the Revised CodeIndividuals licensed or certified under Chapter	732
4758. of the Revised Code who are acting within the scope of their	733
license or certificate as members of the profession of chemical	734
dependency counseling or alcohol and other drug prevention	735
services.	736

(6) "Health care worker" means a person other than a health	737
care professional who provides medical, dental, or other	738
health-related care or treatment under the direction of a health	739
care professional with the authority to direct that individual's	740
activities, including medical technicians, medical assistants,	741
dental assistants, orderlies, aides, and individuals acting in	742
similar capacities.	743

(7) "Indigent and uninsured person" means a person who meets	744
all of the following requirements:	745

(a) The person's income is not greater than two hundred per	746
cent of the current poverty line as defined by the United States	747
office of management and budget and revised in accordance with	748
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	749
95 Stat. 511, 42 U.S.C. 9902, as amended.	750

(b) The person is not eligible for the medicaid program or	751
any other governmental health care program.	752

(c) Either of the following applies:

753

(i) The person is not a policyholder, certificate holder,	754
insured, contract holder, subscriber, enrollee, member,	755
beneficiary, or other covered individual under a health insurance	756
or health care policy, contract, or plan.	757

(ii) The person is a policyholder, certificate holder,	758
insured, contract holder, subscriber, enrollee, member,	759
beneficiary, or other covered individual under a health insurance	760
or health care policy, contract, or plan, but the insurer, policy,	761
contract, or plan denies coverage or is the subject of insolvency	762
or bankruptcy proceedings in any jurisdiction.	763

(8) "Nonprofit health care referral organization" means an	764
entity that is not operated for profit and refers patients to, or	765
arranges for the provision of, health-related diagnosis, care, or	766
treatment by a health care professional or health care worker.	767

(9) "Operation" means any procedure that involves cutting or	768
otherwise infiltrating human tissue by mechanical means, including	769
surgery, laser surgery, ionizing radiation, therapeutic	770
ultrasound, or the removal of intraocular foreign bodies.	771
"Operation" does not include the administration of medication by	772
injection, unless the injection is administered in conjunction	773
with a procedure infiltrating human tissue by mechanical means	774
other than the administration of medicine by injection.	775
"Operation" does not include routine dental restorative	776
procedures, the scaling of teeth, or extractions of teeth that are	777
not impacted.	778

(10) "Tort action" means a civil action for damages for	779
injury, death, or loss to person or property other than a civil	780
action for damages for a breach of contract or another agreement	781
between persons or government entities.	782

(11) "Volunteer" means an individual who provides any	783
medical, dental, or other health-care related diagnosis, care, or	784
treatment without the expectation of receiving and without receipt	785
of any compensation or other form of remuneration from an indigent	786
and uninsured person, another person on behalf of an indigent and	787
uninsured person, any health care facility or location, any	788
nonprofit health care referral organization, or any other person	789
or government entity.	790

(12) "Community control sanction" has the same meaning as in	791
section 2929.01 of the Revised Code.	792

(13) "Deep sedation" means a drug-induced depression of	793
consciousness during which a patient cannot be easily aroused but	794
responds purposefully following repeated or painful stimulation, a	795
patient's ability to independently maintain ventilatory function	796
may be impaired, a patient may require assistance in maintaining a	797
patent airway and spontaneous ventilation may be inadequate, and	798
cardiovascular function is usually maintained.	799

(14) "General anesthesia" means a drug-induced loss of	800
consciousness during which a patient is not arousable, even by	801
painful stimulation, the ability to independently maintain	802
ventilatory function is often impaired, a patient often requires	803
assistance in maintaining a patent airway, positive pressure	804
ventilation may be required because of depressed spontaneous	805
ventilation or drug-induced depression of neuromuscular function,	806
and cardiovascular function may be impaired.	807

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	808
health care professional who is a volunteer and complies with	809
division (B)(2) of this section is not liable in damages to any	810
person or government entity in a tort or other civil action,	811
including an action on a medical, dental, chiropractic,	812
optometric, or other health-related claim, for injury, death, or	813
loss to person or property that allegedly arises from an action or	814
omission of the volunteer in the provision to an indigent and	815
uninsured person of medical, dental, or other health-related	816
diagnosis, care, or treatment, including the provision of samples	817
of medicine and other medical products, unless the action or	818
omission constitutes willful or wanton misconduct.	819

(2) To qualify for the immunity described in division (B)(1)	820
of this section, a health care professional shall do all of the	821
following prior to providing diagnosis, care, or treatment:	822

(a) Determine, in good faith, that the indigent and uninsured	823
person is mentally capable of giving informed consent to the	824
provision of the diagnosis, care, or treatment and is not subject	825
to duress or under undue influence;	826

(b) Inform the person of the provisions of this section,	827
including notifying the person that, by giving informed consent to	828
the provision of the diagnosis, care, or treatment, the person	829
cannot hold the health care professional liable for damages in a	830
tort or other civil action, including an action on a medical,	831
dental, chiropractic, optometric, or other health-related claim,	832
unless the action or omission of the health care professional	833
constitutes willful or wanton misconduct;	834

(c) Obtain the informed consent of the person and a written	835
waiver, signed by the person or by another individual on behalf of	836
and in the presence of the person, that states that the person is	837
mentally competent to give informed consent and, without being	838
subject to duress or under undue influence, gives informed consent	839
to the provision of the diagnosis, care, or treatment subject to	840
the provisions of this section. A written waiver under division	841
(B)(2)(c) of this section shall state clearly and in conspicuous	842
type that the person or other individual who signs the waiver is	843
signing it with full knowledge that, by giving informed consent to	844
the provision of the diagnosis, care, or treatment, the person	845
cannot bring a tort or other civil action, including an action on	846
a medical, dental, chiropractic, optometric, or other	847
health-related claim, against the health care professional unless	848
the action or omission of the health care professional constitutes	849
willful or wanton misconduct.	850

(3) A physician or podiatrist who is not covered by medical	851
malpractice insurance, but complies with division (B)(2) of this	852
section, is not required to comply with division (A) of section	853
4731.143 of the Revised Code.	854

(C) Subject to divisions (F) and (G)(3) of this section,	855
health care workers who are volunteers are not liable in damages	856
to any person or government entity in a tort or other civil	857
action, including an action upon a medical, dental, chiropractic,	858
optometric, or other health-related claim, for injury, death, or	859
loss to person or property that allegedly arises from an action or	860
omission of the health care worker in the provision to an indigent	861
and uninsured person of medical, dental, or other health-related	862
diagnosis, care, or treatment, unless the action or omission	863
constitutes willful or wanton misconduct.	864

(D) Subject to divisions (F) and (G)(3) of this section, a	865
nonprofit health care referral organization is not liable in	866
damages to any person or government entity in a tort or other	867
civil action, including an action on a medical, dental,	868
chiropractic, optometric, or other health-related claim, for	869
injury, death, or loss to person or property that allegedly arises	870
from an action or omission of the nonprofit health care referral	871
organization in referring indigent and uninsured persons to, or	872
arranging for the provision of, medical, dental, or other	873
health-related diagnosis, care, or treatment by a health care	874
professional described in division (B)(1) of this section or a	875
health care worker described in division (C) of this section,	876
unless the action or omission constitutes willful or wanton	877
misconduct.	878

(E) Subject to divisions (F) and (G)(3) of this section and	879
to the extent that the registration requirements of section	880
3701.071 of the Revised Code apply, a health care facility or	881
location associated with a health care professional described in	882
division (B)(1) of this section, a health care worker described in	883
division (C) of this section, or a nonprofit health care referral	884
organization described in division (D) of this section is not	885
liable in damages to any person or government entity in a tort or	886
other civil action, including an action on a medical, dental,	887
chiropractic, optometric, or other health-related claim, for	888
injury, death, or loss to person or property that allegedly arises	889
from an action or omission of the health care professional or	890
worker or nonprofit health care referral organization relative to	891
the medical, dental, or other health-related diagnosis, care, or	892
treatment provided to an indigent and uninsured person on behalf	893
of or at the health care facility or location, unless the action	894
or omission constitutes willful or wanton misconduct.	895

(F)(1) Except as provided in division (F)(2) of this section,	896
the immunities provided by divisions (B), (C), (D), and (E) of	897
this section are not available to a health care professional,	898
health care worker, nonprofit health care referral organization,	899
or health care facility or location if, at the time of an alleged	900
injury, death, or loss to person or property, the health care	901
professionals or health care workers involved are providing one of	902
the following:	903

(a) Any medical, dental, or other health-related diagnosis,	904
care, or treatment pursuant to a community service work order	905
entered by a court under division (B) of section 2951.02 of the	906
Revised Code or imposed by a court as a community control	907
sanction;	908

(b) Performance of an operation to which any one of the	909
following applies:	910

(i) The operation requires the administration of deep	911
sedation or general anesthesia.	912

(ii) The operation is a procedure that is not typically	913
performed in an office.	914

(iii) The individual involved is a health care professional,	915
and the operation is beyond the scope of practice or the	916
education, training, and competence, as applicable, of the health	917
care professional.	918

(c) Delivery of a baby or any other purposeful termination of	919
a human pregnancy.	920

(2) Division (F)(1) of this section does not apply when a	921
health care professional or health care worker provides medical,	922
dental, or other health-related diagnosis, care, or treatment that	923
is necessary to preserve the life of a person in a medical	924
emergency.	925

(G)(1) This section does not create a new cause of action or	926
substantive legal right against a health care professional, health	927
care worker, nonprofit health care referral organization, or	928
health care facility or location.	929

(2) This section does not affect any immunities from civil	930
liability or defenses established by another section of the	931
Revised Code or available at common law to which a health care	932
professional, health care worker, nonprofit health care referral	933
organization, or health care facility or location may be entitled	934
in connection with the provision of emergency or other medical,	935
dental, or other health-related diagnosis, care, or treatment.	936

(3) This section does not grant an immunity from tort or	937
other civil liability to a health care professional, health care	938
worker, nonprofit health care referral organization, or health	939
care facility or location for actions that are outside the scope	940
of authority of health care professionals or health care workers.	941

(4) This section does not affect any legal responsibility of	942
a health care professional, health care worker, or nonprofit	943
health care referral organization to comply with any applicable	944
law of this state or rule of an agency of this state.	945

(5) This section does not affect any legal responsibility of	946
a health care facility or location to comply with any applicable	947
law of this state, rule of an agency of this state, or local code,	948
ordinance, or regulation that pertains to or regulates building,	949
housing, air pollution, water pollution, sanitation, health, fire,	950
zoning, or safety.	951

Sec. 2305.51.  (A)(1) As used in this section:

952

(a) "Civil Rights" has the same meaning as in section	953
5122.301 of the Revised Code.	954

(b) "Mental health client or patient" means an individual who	955
is receiving mental health services from a mental health	956
professional or organization.	957

(c) "Mental health organization" means an organization that	958
engages one or more mental health professionals to provide mental	959
health services to one or more mental health clients or patients.	960

(d) "Mental health professional" means an individual who is	961
licensed, certified, or registered under the Revised Code, or	962
otherwise authorized in this state, to provide mental health	963
services for compensation, remuneration, or other personal gain.	964

(e) "Mental health service" means a service provided to an	965
individual or group of individuals involving the application of	966
medical, psychiatric, psychological, professional counseling,	967
social work, marriage and family therapy, or nursing principles	968
or procedures to either of the following:	969

(i) The assessment, diagnosis, prevention, treatment, or	970
amelioration of mental, emotional, psychiatric, psychological, or	971
psychosocial disorders or diseases, as described in the most	972
recent edition of the diagnostic and statistical manual of mental	973
disorders published by the American psychiatric association;	974

(ii) The assessment or improvement of mental, emotional,	975
psychiatric, psychological, or psychosocial adjustment or	976
functioning, regardless of whether there is a diagnosable,	977
pre-existing disorder or disease.	978

(f) "Knowledgeable person" means an individual who has reason	979
to believe that a mental health client or patient has the intent	980
and ability to carry out an explicit threat of inflicting imminent	981
and serious physical harm to or causing the death of a clearly	982
identifiable potential victim or victims and who is either an	983
immediate family member of the client or patient or an individual	984
who otherwise personally knows the client or patient.	985

(2) For the purpose of this section, in the case of a threat	986
to a readily identifiable structure, "clearly identifiable	987
potential victim" includes any potential occupant of the	988
structure.	989

(B) A mental health professional or mental health	990
organization may be held liable in damages in a civil action, or	991
may be made subject to disciplinary action by an entity with	992
licensing or other regulatory authority over the professional or	993
organization, for serious physical harm or death resulting from	994
failing to predict, warn of, or take precautions to provide	995
protection from the violent behavior of a mental health client or	996
patient, only if the client or patient or a knowledgeable person	997
has communicated to the professional or organization an explicit	998
threat of inflicting imminent and serious physical harm to or	999
causing the death of one or more clearly identifiable potential	1000
victims, the professional or organization has reason to believe	1001
that the client or patient has the intent and ability to carry out	1002
the threat, and the professional or organization fails to take one	1003
or more of the following actions in a timely manner:	1004

(1) Exercise any authority the professional or organization	1005
possesses to hospitalize the client or patient on an emergency	1006
basis pursuant to section 5122.10 of the Revised Code;	1007

(2) Exercise any authority the professional or organization	1008
possesses to have the client or patient involuntarily or	1009
voluntarily hospitalized under Chapter 5122. of the Revised Code;	1010

(3) Establish and undertake a documented treatment plan that	1011
is reasonably calculated, according to appropriate standards of	1012
professional practice, to eliminate the possibility that the	1013
client or patient will carry out the threat, and, concurrent with	1014
establishing and undertaking the treatment plan, initiate	1015
arrangements for a second opinion risk assessment through a	1016
management consultation about the treatment plan with, in the case	1017
of a mental health organization, the clinical director of the	1018
organization, or, in the case of a mental health professional who	1019
is not acting as part of a mental health organization, any mental	1020
health professional who is licensed to engage in independent	1021
practice;	1022

(4) Communicate to a law enforcement agency with jurisdiction	1023
in the area where each potential victim resides, where a structure	1024
threatened by a mental health client or patient is located, or	1025
where the mental health client or patient resides, and if	1026
feasible, communicate to each potential victim or a potential	1027
victim's parent or guardian if the potential victim is a minor or	1028
has been adjudicated incompetent, all of the following	1029
information:	1030

(a) The nature of the threat;

1031

(b) The identity of the mental health client or patient	1032
making the threat;	1033

(c) The identity of each potential victim of the threat.

1034

(C) All of the following apply when a mental health	1035
professional or organization takes one or more of the actions set	1036
forth in divisions (B)(1) to (4) of this section:	1037

(1) The mental health professional or organization shall	1038
consider each of the alternatives set forth and shall document the	1039
reasons for choosing or rejecting each alternative.	1040

(2) The mental health professional or organization may give	1041
special consideration to those alternatives which, consistent with	1042
public safety, would least abridge the rights of the mental health	1043
client or patient established under the Revised Code, including	1044
the rights specified in sections 5122.27 to 5122.31 of the Revised	1045
Code.	1046

(3) The mental health professional or organization is not	1047
required to take an action that, in the exercise of reasonable	1048
professional judgment, would physically endanger the professional	1049
or organization, increase the danger to a potential victim, or	1050
increase the danger to the mental health client or patient.	1051

(4) The mental health professional or organization is not	1052
liable in damages in a civil action, and shall not be made subject	1053
to disciplinary action by any entity with licensing or other	1054
regulatory authority over the professional or organization, for	1055
disclosing any confidential information about a mental health	1056
client or patient that is disclosed for the purpose of taking any	1057
of the actions.	1058

(D) The immunities from civil liability and disciplinary	1059
action conferred by this section are in addition to and not in	1060
limitation of any immunity conferred on a mental health	1061
professional or organization by any other section of the Revised	1062
Code or by judicial precedent.	1063

(E) This section does not affect the civil rights of a mental	1064
health client or patient under Ohio or federal law.	1065

Sec. 2317.02.  The following persons shall not testify in	1066
certain respects:	1067

(A)(1) An attorney, concerning a communication made to the	1068
attorney by a client in that relation or concerning the attorney's	1069
advice to a client, except that the attorney may testify by	1070
express consent of the client or, if the client is deceased, by	1071
the express consent of the surviving spouse or the executor or	1072
administrator of the estate of the deceased client. However, if	1073
the client voluntarily reveals the substance of attorney-client	1074
communications in a nonprivileged context or is deemed by section	1075
2151.421 of the Revised Code to have waived any testimonial	1076
privilege under this division, the attorney may be compelled to	1077
testify on the same subject.	1078

The testimonial privilege established under this division	1079
does not apply concerning a communication between a client who has	1080
since died and the deceased client's attorney if the communication	1081
is relevant to a dispute between parties who claim through that	1082
deceased client, regardless of whether the claims are by testate	1083
or intestate succession or by inter vivos transaction, and the	1084
dispute addresses the competency of the deceased client when the	1085
deceased client executed a document that is the basis of the	1086
dispute or whether the deceased client was a victim of fraud,	1087
undue influence, or duress when the deceased client executed a	1088
document that is the basis of the dispute.	1089

(2) An attorney, concerning a communication made to the	1090
attorney by a client in that relationship or the attorney's advice	1091
to a client, except that if the client is an insurance company,	1092
the attorney may be compelled to testify, subject to an in camera	1093
inspection by a court, about communications made by the client to	1094
the attorney or by the attorney to the client that are related to	1095
the attorney's aiding or furthering an ongoing or future	1096
commission of bad faith by the client, if the party seeking	1097
disclosure of the communications has made a prima-facie showing of	1098
bad faith, fraud, or criminal misconduct by the client.	1099

(B)(1) A physician or a dentist concerning a communication	1100
made to the physician or dentist by a patient in that relation or	1101
the physician's or dentist's advice to a patient, except as	1102
otherwise provided in this division, division (B)(2), and division	1103
(B)(3) of this section, and except that, if the patient is deemed	1104
by section 2151.421 of the Revised Code to have waived any	1105
testimonial privilege under this division, the physician may be	1106
compelled to testify on the same subject.	1107

The testimonial privilege established under this division	1108
does not apply, and a physician or dentist may testify or may be	1109
compelled to testify, in any of the following circumstances:	1110

(a) In any civil action, in accordance with the discovery	1111
provisions of the Rules of Civil Procedure in connection with a	1112
civil action, or in connection with a claim under Chapter 4123. of	1113
the Revised Code, under any of the following circumstances:	1114

(i) If the patient or the guardian or other legal	1115
representative of the patient gives express consent;	1116

(ii) If the patient is deceased, the spouse of the patient or	1117
the executor or administrator of the patient's estate gives	1118
express consent;	1119

(iii) If a medical claim, dental claim, chiropractic claim,	1120
or optometric claim, as defined in section 2305.113 of the Revised	1121
Code, an action for wrongful death, any other type of civil	1122
action, or a claim under Chapter 4123. of the Revised Code is	1123
filed by the patient, the personal representative of the estate of	1124
the patient if deceased, or the patient's guardian or other legal	1125
representative.	1126

(b) In any civil action concerning court-ordered treatment or	1127
services received by a patient, if the court-ordered treatment or	1128
services were ordered as part of a case plan journalized under	1129
section 2151.412 of the Revised Code or the court-ordered	1130
treatment or services are necessary or relevant to dependency,	1131
neglect, or abuse or temporary or permanent custody proceedings	1132
under Chapter 2151. of the Revised Code.	1133

(c) In any criminal action concerning any test or the results	1134
of any test that determines the presence or concentration of	1135
alcohol, a drug of abuse, a combination of them, a controlled	1136
substance, or a metabolite of a controlled substance in the	1137
patient's whole blood, blood serum or plasma, breath, urine, or	1138
other bodily substance at any time relevant to the criminal	1139
offense in question.	1140

(d) In any criminal action against a physician or dentist. In	1141
such an action, the testimonial privilege established under this	1142
division does not prohibit the admission into evidence, in	1143
accordance with the Rules of Evidence, of a patient's medical or	1144
dental records or other communications between a patient and the	1145
physician or dentist that are related to the action and obtained	1146
by subpoena, search warrant, or other lawful means. A court that	1147
permits or compels a physician or dentist to testify in such an	1148
action or permits the introduction into evidence of patient	1149
records or other communications in such an action shall require	1150
that appropriate measures be taken to ensure that the	1151
confidentiality of any patient named or otherwise identified in	1152
the records is maintained. Measures to ensure confidentiality that	1153
may be taken by the court include sealing its records or deleting	1154
specific information from its records.	1155

(e)(i) If the communication was between a patient who has	1156
since died and the deceased patient's physician or dentist, the	1157
communication is relevant to a dispute between parties who claim	1158
through that deceased patient, regardless of whether the claims	1159
are by testate or intestate succession or by inter vivos	1160
transaction, and the dispute addresses the competency of the	1161
deceased patient when the deceased patient executed a document	1162
that is the basis of the dispute or whether the deceased patient	1163
was a victim of fraud, undue influence, or duress when the	1164
deceased patient executed a document that is the basis of the	1165
dispute.	1166

(ii) If neither the spouse of a patient nor the executor or	1167
administrator of that patient's estate gives consent under	1168
division (B)(1)(a)(ii) of this section, testimony or the	1169
disclosure of the patient's medical records by a physician,	1170
dentist, or other health care provider under division (B)(1)(e)(i)	1171
of this section is a permitted use or disclosure of protected	1172
health information, as defined in 45 C.F.R. 160.103, and an	1173
authorization or opportunity to be heard shall not be required.	1174

(iii) Division (B)(1)(e)(i) of this section does not require	1175
a mental health professional to disclose psychotherapy notes, as	1176
defined in 45 C.F.R. 164.501.	1177

(iv) An interested person who objects to testimony or	1178
disclosure under division (B)(1)(e)(i) of this section may seek a	1179
protective order pursuant to Civil Rule 26.	1180

(v) A person to whom protected health information is	1181
disclosed under division (B)(1)(e)(i) of this section shall not	1182
use or disclose the protected health information for any purpose	1183
other than the litigation or proceeding for which the information	1184
was requested and shall return the protected health information to	1185
the covered entity or destroy the protected health information,	1186
including all copies made, at the conclusion of the litigation or	1187
proceeding.	1188

(2)(a) If any law enforcement officer submits a written	1189
statement to a health care provider that states that an official	1190
criminal investigation has begun regarding a specified person or	1191
that a criminal action or proceeding has been commenced against a	1192
specified person, that requests the provider to supply to the	1193
officer copies of any records the provider possesses that pertain	1194
to any test or the results of any test administered to the	1195
specified person to determine the presence or concentration of	1196
alcohol, a drug of abuse, a combination of them, a controlled	1197
substance, or a metabolite of a controlled substance in the	1198
person's whole blood, blood serum or plasma, breath, or urine at	1199
any time relevant to the criminal offense in question, and that	1200
conforms to section 2317.022 of the Revised Code, the provider,	1201
except to the extent specifically prohibited by any law of this	1202
state or of the United States, shall supply to the officer a copy	1203
of any of the requested records the provider possesses. If the	1204
health care provider does not possess any of the requested	1205
records, the provider shall give the officer a written statement	1206
that indicates that the provider does not possess any of the	1207
requested records.	1208

(b) If a health care provider possesses any records of the	1209
type described in division (B)(2)(a) of this section regarding the	1210
person in question at any time relevant to the criminal offense in	1211
question, in lieu of personally testifying as to the results of	1212
the test in question, the custodian of the records may submit a	1213
certified copy of the records, and, upon its submission, the	1214
certified copy is qualified as authentic evidence and may be	1215
admitted as evidence in accordance with the Rules of Evidence.	1216
Division (A) of section 2317.422 of the Revised Code does not	1217
apply to any certified copy of records submitted in accordance	1218
with this division. Nothing in this division shall be construed to	1219
limit the right of any party to call as a witness the person who	1220
administered the test to which the records pertain, the person	1221
under whose supervision the test was administered, the custodian	1222
of the records, the person who made the records, or the person	1223
under whose supervision the records were made.	1224

(3)(a) If the testimonial privilege described in division	1225
(B)(1) of this section does not apply as provided in division	1226
(B)(1)(a)(iii) of this section, a physician or dentist may be	1227
compelled to testify or to submit to discovery under the Rules of	1228
Civil Procedure only as to a communication made to the physician	1229
or dentist by the patient in question in that relation, or the	1230
physician's or dentist's advice to the patient in question, that	1231
related causally or historically to physical or mental injuries	1232
that are relevant to issues in the medical claim, dental claim,	1233
chiropractic claim, or optometric claim, action for wrongful	1234
death, other civil action, or claim under Chapter 4123. of the	1235
Revised Code.	1236

(b) If the testimonial privilege described in division (B)(1)	1237
of this section does not apply to a physician or dentist as	1238
provided in division (B)(1)(c) of this section, the physician or	1239
dentist, in lieu of personally testifying as to the results of the	1240
test in question, may submit a certified copy of those results,	1241
and, upon its submission, the certified copy is qualified as	1242
authentic evidence and may be admitted as evidence in accordance	1243
with the Rules of Evidence. Division (A) of section 2317.422 of	1244
the Revised Code does not apply to any certified copy of results	1245
submitted in accordance with this division. Nothing in this	1246
division shall be construed to limit the right of any party to	1247
call as a witness the person who administered the test in	1248
question, the person under whose supervision the test was	1249
administered, the custodian of the results of the test, the person	1250
who compiled the results, or the person under whose supervision	1251
the results were compiled.	1252

(4) The testimonial privilege described in division (B)(1) of	1253
this section is not waived when a communication is made by a	1254
physician to a pharmacist or when there is communication between a	1255
patient and a pharmacist in furtherance of the physician-patient	1256
relation.	1257

(5)(a) As used in divisions (B)(1) to (4) of this section,	1258
"communication" means acquiring, recording, or transmitting any	1259
information, in any manner, concerning any facts, opinions, or	1260
statements necessary to enable a physician or dentist to diagnose,	1261
treat, prescribe, or act for a patient. A "communication" may	1262
include, but is not limited to, any medical or dental, office, or	1263
hospital communication such as a record, chart, letter,	1264
memorandum, laboratory test and results, x-ray, photograph,	1265
financial statement, diagnosis, or prognosis.	1266

(b) As used in division (B)(2) of this section, "health care	1267
provider" means a hospital, ambulatory care facility, long-term	1268
care facility, pharmacy, emergency facility, or health care	1269
practitioner.	1270

(c) As used in division (B)(5)(b) of this section:

1271

(i) "Ambulatory care facility" means a facility that provides	1272
medical, diagnostic, or surgical treatment to patients who do not	1273
require hospitalization, including a dialysis center, ambulatory	1274
surgical facility, cardiac catheterization facility, diagnostic	1275
imaging center, extracorporeal shock wave lithotripsy center, home	1276
health agency, inpatient hospice, birthing center, radiation	1277
therapy center, emergency facility, and an urgent care center.	1278
"Ambulatory health care facility" does not include the private	1279
office of a physician or dentist, whether the office is for an	1280
individual or group practice.	1281

(ii) "Emergency facility" means a hospital emergency	1282
department or any other facility that provides emergency medical	1283
services.	1284

(iii) "Health care practitioner" has the same meaning as in	1285
section 4769.01 of the Revised Code.	1286

(iv) "Hospital" has the same meaning as in section 3727.01 of	1287
the Revised Code.	1288

(v) "Long-term care facility" means a nursing home,	1289
residential care facility, or home for the aging, as those terms	1290
are defined in section 3721.01 of the Revised Code; a residential	1291
facility licensed under section 5119.34 of the Revised Code that	1292
provides accommodations, supervision, and personal care services	1293
for three to sixteen unrelated adults; a nursing facility, as	1294
defined in section 5165.01 of the Revised Code; a skilled nursing	1295
facility, as defined in section 5165.01 of the Revised Code; and	1296
an intermediate care facility for individuals with intellectual	1297
disabilities, as defined in section 5124.01 of the Revised Code.	1298

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1299
the Revised Code.	1300

(d) As used in divisions (B)(1) and (2) of this section,	1301
"drug of abuse" has the same meaning as in section 4506.01 of the	1302
Revised Code.	1303

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1304
apply to doctors of medicine, doctors of osteopathic medicine,	1305
doctors of podiatry, and dentists.	1306

(7) Nothing in divisions (B)(1) to (6) of this section	1307
affects, or shall be construed as affecting, the immunity from	1308
civil liability conferred by section 307.628 of the Revised Code	1309
or the immunity from civil liability conferred by section 2305.33	1310
of the Revised Code upon physicians who report an employee's use	1311
of a drug of abuse, or a condition of an employee other than one	1312
involving the use of a drug of abuse, to the employer of the	1313
employee in accordance with division (B) of that section. As used	1314
in division (B)(7) of this section, "employee," "employer," and	1315
"physician" have the same meanings as in section 2305.33 of the	1316
Revised Code.	1317

(C)(1) A cleric, when the cleric remains accountable to the	1318
authority of that cleric's church, denomination, or sect,	1319
concerning a confession made, or any information confidentially	1320
communicated, to the cleric for a religious counseling purpose in	1321
the cleric's professional character. The cleric may testify by	1322
express consent of the person making the communication, except	1323
when the disclosure of the information is in violation of a sacred	1324
trust and except that, if the person voluntarily testifies or is	1325
deemed by division (A)(4)(c) of section 2151.421 of the Revised	1326
Code to have waived any testimonial privilege under this division,	1327
the cleric may be compelled to testify on the same subject except	1328
when disclosure of the information is in violation of a sacred	1329
trust.	1330

(2) As used in division (C) of this section:

1331

(a) "Cleric" means a member of the clergy, rabbi, priest,	1332
Christian Science practitioner, or regularly ordained, accredited,	1333
or licensed minister of an established and legally cognizable	1334
church, denomination, or sect.	1335

(b) "Sacred trust" means a confession or confidential	1336
communication made to a cleric in the cleric's ecclesiastical	1337
capacity in the course of discipline enjoined by the church to	1338
which the cleric belongs, including, but not limited to, the	1339
Catholic Church, if both of the following apply:	1340

(i) The confession or confidential communication was made	1341
directly to the cleric.	1342

(ii) The confession or confidential communication was made in	1343
the manner and context that places the cleric specifically and	1344
strictly under a level of confidentiality that is considered	1345
inviolate by canon law or church doctrine.	1346

(D) Husband or wife, concerning any communication made by one	1347
to the other, or an act done by either in the presence of the	1348
other, during coverture, unless the communication was made, or act	1349
done, in the known presence or hearing of a third person competent	1350
to be a witness; and such rule is the same if the marital relation	1351
has ceased to exist;	1352

(E) A person who assigns a claim or interest, concerning any	1353
matter in respect to which the person would not, if a party, be	1354
permitted to testify;	1355

(F) A person who, if a party, would be restricted under	1356
section 2317.03 of the Revised Code, when the property or thing is	1357
sold or transferred by an executor, administrator, guardian,	1358
trustee, heir, devisee, or legatee, shall be restricted in the	1359
same manner in any action or proceeding concerning the property or	1360
thing.	1361

(G)(1) A school guidance counselor who holds a valid educator	1362
license from the state board of education as provided for in	1363
section 3319.22 of the Revised Code, a person licensed under	1364
Chapter 4757. of the Revised Code as a licensed professional	1365
clinical counselor, licensed professional counselor, social	1366
worker, independent social worker, marriage and family therapist	1367
or independent marriage and family therapist, or registered under	1368
Chapter 4757. of the Revised Code as a social work assistant	1369
concerning a confidential communication received from a client in	1370
that relation or the person's advice to a client unless any of the	1371
following applies:	1372

(a) The communication or advice indicates clear and present	1373
danger to the client or other persons. For the purposes of this	1374
division, cases in which there are indications of present or past	1375
child abuse or neglect of the client constitute a clear and	1376
present danger.	1377

(b) The client gives express consent to the testimony.

1378

(c) If the client is deceased, the surviving spouse or the	1379
executor or administrator of the estate of the deceased client	1380
gives express consent.	1381

(d) The client voluntarily testifies, in which case the	1382
school guidance counselor or person licensed or registered under	1383
Chapter 4757. of the Revised Code may be compelled to testify on	1384
the same subject.	1385

(e) The court in camera determines that the information	1386
communicated by the client is not germane to the counselor-client,	1387
marriage and family therapist-client, or social worker-client	1388
relationship.	1389

(f) A court, in an action brought against a school, its	1390
administration, or any of its personnel by the client, rules after	1391
an in-camera inspection that the testimony of the school guidance	1392
counselor is relevant to that action.	1393

(g) The testimony is sought in a civil action and concerns	1394
court-ordered treatment or services received by a patient as part	1395
of a case plan journalized under section 2151.412 of the Revised	1396
Code or the court-ordered treatment or services are necessary or	1397
relevant to dependency, neglect, or abuse or temporary or	1398
permanent custody proceedings under Chapter 2151. of the Revised	1399
Code.	1400

(2) Nothing in division (G)(1) of this section shall relieve	1401
a school guidance counselor or a person licensed or registered	1402
under Chapter 4757. of the Revised Code from the requirement to	1403
report information concerning child abuse or neglect under section	1404
2151.421 of the Revised Code.	1405

(H) A mediator acting under a mediation order issued under	1406
division (A) of section 3109.052 of the Revised Code or otherwise	1407
issued in any proceeding for divorce, dissolution, legal	1408
separation, annulment, or the allocation of parental rights and	1409
responsibilities for the care of children, in any action or	1410
proceeding, other than a criminal, delinquency, child abuse, child	1411
neglect, or dependent child action or proceeding, that is brought	1412
by or against either parent who takes part in mediation in	1413
accordance with the order and that pertains to the mediation	1414
process, to any information discussed or presented in the	1415
mediation process, to the allocation of parental rights and	1416
responsibilities for the care of the parents' children, or to the	1417
awarding of parenting time rights in relation to their children;	1418

(I) A communications assistant, acting within the scope of	1419
the communication assistant's authority, when providing	1420
telecommunications relay service pursuant to section 4931.06 of	1421
the Revised Code or Title II of the "Communications Act of 1934,"	1422
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1423
made through a telecommunications relay service. Nothing in this	1424
section shall limit the obligation of a communications assistant	1425
to divulge information or testify when mandated by federal law or	1426
regulation or pursuant to subpoena in a criminal proceeding.	1427

Nothing in this section shall limit any immunity or privilege	1428
granted under federal law or regulation.	1429

(J)(1) A chiropractor in a civil proceeding concerning a	1430
communication made to the chiropractor by a patient in that	1431
relation or the chiropractor's advice to a patient, except as	1432
otherwise provided in this division. The testimonial privilege	1433
established under this division does not apply, and a chiropractor	1434
may testify or may be compelled to testify, in any civil action,	1435
in accordance with the discovery provisions of the Rules of Civil	1436
Procedure in connection with a civil action, or in connection with	1437
a claim under Chapter 4123. of the Revised Code, under any of the	1438
following circumstances:	1439

(a) If the patient or the guardian or other legal	1440
representative of the patient gives express consent.	1441

(b) If the patient is deceased, the spouse of the patient or	1442
the executor or administrator of the patient's estate gives	1443
express consent.	1444

(c) If a medical claim, dental claim, chiropractic claim, or	1445
optometric claim, as defined in section 2305.113 of the Revised	1446
Code, an action for wrongful death, any other type of civil	1447
action, or a claim under Chapter 4123. of the Revised Code is	1448
filed by the patient, the personal representative of the estate of	1449
the patient if deceased, or the patient's guardian or other legal	1450
representative.	1451

(2) If the testimonial privilege described in division (J)(1)	1452
of this section does not apply as provided in division (J)(1)(c)	1453
of this section, a chiropractor may be compelled to testify or to	1454
submit to discovery under the Rules of Civil Procedure only as to	1455
a communication made to the chiropractor by the patient in	1456
question in that relation, or the chiropractor's advice to the	1457
patient in question, that related causally or historically to	1458
physical or mental injuries that are relevant to issues in the	1459
medical claim, dental claim, chiropractic claim, or optometric	1460
claim, action for wrongful death, other civil action, or claim	1461
under Chapter 4123. of the Revised Code.	1462

(3) The testimonial privilege established under this division	1463
does not apply, and a chiropractor may testify or be compelled to	1464
testify, in any criminal action or administrative proceeding.	1465

(4) As used in this division, "communication" means	1466
acquiring, recording, or transmitting any information, in any	1467
manner, concerning any facts, opinions, or statements necessary to	1468
enable a chiropractor to diagnose, treat, or act for a patient. A	1469
communication may include, but is not limited to, any	1470
chiropractic, office, or hospital communication such as a record,	1471
chart, letter, memorandum, laboratory test and results, x-ray,	1472
photograph, financial statement, diagnosis, or prognosis.	1473

(K)(1) Except as provided under division (K)(2) of this	1474
section, a critical incident stress management team member	1475
concerning a communication received from an individual who	1476
receives crisis response services from the team member, or the	1477
team member's advice to the individual, during a debriefing	1478
session.	1479

(2) The testimonial privilege established under division	1480
(K)(1) of this section does not apply if any of the following are	1481
true:	1482

(a) The communication or advice indicates clear and present	1483
danger to the individual who receives crisis response services or	1484
to other persons. For purposes of this division, cases in which	1485
there are indications of present or past child abuse or neglect of	1486
the individual constitute a clear and present danger.	1487

(b) The individual who received crisis response services	1488
gives express consent to the testimony.	1489

(c) If the individual who received crisis response services	1490
is deceased, the surviving spouse or the executor or administrator	1491
of the estate of the deceased individual gives express consent.	1492

(d) The individual who received crisis response services	1493
voluntarily testifies, in which case the team member may be	1494
compelled to testify on the same subject.	1495

(e) The court in camera determines that the information	1496
communicated by the individual who received crisis response	1497
services is not germane to the relationship between the individual	1498
and the team member.	1499

(f) The communication or advice pertains or is related to any	1500
criminal act.	1501

(3) As used in division (K) of this section:

1502

(a) "Crisis response services" means consultation, risk	1503
assessment, referral, and on-site crisis intervention services	1504
provided by a critical incident stress management team to	1505
individuals affected by crisis or disaster.	1506

(b) "Critical incident stress management team member" or	1507
"team member" means an individual specially trained to provide	1508
crisis response services as a member of an organized community or	1509
local crisis response team that holds membership in the Ohio	1510
critical incident stress management network.	1511

(c) "Debriefing session" means a session at which crisis	1512
response services are rendered by a critical incident stress	1513
management team member during or after a crisis or disaster.	1514

(L)(1) Subject to division (L)(2) of this section and except	1515
as provided in division (L)(3) of this section, an employee	1516
assistance professional, concerning a communication made to the	1517
employee assistance professional by a client in the employee	1518
assistance professional's official capacity as an employee	1519
assistance professional.	1520

(2) Division (L)(1) of this section applies to an employee	1521
assistance professional who meets either or both of the following	1522
requirements:	1523

(a) Is certified by the employee assistance certification	1524
commission to engage in the employee assistance profession;	1525

(b) Has education, training, and experience in all of the	1526
following:	1527

(i) Providing workplace-based services designed to address	1528
employer and employee productivity issues;	1529

(ii) Providing assistance to employees and employees'	1530
dependents in identifying and finding the means to resolve	1531
personal problems that affect the employees or the employees'	1532
performance;	1533

(iii) Identifying and resolving productivity problems	1534
associated with an employee's concerns about any of the following	1535
matters: health, marriage, family, finances, substance abuse or	1536
other addiction, workplace, law, and emotional issues;	1537

(iv) Selecting and evaluating available community resources;

1538

(v) Making appropriate referrals;

1539

(vi) Local and national employee assistance agreements;

1540

(vii) Client confidentiality.

1541

(3) Division (L)(1) of this section does not apply to any of	1542
the following:	1543

(a) A criminal action or proceeding involving an offense	1544
under sections 2903.01 to 2903.06 of the Revised Code if the	1545
employee assistance professional's disclosure or testimony relates	1546
directly to the facts or immediate circumstances of the offense;	1547

(b) A communication made by a client to an employee	1548
assistance professional that reveals the contemplation or	1549
commission of a crime or serious, harmful act;	1550

(c) A communication that is made by a client who is an	1551
unemancipated minor or an adult adjudicated to be incompetent and	1552
indicates that the client was the victim of a crime or abuse;	1553

(d) A civil proceeding to determine an individual's mental	1554
competency or a criminal action in which a plea of not guilty by	1555
reason of insanity is entered;	1556

(e) A civil or criminal malpractice action brought against	1557
the employee assistance professional;	1558

(f) When the employee assistance professional has the express	1559
consent of the client or, if the client is deceased or disabled,	1560
the client's legal representative;	1561

(g) When the testimonial privilege otherwise provided by	1562
division (L)(1) of this section is abrogated under law.	1563

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	1564
of this section, no person, knowing that a felony has been or is	1565
being committed, shall knowingly fail to report such information	1566
to law enforcement authorities.	1567

(2) No person, knowing that a violation of division (B) of	1568
section 2913.04 of the Revised Code has been, or is being	1569
committed or that the person has received information derived from	1570
such a violation, shall knowingly fail to report the violation to	1571
law enforcement authorities.	1572

(B) Except for conditions that are within the scope of	1573
division (E) of this section, no physician, limited practitioner,	1574
nurse, or other person giving aid to a sick or injured person	1575
shall negligently fail to report to law enforcement authorities	1576
any gunshot or stab wound treated or observed by the physician,	1577
limited practitioner, nurse, or person, or any serious physical	1578
harm to persons that the physician, limited practitioner, nurse,	1579
or person knows or has reasonable cause to believe resulted from	1580
an offense of violence.	1581

(C) No person who discovers the body or acquires the first	1582
knowledge of the death of a person shall fail to report the death	1583
immediately to a physician whom the person knows to be treating	1584
the deceased for a condition from which death at such time would	1585
not be unexpected, or to a law enforcement officer, an ambulance	1586
service, an emergency squad, or the coroner in a political	1587
subdivision in which the body is discovered, the death is believed	1588
to have occurred, or knowledge concerning the death is obtained.	1589

(D) No person shall fail to provide upon request of the	1590
person to whom a report required by division (C) of this section	1591
was made, or to any law enforcement officer who has reasonable	1592
cause to assert the authority to investigate the circumstances	1593
surrounding the death, any facts within the person's knowledge	1594
that may have a bearing on the investigation of the death.	1595

(E)(1) As used in this division, "burn injury" means any of	1596
the following:	1597

(a) Second or third degree burns;

1598

(b) Any burns to the upper respiratory tract or laryngeal	1599
edema due to the inhalation of superheated air;	1600

(c) Any burn injury or wound that may result in death;

1601

(d) Any physical harm to persons caused by or as the result	1602
of the use of fireworks, novelties and trick noisemakers, and wire	1603
sparklers, as each is defined by section 3743.01 of the Revised	1604
Code.	1605

(2) No physician, nurse, or limited practitioner who, outside	1606
a hospital, sanitarium, or other medical facility, attends or	1607
treats a person who has sustained a burn injury that is inflicted	1608
by an explosion or other incendiary device or that shows evidence	1609
of having been inflicted in a violent, malicious, or criminal	1610
manner shall fail to report the burn injury immediately to the	1611
local arson, or fire and explosion investigation, bureau, if there	1612
is a bureau of this type in the jurisdiction in which the person	1613
is attended or treated, or otherwise to local law enforcement	1614
authorities.	1615

(3) No manager, superintendent, or other person in charge of	1616
a hospital, sanitarium, or other medical facility in which a	1617
person is attended or treated for any burn injury that is	1618
inflicted by an explosion or other incendiary device or that shows	1619
evidence of having been inflicted in a violent, malicious, or	1620
criminal manner shall fail to report the burn injury immediately	1621
to the local arson, or fire and explosion investigation, bureau,	1622
if there is a bureau of this type in the jurisdiction in which the	1623
person is attended or treated, or otherwise to local law	1624
enforcement authorities.	1625

(4) No person who is required to report any burn injury under	1626
division (E)(2) or (3) of this section shall fail to file, within	1627
three working days after attending or treating the victim, a	1628
written report of the burn injury with the office of the state	1629
fire marshal. The report shall comply with the uniform standard	1630
developed by the state fire marshal pursuant to division (A)(15)	1631
of section 3737.22 of the Revised Code.	1632

(5) Anyone participating in the making of reports under	1633
division (E) of this section or anyone participating in a judicial	1634
proceeding resulting from the reports is immune from any civil or	1635
criminal liability that otherwise might be incurred or imposed as	1636
a result of such actions. Notwithstanding section 4731.22 of the	1637
Revised Code, the physician-patient relationship is not a ground	1638
for excluding evidence regarding a person's burn injury or the	1639
cause of the burn injury in any judicial proceeding resulting from	1640
a report submitted under division (E) of this section.	1641

(F)(1) Any doctor of medicine or osteopathic medicine,	1642
hospital intern or resident, registered or licensed practical	1643
nurse, psychologist, social worker, independent social worker,	1644
social work assistant, licensed professional clinical counselor,	1645
orlicensed professional counselor, independent marriage and	1646
family therapist, or marriage and family therapist who knows or	1647
has reasonable cause to believe that a patient or client has been	1648
the victim of domestic violence, as defined in section 3113.31 of	1649
the Revised Code, shall note that knowledge or belief and the	1650
basis for it in the patient's or client's records.	1651

(2) Notwithstanding section 4731.22 of the Revised Code, the	1652
doctor-patient privilege shall not be a ground for excluding any	1653
information regarding the report containing the knowledge or	1654
belief noted under division (F)(1) of this section, and the	1655
information may be admitted as evidence in accordance with the	1656
Rules of Evidence.	1657

(G) Divisions (A) and (D) of this section do not require	1658
disclosure of information, when any of the following applies:	1659

(1) The information is privileged by reason of the	1660
relationship between attorney and client; doctor and patient;	1661
licensed psychologist or licensed school psychologist and client;	1662
licensed professional clinical counselor, licensed professional	1663
counselor, independent social worker, social worker, independent	1664
marriage and family therapist, or marriage and family therapist	1665
and client; member of the clergy, rabbi, minister, or priest and	1666
any person communicating information confidentially to the member	1667
of the clergy, rabbi, minister, or priest for a religious	1668
counseling purpose of a professional character; husband and wife;	1669
or a communications assistant and those who are a party to a	1670
telecommunications relay service call.	1671

(2) The information would tend to incriminate a member of the	1672
actor's immediate family.	1673

(3) Disclosure of the information would amount to revealing a	1674
news source, privileged under section 2739.04 or 2739.12 of the	1675
Revised Code.	1676

(4) Disclosure of the information would amount to disclosure	1677
by a member of the ordained clergy of an organized religious body	1678
of a confidential communication made to that member of the clergy	1679
in that member's capacity as a member of the clergy by a person	1680
seeking the aid or counsel of that member of the clergy.	1681

(5) Disclosure would amount to revealing information acquired	1682
by the actor in the course of the actor's duties in connection	1683
with a bona fide program of treatment or services for drug	1684
dependent persons or persons in danger of drug dependence, which	1685
program is maintained or conducted by a hospital, clinic, person,	1686
agency, or services provider certified pursuant to section 5119.36	1687
of the Revised Code.	1688

(6) Disclosure would amount to revealing information acquired	1689
by the actor in the course of the actor's duties in connection	1690
with a bona fide program for providing counseling services to	1691
victims of crimes that are violations of section 2907.02 or	1692
2907.05 of the Revised Code or to victims of felonious sexual	1693
penetration in violation of former section 2907.12 of the Revised	1694
Code. As used in this division, "counseling services" include	1695
services provided in an informal setting by a person who, by	1696
education or experience, is competent to provide those services.	1697

(H) No disclosure of information pursuant to this section	1698
gives rise to any liability or recrimination for a breach of	1699
privilege or confidence.	1700

(I) Whoever violates division (A) or (B) of this section is	1701
guilty of failure to report a crime. Violation of division (A)(1)	1702
of this section is a misdemeanor of the fourth degree. Violation	1703
of division (A)(2) or (B) of this section is a misdemeanor of the	1704
second degree.	1705

(J) Whoever violates division (C) or (D) of this section is	1706
guilty of failure to report knowledge of a death, a misdemeanor of	1707
the fourth degree.	1708

(K)(1) Whoever negligently violates division (E) of this	1709
section is guilty of a minor misdemeanor.	1710

(2) Whoever knowingly violates division (E) of this section	1711
is guilty of a misdemeanor of the second degree.	1712

Sec. 2925.01.  As used in this chapter:

1713

(A) "Administer," "controlled substance," "controlled	1714
substance analog," "dispense," "distribute," "hypodermic,"	1715
"manufacturer," "official written order," "person," "pharmacist,"	1716
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"	1717
"schedule IV," "schedule V," and "wholesaler" have the same	1718
meanings as in section 3719.01 of the Revised Code.	1719

(B) "Drug dependent person" and "drug of abuse" have the same	1720
meanings as in section 3719.011 of the Revised Code.	1721

(C) "Drug," "dangerous drug," "licensed health professional	1722
authorized to prescribe drugs," and "prescription" have the same	1723
meanings as in section 4729.01 of the Revised Code.	1724

(D) "Bulk amount" of a controlled substance means any of the	1725
following:	1726

(1) For any compound, mixture, preparation, or substance	1727
included in schedule I, schedule II, or schedule III, with the	1728
exception of controlled substance analogs, marihuana, cocaine,	1729
L.S.D., heroin, and hashish and except as provided in division	1730
(D)(2) or (5) of this section, whichever of the following is	1731
applicable:	1732

(a) An amount equal to or exceeding ten grams or twenty-five	1733
unit doses of a compound, mixture, preparation, or substance that	1734
is or contains any amount of a schedule I opiate or opium	1735
derivative;	1736

(b) An amount equal to or exceeding ten grams of a compound,	1737
mixture, preparation, or substance that is or contains any amount	1738
of raw or gum opium;	1739

(c) An amount equal to or exceeding thirty grams or ten unit	1740
doses of a compound, mixture, preparation, or substance that is or	1741
contains any amount of a schedule I hallucinogen other than	1742
tetrahydrocannabinol or lysergic acid amide, or a schedule I	1743
stimulant or depressant;	1744

(d) An amount equal to or exceeding twenty grams or five	1745
times the maximum daily dose in the usual dose range specified in	1746
a standard pharmaceutical reference manual of a compound, mixture,	1747
preparation, or substance that is or contains any amount of a	1748
schedule II opiate or opium derivative;	1749

(e) An amount equal to or exceeding five grams or ten unit	1750
doses of a compound, mixture, preparation, or substance that is or	1751
contains any amount of phencyclidine;	1752

(f) An amount equal to or exceeding one hundred twenty grams	1753
or thirty times the maximum daily dose in the usual dose range	1754
specified in a standard pharmaceutical reference manual of a	1755
compound, mixture, preparation, or substance that is or contains	1756
any amount of a schedule II stimulant that is in a final dosage	1757
form manufactured by a person authorized by the "Federal Food,	1758
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	1759
amended, and the federal drug abuse control laws, as defined in	1760
section 3719.01 of the Revised Code, that is or contains any	1761
amount of a schedule II depressant substance or a schedule II	1762
hallucinogenic substance;	1763

(g) An amount equal to or exceeding three grams of a	1764
compound, mixture, preparation, or substance that is or contains	1765
any amount of a schedule II stimulant, or any of its salts or	1766
isomers, that is not in a final dosage form manufactured by a	1767
person authorized by the Federal Food, Drug, and Cosmetic Act and	1768
the federal drug abuse control laws.	1769

(2) An amount equal to or exceeding one hundred twenty grams	1770
or thirty times the maximum daily dose in the usual dose range	1771
specified in a standard pharmaceutical reference manual of a	1772
compound, mixture, preparation, or substance that is or contains	1773
any amount of a schedule III or IV substance other than an	1774
anabolic steroid or a schedule III opiate or opium derivative;	1775

(3) An amount equal to or exceeding twenty grams or five	1776
times the maximum daily dose in the usual dose range specified in	1777
a standard pharmaceutical reference manual of a compound, mixture,	1778
preparation, or substance that is or contains any amount of a	1779
schedule III opiate or opium derivative;	1780

(4) An amount equal to or exceeding two hundred fifty	1781
milliliters or two hundred fifty grams of a compound, mixture,	1782
preparation, or substance that is or contains any amount of a	1783
schedule V substance;	1784

(5) An amount equal to or exceeding two hundred solid dosage	1785
units, sixteen grams, or sixteen milliliters of a compound,	1786
mixture, preparation, or substance that is or contains any amount	1787
of a schedule III anabolic steroid.	1788

(E) "Unit dose" means an amount or unit of a compound,	1789
mixture, or preparation containing a controlled substance that is	1790
separately identifiable and in a form that indicates that it is	1791
the amount or unit by which the controlled substance is separately	1792
administered to or taken by an individual.	1793

(F) "Cultivate" includes planting, watering, fertilizing, or	1794
tilling.	1795

(G) "Drug abuse offense" means any of the following:

1796

(1) A violation of division (A) of section 2913.02 that	1797
constitutes theft of drugs, or a violation of section 2925.02,	1798
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	1799
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	1800
2925.37 of the Revised Code;	1801

(2) A violation of an existing or former law of this or any	1802
other state or of the United States that is substantially	1803
equivalent to any section listed in division (G)(1) of this	1804
section;	1805

(3) An offense under an existing or former law of this or any	1806
other state, or of the United States, of which planting,	1807
cultivating, harvesting, processing, making, manufacturing,	1808
producing, shipping, transporting, delivering, acquiring,	1809
possessing, storing, distributing, dispensing, selling, inducing	1810
another to use, administering to another, using, or otherwise	1811
dealing with a controlled substance is an element;	1812

(4) A conspiracy to commit, attempt to commit, or complicity	1813
in committing or attempting to commit any offense under division	1814
(G)(1), (2), or (3) of this section.	1815

(H) "Felony drug abuse offense" means any drug abuse offense	1816
that would constitute a felony under the laws of this state, any	1817
other state, or the United States.	1818

(I) "Harmful intoxicant" does not include beer or	1819
intoxicating liquor but means any of the following:	1820

(1) Any compound, mixture, preparation, or substance the gas,	1821
fumes, or vapor of which when inhaled can induce intoxication,	1822
excitement, giddiness, irrational behavior, depression,	1823
stupefaction, paralysis, unconsciousness, asphyxiation, or other	1824
harmful physiological effects, and includes, but is not limited	1825
to, any of the following:	1826

(a) Any volatile organic solvent, plastic cement, model	1827
cement, fingernail polish remover, lacquer thinner, cleaning	1828
fluid, gasoline, or other preparation containing a volatile	1829
organic solvent;	1830

(b) Any aerosol propellant;

1831

(c) Any fluorocarbon refrigerant;

1832

(d) Any anesthetic gas.

1833

(2) Gamma Butyrolactone;

1834

(3) 1,4 Butanediol.

1835

(J) "Manufacture" means to plant, cultivate, harvest,	1836
process, make, prepare, or otherwise engage in any part of the	1837
production of a drug, by propagation, extraction, chemical	1838
synthesis, or compounding, or any combination of the same, and	1839
includes packaging, repackaging, labeling, and other activities	1840
incident to production.	1841

(K) "Possess" or "possession" means having control over a	1842
thing or substance, but may not be inferred solely from mere	1843
access to the thing or substance through ownership or occupation	1844
of the premises upon which the thing or substance is found.	1845

(L) "Sample drug" means a drug or pharmaceutical preparation	1846
that would be hazardous to health or safety if used without the	1847
supervision of a licensed health professional authorized to	1848
prescribe drugs, or a drug of abuse, and that, at one time, had	1849
been placed in a container plainly marked as a sample by a	1850
manufacturer.	1851

(M) "Standard pharmaceutical reference manual" means the	1852
current edition, with cumulative changes if any, of references	1853
that are approved by the state board of pharmacy.	1854

(N) "Juvenile" means a person under eighteen years of age.

1855

(O) "Counterfeit controlled substance" means any of the	1856
following:	1857

(1) Any drug that bears, or whose container or label bears, a	1858
trademark, trade name, or other identifying mark used without	1859
authorization of the owner of rights to that trademark, trade	1860
name, or identifying mark;	1861

(2) Any unmarked or unlabeled substance that is represented	1862
to be a controlled substance manufactured, processed, packed, or	1863
distributed by a person other than the person that manufactured,	1864
processed, packed, or distributed it;	1865

(3) Any substance that is represented to be a controlled	1866
substance but is not a controlled substance or is a different	1867
controlled substance;	1868

(4) Any substance other than a controlled substance that a	1869
reasonable person would believe to be a controlled substance	1870
because of its similarity in shape, size, and color, or its	1871
markings, labeling, packaging, distribution, or the price for	1872
which it is sold or offered for sale.	1873

(P) An offense is "committed in the vicinity of a school" if	1874
the offender commits the offense on school premises, in a school	1875
building, or within one thousand feet of the boundaries of any	1876
school premises, regardless of whether the offender knows the	1877
offense is being committed on school premises, in a school	1878
building, or within one thousand feet of the boundaries of any	1879
school premises.	1880

(Q) "School" means any school operated by a board of	1881
education, any community school established under Chapter 3314. of	1882
the Revised Code, or any nonpublic school for which the state	1883
board of education prescribes minimum standards under section	1884
3301.07 of the Revised Code, whether or not any instruction,	1885
extracurricular activities, or training provided by the school is	1886
being conducted at the time a criminal offense is committed.	1887

(R) "School premises" means either of the following:

1888

(1) The parcel of real property on which any school is	1889
situated, whether or not any instruction, extracurricular	1890
activities, or training provided by the school is being conducted	1891
on the premises at the time a criminal offense is committed;	1892

(2) Any other parcel of real property that is owned or leased	1893
by a board of education of a school, the governing authority of a	1894
community school established under Chapter 3314. of the Revised	1895
Code, or the governing body of a nonpublic school for which the	1896
state board of education prescribes minimum standards under	1897
section 3301.07 of the Revised Code and on which some of the	1898
instruction, extracurricular activities, or training of the school	1899
is conducted, whether or not any instruction, extracurricular	1900
activities, or training provided by the school is being conducted	1901
on the parcel of real property at the time a criminal offense is	1902
committed.	1903

(S) "School building" means any building in which any of the	1904
instruction, extracurricular activities, or training provided by a	1905
school is conducted, whether or not any instruction,	1906
extracurricular activities, or training provided by the school is	1907
being conducted in the school building at the time a criminal	1908
offense is committed.	1909

(T) "Disciplinary counsel" means the disciplinary counsel	1910
appointed by the board of commissioners on grievances and	1911
discipline of the supreme court under the Rules for the Government	1912
of the Bar of Ohio.	1913

(U) "Certified grievance committee" means a duly constituted	1914
and organized committee of the Ohio state bar association or of	1915
one or more local bar associations of the state of Ohio that	1916
complies with the criteria set forth in Rule V, section 6 of the	1917
Rules for the Government of the Bar of Ohio.	1918

(V) "Professional license" means any license, permit,	1919
certificate, registration, qualification, admission, temporary	1920
license, temporary permit, temporary certificate, or temporary	1921
registration that is described in divisions (W)(1) to (36) of this	1922
section and that qualifies a person as a professionally licensed	1923
person.	1924

(W) "Professionally licensed person" means any of the	1925
following:	1926

(1) A person who has obtained a license as a manufacturer of	1927
controlled substances or a wholesaler of controlled substances	1928
under Chapter 3719. of the Revised Code;	1929

(2) A person who has received a certificate or temporary	1930
certificate as a certified public accountant or who has registered	1931
as a public accountant under Chapter 4701. of the Revised Code and	1932
who holds an Ohio permit issued under that chapter;	1933

(3) A person who holds a certificate of qualification to	1934
practice architecture issued or renewed and registered under	1935
Chapter 4703. of the Revised Code;	1936

(4) A person who is registered as a landscape architect under	1937
Chapter 4703. of the Revised Code or who holds a permit as a	1938
landscape architect issued under that chapter;	1939

(5) A person licensed under Chapter 4707. of the Revised	1940
Code;	1941

(6) A person who has been issued a certificate of	1942
registration as a registered barber under Chapter 4709. of the	1943
Revised Code;	1944

(7) A person licensed and regulated to engage in the business	1945
of a debt pooling company by a legislative authority, under	1946
authority of Chapter 4710. of the Revised Code;	1947

(8) A person who has been issued a cosmetologist's license,	1948
hair designer's license, manicurist's license, esthetician's	1949
license, natural hair stylist's license, managing cosmetologist's	1950
license, managing hair designer's license, managing manicurist's	1951
license, managing esthetician's license, managing natural hair	1952
stylist's license, cosmetology instructor's license, hair design	1953
instructor's license, manicurist instructor's license, esthetics	1954
instructor's license, natural hair style instructor's license,	1955
independent contractor's license, or tanning facility permit under	1956
Chapter 4713. of the Revised Code;	1957

(9) A person who has been issued a license to practice	1958
dentistry, a general anesthesia permit, a conscious intravenous	1959
sedation permit, a limited resident's license, a limited teaching	1960
license, a dental hygienist's license, or a dental hygienist's	1961
teacher's certificate under Chapter 4715. of the Revised Code;	1962

(10) A person who has been issued an embalmer's license, a	1963
funeral director's license, a funeral home license, or a crematory	1964
license, or who has been registered for an embalmer's or funeral	1965
director's apprenticeship under Chapter 4717. of the Revised Code;	1966

(11) A person who has been licensed as a registered nurse or	1967
practical nurse, or who has been issued a certificate for the	1968
practice of nurse-midwifery under Chapter 4723. of the Revised	1969
Code;	1970

(12) A person who has been licensed to practice optometry or	1971
to engage in optical dispensing under Chapter 4725. of the Revised	1972
Code;	1973

(13) A person licensed to act as a pawnbroker under Chapter	1974
4727. of the Revised Code;	1975

(14) A person licensed to act as a precious metals dealer	1976
under Chapter 4728. of the Revised Code;	1977

(15) A person licensed as a pharmacist, a pharmacy intern, a	1978
wholesale distributor of dangerous drugs, or a terminal	1979
distributor of dangerous drugs under Chapter 4729. of the Revised	1980
Code;	1981

(16) A person who is authorized to practice as a physician	1982
assistant under Chapter 4730. of the Revised Code;	1983

(17) A person who has been issued a certificate to practice	1984
medicine and surgery, osteopathic medicine and surgery, a limited	1985
branch of medicine, or podiatry under Chapter 4731. of the Revised	1986
Code;	1987

(18) A person licensed as a psychologist or school	1988
psychologist under Chapter 4732. of the Revised Code;	1989

(19) A person registered to practice the profession of	1990
engineering or surveying under Chapter 4733. of the Revised Code;	1991

(20) A person who has been issued a license to practice	1992
chiropractic under Chapter 4734. of the Revised Code;	1993

(21) A person licensed to act as a real estate broker or real	1994
estate salesperson under Chapter 4735. of the Revised Code;	1995

(22) A person registered as a registered sanitarian under	1996
Chapter 4736. of the Revised Code;	1997

(23) A person licensed to operate or maintain a junkyard	1998
under Chapter 4737. of the Revised Code;	1999

(24) A person who has been issued a motor vehicle salvage	2000
dealer's license under Chapter 4738. of the Revised Code;	2001

(25) A person who has been licensed to act as a steam	2002
engineer under Chapter 4739. of the Revised Code;	2003

(26) A person who has been issued a license or temporary	2004
permit to practice veterinary medicine or any of its branches, or	2005
who is registered as a graduate animal technician under Chapter	2006
4741. of the Revised Code;	2007

(27) A person who has been issued a hearing aid dealer's or	2008
fitter's license or trainee permit under Chapter 4747. of the	2009
Revised Code;	2010

(28) A person who has been issued a class A, class B, or	2011
class C license or who has been registered as an investigator or	2012
security guard employee under Chapter 4749. of the Revised Code;	2013

(29) A person licensed and registered to practice as a	2014
nursing home administrator under Chapter 4751. of the Revised	2015
Code;	2016

(30) A person licensed to practice as a speech-language	2017
pathologist or audiologist under Chapter 4753. of the Revised	2018
Code;	2019

(31) A person issued a license as an occupational therapist	2020
or physical therapist under Chapter 4755. of the Revised Code;	2021

(32) A person who is licensed as a licensed professional	2022
clinical counselor or, licensed professional counselor, licensed	2023
as a social worker or, independent social worker, independent	2024
marriage and family therapist, or marriage and family therapist,	2025
or registered as a social work assistant under Chapter 4757. of	2026
the Revised Code;	2027

(33) A person issued a license to practice dietetics under	2028
Chapter 4759. of the Revised Code;	2029

(34) A person who has been issued a license or limited permit	2030
to practice respiratory therapy under Chapter 4761. of the Revised	2031
Code;	2032

(35) A person who has been issued a real estate appraiser	2033
certificate under Chapter 4763. of the Revised Code;	2034

(36) A person who has been admitted to the bar by order of	2035
the supreme court in compliance with its prescribed and published	2036
rules.	2037

(X) "Cocaine" means any of the following:

2038

(1) A cocaine salt, isomer, or derivative, a salt of a	2039
cocaine isomer or derivative, or the base form of cocaine;	2040

(2) Coca leaves or a salt, compound, derivative, or	2041
preparation of coca leaves, including ecgonine, a salt, isomer, or	2042
derivative of ecgonine, or a salt of an isomer or derivative of	2043
ecgonine;	2044

(3) A salt, compound, derivative, or preparation of a	2045
substance identified in division (X)(1) or (2) of this section	2046
that is chemically equivalent to or identical with any of those	2047
substances, except that the substances shall not include	2048
decocainized coca leaves or extraction of coca leaves if the	2049
extractions do not contain cocaine or ecgonine.	2050

(Y) "L.S.D." means lysergic acid diethylamide.

2051

(Z) "Hashish" means the resin or a preparation of the resin	2052
contained in marihuana, whether in solid form or in a liquid	2053
concentrate, liquid extract, or liquid distillate form.	2054

(AA) "Marihuana" has the same meaning as in section 3719.01	2055
of the Revised Code, except that it does not include hashish.	2056

(BB) An offense is "committed in the vicinity of a juvenile"	2057
if the offender commits the offense within one hundred feet of a	2058
juvenile or within the view of a juvenile, regardless of whether	2059
the offender knows the age of the juvenile, whether the offender	2060
knows the offense is being committed within one hundred feet of or	2061
within view of the juvenile, or whether the juvenile actually	2062
views the commission of the offense.	2063

(CC) "Presumption for a prison term" or "presumption that a	2064
prison term shall be imposed" means a presumption, as described in	2065
division (D) of section 2929.13 of the Revised Code, that a prison	2066
term is a necessary sanction for a felony in order to comply with	2067
the purposes and principles of sentencing under section 2929.11 of	2068
the Revised Code.	2069

(DD) "Major drug offender" has the same meaning as in section	2070
2929.01 of the Revised Code.	2071

(EE) "Minor drug possession offense" means either of the	2072
following:	2073

(1) A violation of section 2925.11 of the Revised Code as it	2074
existed prior to July 1, 1996;	2075

(2) A violation of section 2925.11 of the Revised Code as it	2076
exists on and after July 1, 1996, that is a misdemeanor or a	2077
felony of the fifth degree.	2078

(FF) "Mandatory prison term" has the same meaning as in	2079
section 2929.01 of the Revised Code.	2080

(GG) "Adulterate" means to cause a drug to be adulterated as	2081
described in section 3715.63 of the Revised Code.	2082

(HH) "Public premises" means any hotel, restaurant, tavern,	2083
store, arena, hall, or other place of public accommodation,	2084
business, amusement, or resort.	2085

(II) "Methamphetamine" means methamphetamine, any salt,	2086
isomer, or salt of an isomer of methamphetamine, or any compound,	2087
mixture, preparation, or substance containing methamphetamine or	2088
any salt, isomer, or salt of an isomer of methamphetamine.	2089

(JJ) "Lawful prescription" means a prescription that is	2090
issued for a legitimate medical purpose by a licensed health	2091
professional authorized to prescribe drugs, that is not altered or	2092
forged, and that was not obtained by means of deception or by the	2093
commission of any theft offense.	2094

(KK) "Deception" and "theft offense" have the same meanings	2095
as in section 2913.01 of the Revised Code.	2096

Sec. 2951.041.  (A)(1) If an offender is charged with a	2097
criminal offense, including but not limited to a violation of	2098
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2099
the Revised Code, and the court has reason to believe that drug or	2100
alcohol usage by the offender was a factor leading to the criminal	2101
offense with which the offender is charged or that, at the time of	2102
committing that offense, the offender had a mental illness or was	2103
a person with intellectual disability and that the mental illness	2104
or status as a person with intellectual disability was a factor	2105
leading to the offender's criminal behavior, the court may accept,	2106
prior to the entry of a guilty plea, the offender's request for	2107
intervention in lieu of conviction. The request shall include a	2108
statement from the offender as to whether the offender is alleging	2109
that drug or alcohol usage by the offender was a factor leading to	2110
the criminal offense with which the offender is charged or is	2111
alleging that, at the time of committing that offense, the	2112
offender had a mental illness or was a person with intellectual	2113
disability and that the mental illness or status as a person with	2114
intellectual disability was a factor leading to the criminal	2115
offense with which the offender is charged. The request also shall	2116
include a waiver of the defendant's right to a speedy trial, the	2117
preliminary hearing, the time period within which the grand jury	2118
may consider an indictment against the offender, and arraignment,	2119
unless the hearing, indictment, or arraignment has already	2120
occurred. The court may reject an offender's request without a	2121
hearing. If the court elects to consider an offender's request,	2122
the court shall conduct a hearing to determine whether the	2123
offender is eligible under this section for intervention in lieu	2124
of conviction and shall stay all criminal proceedings pending the	2125
outcome of the hearing. If the court schedules a hearing, the	2126
court shall order an assessment of the offender for the purpose of	2127
determining the offender's eligibility for intervention in lieu of	2128
conviction and recommending an appropriate intervention plan.	2129

If the offender alleges that drug or alcohol usage by the	2130
offender was a factor leading to the criminal offense with which	2131
the offender is charged, the court may order that the offender be	2132
assessed by an addiction services provider certified pursuant to	2133
section 5119.36 of the Revised Code or a properly credentialed	2134
professional for the purpose of determining the offender's	2135
eligibility for intervention in lieu of conviction and	2136
recommending an appropriate intervention plan. The addiction	2137
services provider or the properly credentialed professional shall	2138
provide a written assessment of the offender to the court.	2139

(2) The victim notification provisions of division (C) of	2140
section 2930.08 of the Revised Code apply in relation to any	2141
hearing held under division (A)(1) of this section.	2142

(B) An offender is eligible for intervention in lieu of	2143
conviction if the court finds all of the following:	2144

(1) The offender previously has not been convicted of or	2145
pleaded guilty to a felony offense of violence or previously has	2146
been convicted of or pleaded guilty to any felony that is not an	2147
offense of violence and the prosecuting attorney recommends that	2148
the offender be found eligible for participation in intervention	2149
in lieu of treatment under this section, previously has not been	2150
through intervention in lieu of conviction under this section or	2151
any similar regimen, and is charged with a felony for which the	2152
court, upon conviction, would impose a community control sanction	2153
on the offender under division (B)(2) of section 2929.13 of the	2154
Revised Code or with a misdemeanor.	2155

(2) The offense is not a felony of the first, second, or	2156
third degree, is not an offense of violence, is not a violation of	2157
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2158
not a violation of division (A)(1) of section 2903.08 of the	2159
Revised Code, is not a violation of division (A) of section	2160
4511.19 of the Revised Code or a municipal ordinance that is	2161
substantially similar to that division, and is not an offense for	2162
which a sentencing court is required to impose a mandatory prison	2163
term, a mandatory term of local incarceration, or a mandatory term	2164
of imprisonment in a jail.	2165

(3) The offender is not charged with a violation of section	2166
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2167
with a violation of section 2925.03 of the Revised Code that is a	2168
felony of the first, second, third, or fourth degree, and is not	2169
charged with a violation of section 2925.11 of the Revised Code	2170
that is a felony of the first, second, or third degree.	2171

(4) If an offender alleges that drug or alcohol usage by the	2172
offender was a factor leading to the criminal offense with which	2173
the offender is charged, the court has ordered that the offender	2174
be assessed by an addiction services provider certified pursuant	2175
to section 5119.36 of the Revised Code or a properly credentialed	2176
professional for the purpose of determining the offender's	2177
eligibility for intervention in lieu of conviction and	2178
recommending an appropriate intervention plan, the offender has	2179
been assessed by an addiction services provider of that nature or	2180
a properly credentialed professional in accordance with the	2181
court's order, and the addiction services provider or properly	2182
credentialed professional has filed the written assessment of the	2183
offender with the court.	2184

(5) If an offender alleges that, at the time of committing	2185
the criminal offense with which the offender is charged, the	2186
offender had a mental illness or was a person with intellectual	2187
disability and that the mental illness or status as a person with	2188
intellectual disability was a factor leading to that offense, the	2189
offender has been assessed by a psychiatrist, psychologist,	2190
independent social worker, orlicensed professional clinical	2191
counselor, or independent marriage and family therapist for the	2192
purpose of determining the offender's eligibility for intervention	2193
in lieu of conviction and recommending an appropriate intervention	2194
plan.	2195

(6) The offender's drug usage, alcohol usage, mental illness,	2196
or intellectual disability, whichever is applicable, was a factor	2197
leading to the criminal offense with which the offender is	2198
charged, intervention in lieu of conviction would not demean the	2199
seriousness of the offense, and intervention would substantially	2200
reduce the likelihood of any future criminal activity.	2201

(7) The alleged victim of the offense was not sixty-five	2202
years of age or older, permanently and totally disabled, under	2203
thirteen years of age, or a peace officer engaged in the officer's	2204
official duties at the time of the alleged offense.	2205

(8) If the offender is charged with a violation of section	2206
2925.24 of the Revised Code, the alleged violation did not result	2207
in physical harm to any person, and the offender previously has	2208
not been treated for drug abuse.	2209

(9) The offender is willing to comply with all terms and	2210
conditions imposed by the court pursuant to division (D) of this	2211
section.	2212

(10) The offender is not charged with an offense that would	2213
result in the offender being disqualified under Chapter 4506. of	2214
the Revised Code from operating a commercial motor vehicle or	2215
would subject the offender to any other sanction under that	2216
chapter.	2217

(C) At the conclusion of a hearing held pursuant to division	2218
(A) of this section, the court shall enter its determination as to	2219
whether the offender is eligible for intervention in lieu of	2220
conviction and as to whether to grant the offender's request. If	2221
the court finds under division (B) of this section that the	2222
offender is eligible for intervention in lieu of conviction and	2223
grants the offender's request, the court shall accept the	2224
offender's plea of guilty and waiver of the defendant's right to a	2225
speedy trial, the preliminary hearing, the time period within	2226
which the grand jury may consider an indictment against the	2227
offender, and arraignment, unless the hearing, indictment, or	2228
arraignment has already occurred. In addition, the court then may	2229
stay all criminal proceedings and order the offender to comply	2230
with all terms and conditions imposed by the court pursuant to	2231
division (D) of this section. If the court finds that the offender	2232
is not eligible or does not grant the offender's request, the	2233
criminal proceedings against the offender shall proceed as if the	2234
offender's request for intervention in lieu of conviction had not	2235
been made.	2236

(D) If the court grants an offender's request for	2237
intervention in lieu of conviction, the court shall place the	2238
offender under the general control and supervision of the county	2239
probation department, the adult parole authority, or another	2240
appropriate local probation or court services agency, if one	2241
exists, as if the offender was subject to a community control	2242
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2243
Revised Code. The court shall establish an intervention plan for	2244
the offender. The terms and conditions of the intervention plan	2245
shall require the offender, for at least one year from the date on	2246
which the court grants the order of intervention in lieu of	2247
conviction, to abstain from the use of illegal drugs and alcohol,	2248
to participate in treatment and recovery support services, and to	2249
submit to regular random testing for drug and alcohol use and may	2250
include any other treatment terms and conditions, or terms and	2251
conditions similar to community control sanctions, which may	2252
include community service or restitution, that are ordered by the	2253
court.	2254

(E) If the court grants an offender's request for	2255
intervention in lieu of conviction and the court finds that the	2256
offender has successfully completed the intervention plan for the	2257
offender, including the requirement that the offender abstain from	2258
using illegal drugs and alcohol for a period of at least one year	2259
from the date on which the court granted the order of intervention	2260
in lieu of conviction, the requirement that the offender	2261
participate in treatment and recovery support services, and all	2262
other terms and conditions ordered by the court, the court shall	2263
dismiss the proceedings against the offender. Successful	2264
completion of the intervention plan and period of abstinence under	2265
this section shall be without adjudication of guilt and is not a	2266
criminal conviction for purposes of any disqualification or	2267
disability imposed by law and upon conviction of a crime, and the	2268
court may order the sealing of records related to the offense in	2269
question in the manner provided in sections 2953.31 to 2953.36 of	2270
the Revised Code.	2271

(F) If the court grants an offender's request for	2272
intervention in lieu of conviction and the offender fails to	2273
comply with any term or condition imposed as part of the	2274
intervention plan for the offender, the supervising authority for	2275
the offender promptly shall advise the court of this failure, and	2276
the court shall hold a hearing to determine whether the offender	2277
failed to comply with any term or condition imposed as part of the	2278
plan. If the court determines that the offender has failed to	2279
comply with any of those terms and conditions, it shall enter a	2280
finding of guilty and shall impose an appropriate sanction under	2281
Chapter 2929. of the Revised Code. If the court sentences the	2282
offender to a prison term, the court, after consulting with the	2283
department of rehabilitation and correction regarding the	2284
availability of services, may order continued court-supervised	2285
activity and treatment of the offender during the prison term and,	2286
upon consideration of reports received from the department	2287
concerning the offender's progress in the program of activity and	2288
treatment, may consider judicial release under section 2929.20 of	2289
the Revised Code.	2290

(G) As used in this section:

2291

(1) "Community control sanction" has the same meaning as in	2292
section 2929.01 of the Revised Code.	2293

(2) "Intervention in lieu of conviction" means any	2294
court-supervised activity that complies with this section.	2295

(3) "Peace officer" has the same meaning as in section	2296
2935.01 of the Revised Code.	2297

(4) "Mental illness" and "psychiatrist" have the same	2298
meanings as in section 5122.01 of the Revised Code.	2299

(5) "Person with intellectual disability" means a person	2300
having significantly subaverage general intellectual functioning	2301
existing concurrently with deficiencies in adaptive behavior,	2302
manifested during the developmental period.	2303

(6) "Psychologist" has the same meaning as in section 4732.01	2304
of the Revised Code.	2305

(H) Whenever the term "mentally retarded person" is used in	2306
any statute, rule, contract, grant, or other document, the	2307
reference shall be deemed to include a "person with intellectual	2308
disability," as defined in this section.	2309

Sec. 3107.014.  (A) Except as provided in division (B) of	2310
this section, only an individual who meets all of the following	2311
requirements may perform the duties of an assessor under sections	2312
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	2313
5103.0324, and 5103.152 of the Revised Code:	2314

(1) The individual must be in the employ of, appointed by, or	2315
under contract with a court, public children services agency,	2316
private child placing agency, or private noncustodial agency;	2317

(2) The individual must be one of the following:

2318

(a) A licensed professional clinical counselor, licensed	2319
professional counselor, independent social worker, social worker,	2320
independent marriage and family therapist, or marriage and family	2321
therapist licensed under Chapter 4757. of the Revised Code;	2322

(b) A psychologist licensed under Chapter 4732. of the	2323
Revised Code;	2324

(c) A student working to earn a four-year, post-secondary	2325
degree, or higher, in a social or behavior science, or both, who	2326
conducts assessor's duties under the supervision of a licensed	2327
professional clinical counselor, licensed professional counselor,	2328
independent social worker, social worker, independent marriage and	2329
family therapist, or marriage and family therapist licensed under	2330
Chapter 4757. of the Revised Code or a psychologist licensed under	2331
Chapter 4732. of the Revised Code. Beginning July 1, 2009, a	2332
student is eligible under this division only if the supervising	2333
licensed professional clinical counselor, licensed professional	2334
counselor, independent social worker, social worker, independent	2335
marriage and family therapist, marriage and family therapist, or	2336
psychologist has completed training in accordance with rules	2337
adopted under section 3107.015 of the Revised Code.	2338

(d) A civil service employee engaging in social work without	2339
a license under Chapter 4757. of the Revised Code, as permitted by	2340
division (A)(5) of section 4757.41 of the Revised Code;	2341

(e) A former employee of a public children services agency	2342
who, while so employed, conducted the duties of an assessor;	2343

(f) An employee of a court or public children services agency	2344
who is employed to conduct the duties of an assessor.	2345

(3) The individual must complete training in accordance with	2346
rules adopted under section 3107.015 of the Revised Code.	2347

(B) An individual in the employ of, appointed by, or under	2348
contract with a court prior to September 18, 1996, to conduct	2349
adoption investigations of prospective adoptive parents may	2350
perform the duties of an assessor under sections 3107.031,	2351
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	2352
5103.152 of the Revised Code if the individual complies with	2353
division (A)(3) of this section regardless of whether the	2354
individual meets the requirement of division (A)(2) of this	2355
section.	2356

(C) A court, public children services agency, private child	2357
placing agency, or private noncustodial agency may employ,	2358
appoint, or contract with an assessor in the county in which a	2359
petition for adoption is filed and in any other county or location	2360
outside this state where information needed to complete or	2361
supplement the assessor's duties may be obtained. More than one	2362
assessor may be utilized for an adoption.	2363

(D) Not later than January 1, 2008, the department of job and	2364
family services shall develop and maintain an assessor registry.	2365
The registry shall list all individuals who are employed,	2366
appointed by, or under contract with a court, public children	2367
services agency, private child placing agency, or private	2368
noncustodial agency and meet the requirements of an assessor as	2369
described in this section. A public children services agency,	2370
private child placing agency, private noncustodial agency, court,	2371
or any other person may contact the department to determine if an	2372
individual is listed in the assessor registry. An individual	2373
listed in the assessor registry shall immediately inform the	2374
department when that individual is no longer employed, appointed	2375
by, or under contract with a court, public children services	2376
agency, private child placing agency, or private noncustodial	2377
agency to perform the duties of an assessor as described in this	2378
section. The director of job and family services shall adopt rules	2379
in accordance with Chapter 119. of the Revised Code necessary for	2380
the implementation, contents, and maintenance of the registry, and	2381
any sanctions related to the provision of information, or the	2382
failure to provide information, that is needed for the proper	2383
operation of the assessor registry.	2384

Sec. 3701.046. The director of health is authorized to make	2385
grants for women's health services from funds appropriated for	2386
that purpose by the general assembly.	2387

None of the funds received through grants for women's health	2388
services shall be used to provide abortion services. None of the	2389
funds received through these grants shall be used for counseling	2390
for or referrals for abortion, except in the case of a medical	2391
emergency. These funds shall be distributed by the director to	2392
programs that the department of health determines will provide	2393
services that are physically and financially separate from	2394
abortion-providing and abortion-promoting activities, and that do	2395
not include counseling for or referrals for abortion, other than	2396
in the case of medical emergency.	2397

These women's health services include and are limited to the	2398
following: pelvic examinations and laboratory testing; breast	2399
examinations and patient education on breast cancer; screening for	2400
cervical cancer; screening and treatment for sexually transmitted	2401
diseases and HIV screening; voluntary choice of contraception,	2402
including abstinence and natural family planning; patient	2403
education and pre-pregnancy counseling on the dangers of smoking,	2404
alcohol, and drug use during pregnancy; education on sexual	2405
coercion and violence in relationships; and prenatal care or	2406
referral for prenatal care. These health care services shall be	2407
provided in a medical clinic setting by persons authorized under	2408
Chapter. 4731. of the Revised Code to practice medicine and	2409
surgery or osteopathic medicine and surgery; authorized under	2410
Chapter 4730. of the Revised Code to practice as a physician	2411
assistant; licensed under Chapter 4723. of the Revised Code as a	2412
registered nurse or licensed practical nurse; or licensed under	2413
Chapter 4757. of the Revised Code as a social worker, independent	2414
social worker, licensed professional clinical counselor, or	2415
licensed professional counselor.	2416

The director shall adopt rules under Chapter 119. of the	2417
Revised Code specifying reasonable eligibility standards that must	2418
be met to receive the state funding and provide reasonable methods	2419
by which a grantee wishing to be eligible for federal funding may	2420
comply with these requirements for state funding without losing	2421
its eligibility for federal funding.	2422

Each applicant for these funds shall provide sufficient	2423
assurance to the director of all of the following:	2424

(A) The program shall not discriminate in the provision of	2425
services based on an individual's religion, race, national origin,	2426
handicapping condition, age, sex, number of pregnancies, or	2427
marital status;	2428

(B) The program shall provide services without subjecting	2429
individuals to any coercion to accept services or to employ any	2430
particular methods of family planning;	2431

(C) Acceptance of services shall be solely on a voluntary	2432
basis and may not be made a prerequisite to eligibility for, or	2433
receipt of, any other service, assistance from, or participation	2434
in, any other program of the service provider;	2435

(D) Any charges for services provided by the program shall be	2436
based on the patient's ability to pay and priority in the	2437
provision of services shall be given to persons from low-income	2438
families.	2439

In distributing these grant funds, the director shall give	2440
priority to grant requests from local departments of health for	2441
women's health services to be provided directly by personnel of	2442
the local department of health. The director shall issue a single	2443
request for proposals for all grants for women's health services.	2444
The director shall send a notification of this request for	2445
proposals to every local department of health in this state and	2446
shall place a notification on the department's web site. The	2447
director shall allow at least thirty days after issuing this	2448
notification before closing the period to receive applications.	2449

After the closing date for receiving grant applications, the	2450
director shall first consider grant applications from local	2451
departments of health that apply for grants for women's health	2452
services to be provided directly by personnel of the local	2453
department of health. Local departments of health that apply for	2454
grants for women's health services to be provided directly by	2455
personnel of the local department of health need not provide all	2456
the listed women's health services in order to qualify for a	2457
grant. However, in prioritizing awards among local departments of	2458
health that qualify for funding under this paragraph, the director	2459
may consider, among other reasonable factors, the	2460
comprehensiveness of the women's health services to be offered,	2461
provided that no local department of health shall be discriminated	2462
against in the process of awarding these grant funds because the	2463
applicant does not provide contraception.	2464

If funds remain after awarding grants to all local	2465
departments of health that qualify for the priority, the director	2466
may make grants to other applicants. Awards to other applicants	2467
may be made to those applicants that will offer all eight of the	2468
listed women's health services or that will offer all of the	2469
services except contraception. No applicant shall be discriminated	2470
against in the process of awarding these grant funds because the	2471
applicant does not provide contraception.	2472

Sec. 3701.74.  (A) As used in this section and section	2473
3701.741 of the Revised Code:	2474

(1) "Ambulatory care facility" means a facility that provides	2475
medical, diagnostic, or surgical treatment to patients who do not	2476
require hospitalization, including a dialysis center, ambulatory	2477
surgical facility, cardiac catheterization facility, diagnostic	2478
imaging center, extracorporeal shock wave lithotripsy center, home	2479
health agency, inpatient hospice, birthing center, radiation	2480
therapy center, emergency facility, and an urgent care center.	2481
"Ambulatory care facility" does not include the private office of	2482
a physician or dentist, whether the office is for an individual or	2483
group practice.	2484

(2) "Chiropractor" means an individual licensed under Chapter	2485
4734. of the Revised Code to practice chiropractic.	2486

(3) "Emergency facility" means a hospital emergency	2487
department or any other facility that provides emergency medical	2488
services.	2489

(4) "Health care practitioner" means all of the following:

2490

(a) A dentist or dental hygienist licensed under Chapter	2491
4715. of the Revised Code;	2492

(b) A registered or licensed practical nurse licensed under	2493
Chapter 4723. of the Revised Code;	2494

(c) An optometrist licensed under Chapter 4725. of the	2495
Revised Code;	2496

(d) A dispensing optician, spectacle dispensing optician,	2497
contact lens dispensing optician, or spectacle-contact lens	2498
dispensing optician licensed under Chapter 4725. of the Revised	2499
Code;	2500

(e) A pharmacist licensed under Chapter 4729. of the Revised	2501
Code;	2502

(f) A physician;

2503

(g) A physician assistant authorized under Chapter 4730. of	2504
the Revised Code to practice as a physician assistant;	2505

(h) A practitioner of a limited branch of medicine issued a	2506
certificate under Chapter 4731. of the Revised Code;	2507

(i) A psychologist licensed under Chapter 4732. of the	2508
Revised Code;	2509

(j) A chiropractor;

2510

(k) A hearing aid dealer or fitter licensed under Chapter	2511
4747. of the Revised Code;	2512

(l) A speech-language pathologist or audiologist licensed	2513
under Chapter 4753. of the Revised Code;	2514

(m) An occupational therapist or occupational therapy	2515
assistant licensed under Chapter 4755. of the Revised Code;	2516

(n) A physical therapist or physical therapy assistant	2517
licensed under Chapter 4755. of the Revised Code;	2518

(o) A licensed professional clinical counselor, licensed	2519
professional counselor, social worker, or independent social	2520
worker, independent marriage and family therapist, or marriage and	2521
family therapist licensed, or a social work assistant registered,	2522
under Chapter 4757. of the Revised Code;	2523

(p) A dietitian licensed under Chapter 4759. of the Revised	2524
Code;	2525

(q) A respiratory care professional licensed under Chapter	2526
4761. of the Revised Code;	2527

(r) An emergency medical technician-basic, emergency medical	2528
technician-intermediate, or emergency medical technician-paramedic	2529
certified under Chapter 4765. of the Revised Code.	2530

(5) "Health care provider" means a hospital, ambulatory care	2531
facility, long-term care facility, pharmacy, emergency facility,	2532
or health care practitioner.	2533

(6) "Hospital" has the same meaning as in section 3727.01 of	2534
the Revised Code.	2535

(7) "Long-term care facility" means a nursing home,	2536
residential care facility, or home for the aging, as those terms	2537
are defined in section 3721.01 of the Revised Code; a residential	2538
facility licensed under section 5119.34 of the Revised Code that	2539
provides accommodations, supervision, and personal care services	2540
for three to sixteen unrelated adults; a nursing facility, as	2541
defined in section 5165.01 of the Revised Code; a skilled nursing	2542
facility, as defined in section 5165.01 of the Revised Code; and	2543
an intermediate care facility for individuals with intellectual	2544
disabilities, as defined in section 5124.01 of the Revised Code.	2545

(8) "Medical record" means data in any form that pertains to	2546
a patient's medical history, diagnosis, prognosis, or medical	2547
condition and that is generated and maintained by a health care	2548
provider in the process of the patient's health care treatment.	2549

(9) "Medical records company" means a person who stores,	2550
locates, or copies medical records for a health care provider, or	2551
is compensated for doing so by a health care provider, and charges	2552
a fee for providing medical records to a patient or patient's	2553
representative.	2554

(10) "Patient" means either of the following:

2555

(a) An individual who received health care treatment from a	2556
health care provider;	2557

(b) A guardian, as defined in section 1337.11 of the Revised	2558
Code, of an individual described in division (A)(10)(a) of this	2559
section.	2560

(11) "Patient's personal representative" means a minor	2561
patient's parent or other person acting in loco parentis, a	2562
court-appointed guardian, or a person with durable power of	2563
attorney for health care for a patient, the executor or	2564
administrator of the patient's estate, or the person responsible	2565
for the patient's estate if it is not to be probated. "Patient's	2566
personal representative" does not include an insurer authorized	2567
under Title XXXIX of the Revised Code to do the business of	2568
sickness and accident insurance in this state, a health insuring	2569
corporation holding a certificate of authority under Chapter 1751.	2570
of the Revised Code, or any other person not named in this	2571
division.	2572

(12) "Pharmacy" has the same meaning as in section 4729.01 of	2573
the Revised Code.	2574

(13) "Physician" means a person authorized under Chapter	2575
4731. of the Revised Code to practice medicine and surgery,	2576
osteopathic medicine and surgery, or podiatric medicine and	2577
surgery.	2578

(14) "Authorized person" means a person to whom a patient has	2579
given written authorization to act on the patient's behalf	2580
regarding the patient's medical record.	2581

(B) A patient, a patient's personal representative, or an	2582
authorized person who wishes to examine or obtain a copy of part	2583
or all of a medical record shall submit to the health care	2584
provider a written request signed by the patient, personal	2585
representative, or authorized person dated not more than one year	2586
before the date on which it is submitted. The request shall	2587
indicate whether the copy is to be sent to the requestor,	2588
physician or chiropractor, or held for the requestor at the office	2589
of the health care provider. Within a reasonable time after	2590
receiving a request that meets the requirements of this division	2591
and includes sufficient information to identify the record	2592
requested, a health care provider that has the patient's medical	2593
records shall permit the patient to examine the record during	2594
regular business hours without charge or, on request, shall	2595
provide a copy of the record in accordance with section 3701.741	2596
of the Revised Code, except that if a physician, psychologist,	2597
licensed professional clinical counselor, licensed professional	2598
counselor, independent social worker, social worker, independent	2599
marriage and family therapist, marriage and family therapist, or	2600
chiropractor who has treated the patient determines for clearly	2601
stated treatment reasons that disclosure of the requested record	2602
is likely to have an adverse effect on the patient, the health	2603
care provider shall provide the record to a physician,	2604
psychologist, licensed professional clinical counselor, licensed	2605
professional counselor, independent social worker, social worker,	2606
independent marriage and family therapist, marriage and family	2607
therapist, or chiropractor designated by the patient. The health	2608
care provider shall take reasonable steps to establish the	2609
identity of the person making the request to examine or obtain a	2610
copy of the patient's record.	2611

(C) If a health care provider fails to furnish a medical	2612
record as required by division (B) of this section, the patient,	2613
personal representative, or authorized person who requested the	2614
record may bring a civil action to enforce the patient's right of	2615
access to the record.	2616

(D)(1) This section does not apply to medical records whose	2617
release is covered by section 173.20 or 3721.13 of the Revised	2618
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	2619
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	2620
Records," or by 42 C.F.R. 483.10.	2621

(2) Nothing in this section is intended to supersede the	2622
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	2623
and 2305.252 of the Revised Code.	2624

Sec. 3709.161.  (A) The board of health of a city or general	2625
health district may procure a policy or policies of insurance	2626
insuring the members of the board, the health commissioner, and	2627
the employees of the board against liability on account of damage	2628
or injury to persons and property resulting from any act or	2629
omission that occurs in the individual's official capacity as a	2630
member or employee of the board or resulting solely out of such	2631
membership or employment.	2632

(B)(1) As used in this division, "health care professional"	2633
means all of the following:	2634

(a) A dentist or dental hygienist licensed under Chapter	2635
4715. of the Revised Code;	2636

(b) A registered nurse or licensed practical nurse licensed	2637
under Chapter 4723. of the Revised Code;	2638

(c) A person licensed under Chapter 4729. of the Revised Code	2639
to practice as a pharmacist;	2640

(d) A person authorized under Chapter 4730. of the Revised	2641
Code to practice as a physician assistant;	2642

(e) A person authorized under Chapter 4731. of the Revised	2643
Code to practice medicine and surgery, osteopathic medicine and	2644
surgery, or podiatry;	2645

(f) A psychologist licensed under Chapter 4732. of the	2646
Revised Code;	2647

(g) A veterinarian licensed under Chapter 4741. of the	2648
Revised Code;	2649

(h) A speech-language pathologist or audiologist licensed	2650
under Chapter 4753. of the Revised Code;	2651

(i) An occupational therapist, physical therapist, physical	2652
therapist assistant, or athletic trainer licensed under Chapter	2653
4755. of the Revised Code;	2654

(j) A licensed professional clinical counselor, licensed	2655
professional counselor, independent social worker, or social	2656
worker licensed under Chapter 4757. of the Revised Code;	2657

(k) A dieticiandietitian licensed under Chapter 4759. of the	2658
Revised Code.	2659

(2) The board of health of a city or general health district	2660
may purchase liability insurance for a health care professional	2661
with whom the board contracts for the provision of health care	2662
services against liability on account of damage or injury to	2663
persons and property arising from the health care professional's	2664
performance of services under the contract. The policy shall be	2665
purchased from an insurance company licensed to do business in	2666
this state, if such a policy is available from such a company. The	2667
board of health of a city or general health district shall report	2668
the cost of the liability insurance policy and subsequent	2669
increases in the cost to the director of health on a form	2670
prescribed by the director.	2671

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	2672
Revised Code:	2673

(A) "Long-term care facility" means either of the following:

2674

(1) A nursing home as defined in section 3721.01 of the	2675
Revised Code;	2676

(2) A facility or part of a facility that is certified as a	2677
skilled nursing facility or a nursing facility under Title XVIII	2678
or XIX of the "Social Security Act."	2679

(B) "Residential care facility" has the same meaning as in	2680
section 3721.01 of the Revised Code.	2681

(C) "Abuse" means knowingly causing physical harm or	2682
recklessly causing serious physical harm to a resident by physical	2683
contact with the resident or by use of physical or chemical	2684
restraint, medication, or isolation as punishment, for staff	2685
convenience, excessively, as a substitute for treatment, or in	2686
amounts that preclude habilitation and treatment.	2687

(D) "Neglect" means recklessly failing to provide a resident	2688
with any treatment, care, goods, or service necessary to maintain	2689
the health or safety of the resident when the failure results in	2690
serious physical harm to the resident. "Neglect" does not include	2691
allowing a resident, at the resident's option, to receive only	2692
treatment by spiritual means through prayer in accordance with the	2693
tenets of a recognized religious denomination.	2694

(E) "Misappropriation" means depriving, defrauding, or	2695
otherwise obtaining the real or personal property of a resident by	2696
any means prohibited by the Revised Code, including violations of	2697
Chapter 2911. or 2913. of the Revised Code.	2698

(F) "Resident" includes a resident, patient, former resident	2699
or patient, or deceased resident or patient of a long-term care	2700
facility or a residential care facility.	2701

(G) "Physical restraint" has the same meaning as in section	2702
3721.10 of the Revised Code.	2703

(H) "Chemical restraint" has the same meaning as in section	2704
3721.10 of the Revised Code.	2705

(I) "Nursing and nursing-related services" means the personal	2706
care services and other services not constituting skilled nursing	2707
care that are specified in rules the director of health shall	2708
adopt in accordance with Chapter 119. of the Revised Code.	2709

(J) "Personal care services" has the same meaning as in	2710
section 3721.01 of the Revised Code.	2711

(K)(1) Except as provided in division (K)(2) of this section,	2712
"nurse aide" means an individual who provides nursing and	2713
nursing-related services to residents in a long-term care	2714
facility, either as a member of the staff of the facility for	2715
monetary compensation or as a volunteer without monetary	2716
compensation.	2717

(2) "Nurse aide" does not include either of the following:

2718

(a) A licensed health professional practicing within the	2719
scope of the professional's license;	2720

(b) An individual providing nursing and nursing-related	2721
services in a religious nonmedical health care institution, if the	2722
individual has been trained in the principles of nonmedical care	2723
and is recognized by the institution as being competent in the	2724
administration of care within the religious tenets practiced by	2725
the residents of the institution.	2726

(L) "Licensed health professional" means all of the	2727
following:	2728

(1) An occupational therapist or occupational therapy	2729
assistant licensed under Chapter 4755. of the Revised Code;	2730

(2) A physical therapist or physical therapy assistant	2731
licensed under Chapter 4755. of the Revised Code;	2732

(3) A physician authorized under Chapter 4731. of the Revised	2733
Code to practice medicine and surgery, osteopathic medicine and	2734
surgery, or podiatry;	2735

(4) A physician assistant authorized under Chapter 4730. of	2736
the Revised Code to practice as a physician assistant;	2737

(5) A registered nurse or licensed practical nurse licensed	2738
under Chapter 4723. of the Revised Code;	2739

(6) A social worker or independent social worker licensed	2740
under Chapter 4757. of the Revised Code or a social work assistant	2741
registered under that chapter;	2742

(7) A speech-language pathologist or audiologist licensed	2743
under Chapter 4753. of the Revised Code;	2744

(8) A dentist or dental hygienist licensed under Chapter	2745
4715. of the Revised Code;	2746

(9) An optometrist licensed under Chapter 4725. of the	2747
Revised Code;	2748

(10) A pharmacist licensed under Chapter 4729. of the Revised	2749
Code;	2750

(11) A psychologist licensed under Chapter 4732. of the	2751
Revised Code;	2752

(12) A chiropractor licensed under Chapter 4734. of the	2753
Revised Code;	2754

(13) A nursing home administrator licensed or temporarily	2755
licensed under Chapter 4751. of the Revised Code;	2756

(14) A licensed professional counselor or licensed	2757
professional clinical counselor licensed under Chapter 4757. of	2758
the Revised Code;	2759

(15) A marriage and family therapist or independent marriage	2760
and family therapist licensed under Chapter 4757. of the Revised	2761
Code.	2762

(M) "Religious nonmedical health care institution" means an	2763
institution that meets or exceeds the conditions to receive	2764
payment under the medicare program established under Title XVIII	2765
of the "Social Security Act" for inpatient hospital services or	2766
post-hospital extended care services furnished to an individual in	2767
a religious nonmedical health care institution, as defined in	2768
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	2769
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	2770

(N) "Competency evaluation program" means a program through	2771
which the competency of a nurse aide to provide nursing and	2772
nursing-related services is evaluated.	2773

(O) "Training and competency evaluation program" means a	2774
program of nurse aide training and evaluation of competency to	2775
provide nursing and nursing-related services.	2776

Sec. 3923.28.  (A) Every policy of group sickness and	2777
accident insurance providing hospital, surgical, or medical	2778
expense coverage for other than specific diseases or accidents	2779
only, and delivered, issued for delivery, or renewed in this state	2780
on or after January 1, 1979, and that provides coverage for mental	2781
or emotional disorders, shall provide benefits for services on an	2782
outpatient basis for each eligible person under the policy who	2783
resides in this state for mental or emotional disorders, or for	2784
evaluations, that are at least equal to five hundred fifty dollars	2785
in any calendar year or twelve-month period. The services shall be	2786
legally performed by or under the clinical supervision of a	2787
physician authorized under Chapter 4731. of the Revised Code to	2788
practice medicine and surgery or osteopathic medicine and surgery;	2789
a psychologist licensed under Chapter 4732. of the Revised Code; a	2790
licensed professional clinical counselor, licensed professional	2791
counselor, or independent social worker licensed under Chapter	2792
4757. of the Revised Code; or a clinical nurse specialist licensed	2793
under Chapter 4723. of the Revised Code whose nursing specialty is	2794
mental health, whether performed in an office, in a hospital, or	2795
in a community mental health facility so long as the hospital or	2796
community mental health facility is approved by the joint	2797
commission on accreditation of healthcare organizations, the	2798
council on accreditation for children and family services, or the	2799
rehabilitation accreditation commission.	2800

(B) Outpatient benefits offered under division (A) of this	2801
section shall be subject to reasonable contract limitations and	2802
may be subject to reasonable deductibles and co-insurance costs.	2803
Persons entitled to such benefit under more than one service or	2804
insurance contract may be limited to a single	2805
five-hundred-fifty-dollar outpatient benefit for services under	2806
all contracts.	2807

(C) In order to qualify for participation under division (A)	2808
of this section, every facility specified in such division shall	2809
have in effect a plan for utilization review and a plan for peer	2810
review and every person specified in such division shall have in	2811
effect a plan for peer review. Such plans shall have the purpose	2812
of ensuring high quality patient care and effective and efficient	2813
utilization of available health facilities and services.	2814

(D) Nothing in this section shall be construed to require an	2815
insurer to pay benefits which are greater than usual, customary,	2816
and reasonable.	2817

(E)(1) Services performed under the clinical supervision of a	2818
health care professional identified in division (A) of this	2819
section, in order to be reimbursable under the coverage required	2820
in division (A) of this section, shall meet both of the following	2821
requirements:	2822

(a) The services shall be performed in accordance with a	2823
treatment plan that describes the expected duration, frequency,	2824
and type of services to be performed;	2825

(b) The plan shall be reviewed and approved by the health	2826
care professional every three months.	2827

(2) Payment of benefits for services reimbursable under	2828
division (E)(1) of this section shall not be restricted to	2829
services described in the treatment plan or conditioned upon	2830
standards of clinical supervision that are more restrictive than	2831
standards of a health care professional described in division (A)	2832
of this section, which at least equal the requirements of division	2833
(E)(1) of this section.	2834

(F) The benefits provided by this section for mental and	2835
emotional disorders shall not be reduced by the cost of benefits	2836
provided pursuant to section 3923.281 of the Revised Code for	2837
diagnostic and treatment services for biologically based mental	2838
illnesses. This section does not apply to benefits for diagnostic	2839
and treatment services for biologically based mental illnesses.	2840

Sec. 3923.281.  (A) As used in this section:

2841

(1) "Biologically based mental illness" means schizophrenia,	2842
schizoaffective disorder, major depressive disorder, bipolar	2843
disorder, paranoia and other psychotic disorders,	2844
obsessive-compulsive disorder, and panic disorder, as these terms	2845
are defined in the most recent edition of the diagnostic and	2846
statistical manual of mental disorders published by the American	2847
psychiatric association.	2848

(2) "Policy of sickness and accident insurance" has the same	2849
meaning as in section 3923.01 of the Revised Code, but excludes	2850
any hospital indemnity, medicare supplement, long-term care,	2851
disability income, one-time-limited-duration policy of not longer	2852
than six months, supplemental benefit, or other policy that	2853
provides coverage for specific diseases or accidents only; any	2854
policy that provides coverage for workers' compensation claims	2855
compensable pursuant to Chapters 4121. and 4123. of the Revised	2856
Code; and any policy that provides coverage to medicaid	2857
recipients.	2858

(B) Notwithstanding section 3901.71 of the Revised Code, and	2859
subject to division (E) of this section, every policy of sickness	2860
and accident insurance shall provide benefits for the diagnosis	2861
and treatment of biologically based mental illnesses on the same	2862
terms and conditions as, and shall provide benefits no less	2863
extensive than, those provided under the policy of sickness and	2864
accident insurance for the treatment and diagnosis of all other	2865
physical diseases and disorders, if both of the following apply:	2866

(1) The biologically based mental illness is clinically	2867
diagnosed by a physician authorized under Chapter 4731. of the	2868
Revised Code to practice medicine and surgery or osteopathic	2869
medicine and surgery; a psychologist licensed under Chapter 4732.	2870
of the Revised Code; a licensed professional clinical counselor,	2871
licensed professional counselor, or independent social worker	2872
licensed under Chapter 4757. of the Revised Code; or a clinical	2873
nurse specialist licensed under Chapter 4723. of the Revised Code	2874
whose nursing specialty is mental health.	2875

(2) The prescribed treatment is not experimental or	2876
investigational, having proven its clinical effectiveness in	2877
accordance with generally accepted medical standards.	2878

(C) Division (B) of this section applies to all coverages and	2879
terms and conditions of the policy of sickness and accident	2880
insurance, including, but not limited to, coverage of inpatient	2881
hospital services, outpatient services, and medication; maximum	2882
lifetime benefits; copayments; and individual and family	2883
deductibles.	2884

(D) Nothing in this section shall be construed as prohibiting	2885
a sickness and accident insurance company from taking any of the	2886
following actions:	2887

(1) Negotiating separately with mental health care providers	2888
with regard to reimbursement rates and the delivery of health care	2889
services;	2890

(2) Offering policies that provide benefits solely for the	2891
diagnosis and treatment of biologically based mental illnesses;	2892

(3) Managing the provision of benefits for the diagnosis or	2893
treatment of biologically based mental illnesses through the use	2894
of pre-admission screening, by requiring beneficiaries to obtain	2895
authorization prior to treatment, or through the use of any other	2896
mechanism designed to limit coverage to that treatment determined	2897
to be necessary;	2898

(4) Enforcing the terms and conditions of a policy of	2899
sickness and accident insurance.	2900

(E) An insurer that offers any policy of sickness and	2901
accident insurance is not required to provide benefits for the	2902
diagnosis and treatment of biologically based mental illnesses	2903
pursuant to division (B) of this section if all of the following	2904
apply:	2905

(1) The insurer submits documentation certified by an	2906
independent member of the American academy of actuaries to the	2907
superintendent of insurance showing that incurred claims for	2908
diagnostic and treatment services for biologically based mental	2909
illnesses for a period of at least six months independently caused	2910
the insurer's costs for claims and administrative expenses for the	2911
coverage of all other physical diseases and disorders to increase	2912
by more than one per cent per year.	2913

(2) The insurer submits a signed letter from an independent	2914
member of the American academy of actuaries to the superintendent	2915
of insurance opining that the increase described in division	2916
(E)(1) of this section could reasonably justify an increase of	2917
more than one per cent in the annual premiums or rates charged by	2918
the insurer for the coverage of all other physical diseases and	2919
disorders.	2920

(3) The superintendent of insurance makes the following	2921
determinations from the documentation and opinion submitted	2922
pursuant to divisions (E)(1) and (2) of this section:	2923

(a) Incurred claims for diagnostic and treatment services for	2924
biologically based mental illnesses for a period of at least six	2925
months independently caused the insurer's costs for claims and	2926
administrative expenses for the coverage of all other physical	2927
diseases and disorders to increase by more than one per cent per	2928
year.	2929

(b) The increase in costs reasonably justifies an increase of	2930
more than one per cent in the annual premiums or rates charged by	2931
the insurer for the coverage of all other physical diseases and	2932
disorders.	2933

Any determination made by the superintendent under this	2934
division is subject to Chapter 119. of the Revised Code.	2935

Sec. 3923.282. (A) As used in this section:

2936

(1) "Biologically based mental illness" means schizophrenia,	2937
schizoaffective disorder, major depressive disorder, bipolar	2938
disorder, paranoia and other psychotic disorders,	2939
obsessive-compulsive disorder, and panic disorder, as these terms	2940
are defined in the most recent edition of the diagnostic and	2941
statistical manual of mental disorders published by the American	2942
psychiatric association.	2943

(2) "Plan of health coverage" includes any private or public	2944
employer group self-insurance plan that provides payment for	2945
health care benefits for other than specific diseases or accidents	2946
only, which benefits are not provided by contract with a sickness	2947
and accident insurer or health insuring corporation.	2948

(B) Notwithstanding section 3901.71 of the Revised Code, and	2949
subject to division (F) of this section, each plan of health	2950
coverage shall provide benefits for the diagnosis and treatment of	2951
biologically based mental illnesses on the same terms and	2952
conditions as, and shall provide benefits no less extensive than,	2953
those provided under the plan of health coverage for the treatment	2954
and diagnosis of all other physical diseases and disorders, if	2955
both of the following apply:	2956

(1) The biologically based mental illness is clinically	2957
diagnosed by a physician authorized under Chapter 4731. of the	2958
Revised Code to practice medicine and surgery or osteopathic	2959
medicine and surgery; a psychologist licensed under Chapter 4732.	2960
of the Revised Code; a licensed professional clinical counselor,	2961
licensed professional counselor, or independent social worker	2962
licensed under Chapter 4757. of the Revised Code; or a clinical	2963
nurse specialist licensed under Chapter 4723. of the Revised Code	2964
whose nursing specialty is mental health.	2965

(2) The prescribed treatment is not experimental or	2966
investigational, having proven its clinical effectiveness in	2967
accordance with generally accepted medical standards.	2968

(C) Division (B) of this section applies to all coverages and	2969
terms and conditions of the plan of health coverage, including,	2970
but not limited to, coverage of inpatient hospital services,	2971
outpatient services, and medication; maximum lifetime benefits;	2972
copayments; and individual and family deductibles.	2973

(D) This section does not apply to a plan of health coverage	2974
if federal law supersedes, preempts, prohibits, or otherwise	2975
precludes its application to such plans. This section does not	2976
apply to long-term care, hospital indemnity, disability income, or	2977
medicare supplement plans of health coverage, or to any other	2978
supplemental benefit plans of health coverage.	2979

(E) Nothing in this section shall be construed as prohibiting	2980
an employer from taking any of the following actions in connection	2981
with a plan of health coverage:	2982

(1) Negotiating separately with mental health care providers	2983
with regard to reimbursement rates and the delivery of health care	2984
services;	2985

(2) Managing the provision of benefits for the diagnosis or	2986
treatment of biologically based mental illnesses through the use	2987
of pre-admission screening, by requiring beneficiaries to obtain	2988
authorization prior to treatment, or through the use of any other	2989
mechanism designed to limit coverage to that treatment determined	2990
to be necessary;	2991

(3) Enforcing the terms and conditions of a plan of health	2992
coverage.	2993

(F) An employer that offers a plan of health coverage is not	2994
required to provide benefits for the diagnosis and treatment of	2995
biologically based mental illnesses in combination with benefits	2996
for the treatment and diagnosis of all other physical diseases and	2997
disorders as described in division (B) of this section if both of	2998
the following apply:	2999

(1) The employer submits documentation certified by an	3000
independent member of the American academy of actuaries to the	3001
superintendent of insurance showing that incurred claims for	3002
diagnostic and treatment services for biologically based mental	3003
illnesses for a period of at least six months independently caused	3004
the employer's costs for claims and administrative expenses for	3005
the coverage of all other physical diseases and disorders to	3006
increase by more than one per cent per year.	3007

(2) The superintendent of insurance determines from the	3008
documentation and opinion submitted pursuant to division (F) of	3009
this section, that incurred claims for diagnostic and treatment	3010
services for biologically based mental illnesses for a period of	3011
at least six months independently caused the employer's costs for	3012
claims and administrative expenses for the coverage of all other	3013
physical diseases and disorders to increase by more than one per	3014
cent per year.	3015

Any determination made by the superintendent under this	3016
division is subject to Chapter 119. of the Revised Code.	3017

Sec. 3923.30.  Every person, the state and any of its	3018
instrumentalities, any county, township, school district, or other	3019
political subdivisions and any of its instrumentalities, and any	3020
municipal corporation and any of its instrumentalities, which	3021
provides payment for health care benefits for any of its employees	3022
resident in this state, which benefits are not provided by	3023
contract with an insurer qualified to provide sickness and	3024
accident insurance, or a health insuring corporation, shall	3025
include the following benefits in its plan of health care benefits	3026
commencing on or after January 1, 1979:	3027

(A) If such plan of health care benefits provides payment for	3028
the treatment of mental or nervous disorders, then such plan shall	3029
provide benefits for services on an outpatient basis for each	3030
eligible employee and dependent for mental or emotional disorders,	3031
or for evaluations, that are at least equal to the following:	3032

(1) Payments not less than five hundred fifty dollars in a	3033
twelve-month period, for services legally performed by or under	3034
the clinical supervision of a physician authorized under Chapter	3035
4731. of the Revised Code to practice medicine and surgery or	3036
osteopathic medicine and surgery; a psychologist licensed under	3037
Chapter 4732. of the Revised Code; a licensed professional	3038
clinical counselor, licensed professional counselor, or	3039
independent social worker licensed under Chapter 4757. of the	3040
Revised Code; or a clinical nurse specialist licensed under	3041
Chapter 4723. of the Revised Code whose nursing specialty is	3042
mental health, whether performed in an office, in a hospital, or	3043
in a community mental health facility so long as the hospital or	3044
community mental health facility is approved by the joint	3045
commission on accreditation of healthcare organizations, the	3046
council on accreditation for children and family services, or the	3047
rehabilitation accreditation commission;	3048

(2) Such benefit shall be subject to reasonable limitations,	3049
and may be subject to reasonable deductibles and co-insurance	3050
costs.	3051

(3) In order to qualify for participation under this	3052
division, every facility specified in this division shall have in	3053
effect a plan for utilization review and a plan for peer review	3054
and every person specified in this division shall have in effect a	3055
plan for peer review. Such plans shall have the purpose of	3056
ensuring high quality patient care and effective and efficient	3057
utilization of available health facilities and services.	3058

(4) Such payment for benefits shall not be greater than	3059
usual, customary, and reasonable.	3060

(5)(a) Services performed by or under the clinical	3061
supervision of a health care professional identified in division	3062
(A)(1) of this section, in order to be reimbursable under the	3063
coverage required in division (A) of this section, shall meet both	3064
of the following requirements:	3065

(i) The services shall be performed in accordance with a	3066
treatment plan that describes the expected duration, frequency,	3067
and type of services to be performed;	3068

(ii) The plan shall be reviewed and approved by the health	3069
care professional every three months.	3070

(b) Payment of benefits for services reimbursable under	3071
division (A)(5)(a) of the section shall not be restricted to	3072
services described in the treatment plan or conditioned upon	3073
standards of a licensed physician or licensed psychologist, which	3074
at least equal the requirements of division (A)(5)(a) of this	3075
section.	3076

(B) Payment for benefits for alcoholism treatment for	3077
outpatient, inpatient, and intermediate primary care for each	3078
eligible employee and dependent that are at least equal to the	3079
following:	3080

(1) Payments not less than five hundred fifty dollars in a	3081
twelve-month period for services legally performed by or under the	3082
clinical supervision of a health care professional identified in	3083
division (A)(1) of this section, whether performed in an office,	3084
or in a hospital or a community mental health facility or	3085
alcoholism treatment facility so long as the hospital, community	3086
mental health facility, or alcoholism treatment facility is	3087
approved by the joint commission on accreditation of hospitals or	3088
certified by the department of health;	3089

(2) The benefits provided under this division shall be	3090
subject to reasonable limitations and may be subject to reasonable	3091
deductibles and co-insurance costs.	3092

(3) A health care professional shall every three months	3093
certify a patient's need for continued services performed by such	3094
facilities.	3095

(4) In order to qualify for participation under this	3096
division, every facility specified in this division shall have in	3097
effect a plan for utilization review and a plan for peer review	3098
and every person specified in this division shall have in effect a	3099
plan for peer review. Such plans shall have the purpose of	3100
ensuring high quality patient care and efficient utilization of	3101
available health facilities and services. Such person or	3102
facilities shall also have in effect a program of rehabilitation	3103
or a program of rehabilitation and detoxification.	3104

(5) Nothing in this section shall be construed to require	3105
reimbursement for benefits which is greater than usual, customary,	3106
and reasonable.	3107

(C) The benefits provided by division (A) of this section for	3108
mental and emotional disorders shall not be reduced by the cost of	3109
benefits provided pursuant to section 3923.282 of the Revised Code	3110
for diagnostic and treatment services for biologically based	3111
mental illness. This section does not apply to benefits for	3112
diagnostic and treatment services for biologically based mental	3113
illnesses.	3114

Sec. 3963.01. As used in this chapter:

3115

(A) "Affiliate" means any person or entity that has ownership	3116
or control of a contracting entity, is owned or controlled by a	3117
contracting entity, or is under common ownership or control with a	3118
contracting entity.	3119

(B) "Basic health care services" has the same meaning as in	3120
division (A) of section 1751.01 of the Revised Code, except that	3121
it does not include any services listed in that division that are	3122
provided by a pharmacist or nursing home.	3123

(C) "Contracting entity" means any person that has a primary	3124
business purpose of contracting with participating providers for	3125
the delivery of health care services.	3126

(D) "Credentialing" means the process of assessing and	3127
validating the qualifications of a provider applying to be	3128
approved by a contracting entity to provide basic health care	3129
services, specialty health care services, or supplemental health	3130
care services to enrollees.	3131

(E) "Edit" means adjusting one or more procedure codes billed	3132
by a participating provider on a claim for payment or a practice	3133
that results in any of the following:	3134

(1) Payment for some, but not all of the procedure codes	3135
originally billed by a participating provider;	3136

(2) Payment for a different procedure code than the procedure	3137
code originally billed by a participating provider;	3138

(3) A reduced payment as a result of services provided to an	3139
enrollee that are claimed under more than one procedure code on	3140
the same service date.	3141

(F) "Electronic claims transport" means to accept and	3142
digitize claims or to accept claims already digitized, to place	3143
those claims into a format that complies with the electronic	3144
transaction standards issued by the United States department of	3145
health and human services pursuant to the "Health Insurance	3146
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	3147
U.S.C. 1320d, et seq., as those electronic standards are	3148
applicable to the parties and as those electronic standards are	3149
updated from time to time, and to electronically transmit those	3150
claims to the appropriate contracting entity, payer, or	3151
third-party administrator.	3152

(G) "Enrollee" means any person eligible for health care	3153
benefits under a health benefit plan, including an eligible	3154
recipient of medicaid, and includes all of the following terms:	3155

(1) "Enrollee" and "subscriber" as defined by section 1751.01	3156
of the Revised Code;	3157

(2) "Member" as defined by section 1739.01 of the Revised	3158
Code;	3159

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	3160
the Revised Code;	3161

(4) "Beneficiary" as defined by section 3901.38 of the	3162
Revised Code.	3163

(H) "Health care contract" means a contract entered into,	3164
materially amended, or renewed between a contracting entity and a	3165
participating provider for the delivery of basic health care	3166
services, specialty health care services, or supplemental health	3167
care services to enrollees.	3168

(I) "Health care services" means basic health care services,	3169
specialty health care services, and supplemental health care	3170
services.	3171

(J) "Material amendment" means an amendment to a health care	3172
contract that decreases the participating provider's payment or	3173
compensation, changes the administrative procedures in a way that	3174
may reasonably be expected to significantly increase the	3175
provider's administrative expenses, or adds a new product. A	3176
material amendment does not include any of the following:	3177

(1) A decrease in payment or compensation resulting solely	3178
from a change in a published fee schedule upon which the payment	3179
or compensation is based and the date of applicability is clearly	3180
identified in the contract;	3181

(2) A decrease in payment or compensation that was	3182
anticipated under the terms of the contract, if the amount and	3183
date of applicability of the decrease is clearly identified in the	3184
contract;	3185

(3) An administrative change that may significantly increase	3186
the provider's administrative expense, the specific applicability	3187
of which is clearly identified in the contract;	3188

(4) Changes to an existing prior authorization,	3189
precertification, notification, or referral program that do not	3190
substantially increase the provider's administrative expense;	3191

(5) Changes to an edit program or to specific edits if the	3192
participating provider is provided notice of the changes pursuant	3193
to division (A)(1) of section 3963.04 of the Revised Code and the	3194
notice includes information sufficient for the provider to	3195
determine the effect of the change;	3196

(6) Changes to a health care contract described in division	3197
(B) of section 3963.04 of the Revised Code.	3198

(K) "Participating provider" means a provider that has a	3199
health care contract with a contracting entity and is entitled to	3200
reimbursement for health care services rendered to an enrollee	3201
under the health care contract.	3202

(L) "Payer" means any person that assumes the financial risk	3203
for the payment of claims under a health care contract or the	3204
reimbursement for health care services provided to enrollees by	3205
participating providers pursuant to a health care contract.	3206

(M) "Primary enrollee" means a person who is responsible for	3207
making payments for participation in a health care plan or an	3208
enrollee whose employment or other status is the basis of	3209
eligibility for enrollment in a health care plan.	3210

(N) "Procedure codes" includes the American medical	3211
association's current procedural terminology code, the American	3212
dental association's current dental terminology, and the centers	3213
for medicare and medicaid services health care common procedure	3214
coding system.	3215

(O) "Product" means one of the following types of categories	3216
of coverage for which a participating provider may be obligated to	3217
provide health care services pursuant to a health care contract:	3218

(1) A health maintenance organization or other product	3219
provided by a health insuring corporation;	3220

(2) A preferred provider organization;

3221

(3) Medicare;

3222

(4) Medicaid;

3223

(5) Workers' compensation.

3224

(P) "Provider" means a physician, podiatrist, dentist,	3225
chiropractor, optometrist, psychologist, physician assistant,	3226
advanced practice registered nurse, occupational therapist,	3227
massage therapist, physical therapist, licensed professional	3228
counselor, licensed professional clinical counselor, hearing aid	3229
dealer, orthotist, prosthetist, home health agency, hospice care	3230
program, pediatric respite care program, or hospital, or a	3231
provider organization or physician-hospital organization that is	3232
acting exclusively as an administrator on behalf of a provider to	3233
facilitate the provider's participation in health care contracts.	3234
"Provider" does not mean a pharmacist, pharmacy, nursing home, or	3235
a provider organization or physician-hospital organization that	3236
leases the provider organization's or physician-hospital	3237
organization's network to a third party or contracts directly with	3238
employers or health and welfare funds.	3239

(Q) "Specialty health care services" has the same meaning as	3240
in section 1751.01 of the Revised Code, except that it does not	3241
include any services listed in division (B) of section 1751.01 of	3242
the Revised Code that are provided by a pharmacist or a nursing	3243
home.	3244

(R) "Supplemental health care services" has the same meaning	3245
as in division (B) of section 1751.01 of the Revised Code, except	3246
that it does not include any services listed in that division that	3247
are provided by a pharmacist or nursing home.	3248

Sec. 4723.16.  (A) An individual whom the board of nursing	3249
licenses, certificates, or otherwise legally authorizes to engage	3250
in the practice of nursing as a registered nurse or as a licensed	3251
practical nurse may render the professional services of a	3252
registered or licensed practical nurse within this state through a	3253
corporation formed under division (B) of section 1701.03 of the	3254
Revised Code, a limited liability company formed under Chapter	3255
1705. of the Revised Code, a partnership, or a professional	3256
association formed under Chapter 1785. of the Revised Code. This	3257
division does not preclude an individual of that nature from	3258
rendering professional services as a registered or licensed	3259
practical nurse through another form of business entity,	3260
including, but not limited to, a nonprofit corporation or	3261
foundation, or in another manner that is authorized by or in	3262
accordance with this chapter, another chapter of the Revised Code,	3263
or rules of the board of nursing adopted pursuant to this chapter.	3264

(B) A corporation, limited liability company, partnership, or	3265
professional association described in division (A) of this section	3266
may be formed for the purpose of providing a combination of the	3267
professional services of the following individuals who are	3268
licensed, certificated, or otherwise legally authorized to	3269
practice their respective professions:	3270

(1) Optometrists who are authorized to practice optometry	3271
under Chapter 4725. of the Revised Code;	3272

(2) Chiropractors who are authorized to practice chiropractic	3273
or acupuncture under Chapter 4734. of the Revised Code;	3274

(3) Psychologists who are authorized to practice psychology	3275
under Chapter 4732. of the Revised Code;	3276

(4) Registered or licensed practical nurses who are	3277
authorized to practice nursing as registered nurses or as licensed	3278
practical nurses under this chapter;	3279

(5) Pharmacists who are authorized to practice pharmacy under	3280
Chapter 4729. of the Revised Code;	3281

(6) Physical therapists who are authorized to practice	3282
physical therapy under sections 4755.40 to 4755.56 of the Revised	3283
Code;	3284

(7) Occupational therapists who are licensed to practice	3285
occupational therapy under sections 4755.04 to 4755.13 of the	3286
Revised Code;	3287

(8) Mechanotherapists who are authorized to practice	3288
mechanotherapy under section 4731.151 of the Revised Code;	3289

(9) Doctors of medicine and surgery, osteopathic medicine and	3290
surgery, or podiatric medicine and surgery who are licensed,	3291
certificated, or otherwise legally authorized for their respective	3292
practices under Chapter 4731. of the Revised Code;	3293

(10) Licensed professional clinical counselors, licensed	3294
professional counselors, independent social workers, social	3295
workers, independent marriage and family therapists, or marriage	3296
and family therapists who are authorized for their respective	3297
practices under Chapter 4757. of the Revised Code.	3298

This division shall apply notwithstanding a provision of a	3299
code of ethics applicable to a nurse that prohibits a registered	3300
or licensed practical nurse from engaging in the practice of	3301
nursing as a registered nurse or as a licensed practical nurse in	3302
combination with a person who is licensed, certificated, or	3303
otherwise legally authorized to practice optometry, chiropractic,	3304
acupuncture through the state chiropractic board, psychology,	3305
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3306
medicine and surgery, osteopathic medicine and surgery, or	3307
podiatric medicine and surgery, professional counseling, social	3308
work, or marriage and family therapy, but who is not also	3309
licensed, certificated, or otherwise legally authorized to engage	3310
in the practice of nursing as a registered nurse or as a licensed	3311
practical nurse.	3312

Sec. 4725.33.  (A) An individual whom the state board of	3313
optometry licenses to engage in the practice of optometry may	3314
render the professional services of an optometrist within this	3315
state through a corporation formed under division (B) of section	3316
1701.03 of the Revised Code, a limited liability company formed	3317
under Chapter 1705. of the Revised Code, a partnership, or a	3318
professional association formed under Chapter 1785. of the Revised	3319
Code. This division does not preclude an optometrist from	3320
rendering professional services as an optometrist through another	3321
form of business entity, including, but not limited to, a	3322
nonprofit corporation or foundation, or in another manner that is	3323
authorized by or in accordance with this chapter, another chapter	3324
of the Revised Code, or rules of the state board of optometry	3325
adopted pursuant to this chapter.	3326

(B) A corporation, limited liability company, partnership, or	3327
professional association described in division (A) of this section	3328
may be formed for the purpose of providing a combination of the	3329
professional services of the following individuals who are	3330
licensed, certificated, or otherwise legally authorized to	3331
practice their respective professions:	3332

(1) Optometrists who are authorized to practice optometry	3333
under Chapter 4725. of the Revised Code;	3334

(2) Chiropractors who are authorized to practice chiropractic	3335
or acupuncture under Chapter 4734. of the Revised Code;	3336

(3) Psychologists who are authorized to practice psychology	3337
under Chapter 4732. of the Revised Code;	3338

(4) Registered or licensed practical nurses who are	3339
authorized to practice nursing as registered nurses or as licensed	3340
practical nurses under Chapter 4723. of the Revised Code;	3341

(5) Pharmacists who are authorized to practice pharmacy under	3342
Chapter 4729. of the Revised Code;	3343

(6) Physical therapists who are authorized to practice	3344
physical therapy under sections 4755.40 to 4755.56 of the Revised	3345
Code;	3346

(7) Occupational therapists who are authorized to practice	3347
occupational therapy under sections 4755.04 to 4755.13 of the	3348
Revised Code;	3349

(8) Mechanotherapists who are authorized to practice	3350
mechanotherapy under section 4731.151 of the Revised Code;	3351

(8)(9) Doctors of medicine and surgery, osteopathic medicine	3352
and surgery, or podiatric medicine and surgery who are authorized	3353
for their respective practices under Chapter 4731. of the Revised	3354
Code;	3355

(10) Licensed professional clinical counselors, licensed	3356
professional counselors, independent social workers, social	3357
workers, independent marriage and family therapists, or marriage	3358
and family therapists who are authorized for their respective	3359
practices under Chapter 4757. of the Revised Code.	3360

This division shall apply notwithstanding a provision of a	3361
code of ethics applicable to an optometrist that prohibits an	3362
optometrist from engaging in the practice of optometry in	3363
combination with a person who is licensed, certificated, or	3364
otherwise legally authorized to practice chiropractic, acupuncture	3365
through the state chiropractic board, psychology, nursing,	3366
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3367
medicine and surgery, osteopathic medicine and surgery, or	3368
podiatric medicine and surgery, professional counseling, social	3369
work, or marriage and family therapy, but who is not also	3370
licensed, certificated, or otherwise legally authorized to engage	3371
in the practice of optometry.	3372

Sec. 4729.161.  (A) An individual registered with the state	3373
board of pharmacy to engage in the practice of pharmacy may render	3374
the professional services of a pharmacist within this state	3375
through a corporation formed under division (B) of section 1701.03	3376
of the Revised Code, a limited liability company formed under	3377
Chapter 1705. of the Revised Code, a partnership, or a	3378
professional association formed under Chapter 1785. of the Revised	3379
Code. This division does not preclude an individual of that nature	3380
from rendering professional services as a pharmacist through	3381
another form of business entity, including, but not limited to, a	3382
nonprofit corporation or foundation, or in another manner that is	3383
authorized by or in accordance with this chapter, another chapter	3384
of the Revised Code, or rules of the state board of pharmacy	3385
adopted pursuant to this chapter.	3386

(B) A corporation, limited liability company, partnership, or	3387
professional association described in division (A) of this section	3388
may be formed for the purpose of providing a combination of the	3389
professional services of the following individuals who are	3390
licensed, certificated, or otherwise legally authorized to	3391
practice their respective professions:	3392

(1) Optometrists who are authorized to practice optometry	3393
under Chapter 4725. of the Revised Code;	3394

(2) Chiropractors who are authorized to practice chiropractic	3395
or acupuncture under Chapter 4734. of the Revised Code;	3396

(3) Psychologists who are authorized to practice psychology	3397
under Chapter 4732. of the Revised Code;	3398

(4) Registered or licensed practical nurses who are	3399
authorized to practice nursing as registered nurses or as licensed	3400
practical nurses under Chapter 4723. of the Revised Code;	3401

(5) Pharmacists who are authorized to practice pharmacy under	3402
Chapter 4729. of the Revised Code;	3403

(6) Physical therapists who are authorized to practice	3404
physical therapy under sections 4755.40 to 4755.56 of the Revised	3405
Code;	3406

(7) Occupational therapists who are authorized to practice	3407
occupational therapy under sections 4755.04 to 4755.13 of the	3408
Revised Code;	3409

(8) Mechanotherapists who are authorized to practice	3410
mechanotherapy under section 4731.151 of the Revised Code;	3411

(9) Doctors of medicine and surgery, osteopathic medicine and	3412
surgery, or podiatric medicine and surgery who are authorized for	3413
their respective practices under Chapter 4731. of the Revised	3414
Code;	3415

(10) Licensed professional clinical counselors, licensed	3416
professional counselors, independent social workers, social	3417
workers, independent marriage and family therapists, or marriage	3418
and family therapists who are authorized for their respective	3419
practices under Chapter 4757. of the Revised Code.	3420

This division shall apply notwithstanding a provision of a	3421
code of ethics applicable to a pharmacist that prohibits a	3422
pharmacist from engaging in the practice of pharmacy in	3423
combination with a person who is licensed, certificated, or	3424
otherwise legally authorized to practice optometry, chiropractic,	3425
acupuncture through the state chiropractic board, psychology,	3426
nursing, physical therapy, occupational therapy, mechanotherapy,	3427
medicine and surgery, osteopathic medicine and surgery, or	3428
podiatric medicine and surgery, professional counseling, social	3429
work, or marriage and family therapy, but who is not also	3430
licensed, certificated, or otherwise legally authorized to engage	3431
in the practice of pharmacy.	3432

Sec. 4731.226.  (A)(1) An individual whom the state medical	3433
board licenses, certificates, or otherwise legally authorizes to	3434
engage in the practice of medicine and surgery, osteopathic	3435
medicine and surgery, or podiatric medicine and surgery may render	3436
the professional services of a doctor of medicine and surgery,	3437
osteopathic medicine and surgery, or podiatric medicine and	3438
surgery within this state through a corporation formed under	3439
division (B) of section 1701.03 of the Revised Code, a limited	3440
liability company formed under Chapter 1705. of the Revised Code,	3441
a partnership, or a professional association formed under Chapter	3442
1785. of the Revised Code. Division (A)(1) of this section does	3443
not preclude an individual of that nature from rendering	3444
professional services as a doctor of medicine and surgery,	3445
osteopathic medicine and surgery, or podiatric medicine and	3446
surgery through another form of business entity, including, but	3447
not limited to, a nonprofit corporation or foundation, or in	3448
another manner that is authorized by or in accordance with this	3449
chapter, another chapter of the Revised Code, or rules of the	3450
state medical board adopted pursuant to this chapter.	3451

(2) An individual whom the state medical board authorizes to	3452
engage in the practice of mechanotherapy may render the	3453
professional services of a mechanotherapist within this state	3454
through a corporation formed under division (B) of section 1701.03	3455
of the Revised Code, a limited liability company formed under	3456
Chapter 1705. of the Revised Code, a partnership, or a	3457
professional association formed under Chapter 1785. of the Revised	3458
Code. Division (A)(2) of this section does not preclude an	3459
individual of that nature from rendering professional services as	3460
a mechanotherapist through another form of business entity,	3461
including, but not limited to, a nonprofit corporation or	3462
foundation, or in another manner that is authorized by or in	3463
accordance with this chapter, another chapter of the Revised Code,	3464
or rules of the state medical board adopted pursuant to this	3465
chapter.	3466

(B) A corporation, limited liability company, partnership, or	3467
professional association described in division (A) of this section	3468
may be formed for the purpose of providing a combination of the	3469
professional services of the following individuals who are	3470
licensed, certificated, or otherwise legally authorized to	3471
practice their respective professions:	3472

(1) Optometrists who are authorized to practice optometry	3473
under Chapter 4725. of the Revised Code;	3474

(2) Chiropractors who are authorized to practice chiropractic	3475
or acupuncture under Chapter 4734. of the Revised Code;	3476

(3) Psychologists who are authorized to practice psychology	3477
under Chapter 4732. of the Revised Code;	3478

(4) Registered or licensed practical nurses who are	3479
authorized to practice nursing as registered nurses or as licensed	3480
practical nurses under Chapter 4723. of the Revised Code;	3481

(5) Pharmacists who are authorized to practice pharmacy under	3482
Chapter 4729. of the Revised Code;	3483

(6) Physical therapists who are authorized to practice	3484
physical therapy under sections 4755.40 to 4755.56 of the Revised	3485
Code;	3486

(7) Occupational therapists who are authorized to practice	3487
occupational therapy under sections 4755.04 to 4755.13 of the	3488
Revised Code;	3489

(8) Mechanotherapists who are authorized to practice	3490
mechanotherapy under section 4731.151 of the Revised Code;	3491

(9) Doctors of medicine and surgery, osteopathic medicine and	3492
surgery, or podiatric medicine and surgery who are authorized for	3493
their respective practices under this chapter;	3494

(10) Licensed professional clinical counselors, licensed	3495
professional counselors, independent social workers, social	3496
workers, independent marriage and family therapists, or marriage	3497
and family therapists who are authorized for their respective	3498
practices under Chapter 4757. of the Revised Code.	3499

(C) Division (B) of this section shall apply notwithstanding	3500
a provision of a code of ethics described in division (B)(18) of	3501
section 4731.22 of the Revised Code that prohibits either of the	3502
following:	3503

(1) A doctor of medicine and surgery, osteopathic medicine	3504
and surgery, or podiatric medicine and surgery from engaging in	3505
the doctor's authorized practice in combination with a person who	3506
is licensed, certificated, or otherwise legally authorized to	3507
engage in the practice of optometry, chiropractic, acupuncture	3508
through the state chiropractic board, psychology, nursing,	3509
pharmacy, physical therapy, occupational therapy, or	3510
mechanotherapy, professional counseling, social work, or marriage	3511
and family therapy, but who is not also licensed, certificated, or	3512
otherwise legally authorized to practice medicine and surgery,	3513
osteopathic medicine and surgery, or podiatric medicine and	3514
surgery.	3515

(2) A mechanotherapist from engaging in the practice of	3516
mechanotherapy in combination with a person who is licensed,	3517
certificated, or otherwise legally authorized to engage in the	3518
practice of optometry, chiropractic, acupuncture through the state	3519
chiropractic board, psychology, nursing, pharmacy, physical	3520
therapy, occupational therapy, medicine and surgery, osteopathic	3521
medicine and surgery, or podiatric medicine and surgery,	3522
professional counseling, social work, or marriage and family	3523
therapy, but who is not also licensed, certificated, or otherwise	3524
legally authorized to engage in the practice of mechanotherapy.	3525

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	3526
Revised Code:	3527

(A)(1) "Clinical laboratory services" means either of the	3528
following:	3529

(a) Any examination of materials derived from the human body	3530
for the purpose of providing information for the diagnosis,	3531
prevention, or treatment of any disease or impairment or for the	3532
assessment of health;	3533

(b) Procedures to determine, measure, or otherwise describe	3534
the presence or absence of various substances or organisms in the	3535
body.	3536

(2) "Clinical laboratory services" does not include the mere	3537
collection or preparation of specimens.	3538

(B) "Designated health services" means any of the following:

3539

(1) Clinical laboratory services;

3540

(2) Home health care services;

3541

(3) Outpatient prescription drugs.

3542

(C) "Fair market value" means the value in arms-length	3543
transactions, consistent with general market value and:	3544

(1) With respect to rentals or leases, the value of rental	3545
property for general commercial purposes, not taking into account	3546
its intended use;	3547

(2) With respect to a lease of space, not adjusted to reflect	3548
the additional value the prospective lessee or lessor would	3549
attribute to the proximity or convenience to the lessor if the	3550
lessor is a potential source of referrals to the lessee.	3551

(D) "Governmental health care program" means any program	3552
providing health care benefits that is administered by the federal	3553
government, this state, or a political subdivision of this state,	3554
including the medicare program, health care coverage for public	3555
employees, health care benefits administered by the bureau of	3556
workers' compensation, and the medicaid program.	3557

(E)(1) "Group practice" means a group of two or more holders	3558
of certificates under this chapter legally organized as a	3559
partnership, professional corporation or association, limited	3560
liability company, foundation, nonprofit corporation, faculty	3561
practice plan, or similar group practice entity, including an	3562
organization comprised of a nonprofit medical clinic that	3563
contracts with a professional corporation or association of	3564
physicians to provide medical services exclusively to patients of	3565
the clinic in order to comply with section 1701.03 of the Revised	3566
Code and including a corporation, limited liability company,	3567
partnership, or professional association described in division (B)	3568
of section 4731.226 of the Revised Code formed for the purpose of	3569
providing a combination of the professional services of	3570
optometrists who are licensed, certificated, or otherwise legally	3571
authorized to practice optometry under Chapter 4725. of the	3572
Revised Code, chiropractors who are licensed, certificated, or	3573
otherwise legally authorized to practice chiropractic or	3574
acupuncture under Chapter 4734. of the Revised Code, psychologists	3575
who are licensed, certificated, or otherwise legally authorized to	3576
practice psychology under Chapter 4732. of the Revised Code,	3577
registered or licensed practical nurses who are licensed,	3578
certificated, or otherwise legally authorized to practice nursing	3579
under Chapter 4723. of the Revised Code, pharmacists who are	3580
licensed, certificated, or otherwise legally authorized to	3581
practice pharmacy under Chapter 4729. of the Revised Code,	3582
physical therapists who are licensed, certificated, or otherwise	3583
legally authorized to practice physical therapy under sections	3584
4755.40 to 4755.56 of the Revised Code, occupational therapists	3585
who are licensed, certificated, or otherwise legally authorized to	3586
practice occupational therapy under sections 4755.04 to 4755.13 of	3587
the Revised Code, mechanotherapists who are licensed,	3588
certificated, or otherwise legally authorized to practice	3589
mechanotherapy under section 4731.151 of the Revised Code, and	3590
doctors of medicine and surgery, osteopathic medicine and surgery,	3591
or podiatric medicine and surgery who are licensed, certificated,	3592
or otherwise legally authorized for their respective practices	3593
under this chapter, and licensed professional clinical counselors,	3594
licensed professional counselors, independent social workers,	3595
social workers, independent marriage and family therapists, or	3596
marriage and family therapists who are licensed, certificated, or	3597
otherwise legally authorized for their respective practices under	3598
Chapter 4757. of the Revised Code to which all of the following	3599
apply:	3600

(a) Each physician who is a member of the group practice	3601
provides substantially the full range of services that the	3602
physician routinely provides, including medical care,	3603
consultation, diagnosis, or treatment, through the joint use of	3604
shared office space, facilities, equipment, and personnel.	3605

(b) Substantially all of the services of the members of the	3606
group are provided through the group and are billed in the name of	3607
the group and amounts so received are treated as receipts of the	3608
group.	3609

(c) The overhead expenses of and the income from the practice	3610
are distributed in accordance with methods previously determined	3611
by members of the group.	3612

(d) The group practice meets any other requirements that the	3613
state medical board applies in rules adopted under section 4731.70	3614
of the Revised Code.	3615

(2) In the case of a faculty practice plan associated with a	3616
hospital with a medical residency training program in which	3617
physician members may provide a variety of specialty services and	3618
provide professional services both within and outside the group,	3619
as well as perform other tasks such as research, the criteria in	3620
division (E)(1) of this section apply only with respect to	3621
services rendered within the faculty practice plan.	3622

(F) "Home health care services" and "immediate family" have	3623
the same meanings as in the rules adopted under section 4731.70 of	3624
the Revised Code.	3625

(G) "Hospital" has the same meaning as in section 3727.01 of	3626
the Revised Code.	3627

(H) A "referral" includes both of the following:

3628

(1) A request by a holder of a certificate under this chapter	3629
for an item or service, including a request for a consultation	3630
with another physician and any test or procedure ordered by or to	3631
be performed by or under the supervision of the other physician;	3632

(2) A request for or establishment of a plan of care by a	3633
certificate holder that includes the provision of designated	3634
health services.	3635

(I) "Third-party payer" has the same meaning as in section	3636
3901.38 of the Revised Code.	3637

Sec. 4732.28.  (A) An individual whom the state board of	3638
psychology licenses, certificates, or otherwise legally authorizes	3639
to engage in the practice of psychology may render the	3640
professional services of a psychologist within this state through	3641
a corporation formed under division (B) of section 1701.03 of the	3642
Revised Code, a limited liability company formed under Chapter	3643
1705. of the Revised Code, a partnership, or a professional	3644
association formed under Chapter 1785. of the Revised Code. This	3645
division does not preclude an individual of that nature from	3646
rendering professional services as a psychologist through another	3647
form of business entity, including, but not limited to, a	3648
nonprofit corporation or foundation, or in another manner that is	3649
authorized by or in accordance with this chapter, another chapter	3650
of the Revised Code, or rules of the state board of psychology	3651
adopted pursuant to this chapter.	3652

(B) A corporation, limited liability company, partnership, or	3653
professional association described in division (A) of this section	3654
may be formed for the purpose of providing a combination of the	3655
professional services of the following individuals who are	3656
licensed, certificated, or otherwise legally authorized to	3657
practice their respective professions:	3658

(1) Optometrists who are authorized to practice optometry	3659
under Chapter 4725. of the Revised Code;	3660

(2) Chiropractors who are authorized to practice chiropractic	3661
or acupuncture under Chapter 4734. of the Revised Code;	3662

(3) Psychologists who are authorized to practice psychology	3663
under this chapter;	3664

(4) Registered or licensed practical nurses who are	3665
authorized to practice nursing as registered nurses or as licensed	3666
practical nurses under Chapter 4723. of the Revised Code;	3667

(5) Pharmacists who are authorized to practice pharmacy under	3668
Chapter 4729. of the Revised Code;	3669

(6) Physical therapists who are authorized to practice	3670
physical therapy under sections 4755.40 to 4755.56 of the Revised	3671
Code;	3672

(7) Occupational therapists who are authorized to practice	3673
occupational therapy under sections 4755.04 to 4755.13 of the	3674
Revised Code;	3675

(8) Mechanotherapists who are authorized to practice	3676
mechanotherapy under section 4731.151 of the Revised Code;	3677

(9) Doctors of medicine and surgery, osteopathic medicine and	3678
surgery, or podiatric medicine and surgery who are authorized for	3679
their respective practices under Chapter 4731. of the Revised	3680
Code;	3681

(10) Licensed professional clinical counselors, licensed	3682
professional counselors, independent social workers, social	3683
workers, independent marriage and family therapists, or marriage	3684
and family therapists who are authorized for their respective	3685
practices under Chapter 4757. of the Revised Code.	3686

This division shall apply notwithstanding a provision of a	3687
code of ethics applicable to a psychologist that prohibits a	3688
psychologist from engaging in the practice of psychology in	3689
combination with a person who is licensed, certificated, or	3690
otherwise legally authorized to practice optometry, chiropractic,	3691
acupuncture through the state chiropractic board, nursing,	3692
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3693
medicine and surgery, osteopathic medicine and surgery, or	3694
podiatric medicine and surgery, professional counseling, social	3695
work, or marriage and family therapy, but who is not also	3696
licensed, certificated, or otherwise legally authorized to engage	3697
in the practice of psychology.	3698

Sec. 4734.17.  (A) An individual whom the state chiropractic	3699
board licenses to engage in the practice of chiropractic or	3700
certifies to practice acupuncture may render the professional	3701
services of a chiropractor or chiropractor certified to practice	3702
acupuncture within this state through a corporation formed under	3703
division (B) of section 1701.03 of the Revised Code, a limited	3704
liability company formed under Chapter 1705. of the Revised Code,	3705
a partnership, or a professional association formed under Chapter	3706
1785. of the Revised Code. This division does not preclude a	3707
chiropractor from rendering professional services as a	3708
chiropractor or chiropractor certified to practice acupuncture	3709
through another form of business entity, including, but not	3710
limited to, a nonprofit corporation or foundation, or in another	3711
manner that is authorized by or in accordance with this chapter,	3712
another chapter of the Revised Code, or rules of the state	3713
chiropractic board adopted pursuant to this chapter.	3714

(B) A corporation, limited liability company, partnership, or	3715
professional association described in division (A) of this section	3716
may be formed for the purpose of providing a combination of the	3717
professional services of the following individuals who are	3718
licensed, certificated, or otherwise legally authorized to	3719
practice their respective professions:	3720

(1) Optometrists who are authorized to practice optometry,	3721
under Chapter 4725. of the Revised Code;	3722

(2) Chiropractors who are authorized to practice chiropractic	3723
or acupuncture under this chapter;	3724

(3) Psychologists who are authorized to practice psychology	3725
under Chapter 4732. of the Revised Code;	3726

(4) Registered or licensed practical nurses who are	3727
authorized to practice nursing as registered nurses or as licensed	3728
practical nurses under Chapter 4723. of the Revised Code;	3729

(5) Pharmacists who are authorized to practice pharmacy under	3730
Chapter 4729. of the Revised Code;	3731

(6) Physical therapists who are authorized to practice	3732
physical therapy under sections 4755.40 to 4755.56 of the Revised	3733
Code;	3734

(7) Occupational therapists who are authorized to practice	3735
occupational therapy under sections 4755.04 to 4755.13 of the	3736
Revised Code;	3737

(8) Mechanotherapists who are authorized to practice	3738
mechanotherapy under section 4731.151 of the Revised Code;	3739

(9) Doctors of medicine and surgery, osteopathic medicine and	3740
surgery, or podiatric medicine and surgery who are authorized for	3741
their respective practices under Chapter 4731. of the Revised	3742
Code;	3743

(10) Licensed professional clinical counselors, licensed	3744
professional counselors, independent social workers, social	3745
workers, independent marriage and family therapists, or marriage	3746
and family therapists who are authorized for their respective	3747
practices under Chapter 4757. of the Revised Code.	3748

This division shall apply notwithstanding a provision of any	3749
code of ethics established or adopted under section 4734.16 of the	3750
Revised Code that prohibits an individual from engaging in the	3751
practice of chiropractic or acupuncture in combination with an	3752
individual who is licensed, certificated, or otherwise authorized	3753
for the practice of optometry, psychology, nursing, pharmacy,	3754
physical therapy, occupational therapy, mechanotherapy, medicine	3755
and surgery, osteopathic medicine and surgery, or podiatric	3756
medicine and surgery, professional counseling, social work, or	3757
marriage and family therapy, but who is not also licensed under	3758
this chapter to engage in the practice of chiropractic.	3759

Sec. 4734.41.  (A) As used in this section:

3760

(1) "Chemical dependency" means either of the following:

3761

(a) The chronic and habitual use of alcoholic beverages to	3762
the extent that the user no longer can control the use of alcohol	3763
or endangers the user's health, safety, or welfare or that of	3764
others;	3765

(b) The use of a controlled substance as defined in section	3766
3719.01 of the Revised Code, a harmful intoxicant as defined in	3767
section 2925.01 of the Revised Code, or a dangerous drug as	3768
defined in section 4729.01 of the Revised Code, to the extent that	3769
the user becomes physically or psychologically dependent on the	3770
substance, intoxicant, or drug or endangers the user's health,	3771
safety, or welfare or that of others.	3772

(2) "Mental illness" means a recognized psychiatric or	3773
psychological condition, disorder, or syndrome that has been	3774
diagnosed by a psychiatrist, psychologist, licensed professional	3775
clinical counselor, or independent social worker as a condition,	3776
disorder, or syndrome that may pose a danger to the person	3777
diagnosed or others or may prevent the person from practicing the	3778
person's profession according to acceptable and prevailing	3779
standards of care.	3780

(B) The state chiropractic board shall establish a chemical	3781
dependency and mental illness monitoring program. The program	3782
shall be made available to any individual under the board's	3783
jurisdiction who has a chemical dependency or mental illness and	3784
meets the board's eligibility requirements for admission to and	3785
continued participation in the program. The board shall develop	3786
the program and may designate a coordinator to administer it or	3787
enter into a contract for the program to be administered by	3788
another entity through a coordinator. The board shall adopt rules	3789
in accordance with Chapter 119. of the Revised Code that establish	3790
standards and procedure for operating the program.	3791

(C) Except as provided in division (D) of this section, all	3792
records of an individual's participation in the monitoring	3793
program, including medical records, chemical dependency records,	3794
and mental health records, shall be confidential, are not public	3795
records for the purposes of section 149.43 of the Revised Code,	3796
and are not subject to discovery by subpoena or admissible as	3797
evidence in any judicial proceeding. The program coordinator shall	3798
maintain all records as directed by the board.	3799

(D) The monitoring program's coordinator may disclose records	3800
or information regarding an individual's progress and status of	3801
participation in the program to the disciplinary section of the	3802
board and to any person or government entity that the program	3803
participant authorizes in writing to be given the records or	3804
information.	3805

In disclosing records or information under this division, the	3806
coordinator shall not include any record or information that is	3807
protected under section 5119.27 of the Revised Code or any federal	3808
statute or regulation that provides for the confidentiality of	3809
mental health or substance abuse records.	3810

(E) In the absence of fraud or bad faith, the monitoring	3811
program's coordinator, the board and the board's employees and	3812
representatives are not liable for damages in any civil action as	3813
a result of disclosing records or information in accordance with	3814
division (D) of this section. In the absence of fraud or bad	3815
faith, any person reporting to the program an individual's	3816
chemical dependency or mental illness, or the progress or lack of	3817
progress of that individual with regard to treatment, is not	3818
liable for damages in any civil action as a result of the report.	3819

(F) The board may abstain from taking formal disciplinary	3820
action under section 4734.31 of the Revised Code against an	3821
individual because of the individual's chemical dependency or	3822
mental illness, if the individual meets the eligibility	3823
requirements for admission into the monitoring program and all of	3824
the following occur:	3825

(1) The individual enters into a monitoring agreement with	3826
the coordinator of the program;	3827

(2) The individual complies with the terms and conditions for	3828
continued participation in the program, as specified in the	3829
monitoring agreement;	3830

(3) The individual successfully completes the terms and	3831
conditions of the monitoring agreement, including the condition	3832
that the individual attain the ability to practice in accordance	3833
with acceptable and prevailing standards of care applicable to the	3834
practice of chiropractic.	3835

Sec. 4755.471.  (A) An individual whom the occupational	3836
therapy section or physical therapy section of the Ohio	3837
occupational therapy, physical therapy, and athletic trainers	3838
board licenses, certificates, or otherwise legally authorizes to	3839
engage in the practice of occupational therapy or physical therapy	3840
may render the professional services of an occupational therapist	3841
or a physical therapist within this state through a corporation	3842
formed under division (B) of section 1701.03 of the Revised Code,	3843
a limited liability company formed under Chapter 1705. of the	3844
Revised Code, a partnership, or a professional association formed	3845
under Chapter 1785. of the Revised Code. This division does not	3846
preclude an individual of that nature from rendering professional	3847
services as an occupational therapist or a physical therapist	3848
through another form of business entity, including, but not	3849
limited to, a nonprofit corporation or foundation, or in another	3850
manner that is authorized by or in accordance with sections	3851
4755.40 to 4755.53 of the Revised Code, another chapter of the	3852
Revised Code, or rules of the Ohio occupational therapy, physical	3853
therapy, and athletic trainers board adopted pursuant to sections	3854
4755.40 to 4755.53 of the Revised Code.	3855

(B) A corporation, limited liability company, partnership, or	3856
professional association described in division (A) of this section	3857
may be formed for the purpose of providing a combination of the	3858
professional services of the following individuals who are	3859
licensed, certificated, or otherwise legally authorized to	3860
practice their respective professions:	3861

(1) Optometrists who are authorized to practice optometry	3862
under Chapter 4725. of the Revised Code;	3863

(2) Chiropractors who are authorized to practice chiropractic	3864
or acupuncture under Chapter 4734. of the Revised Code;	3865

(3) Psychologists who are authorized to practice psychology	3866
under Chapter 4732. of the Revised Code;	3867

(4) Registered or licensed practical nurses who are	3868
authorized to practice nursing as registered nurses or as licensed	3869
practical nurses under Chapter 4723. of the Revised Code;	3870

(5) Pharmacists who are authorized to practice pharmacy under	3871
Chapter 4729. of the Revised Code;	3872

(6) Physical therapists who are authorized to practice	3873
physical therapy under sections 4755.40 to 4755.56 of the Revised	3874
Code;	3875

(7) Occupational therapists who are authorized to practice	3876
occupational therapy under sections 4755.04 to 4755.13 of the	3877
Revised Code;	3878

(8) Mechanotherapists who are authorized to practice	3879
mechanotherapy under section 4731.151 of the Revised Code;	3880

(8)(9) Doctors of medicine and surgery, osteopathic medicine	3881
and surgery, or podiatric medicine and surgery who are authorized	3882
for their respective practices under Chapter 4731. of the Revised	3883
Code;	3884

(10) Licensed professional clinical counselors, licensed	3885
professional counselors, independent social workers, social	3886
workers, independent marriage and family therapists, or marriage	3887
and family therapists who are authorized for their respective	3888
practices under Chapter 4757. of the Revised Code.	3889

This division shall apply notwithstanding a provision of a	3890
code of ethics applicable to an occupational therapist or a	3891
physical therapist that prohibits an occupational therapist or a	3892
physical therapist from engaging in the practice of occupational	3893
therapy or physical therapy in combination with a person who is	3894
licensed, certificated, or otherwise legally authorized to	3895
practice optometry, chiropractic, acupuncture through the state	3896
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,	3897
medicine and surgery, osteopathic medicine and surgery, or	3898
podiatric medicine and surgery, professional counseling, social	3899
work, or marriage and family therapy, but who is not also	3900
licensed, certificated, or otherwise legally authorized to engage	3901
in the practice of occupational therapy or physical therapy.	3902

Sec. 4757.01.  As used in this chapter:

3903

(A) "Practice of professional counseling" means rendering or	3904
offering to render to individuals, groups, organizations, or the	3905
general public a counseling service involving the application of	3906
clinical counseling principles, methods, or procedures to assist	3907
individuals in achieving more effective personal, social,	3908
educational, or career development and adjustment, including the	3909
diagnosis and treatment of mental and emotional disorders.	3910

(B) "Clinical counseling principles, methods, or procedures"	3911
means an approach to counseling that emphasizes the counselor's	3912
role in systematically assisting clients through all of the	3913
following: assessing and analyzing background and current	3914
information, diagnosing mental and emotional disorders, exploring	3915
possible solutions, and developing and providing a treatment plan	3916
for mental and emotional adjustment or development. "Clinical	3917
counseling principles, methods, or procedures" includes at least	3918
counseling, appraisal, consulting, and referral.	3919

(C) "Practice of social work" means the application of social	3920
work theory and specialized knowledge of human development and	3921
behavior and social, economic, and cultural systems in directly	3922
assisting individuals, families, and groups in a clinical setting	3923
to improve or restore their capacity for social functioning,	3924
including counseling, the use of psychosocial interventions, and	3925
the use of social psychotherapy, which includes the diagnosis and	3926
treatment of mental and emotional disorders.	3927

(D) "Accredited educational institution" means an institution	3928
accredited by a national or regional accrediting agency accepted	3929
by the board of regents.	3930

(E) "Scope of practice" means the services, methods, and	3931
techniques in which and the areas for which a person licensed or	3932
registered under this chapter is trained and qualified.	3933

(F) "Mental and emotional disorders" means those disorders	3934
that are classified in accepted nosologies such as the	3935
international classification of diseases and the diagnostic and	3936
statistical manual of mental disorders and in future editions of	3937
those nosologies.	3938

(G) "Marriage and family therapy" means the diagnosis,	3939
evaluation, assessment, counseling, management and treatment of	3940
mental and emotional disorders, whether cognitive, affective, or	3941
behavioral, within the context of marriage and family systems,	3942
through the professional application of marriage and family	3943
therapies and techniques.	3944

(H) "Practice of marriage and family therapy" means the	3945
diagnosis, treatment, evaluation, assessment, counseling, and	3946
management, of mental and emotional disorders, whether cognitive,	3947
affective or behavioral, within the context of marriage and family	3948
systems, to individuals, couples, and families, singly or in	3949
groups, whether those services are offered directly to the general	3950
public or through public or private organizations, for a fee,	3951
salary or other consideration through the professional application	3952
of marriage and family theories, therapies, and techniques,	3953
including, but not limited to psychotherapeutic theories,	3954
therapies and techniques that marriage and family therapists are	3955
educated and trained to perform.	3956

(I) "Social functioning" means living up to the expectations	3957
that are made of an individual by the individual's own self, the	3958
immediate social environment, and by society at large. "Social	3959
functioning" includes meeting basic needs of the individual and	3960
the individual's dependents, including physical aspects, personal	3961
fulfillment, emotional needs, and an adequate self-concept.	3962

Sec. 4757.02.  (A) Except as provided in division (C) of this	3963
section and section 4757.41 of the Revised Code:	3964

(1) No person shall engage in or claim to the public to be	3965
engaging in the practice of professional counseling for a fee,	3966
salary, or other consideration unless the person is currently	3967
licensed under this chapter as a licensed professional clinical	3968
counselor or licensed professional counselor.	3969

(2) No person shall practice or claim to the public to be	3970
practicing social work for a fee, salary, or other consideration	3971
unless the person is currently licensed under this chapter as an	3972
independent social worker or a social worker.	3973

(3) No person shall claim to the public to be a social work	3974
assistant unless the person is currently registered under this	3975
chapter as a social work assistant.	3976

(4) No person shall engage in the practice of marriage and	3977
family therapy or claim to the public to be engaging in the	3978
practice of marriage and family therapy unless the person is	3979
currently licensed under this chapter as a marriage and family	3980
therapist.	3981

(B)(1) No person shall use the title "licensed professional	3982
clinical counselor," "licensed professional counselor," or any	3983
other title or description incorporating the word "counselor" or	3984
any initials used to identify persons acting in those capacities	3985
unless currently authorized under this chapter by licensure to act	3986
in the capacity indicated by the title or initials.	3987

(2) No person shall use the title "social worker,"	3988
"independent social worker," "social work assistant," or any other	3989
title or description incorporating the words "social worker" or	3990
any initials used to identify persons acting in those capacities	3991
unless the person is currently authorized by licensure or	3992
registration under this chapter to act in the capacity indicated	3993
by the title or initials.	3994

(3) No person shall use the title "marriage and family	3995
therapist" or any initials used to identify persons acting in that	3996
capacity unless the person is currently authorized by licensure	3997
under this chapter to act in the capacity indicated by the title	3998
or initials.	3999

(C)(1) Divisions (A)(1) to (3) of this section do not apply	4000
to the practice of marriage and family therapy by a person holding	4001
a valid license or temporary license as a marriage and family	4002
therapist or independent marriage and family therapist under this	4003
chapter.	4004

(2) Division (A)(4) of this section does not apply to the	4005
following persons licensed or registered under this chapter:	4006
licensed professional clinical counselors, licensed professional	4007
counselors, independent social workers, social workers, and social	4008
work assistants.	4009

Sec. 4757.03. (A) There is hereby created the counselor,	4010
social worker, and marriage and family therapist board, consisting	4011
of fifteen members. The governor shall appoint the members with	4012
the advice and consent of the senate.	4013

(1) Four of the members shall be individuals licensed under	4014
this chapter as licensed professional clinical counselors or	4015
licensed professional counselors. At all times, the counselor	4016
membership shall include at least two licensed professional	4017
clinical counselors, at least one individual who has received a	4018
doctoral degree in counseling from an accredited educational	4019
institution recognized by the board and holds a graduate level	4020
teaching position in a counselor education program, and at least	4021
two individuals who have received at least a master's degree in	4022
counseling from an accredited educational institution recognized	4023
by the board.	4024

Two of the(2) Four members shall be individuals licensed	4025
under this chapter as independent marriage and family therapists	4026
and two shall be individuals licensed under this chapter asor	4027
marriage and family therapists or, if the board has not yet	4028
licensed independent marriage and family therapists or marriage	4029
and family therapists, eligible for licensure as independent	4030
marriage and family therapists or marriage and family therapists.	4031
They shall have, during the five years preceding appointment,	4032
actively engaged in the practice of marriage and family therapy,	4033
in educating and training master's, doctoral, or postdoctoral	4034
students of marriage and family therapy, or in marriage and family	4035
therapy research and, during the two years immediately preceding	4036
appointment, shall have devoted the majority of their professional	4037
time to the activity while residing in this state. At all times,	4038
the marriage and family therapist membership shall include one	4039
educator who holds a teaching position in a master's degree	4040
marriage and family therapy program at an accredited educational	4041
institution recognized by the board.	4042

(3) Two members shall be individuals licensed under this	4043
chapter as independent social workers. Two members shall be	4044
individuals licensed under this chapter as social workers, at	4045
least one of whom must hold a bachelor's or master's degree in	4046
social work from an accredited educational institution recognized	4047
by the board. At all times, the social worker membership shall	4048
include one educator who holds a teaching position in a	4049
baccalaureate or master's degree social work program at an	4050
accredited educational institution recognized by the board.	4051

(4) Three members shall be representatives of the general	4052
public who have not practiced professional counseling, marriage	4053
and family therapy, or social work and have not been involved in	4054
the delivery of professional counseling, marriage and family	4055
therapy, or social work services. At least one of the members	4056
representing the general public shall be at least sixty years of	4057
age. During their terms the public members shall not practice	4058
professional counseling, marriage and family therapy, or social	4059
work or be involved in the delivery of professional counseling,	4060
marriage and family therapy, or social work services.	4061

(B) Both of the following apply to each member specified in	4062
divisions (A)(1), (2), and (3) of this section:	4063

(1) During the five years preceding appointment to the board,	4064
the member shall have actively engaged in the practice of the	4065
member's profession. A member holding a teaching position shall	4066
have actively engaged in the practice of the member's profession	4067
by conducting research in the member's profession or by educating	4068
and training master's, doctoral, or postdoctoral students in the	4069
member's profession, as applicable.	4070

(2) During the two years immediately preceding appointment,	4071
the member shall have devoted the majority of their professional	4072
time to the activity described in division (B)(1) of this section	4073
while residing in this state.	4074

(C) At least three members, one from each of the board's	4075
professional standards committees, during the five years preceding	4076
appointment, shall have practiced at a public agency or at an	4077
organization that is certified or licensed by the department of	4078
developmental disabilities, the department of alcohol and drug	4079
addiction services, the department of job and family services, or	4080
the department of mental health.	4081

(D) Not more than eight members of the board may be members	4082
of the same political party or sex. At	4083

(E) At least one member of the board shall be of African,	4084
Native American, Hispanic, or Asian descent.	4085

Of the initial appointees, three shall be appointed for terms	4086
ending October 10, 1985, four shall be appointed for terms ending	4087
October 10, 1986, and four shall be appointed for terms ending	4088
October 10, 1987. Of the two initial independent marriage and	4089
family therapists appointed to the board, one shall be appointed	4090
for a term ending two years after the effective date of this	4091
amendment and one for a term ending three years after that date.	4092
Of the two initial marriage and family therapists appointed to the	4093
board, one shall be appointed for a term ending two years after	4094
the effective date of this amendment and one for a term ending	4095
three years after that date. After the initial appointments, terms	4096

(F) Terms of office shall be three years, each term ending on	4097
the same day of the same month of the year as did the term that it	4098
succeeds. As a result of the dates of initial appointment, the	4099
number of terms expiring each year are four, five, or six.	4100

(G) A member shall hold office from the date of appointment	4101
until the end of the term for which the member was appointed. A	4102
member appointed to fill a vacancy occurring prior to the	4103
expiration of the term for which the member's predecessor was	4104
appointed shall hold office for the remainder of that term. A	4105
member shall continue in office after the expiration date of the	4106
member's term until a successor takes office or until a period of	4107
sixty days has elapsed, whichever occurs first. Members may be	4108
reappointed, except that if a person has held office for two	4109
consecutive full terms, the person shall not be reappointed to the	4110
board sooner than one year after the expiration of the second full	4111
term as a member of the board.	4112

Sec. 4757.04.  Within the counselor, social worker, and	4113
marriage and family therapist board, there is hereby created the	4114
counselors professional standards committee, the social workers	4115
professional standards committee, and the marriage and family	4116
therapist professional standards committee.	4117

The counselors professional standards committee consists of	4118
the board's licensed professional clinical counselor and licensed	4119
professional counselor members and one of the members representing	4120
the public who is not the member representing the public on the	4121
marriage and family therapist professional standards committee or	4122
the social workers professional standards committee. The committee	4123
has full authority to act on behalf of the board on all matters	4124
concerning professional clinical counselors and professional	4125
counselors.	4126

The social workers professional standards committee consists	4127
of the board's independent social worker and social worker members	4128
and one of the members representing the public who is not the	4129
member representing the public on the counselors professional	4130
standards committee or the marriage and family therapist	4131
professional standards committee. The committee has full authority	4132
to act on behalf of the board on all matters concerning	4133
independent social workers, social workers, and social work	4134
assistants.	4135

The marriage and family therapist professional standards	4136
committee consists of the board's marriage and family therapists	4137
and one of the members representing the public who is not the	4138
member representing the public on the counselors professional	4139
standards committee or the social workers professional standards	4140
committee. The committee has full authority to act on behalf of	4141
the board on all matters concerning independent marriage and	4142
family therapists and marriage and family therapists.	4143

Sec. 4757.10.  The counselor, social worker, and marriage and	4144
family therapist board may adopt any rules necessary to carry out	4145
this chapter.	4146

The board shall adopt rules that do all of the following:

4147

(A) Concern intervention for and treatment of any impaired	4148
person holding a license or certificate of registration issued	4149
under this chapter;	4150

(B) Establish standards for training and experience of	4151
supervisors described in division (C) of section 4757.30 of the	4152
Revised Code;	4153

(C) Define the requirement that an applicant be of good moral	4154
character in order to be licensed or registered under this	4155
chapter;	4156

(D) Establish requirements for criminal records checks of	4157
applicants under section 4776.03 of the Revised Code;	4158

(E) Establish a graduated system of fines based on the scope	4159
and severity of violations and the history of compliance, not to	4160
exceed five hundred dollars per incident, that any professional	4161
standards committee of the board may charge for a disciplinary	4162
violation described in section 4757.36 of the Revised Code;	4163

(F) Establish the amount and content of corrective action	4164
courses required by the board under section 4755.36 of the Revised	4165
Code;	4166

(G) Provide for voluntary registration of all of the	4167
following:	4168

(1) Master's level counselor trainees enrolled in practice	4169
and internships;	4170

(2) Master's level social worker trainees enrolled in	4171
fieldwork, practice, and internships;	4172

(3) Master's level marriage and family therapist trainees	4173
enrolled in practice and internships.	4174

Rules adopted under division (G) of this section shall not	4175
require a trainee to register with the board, and if a trainee has	4176
not registered, shall prohibit any adverse effect with respect to	4177
a trainee's application for licensure by the board.	4178

All rules adopted under this section shall be adopted in	4179
accordance with Chapter 119. of the Revised Code. When it adopts	4180
rules under this section or any other section of this chapter, the	4181
board may consider standards established by any national	4182
association or other organization representing the interests of	4183
those involved in professional counseling, social work, or	4184
marriage and family therapy.	4185

Sec. 4757.11.  The counselor, social worker, and marriage and	4186
family therapist board shall establish a code of ethical practice	4187
for persons licensed under this chapter as licensed professional	4188
clinical counselors or licensed professional counselors. The board	4189
shall establish a code of ethical practice for persons licensed	4190
under this chapter as independent social workers or social	4191
workers, persons registered under this chapter as social work	4192
assistants, and persons licensed as independent marriage and	4193
family therapists or marriage and family therapists. The codes of	4194
ethical practice shall be established by adopting rules in	4195
accordance with Chapter 119. of the Revised Code. The codes of	4196
ethical practice shall define unprofessional conduct, which shall	4197
include engaging in a dual relationship with a client or former	4198
client, committing an act of sexual abuse, misconduct, or	4199
exploitation of a client or former client, and, except as	4200
permitted by law, violating client confidentiality. The codes of	4201
ethical practice may be based on any codes of ethical practice	4202
developed by national organizations representing the interests of	4203
those involved in professional counseling, social work, or	4204
marriage and family therapy. The board may establish standards in	4205
its codes of ethical practice that are more stringent than those	4206
established by national organizations.	4207

Sec. 4757.13. (A) Each individual who engages in the practice	4208
of professional counseling, social work, or marriage and family	4209
therapy shall prominently display, in a conspicuous place in the	4210
office or place where a major portion of the individual's practice	4211
is conducted, and in such a manner as to be easily seen and read,	4212
the license granted to the individual by the state counselor,	4213
social worker, and marriage and family therapist board.	4214

(B) A license holder engaged in a private individual	4215
practice, partnership, or group practice shall prominently display	4216
the license holder's fee schedule in the office or place where a	4217
major portion of the license holder's practice is conducted. The	4218
bottom of the first page of the fee schedule shall include the	4219
following statement, which shall be followed by the name, address,	4220
and telephone number of the board:	4221

"This information is required by the Counselor, Social	4222
Worker, and Marriage and Family Therapist Board, which regulates	4223
the practices of professional counseling, social work, and	4224
marriage and family therapy in this state."	4225

Sec. 4757.16.  (A) A person seeking to be licensed under this	4226
chapter as a licensed professional clinical counselor or licensed	4227
professional counselor shall file with the counselors professional	4228
standards committee of the counselor, social worker, and marriage	4229
and family therapist board a written application on a form	4230
prescribed by the board. A person seeking to be licensed under	4231
this chapter as an independent social worker or social worker or	4232
registered under this chapter as a social work assistant shall	4233
file with the social workers professional standards committee of	4234
the board a written application on a form prescribed by the board.	4235
A person seeking to be licensed under this chapter as an	4236
independent marriage and family therapist or a marriage and family	4237
therapist shall file with the marriage and family therapist	4238
professional standards committee of the board a written	4239
application on a form prescribed by the board.	4240

Each form prescribed by the board shall contain a statement	4241
informing the applicant that a person who knowingly makes a false	4242
statement on the form is guilty of falsification under section	4243
2921.13 of the Revised Code, a misdemeanor of the first degree.	4244

(B) The professional standards committees shall adopt rules	4245
under Chapter 119. of the Revised Code concerning the process for	4246
review of each application received and shallto determine whether	4247
the applicant meets the requirements to receive the license or	4248
certificate of registration for which application has been made.	4249

Sec. 4757.21.  A person licensed under this chapter to	4250
practice as a licensed professional clinical counselor or a	4251
licensed professional counselor may diagnose and treat mental and	4252
emotional disorders, except that a licensed professional counselor	4253
may do so only under the supervision of a psychologist,	4254
psychiatrist, licensed professional clinical counselor,	4255
independent marriage and family therapist, or independent social	4256
worker. A licensed professional clinical counselor or licensed	4257
professional counselor may engage in the private practice of	4258
professional counseling as an individual practitioner or as a	4259
member of a partnership or group practice.	4260

Sec. 4757.22.  (A) The counselors professional standards	4261
committee of the counselor, social worker, and marriage and family	4262
therapist board shall issue a license to practice as a licensed	4263
professional clinical counselor to each applicant who submits a	4264
properly completed application, pays the fee established under	4265
section 4757.31 of the Revised Code, and meets the requirements	4266
specified in division (B) of this section.	4267

(B)(1) To be eligible for a licensed professional clinical	4268
counselor license, an individual must meet the following	4269
requirements:	4270

(1)(a) The individual must be of good moral character.

4271

(2)(b) The individual must hold from an accredited	4272
educational institution a graduate degree in counseling.	4273

(3)(c) The individual must complete a minimum of ninety	4274
quarter hours or sixty semester hours of graduate credit in	4275
counselor training acceptable to the committee, including a	4276
minimum of thirty quarter hours of instruction in the following	4277
areas:	4278

(a)(i) Clinical psychopathology, personality, and abnormal	4279
behavior;	4280

(b)(ii) Evaluation of mental and emotional disorders;

4281

(c)(iii) Diagnosis of mental and emotional disorders;

4282

(d)(iv) Methods of prevention, intervention, and treatment of	4283
mental and emotional disorders.	4284

(4)(d) The individual must complete, in either a private or	4285
clinical counseling setting, supervised experience in counseling	4286
that is of a type approved by the committee, is supervised by a	4287
licensed professional clinical counselor or other qualified	4288
professional approved by the committee, and is in the following	4289
amounts:	4290

(a)(i) In the case of an individual holding only a master's	4291
degree, not less than two years of experience, which must be	4292
completed after the award of the master's degree;	4293

(b)(ii) In the case of an individual holding a doctorate, not	4294
less than one year of experience, which must be completed after	4295
the award of the doctorate.	4296

(5)(e) The individual must pass a field evaluation that meets	4297
the following requirements:	4298

(a)(i) Has been completed by the applicant's instructors,	4299
employers, supervisors, or other persons determined by the	4300
committee to be competent to evaluate an individual's professional	4301
competence;	4302

(b)(ii) Includes documented evidence of the quality, scope,	4303
and nature of the applicant's experience and competence in	4304
diagnosing and treating mental and emotional disorders.	4305

(6)(f) The individual must pass an examination administered	4306
by the board for the purpose of determining ability to practice as	4307
a licensed professional clinical counselor.	4308

(2) To meet the requirement of division (B)(1)(b) of this	4309
section, a graduate degree in counseling obtained from a mental	4310
health counseling program in this state after January 1, 2018,	4311
must be from a clinical mental health counseling program, a	4312
clinical rehabilitation counseling program, or an addiction	4313
counseling program accredited by the council for accreditation of	4314
counseling and related educational programs.	4315

(3) All of the following meet the educational requirements of	4316
division (B)(1)(c) of this section:	4317

(a) A clinical mental health counseling program accredited by	4318
the council for accreditation of counseling and related	4319
educational programs;	4320

(b) Until January 1, 2018, a mental health counseling program	4321
accredited by the council for accreditation of counseling and	4322
related educational programs;	4323

(c) A graduate degree in counseling issued by another state	4324
from a clinical mental health counseling program, a clinical	4325
rehabilitation counseling program, or an addiction counseling	4326
program that is accredited by the council for accreditation of	4327
counseling and related educational programs;	4328

(d) Any other accredited counseling programs accepted by the	4329
board in accordance with rules adopted under division (F)(3) of	4330
this section.	4331

(C) To be accepted by the committee for purposes of division	4332
(B) of this section, counselor training must include at least the	4333
following:	4334

(1) Instruction in human growth and development; counseling	4335
theory; counseling techniques; group dynamics, processing, and	4336
counseling; appraisal of individuals; research and evaluation;	4337
professional, legal, and ethical responsibilities; social and	4338
cultural foundations; and lifestyle and career development;	4339

(2) Participation in a supervised practicum and internship in	4340
counseling.	4341

(D) The committee may issue a provisionaltemporary license	4342
to an applicant who meets all of the requirements to be licensed	4343
under this section, pending the receipt of transcripts or action	4344
by the committee to issue a license to practice as a licensed	4345
professional clinical counselor.	4346

(E) An individual may not sit for the licensing examination	4347
unless the individual meets the educational requirements to be	4348
licensed under this section. An individual who is denied admission	4349
to the licensing examination may appeal the denial in accordance	4350
with Chapter 119. of the Revised Code.	4351

(F) The board shall adopt any rules necessary for the	4352
committee to implement this section, including. The rules shall do	4353
all of the following:	4354

(1) Establish criteria for the committee to use in	4355
determining whether an applicant's training should be accepted and	4356
supervised experience approved;	4357

(2) Establish course content requirements for qualifying	4358
counseling degrees issued by institutions in other states from	4359
clinical mental health counseling programs, clinical	4360
rehabilitation counseling programs, and addiction counseling	4361
programs that are not accredited by the council for accreditation	4362
of counseling and related educational programs and for graduate	4363
degrees from other accredited counseling programs approved by the	4364
board in accordance with rules adopted under division (F)(3) of	4365
this section;	4366

(3) For purposes of divisions (B)(2)(b) and (3) of this	4367
section, establish requirements for acceptance by the committee of	4368
accredited counseling programs.	4369

Rules adopted under this division shall be adopted in	4370
accordance with Chapter 119. of the Revised Code.	4371

Sec. 4757.23.  (A) The counselors professional standards	4372
committee of the counselor, social worker, and marriage and family	4373
therapist board shall issue a license as a licensed professional	4374
counselor to each applicant who submits a properly completed	4375
application, pays the fee established under section 4757.31 of the	4376
Revised Code, and meets the requirements established under	4377
division (B) of this section.	4378

(B)(1) To be eligible for a license as a licensed	4379
professional counselor, an individual must meet the following	4380
requirements:	4381

(1)(a) The individual must be of good moral character.

4382

(2)(b) The individual must hold from an accredited	4383
educational institution a graduate degree in counseling.	4384

(3)(c) The individual must complete a minimum of ninety	4385
quarter hours or sixty semester hours of graduate credit in	4386
counselor training acceptable to the committee, which the	4387
individual may complete while working toward receiving a graduate	4388
degree in counseling, or subsequent to receiving the degree, and	4389
which shall include training in the following areas:	4390

(i) Clinical psychopathology, personality, and abnormal	4391
behavior;	4392

(ii) Evaluation of mental and emotional disorders;

4393

(iii) Diagnosis of mental and emotional disorders;

4394

(iv) Methods of prevention, intervention, and treatment of	4395
mental and emotional disorders.	4396

(4)(d) The individual must pass an examination administered	4397
by the board for the purpose of determining ability to practice as	4398
a licensed professional counselor.	4399

(2) To meet the requirement of division (B)(1)(b) of this	4400
section, a graduate degree in counseling obtained from a mental	4401
health counseling program in this state after January 1, 2018,	4402
must be from a clinical mental health counseling program, clinical	4403
rehabilitation counseling program, or addiction counseling program	4404
accredited by the council for accreditation of counseling and	4405
related educational programs.	4406

(3) All of the following meet the educational requirements of	4407
division (B)(1)(c) of this section:	4408

(a) A clinical mental health counseling program accredited by	4409
the council for accreditation of counseling and related	4410
educational programs;	4411

(b) Until January 1, 2018, a mental health counseling program	4412
accredited by the council for accreditation of counseling and	4413
related educational programs;	4414

(c) A graduate degree in counseling issued by an institution	4415
in another state from a clinical mental health counseling program,	4416
a clinical rehabilitation counseling program, or an addiction	4417
counseling program that is accredited by the council for	4418
accreditation of counseling and related educational programs;	4419

(d) Any other accredited counseling programs accepted by the	4420
board in accordance with rules adopted under division (F)(3) of	4421
this section.	4422

(C) To be accepted by the committee for purposes of division	4423
(B) of this section, counselor training must include at least the	4424
following:	4425

(1) Instruction in human growth and development; counseling	4426
theory; counseling techniques; group dynamics, processing, and	4427
counseling; appraisal of individuals; research and evaluation;	4428
professional, legal, and ethical responsibilities; social and	4429
cultural foundations; and lifestyle and career development;	4430

(2) Participation in a supervised practicum and internship in	4431
counseling.	4432

(D) The committee may issue a provisionaltemporary license	4433
to practice as a licensed professional counselor to an applicant	4434
who meets all of the requirements to be licensed under this	4435
section, pendingas follows:	4436

(1) Pending the receipt of transcripts or action by the	4437
committee to issue a license as a licensed professional counselor;	4438

(2) For a period not to exceed ninety days, to an applicant	4439
who provides the board with a statement from the applicant's	4440
academic institution indicating that the applicant has met the	4441
academic requirements for the applicant's degree and the projected	4442
date the applicant will receive the applicant's transcript showing	4443
a conferred degree.	4444

On application to the committee, a temporary license issued	4445
under division (D)(2) of this section may be renewed for good	4446
cause shown.	4447

(E) An individual may not sit for the licensing examination	4448
unless the individual meets the educational requirements to be	4449
licensed under this section. An individual who is denied admission	4450
to the licensing examination may appeal the denial in accordance	4451
with Chapter 119. of the Revised Code.	4452

(F) The board shall adopt any rules necessary for the	4453
committee to implement this section, including. The rules shall do	4454
all of the following:	4455

(1) Establish criteria for the committee to use in	4456
determining whether an applicant's training should be accepted and	4457
supervised experience approved;	4458

(2) Establish course content requirements for qualifying	4459
counseling degrees issued by institutions in other states from	4460
clinical mental health counseling programs, clinical	4461
rehabilitation counseling programs, and addiction counseling	4462
programs that are not accredited by the council for accreditation	4463
of counseling and related educational programs and for graduate	4464
degrees from other accredited counseling programs accepted by the	4465
board in accordance with rules adopted under division (F)(3) of	4466
this section;	4467

(3) For purposes of divisions (B)(2)(b) and (3) of this	4468
section, establish requirements for acceptance by the committee of	4469
accredited counseling programs.	4470

Rules adopted under this division shall be adopted in	4471
accordance with Chapter 119. of the Revised Code.	4472

Sec. 4757.26.  (A) A person licensed under this chapter to	4473
practice as an independent social worker or a social worker may	4474
diagnose and treat mental and emotional disorders, except that a	4475
social worker may do so only under the supervision of a	4476
psychologist, psychiatrist, licensed professional clinical	4477
counselor, independent marriage and family therapist, independent	4478
social worker, or registered nurse who holds a master's degree in	4479
psychiatric nursing.	4480

(B) A person licensed under this chapter to practice as an	4481
independent social worker may engage in the private practice of	4482
social work as an individual practitioner or as a member of a	4483
partnership or group practice.	4484

(C) A person licensed under this chapter to practice as a	4485
social worker shall not engage in the private practice of social	4486
work as an individual practitioner or as a member of a partnership	4487
or group practice. A social worker shall not engage in the	4488
practice of social work as an employee of a private individual,	4489
partnership, or group practitioner of social work unless the	4490
social worker is supervised by a psychologist, psychiatrist,	4491
licensed professional clinical counselor, independent marriage and	4492
family therapist, independent social worker, or registered nurse	4493
who holds a master's degree in psychiatric nursing.	4494

(D) A person who receives a certificate of registration to	4495
practice as a social work assistant is not authorized to engage in	4496
the practice of social work. A social work assistant, under the	4497
direct supervision of a psychologist, psychiatrist, licensed	4498
professional clinical counselor, licensed professional counselor,	4499
independent marriage and family therapist, independent social	4500
worker, social worker, or registered nurse who holds a master's	4501
degree in psychiatric nursing, may provide human, social, and	4502
community services that include intake assessment and referral,	4503
screening, crisis intervention and resolution, community support,	4504
case management and outreach, record keeping, social assessment,	4505
visual observation of an individual in the individual's	4506
environment, assistance in facilitation with groups and families,	4507
advocacy, and orientation, education, and prevention services.	4508

Sec. 4757.27.  (A) The social workers professional standards	4509
committee of the counselor, social worker, and marriage and family	4510
therapist board shall issue a license as an independent social	4511
worker to each applicant who submits a properly completed	4512
application, pays the fee established under section 4757.31 of the	4513
Revised Code, and meets the requirements specified in division (B)	4514
of this section. An independent social worker license shall	4515
clearly indicate each academic degree earned by the person to whom	4516
it has been issued.	4517

(B) To be eligible for a license as an independent social	4518
worker, an individual must meet the following requirements:	4519

(1) The individual must be of good moral character.

4520

(2) The individual must hold from an accredited educational	4521
institution a master's degree or a doctorate in social work from	4522
an educational institution accredited by the council on social	4523
work education or an educational institution in candidacy for	4524
accreditation by the council.	4525

(3) The individual must complete at least two years of	4526
post-master's degree social work experience supervised by an	4527
independent social worker.	4528

(4) The individual must pass an examination administered by	4529
the board for the purpose of determining ability to practice as an	4530
independent social worker.	4531

(C) The committee may issue a temporary license to an	4532
applicant who meets all of the requirements to be licensed under	4533
this section, pending the receipt of transcripts or action by the	4534
committee to issue a license as an independent social worker.	4535

(D) The board shall adopt any rules necessary for the	4536
committee to implement this section, including criteria for the	4537
committee to use in determining whether an applicant's training	4538
should be accepted and supervised experience approved. Rules	4539
adopted under this division shall be adopted in accordance with	4540
Chapter 119. of the Revised Code.	4541

Sec. 4757.28.  (A) The social workers professional standards	4542
committee of the counselor, social worker, and marriage and family	4543
therapist board shall issue a license as a social worker to each	4544
applicant who submits a properly completed application, pays the	4545
fee established under section 4757.31 of the Revised Code, and	4546
meets the requirements specified in division (B) of this section.	4547
A social worker license shall clearly indicate each academic	4548
degree earned by the person to whom it is issued.	4549

(B) To be eligible for a license as a social worker, an	4550
individual must meet the following requirements:	4551

(1) The individual must be of good moral character.

4552

(2) The individual must hold from an accredited educational	4553
institution one of the following:	4554

(a) A baccalaureate degree in social work or, prior to	4555
October 10, 1992, a baccalaureate degree in a program closely	4556
related to social work and approved by the committee;	4557

(b) A master's degree in social work;

4558

(c) A doctorate in social work.

4559

(3) The individual must pass an examination administered by	4560
the board for the purpose of determining ability to practice as a	4561
social worker.	4562

(C) The committee may issue a temporary license to practice	4563
as a social worker as follows:	4564

(1) To an applicant who meets all of the requirements to be	4565
licensed under this section, pending the receipt of transcripts or	4566
action by the committee to issue a license as a social worker.	4567
However, the committee may issue a temporary license;	4568

(2) For a period not to exceed ninety days, to an applicant	4569
who provides the board with a statement from the applicant's	4570
academic institution indicating that the applicant is in good	4571
standing with the institution, that the applicant has met the	4572
academic requirements for the applicant's degree, and the	4573
projected date the applicant will receive the applicant's	4574
transcript showing a conferred degree.	4575

On application to the committee, a temporary license issued	4576
under division (C)(2) of this section may be renewed for good	4577
cause shown.	4578

(D) The board shall adopt any rules necessary for the	4579
committee to implement this section, including criteria for the	4580
committee to use in determining whether an applicant's training	4581
should be accepted and supervised experience approved. Rules	4582
adopted under this division shall be adopted in accordance with	4583
Chapter 119. of the Revised Code.	4584

Sec. 4757.29. (A) The social workers professional standards	4585
committee of the counselor, social worker, and marriage and family	4586
therapist board shall issue a certificate of registration as a	4587
social work assistant to each applicant who submits a properly	4588
completed application, pays the fee established under section	4589
4757.31 of the Revised Code, is of good moral character, and holds	4590
from an accredited educational institution an associate degree in	4591
social service technology or a bachelor's degree that is	4592
equivalent to an associate degree in social service technology or	4593
a related bachelor's or higher degree that is approved by the	4594
committee.	4595

(B) On and after March 18, 1997, a counselor assistant	4596
certificate of registration issued under former section 4757.08 of	4597
the Revised Code shall be considered a certificate of registration	4598
as a social work assistant. The holder of the certificate is	4599
subject to the supervision requirements specified in section	4600
4757.26 of the Revised Code, the continuing education requirements	4601
specified in section 4757.33 of the Revised Code, and regulation	4602
by the social workers professional standards committee. On the	4603
first renewal occurring after March 18, 1997, the committee shall	4604
issue a certificate of registration as a social work assistant to	4605
each former counselor assistant who qualifies for renewal.	4606

(C) The social workers professional standards committee shall	4607
issue a certificate of registration as a social work assistant to	4608
any person who, on or before March 18, 1998, meets the	4609
requirements for a certificate of registration as a counselor	4610
assistant pursuant to division (A)(3) of former section 4757.08 of	4611
the Revised Code, submits a properly completed application, pays	4612
the fee established under section 4757.31 of the Revised Code, and	4613
is of good moral character.	4614

Sec. 4757.30.  (A) The marriage and family therapist	4615
professional standards committee of the counselor, social worker,	4616
and marriage and family therapist board shall issue a license to	4617
practice as a marriage and family therapist to a person who has	4618
done all of the following:	4619

(1) Properly completed an application for the license;

4620

(2) Paid the required fee established by the board under	4621
section 4757.31 of the Revised Code;	4622

(3) Achieved one of the following:

4623

(a) Received from an educational institution accredited at	4624
the time the degree was granted by a regional accrediting	4625
organization recognized by the board a master's degree or a	4626
doctorate in marriage and family therapy;	4627

(b) Completed a graduate degree that includes a minimum of	4628
ninety quarter hours of graduate level course work in marriage and	4629
family therapy training that is acceptable to the committee;	4630

(4) Passed an examination administered by the board for the	4631
purpose of determining the person's ability to be a marriage and	4632
family therapist;	4633

(5) Completed a practicum that includes at least three	4634
hundred hours of client contact.	4635

(B) To be accepted by the committee for purposes of division	4636
(A)(3)(b) of this section, marriage and family therapist training	4637
must include instruction in at least the following:	4638

(1) Research and evaluation;

4639

(2) Professional, legal, and ethical responsibilities;

4640

(3) Marriage and family studies;

4641

(4) Marriage and family therapy, including therapeutic theory	4642
and techniques for individuals, groups, and families;	4643

(5) Human development;

4644

(6) Appraisal of individuals and families;

4645

(7) Diagnosis of mental and emotional disorders;

4646

(8) Systems theory.

4647

(C) The marriage and family therapist professional standards	4648
committee shall issue a license to practice as an independent	4649
marriage and family therapist to a person who does both of the	4650
following:	4651

(1) Meets all of the requirements of division (A) of this	4652
section;	4653

(2) After meeting the requirements of division (A)(3) of this	4654
section, completes at least two calendar years of work experience	4655
supervised training while engaged in the practice of marriage and	4656
family therapy.	4657

The two calendar years of work experiencesupervised training	4658
must include two hundred hours of face-to-face supervision while	4659
completing a minimum of one thousand hours of documented client	4660
contact in marriage and family therapy. TwoOf the required two	4661
hundred hours of the one thousand hours must include face-to-face	4662
supervision, a minimum of one hundred hours must be individual	4663
supervision. Supervision shall be performed by a supervisor whose	4664
training and experience meets standards established by the board	4665
in rules adopted under section 4757.10 of the Revised Code and one	4666
hundred hours of the two hundred hours of supervision must be	4667
individual supervision.	4668

(D) An independent marriage and family therapist or a	4669
marriage and family therapist may engage in the private practice	4670
of marriage and family therapy as an individual practitioner or as	4671
a member of a partnership or group practice.	4672

(E) A marriage and family therapist may diagnose and treat	4673
mental and emotional disorders only under the supervision of a	4674
psychologist, psychiatrist, licensed professional clinical	4675
counselor, independent social worker, or independent marriage and	4676
family therapist. An independent marriage and family therapist may	4677
diagnose and treat mental and emotional disorders without	4678
supervision.	4679

(F) Nothing in this chapter or rules adopted under it	4680
authorizes an independent marriage and family therapist or a	4681
marriage and family therapist to admit a patient to a hospital or	4682
requires a hospital to allow a marriage and family therapist to	4683
admit a patient.	4684

(G) An independent marriage and family therapist or a	4685
marriage and family therapist may not diagnose, treat, or advise	4686
on conditions outside the recognized boundaries of the marriage	4687
and family therapist's competency. An independent marriage and	4688
family therapist or a marriage and family therapist shall make	4689
appropriate and timely referrals when a client's needs exceed the	4690
marriage and family therapist's competence level.	4691

Sec. 4757.31.  (A) Subject to division (B) of this section,	4692
the counselor, social worker, and marriage and family therapist	4693
board shall establish, and may from time to time adjust, fees to	4694
be charged for the following:	4695

(1) Examination for licensure as a licensed professional	4696
clinical counselor, licensed professional counselor, marriage and	4697
family therapist, independent marriage and family therapist,	4698
social worker, or independent social worker;	4699

(2) Initial licenses of licensed professional clinical	4700
counselors, licensed professional counselors, marriage and family	4701
therapists, independent marriage and family therapists, social	4702
workers, and independent social workers, except that the board	4703
shall charge only one fee to a person who fulfills all	4704
requirements for more than one of the following initial licenses:	4705
an initial license as a social worker or independent social	4706
worker, an initial license as a licensed professional counselor or	4707
licensed professional clinical counselor, and an initial license	4708
as a marriage and family therapist or independent marriage and	4709
family therapist;	4710

(3) Initial certificates of registration of social work	4711
assistants;	4712

(4) Renewal and late renewal of licenses of licensed	4713
professional clinical counselors, licensed professional	4714
counselors, marriage and family therapists, independent marriage	4715
and family therapists, social workers, and independent social	4716
workers and renewal and late renewal of certificates of	4717
registration of social work assistants;	4718

(5) Verification, to another jurisdiction, of a license or	4719
registration issued by the board;	4720

(6) Continuing education programs offered by the board to	4721
licensees or registrants;	4722

(7) Approval of continuing education programs;

4723

(8) Approval of continuing education providers to be	4724
authorized to offer continuing education programs without prior	4725
approval from the board for each program offered;	4726

(9) Issuance of a replacement copy of any wall certificate	4727
issued by the board;	4728

(10) Late completion of continuing counselor, social worker,	4729
or marriage and family therapy education required under section	4730
4757.33 of the Revised Code and the rules adopted under it.	4731

(B) The fees charged under division (A)(1) of this section	4732
shall be established in amounts sufficient to cover the direct	4733
expenses incurred in examining applicants for licensure. The fees	4734
charged under divisions (A)(2) to (9) of this section shall be	4735
nonrefundable and shall be established in amounts sufficient to	4736
cover the necessary expenses in administering this chapter and	4737
rules adopted under it that are not covered by fees charged under	4738
division (A)(1) or (C) of this section. The renewal fee for a	4739
license or certificate of registration shall not be less than the	4740
initial fee for that license or certificate. The fees charged for	4741
licensure and registration and the renewal of licensure and	4742
registration may differ for the various types of licensure and	4743
registration, but shall not exceed one hundred twenty-five dollars	4744
each, unless the board determines that amounts in excess of one	4745
hundred twenty-five dollars are needed to cover its necessary	4746
expenses in administering this chapter and rules adopted under it	4747
and the amounts in excess of one hundred twenty-five dollars are	4748
approved by the controlling board.	4749

(C) All receipts of the board shall be deposited in the state	4750
treasury to the credit of the occupational licensing and	4751
regulatory fund. All vouchers of the board shall be approved by	4752
the chairperson or executive director of the board, or both, as	4753
authorized by the board.	4754

Sec. 4757.321. (A) A person licensed or registered under this	4755
chapter may apply to the counselor, social worker, and marriage	4756
and family therapist board to have the person's license or	4757
registration classified as inactive. If a fee is charged under	4758
division (B) of this section, the person shall include the fee	4759
with the application. If the person's license or registration is	4760
in good standing and the person meets any other requirements	4761
established by the board in rules adopted under this section, the	4762
board shall classify the license or registration as inactive. The	4763
inactive classification shall become effective on the date	4764
immediately following the date that the person's license or	4765
registration is scheduled to expire.	4766

(B) The board may charge a fee for classifying a license or	4767
registration as inactive.	4768

(C) During the period that a license or registration is	4769
classified as inactive, the person may not engage in the practice	4770
of professional counseling, social work, or marriage and family	4771
therapy, as applicable, in this state or make any representation	4772
to the public indicating that the person is actively licensed or	4773
registered under this chapter.	4774

(D) A person whose license or registration has been	4775
classified as inactive may apply to the board to have the license	4776
or registration reactivated. The board shall reactivate the	4777
license or registration if the person meets the requirements	4778
established by the board in rules adopted under this section.	4779

(E) The board's jurisdiction to take disciplinary action	4780
under this chapter is not removed or limited when a license or	4781
registration is classified as inactive under this section.	4782

(F) The board shall adopt rules as necessary for classifying	4783
a license or registration as inactive and reactivating an inactive	4784
license or registration. The rules shall be adopted in accordance	4785
with Chapter 119. of the Revised Code.	4786

(G) This section does not apply to registration of master's	4787
level counselor trainees, social worker trainees, marriage and	4788
family therapist trainees, or continuing education providers.	4789

Sec. 4757.33.  (A) Except as provided in division (B) of this	4790
section, each person who holds a license or certificate of	4791
registration issued under this chapter shall complete during the	4792
period that the license or certificate is in effect not less than	4793
thirty clock hours of continuing professional education as a	4794
condition of receiving a renewed license or certificate. To have a	4795
lapsed license or certificate of registration restored, a person	4796
shall complete the number of hours of continuing education	4797
specified by the counselor, social worker, and marriage and family	4798
therapist board in rules it shall adopt in accordance with Chapter	4799
119. of the Revised Code.	4800

The professional standards committees of the counselor,	4801
social worker, and marriage and family therapist board shall adopt	4802
rules in accordance with Chapter 119. of the Revised Code	4803
establishing standards and procedures to be followed by the	4804
committees in conducting the continuing education approval	4805
process, which shall include registering individuals and entities	4806
to provide continuing education programs approved by the board.	4807

(B) The board may waive the continuing education requirements	4808
established under this section for persons who are unable to	4809
fulfill them because of military service, illness, residence	4810
abroad, or any other reason the committee considers acceptable.	4811

In the case of a social worker licensed by virtue of	4812
receiving, prior to October 10, 1992, a baccalaureate degree in a	4813
program closely related to social work, as a condition of the	4814
first renewal of the license, the social worker must complete at	4815
an accredited educational institution a minimum of five semester	4816
hours of social work graduate or undergraduate credit, or their	4817
equivalent, that is acceptable to the committee and includes a	4818
course in social work theory and a course in social work methods.	4819

Sec. 4757.34. Not later than ninety days after December 9,	4820
1994, theThe counselor, social worker, and marriage and family	4821
therapist board shall approve one or more continuing education	4822
courses of study that assist social workers, independent social	4823
workers, social work assistants, independent marriage and family	4824
therapists, marriage and family therapists, licensed professional	4825
clinical counselors, and licensed professional counselors in	4826
recognizing the signs of domestic violence and its relationship to	4827
child abuse. Social workers, independent social workers, social	4828
work assistants, independent marriage and family therapists,	4829
marriage and family therapists, licensed professional clinical	4830
counselors, and licensed professional counselors are not required	4831
to take the courses.	4832

Sec. 4757.36.  (A) The appropriate professional standards	4833
committee of the counselor, social worker, and marriage and family	4834
therapist board may, in accordance with Chapter 119. of the	4835
Revised Code, take any action specified in division (B) of this	4836
section for any reason described in division (C) of this section	4837
against an individual who has applied for or holds a license to	4838
practice as a professional clinical counselor, professional	4839
counselor, independent marriage and family therapist, marriage and	4840
family therapist, social worker, or independent social worker, or	4841
a certificate of registration to practice as a social work	4842
assistant, for any reason described in division (C) of this	4843
sectionissued under this chapter; a master's level counselor	4844
trainee, social worker trainee, or marriage and family therapist	4845
trainee; or an individual or entity that is registered, or has	4846
applied for registration, in accordance with rules adopted under	4847
section 4757.33 of the Revised Code to provide continuing	4848
education programs approved by the board.	4849

(B) In its imposition of sanctions against an individual or	4850
entity specified in division (A) of this section, the board may do	4851
any of the following:	4852

(1) Refuse to issue or refuse to renew a license or	4853
certificate of registration;	4854

(2) Suspend, revoke, or otherwise restrict a license or	4855
certificate of registration;	4856

(3) Reprimand an individual holding a license or certificate	4857
of registration;	4858

(4) Impose a fine in accordance with the graduated system of	4859
fines established by the board in rules adopted under section	4860
4757.10 of the Revised Code;	4861

(5) Require an individual holding a license or certificate of	4862
registration to take corrective action courses.	4863

(C) The appropriate professional standards committee of the	4864
board may take an action specified in division (B) of this section	4865
for any of the following reasons:	4866

(1) Commission of an act that violates any provision of this	4867
chapter or rules adopted under it;	4868

(2) Knowingly making a false statement on an application for	4869
licensure or registration, or for renewal of a license or	4870
certificate of registration;	4871

(3) Accepting a commission or rebate for referring persons to	4872
any professionals licensed, certified, or registered by any court	4873
or board, commission, department, division, or other agency of the	4874
state, including, but not limited to, individuals practicing	4875
counseling, social work, or marriage and family therapy or	4876
practicing in fields related to counseling, social work, or	4877
marriage and family therapy;	4878

(4) A failure to comply with section 4757.124757.13 of the	4879
Revised Code;	4880

(5) A conviction in this or any other state of a crime that	4881
is a felony in this state;	4882

(6) A failure to perform properly as a licensed professional	4883
clinical counselor, licensed professional counselor, independent	4884
marriage and family therapist, marriage and family therapist,	4885
social work assistant, social worker, or independent social worker	4886
due to the use of alcohol or other drugs or any other physical or	4887
mental condition;	4888

(7) A conviction in this state or in any other state of a	4889
misdemeanor committed in the course of practice as a licensed	4890
professional clinical counselor, licensed professional counselor,	4891
independent marriage and family therapist, marriage and family	4892
therapist, social work assistant, social worker, or independent	4893
social worker;	4894

(8) Practicing outside the scope of practice applicable to	4895
that person;	4896

(9) Practicing in violation of the supervision requirements	4897
specified under sections 4757.21 and 4757.26, and division (E) of	4898
section 4757.30, of the Revised Code;	4899

(10) A violation of the person's code of ethical practice	4900
adopted by rule of the board pursuant to section 4757.11 of the	4901
Revised Code;	4902

(11) Revocation or suspension of a license or certificate of	4903
registration, other disciplinary action against a license holder	4904
or registration, or the voluntary surrender of a license or	4905
certificate of registration in another state or jurisdiction for	4906
an offense that would be a violation of this chapter.	4907

(D) A disciplinary action under division (B) of this section	4908
shall be taken pursuant to an adjudication under Chapter 119. of	4909
the Revised Code, except that in lieu of an adjudication, the	4910
appropriate professional standards committee may enter into a	4911
consent agreement with an individual or entity specified in	4912
division (A) of this section to resolve an allegation of a	4913
violation of this chapter or any rule adopted under it. A consent	4914
agreement, when ratified by the appropriate professional standards	4915
committee, constitutes the findings and order of the board with	4916
respect to the matter addressed in the agreement. If a committee	4917
refuses to ratify a consent agreement, the admissions and findings	4918
contained in the consent agreement are of no force or effect.	4919

(E) In any instance in which a professional standards	4920
committee of the board is required by Chapter 119. of the Revised	4921
Code to give notice of the opportunity for a hearing and the	4922
individual or entity subject to the notice does not timely request	4923
a hearing in accordance with section 119.07 of the Revised Code,	4924
the committee may adopt a final order that contains the board's	4925
findings. In that final order, the committee may order any of the	4926
sanctions identified in division (B) of this section.	4927

(F) One year or more after the date of suspension or	4928
revocation of a license or certificate of registration under this	4929
section, application may be made to the appropriate professional	4930
standards committee for reinstatement. The committee may accept	4931
approve or refusedeny an application for reinstatement. If a	4932
license has been suspended or revoked, the committee may require	4933
an examination for reinstatement.	4934

(E)(G) On request of the board, the attorney general shall	4935
bring and prosecute to judgment a civil action to collect any fine	4936
imposed under division (B)(4) of this section that remains unpaid.	4937

(F)(H) All fines collected under division (B)(4) of this	4938
section shall be deposited into the state treasury to the credit	4939
of the occupational licensing and regulatory fund.	4940

Sec. 4757.37.  (A) An individual whom the counselor, social	4941
worker, and marriage and family therapist board licenses,	4942
certificates, or otherwise legally authorizes to engage in the	4943
practice of professional counseling, social work, or marriage and	4944
family therapy may render the professional services of a licensed	4945
professional clinical counselor, licensed professional counselor,	4946
independent social worker, social worker, independent marriage and	4947
family therapist, or marriage and family therapist within this	4948
state through a corporation formed under division (B) of section	4949
1701.03 of the Revised Code, a limited liability company formed	4950
under Chapter 1705. of the Revised Code, a partnership, or a	4951
professional association formed under Chapter 1785. of the Revised	4952
Code. This division does not preclude such an individual from	4953
rendering professional services as a licensed professional	4954
clinical counselor, licensed professional counselor, independent	4955
social worker, social worker, independent marriage and family	4956
therapist, or marriage and family therapist through another form	4957
of business entity, including, but not limited to, a nonprofit	4958
corporation or foundation, or in another manner that is authorized	4959
by or in accordance with this chapter, another chapter of the	4960
Revised Code, or rules of the counselor, social worker, and	4961
marriage and family therapist board adopted pursuant to this	4962
chapter.	4963

(B) A corporation, limited liability company, partnership, or	4964
professional association described in division (A) of this section	4965
may be formed for the purpose of providing a combination of the	4966
professional services of the following individuals who are	4967
licensed, certificated, or otherwise legally authorized to	4968
practice their respective professions:	4969

(1) Optometrists who are authorized to practice optometry	4970
under Chapter 4725. of the Revised Code;	4971

(2) Chiropractors who are authorized to practice chiropractic	4972
or acupuncture under Chapter 4734. of the Revised Code;	4973

(3) Psychologists who are authorized to practice psychology	4974
under Chapter 4732. of the Revised Code;	4975

(4) Registered or licensed practical nurses who are	4976
authorized to practice nursing as registered nurses or as licensed	4977
practical nurses under Chapter 4723. of the Revised Code;	4978

(5) Pharmacists who are authorized to practice pharmacy under	4979
Chapter 4729. of the Revised Code;	4980

(6) Physical therapists who are authorized to practice	4981
physical therapy under sections 4755.40 to 4755.56 of the Revised	4982
Code;	4983

(7) Occupational therapists who are authorized to practice	4984
occupational therapy under sections 4755.04 to 4755.13 of the	4985
Revised Code;	4986

(8) Mechanotherapists who are authorized to practice	4987
mechanotherapy under section 4731.151 of the Revised Code;	4988

(9) Doctors of medicine and surgery, osteopathic medicine and	4989
surgery, or podiatric medicine and surgery who are authorized for	4990
their respective practices under Chapter 4731. of the Revised	4991
Code;	4992

(10) Licensed professional clinical counselors, licensed	4993
professional counselors, independent social workers, social	4994
workers, independent marriage and family therapists, or marriage	4995
and family therapists who are authorized for their respective	4996
practices under this chapter.	4997

This division applies notwithstanding a provision of a code	4998
of ethics applicable to an individual who is a licensed	4999
professional clinical counselor, licensed professional counselor,	5000
independent social worker, social worker, independent marriage and	5001
family therapist, or marriage and family therapist that prohibits	5002
the individual from engaging in the individual's practice in	5003
combination with a person who is licensed, certificated, or	5004
otherwise legally authorized to practice optometry, chiropractic,	5005
acupuncture through the state chiropractic board, psychology,	5006
nursing, pharmacy, physical therapy, occupational therapy,	5007
mechanotherapy, medicine and surgery, osteopathic medicine and	5008
surgery, or podiatric medicine and surgery, but who is not also	5009
licensed, certificated, or otherwise legally authorized to engage	5010
in the practice of professional counseling, social work, or	5011
marriage and family therapy.	5012

Sec. 4757.38. (A) The counselor, social worker, and marriage	5013
and family therapist board shall investigate alleged violations of	5014
this chapter or the rules adopted under it and alleged	5015
irregularities in the delivery of services related to professional	5016
counseling, social work, or marriage and family therapy by persons	5017
licensed or registered under this chapter. As part of its conduct	5018
of an investigation, the board may issue subpoenas, examine	5019
witnesses, and administer oaths.	5020

(B) All of the following apply under this chapter with	5021
respect to the confidentiality of information:	5022

(1) Information received by the board pursuant to a complaint	5023
or an investigation is confidential and not subject to discovery	5024
in any civil action, except that the board may disclose	5025
information to law enforcement officers and government entities	5026
for purposes of an investigation of either an individual who holds	5027
a license or certificate of registration issued under this chapter	5028
or an individual or entity that may have engaged in the	5029
unauthorized practice of professional counseling, social work, or	5030
marriage and family therapy. No law enforcement officer or	5031
government entity with knowledge of any information disclosed by	5032
the board pursuant to this division shall divulge the information	5033
to any other person or government entity except for the purpose of	5034
a government investigation, a prosecution, or an adjudication by a	5035
court or government entity.	5036

(2) If an investigation requires a review of patient records,	5037
the investigation and proceeding shall be conducted in such a	5038
manner as to protect patient confidentiality.	5039

(3) All adjudications and investigations of the board are	5040
civil actions for the purposes of section 2305.252 of the Revised	5041
Code.	5042

(4) Any board activity that involves continued monitoring of	5043
an individual as part of or following any disciplinary action	5044
taken under section 4755.36 of the Revised Code shall be conducted	5045
in a manner that maintains the individual's confidentiality.	5046
Information received or maintained by the board with respect to	5047
the board's monitoring activities is not subject to discovery in	5048
any civil action and is confidential, except that the board may	5049
disclose information to law enforcement officers and government	5050
entities for purposes of an investigation of an individual holding	5051
a license or certificate of registration issued under this	5052
chapter.	5053

(C) The board may receive any information necessary to	5054
conduct an investigation under this section. If the board is	5055
investigating the provision of services to a couple or group, it	5056
is not necessary for both members of the couple or all members of	5057
the group to consent to the release of information relevant to the	5058
investigation.	5059

(D) The board shall ensure that all records it holds	5060
pertaining to an investigation remain confidential. The board	5061
shall adopt rules establishing procedures to be followed in	5062
maintaining the confidentiality of its investigative records. The	5063
rules shall be adopted in accordance with Chapter 119. of the	5064
Revised Code.	5065

Sec. 4757.41.  (A) This chapter shall not apply to the	5066
following:	5067

(1) A person certified by the state board of education under	5068
Chapter 3319. of the Revised Code while performing any services	5069
within the person's scope of employment by a board of education or	5070
by a private school meeting the standards prescribed by the state	5071
board of education under division (D) of section 3301.07 of the	5072
Revised Code or in a program operated under Chapter 5126. of the	5073
Revised Code for training individuals with mental retardation or	5074
other developmental disabilities;	5075

(2) Psychologists or school psychologists licensed under	5076
Chapter 4732. of the Revised Code;	5077

(3) Members of other professions licensed, certified, or	5078
registered by this state while performing services within the	5079
recognized scope, standards, and ethics of their respective	5080
professions;	5081

(4) Rabbis, priests, Christian science practitioners, clergy,	5082
or members of religious orders and other individuals participating	5083
with them in pastoral counseling when the counseling activities	5084
are within the scope of the performance of their regular or	5085
specialized ministerial duties and are performed under the	5086
auspices or sponsorship of an established and legally cognizable	5087
church, denomination, or sect or an integrated auxiliary of a	5088
church as defined in federal tax regulations, paragraph (g)(5) of	5089
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	5090
service remains accountable to the established authority of that	5091
church, denomination, sect, or integrated auxiliary;	5092

(5) Any person who is not licensed under this chapter as a	5093
licensed professional clinical counselor, licensed professional	5094
counselor, independent social worker, or social worker and is	5095
employed in the civil service as defined in section 124.01 of the	5096
Revised Code while engaging in social work or professional	5097
counseling or social work as a civil service employee, if on the	5098
effective date of this amendment the person has at least two years	5099
of service in that capacity;	5100

(6) A student in an accredited educational institution while	5101
carrying out activities that are part of the student's prescribed	5102
course of study if the activities are supervised as required by	5103
the educational institution and if the student does not hold	5104
herself or himself out as a person licensed or registered under	5105
this chapter;	5106

(7) Individuals who hold a license or certificate under	5107
Chapter 4758. of the Revised Code who are acting within the scope	5108
of their license or certificate as members of the profession of	5109
chemical dependency counseling or alcohol and other drug	5110
prevention services;	5111

(8) Any person employed by the American red cross while	5112
engaging in activities relating to services for military families	5113
and veterans and disaster relief, as described in the "American	5114
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	5115
amended;	5116

(9) Members of labor organizations who hold union counselor	5117
certificates while performing services in their official capacity	5118
as union counselors;	5119

(10) Any person employed in a hospital as defined in section	5120
3727.01 of the Revised Code or in a nursing home as defined in	5121
section 3721.01 of the Revised Code while providing as a hospital	5122
employee or nursing home employee, respectively, social services	5123
other than counseling and the use of psychosocial interventions	5124
and social psychotherapy;	5125

(11) A vocational rehabilitation professional who is	5126
providing rehabilitation services to individuals under section	5127
3304.17 of the Revised Code, or holds certification by the	5128
commission on rehabilitation counselor certification and is	5129
providing rehabilitation counseling services consistent with the	5130
commission's standards;	5131

(12) A caseworker not licensed under this chapter as an	5132
independent social worker or social worker who is employed by a	5133
public children services agency under section 5153.112 of the	5134
Revised Code.	5135

(B) Divisions (A)(5), (8), and (10) of this section do not	5136
prevent a person described in those divisions from obtaining a	5137
license or certificate of registration under this chapter.	5138

(C) Except as provided in divisions (A) and (D) of this	5139
section, no employee in the service of the state, including public	5140
employees as defined by Chapter 4117. of the Revised Code, shall	5141
engage in the practice of professional counseling, social work, or	5142
marriage and family therapy without the appropriate license issued	5143
by the board. Failure to comply with this division constitutes	5144
nonfeasance under section 124.34 of the Revised Code or just cause	5145
under a collective bargaining agreement. Nothing in this division	5146
restricts the director of administrative services from developing	5147
new classifications related to this division or from reassigning	5148
affected employees to appropriate classifications based on the	5149
employee's duties and qualifications.	5150

(D) Except as provided in division (A) of this section, an	5151
employee who was engaged in the practice of professional	5152
counseling, social work, or marriage and family therapy in the	5153
service of the state prior to the effective date of this	5154
amendment, including public employees as defined by Chapter 4117.	5155
of the Revised Code, shall comply with division (C) of this	5156
section within two years after the effective date of this	5157
amendment. Any such employee who fails to comply shall be removed	5158
from employment.	5159

(E) Nothing in this chapter prevents a public children	5160
services agency from employing as a caseworker a person not	5161
licensed under this chapter as an independent social worker or	5162
social worker who has the qualifications specified in section	5163
5153.112 of the Revised Code.	5164

Sec. 4757.43.  Nothing in this chapter or the rules adopted	5165
under it shall be construed as authorizing a licensed professional	5166
clinical counselor, licensed professional counselor, independent	5167
marriage and family therapist, marriage and family therapist,	5168
independent social worker, social worker, or social work assistant	5169
to admit a patient to a hospital or as requiring a hospital to	5170
allow any of those individuals to admit a patient.	5171

Sec. 4758.40. An individual seeking an independent chemical	5172
dependency counselor license shall meet the requirements of	5173
division (A) or (B) of this section.	5174

(A) To meet the requirements of this division, an individual	5175
must meet all of the following requirements:	5176

(1) Hold from an accredited educational institution at least	5177
a master's degree in a behavioral science or nursing that meets	5178
the course requirements specified in rules adopted under section	5179
4758.20 of the Revised Code;	5180

(2) Have not less than two thousand hours of compensated work	5181
or supervised internship experience in any of the following, not	5182
less than four hundred hours of which are in chemical dependency	5183
counseling:	5184

(a) Chemical dependency services, substance abuse services,	5185
or both types of services;	5186

(b) The practice of psychology, as defined in section 4732.01	5187
of the Revised Code;	5188

(c) The practice of professional counseling, the practice of	5189
social work, or the practice of marriage and family therapy, all	5190
as defined in section 4757.01 of the Revised Code.	5191

(3) Have a minimum of one hundred eighty hours of training in	5192
chemical dependency that meets the requirements specified in rules	5193
adopted under section 4758.20 of the Revised Code;	5194

(4) Unless the individual holds a valid license,	5195
registration, certificate, or credentials issued under another	5196
chapter of the Revised Code that authorizes the individual to	5197
engage in a profession whose scope of practice includes chemical	5198
dependency counseling and diagnosing and treating chemical	5199
dependency conditions, pass one or more examinations administered	5200
pursuant to section 4758.22 of the Revised Code for the purpose of	5201
determining competence to practice as an independent chemical	5202
dependency counselor.	5203

(B) To meet the requirements of this division, an individual	5204
must meet both of the following requirements:	5205

(1) Hold, on December 23, 2002, a certificate or credentials	5206
that were accepted under former section 3793.07 of the Revised	5207
Code as authority to practice as a certified chemical dependency	5208
counselor III or certified chemical dependency counselor III-E;	5209

(2) Meet one of the following requirements:

5210

(a) Hold the degree described in division (A)(1) of this	5211
section;	5212

(b) Have held a chemical dependency counselor III, II, or I	5213
certificate for at least eight consecutive years and have not less	5214
than forty clock hours of training on the version of the	5215
diagnostic and statistical manual of mental disorders that is	5216
current at the time of the training. The training must meet the	5217
requirements specified in rules adopted under section 4758.20 of	5218
the Revised Code. An individual authorized under Chapter 4731. of	5219
the Revised Code to practice medicine and surgery or osteopathic	5220
medicine and surgery, a psychologist licensed under Chapter 4732.	5221
of the Revised Code, or a licensed professional clinical counselor	5222
or independent social worker licensed under Chapter 4757. of the	5223
Revised Code may provide any portion of the training. An	5224
independent chemical dependency counselor licensed under this	5225
chapter who holds the degree described in division (A)(1) of this	5226
section may provide the portion of the training on chemical	5227
dependency conditions.	5228

Sec. 4758.41. An individual seeking a chemical dependency	5229
counselor III license shall meet the requirements of division (A),	5230
(B), or (C) of this section.	5231

(A) To meet the requirements of this division, an individual	5232
must meet all of the following requirements:	5233

(1) Hold from an accredited educational institution at least	5234
a bachelor's degree in a behavioral science or nursing that meets	5235
the course requirements specified in rules adopted under section	5236
4758.20 of the Revised Code;	5237

(2) Have not less than two thousand hours of compensated work	5238
or supervised internship experience in any of the following, not	5239
less than four hundred hours of which are in chemical dependency	5240
counseling:	5241

(a) Chemical dependency services, substance abuse services,	5242
or both types of services;	5243

(b) The practice of psychology, as defined in section 4732.01	5244
of the Revised Code;	5245

(c) The practice of professional counseling, the practice of	5246
social work, or the practice of marriage and family therapy, all	5247
as defined in section 4757.01 of the Revised Code.	5248

(3) Have a minimum of one hundred eighty hours of training in	5249
chemical dependency that meets the requirements specified in rules	5250
adopted under section 4758.20 of the Revised Code;	5251

(4) Unless the individual holds a valid license,	5252
registration, certificate, or credentials issued under another	5253
chapter of the Revised Code that authorizes the individual to	5254
engage in a profession whose scope of practice includes chemical	5255
dependency counseling and diagnosing and treating chemical	5256
dependency conditions, pass one or more examinations administered	5257
pursuant to section 4758.22 of the Revised Code for the purpose of	5258
determining competence to practice as a chemical dependency	5259
counselor III.	5260

(B) To meet the requirements of this division, an individual	5261
must meet both of the following requirements:	5262

(1) Hold, on December 23, 2002, a certificate or credentials	5263
that were accepted under former section 3793.07 of the Revised	5264
Code as authority to practice as a certified chemical dependency	5265
counselor III or certified chemical dependency counselor III-E;	5266

(2) Have not less than forty clock hours of training on the	5267
version of the diagnostic and statistical manual of mental	5268
disorders that is current at the time of the training. The	5269
training must meet the requirements specified in rules adopted	5270
under section 4758.20 of the Revised Code. An individual	5271
authorized under Chapter 4731. of the Revised Code to practice	5272
medicine and surgery or osteopathic medicine and surgery, a	5273
psychologist licensed under Chapter 4732. of the Revised Code, or	5274
a licensed professional clinical counselor or independent social	5275
worker licensed under Chapter 4757. of the Revised Code may	5276
provide any portion of the training. An independent chemical	5277
dependency counselor licensed under this chapter who holds the	5278
degree described in division (A)(1) of section 4758.40 of the	5279
Revised Code may provide the portion of the training on chemical	5280
dependency conditions.	5281

(C) To meet the requirements of this division, an individual	5282
must meet all of the following requirements:	5283

(1) Hold, on December 23, 2002, a certificate or credentials	5284
that were accepted under former section 3793.07 of the Revised	5285
Code as authority to practice as a certified chemical dependency	5286
counselor II;	5287

(2) Meet the requirement of division (B)(2) of this section;

5288

(3) Hold a bachelor's degree in a behavioral science.

5289

Sec. 4758.55.  In addition to practicing chemical dependency	5290
counseling, an individual holding a valid independent chemical	5291
dependency counselor license may do all of the following:	5292

(A) Diagnose and treat chemical dependency conditions;

5293

(B) Perform treatment planning, assessment, crisis	5294
intervention, individual and group counseling, case management,	5295
and education services as they relate to abuse of and dependency	5296
on alcohol and other drugs;	5297

(C) Provide clinical supervision of chemical dependency	5298
counseling under the supervision of any of the following:	5299

(1) An independent chemical dependency counselor-clinical	5300
supervisor licensed under this chapter;	5301

(2) An individual authorized under Chapter 4731. of the	5302
Revised Code to practice medicine and surgery or osteopathic	5303
medicine and surgery;	5304

(3) A psychologist licensed under Chapter 4732. of the	5305
Revised Code;	5306

(4) A registered nurse licensed under Chapter 4723. of the	5307
Revised Code or licensed professional clinical counselor,	5308
independent social worker, or independent marriage and family	5309
therapist licensed under Chapter 4757. of the Revised Code if such	5310
supervision is consistent with the scope of practice of the	5311
registered nurse, licensed professional clinical counselor,	5312
independent social worker, or independent marriage and family	5313
therapist.	5314

(D) Refer individuals with nonchemical dependency conditions	5315
to appropriate sources of help.	5316

Sec. 4758.561. Any of the following professionals may	5317
supervise a chemical dependency counselor III for purposes of	5318
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	5319

(A) An independent chemical dependency counselor-clinical	5320
supervisor licensed under this chapter;	5321

(B) An individual authorized under Chapter 4731. of the	5322
Revised Code to practice medicine and surgery or osteopathic	5323
medicine and surgery;	5324

(C) A psychologist licensed under Chapter 4732. of the	5325
Revised Code;	5326

(D) A registered nurse licensed under Chapter 4723. of the	5327
Revised Code or licensed professional clinical counselor,	5328
independent social worker, or independent marriage and family	5329
therapist licensed under Chapter 4757. of the Revised Code if such	5330
supervision is consistent with the scope of practice of the	5331
registered nurse, licensed professional clinical counselor,	5332
independent social worker, or independent marriage and family	5333
therapist.	5334

Sec. 4758.59. (A) Subject to division (B) of this section, an	5335
individual holding a valid chemical dependency counselor assistant	5336
certificate may do both of the following in addition to practicing	5337
chemical dependency counseling:	5338

(1) Perform treatment planning, assessment, crisis	5339
intervention, individual and group counseling, case management,	5340
and education services as they relate to abuse of or dependency on	5341
alcohol and other drugs;	5342

(2) Refer individuals with nonchemical dependency conditions	5343
to appropriate sources of help.	5344

(B) An individual holding a valid chemical dependency	5345
counselor assistant certificate may practice chemical dependency	5346
counseling and perform the tasks specified in division (A) of this	5347
section only while under the supervision of any of the following:	5348

(1) An independent chemical dependency counselor-clinical	5349
supervisor, independent chemical dependency counselor, or chemical	5350
dependency counselor III licensed under this chapter;	5351

(2) An individual authorized under Chapter 4731. of the	5352
Revised Code to practice medicine and surgery or osteopathic	5353
medicine and surgery;	5354

(3) A psychologist licensed under Chapter 4732. of the	5355
Revised Code;	5356

(4) A registered nurse licensed under Chapter 4723. of the	5357
Revised Code or licensed professional clinical counselor,	5358
independent social worker, or independent marriage and family	5359
therapist licensed under Chapter 4757. of the Revised Code if such	5360
supervision is consistent with the scope of practice of the	5361
registered nurse, licensed professional clinical counselor,	5362
independent social worker, or independent marriage and family	5363
therapist.	5364

(C) A chemical dependency counselor assistant may not	5365
practice as an individual practitioner.	5366

Sec. 4758.61. An individual who holds a valid prevention	5367
specialist assistant certificate or registered applicant	5368
certificate issued under this chapter may engage in the practice	5369
of alcohol and other drug prevention services under the	5370
supervision of any of the following:	5371

(A) A prevention specialist II or prevention specialist I	5372
certified under this chapter;	5373

(B) An independent chemical dependency counselor-clinical	5374
supervisor, an independent chemical dependency counselor, or a	5375
chemical dependency counselor III licensed under this chapter;	5376

(C) An individual authorized under Chapter 4731. of the	5377
Revised Code to practice medicine and surgery or osteopathic	5378
medicine and surgery;	5379

(D) A psychologist licensed under Chapter 4732. of the	5380
Revised Code;	5381

(E) A registered nurse licensed under Chapter 4723. of the	5382
Revised Code;	5383

(F) A licensed professional clinical counselor, a licensed	5384
professional counselor, an independent social worker, a social	5385
worker, an independent marriage and family therapist, or a	5386
marriage and family therapist licensed under Chapter 4757. of the	5387
Revised Code;	5388

(G) A school counselor licensed by the department of	5389
education pursuant to section 3319.22 of the Revised Code;	5390

(H) A health education specialist certified by the national	5391
commission for health education credentialing.	5392

Sec. 4769.01.  As used in this chapter:

5393

(A) "Medicare" means the program established by Title XVIII	5394
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	5395
301, as amended.	5396

(B) "Balance billing" means charging or collecting from a	5397
medicare beneficiary an amount in excess of the medicare	5398
reimbursement rate for medicare-covered services or supplies	5399
provided to a medicare beneficiary, except when medicare is the	5400
secondary insurer. When medicare is the secondary insurer, the	5401
health care practitioner may pursue full reimbursement under the	5402
terms and conditions of the primary coverage and, if applicable,	5403
the charge allowed under the terms and conditions of the	5404
appropriate provider contract, from the primary insurer, but the	5405
medicare beneficiary cannot be balance billed above the medicare	5406
reimbursement rate for a medicare-covered service or supply.	5407
"Balance billing" does not include charging or collecting	5408
deductibles or coinsurance required by the program.	5409

(C) "Health care practitioner" means all of the following:

5410

(1) A dentist or dental hygienist licensed under Chapter	5411
4715. of the Revised Code;	5412

(2) A registered or licensed practical nurse licensed under	5413
Chapter 4723. of the Revised Code;	5414

(3) An optometrist licensed under Chapter 4725. of the	5415
Revised Code;	5416

(4) A dispensing optician, spectacle dispensing optician,	5417
contact lens dispensing optician, or spectacle-contact lens	5418
dispensing optician licensed under Chapter 4725. of the Revised	5419
Code;	5420

(5) A pharmacist licensed under Chapter 4729. of the Revised	5421
Code;	5422

(6) A physician authorized under Chapter 4731. of the Revised	5423
Code to practice medicine and surgery, osteopathic medicine and	5424
surgery, or podiatry;	5425

(7) A physician assistant authorized under Chapter 4730. of	5426
the Revised Code to practice as a physician assistant;	5427

(8) A practitioner of a limited branch of medicine issued a	5428
certificate under Chapter 4731. of the Revised Code;	5429

(9) A psychologist licensed under Chapter 4732. of the	5430
Revised Code;	5431

(10) A chiropractor licensed under Chapter 4734. of the	5432
Revised Code;	5433

(11) A hearing aid dealer or fitter licensed under Chapter	5434
4747. of the Revised Code;	5435

(12) A speech-language pathologist or audiologist licensed	5436
under Chapter 4753. of the Revised Code;	5437

(13) An occupational therapist or occupational therapy	5438
assistant licensed under Chapter 4755. of the Revised Code;	5439

(14) A physical therapist or physical therapy assistant	5440
licensed under Chapter 4755. of the Revised Code;	5441

(15) A licensed professional clinical counselor, licensed	5442
professional counselor, social worker, or independent social	5443
worker licensed, or a social work assistant registered, under	5444
Chapter 4757. of the Revised Code;	5445

(16) A dietitian licensed under Chapter 4759. of the Revised	5446
Code;	5447

(17) A respiratory care professional licensed under Chapter	5448
4761. of the Revised Code;	5449

(18) An emergency medical technician-basic, emergency medical	5450
technician-intermediate, or emergency medical technician-paramedic	5451
certified under Chapter 4765. of the Revised Code.	5452

Sec. 5101.61.  (A) As used in this section:

5453

(1) "Senior service provider" means any person who provides	5454
care or services to a person who is an adult as defined in	5455
division (B) of section 5101.60 of the Revised Code.	5456

(2) "Ambulatory health facility" means a nonprofit, public or	5457
proprietary freestanding organization or a unit of such an agency	5458
or organization that:	5459

(a) Provides preventive, diagnostic, therapeutic,	5460
rehabilitative, or palliative items or services furnished to an	5461
outpatient or ambulatory patient, by or under the direction of a	5462
physician or dentist in a facility which is not a part of a	5463
hospital, but which is organized and operated to provide medical	5464
care to outpatients;	5465

(b) Has health and medical care policies which are developed	5466
with the advice of, and with the provision of review of such	5467
policies, an advisory committee of professional personnel,	5468
including one or more physicians, one or more dentists, if dental	5469
care is provided, and one or more registered nurses;	5470

(c) Has a medical director, a dental director, if dental care	5471
is provided, and a nursing director responsible for the execution	5472
of such policies, and has physicians, dentists, nursing, and	5473
ancillary staff appropriate to the scope of services provided;	5474

(d) Requires that the health care and medical care of every	5475
patient be under the supervision of a physician, provides for	5476
medical care in a case of emergency, has in effect a written	5477
agreement with one or more hospitals and other centers or clinics,	5478
and has an established patient referral system to other resources,	5479
and a utilization review plan and program;	5480

(e) Maintains clinical records on all patients;

5481

(f) Provides nursing services and other therapeutic services	5482
in accordance with programs and policies, with such services	5483
supervised by a registered professional nurse, and has a	5484
registered professional nurse on duty at all times of clinical	5485
operations;	5486

(g) Provides approved methods and procedures for the	5487
dispensing and administration of drugs and biologicals;	5488

(h) Has established an accounting and record keeping system	5489
to determine reasonable and allowable costs;	5490

(i) "Ambulatory health facilities" also includes an	5491
alcoholism treatment facility approved by the joint commission on	5492
accreditation of healthcare organizations as an alcoholism	5493
treatment facility or certified by the department of mental health	5494
and addiction services, and such facility shall comply with other	5495
provisions of this division not inconsistent with such	5496
accreditation or certification.	5497

(3) "Community mental health facility" means a facility which	5498
provides community mental health services and is included in the	5499
comprehensive mental health plan for the alcohol, drug addiction,	5500
and mental health service district in which it is located.	5501

(4) "Community mental health service" means services, other	5502
than inpatient services, provided by a community mental health	5503
facility.	5504

(5) "Home health agency" means an institution or a distinct	5505
part of an institution operated in this state which:	5506

(a) Is primarily engaged in providing home health services;

5507

(b) Has home health policies which are established by a group	5508
of professional personnel, including one or more duly licensed	5509
doctors of medicine or osteopathy and one or more registered	5510
professional nurses, to govern the home health services it	5511
provides and which includes a requirement that every patient must	5512
be under the care of a duly licensed doctor of medicine or	5513
osteopathy;	5514

(c) Is under the supervision of a duly licensed doctor of	5515
medicine or doctor of osteopathy or a registered professional	5516
nurse who is responsible for the execution of such home health	5517
policies;	5518

(d) Maintains comprehensive records on all patients;

5519

(e) Is operated by the state, a political subdivision, or an	5520
agency of either, or is operated not for profit in this state and	5521
is licensed or registered, if required, pursuant to law by the	5522
appropriate department of the state, county, or municipality in	5523
which it furnishes services; or is operated for profit in this	5524
state, meets all the requirements specified in divisions (A)(5)(a)	5525
to (d) of this section, and is certified under Title XVIII of the	5526
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	5527
amended.	5528

(6) "Home health service" means the following items and	5529
services, provided, except as provided in division (A)(6)(g) of	5530
this section, on a visiting basis in a place of residence used as	5531
the patient's home:	5532

(a) Nursing care provided by or under the supervision of a	5533
registered professional nurse;	5534

(b) Physical, occupational, or speech therapy ordered by the	5535
patient's attending physician;	5536

(c) Medical social services performed by or under the	5537
supervision of a qualified medical or psychiatric social worker	5538
and under the direction of the patient's attending physician;	5539

(d) Personal health care of the patient performed by aides in	5540
accordance with the orders of a doctor of medicine or osteopathy	5541
and under the supervision of a registered professional nurse;	5542

(e) Medical supplies and the use of medical appliances;

5543

(f) Medical services of interns and residents-in-training	5544
under an approved teaching program of a nonprofit hospital and	5545
under the direction and supervision of the patient's attending	5546
physician;	5547

(g) Any of the foregoing items and services which:

5548

(i) Are provided on an outpatient basis under arrangements	5549
made by the home health agency at a hospital or skilled nursing	5550
facility;	5551

(ii) Involve the use of equipment of such a nature that the	5552
items and services cannot readily be made available to the patient	5553
in the patient's place of residence, or which are furnished at the	5554
hospital or skilled nursing facility while the patient is there to	5555
receive any item or service involving the use of such equipment.	5556

Any attorney, physician, osteopath, podiatrist, chiropractor,	5557
dentist, psychologist, any employee of a hospital as defined in	5558
section 3701.01 of the Revised Code, any nurse licensed under	5559
Chapter 4723. of the Revised Code, any employee of an ambulatory	5560
health facility, any employee of a home health agency, any	5561
employee of a residential facility licensed under section 5119.34	5562
of the Revised Code that provides accommodations, supervision, and	5563
personal care services for three to sixteen unrelated adults, any	5564
employee of a nursing home, residential care facility, or home for	5565
the aging, as defined in section 3721.01 of the Revised Code, any	5566
senior service provider, any peace officer, coroner, member of the	5567
clergy, any employee of a community mental health facility, and	5568
any person engaged in professional counseling, social work or	5569
counseling, or marriage and family therapy having reasonable cause	5570
to believe that an adult is being abused, neglected, or exploited,	5571
or is in a condition which is the result of abuse, neglect, or	5572
exploitation shall immediately report such belief to the county	5573
department of job and family services. This section does not apply	5574
to employees of any hospital or public hospital as defined in	5575
section 5122.01 of the Revised Code.	5576

(B) Any person having reasonable cause to believe that an	5577
adult has suffered abuse, neglect, or exploitation may report, or	5578
cause reports to be made of such belief to the department.	5579

(C) The reports made under this section shall be made orally	5580
or in writing except that oral reports shall be followed by a	5581
written report if a written report is requested by the department.	5582
Written reports shall include:	5583

(1) The name, address, and approximate age of the adult who	5584
is the subject of the report;	5585

(2) The name and address of the individual responsible for	5586
the adult's care, if any individual is, and if the individual is	5587
known;	5588

(3) The nature and extent of the alleged abuse, neglect, or	5589
exploitation of the adult;	5590

(4) The basis of the reporter's belief that the adult has	5591
been abused, neglected, or exploited.	5592

(D) Any person with reasonable cause to believe that an adult	5593
is suffering abuse, neglect, or exploitation who makes a report	5594
pursuant to this section or who testifies in any administrative or	5595
judicial proceeding arising from such a report, or any employee of	5596
the state or any of its subdivisions who is discharging	5597
responsibilities under section 5101.62 of the Revised Code shall	5598
be immune from civil or criminal liability on account of such	5599
investigation, report, or testimony, except liability for perjury,	5600
unless the person has acted in bad faith or with malicious	5601
purpose.	5602

(E) No employer or any other person with the authority to do	5603
so shall discharge, demote, transfer, prepare a negative work	5604
performance evaluation, or reduce benefits, pay, or work	5605
privileges, or take any other action detrimental to an employee or	5606
in any way retaliate against an employee as a result of the	5607
employee's having filed a report under this section.	5608

(F) Neither the written or oral report provided for in this	5609
section nor the investigatory report provided for in section	5610
5101.62 of the Revised Code shall be considered a public record as	5611
defined in section 149.43 of the Revised Code. Information	5612
contained in the report shall upon request be made available to	5613
the adult who is the subject of the report, to agencies authorized	5614
by the department to receive information contained in the report,	5615
and to legal counsel for the adult.	5616

Sec. 5123.61.  (A) As used in this section:

5617

(1) "Law enforcement agency" means the state highway patrol,	5618
the police department of a municipal corporation, or a county	5619
sheriff.	5620

(2) "Abuse" has the same meaning as in section 5123.50 of the	5621
Revised Code, except that it includes a misappropriation, as	5622
defined in that section.	5623

(3) "Neglect" has the same meaning as in section 5123.50 of	5624
the Revised Code.	5625

(B) The department of developmental disabilities shall	5626
establish a registry office for the purpose of maintaining reports	5627
of abuse, neglect, and other major unusual incidents made to the	5628
department under this section and reports received from county	5629
boards of developmental disabilities under section 5126.31 of the	5630
Revised Code. The department shall establish committees to review	5631
reports of abuse, neglect, and other major unusual incidents.	5632

(C)(1) Any person listed in division (C)(2) of this section,	5633
having reason to believe that a person with mental retardation or	5634
a developmental disability has suffered or faces a substantial	5635
risk of suffering any wound, injury, disability, or condition of	5636
such a nature as to reasonably indicate abuse or neglect of that	5637
person, shall immediately report or cause reports to be made of	5638
such information to the entity specified in this division. Except	5639
as provided in section 5120.173 of the Revised Code or as	5640
otherwise provided in this division, the person making the report	5641
shall make it to a law enforcement agency or to the county board	5642
of developmental disabilities. If the report concerns a resident	5643
of a facility operated by the department of developmental	5644
disabilities the report shall be made either to a law enforcement	5645
agency or to the department. If the report concerns any act or	5646
omission of an employee of a county board of developmental	5647
disabilities, the report immediately shall be made to the	5648
department and to the county board.	5649

(2) All of the following persons are required to make a	5650
report under division (C)(1) of this section:	5651

(a) Any physician, including a hospital intern or resident,	5652
any dentist, podiatrist, chiropractor, practitioner of a limited	5653
branch of medicine as specified in section 4731.15 of the Revised	5654
Code, hospital administrator or employee of a hospital, nurse	5655
licensed under Chapter 4723. of the Revised Code, employee of an	5656
ambulatory health facility as defined in section 5101.61 of the	5657
Revised Code, employee of a home health agency, employee of a	5658
residential facility licensed under section 5119.34 of the Revised	5659
Code that provides accommodations, supervision, and person care	5660
services for three to sixteen unrelated adults, or employee of a	5661
community mental health facility;	5662

(b) Any school teacher or school authority, licensed	5663
professional clinical counselor, licensed professional counselor,	5664
independent social worker, social worker, independent marriage and	5665
family therapist, marriage and family therapist, psychologist,	5666
attorney, peace officer, coroner, or residents' rights advocate as	5667
defined in section 3721.10 of the Revised Code;	5668

(c) A superintendent, board member, or employee of a county	5669
board of developmental disabilities; an administrator, board	5670
member, or employee of a residential facility licensed under	5671
section 5123.19 of the Revised Code; an administrator, board	5672
member, or employee of any other public or private provider of	5673
services to a person with mental retardation or a developmental	5674
disability, or any MR/DD employee, as defined in section 5123.50	5675
of the Revised Code;	5676

(d) A member of a citizen's advisory council established at	5677
an institution or branch institution of the department of	5678
developmental disabilities under section 5123.092 of the Revised	5679
Code;	5680

(e) A member of the clergy who is employed in a position that	5681
includes providing specialized services to an individual with	5682
mental retardation or another developmental disability, while	5683
acting in an official or professional capacity in that position,	5684
or a person who is employed in a position that includes providing	5685
specialized services to an individual with mental retardation or	5686
another developmental disability and who, while acting in an	5687
official or professional capacity, renders spiritual treatment	5688
through prayer in accordance with the tenets of an organized	5689
religion.	5690

(3)(a) The reporting requirements of this division do not	5691
apply to employees of the Ohio protection and advocacy system.	5692

(b) An attorney or physician is not required to make a report	5693
pursuant to division (C)(1) of this section concerning any	5694
communication the attorney or physician receives from a client or	5695
patient in an attorney-client or physician-patient relationship,	5696
if, in accordance with division (A) or (B) of section 2317.02 of	5697
the Revised Code, the attorney or physician could not testify with	5698
respect to that communication in a civil or criminal proceeding,	5699
except that the client or patient is deemed to have waived any	5700
testimonial privilege under division (A) or (B) of section 2317.02	5701
of the Revised Code with respect to that communication and the	5702
attorney or physician shall make a report pursuant to division	5703
(C)(1) of this section, if both of the following apply:	5704

(i) The client or patient, at the time of the communication,	5705
is a person with mental retardation or a developmental disability.	5706

(ii) The attorney or physician knows or suspects, as a result	5707
of the communication or any observations made during that	5708
communication, that the client or patient has suffered or faces a	5709
substantial risk of suffering any wound, injury, disability, or	5710
condition of a nature that reasonably indicates abuse or neglect	5711
of the client or patient.	5712

(4) Any person who fails to make a report required under	5713
division (C) of this section and who is an MR/DD employee, as	5714
defined in section 5123.50 of the Revised Code, shall be eligible	5715
to be included in the registry regarding misappropriation, abuse,	5716
neglect, or other specified misconduct by MR/DD employees	5717
established under section 5123.52 of the Revised Code.	5718

(D) The reports required under division (C) of this section	5719
shall be made forthwith by telephone or in person and shall be	5720
followed by a written report. The reports shall contain the	5721
following:	5722

(1) The names and addresses of the person with mental	5723
retardation or a developmental disability and the person's	5724
custodian, if known;	5725

(2) The age of the person with mental retardation or a	5726
developmental disability;	5727

(3) Any other information that would assist in the	5728
investigation of the report.	5729

(E) When a physician performing services as a member of the	5730
staff of a hospital or similar institution has reason to believe	5731
that a person with mental retardation or a developmental	5732
disability has suffered injury, abuse, or physical neglect, the	5733
physician shall notify the person in charge of the institution or	5734
that person's designated delegate, who shall make the necessary	5735
reports.	5736

(F) Any person having reasonable cause to believe that a	5737
person with mental retardation or a developmental disability has	5738
suffered or faces a substantial risk of suffering abuse or neglect	5739
may report or cause a report to be made of that belief to the	5740
entity specified in this division. Except as provided in section	5741
5120.173 of the Revised Code or as otherwise provided in this	5742
division, the person making the report shall make it to a law	5743
enforcement agency or the county board of developmental	5744
disabilities. If the person is a resident of a facility operated	5745
by the department of developmental disabilities, the report shall	5746
be made to a law enforcement agency or to the department. If the	5747
report concerns any act or omission of an employee of a county	5748
board of developmental disabilities, the report immediately shall	5749
be made to the department and to the county board.	5750

(G)(1) Upon the receipt of a report concerning the possible	5751
abuse or neglect of a person with mental retardation or a	5752
developmental disability, the law enforcement agency shall inform	5753
the county board of developmental disabilities or, if the person	5754
is a resident of a facility operated by the department of	5755
developmental disabilities, the director of the department or the	5756
director's designee.	5757

(2) On receipt of a report under this section that includes	5758
an allegation of action or inaction that may constitute a crime	5759
under federal law or the law of this state, the department of	5760
developmental disabilities shall notify the law enforcement	5761
agency.	5762

(3) When a county board of developmental disabilities	5763
receives a report under this section that includes an allegation	5764
of action or inaction that may constitute a crime under federal	5765
law or the law of this state, the superintendent of the board or	5766
an individual the superintendent designates under division (H) of	5767
this section shall notify the law enforcement agency. The	5768
superintendent or individual shall notify the department of	5769
developmental disabilities when it receives any report under this	5770
section.	5771

(4) When a county board of developmental disabilities	5772
receives a report under this section and believes that the degree	5773
of risk to the person is such that the report is an emergency, the	5774
superintendent of the board or an employee of the board the	5775
superintendent designates shall attempt a face-to-face contact	5776
with the person with mental retardation or a developmental	5777
disability who allegedly is the victim within one hour of the	5778
board's receipt of the report.	5779

(H) The superintendent of the board may designate an	5780
individual to be responsible for notifying the law enforcement	5781
agency and the department when the county board receives a report	5782
under this section.	5783

(I) An adult with mental retardation or a developmental	5784
disability about whom a report is made may be removed from the	5785
adult's place of residence only by law enforcement officers who	5786
consider that the adult's immediate removal is essential to	5787
protect the adult from further injury or abuse or in accordance	5788
with the order of a court made pursuant to section 5126.33 of the	5789
Revised Code.	5790

(J) A law enforcement agency shall investigate each report of	5791
abuse or neglect it receives under this section. In addition, the	5792
department, in cooperation with law enforcement officials, shall	5793
investigate each report regarding a resident of a facility	5794
operated by the department to determine the circumstances	5795
surrounding the injury, the cause of the injury, and the person	5796
responsible. The investigation shall be in accordance with the	5797
memorandum of understanding prepared under section 5126.058 of the	5798
Revised Code. The department shall determine, with the registry	5799
office which shall be maintained by the department, whether prior	5800
reports have been made concerning an adult with mental retardation	5801
or a developmental disability or other principals in the case. If	5802
the department finds that the report involves action or inaction	5803
that may constitute a crime under federal law or the law of this	5804
state, it shall submit a report of its investigation, in writing,	5805
to the law enforcement agency. If the person with mental	5806
retardation or a developmental disability is an adult, with the	5807
consent of the adult, the department shall provide such protective	5808
services as are necessary to protect the adult. The law	5809
enforcement agency shall make a written report of its findings to	5810
the department.	5811

If the person is an adult and is not a resident of a facility	5812
operated by the department, the county board of developmental	5813
disabilities shall review the report of abuse or neglect in	5814
accordance with sections 5126.30 to 5126.33 of the Revised Code	5815
and the law enforcement agency shall make the written report of	5816
its findings to the county board.	5817

(K) Any person or any hospital, institution, school, health	5818
department, or agency participating in the making of reports	5819
pursuant to this section, any person participating as a witness in	5820
an administrative or judicial proceeding resulting from the	5821
reports, or any person or governmental entity that discharges	5822
responsibilities under sections 5126.31 to 5126.33 of the Revised	5823
Code shall be immune from any civil or criminal liability that	5824
might otherwise be incurred or imposed as a result of such actions	5825
except liability for perjury, unless the person or governmental	5826
entity has acted in bad faith or with malicious purpose.	5827

(L) No employer or any person with the authority to do so	5828
shall discharge, demote, transfer, prepare a negative work	5829
performance evaluation, reduce pay or benefits, terminate work	5830
privileges, or take any other action detrimental to an employee or	5831
retaliate against an employee as a result of the employee's having	5832
made a report under this section. This division does not preclude	5833
an employer or person with authority from taking action with	5834
regard to an employee who has made a report under this section if	5835
there is another reasonable basis for the action.	5836

(M) Reports made under this section are not public records as	5837
defined in section 149.43 of the Revised Code. Information	5838
contained in the reports on request shall be made available to the	5839
person who is the subject of the report, to the person's legal	5840
counsel, and to agencies authorized to receive information in the	5841
report by the department or by a county board of developmental	5842
disabilities.	5843

(N) Notwithstanding section 4731.22 of the Revised Code, the	5844
physician-patient privilege shall not be a ground for excluding	5845
evidence regarding the injuries or physical neglect of a person	5846
with mental retardation or a developmental disability or the cause	5847
thereof in any judicial proceeding resulting from a report	5848
submitted pursuant to this section.	5849

Section 2. That existing sections 1701.03, 1705.03, 1705.04,	5850
1705.53, 1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51,	5851
2317.02, 2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74,	5852
3709.161, 3721.21, 3923.28, 3923.281, 3923.282, 3923.30, 3963.01,	5853
4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17,	5854
4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10,	5855
4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27,	5856
4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36,	5857
4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.55, 4758.561,	5858
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61 and section	5859
4757.12 of the Revised Code are hereby repealed.	5860

Section 3. Within one year after the effective date of this	5861
act, the Office of Collective Bargaining in the Department of	5862
Administrative Services shall implement division (C) of section	5863
4757.41 of the Revised Code as enacted by this act.	5864

Within ninety days after the effective date of this act, the	5865
Office of Collective Bargaining shall negotiate with each state	5866
agency and the affected union to reach a mutually agreeable	5867
resolution for employees impacted by the enactment of division (C)	5868
of section 4757.41 of the Revised Code.	5869

Notwithstanding divisions (A) and (D) of section 124.14 of	5870
the Revised Code or any other contrary provision of law, for	5871
employees in the service of the state exempt from Chapter 4117. of	5872
the Revised Code who are impacted by the enactment of division (C)	5873
of section 4757.41 of the Revised Code, the Director of	5874
Administrative Services may implement any or all of the provisions	5875
of the resolutions described in the preceding paragraph.	5876

The Director, within ninety days after the effective date of	5877
this act, shall develop and assign new classifications related to	5878
the enactment of division (C) of section 4757.41 of the Revised	5879
Code as needed and reassign impacted employees to appropriate	5880
classifications based on the employee's duties and qualifications.	5881