Bill Text: OH HB208 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To regulate the practice of art therapy.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2009-06-04 - To Health [HB208 Detail]

Download: Ohio-2009-HB208-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 208

Representative Skindell 

Cosponsors: Representatives Ujvagi, Letson, Hagan, Harris, Foley, Domenick, Yuko, Okey, Oelslager, Murray, Winburn, Boyd 

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A BILL

To amend sections 125.22, 2151.421, 2317.02, 4757.01,

1

4757.02, 4757.03, 4757.04, 4757.05, 4757.06,

2

4757.07, 4757.10, 4757.101, 4757.11, 4757.12,

3

4757.15, 4757.16, 4757.17, 4757.18, 4757.19,

4

4757.22, 4757.23, 4757.27, 4757.28, 4757.29,

5

4757.30, 4757.301, 4757.31, 4757.32, 4757.33,

6

4757.34, 4757.36, 4757.361, 4757.38, 4757.40,

7

4757.43, and 4757.44 and to enact sections 4757.45

8

to 4757.49 of the Revised Code to regulate the

9

practice of art therapy.

10

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

Section 1. That sections 125.22, 2151.421, 2317.02, 4757.01,	11
4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07, 4757.10,	12
4757.101, 4757.11, 4757.12, 4757.15, 4757.16, 4757.17, 4757.18,	13
4757.19, 4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30,	14
4757.301, 4757.31, 4757.32, 4757.33, 4757.34, 4757.36, 4757.361,	15
4757.38, 4757.40, 4757.43, and 4757.44 be amended and sections	16
4757.45, 4757.46, 4757.47, 4757.48, and 4757.49 of the Revised	17
Code be enacted to read as follows:	18

Sec. 125.22.  (A) The department of administrative services	19
shall establish the central service agency to perform routine	20
support for the following boards and commissions:	21

(1) Architects board;

22

(2) Barber board;

23

(3) State chiropractic board;

24

(4) State board of cosmetology;

25

(5) Accountancy board;

26

(6) State dental board;

27

(7) State board of optometry;

28

(8) Ohio occupational therapy, physical therapy, and athletic	29
trainers board;	30

(9) State board of registration for professional engineers	31
and surveyors;	32

(10) State board of sanitarian registration;

33

(11) Board of embalmers and funeral directors;

34

(12) State board of psychology;

35

(13) Ohio optical dispensers board;

36

(14) Board of speech pathology and audiology;

37

(15) Counselor, social worker, and marriage and family	38
therapist, and art therapist board;	39

(16) State veterinary medical licensing board;

40

(17) Ohio board of dietetics;

41

(18) Commission on Hispanic-Latino affairs;

42

(19) Ohio respiratory care board;

43

(20) Ohio commission on African-American males;

44

(21) Chemical dependency professionals board.

45

(B)(1) Notwithstanding any other section of the Revised Code,	46
the agency shall perform the following routine support services	47
for the boards and commissions named in division (A) of this	48
section unless the controlling board exempts a board or commission	49
from this requirement on the recommendation of the director of	50
administrative services:	51

(a) Preparing and processing payroll and other personnel	52
documents;	53

(b) Preparing and processing vouchers, purchase orders,	54
encumbrances, and other accounting documents;	55

(c) Maintaining ledgers of accounts and balances;

56

(d) Preparing and monitoring budgets and allotment plans in	57
consultation with the boards and commissions;	58

(e) Other routine support services that the director of	59
administrative services considers appropriate to achieve	60
efficiency.	61

(2) The agency may perform other services which a board or	62
commission named in division (A) of this section delegates to the	63
agency and the agency accepts.	64

(3) The agency may perform any service for any professional	65
or occupational licensing board not named in division (A) of this	66
section or any commission if the board or commission requests such	67
service and the agency accepts.	68

(C) The director of administrative services shall be the	69
appointing authority for the agency.	70

(D) The agency shall determine the fees to be charged to the	71
boards and commissions, which shall be in proportion to the	72
services performed for each board or commission.	73

(E) Each board or commission named in division (A) of this	74
section and any other board or commission requesting services from	75
the agency shall pay these fees to the agency from the general	76
revenue fund maintenance account of the board or commission or	77
from such other fund as the operating expenses of the board or	78
commission are paid. Any amounts set aside for a fiscal year by a	79
board or commission to allow for the payment of fees shall be used	80
only for the services performed by the agency in that fiscal year.	81
All receipts collected by the agency shall be deposited in the	82
state treasury to the credit of the central service agency fund,	83
which is hereby created. All expenses incurred by the agency in	84
performing services for the boards or commissions shall be paid	85
from the fund.	86

(F) Nothing in this section shall be construed as a grant of	87
authority for the central service agency to initiate or deny	88
personnel or fiscal actions for the boards and commissions.	89

Sec. 2151.421.  (A)(1)(a) No person described in division	90
(A)(1)(b) of this section who is acting in an official or	91
professional capacity and knows, or has reasonable cause to	92
suspect based on facts that would cause a reasonable person in a	93
similar position to suspect, that a child under eighteen years of	94
age or a mentally retarded, developmentally disabled, or	95
physically impaired child under twenty-one years of age has	96
suffered or faces a threat of suffering any physical or mental	97
wound, injury, disability, or condition of a nature that	98
reasonably indicates abuse or neglect of the child shall fail to	99
immediately report that knowledge or reasonable cause to suspect	100
to the entity or persons specified in this division. Except as	101
provided in section 5120.173 of the Revised Code, the person	102
making the report shall make it to the public children services	103
agency or a municipal or county peace officer in the county in	104
which the child resides or in which the abuse or neglect is	105
occurring or has occurred. In the circumstances described in	106
section 5120.173 of the Revised Code, the person making the report	107
shall make it to the entity specified in that section.	108

(b) Division (A)(1)(a) of this section applies to any person	109
who is an attorney; physician, including a hospital intern or	110
resident; dentist; podiatrist; practitioner of a limited branch of	111
medicine as specified in section 4731.15 of the Revised Code;	112
registered nurse; licensed practical nurse; visiting nurse; other	113
health care professional; licensed psychologist; licensed school	114
psychologist; independent marriage and family therapist or	115
marriage and family therapist; art therapist; speech pathologist	116
or audiologist; coroner; administrator or employee of a child	117
day-care center; administrator or employee of a residential camp	118
or child day camp; administrator or employee of a certified child	119
care agency or other public or private children services agency;	120
school teacher; school employee; school authority; person engaged	121
in social work or the practice of professional counseling; agent	122
of a county humane society; person, other than a cleric,	123
rendering spiritual treatment through prayer in accordance with	124
the tenets of a well-recognized religion; employee of a county	125
department of job and family services who is a professional and	126
who works with children and families; superintendent, board	127
member, or employee of a county board of mental retardation;	128
investigative agent contracted with by a county board of mental	129
retardation; employee of the department of mental retardation	130
and developmental disabilities; employee of a facility or home	131
that provides respite care in accordance with section 5123.171 of	132
the Revised Code; employee of a home health agency; employee of	133
an entity that provides homemaker services; a person performing	134
the duties of an assessor pursuant to Chapter 3107. or 5103. of	135
the Revised Code; or third party employed by a public children	136
services agency to assist in providing child or family related	137
services.	138

(2) Except as provided in division (A)(3) of this section, an	139
attorney or a physician is not required to make a report pursuant	140
to division (A)(1) of this section concerning any communication	141
the attorney or physician receives from a client or patient in an	142
attorney-client or physician-patient relationship, if, in	143
accordance with division (A) or (B) of section 2317.02 of the	144
Revised Code, the attorney or physician could not testify with	145
respect to that communication in a civil or criminal proceeding.	146

(3) The client or patient in an attorney-client or	147
physician-patient relationship described in division (A)(2) of	148
this section is deemed to have waived any testimonial privilege	149
under division (A) or (B) of section 2317.02 of the Revised Code	150
with respect to any communication the attorney or physician	151
receives from the client or patient in that attorney-client or	152
physician-patient relationship, and the attorney or physician	153
shall make a report pursuant to division (A)(1) of this section	154
with respect to that communication, if all of the following apply:	155

(a) The client or patient, at the time of the communication,	156
is either a child under eighteen years of age or a mentally	157
retarded, developmentally disabled, or physically impaired person	158
under twenty-one years of age.	159

(b) The attorney or physician knows, or has reasonable cause	160
to suspect based on facts that would cause a reasonable person in	161
similar position to suspect, as a result of the communication or	162
any observations made during that communication, that the client	163
or patient has suffered or faces a threat of suffering any	164
physical or mental wound, injury, disability, or condition of a	165
nature that reasonably indicates abuse or neglect of the client or	166
patient.	167

(c) The abuse or neglect does not arise out of the client's	168
or patient's attempt to have an abortion without the notification	169
of her parents, guardian, or custodian in accordance with section	170
2151.85 of the Revised Code.	171

(4)(a) No cleric and no person, other than a volunteer,	172
designated by any church, religious society, or faith acting as a	173
leader, official, or delegate on behalf of the church, religious	174
society, or faith who is acting in an official or professional	175
capacity, who knows, or has reasonable cause to believe based on	176
facts that would cause a reasonable person in a similar position	177
to believe, that a child under eighteen years of age or a mentally	178
retarded, developmentally disabled, or physically impaired child	179
under twenty-one years of age has suffered or faces a threat of	180
suffering any physical or mental wound, injury, disability, or	181
condition of a nature that reasonably indicates abuse or neglect	182
of the child, and who knows, or has reasonable cause to believe	183
based on facts that would cause a reasonable person in a similar	184
position to believe, that another cleric or another person, other	185
than a volunteer, designated by a church, religious society, or	186
faith acting as a leader, official, or delegate on behalf of the	187
church, religious society, or faith caused, or poses the threat of	188
causing, the wound, injury, disability, or condition that	189
reasonably indicates abuse or neglect shall fail to immediately	190
report that knowledge or reasonable cause to believe to the entity	191
or persons specified in this division. Except as provided in	192
section 5120.173 of the Revised Code, the person making the report	193
shall make it to the public children services agency or a	194
municipal or county peace officer in the county in which the child	195
resides or in which the abuse or neglect is occurring or has	196
occurred. In the circumstances described in section 5120.173 of	197
the Revised Code, the person making the report shall make it to	198
the entity specified in that section.	199

(b) Except as provided in division (A)(4)(c) of this section,	200
a cleric is not required to make a report pursuant to division	201
(A)(4)(a) of this section concerning any communication the cleric	202
receives from a penitent in a cleric-penitent relationship, if, in	203
accordance with division (C) of section 2317.02 of the Revised	204
Code, the cleric could not testify with respect to that	205
communication in a civil or criminal proceeding.	206

(c) The penitent in a cleric-penitent relationship described	207
in division (A)(4)(b) of this section is deemed to have waived any	208
testimonial privilege under division (C) of section 2317.02 of the	209
Revised Code with respect to any communication the cleric receives	210
from the penitent in that cleric-penitent relationship, and the	211
cleric shall make a report pursuant to division (A)(4)(a) of this	212
section with respect to that communication, if all of the	213
following apply:	214

(i) The penitent, at the time of the communication, is either	215
a child under eighteen years of age or a mentally retarded,	216
developmentally disabled, or physically impaired person under	217
twenty-one years of age.	218

(ii) The cleric knows, or has reasonable cause to believe	219
based on facts that would cause a reasonable person in a similar	220
position to believe, as a result of the communication or any	221
observations made during that communication, the penitent has	222
suffered or faces a threat of suffering any physical or mental	223
wound, injury, disability, or condition of a nature that	224
reasonably indicates abuse or neglect of the penitent.	225

(iii) The abuse or neglect does not arise out of the	226
penitent's attempt to have an abortion performed upon a child	227
under eighteen years of age or upon a mentally retarded,	228
developmentally disabled, or physically impaired person under	229
twenty-one years of age without the notification of her parents,	230
guardian, or custodian in accordance with section 2151.85 of the	231
Revised Code.	232

(d) Divisions (A)(4)(a) and (c) of this section do not apply	233
in a cleric-penitent relationship when the disclosure of any	234
communication the cleric receives from the penitent is in	235
violation of the sacred trust.	236

(e) As used in divisions (A)(1) and (4) of this section,	237
"cleric" and "sacred trust" have the same meanings as in section	238
2317.02 of the Revised Code.	239

(B) Anyone who knows, or has reasonable cause to suspect	240
based on facts that would cause a reasonable person in similar	241
circumstances to suspect, that a child under eighteen years of age	242
or a mentally retarded, developmentally disabled, or physically	243
impaired person under twenty-one years of age has suffered or	244
faces a threat of suffering any physical or mental wound, injury,	245
disability, or other condition of a nature that reasonably	246
indicates abuse or neglect of the child may report or cause	247
reports to be made of that knowledge or reasonable cause to	248
suspect to the entity or persons specified in this division.	249
Except as provided in section 5120.173 of the Revised Code, a	250
person making a report or causing a report to be made under this	251
division shall make it or cause it to be made to the public	252
children services agency or to a municipal or county peace	253
officer. In the circumstances described in section 5120.173 of the	254
Revised Code, a person making a report or causing a report to be	255
made under this division shall make it or cause it to be made to	256
the entity specified in that section.	257

(C) Any report made pursuant to division (A) or (B) of this	258
section shall be made forthwith either by telephone or in person	259
and shall be followed by a written report, if requested by the	260
receiving agency or officer. The written report shall contain:	261

(1) The names and addresses of the child and the child's	262
parents or the person or persons having custody of the child, if	263
known;	264

(2) The child's age and the nature and extent of the child's	265
injuries, abuse, or neglect that is known or reasonably suspected	266
or believed, as applicable, to have occurred or of the threat of	267
injury, abuse, or neglect that is known or reasonably suspected or	268
believed, as applicable, to exist, including any evidence of	269
previous injuries, abuse, or neglect;	270

(3) Any other information that might be helpful in	271
establishing the cause of the injury, abuse, or neglect that is	272
known or reasonably suspected or believed, as applicable, to have	273
occurred or of the threat of injury, abuse, or neglect that is	274
known or reasonably suspected or believed, as applicable, to	275
exist.	276

Any person, who is required by division (A) of this section	277
to report child abuse or child neglect that is known or reasonably	278
suspected or believed to have occurred, may take or cause to be	279
taken color photographs of areas of trauma visible on a child and,	280
if medically indicated, cause to be performed radiological	281
examinations of the child.	282

(D) As used in this division, "children's advocacy center"	283
and "sexual abuse of a child" have the same meanings as in section	284
2151.425 of the Revised Code.	285

(1) When a municipal or county peace officer receives a	286
report concerning the possible abuse or neglect of a child or the	287
possible threat of abuse or neglect of a child, upon receipt of	288
the report, the municipal or county peace officer who receives the	289
report shall refer the report to the appropriate public children	290
services agency.	291

(2) When a public children services agency receives a report	292
pursuant to this division or division (A) or (B) of this section,	293
upon receipt of the report, the public children services agency	294
shall do both of the following:	295

(a) Comply with section 2151.422 of the Revised Code;

296

(b) If the county served by the agency is also served by a	297
children's advocacy center and the report alleges sexual abuse of	298
a child or another type of abuse of a child that is specified in	299
the memorandum of understanding that creates the center as being	300
within the center's jurisdiction, comply regarding the report with	301
the protocol and procedures for referrals and investigations, with	302
the coordinating activities, and with the authority or	303
responsibility for performing or providing functions, activities,	304
and services stipulated in the interagency agreement entered into	305
under section 2151.428 of the Revised Code relative to that	306
center.	307

(E) No township, municipal, or county peace officer shall	308
remove a child about whom a report is made pursuant to this	309
section from the child's parents, stepparents, or guardian or any	310
other persons having custody of the child without consultation	311
with the public children services agency, unless, in the judgment	312
of the officer, and, if the report was made by physician, the	313
physician, immediate removal is considered essential to protect	314
the child from further abuse or neglect. The agency that must be	315
consulted shall be the agency conducting the investigation of the	316
report as determined pursuant to section 2151.422 of the Revised	317
Code.	318

(F)(1) Except as provided in section 2151.422 of the Revised	319
Code or in an interagency agreement entered into under section	320
2151.428 of the Revised Code that applies to the particular	321
report, the public children services agency shall investigate,	322
within twenty-four hours, each report of child abuse or child	323
neglect that is known or reasonably suspected or believed to have	324
occurred and of a threat of child abuse or child neglect that is	325
known or reasonably suspected or believed to exist that is	326
referred to it under this section to determine the circumstances	327
surrounding the injuries, abuse, or neglect or the threat of	328
injury, abuse, or neglect, the cause of the injuries, abuse,	329
neglect, or threat, and the person or persons responsible. The	330
investigation shall be made in cooperation with the law	331
enforcement agency and in accordance with the memorandum of	332
understanding prepared under division (J) of this section. A	333
representative of the public children services agency shall, at	334
the time of initial contact with the person subject to the	335
investigation, inform the person of the specific complaints or	336
allegations made against the person. The information shall be	337
given in a manner that is consistent with division (H)(1) of this	338
section and protects the rights of the person making the report	339
under this section.	340

A failure to make the investigation in accordance with the	341
memorandum is not grounds for, and shall not result in, the	342
dismissal of any charges or complaint arising from the report or	343
the suppression of any evidence obtained as a result of the report	344
and does not give, and shall not be construed as giving, any	345
rights or any grounds for appeal or post-conviction relief to any	346
person. The public children services agency shall report each case	347
to the uniform statewide automated child welfare information	348
system that the department of job and family services shall	349
maintain in accordance with section 5101.13 of the Revised Code.	350
The public children services agency shall submit a report of its	351
investigation, in writing, to the law enforcement agency.	352

(2) The public children services agency shall make any	353
recommendations to the county prosecuting attorney or city	354
director of law that it considers necessary to protect any	355
children that are brought to its attention.	356

(G)(1)(a) Except as provided in division (H)(3) of this	357
section, anyone or any hospital, institution, school, health	358
department, or agency participating in the making of reports under	359
division (A) of this section, anyone or any hospital, institution,	360
school, health department, or agency participating in good faith	361
in the making of reports under division (B) of this section, and	362
anyone participating in good faith in a judicial proceeding	363
resulting from the reports, shall be immune from any civil or	364
criminal liability for injury, death, or loss to person or	365
property that otherwise might be incurred or imposed as a result	366
of the making of the reports or the participation in the judicial	367
proceeding.	368

(b) Notwithstanding section 4731.22 of the Revised Code, the	369
physician-patient privilege shall not be a ground for excluding	370
evidence regarding a child's injuries, abuse, or neglect, or the	371
cause of the injuries, abuse, or neglect in any judicial	372
proceeding resulting from a report submitted pursuant to this	373
section.	374

(2) In any civil or criminal action or proceeding in which it	375
is alleged and proved that participation in the making of a report	376
under this section was not in good faith or participation in a	377
judicial proceeding resulting from a report made under this	378
section was not in good faith, the court shall award the	379
prevailing party reasonable attorney's fees and costs and, if a	380
civil action or proceeding is voluntarily dismissed, may award	381
reasonable attorney's fees and costs to the party against whom the	382
civil action or proceeding is brought.	383

(H)(1) Except as provided in divisions (H)(4) and (N) of	384
this section, a report made under this section is confidential.	385
The information provided in a report made pursuant to this	386
section and the name of the person who made the report shall not	387
be released for use, and shall not be used, as evidence in any	388
civil action or proceeding brought against the person who made	389
the report. Nothing in this division shall preclude the use of	390
reports of other incidents of known or suspected abuse or neglect	391
in a civil action or proceeding brought pursuant to division (M)	392
of this section against a person who is alleged to have violated	393
division (A)(1) of this section, provided that any information in	394
a report that would identify the child who is the subject of the	395
report or the maker of the report, if the maker of the report is	396
not the defendant or an agent or employee of the defendant, has	397
been redacted. In a criminal proceeding, the report is	398
admissible in evidence in accordance with the Rules of Evidence	399
and is subject to discovery in accordance with the Rules of	400
Criminal Procedure.	401

(2) No person shall permit or encourage the unauthorized	402
dissemination of the contents of any report made under this	403
section.	404

(3) A person who knowingly makes or causes another person to	405
make a false report under division (B) of this section that	406
alleges that any person has committed an act or omission that	407
resulted in a child being an abused child or a neglected child is	408
guilty of a violation of section 2921.14 of the Revised Code.	409

(4) If a report is made pursuant to division (A) or (B) of	410
this section and the child who is the subject of the report dies	411
for any reason at any time after the report is made, but before	412
the child attains eighteen years of age, the public children	413
services agency or municipal or county peace officer to which the	414
report was made or referred, on the request of the child fatality	415
review board, shall submit a summary sheet of information	416
providing a summary of the report to the review board of the	417
county in which the deceased child resided at the time of death.	418
On the request of the review board, the agency or peace officer	419
may, at its discretion, make the report available to the review	420
board. If the county served by the public children services agency	421
is also served by a children's advocacy center and the report of	422
alleged sexual abuse of a child or another type of abuse of a	423
child is specified in the memorandum of understanding that creates	424
the center as being within the center's jurisdiction, the agency	425
or center shall perform the duties and functions specified in this	426
division in accordance with the interagency agreement entered into	427
under section 2151.428 of the Revised Code relative to that	428
advocacy center.	429

(5) A public children services agency shall advise a person	430
alleged to have inflicted abuse or neglect on a child who is the	431
subject of a report made pursuant to this section, including a	432
report alleging sexual abuse of a child or another type of abuse	433
of a child referred to a children's advocacy center pursuant to an	434
interagency agreement entered into under section 2151.428 of the	435
Revised Code, in writing of the disposition of the investigation.	436
The agency shall not provide to the person any information that	437
identifies the person who made the report, statements of	438
witnesses, or police or other investigative reports.	439

(I) Any report that is required by this section, other than a	440
report that is made to the state highway patrol as described in	441
section 5120.173 of the Revised Code, shall result in protective	442
services and emergency supportive services being made available by	443
the public children services agency on behalf of the children	444
about whom the report is made, in an effort to prevent further	445
neglect or abuse, to enhance their welfare, and, whenever	446
possible, to preserve the family unit intact. The agency required	447
to provide the services shall be the agency conducting the	448
investigation of the report pursuant to section 2151.422 of the	449
Revised Code.	450

(J)(1) Each public children services agency shall prepare a	451
memorandum of understanding that is signed by all of the	452
following:	453

(a) If there is only one juvenile judge in the county, the	454
juvenile judge of the county or the juvenile judge's	455
representative;	456

(b) If there is more than one juvenile judge in the county, a	457
juvenile judge or the juvenile judges' representative selected by	458
the juvenile judges or, if they are unable to do so for any	459
reason, the juvenile judge who is senior in point of service or	460
the senior juvenile judge's representative;	461

(c) The county peace officer;

462

(d) All chief municipal peace officers within the county;

463

(e) Other law enforcement officers handling child abuse and	464
neglect cases in the county;	465

(f) The prosecuting attorney of the county;

466

(g) If the public children services agency is not the county	467
department of job and family services, the county department of	468
job and family services;	469

(h) The county humane society;

470

(i) If the public children services agency participated in	471
the execution of a memorandum of understanding under section	472
2151.426 of the Revised Code establishing a children's advocacy	473
center, each participating member of the children's advocacy	474
center established by the memorandum.	475

(2) A memorandum of understanding shall set forth the normal	476
operating procedure to be employed by all concerned officials in	477
the execution of their respective responsibilities under this	478
section and division (C) of section 2919.21, division (B)(1) of	479
section 2919.22, division (B) of section 2919.23, and section	480
2919.24 of the Revised Code and shall have as two of its primary	481
goals the elimination of all unnecessary interviews of children	482
who are the subject of reports made pursuant to division (A) or	483
(B) of this section and, when feasible, providing for only one	484
interview of a child who is the subject of any report made	485
pursuant to division (A) or (B) of this section. A failure to	486
follow the procedure set forth in the memorandum by the concerned	487
officials is not grounds for, and shall not result in, the	488
dismissal of any charges or complaint arising from any reported	489
case of abuse or neglect or the suppression of any evidence	490
obtained as a result of any reported child abuse or child neglect	491
and does not give, and shall not be construed as giving, any	492
rights or any grounds for appeal or post-conviction relief to any	493
person.	494

(3) A memorandum of understanding shall include all of the	495
following:	496

(a) The roles and responsibilities for handling emergency and	497
nonemergency cases of abuse and neglect;	498

(b) Standards and procedures to be used in handling and	499
coordinating investigations of reported cases of child abuse and	500
reported cases of child neglect, methods to be used in	501
interviewing the child who is the subject of the report and who	502
allegedly was abused or neglected, and standards and procedures	503
addressing the categories of persons who may interview the child	504
who is the subject of the report and who allegedly was abused or	505
neglected.	506

(4) If a public children services agency participated in the	507
execution of a memorandum of understanding under section 2151.426	508
of the Revised Code establishing a children's advocacy center, the	509
agency shall incorporate the contents of that memorandum in the	510
memorandum prepared pursuant to this section.	511

(5) The clerk of the court of common pleas in the county may	512
sign the memorandum of understanding prepared under division	513
(J)(1) of this section. If the clerk signs the memorandum of	514
understanding, the clerk shall execute all relevant	515
responsibilities as required of officials specified in the	516
memorandum.	517

(K)(1) Except as provided in division (K)(4) of this section,	518
a person who is required to make a report pursuant to division (A)	519
of this section may make a reasonable number of requests of the	520
public children services agency that receives or is referred the	521
report, or of the children's advocacy center that is referred the	522
report if the report is referred to a children's advocacy center	523
pursuant to an interagency agreement entered into under section	524
2151.428 of the Revised Code, to be provided with the following	525
information:	526

(a) Whether the agency or center has initiated an	527
investigation of the report;	528

(b) Whether the agency or center is continuing to investigate	529
the report;	530

(c) Whether the agency or center is otherwise involved with	531
the child who is the subject of the report;	532

(d) The general status of the health and safety of the child	533
who is the subject of the report;	534

(e) Whether the report has resulted in the filing of a	535
complaint in juvenile court or of criminal charges in another	536
court.	537

(2) A person may request the information specified in	538
division (K)(1) of this section only if, at the time the report is	539
made, the person's name, address, and telephone number are	540
provided to the person who receives the report.	541

When a municipal or county peace officer or employee of a	542
public children services agency receives a report pursuant to	543
division (A) or (B) of this section the recipient of the report	544
shall inform the person of the right to request the information	545
described in division (K)(1) of this section. The recipient of the	546
report shall include in the initial child abuse or child neglect	547
report that the person making the report was so informed and, if	548
provided at the time of the making of the report, shall include	549
the person's name, address, and telephone number in the report.	550

Each request is subject to verification of the identity of	551
the person making the report. If that person's identity is	552
verified, the agency shall provide the person with the information	553
described in division (K)(1) of this section a reasonable number	554
of times, except that the agency shall not disclose any	555
confidential information regarding the child who is the subject of	556
the report other than the information described in those	557
divisions.	558

(3) A request made pursuant to division (K)(1) of this	559
section is not a substitute for any report required to be made	560
pursuant to division (A) of this section.	561

(4) If an agency other than the agency that received or was	562
referred the report is conducting the investigation of the report	563
pursuant to section 2151.422 of the Revised Code, the agency	564
conducting the investigation shall comply with the requirements of	565
division (K) of this section.	566

(L) The director of job and family services shall adopt rules	567
in accordance with Chapter 119. of the Revised Code to implement	568
this section. The department of job and family services may enter	569
into a plan of cooperation with any other governmental entity to	570
aid in ensuring that children are protected from abuse and	571
neglect. The department shall make recommendations to the attorney	572
general that the department determines are necessary to protect	573
children from child abuse and child neglect.	574

(M) Whoever violates division (A) of this section is liable	575
for compensatory and exemplary damages to the child who would have	576
been the subject of the report that was not made. A person who	577
brings a civil action or proceeding pursuant to this division	578
against a person who is alleged to have violated division (A)(1)	579
of this section may use in the action or proceeding reports of	580
other incidents of known or suspected abuse or neglect, provided	581
that any information in a report that would identify the child who	582
is the subject of the report or the maker of the report, if the	583
maker is not the defendant or an agent or employee of the	584
defendant, has been redacted.	585

(N)(1) As used in this division:

586

(a) "Out-of-home care" includes a nonchartered nonpublic	587
school if the alleged child abuse or child neglect, or alleged	588
threat of child abuse or child neglect, described in a report	589
received by a public children services agency allegedly occurred	590
in or involved the nonchartered nonpublic school and the alleged	591
perpetrator named in the report holds a certificate, permit, or	592
license issued by the state board of education under section	593
3301.071 or Chapter 3319. of the Revised Code.	594

(b) "Administrator, director, or other chief administrative	595
officer" means the superintendent of the school district if the	596
out-of-home care entity subject to a report made pursuant to this	597
section is a school operated by the district.	598

(2) No later than the end of the day following the day on	599
which a public children services agency receives a report of	600
alleged child abuse or child neglect, or a report of an alleged	601
threat of child abuse or child neglect, that allegedly occurred in	602
or involved an out-of-home care entity, the agency shall provide	603
written notice of the allegations contained in and the person	604
named as the alleged perpetrator in the report to the	605
administrator, director, or other chief administrative officer of	606
the out-of-home care entity that is the subject of the report	607
unless the administrator, director, or other chief administrative	608
officer is named as an alleged perpetrator in the report. If the	609
administrator, director, or other chief administrative officer of	610
an out-of-home care entity is named as an alleged perpetrator in a	611
report of alleged child abuse or child neglect, or a report of an	612
alleged threat of child abuse or child neglect, that allegedly	613
occurred in or involved the out-of-home care entity, the agency	614
shall provide the written notice to the owner or governing board	615
of the out-of-home care entity that is the subject of the report.	616
The agency shall not provide witness statements or police or other	617
investigative reports.	618

(3) No later than three days after the day on which a public	619
children services agency that conducted the investigation as	620
determined pursuant to section 2151.422 of the Revised Code makes	621
a disposition of an investigation involving a report of alleged	622
child abuse or child neglect, or a report of an alleged threat of	623
child abuse or child neglect, that allegedly occurred in or	624
involved an out-of-home care entity, the agency shall send written	625
notice of the disposition of the investigation to the	626
administrator, director, or other chief administrative officer and	627
the owner or governing board of the out-of-home care entity. The	628
agency shall not provide witness statements or police or other	629
investigative reports.	630

Sec. 2317.02.  The following persons shall not testify in	631
certain respects:	632

(A)(1) An attorney, concerning a communication made to the	633
attorney by a client in that relation or the attorney's advice to	634
a client, except that the attorney may testify by express consent	635
of the client or, if the client is deceased, by the express	636
consent of the surviving spouse or the executor or administrator	637
of the estate of the deceased client. However, if the client	638
voluntarily testifies or is deemed by section 2151.421 of the	639
Revised Code to have waived any testimonial privilege under this	640
division, the attorney may be compelled to testify on the same	641
subject.	642

The testimonial privilege established under this division	643
does not apply concerning a communication between a client who has	644
since died and the deceased client's attorney if the communication	645
is relevant to a dispute between parties who claim through that	646
deceased client, regardless of whether the claims are by testate	647
or intestate succession or by inter vivos transaction, and the	648
dispute addresses the competency of the deceased client when the	649
deceased client executed a document that is the basis of the	650
dispute or whether the deceased client was a victim of fraud,	651
undue influence, or duress when the deceased client executed a	652
document that is the basis of the dispute.	653

(2) An attorney, concerning a communication made to the	654
attorney by a client in that relationship or the attorney's advice	655
to a client, except that if the client is an insurance company,	656
the attorney may be compelled to testify, subject to an in camera	657
inspection by a court, about communications made by the client to	658
the attorney or by the attorney to the client that are related to	659
the attorney's aiding or furthering an ongoing or future	660
commission of bad faith by the client, if the party seeking	661
disclosure of the communications has made a prima facie showing of	662
bad faith, fraud, or criminal misconduct by the client.	663

(B)(1) A physician or a dentist concerning a communication	664
made to the physician or dentist by a patient in that relation or	665
the physician's or dentist's advice to a patient, except as	666
otherwise provided in this division, division (B)(2), and division	667
(B)(3) of this section, and except that, if the patient is deemed	668
by section 2151.421 of the Revised Code to have waived any	669
testimonial privilege under this division, the physician may be	670
compelled to testify on the same subject.	671

The testimonial privilege established under this division	672
does not apply, and a physician or dentist may testify or may be	673
compelled to testify, in any of the following circumstances:	674

(a) In any civil action, in accordance with the discovery	675
provisions of the Rules of Civil Procedure in connection with a	676
civil action, or in connection with a claim under Chapter 4123. of	677
the Revised Code, under any of the following circumstances:	678

(i) If the patient or the guardian or other legal	679
representative of the patient gives express consent;	680

(ii) If the patient is deceased, the spouse of the patient or	681
the executor or administrator of the patient's estate gives	682
express consent;	683

(iii) If a medical claim, dental claim, chiropractic claim,	684
or optometric claim, as defined in section 2305.113 of the Revised	685
Code, an action for wrongful death, any other type of civil	686
action, or a claim under Chapter 4123. of the Revised Code is	687
filed by the patient, the personal representative of the estate of	688
the patient if deceased, or the patient's guardian or other legal	689
representative.	690

(b) In any civil action concerning court-ordered treatment or	691
services received by a patient, if the court-ordered treatment or	692
services were ordered as part of a case plan journalized under	693
section 2151.412 of the Revised Code or the court-ordered	694
treatment or services are necessary or relevant to dependency,	695
neglect, or abuse or temporary or permanent custody proceedings	696
under Chapter 2151. of the Revised Code.	697

(c) In any criminal action concerning any test or the results	698
of any test that determines the presence or concentration of	699
alcohol, a drug of abuse, a combination of them, a controlled	700
substance, or a metabolite of a controlled substance in the	701
patient's whole blood, blood serum or plasma, breath, urine, or	702
other bodily substance at any time relevant to the criminal	703
offense in question.	704

(d) In any criminal action against a physician or dentist. In	705
such an action, the testimonial privilege established under this	706
division does not prohibit the admission into evidence, in	707
accordance with the Rules of Evidence, of a patient's medical or	708
dental records or other communications between a patient and the	709
physician or dentist that are related to the action and obtained	710
by subpoena, search warrant, or other lawful means. A court that	711
permits or compels a physician or dentist to testify in such an	712
action or permits the introduction into evidence of patient	713
records or other communications in such an action shall require	714
that appropriate measures be taken to ensure that the	715
confidentiality of any patient named or otherwise identified in	716
the records is maintained. Measures to ensure confidentiality that	717
may be taken by the court include sealing its records or deleting	718
specific information from its records.	719

(e)(i) If the communication was between a patient who has	720
since died and the deceased patient's physician or dentist, the	721
communication is relevant to a dispute between parties who claim	722
through that deceased patient, regardless of whether the claims	723
are by testate or intestate succession or by inter vivos	724
transaction, and the dispute addresses the competency of the	725
deceased patient when the deceased patient executed a document	726
that is the basis of the dispute or whether the deceased patient	727
was a victim of fraud, undue influence, or duress when the	728
deceased patient executed a document that is the basis of the	729
dispute.	730

(ii) If neither the spouse of a patient nor the executor or	731
administrator of that patient's estate gives consent under	732
division (B)(1)(a)(ii) of this section, testimony or the	733
disclosure of the patient's medical records by a physician,	734
dentist, or other health care provider under division (B)(1)(e)(i)	735
of this section is a permitted use or disclosure of protected	736
health information, as defined in 45 C.F.R. 160.103, and an	737
authorization or opportunity to be heard shall not be required.	738

(iii) Division (B)(1)(e)(i) of this section does not require	739
a mental health professional to disclose psychotherapy notes, as	740
defined in 45 C.F.R. 164.501.	741

(iv) An interested person who objects to testimony or	742
disclosure under division (B)(1)(e)(i) of this section may seek a	743
protective order pursuant to Civil Rule 26.	744

(v) A person to whom protected health information is	745
disclosed under division (B)(1)(e)(i) of this section shall not	746
use or disclose the protected health information for any purpose	747
other than the litigation or proceeding for which the information	748
was requested and shall return the protected health information to	749
the covered entity or destroy the protected health information,	750
including all copies made, at the conclusion of the litigation or	751
proceeding.	752

(2)(a) If any law enforcement officer submits a written	753
statement to a health care provider that states that an official	754
criminal investigation has begun regarding a specified person or	755
that a criminal action or proceeding has been commenced against a	756
specified person, that requests the provider to supply to the	757
officer copies of any records the provider possesses that pertain	758
to any test or the results of any test administered to the	759
specified person to determine the presence or concentration of	760
alcohol, a drug of abuse, a combination of them, a controlled	761
substance, or a metabolite of a controlled substance in the	762
person's whole blood, blood serum or plasma, breath, or urine at	763
any time relevant to the criminal offense in question, and that	764
conforms to section 2317.022 of the Revised Code, the provider,	765
except to the extent specifically prohibited by any law of this	766
state or of the United States, shall supply to the officer a copy	767
of any of the requested records the provider possesses. If the	768
health care provider does not possess any of the requested	769
records, the provider shall give the officer a written statement	770
that indicates that the provider does not possess any of the	771
requested records.	772

(b) If a health care provider possesses any records of the	773
type described in division (B)(2)(a) of this section regarding the	774
person in question at any time relevant to the criminal offense in	775
question, in lieu of personally testifying as to the results of	776
the test in question, the custodian of the records may submit a	777
certified copy of the records, and, upon its submission, the	778
certified copy is qualified as authentic evidence and may be	779
admitted as evidence in accordance with the Rules of Evidence.	780
Division (A) of section 2317.422 of the Revised Code does not	781
apply to any certified copy of records submitted in accordance	782
with this division. Nothing in this division shall be construed to	783
limit the right of any party to call as a witness the person who	784
administered the test to which the records pertain, the person	785
under whose supervision the test was administered, the custodian	786
of the records, the person who made the records, or the person	787
under whose supervision the records were made.	788

(3)(a) If the testimonial privilege described in division	789
(B)(1) of this section does not apply as provided in division	790
(B)(1)(a)(iii) of this section, a physician or dentist may be	791
compelled to testify or to submit to discovery under the Rules of	792
Civil Procedure only as to a communication made to the physician	793
or dentist by the patient in question in that relation, or the	794
physician's or dentist's advice to the patient in question, that	795
related causally or historically to physical or mental injuries	796
that are relevant to issues in the medical claim, dental claim,	797
chiropractic claim, or optometric claim, action for wrongful	798
death, other civil action, or claim under Chapter 4123. of the	799
Revised Code.	800

(b) If the testimonial privilege described in division (B)(1)	801
of this section does not apply to a physician or dentist as	802
provided in division (B)(1)(c) of this section, the physician or	803
dentist, in lieu of personally testifying as to the results of the	804
test in question, may submit a certified copy of those results,	805
and, upon its submission, the certified copy is qualified as	806
authentic evidence and may be admitted as evidence in accordance	807
with the Rules of Evidence. Division (A) of section 2317.422 of	808
the Revised Code does not apply to any certified copy of results	809
submitted in accordance with this division. Nothing in this	810
division shall be construed to limit the right of any party to	811
call as a witness the person who administered the test in	812
question, the person under whose supervision the test was	813
administered, the custodian of the results of the test, the person	814
who compiled the results, or the person under whose supervision	815
the results were compiled.	816

(4) The testimonial privilege described in division (B)(1) of	817
this section is not waived when a communication is made by a	818
physician to a pharmacist or when there is communication between a	819
patient and a pharmacist in furtherance of the physician-patient	820
relation.	821

(5)(a) As used in divisions (B)(1) to (4) of this section,	822
"communication" means acquiring, recording, or transmitting any	823
information, in any manner, concerning any facts, opinions, or	824
statements necessary to enable a physician or dentist to diagnose,	825
treat, prescribe, or act for a patient. A "communication" may	826
include, but is not limited to, any medical or dental, office, or	827
hospital communication such as a record, chart, letter,	828
memorandum, laboratory test and results, x-ray, photograph,	829
financial statement, diagnosis, or prognosis.	830

(b) As used in division (B)(2) of this section, "health care	831
provider" means a hospital, ambulatory care facility, long-term	832
care facility, pharmacy, emergency facility, or health care	833
practitioner.	834

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

835

(i) "Ambulatory care facility" means a facility that provides	836
medical, diagnostic, or surgical treatment to patients who do not	837
require hospitalization, including a dialysis center, ambulatory	838
surgical facility, cardiac catheterization facility, diagnostic	839
imaging center, extracorporeal shock wave lithotripsy center, home	840
health agency, inpatient hospice, birthing center, radiation	841
therapy center, emergency facility, and an urgent care center.	842
"Ambulatory health care facility" does not include the private	843
office of a physician or dentist, whether the office is for an	844
individual or group practice.	845

(ii) "Emergency facility" means a hospital emergency	846
department or any other facility that provides emergency medical	847
services.	848

(iii) "Health care practitioner" has the same meaning as in	849
section 4769.01 of the Revised Code.	850

(iv) "Hospital" has the same meaning as in section 3727.01 of	851
the Revised Code.	852

(v) "Long-term care facility" means a nursing home,	853
residential care facility, or home for the aging, as those terms	854
are defined in section 3721.01 of the Revised Code; an adult care	855
facility, as defined in section 3722.01 of the Revised Code; a	856
nursing facility or intermediate care facility for the mentally	857
retarded, as those terms are defined in section 5111.20 of the	858
Revised Code; a facility or portion of a facility certified as a	859
skilled nursing facility under Title XVIII of the "Social Security	860
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	861

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	862
the Revised Code.	863

(d) As used in divisions (B)(1) and (2) of this section,	864
"drug of abuse" has the same meaning as in section 4506.01 of the	865
Revised Code.	866

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	867
apply to doctors of medicine, doctors of osteopathic medicine,	868
doctors of podiatry, and dentists.	869

(7) Nothing in divisions (B)(1) to (6) of this section	870
affects, or shall be construed as affecting, the immunity from	871
civil liability conferred by section 307.628 of the Revised Code	872
or the immunity from civil liability conferred by section 2305.33	873
of the Revised Code upon physicians who report an employee's use	874
of a drug of abuse, or a condition of an employee other than one	875
involving the use of a drug of abuse, to the employer of the	876
employee in accordance with division (B) of that section. As used	877
in division (B)(7) of this section, "employee," "employer," and	878
"physician" have the same meanings as in section 2305.33 of the	879
Revised Code.	880

(C)(1) A cleric, when the cleric remains accountable to the	881
authority of that cleric's church, denomination, or sect,	882
concerning a confession made, or any information confidentially	883
communicated, to the cleric for a religious counseling purpose in	884
the cleric's professional character. The cleric may testify by	885
express consent of the person making the communication, except	886
when the disclosure of the information is in violation of a sacred	887
trust and except that, if the person voluntarily testifies or is	888
deemed by division (A)(4)(c) of section 2151.421 of the Revised	889
Code to have waived any testimonial privilege under this division,	890
the cleric may be compelled to testify on the same subject except	891
when disclosure of the information is in violation of a sacred	892
trust.	893

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

894

(a) "Cleric" means a member of the clergy, rabbi, priest,	895
Christian Science practitioner, or regularly ordained, accredited,	896
or licensed minister of an established and legally cognizable	897
church, denomination, or sect.	898

(b) "Sacred trust" means a confession or confidential	899
communication made to a cleric in the cleric's ecclesiastical	900
capacity in the course of discipline enjoined by the church to	901
which the cleric belongs, including, but not limited to, the	902
Catholic Church, if both of the following apply:	903

(i) The confession or confidential communication was made	904
directly to the cleric.	905

(ii) The confession or confidential communication was made in	906
the manner and context that places the cleric specifically and	907
strictly under a level of confidentiality that is considered	908
inviolate by canon law or church doctrine.	909

(D) Husband or wife, concerning any communication made by one	910
to the other, or an act done by either in the presence of the	911
other, during coverture, unless the communication was made, or act	912
done, in the known presence or hearing of a third person competent	913
to be a witness; and such rule is the same if the marital relation	914
has ceased to exist;	915

(E) A person who assigns a claim or interest, concerning any	916
matter in respect to which the person would not, if a party, be	917
permitted to testify;	918

(F) A person who, if a party, would be restricted under	919
section 2317.03 of the Revised Code, when the property or thing is	920
sold or transferred by an executor, administrator, guardian,	921
trustee, heir, devisee, or legatee, shall be restricted in the	922
same manner in any action or proceeding concerning the property or	923
thing.	924

(G)(1) A school guidance counselor who holds a valid educator	925
license from the state board of education as provided for in	926
section 3319.22 of the Revised Code,or a person licensed or	927
registered under Chapter 4757. of the Revised Code as a	928
professional clinical counselor, professional counselor, social	929
worker, independent social worker, marriage and family therapist	930
or independent marriage and family therapist, or registered under	931
Chapter 4757. of the Revised Code as a social work assistant	932
concerning a confidential communication received from a client in	933
that relation or the person's advice to a client unless any of	934
the following applies:	935

(a) The communication or advice indicates clear and present	936
danger to the client or other persons. For the purposes of this	937
division, cases in which there are indications of present or past	938
child abuse or neglect of the client constitute a clear and	939
present danger.	940

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

941

(c) If the client is deceased, the surviving spouse or the	942
executor or administrator of the estate of the deceased client	943
gives express consent.	944

(d) The client voluntarily testifies, in which case the	945
school guidance counselor or person licensed or registered under	946
Chapter 4757. of the Revised Code may be compelled to testify on	947
the same subject.	948

(e) The court in camera determines that the information	949
communicated by the client is not germane to the counselor-client,	950
marriage and family therapist-client, art therapist-client, or	951
social worker-client relationship.	952

(f) A court, in an action brought against a school, its	953
administration, or any of its personnel by the client, rules after	954
an in-camera inspection that the testimony of the school guidance	955
counselor is relevant to that action.	956

(g) The testimony is sought in a civil action and concerns	957
court-ordered treatment or services received by a patient as part	958
of a case plan journalized under section 2151.412 of the Revised	959
Code or the court-ordered treatment or services are necessary or	960
relevant to dependency, neglect, or abuse or temporary or	961
permanent custody proceedings under Chapter 2151. of the Revised	962
Code.	963

(2) Nothing in division (G)(1) of this section shall relieve	964
a school guidance counselor or a person licensed or registered	965
under Chapter 4757. of the Revised Code from the requirement to	966
report information concerning child abuse or neglect under section	967
2151.421 of the Revised Code.	968

(H) A mediator acting under a mediation order issued under	969
division (A) of section 3109.052 of the Revised Code or otherwise	970
issued in any proceeding for divorce, dissolution, legal	971
separation, annulment, or the allocation of parental rights and	972
responsibilities for the care of children, in any action or	973
proceeding, other than a criminal, delinquency, child abuse, child	974
neglect, or dependent child action or proceeding, that is brought	975
by or against either parent who takes part in mediation in	976
accordance with the order and that pertains to the mediation	977
process, to any information discussed or presented in the	978
mediation process, to the allocation of parental rights and	979
responsibilities for the care of the parents' children, or to the	980
awarding of parenting time rights in relation to their children;	981

(I) A communications assistant, acting within the scope of	982
the communication assistant's authority, when providing	983
telecommunications relay service pursuant to section 4931.35 of	984
the Revised Code or Title II of the "Communications Act of 1934,"	985
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	986
made through a telecommunications relay service. Nothing in this	987
section shall limit the obligation of a communications assistant	988
to divulge information or testify when mandated by federal law or	989
regulation or pursuant to subpoena in a criminal proceeding.	990

Nothing in this section shall limit any immunity or privilege	991
granted under federal law or regulation.	992

(J)(1) A chiropractor in a civil proceeding concerning a	993
communication made to the chiropractor by a patient in that	994
relation or the chiropractor's advice to a patient, except as	995
otherwise provided in this division. The testimonial privilege	996
established under this division does not apply, and a chiropractor	997
may testify or may be compelled to testify, in any civil action,	998
in accordance with the discovery provisions of the Rules of Civil	999
Procedure in connection with a civil action, or in connection with	1000
a claim under Chapter 4123. of the Revised Code, under any of the	1001
following circumstances:	1002

(a) If the patient or the guardian or other legal	1003
representative of the patient gives express consent.	1004

(b) If the patient is deceased, the spouse of the patient or	1005
the executor or administrator of the patient's estate gives	1006
express consent.	1007

(c) If a medical claim, dental claim, chiropractic claim, or	1008
optometric claim, as defined in section 2305.113 of the Revised	1009
Code, an action for wrongful death, any other type of civil	1010
action, or a claim under Chapter 4123. of the Revised Code is	1011
filed by the patient, the personal representative of the estate of	1012
the patient if deceased, or the patient's guardian or other legal	1013
representative.	1014

(2) If the testimonial privilege described in division (J)(1)	1015
of this section does not apply as provided in division (J)(1)(c)	1016
of this section, a chiropractor may be compelled to testify or to	1017
submit to discovery under the Rules of Civil Procedure only as to	1018
a communication made to the chiropractor by the patient in	1019
question in that relation, or the chiropractor's advice to the	1020
patient in question, that related causally or historically to	1021
physical or mental injuries that are relevant to issues in the	1022
medical claim, dental claim, chiropractic claim, or optometric	1023
claim, action for wrongful death, other civil action, or claim	1024
under Chapter 4123. of the Revised Code.	1025

(3) The testimonial privilege established under this division	1026
does not apply, and a chiropractor may testify or be compelled to	1027
testify, in any criminal action or administrative proceeding.	1028

(4) As used in this division, "communication" means	1029
acquiring, recording, or transmitting any information, in any	1030
manner, concerning any facts, opinions, or statements necessary to	1031
enable a chiropractor to diagnose, treat, or act for a patient. A	1032
communication may include, but is not limited to, any	1033
chiropractic, office, or hospital communication such as a record,	1034
chart, letter, memorandum, laboratory test and results, x-ray,	1035
photograph, financial statement, diagnosis, or prognosis.	1036

(K)(1) Except as provided under division (K)(2) of this	1037
section, a critical incident stress management team member	1038
concerning a communication received from an individual who	1039
receives crisis response services from the team member, or the	1040
team member's advice to the individual, during a debriefing	1041
session.	1042

(2) The testimonial privilege established under division	1043
(K)(1) of this section does not apply if any of the following are	1044
true:	1045

(a) The communication or advice indicates clear and present	1046
danger to the individual who receives crisis response services or	1047
to other persons. For purposes of this division, cases in which	1048
there are indications of present or past child abuse or neglect of	1049
the individual constitute a clear and present danger.	1050

(b) The individual who received crisis response services	1051
gives express consent to the testimony.	1052

(c) If the individual who received crisis response services	1053
is deceased, the surviving spouse or the executor or administrator	1054
of the estate of the deceased individual gives express consent.	1055

(d) The individual who received crisis response services	1056
voluntarily testifies, in which case the team member may be	1057
compelled to testify on the same subject.	1058

(e) The court in camera determines that the information	1059
communicated by the individual who received crisis response	1060
services is not germane to the relationship between the individual	1061
and the team member.	1062

(f) The communication or advice pertains or is related to any	1063
criminal act.	1064

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

1065

(a) "Crisis response services" means consultation, risk	1066
assessment, referral, and on-site crisis intervention services	1067
provided by a critical incident stress management team to	1068
individuals affected by crisis or disaster.	1069

(b) "Critical incident stress management team member" or	1070
"team member" means an individual specially trained to provide	1071
crisis response services as a member of an organized community or	1072
local crisis response team that holds membership in the Ohio	1073
critical incident stress management network.	1074

(c) "Debriefing session" means a session at which crisis	1075
response services are rendered by a critical incident stress	1076
management team member during or after a crisis or disaster.	1077

(L)(1) Subject to division (L)(2) of this section and except	1078
as provided in division (L)(3) of this section, an employee	1079
assistance professional, concerning a communication made to the	1080
employee assistance professional by a client in the employee	1081
assistance professional's official capacity as an employee	1082
assistance professional.	1083

(2) Division (L)(1) of this section applies to an employee	1084
assistance professional who meets either or both of the following	1085
requirements:	1086

(a) Is certified by the employee assistance certification	1087
commission to engage in the employee assistance profession;	1088

(b) Has education, training, and experience in all of the	1089
following:	1090

(i) Providing workplace-based services designed to address	1091
employer and employee productivity issues;	1092

(ii) Providing assistance to employees and employees'	1093
dependents in identifying and finding the means to resolve	1094
personal problems that affect the employees or the employees'	1095
performance;	1096

(iii) Identifying and resolving productivity problems	1097
associated with an employee's concerns about any of the following	1098
matters: health, marriage, family, finances, substance abuse or	1099
other addiction, workplace, law, and emotional issues;	1100

(iv) Selecting and evaluating available community resources;

1101

(v) Making appropriate referrals;

1102

(vi) Local and national employee assistance agreements;

1103

(vii) Client confidentiality.

1104

(3) Division (L)(1) of this section does not apply to any of	1105
the following:	1106

(a) A criminal action or proceeding involving an offense	1107
under sections 2903.01 to 2903.06 of the Revised Code if the	1108
employee assistance professional's disclosure or testimony relates	1109
directly to the facts or immediate circumstances of the offense;	1110

(b) A communication made by a client to an employee	1111
assistance professional that reveals the contemplation or	1112
commission of a crime or serious, harmful act;	1113

(c) A communication that is made by a client who is an	1114
unemancipated minor or an adult adjudicated to be incompetent and	1115
indicates that the client was the victim of a crime or abuse;	1116

(d) A civil proceeding to determine an individual's mental	1117
competency or a criminal action in which a plea of not guilty by	1118
reason of insanity is entered;	1119

(e) A civil or criminal malpractice action brought against	1120
the employee assistance professional;	1121

(f) When the employee assistance professional has the express	1122
consent of the client or, if the client is deceased or disabled,	1123
the client's legal representative;	1124

(g) When the testimonial privilege otherwise provided by	1125
division (L)(1) of this section is abrogated under law.	1126

Sec. 4757.01.  As used in this chapter:

1127

(A) "Practice of professional counseling" means rendering or	1128
offering to render to individuals, groups, organizations, or the	1129
general public a counseling service involving the application of	1130
clinical counseling principles, methods, or procedures to assist	1131
individuals in achieving more effective personal, social,	1132
educational, or career development and adjustment, including the	1133
diagnosis and treatment of mental and emotional disorders.	1134

(B) "Clinical counseling principles, methods, or procedures"	1135
means an approach to counseling that emphasizes the counselor's	1136
role in systematically assisting clients through all of the	1137
following: assessing and analyzing background and current	1138
information, diagnosing mental and emotional disorders, exploring	1139
possible solutions, and developing and providing a treatment plan	1140
for mental and emotional adjustment or development. "Clinical	1141
counseling principles, methods, or procedures" includes at least	1142
counseling, appraisal, consulting, and referral.	1143

(C) "Practice of social work" means the application of	1144
specialized knowledge of human development and behavior and	1145
social, economic, and cultural systems in directly assisting	1146
individuals, families, and groups in a clinical setting to improve	1147
or restore their capacity for social functioning, including	1148
counseling, the use of psychosocial interventions, and the use of	1149
social psychotherapy, which includes the diagnosis and treatment	1150
of mental and emotional disorders.	1151

(D) "Accredited educational institution" means an institution	1152
accredited by a national or regional accrediting agency accepted	1153
by the board of regents.	1154

(E) "Scope of practice" means the services, methods, and	1155
techniques in which and the areas for which a person licensed or	1156
registered under this chapter is trained and qualified.	1157

(F) "Mental and emotional disorders" means those disorders	1158
that are classified in accepted nosologies such as the	1159
international classification of diseases and the diagnostic and	1160
statistical manual of mental disorders and in future editions of	1161
those nosologies.	1162

(G) "Marriage and family therapy" means the diagnosis,	1163
evaluation, assessment, counseling, management and treatment of	1164
mental and emotional disorders, whether cognitive, affective, or	1165
behavioral, within the context of marriage and family systems,	1166
through the professional application of marriage and family	1167
therapies and techniques.	1168

(H) "Practice of marriage and family therapy" means the	1169
diagnosis, treatment, evaluation, assessment, counseling, and	1170
management, of mental and emotional disorders, whether cognitive,	1171
affective or behavioral, within the context of marriage and family	1172
systems, to individuals, couples, and families, singly or in	1173
groups, whether those services are offered directly to the general	1174
public or through public or private organizations, for a fee,	1175
salary or other consideration through the professional application	1176
of marriage and family theories, therapies, and techniques,	1177
including, but not limited to psychotherapeutic theories,	1178
therapies and techniques that marriage and family therapists are	1179
educated and trained to perform.	1180

(I) "Art therapy" means the use of art media, images, and the	1181
creative art processes, and an individual's responses to the	1182
media, images, and processes, to help evaluate the individual's	1183
development, abilities, personality, interests, concerns, and	1184
conflicts for the purpose of reconciling emotional conflicts,	1185
fostering self-awareness, developing social skills, managing	1186
behavior, solving problems, reducing anxiety, aiding in reality	1187
orientation, or increasing self-esteem.	1188

Sec. 4757.02.  (A) Except as provided in division (C) of this	1189
section and section 4757.41 of the Revised Code:	1190

(1) No person shall engage in or claim to the public to be	1191
engaging in the practice of professional counseling for a fee,	1192
salary, or other consideration unless the person is currently	1193
licensed under this chapter as a professional clinical counselor	1194
or professional counselor.	1195

(2) No person shall practice or claim to the public to be	1196
practicing social work for a fee, salary, or other consideration	1197
unless the person is currently licensed under this chapter as an	1198
independent social worker or a social worker.	1199

(3) No person shall claim to the public to be a social work	1200
assistant unless the person is currently registered under this	1201
chapter as a social work assistant.	1202

(4) No person shall engage in the practice of marriage and	1203
family therapy or claim to the public to be engaging in the	1204
practice of marriage and family therapy unless the person is	1205
currently licensed under this chapter as a marriage and family	1206
therapist.	1207

(5) Beginning one year after the effective date of this	1208
amendment, no person shall engage in or claim to the public to be	1209
engaging in art therapy for a fee, salary, or other consideration	1210
unless the person is currently licensed under this chapter as an	1211
art therapist.	1212

(B)(1) No person shall use the title "professional clinical	1213
counselor," "professional counselor," or any other title or	1214
description incorporating the word "counselor" or any initials	1215
used to identify persons acting in those capacities unless	1216
currently authorized under this chapter by licensure to act in the	1217
capacity indicated by the title or initials.	1218

(2) No person shall use the title "social worker,"	1219
"independent social worker," "social work assistant," or any other	1220
title or description incorporating the words "social worker" or	1221
any initials used to identify persons acting in those capacities	1222
unless the person is currently authorized by licensure or	1223
registration under this chapter to act in the capacity indicated	1224
by the title or initials.	1225

(3) No person shall use the title "marriage and family	1226
therapist" or any initials used to identify persons acting in that	1227
capacity unless the person is currently authorized by licensure	1228
under this chapter to act in the capacity indicated by the title	1229
or initials.	1230

(4) Beginning one year after the effective date of this	1231
amendment, no person shall use the title "art therapist" or any	1232
other title or description that incorporates the phrase "art	1233
therapist"; otherwise hold the person out to be an art therapist;	1234
or use any initials commonly used to identify art therapists,	1235
unless the person is currently licensed under this chapter.	1236

(C)(1) Divisions (A)(1) to (3) of this section do not apply	1237
to the practice of marriage and family therapy by a person holding	1238
a valid license or temporary license as a marriage and family	1239
therapist or independent marriage and family therapist under this	1240
chapter.	1241

(2) Division (A)(4) of this section does not apply to the	1242
following persons licensed or registered under this chapter:	1243
professional clinical counselors, professional counselors,	1244
independent social workers, social workers, and social work	1245
assistants.	1246

(3) Division (A)(5) of this section does not apply to	1247
professional clinical counselors, independent social workers, or	1248
independent marriage and family therapists, licensed under this	1249
chapter, or to psychologists or psychiatrists.	1250

Sec. 4757.03.  There is hereby created the counselor, social	1251
worker, and marriage and family therapist, and art therapist	1252
board, consisting of fifteeneighteen members. The governor shall	1253
appoint the members with the advice and consent of the senate.	1254

Four of the members shall be individuals licensed under this	1255
chapter as professional clinical counselors or professional	1256
counselors. At all times, the counselor membership shall include	1257
at least two licensed professional clinical counselors, at least	1258
one individual who has received a doctoral degree in counseling	1259
from an accredited educational institution recognized by the board	1260
and holds a graduate level teaching position in a counselor	1261
education program, and at least two individuals who have received	1262
at least a master's degree in counseling from an accredited	1263
educational institution recognized by the board.	1264

Two of the members shall be individuals licensed under this	1265
chapter as independent marriage and family therapists and two	1266
shall be individuals licensed under this chapter as marriage and	1267
family therapists or, if the board has not yet licensed	1268
independent marriage and family therapists or marriage and family	1269
therapists, eligible for licensure as independent marriage and	1270
family therapists or marriage and family therapists. They shall	1271
have, during the five years preceding appointment, actively	1272
engaged in the practice of marriage and family therapy, in	1273
educating and training master's, doctoral, or postdoctoral	1274
students of marriage and family therapy, or in marriage and family	1275
therapy research and, during the two years immediately preceding	1276
appointment, shall have devoted the majority of their professional	1277
time to the activity while residing in this state.	1278

Two members shall be individuals licensed under this chapter	1279
as independent social workers. Two members shall be individuals	1280
licensed under this chapter as social workers, at least one of	1281
whom must hold a bachelor's or master's degree in social work from	1282
an accredited educational institution recognized by the board. At	1283
all times, the social worker membership shall include one educator	1284
who holds a teaching position in a baccalaureate or master's	1285
degree social work program at an accredited educational	1286
institution recognized by the board.	1287

ThreeTwo members shall be individuals licensed under this	1288
chapter as art therapists.	1289

Four members shall be representatives of the general public	1290
who have not practiced art therapy, professional counseling,	1291
marriage and family therapy, psychology or psychiatry, or social	1292
work and have not been involved in the delivery of art therapy,	1293
professional counseling, marriage and family therapy, psychology	1294
or psychiatry, or social work services. At least one of the	1295
members representing the general public shall be at least sixty	1296
years of age. During their terms the public members shall not	1297
practice art therapy, professional counseling, marriage and family	1298
therapy, psychology or psychiatry, or social work or be involved	1299
in the delivery of art therapy, professional counseling, marriage	1300
and family therapy, or social work services.	1301

Not more than eightten members of the board may be members	1302
of the same political party or sex. At least one member of the	1303
board shall be of African, Native American, Hispanic, or Asian	1304
descent.	1305

Of the initial appointees, three shall be appointed for terms	1306
ending October 10, 1985, four shall be appointed for terms ending	1307
October 10, 1986, and four shall be appointed for terms ending	1308
October 10, 1987. Of the two initial independent marriage and	1309
family therapists appointed to the board, one shall be appointed	1310
for a term ending two years after the effective date of this	1311
amendmentApril 7, 2003, and one for a term ending three years	1312
after that date. Of the two initial marriage and family therapists	1313
appointed to the board, one shall be appointed for a term ending	1314
two years after the effective date of this amendmentApril 7,	1315
2003, and one for a term ending three years after that date. Of	1316
the two initial art therapists appointed to the board, one shall	1317
be appointed for a term ending one year after the effective date	1318
of this amendment and one for a term ending three years after that	1319
date. The additional public member appointed to the board shall be	1320
appointed for a term ending three years after the effective date	1321
of this amendment. After the initial appointments, terms of office	1322
shall be three years, each term ending on the same day of the same	1323
month of the year as did the term that it succeeds.	1324

A member shall hold office from the date of appointment until	1325
the end of the term for which the member was appointed. A member	1326
appointed to fill a vacancy occurring prior to the expiration of	1327
the term for which the member's predecessor was appointed shall	1328
hold office for the remainder of that term. A member shall	1329
continue in office after the expiration date of the member's term	1330
until a successor takes office or until a period of sixty days has	1331
elapsed, whichever occurs first. Members may be reappointed,	1332
except that if a person has held office for two consecutive full	1333
terms, the person shall not be reappointed to the board sooner	1334
than one year after the expiration of the second full term as a	1335
member of the board.	1336

Sec. 4757.04.  Within the counselor, social worker, and	1337
marriage and family therapist, and art therapist board, there is	1338
hereby created the counselors professional standards committee,	1339
the social workers professional standards committee, and the	1340
marriage and family therapist professional standards committee,	1341
and the art therapist professional standards committee.	1342

The counselors professional standards committee consists	1343
shall consist of the board's professional clinical counselor and	1344
professional counselor members and one of the members representing	1345
the public who is not the member representing the public on the	1346
marriage and family therapist professional standards committee or	1347
the social workers professional standards committee. The	1348
committee has full authority to act on behalf of the board on	1349
all matters concerning professional clinical counselors and	1350
professional counselors.	1351

The social workers professional standards committee consists	1352
shall consist of the board's independent social worker and social	1353
worker members and one of the members representing the public who	1354
is not the member representing the public on the counselors	1355
professional standards committee or the marriage and family	1356
therapist professional standards committee. The committee has	1357
full authority to act on behalf of the board on all matters	1358
concerning independent social workers, social workers, and	1359
social work assistants.	1360

The marriage and family therapist professional standards	1361
committee consistsshall consist of the board's marriage and	1362
family therapists and one of the members representing the public	1363
who is not the member representing the public on the counselors	1364
professional standards committee or the social workers	1365
professional standards committee. The committee has full authority	1366
to act on behalf of the board on all matters concerning	1367
independent marriage and family therapists and marriage and	1368
family therapists.	1369

The art therapist professional standards committee shall	1370
consist of the board's art therapist members. The committee has	1371
full authority to act on behalf of the board on all matters	1372
concerning art therapists.	1373

Each of the board's committees shall also include one of the	1374
board's members representing the public. A public member shall not	1375
serve on more than one of the committees.	1376

Sec. 4757.05.  (A) The counselor, social worker, and marriage	1377
and family therapist, and art therapist board shall meet as a	1378
whole to discuss and review issues regarding personnel, budgetary	1379
matters, administration, and any other matter pertaining to the	1380
operation of the entire board. The board shall hold at least one	1381
regular meeting every three months. Additional meetings may be	1382
held at such times as the board determines, upon call of the	1383
chairperson, or upon the written request of fourseven or more	1384
members of the board to the executive director. If fourseven or	1385
more members so request a meeting, the executive director shall	1386
call a meeting to commence in not more than seven days. EightTen	1387
members of the board constitute a quorum to conduct business.	1388
Except as provided in section 4757.39 of the Revised Code, no	1389
action shall be taken without the concurrence of at least a	1390
quorum.	1391

The counselors professional standards committee, the social	1392
workers professional standards committee, and the marriage and	1393
family therapist professional standards committee, and the art	1394
therapist professional standards committee, shall meet as	1395
necessary to fulfill their duties established by this chapter and	1396
the rules adopted under it. Three members of a committeethe	1397
counselors, social workers, and marriage and family therapists	1398
committees constitute a quorum for thateach committee to conduct	1399
business. Two members of the art therapists committee constitute a	1400
quorum to conduct business. No action shall be taken without the	1401
concurrence of at least a quorum.	1402

(B) At its first meeting each year, the board shall elect a	1403
chairperson from among its members. At the first meeting held each	1404
year by the board's professional standards committees, each	1405
committee shall elect from among its members a chairperson. The	1406
chairpersons of the committees shall serve as co-vice-chairpersons	1407
of the board. Neither the board nor its committees shall elect a	1408
member to serve more than two consecutive terms in the same	1409
office.	1410

(C) The board shall employ an executive director. The board	1411
may employ and prescribe the powers and duties of such employees	1412
and consultants as are necessary for it and its professional	1413
standards committees to carry out this chapter and rules adopted	1414
under it.	1415

(D) The members of the board shall receive an amount fixed	1416
under division (J) of section 124.15 of the Revised Code for each	1417
day employed in the discharge of their official duties as board or	1418
committee members and shall be reimbursed for their necessary and	1419
actual expenses incurred in the performance of their official	1420
duties.	1421

(E) The board and each of its professional standards	1422
committees shall keep any records and minutes necessary to fulfill	1423
the duties established by this chapter and the rules adopted under	1424
it.	1425

Sec. 4757.06.  The counselor, social worker, and marriage and	1426
family therapist, and art therapist board shall adopt a seal to	1427
authenticate its records and proceedings. Each of the board's	1428
professional standards committees shall use the seal to	1429
authenticate its records and proceedings.	1430

A statement, signed by the executive director of the board to	1431
which is affixed the official seal of the board, to the effect	1432
that a person specified in the statement is not currently licensed	1433
or registered under this chapter or that a license or certificate	1434
of registration has been revoked or suspended, shall be received	1435
as prima-facie evidence of a record of the board in any court or	1436
before any officer of the state.	1437

Sec. 4757.07.  The counselor, social worker, and marriage and	1438
family therapist, and art therapist board and its professional	1439
standards committees shall not discriminate against any licensee,	1440
registrant, or applicant for a license or certificate of	1441
registration under this chapter because of the person's race,	1442
color, religion, sex, national origin, disability as defined in	1443
section 4112.01 of the Revised Code, or age. The board or	1444
committee, as appropriate, shall afford a hearing to any person	1445
who files with the board or committee a statement alleging	1446
discrimination based on any of those reasons.	1447

Sec. 4757.10.  The counselor, social worker, and marriage and	1448
family therapist, and art therapist board may adopt any rules	1449
necessary to carry out this chapter.	1450

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

1451

(A) Concern intervention for and treatment of any impaired	1452
person holding a license or certificate of registration issued	1453
under this chapter;	1454

(B) Establish standards for training and experience of	1455
supervisors described in division (C) of section 4757.30 of the	1456
Revised Code;	1457

(C) Define the requirement that an applicant be of good moral	1458
character in order to be licensed or registered under this	1459
chapter;	1460

(D) Establish requirements for criminal records checks of	1461
applicants under section 4776.03 of the Revised Code.	1462

All rules adopted under this section shall be adopted in	1463
accordance with Chapter 119. of the Revised Code. When it adopts	1464
rules under this section or any other section of this chapter, the	1465
board may consider standards established by any national	1466
association or other organization representing the interests of	1467
those involved in professional counseling, social work, or	1468
marriage and family therapythe professions governed by the board	1469
under this chapter.	1470

Sec. 4757.101.  (A) As used in this section, "license" and	1471
"applicant for an initial license" have the same meanings as in	1472
section 4776.01 of the Revised Code, except that "license" as used	1473
in both of those terms refers to the types of authorizations	1474
otherwise issued or conferred under this chapter.	1475

(B) In addition to any other eligibility requirement set	1476
forth in this chapter, each applicant for an initial license shall	1477
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1478
counselor, social worker, and marriage and family therapist, and	1479
art therapist board shall not grant a license to an applicant for	1480
an initial license unless the applicant complies with sections	1481
4776.01 to 4776.04 of the Revised Code and the board, in its	1482
discretion, decides that the results of the criminal records	1483
check do not make the applicant ineligible for a license issued	1484
pursuant to section 4757.22, 4757.23, 4757.27, 4757.28, 4757.29,	1485
4757.30, or 4757.301 of the Revised Codeunder this chapter.	1486

Sec. 4757.11.  The counselor, social worker, and marriage and	1487
family therapist, and art therapist board shall establish a code	1488
of ethical practice for persons licensed or registered under this	1489
chapter as professional clinical counselors or professional	1490
counselors. The board shall establish a code of ethical practice	1491
for persons licensed under this chapter as independent social	1492
workers or social workers, persons registered under this chapter	1493
as social work assistants, and persons licensed as independent	1494
marriage and family therapists or marriage and family therapists.	1495
The codes of ethical practice shall be established by adopting	1496
rules in accordance with Chapter 119. of the Revised Code. The	1497
codes of ethical practice shall define unprofessional conduct,	1498
which shall include engaging in a dual relationship with a client	1499
or former client, committing an act of sexual abuse, misconduct,	1500
or exploitation of a client or former client, and, except as	1501
permitted by law, violating client confidentiality. The codes of	1502
ethical practice may be based on any codes of ethical practice	1503
developed by national organizations representing the interests of	1504
those involved in professional counseling, social work, or	1505
marriage and family therapythe professions governed by the board	1506
under this chapter. The board may establish standards in its codes	1507
of ethical practice that are more stringent than those established	1508
by national organizations.	1509

Sec. 4757.12.  (A) A person who is licensed or registered	1510
under this chapter, and a person or agency that employs a person	1511
licensed or registered under this chapter, may charge a client or	1512
receive remuneration for professional counseling, social work, or	1513
marriage and family therapy services only if one of the following	1514
applies:	1515

(1) Prior to the performance of services, the client is	1516
furnished a copy of a professional disclosure statement containing	1517
the information described in division (B) of this section;	1518

(2) A professional disclosure statement containing the	1519
information described in division (B) of this section is displayed	1520
in a conspicuous location at the place where the services are	1521
performed and a copy of the statement is provided to the client	1522
upon request.	1523

(B) The professional disclosure statement required by	1524
division (A) of this section shall contain the following:	1525

(1) The name, title, business address, and business telephone	1526
number of the professional clinical counselor, professional	1527
counselor, social work assistant, social worker, independent	1528
social worker, independent marriage and family therapist, or	1529
marriage and family therapistperson performing the services;	1530

(2) The formal professional education of the person	1531
performing the services, including the institutions the person	1532
attended, the dates attended, and the degrees received from them;	1533

(3) The areas of competence in the field in which the person	1534
is licensed or registered and the services the person provides;	1535

(4) In the case of a person who is engaged in a private	1536
individual practice, partnership, or group practice, the person's	1537
fee schedule, listed by type of service or hourly rate;	1538

(5) At the bottom of the first page of the disclosure	1539
statement, the words, "This information is required by the	1540
counselor, social worker, and marriage and family therapist, and	1541
art therapist board, which regulates the practices of professional	1542
counseling, social work, and marriage and family therapy, and art	1543
therapy in this state." and, immediately beneath those words, the	1544
name, address, and telephone number of the board.	1545

Sec. 4757.15.  The counselor, social worker, and marriage and	1546
family therapist, and art therapist board shall prepare, cause to	1547
be prepared, or procure the use of, and grade, have graded, or	1548
procure the grading of, counseling, social work, and marriage and	1549
family therapist examinations to determine the competence of	1550
applicants for such licensure under this chapter. The board may	1551
administer separate examinations to reflect differences in	1552
educational degrees earned by applicants. The board may develop	1553
the examinations or use examinations prepared by state or national	1554
organizations that represent the interests of those involved in	1555
professional counseling, social work, or marriage and family	1556
therapy. The board shall conduct examinations at least twice each	1557
year and shall determine the level of competence necessary for a	1558
passing score.	1559

Sec. 4757.16.  (A) A person seeking to be licensed under this	1560
chapter as a professional clinical counselor or, professional	1561
counselor, independent social worker, social worker, independent	1562
marriage and family therapist, marriage and family therapist, or	1563
art therapist, or seeking to be registered under this chapter as a	1564
social work assistant, shall file with the counselorsappropriate	1565
professional standards committee of the counselor, social worker,	1566
and marriage and family therapist board a written application on a	1567
form prescribed by the counselor, social worker, marriage and	1568
family therapist, and art therapist board. A person seeking to be	1569
licensed under this chapter as an independent social worker or	1570
social worker or registered under this chapter as a social work	1571
assistant shall file with the social workers professional	1572
standards committee of the board a written application on a form	1573
prescribed by the board. A person seeking to be licensed under	1574
this chapter as an independent marriage and family therapist or a	1575
marriage and family therapist shall file with the marriage and	1576
family therapist professional standards committee of the board a	1577
written application on a form prescribed by the board.	1578

Each form prescribed by the board shall contain a statement	1579
informing the applicant that a person who knowingly makes a false	1580
statement on the form is guilty of falsification under section	1581
2921.13 of the Revised Code, a misdemeanor of the first degree.	1582

(B) The professional standards committees shall review each	1583
application received and shall determine whether the applicant	1584
meets the requirements to receive the license or certificate of	1585
registration for which application has been made.	1586

Sec. 4757.17.  The professional standards committees of the	1587
counselor, social worker, and marriage and family therapist, and	1588
art therapist board shall review the applications of applicants	1589
for licensure or registration under this chapter who have received	1590
a post-secondary degree from an educational institution outside	1591
the United States. The committee reviewing the application shall	1592
determine whether the applicant's experience, command of the	1593
English language, and completed academic program meet the	1594
standards of an academic program of an accredited educational	1595
institution. If they do, the applicant shall be considered to have	1596
received the education from an accredited educational institution	1597
as required by this chapter and rules adopted under it.	1598

Sec. 4757.18.  The counselor, social worker, and marriage and	1599
family therapist, and art therapist board may enter into a	1600
reciprocal agreement with any state that regulates individuals	1601
practicing in the same capacities as those regulated under this	1602
chapter if the board finds that the state has requirements	1603
substantially equivalent to the requirements this state has for	1604
receipt of a license or certificate of registration under this	1605
chapter. In a reciprocal agreement, the board agrees to issue the	1606
appropriate license or certificate of registration to any resident	1607
of the other state whose practice is currently authorized by that	1608
state if that state's regulatory body agrees to authorize the	1609
appropriate practice of any resident of this state who holds a	1610
valid license or certificate of registration issued under this	1611
chapter.	1612

The professional standards committees of the board may, by	1613
endorsement, issue the appropriate license or certificate of	1614
registration to a resident of a state with which the board does	1615
not have a reciprocal agreement, if the person submits proof	1616
satisfactory to the committee of currently being licensed,	1617
certified, registered, or otherwise authorized to practice by that	1618
state.	1619

Sec. 4757.19.  On receipt of a notice pursuant to section	1620
3123.43 of the Revised Code, the counselor, social worker, and	1621
marriage and family therapist, and art therapist board shall	1622
comply with sections 3123.41 to 3123.50 of the Revised Code and	1623
any applicable rules adopted under section 3123.63 of the Revised	1624
Code with respect to a license or certificate of registration	1625
issued pursuant to this chapter.	1626

Sec. 4757.22.  (A) The counselors professional standards	1627
committee of the counselor, social worker, and marriage and family	1628
therapist, and art therapist board shall issue a license to	1629
practice as a professional clinical counselor to each applicant	1630
who submits a properly completed application, pays the fee	1631
established under section 4757.31 of the Revised Code, and meets	1632
the requirements specified in division (B) of this section.	1633

(B) To be eligible for a professional clinical counselor	1634
license, an individual must meet the following requirements:	1635

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

1636

(2) The individual must hold from an accredited educational	1637
institution a graduate degree in counseling.	1638

(3) The individual must complete a minimum of ninety quarter	1639
hours of graduate credit in counselor training acceptable to the	1640
committee, including a minimum of thirty quarter hours of	1641
instruction in the following areas:	1642

(a) Clinical psychopathology, personality, and abnormal	1643
behavior;	1644

(b) Evaluation of mental and emotional disorders;

1645

(c) Diagnosis of mental and emotional disorders;

1646

(d) Methods of prevention, intervention, and treatment of	1647
mental and emotional disorders.	1648

(4) The individual must complete, in either a private or	1649
clinical counseling setting, supervised experience in counseling	1650
that is of a type approved by the committee, is supervised by a	1651
professional clinical counselor or other qualified professional	1652
approved by the committee, and is in the following amounts:	1653

(a) In the case of an individual holding only a master's	1654
degree, not less than two years of experience, which must be	1655
completed after the award of the master's degree;	1656

(b) In the case of an individual holding a doctorate, not	1657
less than one year of experience, which must be completed after	1658
the award of the doctorate.	1659

(5) The individual must pass a field evaluation that meets	1660
the following requirements:	1661

(a) Has been completed by the applicant's instructors,	1662
employers, supervisors, or other persons determined by the	1663
committee to be competent to evaluate an individual's professional	1664
competence;	1665

(b) Includes documented evidence of the quality, scope, and	1666
nature of the applicant's experience and competence in diagnosing	1667
and treating mental and emotional disorders.	1668

(6) The individual must pass an examination administered by	1669
the board for the purpose of determining ability to practice as a	1670
professional clinical counselor.	1671

(C) To be accepted by the committee for purposes of division	1672
(B) of this section, counselor training must include at least the	1673
following:	1674

(1) Instruction in human growth and development; counseling	1675
theory; counseling techniques; group dynamics, processing, and	1676
counseling; appraisal of individuals; research and evaluation;	1677
professional, legal, and ethical responsibilities; social and	1678
cultural foundations; and lifestyle and career development;	1679

(2) Participation in a supervised practicum and internship in	1680
counseling.	1681

(D) The committee may issue a provisional license to an	1682
applicant who meets all of the requirements to be licensed under	1683
this section, pending the receipt of transcripts or action by the	1684
committee to issue a license to practice as a professional	1685
clinical counselor.	1686

(E) An individual may not sit for the licensing examination	1687
unless the individual meets the educational requirements to be	1688
licensed under this section. An individual who is denied admission	1689
to the licensing examination may appeal the denial in accordance	1690
with Chapter 119. of the Revised Code.	1691

(F) The board shall adopt any rules necessary for the	1692
committee to implement this section, including criteria for the	1693
committee to use in determining whether an applicant's training	1694
should be accepted and supervised experience approved. Rules	1695
adopted under this division shall be adopted in accordance with	1696
Chapter 119. of the Revised Code.	1697

Sec. 4757.23.  (A) The counselors professional standards	1698
committee of the counselor, social worker, and marriage and family	1699
therapist, and art therapist board shall issue a license as a	1700
professional counselor to each applicant who submits a properly	1701
completed application, pays the fee established under section	1702
4757.31 of the Revised Code, and meets the requirements	1703
established under division (B) of this section.	1704

(B) To be eligible for a license as a professional counselor,	1705
an individual must meet the following requirements:	1706

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

1707

(2) The individual must hold from an accredited educational	1708
institution a graduate degree in counseling.	1709

(3) The individual must complete a minimum of ninety quarter	1710
hours of graduate credit in counselor training acceptable to the	1711
committee, which the individual may complete while working toward	1712
receiving a graduate degree in counseling or subsequent to	1713
receiving the degree.	1714

(4) The individual must pass an examination administered by	1715
the board for the purpose of determining ability to practice as a	1716
professional counselor.	1717

(C) To be accepted by the committee for purposes of division	1718
(B) of this section, counselor training must include at least the	1719
following:	1720

(1) Instruction in human growth and development; counseling	1721
theory; counseling techniques; group dynamics, processing, and	1722
counseling; appraisal of individuals; research and evaluation;	1723
professional, legal, and ethical responsibilities; social and	1724
cultural foundations; and lifestyle and career development;	1725

(2) Participation in a supervised practicum and internship in	1726
counseling.	1727

(D) The committee may issue a provisional license to an	1728
applicant who meets all of the requirements to be licensed under	1729
this section, pending the receipt of transcripts or action by the	1730
committee to issue a license as a professional counselor.	1731

(E) An individual may not sit for the licensing examination	1732
unless the individual meets the educational requirements to be	1733
licensed under this section. An individual who is denied admission	1734
to the licensing examination may appeal the denial in accordance	1735
with Chapter 119. of the Revised Code.	1736

(F) The board shall adopt any rules necessary for the	1737
committee to implement this section, including criteria for the	1738
committee to use in determining whether an applicant's training	1739
should be accepted. Rules adopted under this division shall be	1740
adopted in accordance with Chapter 119. of the Revised Code.	1741

Sec. 4757.27.  (A) The social workers professional standards	1742
committee of the counselor, social worker, and marriage and family	1743
therapist, and art therapist board shall issue a license as an	1744
independent social worker to each applicant who submits a properly	1745
completed application, pays the fee established under section	1746
4757.31 of the Revised Code, and meets the requirements specified	1747
in division (B) of this section. An independent social worker	1748
license shall clearly indicate each academic degree earned by the	1749
person to whom it has been issued.	1750

(B) To be eligible for a license as an independent social	1751
worker, an individual must meet the following requirements:	1752

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

1753

(2) The individual must hold from an accredited educational	1754
institution a master's degree or a doctorate in social work.	1755

(3) The individual must complete at least two years of	1756
post-master's degree social work experience supervised by an	1757
independent social worker.	1758

(4) The individual must pass an examination administered by	1759
the board for the purpose of determining ability to practice as an	1760
independent social worker.	1761

(C) The committee may issue a temporary license to an	1762
applicant who meets all of the requirements to be licensed under	1763
this section, pending the receipt of transcripts or action by the	1764
committee to issue a license as an independent social worker.	1765

(D) The board shall adopt any rules necessary for the	1766
committee to implement this section, including criteria for the	1767
committee to use in determining whether an applicant's training	1768
should be accepted and supervised experience approved. Rules	1769
adopted under this division shall be adopted in accordance with	1770
Chapter 119. of the Revised Code.	1771

Sec. 4757.28.  (A) The social workers professional standards	1772
committee of the counselor, social worker, and marriage and family	1773
therapist, and art therapist board shall issue a license as a	1774
social worker to each applicant who submits a properly completed	1775
application, pays the fee established under section 4757.31 of the	1776
Revised Code, and meets the requirements specified in division (B)	1777
of this section. A social worker license shall clearly indicate	1778
each academic degree earned by the person to whom it is issued.	1779

(B) To be eligible for a license as a social worker, an	1780
individual must meet the following requirements:	1781

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

1782

(2) The individual must hold from an accredited educational	1783
institution one of the following:	1784

(a) A baccalaureate degree in social work or, prior to	1785
October 10, 1992, a baccalaureate degree in a program closely	1786
related to social work and approved by the committee;	1787

(b) A master's degree in social work;

1788

(c) A doctorate in social work.

1789

(3) The individual must pass an examination administered by	1790
the board for the purpose of determining ability to practice as a	1791
social worker.	1792

(C) The committee may issue a temporary license to an	1793
applicant who meets all of the requirements to be licensed under	1794
this section, pending the receipt of transcripts or action by the	1795
committee to issue a license as a social worker. However, the	1796
committee may issue a temporary license to an applicant who	1797
provides the board with a statement from the applicant's academic	1798
institution indicating that the applicant is in good standing with	1799
the institution, that the applicant has met the academic	1800
requirements for the applicant's degree, and the date the	1801
applicant will receive the applicant's degree.	1802

(D) The board shall adopt any rules necessary for the	1803
committee to implement this section, including criteria for the	1804
committee to use in determining whether an applicant's training	1805
should be accepted and supervised experience approved. Rules	1806
adopted under this division shall be adopted in accordance with	1807
Chapter 119. of the Revised Code.	1808

Sec. 4757.29.  (A) The social workers professional standards	1809
committee of the counselor, social worker, and marriage and family	1810
therapist, and art therapist board shall issue a certificate of	1811
registration as a social work assistant to each applicant who	1812
submits a properly completed application, pays the fee established	1813
under section 4757.31 of the Revised Code, is of good moral	1814
character, and holds from an accredited educational institution an	1815
associate degree in social service technology or a bachelor's	1816
degree that is equivalent to an associate degree in social service	1817
technology or a related bachelor's or higher degree that is	1818
approved by the committee.	1819

(B) On and after March 18, 1997, a counselor assistant	1820
certificate of registration issued under former section 4757.08 of	1821
the Revised Code shall be considered a certificate of registration	1822
as a social work assistant. The holder of the certificate is	1823
subject to the supervision requirements specified in section	1824
4757.26 of the Revised Code, the continuing education requirements	1825
specified in section 4757.33 of the Revised Code, and regulation	1826
by the social workers professional standards committee. On the	1827
first renewal occurring after March 18, 1997, the committee shall	1828
issue a certificate of registration as a social work assistant to	1829
each former counselor assistant who qualifies for renewal.	1830

(C) The social workers professional standards committee shall	1831
issue a certificate of registration as a social work assistant to	1832
any person who, on or before March 18, 1998, meets the	1833
requirements for a certificate of registration as a counselor	1834
assistant pursuant to division (A)(3) of former section 4757.08 of	1835
the Revised Code, submits a properly completed application, pays	1836
the fee established under section 4757.31 of the Revised Code, and	1837
is of good moral character.	1838

Sec. 4757.30.  (A) The marriage and family therapist	1839
professional standards committee of the counselor, social worker,	1840
and marriage and family therapist, and art therapist board shall	1841
issue a license to practice as a marriage and family therapist	1842
to a person who has done all of the following:	1843

(1) Properly completed an application for the license;

1844

(2) Paid the required fee established by the board under	1845
section 4757.31 of the Revised Code;	1846

(3) Achieved one of the following:

1847

(a) Received from an educational institution accredited at	1848
the time the degree was granted by a regional accrediting	1849
organization recognized by the board a master's degree or a	1850
doctorate in marriage and family therapy;	1851

(b) Completed a graduate degree that includes a minimum of	1852
ninety quarter hours of graduate level course work in marriage and	1853
family therapy training that is acceptable to the committee;	1854

(4) Passed an examination administered by the board for the	1855
purpose of determining the person's ability to be a marriage and	1856
family therapist;	1857

(5) Completed a practicum that includes at least three	1858
hundred hours of client contact.	1859

(B) To be accepted by the committee for purposes of division	1860
(A)(3)(b) of this section, marriage and family therapist training	1861
must include instruction in at least the following:	1862

(1) Research and evaluation;

1863

(2) Professional, legal, and ethical responsibilities;

1864

(3) Marriage and family studies;

1865

(4) Marriage and family therapy, including therapeutic theory	1866
and techniques for individuals, groups, and families;	1867

(5) Human development;

1868

(6) Appraisal of individuals and families;

1869

(7) Diagnosis of mental and emotional disorders;

1870

(8) Systems theory.

1871

(C) The marriage and family therapist professional standards	1872
committee shall issue a license to practice as an independent	1873
marriage and family therapist to a person who does both of the	1874
following:	1875

(1) Meets all of the requirements of division (A) of this	1876
section;	1877

(2) After meeting the requirements of division (A)(3) of	1878
this section, completes at least two calendar years of work	1879
experience in marriage and family therapy.	1880

The two calendar years of work experience must include one	1881
thousand hours of documented client contact in marriage and family	1882
therapy. Two hundred hours of the one thousand hours must include	1883
face-to-face supervision by a supervisor whose training and	1884
experience meets standards established by the board in rules	1885
adopted under section 4757.10 of the Revised Code and one hundred	1886
hours of the two hundred hours of supervision must be individual	1887
supervision.	1888

(D) An independent marriage and family therapist or a	1889
marriage and family therapist may engage in the private practice	1890
of marriage and family therapy as an individual practitioner or as	1891
a member of a partnership or group practice.	1892

(E) A marriage and family therapist may diagnose and treat	1893
mental and emotional disorders only under the supervision of a	1894
psychologist, psychiatrist, professional clinical counselor,	1895
independent social worker, or independent marriage and family	1896
therapist. An independent marriage and family therapist may	1897
diagnose and treat mental and emotional disorders without	1898
supervision.	1899

(F) Nothing in this chapter or rules adopted under it	1900
authorizes an independent marriage and family therapist or a	1901
marriage and family therapist to admit a patient to a hospital or	1902
requires a hospital to allow a marriage and family therapist to	1903
admit a patient.	1904

(G) An independent marriage and family therapist or a	1905
marriage and family therapist may not diagnose, treat, or advise	1906
on conditions outside the recognized boundaries of the marriage	1907
and family therapist's competency. An independent marriage and	1908
family therapist or a marriage and family therapist shall make	1909
appropriate and timely referrals when a client's needs exceed the	1910
marriage and family therapist's competence level.	1911

Sec. 4757.301.  On receipt of an application for a license as	1912
a marriage and family therapist, the counselor, social worker, and	1913
marriage and family therapist, and art therapist board may issue a	1914
temporary license to an individual who qualifies under division	1915
(A) of section 4757.30 of the Revised Code for licensure as a	1916
marriage and family therapist or divisions (A) and (C) of section	1917
4757.30 of the Revised Code for licensure as an independent	1918
marriage and family therapist, except that the individual is	1919
awaiting the next opportunity to take an examination required by	1920
the board under that division. The temporary license allows the	1921
holder to engage in the practice of independent marriage and	1922
family therapy or marriage and family therapy as appropriate and	1923
is valid from the date of issuance until the earlier of one year	1924
from that date, the date the applicant withdraws from taking the	1925
examination, the date the applicant is notified that the applicant	1926
failed the examination, or the date the applicant's license is	1927
issued under section 4757.30 of the Revised Code. A temporary	1928
license may not be renewed.	1929

Sec. 4757.31.  (A) Subject to division (B) of this section,	1930
the counselor, social worker, and marriage and family therapist,	1931
and art therapist board shall establish, and may from time to time	1932
adjust, fees to be charged for the following:	1933

(1) Examination for licensure as a professional clinical	1934
counselor, professional counselor, marriage and family therapist,	1935
independent marriage and family therapist, social worker, or	1936
independent social worker;	1937

(2) Initial licenses of professional clinical counselors,	1938
professional counselors, marriage and family therapists,	1939
independent marriage and family therapists, social workers, and	1940
independent social workers, and art therapists except that the	1941
board shall charge only one fee to a person who fulfills all	1942
requirements for more than one of the following initial licenses:	1943
an initial license as a social worker or independent social	1944
worker, an initial license as a professional counselor or	1945
professional clinical counselor, and an initial license as a	1946
marriage and family therapist or independent marriage and family	1947
therapist, and an initial license as an art therapist;	1948

(3) Initial certificates of registration of social work	1949
assistants;	1950

(4) Renewal of licenses of professional clinical counselors,	1951
professional counselors, marriage and family therapists,	1952
independent marriage and family therapists, art therapists, social	1953
workers, and independent social workers and renewal of	1954
certificates of registration of social work assistants.	1955

(B) The fees charged under division (A)(1) of this section	1956
shall be established in amounts sufficient to cover the direct	1957
expenses incurred in examining applicants for licensure. The fees	1958
charged under divisions (A)(2), (3), and (4) of this section shall	1959
be nonrefundable and shall be established in amounts sufficient to	1960
cover the necessary expenses in administering this chapter and	1961
rules adopted under it that are not covered by fees charged under	1962
division (A)(1) or (C) of this section. The renewal fee for a	1963
license or certificate of registration shall not be less than the	1964
initial fee for that license or certificate. The fees charged for	1965
licensure and registration and the renewal of licensure and	1966
registration may differ for the various types of licensure and	1967
registration, but shall not exceed one hundred twenty-five dollars	1968
each, unless the board determines that amounts in excess of one	1969
hundred twenty-five dollars are needed to cover its necessary	1970
expenses in administering this chapter and rules adopted under it	1971
and the amounts in excess of one hundred twenty-five dollars are	1972
approved by the controlling board.	1973

(C) All receipts of the board shall be deposited in the state	1974
treasury to the credit of the occupational licensing and	1975
regulatory fund. All vouchers of the board shall be approved by	1976
the chairperson or executive director of the board, or both, as	1977
authorized by the board.	1978

Sec. 4757.32.  A license or certificate of registration	1979
issued under this chapter expires two years after it is issued and	1980
may be renewed in accordance with the standard renewal procedure	1981
established under Chapter 4745. of the Revised Code.	1982

Subject to section 4757.36 of the Revised Code, the staff of	1983
the appropriate professional standards committee of the counselor,	1984
social worker, and marriage and family therapist, and art	1985
therapist board shall, on behalf of each committee, issue a	1986
renewed license or certificate of registration to each applicant	1987
who has paid the renewal fee established by the board under	1988
section 4757.31 of the Revised Code and, satisfied the continuing	1989
education requirements established by the board under section	1990
4757.33 of the Revised Code, and in the case of an art therapist,	1991
maintained the appropriate certification or registration from the	1992
art therapy credentials board, inc.	1993

A license or certificate of registration that is not renewed	1994
lapses on its expiration date. A license or certificate of	1995
registration that has lapsed may be restored if the individual,	1996
not later than two years after the license or certificate expired,	1997
applies for restoration of the license or certificate. The staff	1998
of the appropriate professional standards committee shall issue a	1999
restored license or certificate of registration to the applicant	2000
if the applicant pays the renewal fee established under section	2001
4757.31 of the Revised Code and satisfies the continuing education	2002
requirements established under section 4757.33 of the Revised Code	2003
for restoring the license or certificate of registration. The	2004
board and its professional standards committees shall not require	2005
a person to take an examination as a condition of having a lapsed	2006
license or certificate of registration restored.	2007

Sec. 4757.33.  (A) Except as provided in division (B) of this	2008
section, each person who holds a license or certificate of	2009
registration issued under this chapter shall complete during the	2010
period that the license or certificate is in effect not less than	2011
thirty clock hours of continuing professional education as a	2012
condition of receiving a renewed license or certificate. To have a	2013
lapsed license or certificate of registration restored, a person	2014
shall complete the number of hours of continuing education	2015
specified by the counselor, social worker, and marriage and family	2016
therapist, and art therapist board in rules it shall adopt in	2017
accordance with Chapter 119. of the Revised Code.	2018

The professional standards committees of the counselor,	2019
social worker, and marriage and family therapist board shall adopt	2020
rules in accordance with Chapter 119. of the Revised Code	2021
establishing standards and procedures to be followed by the	2022
committees in conducting the continuing education approval	2023
process.	2024

(B) The board may waive the continuing education requirements	2025
established under this section for persons who are unable to	2026
fulfill them because of military service, illness, residence	2027
abroad, or any other reason the committee considers acceptable.	2028

In the case of a social worker licensed by virtue of	2029
receiving, prior to October 10, 1992, a baccalaureate degree in a	2030
program closely related to social work, as a condition of the	2031
first renewal of the license, the social worker must complete at	2032
an accredited educational institution a minimum of five semester	2033
hours of social work graduate or undergraduate credit, or their	2034
equivalent, that is acceptable to the committee and includes a	2035
course in social work theory and a course in social work methods.	2036

Sec. 4757.34.  Not later than ninety days after December 9,	2037
1994, the counselor, social worker, and marriage and family	2038
therapist, and art therapist board shall approve one or more	2039
continuing education courses of study that assist social workers,	2040
independent social workers, social work assistants, independent	2041
marriage and family therapists, marriage and family therapists,	2042
professional clinical counselors, and professional counselors, and	2043
art therapists in recognizing the signs of domestic violence and	2044
its relationship to child abuse. Social workers, independent	2045
social workers, social work assistants, independent marriage and	2046
family therapists, marriage and family therapists, professional	2047
clinical counselors, and professional counselors, and art	2048
therapists are not required to take the courses.	2049

Sec. 4757.36.  (A) The professional standards committees of	2050
the counselor, social worker, and marriage and family therapist,	2051
and art therapist board, in accordance with Chapter 119. of the	2052
Revised Code, may refuse to issue a license or certificate of	2053
registration applied for under this chapter; refuse to renew a	2054
license or certificate of registration issued under this chapter;	2055
suspend, revoke, or otherwise restrict a license or certificate	2056
of registration issued under this chapter; or reprimand a person	2057
holding a license or certificate of registration issued under	2058
this chapter. Such actions may be taken by the appropriate	2059
committee if the applicant for a license or certificate of	2060
registration or the person holding a license or certificate of	2061
registration has:	2062

(1) Committed a violation of any provision of this chapter or	2063
rules adopted under it;	2064

(2) Knowingly made a false statement on an application for	2065
licensure or registration, or for renewal of a license or	2066
certificate of registration;	2067

(3) Accepted a commission or rebate for referring persons to	2068
any professionals licensed, certified, or registered by any court	2069
or board, commission, department, division, or other agency of the	2070
state, including, but not limited to, individuals practicing	2071
counseling, social work, or marriage and family therapy, or art	2072
therapy or practicing in fields related to counseling, social	2073
work, or marriage and family therapy, or art therapy;	2074

(4) Failed to comply with section 4757.12 of the Revised	2075
Code;	2076

(5) Been convicted in this or any other state of any crime	2077
that is a felony in this state;	2078

(6) Had the ability to perform properly as a professional	2079
clinical counselor, professional counselor, independent marriage	2080
and family therapist, marriage and family therapist, art	2081
therapist, social work assistant, social worker, or independent	2082
social worker impaired due to the use of alcohol or other drugs or	2083
any other physical or mental condition;	2084

(7) Been convicted in this state or in any other state of a	2085
misdemeanor committed in the course of practice as a professional	2086
clinical counselor, professional counselor, independent marriage	2087
and family therapist, marriage and family therapist, art	2088
therapist, social work assistant, social worker, or independent	2089
social worker;	2090

(8) Practiced outside the scope of practice applicable to	2091
that person;	2092

(9) Practiced without complying with the supervision	2093
requirements specified under sections 4757.21 and 4757.26, and	2094
division (E) of section 4757.30, of the Revised Code;	2095

(10) Violated the person's code of ethical practice adopted	2096
by rule of the board pursuant to section 4757.11 of the Revised	2097
Code;	2098

(11) Had a license or certificate of registration revoked or	2099
suspended, or voluntarily surrendered a license or certificate of	2100
registration in another state or jurisdiction for an offense that	2101
would be a violation of this chapter.	2102

(B) One year or more after the date of suspension or	2103
revocation of a license or certificate of registration under this	2104
section, application may be made to the appropriate professional	2105
standards committee for reinstatement. The committee may accept or	2106
refuse an application for reinstatement. If a license has been	2107
suspended or revoked, the committee may require an examination for	2108
reinstatement.	2109

Sec. 4757.361. (A) As used in this section, with regard to	2110
offenses committed in Ohio, "aggravated murder," "murder,"	2111
"voluntary manslaughter," "felonious assault," "kidnapping,"	2112
"rape," "sexual battery," "gross sexual imposition," "aggravated	2113
arson," "aggravated robbery," and "aggravated burglary" mean such	2114
offenses as defined in Title XXIX of the Revised Code; with regard	2115
to offenses committed in other jurisdictions, the terms mean	2116
offenses comparable to offenses defined in Title XXIX of the	2117
Revised Code.	2118

(B) When there is clear and convincing evidence that	2119
continued practice by an individual licensed under this chapter	2120
presents a danger of immediate and serious harm to the public, as	2121
determined on consideration of the evidence by the professional	2122
standards committees of the counselor, social worker, and marriage	2123
and family therapist, and art therapist board, the appropriate	2124
committee shall impose on the individual a summary suspension	2125
without a hearing.	2126

Immediately following the decision to impose a summary	2127
suspension, the appropriate committee shall issue a written order	2128
of suspension and cause it to be delivered by certified mail or in	2129
person in accordance with section 119.07 of the Revised Code. The	2130
order shall not be subject to suspension by the court during the	2131
pendency of any appeal filed under section 119.12 of the Revised	2132
Code. If the individual subject to the suspension requests an	2133
adjudication, the date set for the adjudication shall be within	2134
fifteen days but not earlier than seven days after the individual	2135
makes the request, unless another date is agreed to by both the	2136
individual and the committee imposing the suspension. The summary	2137
suspension shall remain in effect, unless reversed by the	2138
committee, until a final adjudication order issued by the	2139
committee pursuant to this section and Chapter 119. of the Revised	2140
Code becomes effective.	2141

The committee shall issue its final adjudication order within	2142
ninety days after completion of the adjudication. If the committee	2143
does not issue a final order within the ninety-day period, the	2144
summary suspension shall be void, but any final adjudication order	2145
issued subsequent to the ninety-day period shall not be affected.	2146

(C) The license issued to an individual under this chapter is	2147
automatically suspended on that individual's conviction of, plea	2148
of guilty to, or judicial finding with regard to any of the	2149
following: aggravated murder, murder, voluntary manslaughter,	2150
felonious assault, kidnapping, rape, sexual battery, gross sexual	2151
imposition, aggravated arson, aggravated robbery, or aggravated	2152
burglary. The suspension shall remain in effect from the date of	2153
the conviction, plea, or finding until an adjudication is held	2154
under Chapter 119. of the Revised Code. If the appropriate	2155
committee has knowledge that an automatic suspension has occurred,	2156
it shall notify the individual subject to the suspension. If the	2157
individual is notified and either fails to request an adjudication	2158
within the time periods established by Chapter 119. of the Revised	2159
Code or fails to participate in the adjudication, the committee	2160
shall enter a final order permanently revoking the person's	2161
license or certificate.	2162

Sec. 4757.38.  The counselor, social worker, and marriage and	2163
family therapist, and art therapist board shall investigate	2164
alleged violations of this chapter or the rules adopted under it	2165
and alleged irregularities in the delivery of services related to	2166
professional counseling, social work, or marriage and family	2167
therapy by persons licensed or registered under this chapter. As	2168
part of its conduct of an investigation, the board may issue	2169
subpoenas, examine witnesses, and administer oaths.	2170

The board may receive any information necessary to conduct an	2171
investigation under this section. If the board is investigating	2172
the provision of services to a couple or group, it is not	2173
necessary for both members of the couple or all members of the	2174
group to consent to the release of information relevant to the	2175
investigation.	2176

The board shall ensure that all records it holds pertaining	2177
to an investigation remain confidential. The board shall adopt	2178
rules establishing procedures to be followed in maintaining the	2179
confidentiality of its investigative records. The rules shall be	2180
adopted in accordance with Chapter 119. of the Revised Code.	2181

Sec. 4757.40.  In addition to any other remedies provided by	2182
law, the counselor and, social worker, marriage and family	2183
therapist, and art therapist board may apply to an appropriate	2184
court for an order enjoining the violation of any provision of	2185
this chapter, and on a showing that any person has violated or is	2186
about to violate any provision of this chapter, the court shall	2187
grant an order enjoining the violation.	2188

Sec. 4757.43.  Nothing in this chapter or the rules adopted	2189
under it shall be construed as authorizing a professional clinical	2190
counselorprofessional counselor, independent marriage and family	2191
therapist, , marriage and family therapist, independent social	2192
worker, social worker, or social work assistanta person licensed	2193
or registered under this chapter to admit a patient to a hospital	2194
or as requiring a hospital to allow any of those individuals to	2195
admit a patient.	2196

Sec. 4757.44.  For the purposes of section 2305.51 of the	2197
Revised Code, a person who holds a license issued under this	2198
chapter is a mental health professional.	2199

A license holder is not liable in damages in a civil action,	2200
and shall not be subject to disciplinary action by the counselor,	2201
social worker, and marriage and family therapist, and art	2202
therapist board, for disclosing any confidential information about	2203
a client that is disclosed for the purposes of section 2305.51 of	2204
the Revised Code.	2205

Sec. 4757.45.  (A) An individual seeking a license to	2206
practice as an art therapist shall submit an application to the	2207
art therapist professional standards committee of the counselor,	2208
social worker, marriage and family therapist, and art therapist	2209
board. The application shall be accompanied by the fee	2210
established under section 4757.31 of the Revised Code.	2211

(B) The committee shall review all applications received. If	2212
an applicant submits a properly completed application and meets	2213
the requirements specified in section 4757.46 of the Revised Code,	2214
the committee shall issue to the applicant a license to practice	2215
as an art therapist.	2216

(C) A license is valid for the period specified in rules	2217
adopted under section 4757.49 of the Revised Code and may be	2218
renewed in accordance with procedures specified in the rules.	2219

Sec. 4757.46. To be eligible to receive a license to practice	2220
as an art therapist, an individual shall meet all of the following	2221
requirements:	2222

(A) Be of good moral character;

2223

(B) Be at least twenty-one years of age;

2224

(C) Hold current certification from the art therapy	2225
credentials board, inc., and submit evidence of that	2226
certification with the application submitted under section	2227
4757.45 of the Revised Code;	2228

(D) Obtain three letters of recommendation from professional	2229
sources, one of which shall be from an art therapist, and submit	2230
the letters in accordance with procedures established in rules	2231
adopted under section 4757.49 of the Revised Code.	2232

Sec. 4757.47.  (A) The art therapist professional standards	2233
committee of the counselor, social worker, marriage and family	2234
therapist, and art therapist board may issue a temporary license	2235
to an applicant who meets any of the following requirements:	2236

(1) Provides evidence to the committee that the applicant is	2237
currently board certified by the art therapy credentials board,	2238
inc., and further action by the committee to issue an art	2239
therapist license is pending;	2240

(2) Provides evidence to the committee that the applicant is	2241
a registered art therapist with the art therapy credentials board,	2242
inc.;	2243

(3) Provides evidence to the committee that the applicant	2244
holds a degree from an art therapy program approved by the	2245
American art therapy association or the equivalent of such a	2246
degree as determined by the committee.	2247

(B) A temporary license issued under this section shall be	2248
valid for two years and may be renewed upon expiration of the	2249
initial temporary license. A temporary license may be renewed up	2250
to three times.	2251

(C) An applicant holding a temporary license issued under	2252
this section shall practice art therapy under the supervision of a	2253
licensed art therapist and in accordance with guidelines	2254
established by the art therapy credentials board, inc.	2255

Sec. 4757.48.  A person licensed under this chapter as an art	2256
therapist may practice art therapy through the integrated use of	2257
psychotherapeutic principles and visual art media in the	2258
assessment, evaluation, treatment, amelioration, and remediation	2259
of emotional, cognitive, neurological, psychosocial, physical, and	2260
developmental discords. A licensed art therapist may provide	2261
training and supervision to art therapy students or prospective	2262
applicants for licensure.	2263

Sec. 4757.49.  The counselor, social worker, marriage and	2264
family therapist, and art therapist board shall adopt any rules	2265
necessary for implementation of sections 4757.45 to 4757.48 of the	2266
Revised Code. The rules shall be adopted in accordance with	2267
Chapter 119. of the Revised Code.	2268

Section 2.  That existing sections 125.22, 2151.421, 2317.02,	2269
4757.01, 4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07,	2270
4757.10, 4757.101, 4757.11, 4757.12, 4757.15, 4757.16, 4757.17,	2271
4757.18, 4757.19, 4757.22, 4757.23, 4757.27, 4757.28, 4757.29,	2272
4757.30, 4757.301, 4757.31, 4757.32, 4757.33, 4757.34, 4757.36,	2273
4757.361, 4757.38, 4757.40, 4757.43, and 4757.44 of the Revised	2274
Code are hereby repealed.	2275

Section 3.  Within ninety days after the effective date of	2276
this section, the Governor shall appoint the initial art	2277
therapist members and the additional public member of the	2278
Counselor, Social Worker, Marriage and Family Therapist, and Art	2279
Therapist Board, in accordance with section 4757.03 of the	2280
Revised Code, as amended by this act. The art therapist	2281
appointees are not required, at the time of appointment, to be	2282
licensed as art therapists. However, the appointees may remain	2283
members only if the appointees become licensed as art therapists	2284
within one year after the effective date of this section.	2285

Section 4.  Until one year after the effective date of this	2286
section, the Board shall issue an art therapist license to an	2287
applicant who is of good moral character, submits a properly	2288
completed application, pays the fee for art therapist licensure	2289
established under section 4757.31 of the Revised Code, and meets	2290
the following requirements on the effective date of this section:	2291

(A) The applicant is licensed under Chapter 4757. of the	2292
Revised Code as a professional clinical counselor, independent	2293
marriage and family therapist, or independent social worker;	2294
licensed under Chapter 4732. of the Revised Code as a	2295
psychologist; or licensed under Chapter 4731. of the Revised Code	2296
and is board-certified to practice as a psychiatrist.	2297

(B) The person holds a degree in art therapy or the	2298
equivalent of such a degree as determined by the Board.	2299

(C) Provides evidence to the Board's Art Therapist	2300
Professional Standards Committee that the applicant has practiced	2301
art therapy for at least five years within the ten years	2302
immediately preceeding the effective date of this act.	2303