Bill Text: OH SB205 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To regulate the practice of art therapy.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2011-08-17 - To Health, Human Services, & Aging [SB205 Detail]

Download: Ohio-2011-SB205-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 205

Senators Skindell, Grendell 

Cosponsor: Senator Turner 

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A BILL

To amend sections 125.22, 1701.03, 1705.03, 1705.04,

1

1705.53, 1785.01, 1785.02, 1785.03, 1785.08,

2

2151.421, 2921.22, 3701.74, 3721.21, 4723.16,

3

4725.33, 4729.161, 4731.226, 4731.65, 4732.28,

4

4734.17, 4755.471, 4757.01, 4757.02, 4757.03,

5

4757.04, 4757.05, 4757.06, 4757.07, 4757.10,

6

4757.101, 4757.11, 4757.12, 4757.15, 4757.16,

7

4757.17, 4757.18, 4757.19, 4757.22, 4757.23,

8

4757.27, 4757.28, 4757.29, 4757.30, 4757.301,

9

4757.31, 4757.32, 4757.33, 4757.34, 4757.36,

10

4757.361, 4757.38, 4757.40, 4757.43, 4757.44,

11

5101.61, 5101.99, and 5123.61 and to enact

12

sections 4757.45 to 4757.50 and 4757.55 of the

13

Revised Code to regulate the practice of art

14

therapy.

15

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

Section 1. That sections 125.22, 1701.03, 1705.03, 1705.04,	16
1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 2151.421, 2921.22,	17
3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65,	18
4732.28, 4734.17, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04,	19
4757.05, 4757.06, 4757.07, 4757.10, 4757.101, 4757.11, 4757.12,	20
4757.15, 4757.16, 4757.17, 4757.18, 4757.19, 4757.22, 4757.23,	21
4757.27, 4757.28, 4757.29, 4757.30, 4757.301, 4757.31, 4757.32,	22
4757.33, 4757.34, 4757.36, 4757.361, 4757.38, 4757.40, 4757.43,	23
4757.44, 5101.61, 5101.99, and 5123.61 be amended and sections	24
4757.45, 4757.46, 4757.47, 4757.48, 4757.49, 4757.50, and 4757.55	25
of the Revised Code be enacted to read as follows:	26

Sec. 125.22.  (A) The department of administrative services	27
shall establish the central service agency to perform routine	28
support for the following boards and commissions:	29

(1) Architects board;

30

(2) Barber board;

31

(3) State chiropractic board;

32

(4) State board of cosmetology;

33

(5) Accountancy board;

34

(6) State dental board;

35

(7) State board of optometry;

36

(8) Ohio occupational therapy, physical therapy, and athletic	37
trainers board;	38

(9) State board of registration for professional engineers	39
and surveyors;	40

(10) State board of sanitarian registration;

41

(11) Board of embalmers and funeral directors;

42

(12) State board of psychology;

43

(13) Ohio optical dispensers board;

44

(14) Board of speech pathology and audiology;

45

(15) Counselor, social worker, and marriage and family	46
therapist, and art therapist board;	47

(16) State veterinary medical licensing board;

48

(17) Ohio board of dietetics;

49

(18) Commission on Hispanic-Latino affairs;

50

(19) Ohio respiratory care board;

51

(20) Ohio commission on African-American males;

52

(21) Chemical dependency professionals board.

53

(B)(1) Notwithstanding any other section of the Revised Code,	54
the agency shall perform the following routine support services	55
for the boards and commissions named in division (A) of this	56
section unless the controlling board exempts a board or commission	57
from this requirement on the recommendation of the director of	58
administrative services:	59

(a) Preparing and processing payroll and other personnel	60
documents;	61

(b) Preparing and processing vouchers, purchase orders,	62
encumbrances, and other accounting documents;	63

(c) Maintaining ledgers of accounts and balances;

64

(d) Preparing and monitoring budgets and allotment plans in	65
consultation with the boards and commissions;	66

(e) Other routine support services that the director of	67
administrative services considers appropriate to achieve	68
efficiency.	69

(2) The agency may perform other services which a board or	70
commission named in division (A) of this section delegates to the	71
agency and the agency accepts.	72

(3) The agency may perform any service for any professional	73
or occupational licensing board not named in division (A) of this	74
section or any commission if the board or commission requests such	75
service and the agency accepts.	76

(C) The director of administrative services shall be the	77
appointing authority for the agency.	78

(D) The agency shall determine the fees to be charged to the	79
boards and commissions, which shall be in proportion to the	80
services performed for each board or commission.	81

(E) Each board or commission named in division (A) of this	82
section and any other board or commission requesting services from	83
the agency shall pay these fees to the agency from the general	84
revenue fund maintenance account of the board or commission or	85
from such other fund as the operating expenses of the board or	86
commission are paid. Any amounts set aside for a fiscal year by a	87
board or commission to allow for the payment of fees shall be used	88
only for the services performed by the agency in that fiscal year.	89
All receipts collected by the agency shall be deposited in the	90
state treasury to the credit of the central service agency fund,	91
which is hereby created. All expenses incurred by the agency in	92
performing services for the boards or commissions shall be paid	93
from the fund.	94

(F) Nothing in this section shall be construed as a grant of	95
authority for the central service agency to initiate or deny	96
personnel or fiscal actions for the boards and commissions.	97

Sec. 1701.03.  (A) A corporation may be formed under this	98
chapter for any purpose or combination of purposes for which	99
individuals lawfully may associate themselves, except that, if the	100
Revised Code contains special provisions pertaining to the	101
formation of any designated type of corporation other than a	102
professional association, as defined in section 1785.01 of the	103
Revised Code, a corporation of that type shall be formed in	104
accordance with the special provisions.	105

(B)(1) On and after July 1, 1994, a corporation may be formed	106
under this chapter for the purpose of carrying on the practice of	107
any profession, including, but not limited to, athe following:	108

(a) A corporation for the purpose of providing public	109
accounting or certified public accounting services, a;	110

(b) A corporation for the erection, owning, and conducting of	111
a sanitarium for receiving and caring for patients, medical and	112
hygienic treatment of patients, and instruction of nurses in the	113
treatment of disease and in hygiene, a;	114

(c) A corporation for the purpose of providing architectural,	115
landscape architectural, professional engineering, or surveying	116
services or any combination of those types of services, and a;	117

(d) A corporation for the purpose of providing a combination	118
of the professional services, as defined in section 1785.01 of the	119
Revised Code, of optometrists authorized under Chapter 4725. of	120
the Revised Code, chiropractors authorized under Chapter 4734. of	121
the Revised Code to practice chiropractic or acupuncture,	122
psychologists authorized under Chapter 4732. of the Revised Code,	123
registered or licensed practical nurses authorized under Chapter	124
4723. of the Revised Code, pharmacists authorized under Chapter	125
4729. of the Revised Code, physical therapists authorized under	126
sections 4755.40 to 4755.56 of the Revised Code, mechanotherapists	127
authorized under section 4731.151 of the Revised Code, and doctors	128
of medicine and surgery, osteopathic medicine and surgery, or	129
podiatric medicine and surgery authorized under Chapter 4731. of	130
the Revised Code, and persons licensed or registered under Chapter	131
4757. of the Revised Code. This	132

(2) This chapter does not restrict, limit, or otherwise	133
affect the authority or responsibilities of any agency, board,	134
commission, department, office, or other entity to license,	135
register, and otherwise regulate the professional conduct of	136
individuals or organizations of any kind rendering professional	137
services, as defined in section 1785.01 of the Revised Code, in	138
this state or to regulate the practice of any profession that is	139
within the jurisdiction of the agency, board, commission,	140
department, office, or other entity, notwithstanding that an	141
individual is a director, officer, employee, or other agent of a	142
corporation formed under this chapter and is rendering	143
professional services or engaging in the practice of a profession	144
through a corporation formed under this chapter or that the	145
organization is a corporation formed under this chapter.	146

(C) Nothing in division (A) or (B) of this section precludes	147
the organization of a professional association in accordance with	148
this chapter and Chapter 1785. of the Revised Code or the	149
formation of a limited liability company under Chapter 1705. of	150
the Revised Code with respect to a business, as defined in section	151
1705.01 of the Revised Code.	152

(D) No corporation formed for the purpose of providing a	153
combination of the professional services, as defined in section	154
1785.01 of the Revised Code, of optometrists authorized under	155
Chapter 4725. of the Revised Code, chiropractors authorized under	156
Chapter 4734. of the Revised Code to practice chiropractic or	157
acupuncture, psychologists authorized under Chapter 4732. of the	158
Revised Code, registered or licensed practical nurses authorized	159
under Chapter 4723. of the Revised Code, pharmacists authorized	160
under Chapter 4729. of the Revised Code, physical therapists	161
authorized under sections 4755.40 to 4755.56 of the Revised Code,	162
mechanotherapists authorized under section 4731.151 of the Revised	163
Code, and doctors of medicine and surgery, osteopathic medicine	164
and surgery, or podiatric medicine and surgery authorized under	165
Chapter 4731. of the Revised Codedescribed in division (B)(1)(d)	166
of this section shall control the professional clinical judgment	167
exercised within accepted and prevailing standards of practice of	168
a licensed, certificated, or otherwise legally authorized	169
optometrist, chiropractor, chiropractor practicing acupuncture	170
through the state chiropractic board, psychologist, nurse,	171
pharmacist, physical therapist, mechanotherapist, or doctor of	172
medicine and surgery, osteopathic medicine and surgery, or	173
podiatric medicine and surgery, professional clinical counselor,	174
professional counselor, independent social worker, social worker,	175
social work assistant, independent marriage and family therapist,	176
marriage and family therapist, or art therapist in rendering care,	177
treatment, or professional advice to an individual patient.	178

This division does not prevent a hospital, as defined in	179
section 3727.01 of the Revised Code, insurer, as defined in	180
section 3999.36 of the Revised Code, or intermediary organization,	181
as defined in section 1751.01 of the Revised Code, from entering	182
into a contract with a corporation described in this division that	183
includes a provision requiring utilization review, quality	184
assurance, peer review, or other performance or quality standards.	185
Those activities shall not be construed as controlling the	186
professional clinical judgment of an individual practitioner	187
listed in this division.	188

Sec. 1705.03.  (A) A limited liability company may sue and be	189
sued.	190

(B) Unless otherwise provided in its articles of	191
organization, a limited liability company may take property of any	192
description or any interest in property of any description by	193
gift, devise, or bequest and may make donations for the public	194
welfare or for charitable, scientific, or educational purposes.	195

(C) In carrying out the purposes stated in its articles of	196
organization or operating agreement and subject to limitations	197
prescribed by law or in its articles of organization or its	198
operating agreement, a limited liability company may do all of the	199
following:	200

(1) Purchase or otherwise acquire, lease as lessee or lessor,	201
invest in, hold, use, encumber, sell, exchange, transfer, and	202
dispose of property of any description or any interest in property	203
of any description;	204

(2) Make contracts;

205

(3) Form or acquire the control of other domestic or foreign	206
limited liability companies;	207

(4) Be a shareholder, partner, member, associate, or	208
participant in other profit or nonprofit enterprises or ventures;	209

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

210

(6) Render the following in this state and elsewhere a:

211

(a) A professional service, the;

212

(b) The kinds of professional services authorized under	213
Chapters 4703. and 4733. of the Revised Code, or a;	214

(c) A combination of the professional services of	215
optometrists authorized under Chapter 4725. of the Revised Code,	216
chiropractors authorized under Chapter 4734. of the Revised Code	217
to practice chiropractic or acupuncture, psychologists authorized	218
under Chapter 4732. of the Revised Code, registered or licensed	219
practical nurses authorized under Chapter 4723. of the Revised	220
Code, pharmacists authorized under Chapter 4729. of the Revised	221
Code, physical therapists authorized under sections 4755.40 to	222
4755.56 of the Revised Code, occupational therapists authorized	223
under sections 4755.04 to 4755.13 of the Revised Code,	224
mechanotherapists authorized under section 4731.151 of the Revised	225
Code, and doctors of medicine and surgery, osteopathic medicine	226
and surgery, or podiatric medicine and surgery authorized under	227
Chapter 4731. of the Revised Code;, professional clinical	228
counselors, professional counselors, independent social workers,	229
social workers, social work assistants, independent marriage and	230
family therapists, marriage and family therapists, and art	231
therapists authorized under Chapter 4757. of the Revised Code.	232

(7) Borrow money;

233

(8) Issue, sell, and pledge its notes, bonds, and other	234
evidences of indebtedness;	235

(9) Secure any of its obligations by mortgage, pledge, or	236
deed of trust of all or any of its property;	237

(10) Guarantee or secure obligations of any person;

238

(11) Do all things permitted by law and exercise all	239
authority within or incidental to the purposes stated in its	240
articles of organization.	241

(D) In addition to the authority conferred by division (C) of	242
this section and irrespective of the purposes stated in its	243
articles of organization or operating agreement but subject to any	244
limitations stated in those articles or its operating agreement, a	245
limited liability company may invest funds not currently needed in	246
its business in any securities if the investment does not cause	247
the company to acquire control of another enterprise whose	248
activities and operations are not incidental to the purposes	249
stated in the articles of organization of the company.	250

(E)(1) No lack of authority or limitation upon the authority	251
of a limited liability company shall be asserted in any action	252
except as follows:	253

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

254

(b) By or on behalf of the company in an action against a	255
manager, an officer, or any member as a member;	256

(c) By a member as a member in an action against the company,	257
a manager, an officer, or any member as a member;	258

(d) In an action involving an alleged improper issue of a	259
membership interest in the company.	260

(2) Division (E)(1) of this section applies to any action	261
commenced in this state upon any contract made in this state by a	262
foreign limited liability company.	263

Sec. 1705.04.  (A) One or more persons, without regard to	264
residence, domicile, or state of organization, may form a limited	265
liability company. The articles of organization shall be signed	266
and filed with the secretary of state and shall set forth all of	267
the following:	268

(1) The name of the company;

269

(2) Except as provided in division (B) of this section, the	270
period of its duration, which may be perpetual;	271

(3) Any other provisions that are from the operating	272
agreement or that are not inconsistent with applicable law and	273
that the members elect to set out in the articles for the	274
regulation of the affairs of the company.	275

The legal existence of the company begins upon the filing of	276
the articles of organization or on a later date specified in the	277
articles of organization that is not more than ninety days after	278
the filing.	279

(B) If the articles of organization or operating agreement do	280
not set forth the period of the duration of the limited liability	281
company, its duration shall be perpetual.	282

(C) If a limited liability company is formed under this	283
chapter for the purpose of rendering a professional service, the	284
kinds of professional services authorized under Chapters 4703. and	285
4733. of the Revised Code, or a combination of the professional	286
services of optometrists authorized under Chapter 4725. of the	287
Revised Code, chiropractors authorized under Chapter 4734. of the	288
Revised Code to practice chiropractic or acupuncture,	289
psychologists authorized under Chapter 4732. of the Revised Code,	290
registered or licensed practical nurses authorized under Chapter	291
4723. of the Revised Code, pharmacists authorized under Chapter	292
4729. of the Revised Code, physical therapists authorized under	293
sections 4755.40 to 4755.56 of the Revised Code, occupational	294
therapists authorized under sections 4755.04 to 4755.13 of the	295
Revised Code, mechanotherapists authorized under section 4731.151	296
of the Revised Code, and doctors of medicine and surgery,	297
osteopathic medicine and surgery, or podiatric medicine and	298
surgery authorized under Chapter 4731. of the Revised Code	299
described in division (C)(6)(c) of section 1705.03 of the Revised	300
Code, the following apply:	301

(1) Each member, employee, or other agent of the company who	302
renders a professional service in this state and, if the	303
management of the company is not reserved to its members, each	304
manager of the company who renders a professional service in this	305
state shall be licensed, certificated, or otherwise legally	306
authorized to render in this state the same kind of professional	307
service; if applicable, the kinds of professional services	308
authorized under Chapters 4703. and 4733. of the Revised Code; or,	309
if applicable, any of the kinds of professional services of	310
optometrists authorized under Chapter 4725. of the Revised Code,	311
chiropractors authorized under Chapter 4734. of the Revised Code	312
to practice chiropractic or acupuncture, psychologists authorized	313
under Chapter 4732. of the Revised Code, registered or licensed	314
practical nurses authorized under Chapter 4723. of the Revised	315
Code, pharmacists authorized under Chapter 4729. of the Revised	316
Code, physical therapists authorized under sections 4755.40 to	317
4755.56 of the Revised Code, occupational therapists authorized	318
under sections 4755.04 to 4755.13 of the Revised Code,	319
mechanotherapists authorized under section 4731.151 of the Revised	320
Code, or doctors of medicine and surgery, osteopathic medicine and	321
surgery, or podiatric medicine and surgery authorized under	322
Chapter 4731. of the Revised Code, professional clinical	323
counselors, professional counselors, independent social workers,	324
social workers, social work assistants, independent marriage and	325
family therapists, marriage and family therapists, or art	326
therapists authorized under Chapter 4757. of the Revised Code.	327

(2) Each member, employee, or other agent of the company who	328
renders a professional service in another state and, if the	329
management of the company is not reserved to its members, each	330
manager of the company who renders a professional service in	331
another state shall be licensed, certificated, or otherwise	332
legally authorized to render that professional service in the	333
other state.	334

(D) Except for the provisions of this chapter pertaining to	335
the personal liability of members, employees, or other agents of a	336
limited liability company and, if the management of the company is	337
not reserved to its members, the personal liability of managers of	338
the company, this chapter does not restrict, limit, or otherwise	339
affect the authority or responsibilities of any agency, board,	340
commission, department, office, or other entity to license,	341
certificate, register, and otherwise regulate the professional	342
conduct of individuals or organizations of any kind rendering	343
professional services in this state or to regulate the practice of	344
any profession that is within the jurisdiction of the agency,	345
board, commission, department, office, or other entity,	346
notwithstanding that the individual is a member or manager of a	347
limited liability company and is rendering the professional	348
services or engaging in the practice of the profession through the	349
limited liability company or that the organization is a limited	350
liability company.	351

(E) No limited liability company formed for the purpose of	352
providing a combination of the professional services, as defined	353
in section 1785.01 of the Revised Code, of optometrists authorized	354
under Chapter 4725. of the Revised Code, chiropractors authorized	355
under Chapter 4734. of the Revised Code to practice chiropractic	356
or acupuncture, psychologists authorized under Chapter 4732. of	357
the Revised Code, registered or licensed practical nurses	358
authorized under Chapter 4723. of the Revised Code, pharmacists	359
authorized under Chapter 4729. of the Revised Code, physical	360
therapists authorized under sections 4755.40 to 4755.56 of the	361
Revised Code, occupational therapists authorized under sections	362
4755.04 to 4755.13 of the Revised Code, mechanotherapists	363
authorized under section 4731.151 of the Revised Code, and doctors	364
of medicine and surgery, osteopathic medicine and surgery, or	365
podiatric medicine and surgery authorized under Chapter 4731. of	366
the Revised Code, professional clinical counselors, professional	367
counselors, independent social workers, social workers, social	368
work assistants, independent marriage and family therapists,	369
marriage and family therapists, or art therapists authorized under	370
Chapter 4757. of the Revised Code shall control the professional	371
clinical judgment exercised within accepted and prevailing	372
standards of practice of a licensed, certificated, or otherwise	373
legally authorized optometrist, chiropractor, chiropractor	374
practicing acupuncture through the state chiropractic board,	375
psychologist, nurse, pharmacist, physical therapist, occupational	376
therapist, mechanotherapist, or doctor of medicine and surgery,	377
osteopathic medicine and surgery, or podiatric medicine and	378
surgery, professional clinical counselor, professional counselor,	379
independent social worker, social worker, social work assistant,	380
independent marriage and family therapist, marriage and family	381
therapist, or art therapist in rendering care, treatment, or	382
professional advice to an individual patient.	383

This division does not prevent a hospital, as defined in	384
section 3727.01 of the Revised Code, insurer, as defined in	385
section 3999.36 of the Revised Code, or intermediary organization,	386
as defined in section 1751.01 of the Revised Code, from entering	387
into a contract with a limited liability company described in this	388
division that includes a provision requiring utilization review,	389
quality assurance, peer review, or other performance or quality	390
standards. Those activities shall not be construed as controlling	391
the professional clinical judgment of an individual practitioner	392
listed in this division.	393

Sec. 1705.53.  Subject to any contrary provisions of the Ohio	394
Constitution, the laws of the state under which a foreign limited	395
liability company is organized govern its organization and	396
internal affairs and the liability of its members. A foreign	397
limited liability company may not be denied a certificate of	398
registration as a foreign limited liability company in this state	399
because of any difference between the laws of the state under	400
which it is organized and the laws of this state. However, a	401
foreign limited liability company that applies for registration	402
under this chapter to render a professional service in this state,	403
as a condition to obtaining and maintaining a certificate of	404
registration, shall comply with the requirements of division (C)	405
of section 1705.04 of the Revised Code and shall comply with the	406
requirements of Chapters 4703. and 4733. of the Revised Code if	407
the kinds of professional services authorized under those chapters	408
are to be rendered or with the requirements of Chapters 4723.,	409
4725., 4729., 4731., 4732., 4734., and 4755. of the Revised Code	410
if a combination of the professional services of optometrists	411
authorized under Chapter 4725. of the Revised Code, chiropractors	412
authorized under Chapter 4734. of the Revised Code to practice	413
chiropractic or acupuncture, psychologists authorized under	414
Chapter 4732. of the Revised Code, registered or licensed	415
practical nurses authorized under Chapter 4723. of the Revised	416
Code, pharmacists authorized under Chapter 4729. of the Revised	417
Code, physical therapists authorized under sections 4755.40 to	418
4755.56 of the Revised Code, occupational therapists authorized	419
under sections 4755.04 to 4755.13 of the Revised Code,	420
mechanotherapists authorized under section 4731.151 of the Revised	421
Code, and doctors of medicine and surgery, osteopathic medicine	422
and surgery, or podiatric medicine and surgery authorized under	423
Chapter 4731. of the Revised Code, professional clinical	424
counselors, professional counselors, independent social workers,	425
social workers, social work assistants, independent marriage and	426
family therapists, marriage and family therapists, and art	427
therapists authorized under Chapter 4757. of the Revised Code are	428
to be rendered.	429

Sec. 1785.01.  As used in this chapter:

430

(A) "Professional service" means any type of professional	431
service that may be performed only pursuant to a license,	432
certificate, or other legal authorization issued pursuant to	433
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	434
4731., 4732., 4733., 4734., or 4741., or 4757., sections 4755.04	435
to 4755.13, or 4755.40 to 4755.56 of the Revised Code to certified	436
public accountants, licensed public accountants, architects,	437
attorneys, dentists, nurses, optometrists, pharmacists, physician	438
assistants, doctors of medicine and surgery, doctors of	439
osteopathic medicine and surgery, doctors of podiatric medicine	440
and surgery, practitioners of the limited branches of medicine	441
specified in section 4731.15 of the Revised Code,	442
mechanotherapists, psychologists, professional engineers,	443
chiropractors, chiropractors practicing acupuncture through the	444
state chiropractic board, veterinarians, occupational therapists,	445
physical therapists, and occupational therapists, professional	446
clinical counselors, professional counselors, independent social	447
workers, social workers, social work assistants, independent	448
marriage and family therapists, marriage and family therapists,	449
and art therapists.	450

(B) "Professional association" means an association organized	451
under this chapter for the sole purpose of rendering one of the	452
professional services authorized under Chapter 4701., 4703.,	453
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	454
4734., or 4741., or 4757., sections 4755.04 to 4755.13, or 4755.40	455
to 4755.56 of the Revised Code, a combination of the professional	456
services authorized under Chapters 4703. and 4733. of the Revised	457
Code, or a combination of the professional services of	458
optometrists authorized under Chapter 4725. of the Revised Code,	459
chiropractors authorized under Chapter 4734. of the Revised Code	460
to practice chiropractic or acupuncture, psychologists authorized	461
under Chapter 4732. of the Revised Code, registered or licensed	462
practical nurses authorized under Chapter 4723. of the Revised	463
Code, pharmacists authorized under Chapter 4729. of the Revised	464
Code, physical therapists authorized under sections 4755.40 to	465
4755.56 of the Revised Code, occupational therapists authorized	466
under sections 4755.04 to 4755.13 of the Revised Code,	467
mechanotherapists authorized under section 4731.151 of the Revised	468
Code, and doctors of medicine and surgery, osteopathic medicine	469
and surgery, or podiatric medicine and surgery authorized under	470
Chapter 4731. of the Revised Code, professional clinical	471
counselors, professional counselors, independent social workers,	472
social workers, social work assistants, independent marriage and	473
family therapists, marriage and family therapists, and art	474
therapists authorized under Chapter 4757. of the Revised Code.	475

Sec. 1785.02.  An individual or group of individuals each of	476
whom is licensed, certificated, or otherwise legally authorized to	477
render within this state the same kind of professional service, a	478
group of individuals each of whom is licensed, certificated, or	479
otherwise legally authorized to render within this state the	480
professional service authorized under Chapter 4703. or 4733. of	481
the Revised Code, or a group of individuals each of whom is	482
licensed, certificated, or otherwise legally authorized to render	483
within this state the professional service of optometrists	484
authorized under Chapter 4725. of the Revised Code, chiropractors	485
authorized under Chapter 4734. of the Revised Code to practice	486
chiropractic or acupuncture, psychologists authorized under	487
Chapter 4732. of the Revised Code, registered or licensed	488
practical nurses authorized under Chapter 4723. of the Revised	489
Code, pharmacists authorized under Chapter 4729. of the Revised	490
Code, physical therapists authorized under sections 4755.40 to	491
4755.56 of the Revised Code, occupational therapists authorized	492
under sections 4755.04 to 4755.13 of the Revised Code,	493
mechanotherapists authorized under section 4731.151 of the Revised	494
Code, or doctors of medicine and surgery, osteopathic medicine and	495
surgery, or podiatric medicine and surgery authorized under	496
Chapter 4731. of the Revised Code, professional clinical	497
counselors, professional counselors, independent social workers,	498
social workers, social work assistants, independent marriage and	499
family therapists, marriage and family therapists, or art	500
therapists authorized under Chapter 4757. of the Revised Code may	501
organize and become a shareholder or shareholders of a	502
professional association. Any group of individuals described in	503
this section who may be rendering one of the professional services	504
as an organization created otherwise than pursuant to this chapter	505
may incorporate under and pursuant to this chapter by amending the	506
agreement establishing the organization in a manner that the	507
agreement as amended constitutes articles of incorporation	508
prepared and filed in the manner prescribed in section 1785.08 of	509
the Revised Code and by otherwise complying with the applicable	510
requirements of this chapter.	511

Sec. 1785.03.  A professional association may render a	512
particular professional service only through officers, employees,	513
and agents who are themselves duly licensed, certificated, or	514
otherwise legally authorized to render the professional service	515
within this state. As used in this section, "employee" does not	516
include clerks, bookkeepers, technicians, or other individuals who	517
are not usually and ordinarily considered by custom and practice	518
to be rendering a particular professional service for which a	519
license, certificate, or other legal authorization is required and	520
does not include any other person who performs all of that	521
person's employment under the direct supervision and control of an	522
officer, agent, or employee who renders a particular professional	523
service to the public on behalf of the professional association.	524

No professional association formed for the purpose of	525
providing a combination of the professional services, as defined	526
in section 1785.01 of the Revised Code, of optometrists authorized	527
under Chapter 4725. of the Revised Code, chiropractors authorized	528
under Chapter 4734. of the Revised Code to practice chiropractic	529
or acupuncture, psychologists authorized under Chapter 4732. of	530
the Revised Code, registered or licensed practical nurses	531
authorized under Chapter 4723. of the Revised Code, pharmacists	532
authorized under Chapter 4729. of the Revised Code, physical	533
therapists authorized under sections 4755.40 to 4755.56 of the	534
Revised Code, occupational therapists authorized under sections	535
4755.04 to 4755.13 of the Revised Code, mechanotherapists	536
authorized under section 4731.151 of the Revised Code, and doctors	537
of medicine and surgery, osteopathic medicine and surgery, or	538
podiatric medicine and surgery authorized under Chapter 4731. of	539
the Revised Code, professional clinical counselors, professional	540
counselors, independent social workers, social workers, social	541
work assistants, independent marriage and family therapists,	542
marriage and family therapists, and art therapists authorized	543
under Chapter 4757. of the Revised Code shall control the	544
professional clinical judgment exercised within accepted and	545
prevailing standards of practice of a licensed, certificated, or	546
otherwise legally authorized optometrist, chiropractor,	547
chiropractor practicing acupuncture through the state chiropractic	548
board, psychologist, nurse, pharmacist, physical therapist,	549
occupational therapist, mechanotherapist, or doctor of medicine	550
and surgery, osteopathic medicine and surgery, or podiatric	551
medicine and surgery, professional clinical counselor,	552
professional counselor, independent social worker, social worker,	553
social work assistant, independent marriage and family therapist,	554
marriage and family therapist, or art therapist in rendering care,	555
treatment, or professional advice to an individual patient.	556

This division does not prevent a hospital, as defined in	557
section 3727.01 of the Revised Code, insurer, as defined in	558
section 3999.36 of the Revised Code, or intermediary organization,	559
as defined in section 1751.01 of the Revised Code, from entering	560
into a contract with a professional association described in this	561
division that includes a provision requiring utilization review,	562
quality assurance, peer review, or other performance or quality	563
standards. Those activities shall not be construed as controlling	564
the professional clinical judgment of an individual practitioner	565
listed in this division.	566

Sec. 1785.08.  Chapter 1701. of the Revised Code applies to	567
professional associations, including their organization and the	568
manner of filing articles of incorporation, except that the	569
requirements of division (A) of section 1701.06 of the Revised	570
Code do not apply to professional associations. If any provision	571
of this chapter conflicts with any provision of Chapter 1701. of	572
the Revised Code, the provisions of this chapter shall take	573
precedence. A professional association for the practice of	574
medicine and surgery, osteopathic medicine and surgery, or	575
podiatric medicine and surgery or for the combined practice of	576
optometry, chiropractic, acupuncture through the state	577
chiropractic board, psychology, nursing, pharmacy, physical	578
therapy, mechanotherapy, medicine and surgery, osteopathic	579
medicine and surgery, or podiatric medicine and surgery,	580
counseling, social work, marriage and family therapy, or art	581
therapy may provide in its articles of incorporation or bylaws	582
that its directors may have terms of office not exceeding six	583
years.	584

Sec. 2151.421.  (A)(1)(a) No person described in division	585
(A)(1)(b) of this section who is acting in an official or	586
professional capacity and knows, or has reasonable cause to	587
suspect based on facts that would cause a reasonable person in a	588
similar position to suspect, that a child under eighteen years of	589
age or a mentally retarded, developmentally disabled, or	590
physically impaired child under twenty-one years of age has	591
suffered or faces a threat of suffering any physical or mental	592
wound, injury, disability, or condition of a nature that	593
reasonably indicates abuse or neglect of the child shall fail to	594
immediately report that knowledge or reasonable cause to suspect	595
to the entity or persons specified in this division. Except as	596
provided in section 5120.173 of the Revised Code, the person	597
making the report shall make it to the public children services	598
agency or a municipal or county peace officer in the county in	599
which the child resides or in which the abuse or neglect is	600
occurring or has occurred. In the circumstances described in	601
section 5120.173 of the Revised Code, the person making the report	602
shall make it to the entity specified in that section.	603

(b) Division (A)(1)(a) of this section applies to any person	604
who is an attorney; physician, including a hospital intern or	605
resident; dentist; podiatrist; practitioner of a limited branch of	606
medicine as specified in section 4731.15 of the Revised Code;	607
registered nurse; licensed practical nurse; visiting nurse; other	608
health care professional; licensed psychologist; licensed school	609
psychologist; independent marriage and family therapist or	610
marriage and family therapistlicensed or registered under Chapter	611
4757. of the Revised Code; speech pathologist or audiologist;	612
coroner; administrator or employee of a child day-care center;	613
administrator or employee of a residential camp or child day camp;	614
administrator or employee of a certified child care agency or	615
other public or private children services agency; school teacher;	616
school employee; school authority; person engaged in social work	617
or the practice of professional counseling; agent of a county	618
humane society; person, other than a cleric, rendering spiritual	619
treatment through prayer in accordance with the tenets of a	620
well-recognized religion; employee of a county department of job	621
and family services who is a professional and who works with	622
children and families; superintendent, board member, or employee	623
of a county board of developmental disabilities; investigative	624
agent contracted with by a county board of developmental	625
disabilities; employee of the department of developmental	626
disabilities; employee of a facility or home that provides respite	627
care in accordance with section 5123.171 of the Revised Code;	628
employee of a home health agency; employee of an entity that	629
provides homemaker services; a person performing the duties of an	630
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	631
or third party employed by a public children services agency to	632
assist in providing child or family related services.	633

(2) Except as provided in division (A)(3) of this section, an	634
attorney or a physician is not required to make a report pursuant	635
to division (A)(1) of this section concerning any communication	636
the attorney or physician receives from a client or patient in an	637
attorney-client or physician-patient relationship, if, in	638
accordance with division (A) or (B) of section 2317.02 of the	639
Revised Code, the attorney or physician could not testify with	640
respect to that communication in a civil or criminal proceeding.	641

(3) The client or patient in an attorney-client or	642
physician-patient relationship described in division (A)(2) of	643
this section is deemed to have waived any testimonial privilege	644
under division (A) or (B) of section 2317.02 of the Revised Code	645
with respect to any communication the attorney or physician	646
receives from the client or patient in that attorney-client or	647
physician-patient relationship, and the attorney or physician	648
shall make a report pursuant to division (A)(1) of this section	649
with respect to that communication, if all of the following apply:	650

(a) The client or patient, at the time of the communication,	651
is either a child under eighteen years of age or a mentally	652
retarded, developmentally disabled, or physically impaired person	653
under twenty-one years of age.	654

(b) The attorney or physician knows, or has reasonable cause	655
to suspect based on facts that would cause a reasonable person in	656
similar position to suspect, as a result of the communication or	657
any observations made during that communication, that the client	658
or patient has suffered or faces a threat of suffering any	659
physical or mental wound, injury, disability, or condition of a	660
nature that reasonably indicates abuse or neglect of the client or	661
patient.	662

(c) The abuse or neglect does not arise out of the client's	663
or patient's attempt to have an abortion without the notification	664
of her parents, guardian, or custodian in accordance with section	665
2151.85 of the Revised Code.	666

(4)(a) No cleric and no person, other than a volunteer,	667
designated by any church, religious society, or faith acting as a	668
leader, official, or delegate on behalf of the church, religious	669
society, or faith who is acting in an official or professional	670
capacity, who knows, or has reasonable cause to believe based on	671
facts that would cause a reasonable person in a similar position	672
to believe, that a child under eighteen years of age or a mentally	673
retarded, developmentally disabled, or physically impaired child	674
under twenty-one years of age has suffered or faces a threat of	675
suffering any physical or mental wound, injury, disability, or	676
condition of a nature that reasonably indicates abuse or neglect	677
of the child, and who knows, or has reasonable cause to believe	678
based on facts that would cause a reasonable person in a similar	679
position to believe, that another cleric or another person, other	680
than a volunteer, designated by a church, religious society, or	681
faith acting as a leader, official, or delegate on behalf of the	682
church, religious society, or faith caused, or poses the threat of	683
causing, the wound, injury, disability, or condition that	684
reasonably indicates abuse or neglect shall fail to immediately	685
report that knowledge or reasonable cause to believe to the entity	686
or persons specified in this division. Except as provided in	687
section 5120.173 of the Revised Code, the person making the report	688
shall make it to the public children services agency or a	689
municipal or county peace officer in the county in which the child	690
resides or in which the abuse or neglect is occurring or has	691
occurred. In the circumstances described in section 5120.173 of	692
the Revised Code, the person making the report shall make it to	693
the entity specified in that section.	694

(b) Except as provided in division (A)(4)(c) of this section,	695
a cleric is not required to make a report pursuant to division	696
(A)(4)(a) of this section concerning any communication the cleric	697
receives from a penitent in a cleric-penitent relationship, if, in	698
accordance with division (C) of section 2317.02 of the Revised	699
Code, the cleric could not testify with respect to that	700
communication in a civil or criminal proceeding.	701

(c) The penitent in a cleric-penitent relationship described	702
in division (A)(4)(b) of this section is deemed to have waived any	703
testimonial privilege under division (C) of section 2317.02 of the	704
Revised Code with respect to any communication the cleric receives	705
from the penitent in that cleric-penitent relationship, and the	706
cleric shall make a report pursuant to division (A)(4)(a) of this	707
section with respect to that communication, if all of the	708
following apply:	709

(i) The penitent, at the time of the communication, is either	710
a child under eighteen years of age or a mentally retarded,	711
developmentally disabled, or physically impaired person under	712
twenty-one years of age.	713

(ii) The cleric knows, or has reasonable cause to believe	714
based on facts that would cause a reasonable person in a similar	715
position to believe, as a result of the communication or any	716
observations made during that communication, the penitent has	717
suffered or faces a threat of suffering any physical or mental	718
wound, injury, disability, or condition of a nature that	719
reasonably indicates abuse or neglect of the penitent.	720

(iii) The abuse or neglect does not arise out of the	721
penitent's attempt to have an abortion performed upon a child	722
under eighteen years of age or upon a mentally retarded,	723
developmentally disabled, or physically impaired person under	724
twenty-one years of age without the notification of her parents,	725
guardian, or custodian in accordance with section 2151.85 of the	726
Revised Code.	727

(d) Divisions (A)(4)(a) and (c) of this section do not apply	728
in a cleric-penitent relationship when the disclosure of any	729
communication the cleric receives from the penitent is in	730
violation of the sacred trust.	731

(e) As used in divisions (A)(1) and (4) of this section,	732
"cleric" and "sacred trust" have the same meanings as in section	733
2317.02 of the Revised Code.	734

(B) Anyone who knows, or has reasonable cause to suspect	735
based on facts that would cause a reasonable person in similar	736
circumstances to suspect, that a child under eighteen years of age	737
or a mentally retarded, developmentally disabled, or physically	738
impaired person under twenty-one years of age has suffered or	739
faces a threat of suffering any physical or mental wound, injury,	740
disability, or other condition of a nature that reasonably	741
indicates abuse or neglect of the child may report or cause	742
reports to be made of that knowledge or reasonable cause to	743
suspect to the entity or persons specified in this division.	744
Except as provided in section 5120.173 of the Revised Code, a	745
person making a report or causing a report to be made under this	746
division shall make it or cause it to be made to the public	747
children services agency or to a municipal or county peace	748
officer. In the circumstances described in section 5120.173 of the	749
Revised Code, a person making a report or causing a report to be	750
made under this division shall make it or cause it to be made to	751
the entity specified in that section.	752

(C) Any report made pursuant to division (A) or (B) of this	753
section shall be made forthwith either by telephone or in person	754
and shall be followed by a written report, if requested by the	755
receiving agency or officer. The written report shall contain:	756

(1) The names and addresses of the child and the child's	757
parents or the person or persons having custody of the child, if	758
known;	759

(2) The child's age and the nature and extent of the child's	760
injuries, abuse, or neglect that is known or reasonably suspected	761
or believed, as applicable, to have occurred or of the threat of	762
injury, abuse, or neglect that is known or reasonably suspected or	763
believed, as applicable, to exist, including any evidence of	764
previous injuries, abuse, or neglect;	765

(3) Any other information that might be helpful in	766
establishing the cause of the injury, abuse, or neglect that is	767
known or reasonably suspected or believed, as applicable, to have	768
occurred or of the threat of injury, abuse, or neglect that is	769
known or reasonably suspected or believed, as applicable, to	770
exist.	771

Any person, who is required by division (A) of this section	772
to report child abuse or child neglect that is known or reasonably	773
suspected or believed to have occurred, may take or cause to be	774
taken color photographs of areas of trauma visible on a child and,	775
if medically indicated, cause to be performed radiological	776
examinations of the child.	777

(D) As used in this division, "children's advocacy center"	778
and "sexual abuse of a child" have the same meanings as in section	779
2151.425 of the Revised Code.	780

(1) When a municipal or county peace officer receives a	781
report concerning the possible abuse or neglect of a child or the	782
possible threat of abuse or neglect of a child, upon receipt of	783
the report, the municipal or county peace officer who receives the	784
report shall refer the report to the appropriate public children	785
services agency.	786

(2) When a public children services agency receives a report	787
pursuant to this division or division (A) or (B) of this section,	788
upon receipt of the report, the public children services agency	789
shall do both of the following:	790

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

791

(b) If the county served by the agency is also served by a	792
children's advocacy center and the report alleges sexual abuse of	793
a child or another type of abuse of a child that is specified in	794
the memorandum of understanding that creates the center as being	795
within the center's jurisdiction, comply regarding the report with	796
the protocol and procedures for referrals and investigations, with	797
the coordinating activities, and with the authority or	798
responsibility for performing or providing functions, activities,	799
and services stipulated in the interagency agreement entered into	800
under section 2151.428 of the Revised Code relative to that	801
center.	802

(E) No township, municipal, or county peace officer shall	803
remove a child about whom a report is made pursuant to this	804
section from the child's parents, stepparents, or guardian or any	805
other persons having custody of the child without consultation	806
with the public children services agency, unless, in the judgment	807
of the officer, and, if the report was made by physician, the	808
physician, immediate removal is considered essential to protect	809
the child from further abuse or neglect. The agency that must be	810
consulted shall be the agency conducting the investigation of the	811
report as determined pursuant to section 2151.422 of the Revised	812
Code.	813

(F)(1) Except as provided in section 2151.422 of the Revised	814
Code or in an interagency agreement entered into under section	815
2151.428 of the Revised Code that applies to the particular	816
report, the public children services agency shall investigate,	817
within twenty-four hours, each report of child abuse or child	818
neglect that is known or reasonably suspected or believed to have	819
occurred and of a threat of child abuse or child neglect that is	820
known or reasonably suspected or believed to exist that is	821
referred to it under this section to determine the circumstances	822
surrounding the injuries, abuse, or neglect or the threat of	823
injury, abuse, or neglect, the cause of the injuries, abuse,	824
neglect, or threat, and the person or persons responsible. The	825
investigation shall be made in cooperation with the law	826
enforcement agency and in accordance with the memorandum of	827
understanding prepared under division (J) of this section. A	828
representative of the public children services agency shall, at	829
the time of initial contact with the person subject to the	830
investigation, inform the person of the specific complaints or	831
allegations made against the person. The information shall be	832
given in a manner that is consistent with division (H)(1) of this	833
section and protects the rights of the person making the report	834
under this section.	835

A failure to make the investigation in accordance with the	836
memorandum is not grounds for, and shall not result in, the	837
dismissal of any charges or complaint arising from the report or	838
the suppression of any evidence obtained as a result of the report	839
and does not give, and shall not be construed as giving, any	840
rights or any grounds for appeal or post-conviction relief to any	841
person. The public children services agency shall report each case	842
to the uniform statewide automated child welfare information	843
system that the department of job and family services shall	844
maintain in accordance with section 5101.13 of the Revised Code.	845
The public children services agency shall submit a report of its	846
investigation, in writing, to the law enforcement agency.	847

(2) The public children services agency shall make any	848
recommendations to the county prosecuting attorney or city	849
director of law that it considers necessary to protect any	850
children that are brought to its attention.	851

(G)(1)(a) Except as provided in division (H)(3) of this	852
section, anyone or any hospital, institution, school, health	853
department, or agency participating in the making of reports under	854
division (A) of this section, anyone or any hospital, institution,	855
school, health department, or agency participating in good faith	856
in the making of reports under division (B) of this section, and	857
anyone participating in good faith in a judicial proceeding	858
resulting from the reports, shall be immune from any civil or	859
criminal liability for injury, death, or loss to person or	860
property that otherwise might be incurred or imposed as a result	861
of the making of the reports or the participation in the judicial	862
proceeding.	863

(b) Notwithstanding section 4731.22 of the Revised Code, the	864
physician-patient privilege shall not be a ground for excluding	865
evidence regarding a child's injuries, abuse, or neglect, or the	866
cause of the injuries, abuse, or neglect in any judicial	867
proceeding resulting from a report submitted pursuant to this	868
section.	869

(2) In any civil or criminal action or proceeding in which it	870
is alleged and proved that participation in the making of a report	871
under this section was not in good faith or participation in a	872
judicial proceeding resulting from a report made under this	873
section was not in good faith, the court shall award the	874
prevailing party reasonable attorney's fees and costs and, if a	875
civil action or proceeding is voluntarily dismissed, may award	876
reasonable attorney's fees and costs to the party against whom the	877
civil action or proceeding is brought.	878

(H)(1) Except as provided in divisions (H)(4) and (N) of this	879
section, a report made under this section is confidential. The	880
information provided in a report made pursuant to this section and	881
the name of the person who made the report shall not be released	882
for use, and shall not be used, as evidence in any civil action or	883
proceeding brought against the person who made the report. Nothing	884
in this division shall preclude the use of reports of other	885
incidents of known or suspected abuse or neglect in a civil action	886
or proceeding brought pursuant to division (M) of this section	887
against a person who is alleged to have violated division (A)(1)	888
of this section, provided that any information in a report that	889
would identify the child who is the subject of the report or the	890
maker of the report, if the maker of the report is not the	891
defendant or an agent or employee of the defendant, has been	892
redacted. In a criminal proceeding, the report is admissible in	893
evidence in accordance with the Rules of Evidence and is subject	894
to discovery in accordance with the Rules of Criminal Procedure.	895

(2) No person shall permit or encourage the unauthorized	896
dissemination of the contents of any report made under this	897
section.	898

(3) A person who knowingly makes or causes another person to	899
make a false report under division (B) of this section that	900
alleges that any person has committed an act or omission that	901
resulted in a child being an abused child or a neglected child is	902
guilty of a violation of section 2921.14 of the Revised Code.	903

(4) If a report is made pursuant to division (A) or (B) of	904
this section and the child who is the subject of the report dies	905
for any reason at any time after the report is made, but before	906
the child attains eighteen years of age, the public children	907
services agency or municipal or county peace officer to which the	908
report was made or referred, on the request of the child fatality	909
review board, shall submit a summary sheet of information	910
providing a summary of the report to the review board of the	911
county in which the deceased child resided at the time of death.	912
On the request of the review board, the agency or peace officer	913
may, at its discretion, make the report available to the review	914
board. If the county served by the public children services agency	915
is also served by a children's advocacy center and the report of	916
alleged sexual abuse of a child or another type of abuse of a	917
child is specified in the memorandum of understanding that creates	918
the center as being within the center's jurisdiction, the agency	919
or center shall perform the duties and functions specified in this	920
division in accordance with the interagency agreement entered into	921
under section 2151.428 of the Revised Code relative to that	922
advocacy center.	923

(5) A public children services agency shall advise a person	924
alleged to have inflicted abuse or neglect on a child who is the	925
subject of a report made pursuant to this section, including a	926
report alleging sexual abuse of a child or another type of abuse	927
of a child referred to a children's advocacy center pursuant to an	928
interagency agreement entered into under section 2151.428 of the	929
Revised Code, in writing of the disposition of the investigation.	930
The agency shall not provide to the person any information that	931
identifies the person who made the report, statements of	932
witnesses, or police or other investigative reports.	933

(I) Any report that is required by this section, other than a	934
report that is made to the state highway patrol as described in	935
section 5120.173 of the Revised Code, shall result in protective	936
services and emergency supportive services being made available by	937
the public children services agency on behalf of the children	938
about whom the report is made, in an effort to prevent further	939
neglect or abuse, to enhance their welfare, and, whenever	940
possible, to preserve the family unit intact. The agency required	941
to provide the services shall be the agency conducting the	942
investigation of the report pursuant to section 2151.422 of the	943
Revised Code.	944

(J)(1) Each public children services agency shall prepare a	945
memorandum of understanding that is signed by all of the	946
following:	947

(a) If there is only one juvenile judge in the county, the	948
juvenile judge of the county or the juvenile judge's	949
representative;	950

(b) If there is more than one juvenile judge in the county, a	951
juvenile judge or the juvenile judges' representative selected by	952
the juvenile judges or, if they are unable to do so for any	953
reason, the juvenile judge who is senior in point of service or	954
the senior juvenile judge's representative;	955

(c) The county peace officer;

956

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

957

(e) Other law enforcement officers handling child abuse and	958
neglect cases in the county;	959

(f) The prosecuting attorney of the county;

960

(g) If the public children services agency is not the county	961
department of job and family services, the county department of	962
job and family services;	963

(h) The county humane society;

964

(i) If the public children services agency participated in	965
the execution of a memorandum of understanding under section	966
2151.426 of the Revised Code establishing a children's advocacy	967
center, each participating member of the children's advocacy	968
center established by the memorandum.	969

(2) A memorandum of understanding shall set forth the normal	970
operating procedure to be employed by all concerned officials in	971
the execution of their respective responsibilities under this	972
section and division (C) of section 2919.21, division (B)(1) of	973
section 2919.22, division (B) of section 2919.23, and section	974
2919.24 of the Revised Code and shall have as two of its primary	975
goals the elimination of all unnecessary interviews of children	976
who are the subject of reports made pursuant to division (A) or	977
(B) of this section and, when feasible, providing for only one	978
interview of a child who is the subject of any report made	979
pursuant to division (A) or (B) of this section. A failure to	980
follow the procedure set forth in the memorandum by the concerned	981
officials is not grounds for, and shall not result in, the	982
dismissal of any charges or complaint arising from any reported	983
case of abuse or neglect or the suppression of any evidence	984
obtained as a result of any reported child abuse or child neglect	985
and does not give, and shall not be construed as giving, any	986
rights or any grounds for appeal or post-conviction relief to any	987
person.	988

(3) A memorandum of understanding shall include all of the	989
following:	990

(a) The roles and responsibilities for handling emergency and	991
nonemergency cases of abuse and neglect;	992

(b) Standards and procedures to be used in handling and	993
coordinating investigations of reported cases of child abuse and	994
reported cases of child neglect, methods to be used in	995
interviewing the child who is the subject of the report and who	996
allegedly was abused or neglected, and standards and procedures	997
addressing the categories of persons who may interview the child	998
who is the subject of the report and who allegedly was abused or	999
neglected.	1000

(4) If a public children services agency participated in the	1001
execution of a memorandum of understanding under section 2151.426	1002
of the Revised Code establishing a children's advocacy center, the	1003
agency shall incorporate the contents of that memorandum in the	1004
memorandum prepared pursuant to this section.	1005

(5) The clerk of the court of common pleas in the county may	1006
sign the memorandum of understanding prepared under division	1007
(J)(1) of this section. If the clerk signs the memorandum of	1008
understanding, the clerk shall execute all relevant	1009
responsibilities as required of officials specified in the	1010
memorandum.	1011

(K)(1) Except as provided in division (K)(4) of this section,	1012
a person who is required to make a report pursuant to division (A)	1013
of this section may make a reasonable number of requests of the	1014
public children services agency that receives or is referred the	1015
report, or of the children's advocacy center that is referred the	1016
report if the report is referred to a children's advocacy center	1017
pursuant to an interagency agreement entered into under section	1018
2151.428 of the Revised Code, to be provided with the following	1019
information:	1020

(a) Whether the agency or center has initiated an	1021
investigation of the report;	1022

(b) Whether the agency or center is continuing to investigate	1023
the report;	1024

(c) Whether the agency or center is otherwise involved with	1025
the child who is the subject of the report;	1026

(d) The general status of the health and safety of the child	1027
who is the subject of the report;	1028

(e) Whether the report has resulted in the filing of a	1029
complaint in juvenile court or of criminal charges in another	1030
court.	1031

(2) A person may request the information specified in	1032
division (K)(1) of this section only if, at the time the report is	1033
made, the person's name, address, and telephone number are	1034
provided to the person who receives the report.	1035

When a municipal or county peace officer or employee of a	1036
public children services agency receives a report pursuant to	1037
division (A) or (B) of this section the recipient of the report	1038
shall inform the person of the right to request the information	1039
described in division (K)(1) of this section. The recipient of the	1040
report shall include in the initial child abuse or child neglect	1041
report that the person making the report was so informed and, if	1042
provided at the time of the making of the report, shall include	1043
the person's name, address, and telephone number in the report.	1044

Each request is subject to verification of the identity of	1045
the person making the report. If that person's identity is	1046
verified, the agency shall provide the person with the information	1047
described in division (K)(1) of this section a reasonable number	1048
of times, except that the agency shall not disclose any	1049
confidential information regarding the child who is the subject of	1050
the report other than the information described in those	1051
divisions.	1052

(3) A request made pursuant to division (K)(1) of this	1053
section is not a substitute for any report required to be made	1054
pursuant to division (A) of this section.	1055

(4) If an agency other than the agency that received or was	1056
referred the report is conducting the investigation of the report	1057
pursuant to section 2151.422 of the Revised Code, the agency	1058
conducting the investigation shall comply with the requirements of	1059
division (K) of this section.	1060

(L) The director of job and family services shall adopt rules	1061
in accordance with Chapter 119. of the Revised Code to implement	1062
this section. The department of job and family services may enter	1063
into a plan of cooperation with any other governmental entity to	1064
aid in ensuring that children are protected from abuse and	1065
neglect. The department shall make recommendations to the attorney	1066
general that the department determines are necessary to protect	1067
children from child abuse and child neglect.	1068

(M) Whoever violates division (A) of this section is liable	1069
for compensatory and exemplary damages to the child who would have	1070
been the subject of the report that was not made. A person who	1071
brings a civil action or proceeding pursuant to this division	1072
against a person who is alleged to have violated division (A)(1)	1073
of this section may use in the action or proceeding reports of	1074
other incidents of known or suspected abuse or neglect, provided	1075
that any information in a report that would identify the child who	1076
is the subject of the report or the maker of the report, if the	1077
maker is not the defendant or an agent or employee of the	1078
defendant, has been redacted.	1079

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

1080

(a) "Out-of-home care" includes a nonchartered nonpublic	1081
school if the alleged child abuse or child neglect, or alleged	1082
threat of child abuse or child neglect, described in a report	1083
received by a public children services agency allegedly occurred	1084
in or involved the nonchartered nonpublic school and the alleged	1085
perpetrator named in the report holds a certificate, permit, or	1086
license issued by the state board of education under section	1087
3301.071 or Chapter 3319. of the Revised Code.	1088

(b) "Administrator, director, or other chief administrative	1089
officer" means the superintendent of the school district if the	1090
out-of-home care entity subject to a report made pursuant to this	1091
section is a school operated by the district.	1092

(2) No later than the end of the day following the day on	1093
which a public children services agency receives a report of	1094
alleged child abuse or child neglect, or a report of an alleged	1095
threat of child abuse or child neglect, that allegedly occurred in	1096
or involved an out-of-home care entity, the agency shall provide	1097
written notice of the allegations contained in and the person	1098
named as the alleged perpetrator in the report to the	1099
administrator, director, or other chief administrative officer of	1100
the out-of-home care entity that is the subject of the report	1101
unless the administrator, director, or other chief administrative	1102
officer is named as an alleged perpetrator in the report. If the	1103
administrator, director, or other chief administrative officer of	1104
an out-of-home care entity is named as an alleged perpetrator in a	1105
report of alleged child abuse or child neglect, or a report of an	1106
alleged threat of child abuse or child neglect, that allegedly	1107
occurred in or involved the out-of-home care entity, the agency	1108
shall provide the written notice to the owner or governing board	1109
of the out-of-home care entity that is the subject of the report.	1110
The agency shall not provide witness statements or police or other	1111
investigative reports.	1112

(3) No later than three days after the day on which a public	1113
children services agency that conducted the investigation as	1114
determined pursuant to section 2151.422 of the Revised Code makes	1115
a disposition of an investigation involving a report of alleged	1116
child abuse or child neglect, or a report of an alleged threat of	1117
child abuse or child neglect, that allegedly occurred in or	1118
involved an out-of-home care entity, the agency shall send written	1119
notice of the disposition of the investigation to the	1120
administrator, director, or other chief administrative officer and	1121
the owner or governing board of the out-of-home care entity. The	1122
agency shall not provide witness statements or police or other	1123
investigative reports.	1124

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	1125
of this section, no person, knowing that a felony has been or is	1126
being committed, shall knowingly fail to report such information	1127
to law enforcement authorities.	1128

(2) No person, knowing that a violation of division (B) of	1129
section 2913.04 of the Revised Code has been, or is being	1130
committed or that the person has received information derived from	1131
such a violation, shall knowingly fail to report the violation to	1132
law enforcement authorities.	1133

(B) Except for conditions that are within the scope of	1134
division (E) of this section, no physician, limited practitioner,	1135
nurse, or other person giving aid to a sick or injured person	1136
shall negligently fail to report to law enforcement authorities	1137
any gunshot or stab wound treated or observed by the physician,	1138
limited practitioner, nurse, or person, or any serious physical	1139
harm to persons that the physician, limited practitioner, nurse,	1140
or person knows or has reasonable cause to believe resulted from	1141
an offense of violence.	1142

(C) No person who discovers the body or acquires the first	1143
knowledge of the death of a person shall fail to report the death	1144
immediately to a physician whom the person knows to be treating	1145
the deceased for a condition from which death at such time would	1146
not be unexpected, or to a law enforcement officer, an ambulance	1147
service, an emergency squad, or the coroner in a political	1148
subdivision in which the body is discovered, the death is believed	1149
to have occurred, or knowledge concerning the death is obtained.	1150

(D) No person shall fail to provide upon request of the	1151
person to whom a report required by division (C) of this section	1152
was made, or to any law enforcement officer who has reasonable	1153
cause to assert the authority to investigate the circumstances	1154
surrounding the death, any facts within the person's knowledge	1155
that may have a bearing on the investigation of the death.	1156

(E)(1) As used in this division, "burn injury" means any of	1157
the following:	1158

(a) Second or third degree burns;

1159

(b) Any burns to the upper respiratory tract or laryngeal	1160
edema due to the inhalation of superheated air;	1161

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

1162

(d) Any physical harm to persons caused by or as the result	1163
of the use of fireworks, novelties and trick noisemakers, and wire	1164
sparklers, as each is defined by section 3743.01 of the Revised	1165
Code.	1166

(2) No physician, nurse, or limited practitioner who, outside	1167
a hospital, sanitarium, or other medical facility, attends or	1168
treats a person who has sustained a burn injury that is inflicted	1169
by an explosion or other incendiary device or that shows evidence	1170
of having been inflicted in a violent, malicious, or criminal	1171
manner shall fail to report the burn injury immediately to the	1172
local arson, or fire and explosion investigation, bureau, if there	1173
is a bureau of this type in the jurisdiction in which the person	1174
is attended or treated, or otherwise to local law enforcement	1175
authorities.	1176

(3) No manager, superintendent, or other person in charge of	1177
a hospital, sanitarium, or other medical facility in which a	1178
person is attended or treated for any burn injury that is	1179
inflicted by an explosion or other incendiary device or that shows	1180
evidence of having been inflicted in a violent, malicious, or	1181
criminal manner shall fail to report the burn injury immediately	1182
to the local arson, or fire and explosion investigation, bureau,	1183
if there is a bureau of this type in the jurisdiction in which the	1184
person is attended or treated, or otherwise to local law	1185
enforcement authorities.	1186

(4) No person who is required to report any burn injury under	1187
division (E)(2) or (3) of this section shall fail to file, within	1188
three working days after attending or treating the victim, a	1189
written report of the burn injury with the office of the state	1190
fire marshal. The report shall comply with the uniform standard	1191
developed by the state fire marshal pursuant to division (A)(15)	1192
of section 3737.22 of the Revised Code.	1193

(5) Anyone participating in the making of reports under	1194
division (E) of this section or anyone participating in a judicial	1195
proceeding resulting from the reports is immune from any civil or	1196
criminal liability that otherwise might be incurred or imposed as	1197
a result of such actions. Notwithstanding section 4731.22 of the	1198
Revised Code, the physician-patient relationship is not a ground	1199
for excluding evidence regarding a person's burn injury or the	1200
cause of the burn injury in any judicial proceeding resulting from	1201
a report submitted under division (E) of this section.	1202

(F)(1) Any doctor of medicine or osteopathic medicine,	1203
hospital intern or resident, registered or licensed practical	1204
nurse, psychologist, social worker, independent social worker,	1205
social work assistant, professional clinical counselor, or	1206
professional counselorperson licensed or registered under Chapter	1207
4757. of the Revised Code who knows or has reasonable cause to	1208
believe that a patient or client has been the victim of domestic	1209
violence, as defined in section 3113.31 of the Revised Code, shall	1210
note that knowledge or belief and the basis for it in the	1211
patient's or client's records.	1212

(2) Notwithstanding section 4731.22 of the Revised Code, the	1213
doctor-patient privilege shall not be a ground for excluding any	1214
information regarding the report containing the knowledge or	1215
belief noted under division (F)(1) of this section, and the	1216
information may be admitted as evidence in accordance with the	1217
Rules of Evidence.	1218

(G) Divisions (A) and (D) of this section do not require	1219
disclosure of information, when any of the following applies:	1220

(1) The information is privileged by reason of the	1221
relationship between attorneythe following:	1222

(a) Attorney and client; doctor

1223

(b) Doctor and patient; licensed

1224

(c) Licensed psychologist or licensed school psychologist and	1225
client; member	1226

(d) Member of the clergy, rabbi, minister, or priest and any	1227
person communicating information confidentially to the member of	1228
the clergy, rabbi, minister, or priest for a religious counseling	1229
purpose of a professional character; husband	1230

(e) Husband and wife; or a

1231

(f) Person licensed or registered under Chapter 4757. of the	1232
Revised Code and client;	1233

(g) A communications assistant and those who are a party to a	1234
telecommunications relay service call.	1235

(2) The information would tend to incriminate a member of the	1236
actor's immediate family.	1237

(3) Disclosure of the information would amount to revealing a	1238
news source, privileged under section 2739.04 or 2739.12 of the	1239
Revised Code.	1240

(4) Disclosure of the information would amount to disclosure	1241
by a member of the ordained clergy of an organized religious body	1242
of a confidential communication made to that member of the clergy	1243
in that member's capacity as a member of the clergy by a person	1244
seeking the aid or counsel of that member of the clergy.	1245

(5) Disclosure would amount to revealing information acquired	1246
by the actor in the course of the actor's duties in connection	1247
with a bona fide program of treatment or services for drug	1248
dependent persons or persons in danger of drug dependence, which	1249
program is maintained or conducted by a hospital, clinic, person,	1250
agency, or organization certified pursuant to section 3793.06 of	1251
the Revised Code.	1252

(6) Disclosure would amount to revealing information acquired	1253
by the actor in the course of the actor's duties in connection	1254
with a bona fide program for providing counseling services to	1255
victims of crimes that are violations of section 2907.02 or	1256
2907.05 of the Revised Code or to victims of felonious sexual	1257
penetration in violation of former section 2907.12 of the Revised	1258
Code. As used in this division, "counseling services" include	1259
services provided in an informal setting by a person who, by	1260
education or experience, is competent to provide those services.	1261

(H) No disclosure of information pursuant to this section	1262
gives rise to any liability or recrimination for a breach of	1263
privilege or confidence.	1264

(I) Whoever violates division (A) or (B) of this section is	1265
guilty of failure to report a crime. Violation of division (A)(1)	1266
of this section is a misdemeanor of the fourth degree. Violation	1267
of division (A)(2) or (B) of this section is a misdemeanor of the	1268
second degree.	1269

(J) Whoever violates division (C) or (D) of this section is	1270
guilty of failure to report knowledge of a death, a misdemeanor of	1271
the fourth degree.	1272

(K)(1) Whoever negligently violates division (E) of this	1273
section is guilty of a minor misdemeanor.	1274

(2) Whoever knowingly violates division (E) of this section	1275
is guilty of a misdemeanor of the second degree.	1276

Sec. 3701.74.  (A) As used in this section and section	1277
3701.741 of the Revised Code:	1278

(1) "Ambulatory care facility" means a facility that provides	1279
medical, diagnostic, or surgical treatment to patients who do not	1280
require hospitalization, including a dialysis center, ambulatory	1281
surgical facility, cardiac catheterization facility, diagnostic	1282
imaging center, extracorporeal shock wave lithotripsy center, home	1283
health agency, inpatient hospice, birthing center, radiation	1284
therapy center, emergency facility, and an urgent care center.	1285
"Ambulatory care facility" does not include the private office of	1286
a physician or dentist, whether the office is for an individual or	1287
group practice.	1288

(2) "Chiropractor" means an individual licensed under Chapter	1289
4734. of the Revised Code to practice chiropractic.	1290

(3) "Emergency facility" means a hospital emergency	1291
department or any other facility that provides emergency medical	1292
services.	1293

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

1294

(a) A dentist or dental hygienist licensed under Chapter	1295
4715. of the Revised Code;	1296

(b) A registered or licensed practical nurse licensed under	1297
Chapter 4723. of the Revised Code;	1298

(c) An optometrist licensed under Chapter 4725. of the	1299
Revised Code;	1300

(d) A dispensing optician, spectacle dispensing optician,	1301
contact lens dispensing optician, or spectacle-contact lens	1302
dispensing optician licensed under Chapter 4725. of the Revised	1303
Code;	1304

(e) A pharmacist licensed under Chapter 4729. of the Revised	1305
Code;	1306

(f) A physician;

1307

(g) A physician assistant authorized under Chapter 4730. of	1308
the Revised Code to practice as a physician assistant;	1309

(h) A practitioner of a limited branch of medicine issued a	1310
certificate under Chapter 4731. of the Revised Code;	1311

(i) A psychologist licensed under Chapter 4732. of the	1312
Revised Code;	1313

(j) A chiropractor;

1314

(k) A hearing aid dealer or fitter licensed under Chapter	1315
4747. of the Revised Code;	1316

(l) A speech-language pathologist or audiologist licensed	1317
under Chapter 4753. of the Revised Code;	1318

(m) An occupational therapist or occupational therapy	1319
assistant licensed under Chapter 4755. of the Revised Code;	1320

(n) A physical therapist or physical therapy assistant	1321
licensed under Chapter 4755. of the Revised Code;	1322

(o) A professional clinical counselor, professional	1323
counselor, social worker, or independent social workerperson	1324
licensed, or a social work assistant registered, under Chapter	1325
4757. of the Revised Code;	1326

(p) A dietitian licensed under Chapter 4759. of the Revised	1327
Code;	1328

(q) A respiratory care professional licensed under Chapter	1329
4761. of the Revised Code;	1330

(r) An emergency medical technician-basic, emergency medical	1331
technician-intermediate, or emergency medical technician-paramedic	1332
certified under Chapter 4765. of the Revised Code.	1333

(5) "Health care provider" means a hospital, ambulatory care	1334
facility, long-term care facility, pharmacy, emergency facility,	1335
or health care practitioner.	1336

(6) "Hospital" has the same meaning as in section 3727.01 of	1337
the Revised Code.	1338

(7) "Long-term care facility" means a nursing home,	1339
residential care facility, or home for the aging, as those terms	1340
are defined in section 3721.01 of the Revised Code; an adult care	1341
facility, as defined in section 3722.01 of the Revised Code; a	1342
nursing facility or intermediate care facility for the mentally	1343
retarded, as those terms are defined in section 5111.20 of the	1344
Revised Code; a facility or portion of a facility certified as a	1345
skilled nursing facility under Title XVIII of the "Social Security	1346
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	1347

(8) "Medical record" means data in any form that pertains to	1348
a patient's medical history, diagnosis, prognosis, or medical	1349
condition and that is generated and maintained by a health care	1350
provider in the process of the patient's health care treatment.	1351

(9) "Medical records company" means a person who stores,	1352
locates, or copies medical records for a health care provider, or	1353
is compensated for doing so by a health care provider, and charges	1354
a fee for providing medical records to a patient or patient's	1355
representative.	1356

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

1357

(a) An individual who received health care treatment from a	1358
health care provider;	1359

(b) A guardian, as defined in section 1337.11 of the Revised	1360
Code, of an individual described in division (A)(10)(a) of this	1361
section.	1362

(11) "Patient's personal representative" means a minor	1363
patient's parent or other person acting in loco parentis, a	1364
court-appointed guardian, or a person with durable power of	1365
attorney for health care for a patient, the executor or	1366
administrator of the patient's estate, or the person responsible	1367
for the patient's estate if it is not to be probated. "Patient's	1368
personal representative" does not include an insurer authorized	1369
under Title XXXIX of the Revised Code to do the business of	1370
sickness and accident insurance in this state, a health insuring	1371
corporation holding a certificate of authority under Chapter 1751.	1372
of the Revised Code, or any other person not named in this	1373
division.	1374

(12) "Pharmacy" has the same meaning as in section 4729.01 of	1375
the Revised Code.	1376

(13) "Physician" means a person authorized under Chapter	1377
4731. of the Revised Code to practice medicine and surgery,	1378
osteopathic medicine and surgery, or podiatric medicine and	1379
surgery.	1380

(14) "Authorized person" means a person to whom a patient has	1381
given written authorization to act on the patient's behalf	1382
regarding the patient's medical record.	1383

(B) A patient, a patient's personal representative or an	1384
authorized person who wishes to examine or obtain a copy of part	1385
or all of a medical record shall submit to the health care	1386
provider a written request signed by the patient, personal	1387
representative, or authorized person dated not more than one year	1388
before the date on which it is submitted. The request shall	1389
indicate whether the copy is to be sent to the requestor,	1390
physician or chiropractor, or held for the requestor at the office	1391
of the health care provider. Within a reasonable time after	1392
receiving a request that meets the requirements of this division	1393
and includes sufficient information to identify the record	1394
requested, a health care provider that has the patient's medical	1395
records shall permit the patient to examine the record during	1396
regular business hours without charge or, on request, shall	1397
provide a copy of the record in accordance with section 3701.741	1398
of the Revised Code, except that if a physician or chiropractor	1399
who has treated the patient determines for clearly stated	1400
treatment reasons that disclosure of the requested record is	1401
likely to have an adverse effect on the patient, the health care	1402
provider shall provide the record to a physician or chiropractor	1403
designated by the patient. The health care provider shall take	1404
reasonable steps to establish the identity of the person making	1405
the request to examine or obtain a copy of the patient's record.	1406

(C) If a health care provider fails to furnish a medical	1407
record as required by division (B) of this section, the patient,	1408
personal representative, or authorized person who requested the	1409
record may bring a civil action to enforce the patient's right of	1410
access to the record.	1411

(D)(1) This section does not apply to medical records whose	1412
release is covered by section 173.20 or 3721.13 of the Revised	1413
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	1414
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	1415
Records," or by 42 C.F.R. 483.10.	1416

(2) Nothing in this section is intended to supersede the	1417
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	1418
and 2305.252 of the Revised Code.	1419

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	1420
Revised Code:	1421

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

1422

(1) A nursing home as defined in section 3721.01 of the	1423
Revised Code, other than a nursing home or part of a nursing home	1424
certified as an intermediate care facility for the mentally	1425
retarded under Title XIX of the "Social Security Act," 49 Stat.	1426
620 (1935), 42 U.S.C.A. 301, as amended;	1427

(2) A facility or part of a facility that is certified as a	1428
skilled nursing facility or a nursing facility under Title XVIII	1429
or XIX of the "Social Security Act."	1430

(B) "Residential care facility" has the same meaning as in	1431
section 3721.01 of the Revised Code.	1432

(C) "Abuse" means knowingly causing physical harm or	1433
recklessly causing serious physical harm to a resident by physical	1434
contact with the resident or by use of physical or chemical	1435
restraint, medication, or isolation as punishment, for staff	1436
convenience, excessively, as a substitute for treatment, or in	1437
amounts that preclude habilitation and treatment.	1438

(D) "Neglect" means recklessly failing to provide a resident	1439
with any treatment, care, goods, or service necessary to maintain	1440
the health or safety of the resident when the failure results in	1441
serious physical harm to the resident. "Neglect" does not include	1442
allowing a resident, at the resident's option, to receive only	1443
treatment by spiritual means through prayer in accordance with the	1444
tenets of a recognized religious denomination.	1445

(E) "Misappropriation" means depriving, defrauding, or	1446
otherwise obtaining the real or personal property of a resident by	1447
any means prohibited by the Revised Code, including violations of	1448
Chapter 2911. or 2913. of the Revised Code.	1449

(F) "Resident" includes a resident, patient, former resident	1450
or patient, or deceased resident or patient of a long-term care	1451
facility or a residential care facility.	1452

(G) "Physical restraint" has the same meaning as in section	1453
3721.10 of the Revised Code.	1454

(H) "Chemical restraint" has the same meaning as in section	1455
3721.10 of the Revised Code.	1456

(I) "Nursing and nursing-related services" means the personal	1457
care services and other services not constituting skilled nursing	1458
care that are specified in rules the public health council shall	1459
adopt in accordance with Chapter 119. of the Revised Code.	1460

(J) "Personal care services" has the same meaning as in	1461
section 3721.01 of the Revised Code.	1462

(K)(1) Except as provided in division (K)(2) of this section,	1463
"nurse aide" means an individual who provides nursing and	1464
nursing-related services to residents in a long-term care	1465
facility, either as a member of the staff of the facility for	1466
monetary compensation or as a volunteer without monetary	1467
compensation.	1468

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

1469

(a) A licensed health professional practicing within the	1470
scope of the professional's license;	1471

(b) An individual providing nursing and nursing-related	1472
services in a religious nonmedical health care institution, if the	1473
individual has been trained in the principles of nonmedical care	1474
and is recognized by the institution as being competent in the	1475
administration of care within the religious tenets practiced by	1476
the residents of the institution.	1477

(L) "Licensed health professional" means all of the	1478
following:	1479

(1) An occupational therapist or occupational therapy	1480
assistant licensed under Chapter 4755. of the Revised Code;	1481

(2) A physical therapist or physical therapy assistant	1482
licensed under Chapter 4755. of the Revised Code;	1483

(3) A physician authorized under Chapter 4731. of the Revised	1484
Code to practice medicine and surgery, osteopathic medicine and	1485
surgery, or podiatry;	1486

(4) A physician assistant authorized under Chapter 4730. of	1487
the Revised Code to practice as a physician assistant;	1488

(5) A registered nurse or licensed practical nurse licensed	1489
under Chapter 4723. of the Revised Code;	1490

(6) A social worker or independent social workerperson	1491
licensed or registered under Chapter 4757. of the Revised Code or	1492
a social work assistant registered under that chapter;	1493

(7) A speech-language pathologist or audiologist licensed	1494
under Chapter 4753. of the Revised Code;	1495

(8) A dentist or dental hygienist licensed under Chapter	1496
4715. of the Revised Code;	1497

(9) An optometrist licensed under Chapter 4725. of the	1498
Revised Code;	1499

(10) A pharmacist licensed under Chapter 4729. of the Revised	1500
Code;	1501

(11) A psychologist licensed under Chapter 4732. of the	1502
Revised Code;	1503

(12) A chiropractor licensed under Chapter 4734. of the	1504
Revised Code;	1505

(13) A nursing home administrator licensed or temporarily	1506
licensed under Chapter 4751. of the Revised Code;	1507

(14) A professional counselor or professional clinical	1508
counselor licensed under Chapter 4757. of the Revised Code.	1509

(M) "Religious nonmedical health care institution" means an	1510
institution that meets or exceeds the conditions to receive	1511
payment under the medicare program established under Title XVIII	1512
of the "Social Security Act" for inpatient hospital services or	1513
post-hospital extended care services furnished to an individual in	1514
a religious nonmedical health care institution, as defined in	1515
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	1516
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	1517

(N) "Competency evaluation program" means a program through	1518
which the competency of a nurse aide to provide nursing and	1519
nursing-related services is evaluated.	1520

(O) "Training and competency evaluation program" means a	1521
program of nurse aide training and evaluation of competency to	1522
provide nursing and nursing-related services.	1523

Sec. 4723.16.  (A) An individual whom the board of nursing	1524
licenses, certificates, or otherwise legally authorizes to engage	1525
in the practice of nursing as a registered nurse or as a licensed	1526
practical nurse may render the professional services of a	1527
registered or licensed practical nurse within this state through a	1528
corporation formed under division (B) of section 1701.03 of the	1529
Revised Code, a limited liability company formed under Chapter	1530
1705. of the Revised Code, a partnership, or a professional	1531
association formed under Chapter 1785. of the Revised Code. This	1532
division does not preclude an individual of that nature from	1533
rendering professional services as a registered or licensed	1534
practical nurse through another form of business entity,	1535
including, but not limited to, a nonprofit corporation or	1536
foundation, or in another manner that is authorized by or in	1537
accordance with this chapter, another chapter of the Revised Code,	1538
or rules of the board of nursing adopted pursuant to this chapter.	1539

(B) A corporation, limited liability company, partnership, or	1540
professional association described in division (A) of this section	1541
may be formed for the purpose of providing a combination of the	1542
professional services of the following individuals who are	1543
licensed, certificated, or otherwise legally authorized to	1544
practice their respective professions:	1545

(1) Optometrists who are authorized to practice optometry	1546
under Chapter 4725. of the Revised Code;	1547

(2) Chiropractors who are authorized to practice chiropractic	1548
or acupuncture under Chapter 4734. of the Revised Code;	1549

(3) Psychologists who are authorized to practice psychology	1550
under Chapter 4732. of the Revised Code;	1551

(4) Registered or licensed practical nurses who are	1552
authorized to practice nursing as registered nurses or as licensed	1553
practical nurses under this chapter;	1554

(5) Pharmacists who are authorized to practice pharmacy under	1555
Chapter 4729. of the Revised Code;	1556

(6) Physical therapists who are authorized to practice	1557
physical therapy under sections 4755.40 to 4755.56 of the Revised	1558
Code;	1559

(7) Occupational therapists who are licensed to practice	1560
occupational therapy under sections 4755.04 to 4755.13 of the	1561
Revised Code;	1562

(8) Mechanotherapists who are authorized to practice	1563
mechanotherapy under section 4731.151 of the Revised Code;	1564

(9) Doctors of medicine and surgery, osteopathic medicine and	1565
surgery, or podiatric medicine and surgery who are licensed,	1566
certificated, or otherwise legally authorized for their respective	1567
practices under Chapter 4731. of the Revised Code;	1568

(10) Professional clinical counselors, professional	1569
counselors, independent social workers, social workers, social	1570
work assistants, independent marriage and family therapists,	1571
marriage and family therapists, and art therapists who are	1572
authorized for their respective practices under Chapter 4757. of	1573
the Revised Code.	1574

This division shall apply notwithstanding a provision of a	1575
code of ethics applicable to a nurse that prohibits a registered	1576
or licensed practical nurse from engaging in the practice of	1577
nursing as a registered nurse or as a licensed practical nurse in	1578
combination with a person who is licensed, certificated, or	1579
otherwise legally authorized to practice optometry, chiropractic,	1580
acupuncture through the state chiropractic board, psychology,	1581
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1582
medicine and surgery, osteopathic medicine and surgery, or	1583
podiatric medicine and surgery, professional counseling, social	1584
work, marriage and family therapy, or art therapy, but who is not	1585
also licensed, certificated, or otherwise legally authorized to	1586
engage in the practice of nursing as a registered nurse or as a	1587
licensed practical nurse.	1588

Sec. 4725.33.  (A) An individual whom the state board of	1589
optometry licenses to engage in the practice of optometry may	1590
render the professional services of an optometrist within this	1591
state through a corporation formed under division (B) of section	1592
1701.03 of the Revised Code, a limited liability company formed	1593
under Chapter 1705. of the Revised Code, a partnership, or a	1594
professional association formed under Chapter 1785. of the Revised	1595
Code. This division does not preclude an optometrist from	1596
rendering professional services as an optometrist through another	1597
form of business entity, including, but not limited to, a	1598
nonprofit corporation or foundation, or in another manner that is	1599
authorized by or in accordance with this chapter, another chapter	1600
of the Revised Code, or rules of the state board of optometry	1601
adopted pursuant to this chapter.	1602

(B) A corporation, limited liability company, partnership, or	1603
professional association described in division (A) of this section	1604
may be formed for the purpose of providing a combination of the	1605
professional services of the following individuals who are	1606
licensed, certificated, or otherwise legally authorized to	1607
practice their respective professions:	1608

(1) Optometrists who are authorized to practice optometry	1609
under Chapter 4725. of the Revised Code;	1610

(2) Chiropractors who are authorized to practice chiropractic	1611
or acupuncture under Chapter 4734. of the Revised Code;	1612

(3) Psychologists who are authorized to practice psychology	1613
under Chapter 4732. of the Revised Code;	1614

(4) Registered or licensed practical nurses who are	1615
authorized to practice nursing as registered nurses or as licensed	1616
practical nurses under Chapter 4723. of the Revised Code;	1617

(5) Pharmacists who are authorized to practice pharmacy under	1618
Chapter 4729. of the Revised Code;	1619

(6) Physical therapists who are authorized to practice	1620
physical therapy under sections 4755.40 to 4755.56 of the Revised	1621
Code;	1622

(7) Mechanotherapists who are authorized to practice	1623
mechanotherapy under section 4731.151 of the Revised Code;	1624

(8) Doctors of medicine and surgery, osteopathic medicine and	1625
surgery, or podiatric medicine and surgery who are authorized for	1626
their respective practices under Chapter 4731. of the Revised	1627
Code;	1628

(9) Professional clinical counselors, professional	1629
counselors, independent social workers, social workers, social	1630
work assistants, independent marriage and family therapists,	1631
marriage and family therapists, and art therapists who are	1632
authorized for their respective practices under Chapter 4757. of	1633
the Revised Code.	1634

This division shall apply notwithstanding a provision of a	1635
code of ethics applicable to an optometrist that prohibits an	1636
optometrist from engaging in the practice of optometry in	1637
combination with a person who is licensed, certificated, or	1638
otherwise legally authorized to practice chiropractic, acupuncture	1639
through the state chiropractic board, psychology, nursing,	1640
pharmacy, physical therapy, mechanotherapy, medicine and surgery,	1641
osteopathic medicine and surgery, or podiatric medicine and	1642
surgery, professional counseling, social work, marriage and family	1643
therapy, or art therapy, but who is not also licensed,	1644
certificated, or otherwise legally authorized to engage in the	1645
practice of optometry.	1646

Sec. 4729.161.  (A) An individual registered with the state	1647
board of pharmacy to engage in the practice of pharmacy may render	1648
the professional services of a pharmacist within this state	1649
through a corporation formed under division (B) of section 1701.03	1650
of the Revised Code, a limited liability company formed under	1651
Chapter 1705. of the Revised Code, a partnership, or a	1652
professional association formed under Chapter 1785. of the Revised	1653
Code. This division does not preclude an individual of that nature	1654
from rendering professional services as a pharmacist through	1655
another form of business entity, including, but not limited to, a	1656
nonprofit corporation or foundation, or in another manner that is	1657
authorized by or in accordance with this chapter, another chapter	1658
of the Revised Code, or rules of the state board of pharmacy	1659
adopted pursuant to this chapter.	1660

(B) A corporation, limited liability company, partnership, or	1661
professional association described in division (A) of this section	1662
may be formed for the purpose of providing a combination of the	1663
professional services of the following individuals who are	1664
licensed, certificated, or otherwise legally authorized to	1665
practice their respective professions:	1666

(1) Optometrists who are authorized to practice optometry	1667
under Chapter 4725. of the Revised Code;	1668

(2) Chiropractors who are authorized to practice chiropractic	1669
or acupuncture under Chapter 4734. of the Revised Code;	1670

(3) Psychologists who are authorized to practice psychology	1671
under Chapter 4732. of the Revised Code;	1672

(4) Registered or licensed practical nurses who are	1673
authorized to practice nursing as registered nurses or as licensed	1674
practical nurses under Chapter 4723. of the Revised Code;	1675

(5) Pharmacists who are authorized to practice pharmacy under	1676
Chapter 4729. of the Revised Code;	1677

(6) Physical therapists who are authorized to practice	1678
physical therapy under sections 4755.40 to 4755.56 of the Revised	1679
Code;	1680

(7) Occupational therapists who are authorized to practice	1681
occupational therapy under sections 4755.04 to 4755.13 of the	1682
Revised Code;	1683

(8) Mechanotherapists who are authorized to practice	1684
mechanotherapy under section 4731.151 of the Revised Code;	1685

(9) Doctors of medicine and surgery, osteopathic medicine and	1686
surgery, or podiatric medicine and surgery who are authorized for	1687
their respective practices under Chapter 4731. of the Revised	1688
Code;	1689

(10) Professional clinical counselors, professional	1690
counselors, independent social workers, social workers, social	1691
work assistants, independent marriage and family therapists,	1692
marriage and family therapists, and art therapists who are	1693
authorized for their respective practices under Chapter 4757. of	1694
the Revised Code.	1695

This division shall apply notwithstanding a provision of a	1696
code of ethics applicable to a pharmacist that prohibits a	1697
pharmacist from engaging in the practice of pharmacy in	1698
combination with a person who is licensed, certificated, or	1699
otherwise legally authorized to practice optometry, chiropractic,	1700
acupuncture through the state chiropractic board, psychology,	1701
nursing, physical therapy, occupational therapy, mechanotherapy,	1702
medicine and surgery, osteopathic medicine and surgery, or	1703
podiatric medicine and surgery, professional counseling, social	1704
work, marriage and family therapy, or art therapy, but who is not	1705
also licensed, certificated, or otherwise legally authorized to	1706
engage in the practice of pharmacy.	1707

Sec. 4731.226.  (A)(1) An individual whom the state medical	1708
board licenses, certificates, or otherwise legally authorizes to	1709
engage in the practice of medicine and surgery, osteopathic	1710
medicine and surgery, or podiatric medicine and surgery may render	1711
the professional services of a doctor of medicine and surgery,	1712
osteopathic medicine and surgery, or podiatric medicine and	1713
surgery within this state through a corporation formed under	1714
division (B) of section 1701.03 of the Revised Code, a limited	1715
liability company formed under Chapter 1705. of the Revised Code,	1716
a partnership, or a professional association formed under Chapter	1717
1785. of the Revised Code. Division (A)(1) of this section does	1718
not preclude an individual of that nature from rendering	1719
professional services as a doctor of medicine and surgery,	1720
osteopathic medicine and surgery, or podiatric medicine and	1721
surgery through another form of business entity, including, but	1722
not limited to, a nonprofit corporation or foundation, or in	1723
another manner that is authorized by or in accordance with this	1724
chapter, another chapter of the Revised Code, or rules of the	1725
state medical board adopted pursuant to this chapter.	1726

(2) An individual whom the state medical board authorizes to	1727
engage in the practice of mechanotherapy may render the	1728
professional services of a mechanotherapist within this state	1729
through a corporation formed under division (B) of section 1701.03	1730
of the Revised Code, a limited liability company formed under	1731
Chapter 1705. of the Revised Code, a partnership, or a	1732
professional association formed under Chapter 1785. of the Revised	1733
Code. Division (A)(2) of this section does not preclude an	1734
individual of that nature from rendering professional services as	1735
a mechanotherapist through another form of business entity,	1736
including, but not limited to, a nonprofit corporation or	1737
foundation, or in another manner that is authorized by or in	1738
accordance with this chapter, another chapter of the Revised Code,	1739
or rules of the state medical board adopted pursuant to this	1740
chapter.	1741

(B) A corporation, limited liability company, partnership, or	1742
professional association described in division (A) of this section	1743
may be formed for the purpose of providing a combination of the	1744
professional services of the following individuals who are	1745
licensed, certificated, or otherwise legally authorized to	1746
practice their respective professions:	1747

(1) Optometrists who are authorized to practice optometry	1748
under Chapter 4725. of the Revised Code;	1749

(2) Chiropractors who are authorized to practice chiropractic	1750
or acupuncture under Chapter 4734. of the Revised Code;	1751

(3) Psychologists who are authorized to practice psychology	1752
under Chapter 4732. of the Revised Code;	1753

(4) Registered or licensed practical nurses who are	1754
authorized to practice nursing as registered nurses or as licensed	1755
practical nurses under Chapter 4723. of the Revised Code;	1756

(5) Pharmacists who are authorized to practice pharmacy under	1757
Chapter 4729. of the Revised Code;	1758

(6) Physical therapists who are authorized to practice	1759
physical therapy under sections 4755.40 to 4755.56 of the Revised	1760
Code;	1761

(7) Occupational therapists who are authorized to practice	1762
occupational therapy under sections 4755.04 to 4755.13 of the	1763
Revised Code;	1764

(8) Mechanotherapists who are authorized to practice	1765
mechanotherapy under section 4731.151 of the Revised Code;	1766

(9) Doctors of medicine and surgery, osteopathic medicine and	1767
surgery, or podiatric medicine and surgery who are authorized for	1768
their respective practices under this chapter;	1769

(10) Professional clinical counselors, professional	1770
counselors, independent social workers, social workers, social	1771
work assistants, independent marriage and family therapists,	1772
marriage and family therapists, and art therapists who are	1773
authorized for their respective practices under Chapter 4757. of	1774
the Revised Code.	1775

(C) Division (B) of this section shall apply notwithstanding	1776
a provision of a code of ethics described in division (B)(18) of	1777
section 4731.22 of the Revised Code that prohibits either of the	1778
following:	1779

(1) A doctor of medicine and surgery, osteopathic medicine	1780
and surgery, or podiatric medicine and surgery from engaging in	1781
the doctor's authorized practice in combination with a person who	1782
is licensed, certificated, or otherwise legally authorized to	1783
engage in the practice of optometry, chiropractic, acupuncture	1784
through the state chiropractic board, psychology, nursing,	1785
pharmacy, physical therapy, occupational therapy, or	1786
mechanotherapy, professional counseling, social work, marriage and	1787
family therapy, or art therapy, but who is not also licensed,	1788
certificated, or otherwise legally authorized to practice medicine	1789
and surgery, osteopathic medicine and surgery, or podiatric	1790
medicine and surgery.	1791

(2) A mechanotherapist from engaging in the practice of	1792
mechanotherapy in combination with a person who is licensed,	1793
certificated, or otherwise legally authorized to engage in the	1794
practice of optometry, chiropractic, acupuncture through the state	1795
chiropractic board, psychology, nursing, pharmacy, physical	1796
therapy, occupational therapy, medicine and surgery, osteopathic	1797
medicine and surgery, or podiatric medicine and surgery,	1798
professional counseling, social work, marriage and family therapy,	1799
or art therapy, but who is not also licensed, certificated, or	1800
otherwise legally authorized to engage in the practice of	1801
mechanotherapy.	1802

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	1803
Revised Code:	1804

(A)(1) "Clinical laboratory services" means either of the	1805
following:	1806

(a) Any examination of materials derived from the human body	1807
for the purpose of providing information for the diagnosis,	1808
prevention, or treatment of any disease or impairment or for the	1809
assessment of health;	1810

(b) Procedures to determine, measure, or otherwise describe	1811
the presence or absence of various substances or organisms in the	1812
body.	1813

(2) "Clinical laboratory services" does not include the mere	1814
collection or preparation of specimens.	1815

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

1816

(1) Clinical laboratory services;

1817

(2) Home health care services;

1818

(3) Outpatient prescription drugs.

1819

(C) "Fair market value" means the value in arms-length	1820
transactions, consistent with general market value and:	1821

(1) With respect to rentals or leases, the value of rental	1822
property for general commercial purposes, not taking into account	1823
its intended use;	1824

(2) With respect to a lease of space, not adjusted to reflect	1825
the additional value the prospective lessee or lessor would	1826
attribute to the proximity or convenience to the lessor if the	1827
lessor is a potential source of referrals to the lessee.	1828

(D) "Governmental health care program" means any program	1829
providing health care benefits that is administered by the federal	1830
government, this state, or a political subdivision of this state,	1831
including the medicare program established under Title XVIII of	1832
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	1833
as amended, health care coverage for public employees, health care	1834
benefits administered by the bureau of workers' compensation, the	1835
medicaid program established under Chapter 5111. of the Revised	1836
Code, and the children's buy-in program established under sections	1837
5101.5211 to 5101.5216 of the Revised Code.	1838

(E)(1) "Group practice" means a group of two or more holders	1839
of certificates under this chapter legally organized as a	1840
partnership, professional corporation or association, limited	1841
liability company, foundation, nonprofit corporation, faculty	1842
practice plan, or similar group practice entity, including an	1843
organization comprised of a nonprofit medical clinic that	1844
contracts with a professional corporation or association of	1845
physicians to provide medical services exclusively to patients of	1846
the clinic in order to comply with section 1701.03 of the Revised	1847
Code and including a corporation, limited liability company,	1848
partnership, or professional association described in division (B)	1849
of section 4731.226 of the Revised Code formed for the purpose of	1850
providing a combination of the professional services of	1851
optometrists who are licensed, certificated, or otherwise legally	1852
authorized to practice optometry under Chapter 4725. of the	1853
Revised Code, chiropractors who are licensed, certificated, or	1854
otherwise legally authorized to practice chiropractic or	1855
acupuncture under Chapter 4734. of the Revised Code, psychologists	1856
who are licensed, certificated, or otherwise legally authorized to	1857
practice psychology under Chapter 4732. of the Revised Code,	1858
registered or licensed practical nurses who are licensed,	1859
certificated, or otherwise legally authorized to practice nursing	1860
under Chapter 4723. of the Revised Code, pharmacists who are	1861
licensed, certificated, or otherwise legally authorized to	1862
practice pharmacy under Chapter 4729. of the Revised Code,	1863
physical therapists who are licensed, certificated, or otherwise	1864
legally authorized to practice physical therapy under sections	1865
4755.40 to 4755.56 of the Revised Code, occupational therapists	1866
who are licensed, certificated, or otherwise legally authorized to	1867
practice occupational therapy under sections 4755.04 to 4755.13 of	1868
the Revised Code, mechanotherapists who are licensed,	1869
certificated, or otherwise legally authorized to practice	1870
mechanotherapy under section 4731.151 of the Revised Code,	1871
professional clinical counselors, professional counselors,	1872
independent social workers, social workers, social work	1873
assistants, independent marriage and family therapists, marriage	1874
and family therapists, and art therapists who are licensed,	1875
certificated, or otherwise legally authorized for their respective	1876
practices under Chapter 4757. of the Revised Code, and doctors of	1877
medicine and surgery, osteopathic medicine and surgery, or	1878
podiatric medicine and surgery who are licensed, certificated, or	1879
otherwise legally authorized for their respective practices under	1880
this chapter, to which all of the following apply:	1881

(a) Each physician who is a member of the group practice	1882
provides substantially the full range of services that the	1883
physician routinely provides, including medical care,	1884
consultation, diagnosis, or treatment, through the joint use of	1885
shared office space, facilities, equipment, and personnel.	1886

(b) Substantially all of the services of the members of the	1887
group are provided through the group and are billed in the name of	1888
the group and amounts so received are treated as receipts of the	1889
group.	1890

(c) The overhead expenses of and the income from the practice	1891
are distributed in accordance with methods previously determined	1892
by members of the group.	1893

(d) The group practice meets any other requirements that the	1894
state medical board applies in rules adopted under section 4731.70	1895
of the Revised Code.	1896

(2) In the case of a faculty practice plan associated with a	1897
hospital with a medical residency training program in which	1898
physician members may provide a variety of specialty services and	1899
provide professional services both within and outside the group,	1900
as well as perform other tasks such as research, the criteria in	1901
division (E)(1) of this section apply only with respect to	1902
services rendered within the faculty practice plan.	1903

(F) "Home health care services" and "immediate family" have	1904
the same meanings as in the rules adopted under section 4731.70 of	1905
the Revised Code.	1906

(G) "Hospital" has the same meaning as in section 3727.01 of	1907
the Revised Code.	1908

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

1909

(1) A request by a holder of a certificate under this chapter	1910
for an item or service, including a request for a consultation	1911
with another physician and any test or procedure ordered by or to	1912
be performed by or under the supervision of the other physician;	1913

(2) A request for or establishment of a plan of care by a	1914
certificate holder that includes the provision of designated	1915
health services.	1916

(I) "Third-party payer" has the same meaning as in section	1917
3901.38 of the Revised Code.	1918

Sec. 4732.28.  (A) An individual whom the state board of	1919
psychology licenses, certificates, or otherwise legally authorizes	1920
to engage in the practice of psychology may render the	1921
professional services of a psychologist within this state through	1922
a corporation formed under division (B) of section 1701.03 of the	1923
Revised Code, a limited liability company formed under Chapter	1924
1705. of the Revised Code, a partnership, or a professional	1925
association formed under Chapter 1785. of the Revised Code. This	1926
division does not preclude an individual of that nature from	1927
rendering professional services as a psychologist through another	1928
form of business entity, including, but not limited to, a	1929
nonprofit corporation or foundation, or in another manner that is	1930
authorized by or in accordance with this chapter, another chapter	1931
of the Revised Code, or rules of the state board of psychology	1932
adopted pursuant to this chapter.	1933

(B) A corporation, limited liability company, partnership, or	1934
professional association described in division (A) of this section	1935
may be formed for the purpose of providing a combination of the	1936
professional services of the following individuals who are	1937
licensed, certificated, or otherwise legally authorized to	1938
practice their respective professions:	1939

(1) Optometrists who are authorized to practice optometry	1940
under Chapter 4725. of the Revised Code;	1941

(2) Chiropractors who are authorized to practice chiropractic	1942
or acupuncture under Chapter 4734. of the Revised Code;	1943

(3) Psychologists who are authorized to practice psychology	1944
under this chapter;	1945

(4) Registered or licensed practical nurses who are	1946
authorized to practice nursing as registered nurses or as licensed	1947
practical nurses under Chapter 4723. of the Revised Code;	1948

(5) Pharmacists who are authorized to practice pharmacy under	1949
Chapter 4729. of the Revised Code;	1950

(6) Physical therapists who are authorized to practice	1951
physical therapy under sections 4755.40 to 4755.56 of the Revised	1952
Code;	1953

(7) Occupational therapists who are authorized to practice	1954
occupational therapy under sections 4755.04 to 4755.13 of the	1955
Revised Code;	1956

(8) Mechanotherapists who are authorized to practice	1957
mechanotherapy under section 4731.151 of the Revised Code;	1958

(9) Doctors of medicine and surgery, osteopathic medicine and	1959
surgery, or podiatric medicine and surgery who are authorized for	1960
their respective practices under Chapter 4731. of the Revised	1961
Code;	1962

(10) Professional clinical counselors, professional	1963
counselors, independent social workers, social workers, social	1964
work assistants, independent marriage and family therapists,	1965
marriage and family therapists, and art therapists who are	1966
authorized for their respective practices under Chapter 4757. of	1967
the Revised Code.	1968

This division shall apply notwithstanding a provision of a	1969
code of ethics applicable to a psychologist that prohibits a	1970
psychologist from engaging in the practice of psychology in	1971
combination with a person who is licensed, certificated, or	1972
otherwise legally authorized to practice optometry, chiropractic,	1973
acupuncture through the state chiropractic board, nursing,	1974
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1975
medicine and surgery, osteopathic medicine and surgery, or	1976
podiatric medicine and surgery, professional counseling, social	1977
work, marriage and family therapy, or art therapy, but who is not	1978
also licensed, certificated, or otherwise legally authorized to	1979
engage in the practice of psychology.	1980

Sec. 4734.17.  (A) An individual whom the state chiropractic	1981
board licenses to engage in the practice of chiropractic or	1982
certifies to practice acupuncture may render the professional	1983
services of a chiropractor or chiropractor certified to practice	1984
acupuncture within this state through a corporation formed under	1985
division (B) of section 1701.03 of the Revised Code, a limited	1986
liability company formed under Chapter 1705. of the Revised Code,	1987
a partnership, or a professional association formed under Chapter	1988
1785. of the Revised Code. This division does not preclude a	1989
chiropractor from rendering professional services as a	1990
chiropractor or chiropractor certified to practice acupuncture	1991
through another form of business entity, including, but not	1992
limited to, a nonprofit corporation or foundation, or in another	1993
manner that is authorized by or in accordance with this chapter,	1994
another chapter of the Revised Code, or rules of the state	1995
chiropractic board adopted pursuant to this chapter.	1996

(B) A corporation, limited liability company, partnership, or	1997
professional association described in division (A) of this section	1998
may be formed for the purpose of providing a combination of the	1999
professional services of the following individuals who are	2000
licensed, certificated, or otherwise legally authorized to	2001
practice their respective professions:	2002

(1) Optometrists who are authorized to practice optometry,	2003
under Chapter 4725. of the Revised Code;	2004

(2) Chiropractors who are authorized to practice chiropractic	2005
or acupuncture under this chapter;	2006

(3) Psychologists who are authorized to practice psychology	2007
under Chapter 4732. of the Revised Code;	2008

(4) Registered or licensed practical nurses who are	2009
authorized to practice nursing as registered nurses or as licensed	2010
practical nurses under Chapter 4723. of the Revised Code;	2011

(5) Pharmacists who are authorized to practice pharmacy under	2012
Chapter 4729. of the Revised Code;	2013

(6) Physical therapists who are authorized to practice	2014
physical therapy under sections 4755.40 to 4755.56 of the Revised	2015
Code;	2016

(7) Occupational therapists who are authorized to practice	2017
occupational therapy under sections 4755.04 to 4755.13 of the	2018
Revised Code;	2019

(8) Mechanotherapists who are authorized to practice	2020
mechanotherapy under section 4731.151 of the Revised Code;	2021

(9) Doctors of medicine and surgery, osteopathic medicine and	2022
surgery, or podiatric medicine and surgery who are authorized for	2023
their respective practices under Chapter 4731. of the Revised	2024
Code;	2025

(10) Professional clinical counselors, professional	2026
counselors, independent social workers, social workers, social	2027
work assistants, independent marriage and family therapists,	2028
marriage and family therapists, and art therapists who are	2029
authorized for their respective practices under Chapter 4757. of	2030
the Revised Code.	2031

This division shall apply notwithstanding a provision of any	2032
code of ethics established or adopted under section 4734.16 of the	2033
Revised Code that prohibits an individual from engaging in the	2034
practice of chiropractic or acupuncture in combination with an	2035
individual who is licensed, certificated, or otherwise authorized	2036
for the practice of optometry, psychology, nursing, pharmacy,	2037
physical therapy, occupational therapy, mechanotherapy, medicine	2038
and surgery, osteopathic medicine and surgery, or podiatric	2039
medicine and surgery, professional counseling, social work,	2040
marriage and family therapy, or art therapy, but who is not also	2041
licensed under this chapter to engage in the practice of	2042
chiropractic.	2043

Sec. 4755.471.  (A) An individual whom the physical therapy	2044
section of the Ohio occupational therapy, physical therapy, and	2045
athletic trainers board licenses, certificates, or otherwise	2046
legally authorizes to engage in the practice of physical therapy	2047
may render the professional services of a physical therapist	2048
within this state through a corporation formed under division (B)	2049
of section 1701.03 of the Revised Code, a limited liability	2050
company formed under Chapter 1705. of the Revised Code, a	2051
partnership, or a professional association formed under Chapter	2052
1785. of the Revised Code. This division does not preclude an	2053
individual of that nature from rendering professional services as	2054
a physical therapist through another form of business entity,	2055
including, but not limited to, a nonprofit corporation or	2056
foundation, or in another manner that is authorized by or in	2057
accordance with sections 4755.40 to 4755.53 of the Revised Code,	2058
another chapter of the Revised Code, or rules of the Ohio	2059
occupational therapy, physical therapy, and athletic trainers	2060
board adopted pursuant to sections 4755.40 to 4755.53 of the	2061
Revised Code.	2062

(B) A corporation, limited liability company, partnership, or	2063
professional association described in division (A) of this section	2064
may be formed for the purpose of providing a combination of the	2065
professional services of the following individuals who are	2066
licensed, certificated, or otherwise legally authorized to	2067
practice their respective professions:	2068

(1) Optometrists who are authorized to practice optometry	2069
under Chapter 4725. of the Revised Code;	2070

(2) Chiropractors who are authorized to practice chiropractic	2071
or acupuncture under Chapter 4734. of the Revised Code;	2072

(3) Psychologists who are authorized to practice psychology	2073
under Chapter 4732. of the Revised Code;	2074

(4) Registered or licensed practical nurses who are	2075
authorized to practice nursing as registered nurses or as licensed	2076
practical nurses under Chapter 4723. of the Revised Code;	2077

(5) Pharmacists who are authorized to practice pharmacy under	2078
Chapter 4729. of the Revised Code;	2079

(6) Physical therapists who are authorized to practice	2080
physical therapy under sections 4755.40 to 4755.56 of the Revised	2081
Code;	2082

(7) Mechanotherapists who are authorized to practice	2083
mechanotherapy under section 4731.151 of the Revised Code;	2084

(8) Doctors of medicine and surgery, osteopathic medicine and	2085
surgery, or podiatric medicine and surgery who are authorized for	2086
their respective practices under Chapter 4731. of the Revised	2087
Code;	2088

(9) Professional clinical counselors, professional	2089
counselors, independent social workers, social workers, social	2090
work assistants, independent marriage and family therapists,	2091
marriage and family therapists, and art therapists who are	2092
authorized for their respective practices under Chapter 4757. of	2093
the Revised Code.	2094

This division shall apply notwithstanding a provision of a	2095
code of ethics applicable to a physical therapist that prohibits a	2096
physical therapist from engaging in the practice of physical	2097
therapy in combination with a person who is licensed,	2098
certificated, or otherwise legally authorized to practice	2099
optometry, chiropractic, acupuncture through the state	2100
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,	2101
medicine and surgery, osteopathic medicine and surgery, or	2102
podiatric medicine and surgery, professional counseling, social	2103
work, marriage and family therapy, or art therapy, but who is not	2104
also licensed, certificated, or otherwise legally authorized to	2105
engage in the practice of physical therapy.	2106

Sec. 4757.01.  As used in this chapter:

2107

(A) "Practice of professional counseling" means rendering or	2108
offering to render to individuals, groups, organizations, or the	2109
general public a counseling service involving the application of	2110
clinical counseling principles, methods, or procedures to assist	2111
individuals in achieving more effective personal, social,	2112
educational, or career development and adjustment, including the	2113
diagnosis and treatment of mental and emotional disorders.	2114

(B) "Clinical counseling principles, methods, or procedures"	2115
means an approach to counseling that emphasizes the counselor's	2116
role in systematically assisting clients through all of the	2117
following: assessing and analyzing background and current	2118
information, diagnosing mental and emotional disorders, exploring	2119
possible solutions, and developing and providing a treatment plan	2120
for mental and emotional adjustment or development. "Clinical	2121
counseling principles, methods, or procedures" includes at least	2122
counseling, appraisal, consulting, and referral.	2123

(C) "Practice of social work" means the application of	2124
specialized knowledge of human development and behavior and	2125
social, economic, and cultural systems in directly assisting	2126
individuals, families, and groups in a clinical setting to improve	2127
or restore their capacity for social functioning, including	2128
counseling, the use of psychosocial interventions, and the use of	2129
social psychotherapy, which includes the diagnosis and treatment	2130
of mental and emotional disorders.	2131

(D) "Accredited educational institution" means an institution	2132
accredited by a national or regional accrediting agency accepted	2133
by the board of regents.	2134

(E) "Scope of practice" means the services, methods, and	2135
techniques in which and the areas for which a person licensed or	2136
registered under this chapter is trained and qualified.	2137

(F) "Mental and emotional disorders" means those disorders	2138
that are classified in accepted nosologies such as the	2139
international classification of diseases and the diagnostic and	2140
statistical manual of mental disorders and in future editions of	2141
those nosologies.	2142

(G) "Marriage and family therapy" means the diagnosis,	2143
evaluation, assessment, counseling, management and treatment of	2144
mental and emotional disorders, whether cognitive, affective, or	2145
behavioral, within the context of marriage and family systems,	2146
through the professional application of marriage and family	2147
therapies and techniques.	2148

(H) "Practice of marriage and family therapy" means the	2149
diagnosis, treatment, evaluation, assessment, counseling, and	2150
management, of mental and emotional disorders, whether cognitive,	2151
affective, or behavioral, within the context of marriage and	2152
family systems, to individuals, couples, and families, singly or	2153
in groups, whether those services are offered directly to the	2154
general public or through public or private organizations, for a	2155
fee, salary, or other consideration, through the professional	2156
application of marriage and family theories, therapies, and	2157
techniques, including, but not limited to, psychotherapeutic	2158
theories, therapies and techniques that marriage and family	2159
therapists are educated and trained to perform.	2160

(I) "Practice of art therapy" means the diagnosis, treatment,	2161
evaluation, assessment, and remediation of mental and emotional	2162
disorders, whether cognitive, affective, or behavioral, within the	2163
context of art therapy principles and processes, to individuals,	2164
couples, and families, singly or in groups, whether those services	2165
are offered directly to the general public or through public or	2166
private organizations, for a fee, salary, or other consideration,	2167
through the professional application of art therapy theories and	2168
techniques, including, but not limited to, psychotherapeutic	2169
theories, therapies, and techniques that art therapists are	2170
educated and trained to perform.	2171

Sec. 4757.02.  (A) Except as provided in division (C) of this	2172
section and section 4757.41 of the Revised Code:	2173

(1) No person shall engage in or claim to the public to be	2174
engaging in the practice of professional counseling for a fee,	2175
salary, or other consideration unless the person is currently	2176
licensed under this chapter as a professional clinical counselor	2177
or professional counselor.	2178

(2) No person shall practice or claim to the public to be	2179
practicing social work for a fee, salary, or other consideration	2180
unless the person is currently licensed under this chapter as an	2181
independent social worker or a social worker.	2182

(3) No person shall claim to the public to be a social work	2183
assistant unless the person is currently registered under this	2184
chapter as a social work assistant.	2185

(4) No person shall engage in the practice of marriage and	2186
family therapy or claim to the public to be engaging in the	2187
practice of marriage and family therapy unless the person is	2188
currently licensed under this chapter as a marriage and family	2189
therapist.	2190

(5) Beginning one year after the effective date of this	2191
amendment, no person shall engage in or claim to the public to be	2192
engaging in the practice of art therapy for a fee, salary, or	2193
other consideration unless the person is currently licensed under	2194
this chapter as an art therapist.	2195

(B)(1) No person shall use the title "professional clinical	2196
counselor," "professional counselor," or any other title or	2197
description incorporating the word "counselor" or any initials	2198
used to identify persons acting in those capacities unless	2199
currently authorized under this chapter by licensure to act in the	2200
capacity indicated by the title or initials.	2201

(2) No person shall use the title "social worker,"	2202
"independent social worker," "social work assistant," or any other	2203
title or description incorporating the words "social worker" or	2204
any initials used to identify persons acting in those capacities	2205
unless the person is currently authorized by licensure or	2206
registration under this chapter to act in the capacity indicated	2207
by the title or initials.	2208

(3) No person shall use the title "marriage and family	2209
therapist" or any initials used to identify persons acting in that	2210
capacity unless the person is currently authorized by licensure	2211
under this chapter to act in the capacity indicated by the title	2212
or initials.	2213

(4) Beginning one year after the effective date of this	2214
amendment, no person shall use the title "art therapist" or any	2215
other title or description that incorporates the phrase "art	2216
therapist"; otherwise hold the person out to be an art therapist;	2217
or use any initials commonly used to identify art therapists,	2218
unless the person is currently licensed under this chapter as an	2219
art therapist.	2220

(C)(1) Divisions (A)(1) to (3) of this section do not apply	2221
to the practice of marriage and family therapy by a person holding	2222
a valid license or temporary license as a marriage and family	2223
therapist or independent marriage and family therapist under this	2224
chapter.	2225

(2) Division (A)(4) of this section does not apply to the	2226
following persons licensed or registered under this chapter:	2227
professional clinical counselors, professional counselors,	2228
independent social workers, social workers, and social work	2229
assistants.	2230

Sec. 4757.03.  There is hereby created the counselor, social	2231
worker, and marriage and family therapist, and art therapist	2232
board, consisting of fifteeneighteen members. The governor shall	2233
appoint the members with the advice and consent of the senate.	2234

Four of the members shall be individuals licensed under this	2235
chapter as professional clinical counselors or professional	2236
counselors. At all times, the counselor membership shall include	2237
at least two licensed professional clinical counselors, at least	2238
one individual who has received a doctoral degree in counseling	2239
from an accredited educational institution recognized by the board	2240
and holds a graduate level teaching position in a counselor	2241
education program, and at least two individuals who have received	2242
at least a master's degree in counseling from an accredited	2243
educational institution recognized by the board.	2244

Two of the members shall be individuals licensed under this	2245
chapter as independent marriage and family therapists and two	2246
shall be individuals licensed under this chapter as marriage and	2247
family therapists or, if the board has not yet licensed	2248
independent marriage and family therapists or marriage and family	2249
therapists, eligible for licensure as independent marriage and	2250
family therapists or marriage and family therapists. They shall	2251
have, during the five years preceding appointment, actively	2252
engaged in the practice of marriage and family therapy, in	2253
educating and training master's, doctoral, or postdoctoral	2254
students of marriage and family therapy, or in marriage and family	2255
therapy research and, during the two years immediately preceding	2256
appointment, shall have devoted the majority of their professional	2257
time to the activity while residing in this state.	2258

Two members shall be individuals licensed under this chapter	2259
as independent social workers. Two members shall be individuals	2260
licensed under this chapter as social workers, at least one of	2261
whom must hold a bachelor's or master's degree in social work from	2262
an accredited educational institution recognized by the board. At	2263
all times, the social worker membership shall include one educator	2264
who holds a teaching position in a baccalaureate or master's	2265
degree social work program at an accredited educational	2266
institution recognized by the board.	2267

ThreeTwo members shall be individuals licensed under this	2268
chapter as art therapists.	2269

Four members shall be representatives of the general public	2270
who have not practiced art therapy, professional counseling,	2271
marriage and family therapy, psychology or psychiatry, or social	2272
work and have not been involved in the delivery of art therapy,	2273
professional counseling, marriage and family therapy, psychology	2274
or psychiatry, or social work services. At least one of the	2275
members representing the general public shall be at least sixty	2276
years of age. During their terms the public members shall not	2277
practice art therapy, professional counseling, marriage and family	2278
therapy, psychology or psychiatry, or social work or be involved	2279
in the delivery of art therapy, professional counseling, marriage	2280
and family therapy, or social work services.	2281

Not more than eightten members of the board may be members	2282
of the same political party or sex. At least one member of the	2283
board shall be of African, Native American, Hispanic, or Asian	2284
descent.	2285

Of the initial appointees, three shall be appointed for terms	2286
ending October 10, 1985, four shall be appointed for terms ending	2287
October 10, 1986, and four shall be appointed for terms ending	2288
October 10, 1987. Of the two initial independent marriage and	2289
family therapists appointed to the board, one shall be appointed	2290
for a term ending two years after the effective date of this	2291
amendmentApril 7, 2003, and one for a term ending three years	2292
after that date. Of the two initial marriage and family therapists	2293
appointed to the board, one shall be appointed for a term ending	2294
two years after the effective date of this amendmentApril 7,	2295
2003, and one for a term ending three years after that date. Of	2296
the two initial art therapists appointed to the board, one shall	2297
be appointed for a term ending one year after the effective date	2298
of this amendment and one for a term ending three years after that	2299
date. The additional public member appointed to the board shall be	2300
appointed for a term ending three years after the effective date	2301
of this amendment. After the initial appointments, terms of office	2302
shall be three years, each term ending on the same day of the same	2303
month of the year as did the term that it succeeds.	2304

A member shall hold office from the date of appointment until	2305
the end of the term for which the member was appointed. A member	2306
appointed to fill a vacancy occurring prior to the expiration of	2307
the term for which the member's predecessor was appointed shall	2308
hold office for the remainder of that term. A member shall	2309
continue in office after the expiration date of the member's term	2310
until a successor takes office or until a period of sixty days has	2311
elapsed, whichever occurs first. Members may be reappointed,	2312
except that if a person has held office for two consecutive full	2313
terms, the person shall not be reappointed to the board sooner	2314
than one year after the expiration of the second full term as a	2315
member of the board.	2316

Sec. 4757.04.  Within the counselor, social worker, and	2317
marriage and family therapist, and art therapist board, there is	2318
hereby created the counselors professional standards committee,	2319
the social workers professional standards committee, and the	2320
marriage and family therapist professional standards committee,	2321
and the art therapist professional standards committee.	2322

The counselors professional standards committee consists	2323
shall consist of the board's professional clinical counselor and	2324
professional counselor members and one of the members representing	2325
the public who is not the member representing the public on the	2326
marriage and family therapist professional standards committee or	2327
the social workers professional standards committee. The committee	2328
has full authority to act on behalf of the board on all matters	2329
concerning professional clinical counselors and professional	2330
counselors.	2331

The social workers professional standards committee consists	2332
shall consist of the board's independent social worker and social	2333
worker members and one of the members representing the public who	2334
is not the member representing the public on the counselors	2335
professional standards committee or the marriage and family	2336
therapist professional standards committee. The committee has full	2337
authority to act on behalf of the board on all matters concerning	2338
independent social workers, social workers, and social work	2339
assistants.	2340

The marriage and family therapist professional standards	2341
committee consistsshall consist of the board's marriage and	2342
family therapists and one of the members representing the public	2343
who is not the member representing the public on the counselors	2344
professional standards committee or the social workers	2345
professional standards committee. The committee has full authority	2346
to act on behalf of the board on all matters concerning	2347
independent marriage and family therapists and marriage and family	2348
therapists.	2349

The art therapist professional standards committee shall	2350
consist of the board's art therapist members. The committee has	2351
full authority to act on behalf of the board on all matters	2352
concerning art therapists.	2353

Each of the board's committees shall also include one of the	2354
board's members representing the public. A public member shall not	2355
serve on more than one of the committees.	2356

Sec. 4757.05.  (A) The counselor, social worker, and marriage	2357
and family therapist, and art therapist board shall meet as a	2358
whole to discuss and review issues regarding personnel, budgetary	2359
matters, administration, and any other matter pertaining to the	2360
operation of the entire board. The board shall hold at least one	2361
regular meeting every three months. Additional meetings may be	2362
held at such times as the board determines, upon call of the	2363
chairperson, or upon the written request of fourseven or more	2364
members of the board to the executive director. If fourseven or	2365
more members so request a meeting, the executive director shall	2366
call a meeting to commence in not more than seven days. EightTen	2367
members of the board constitute a quorum to conduct business.	2368
Except as provided in section 4757.39 of the Revised Code, no	2369
action shall be taken without the concurrence of at least a	2370
quorum.	2371

The counselors professional standards committee, the social	2372
workers professional standards committee, and the marriage and	2373
family therapist professional standards committee, and the art	2374
therapist professional standards committee, shall meet as	2375
necessary to fulfill their duties established by this chapter and	2376
the rules adopted under it. Three members of a committeethe	2377
counselors, social workers, and marriage and family therapists	2378
committees constitute a quorum for thateach committee to conduct	2379
business. Two members of the art therapists committee constitute a	2380
quorum to conduct business. No action shall be taken without the	2381
concurrence of at least a quorum.	2382

(B) At its first meeting each year, the board shall elect a	2383
chairperson from among its members. At the first meeting held each	2384
year by the board's professional standards committees, each	2385
committee shall elect from among its members a chairperson. The	2386
chairpersons of the committees shall serve as co-vice-chairpersons	2387
of the board. Neither the board nor its committees shall elect a	2388
member to serve more than two consecutive terms in the same	2389
office.	2390

(C) The board shall employ an executive director. The board	2391
may employ and prescribe the powers and duties of such employees	2392
and consultants as are necessary for it and its professional	2393
standards committees to carry out this chapter and rules adopted	2394
under it.	2395

(D) The members of the board shall receive an amount fixed	2396
under division (J) of section 124.15 of the Revised Code for each	2397
day employed in the discharge of their official duties as board or	2398
committee members and shall be reimbursed for their necessary and	2399
actual expenses incurred in the performance of their official	2400
duties.	2401

(E) The board and each of its professional standards	2402
committees shall keep any records and minutes necessary to fulfill	2403
the duties established by this chapter and the rules adopted under	2404
it.	2405

Sec. 4757.06.  The counselor, social worker, and marriage and	2406
family therapist, and art therapist board shall adopt a seal to	2407
authenticate its records and proceedings. Each of the board's	2408
professional standards committees shall use the seal to	2409
authenticate its records and proceedings.	2410

A statement, signed by the executive director of the board to	2411
which is affixed the official seal of the board, to the effect	2412
that a person specified in the statement is not currently licensed	2413
or registered under this chapter or that a license or certificate	2414
of registration has been revoked or suspended, shall be received	2415
as prima-facie evidence of a record of the board in any court or	2416
before any officer of the state.	2417

Sec. 4757.07.  The counselor, social worker, and marriage and	2418
family therapist, and art therapist board and its professional	2419
standards committees shall not discriminate against any licensee,	2420
registrant, or applicant for a license or certificate of	2421
registration under this chapter because of the person's race,	2422
color, religion, sex, national origin, disability as defined in	2423
section 4112.01 of the Revised Code, or age. The board or	2424
committee, as appropriate, shall afford a hearing to any person	2425
who files with the board or committee a statement alleging	2426
discrimination based on any of those reasons.	2427

Sec. 4757.10.  The counselor, social worker, and marriage and	2428
family therapist, and art therapist board may adopt any rules	2429
necessary to carry out this chapter.	2430

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

2431

(A) Concern intervention for and treatment of any impaired	2432
person holding a license or certificate of registration issued	2433
under this chapter;	2434

(B) Establish standards for training and experience of	2435
supervisors described in division (C) of section 4757.30 of the	2436
Revised Code;	2437

(C) Define the requirement that an applicant be of good moral	2438
character in order to be licensed or registered under this	2439
chapter;	2440

(D) Establish requirements for criminal records checks of	2441
applicants under section 4776.03 of the Revised Code;	2442

(E) Establish a graduated system of fines based on the scope	2443
and severity of violations and the history of compliance, not to	2444
exceed five hundred dollars per incident, that any professional	2445
standards committee of the board may charge for a disciplinary	2446
violation described in section 4757.36 of the Revised Code.	2447

All rules adopted under this section shall be adopted in	2448
accordance with Chapter 119. of the Revised Code. When it adopts	2449
rules under this section or any other section of this chapter, the	2450
board may consider standards established by any national	2451
association or other organization representing the interests of	2452
those involved in professional counseling, social work, or	2453
marriage and family therapythe professions governed by the board	2454
under this chapter.	2455

Sec. 4757.101.  (A) As used in this section, "license" and	2456
"applicant for an initial license" have the same meanings as in	2457
section 4776.01 of the Revised Code, except that "license" as used	2458
in both of those terms refers to the types of authorizations	2459
otherwise issued or conferred under this chapter.	2460

(B) In addition to any other eligibility requirement set	2461
forth in this chapter, each applicant for an initial license shall	2462
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2463
counselor, social worker, and marriage and family therapist, and	2464
art therapist board shall not grant a license to an applicant for	2465
an initial license unless the applicant complies with sections	2466
4776.01 to 4776.04 of the Revised Code and the board, in its	2467
discretion, decides that the results of the criminal records check	2468
do not make the applicant ineligible for a license issued	2469
pursuant to section 4757.22, 4757.23, 4757.27, 4757.28, 4757.29,	2470
4757.30, or 4757.301 of the Revised Codeunder this chapter.	2471

Sec. 4757.11.  The counselor, social worker, and marriage and	2472
family therapist, and art therapist board shall establish a code	2473
of ethical practice for persons licensed or registered under this	2474
chapter as professional clinical counselors or professional	2475
counselors. The board shall establish a code of ethical practice	2476
for persons licensed under this chapter as independent social	2477
workers or social workers, persons registered under this chapter	2478
as social work assistants, and persons licensed as independent	2479
marriage and family therapists or marriage and family therapists.	2480
The codes of ethical practice shall be established by adopting	2481
rules in accordance with Chapter 119. of the Revised Code. The	2482
codes of ethical practice shall define unprofessional conduct,	2483
which shall include engaging in a dual relationship with a client	2484
or former client, committing an act of sexual abuse, misconduct,	2485
or exploitation of a client or former client, and, except as	2486
permitted by law, violating client confidentiality. The codes of	2487
ethical practice may be based on any codes of ethical practice	2488
developed by national organizations representing the interests of	2489
those involved in professional counseling, social work, or	2490
marriage and family therapythe professions governed by the board	2491
under this chapter. The board may establish standards in its codes	2492
of ethical practice that are more stringent than those established	2493
by national organizations.	2494

Sec. 4757.12.  (A) A person who is licensed or registered	2495
under this chapter, and a person or agency that employs a person	2496
licensed or registered under this chapter, may charge a client or	2497
receive remuneration for professional counseling, social work, or	2498
marriage and family therapy services only if one of the following	2499
applies:	2500

(1) Prior to the performance of services, the client is	2501
furnished a copy of a professional disclosure statement containing	2502
the information described in division (B) of this section;	2503

(2) A professional disclosure statement containing the	2504
information described in division (B) of this section is displayed	2505
in a conspicuous location at the place where the services are	2506
performed and a copy of the statement is provided to the client	2507
upon request.	2508

(B) The professional disclosure statement required by	2509
division (A) of this section shall contain the following:	2510

(1) The name, title, business address, and business telephone	2511
number of the professional clinical counselor, professional	2512
counselor, social work assistant, social worker, independent	2513
social worker, independent marriage and family therapist, or	2514
marriage and family therapistperson performing the services;	2515

(2) The formal professional education of the person	2516
performing the services, including the institutions the person	2517
attended, the dates attended, and the degrees received from them;	2518

(3) The areas of competence in the field in which the person	2519
is licensed or registered and the services the person provides;	2520

(4) In the case of a person who is engaged in a private	2521
individual practice, partnership, or group practice, the person's	2522
fee schedule, listed by type of service or hourly rate;	2523

(5) At the bottom of the first page of the disclosure	2524
statement, the words, "This information is required by the	2525
counselor, social worker, and marriage and family therapist, and	2526
art therapist board, which regulates the practices of professional	2527
counseling, social work, and marriage and family therapy, and art	2528
therapy in this state." and, immediately beneath those words, the	2529
name, address, and telephone number of the board.	2530

Sec. 4757.15.  The counselor, social worker, and marriage and	2531
family therapist, and art therapist board shall prepare, cause to	2532
be prepared, or procure the use of, and grade, have graded, or	2533
procure the grading of, counseling, social work, and marriage and	2534
family therapist examinations to determine the competence of	2535
applicants for such licensure under this chapter. The board may	2536
administer separate examinations to reflect differences in	2537
educational degrees earned by applicants. The board may develop	2538
the examinations or use examinations prepared by state or national	2539
organizations that represent the interests of those involved in	2540
professional counseling, social work, or marriage and family	2541
therapy. The board shall conduct examinations at least twice each	2542
year and shall determine the level of competence necessary for a	2543
passing score.	2544

Sec. 4757.16.  (A) A person seeking to be licensed under this	2545
chapter as a professional clinical counselor or, professional	2546
counselor, independent social worker, social worker, independent	2547
marriage and family therapist, marriage and family therapist, or	2548
art therapist, or seeking to be registered under this chapter as a	2549
social work assistant, shall file with the counselorsappropriate	2550
professional standards committee of the counselor, social worker,	2551
and marriage and family therapist board a written application on a	2552
form prescribed by the counselor, social worker, marriage and	2553
family therapist, and art therapist board. A person seeking to be	2554
licensed under this chapter as an independent social worker or	2555
social worker or registered under this chapter as a social work	2556
assistant shall file with the social workers professional	2557
standards committee of the board a written application on a form	2558
prescribed by the board. A person seeking to be licensed under	2559
this chapter as an independent marriage and family therapist or a	2560
marriage and family therapist shall file with the marriage and	2561
family therapist professional standards committee of the board a	2562
written application on a form prescribed by the board.	2563

Each form prescribed by the board shall contain a statement	2564
informing the applicant that a person who knowingly makes a false	2565
statement on the form is guilty of falsification under section	2566
2921.13 of the Revised Code, a misdemeanor of the first degree.	2567

(B) The professional standards committees shall review each	2568
application received and shall determine whether the applicant	2569
meets the requirements to receive the license or certificate of	2570
registration for which application has been made.	2571

Sec. 4757.17.  The professional standards committees of the	2572
counselor, social worker, and marriage and family therapist, and	2573
art therapist board shall review the applications of applicants	2574
for licensure or registration under this chapter who have received	2575
a post-secondary degree from an educational institution outside	2576
the United States. The committee reviewing the application shall	2577
determine whether the applicant's experience, command of the	2578
English language, and completed academic program meet the	2579
standards of an academic program of an accredited educational	2580
institution. If they do, the applicant shall be considered to have	2581
received the education from an accredited educational institution	2582
as required by this chapter and rules adopted under it.	2583

Sec. 4757.18.  The counselor, social worker, and marriage and	2584
family therapist, and art therapist board may enter into a	2585
reciprocal agreement with any state that regulates individuals	2586
practicing in the same capacities as those regulated under this	2587
chapter if the board finds that the state has requirements	2588
substantially equivalent to the requirements this state has for	2589
receipt of a license or certificate of registration under this	2590
chapter. In a reciprocal agreement, the board agrees to issue the	2591
appropriate license or certificate of registration to any resident	2592
of the other state whose practice is currently authorized by that	2593
state if that state's regulatory body agrees to authorize the	2594
appropriate practice of any resident of this state who holds a	2595
valid license or certificate of registration issued under this	2596
chapter.	2597

The professional standards committees of the board may, by	2598
endorsement, issue the appropriate license or certificate of	2599
registration to a resident of a state with which the board does	2600
not have a reciprocal agreement, if the person submits proof	2601
satisfactory to the committee of currently being licensed,	2602
certified, registered, or otherwise authorized to practice by that	2603
state.	2604

Sec. 4757.19.  On receipt of a notice pursuant to section	2605
3123.43 of the Revised Code, the counselor, social worker, and	2606
marriage and family therapist, and art therapist board shall	2607
comply with sections 3123.41 to 3123.50 of the Revised Code and	2608
any applicable rules adopted under section 3123.63 of the Revised	2609
Code with respect to a license or certificate of registration	2610
issued pursuant to this chapter.	2611

Sec. 4757.22.  (A) The counselors professional standards	2612
committee of the counselor, social worker, and marriage and family	2613
therapist, and art therapist board shall issue a license to	2614
practice as a professional clinical counselor to each applicant	2615
who submits a properly completed application, pays the fee	2616
established under section 4757.31 of the Revised Code, and meets	2617
the requirements specified in division (B) of this section.	2618

(B) To be eligible for a professional clinical counselor	2619
license, an individual must meet the following requirements:	2620

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

2621

(2) The individual must hold from an accredited educational	2622
institution a graduate degree in counseling.	2623

(3) The individual must complete a minimum of ninety quarter	2624
hours of graduate credit in counselor training acceptable to the	2625
committee, including a minimum of thirty quarter hours of	2626
instruction in the following areas:	2627

(a) Clinical psychopathology, personality, and abnormal	2628
behavior;	2629

(b) Evaluation of mental and emotional disorders;

2630

(c) Diagnosis of mental and emotional disorders;

2631

(d) Methods of prevention, intervention, and treatment of	2632
mental and emotional disorders.	2633

(4) The individual must complete, in either a private or	2634
clinical counseling setting, supervised experience in counseling	2635
that is of a type approved by the committee, is supervised by a	2636
professional clinical counselor or other qualified professional	2637
approved by the committee, and is in the following amounts:	2638

(a) In the case of an individual holding only a master's	2639
degree, not less than two years of experience, which must be	2640
completed after the award of the master's degree;	2641

(b) In the case of an individual holding a doctorate, not	2642
less than one year of experience, which must be completed after	2643
the award of the doctorate.	2644

(5) The individual must pass a field evaluation that meets	2645
the following requirements:	2646

(a) Has been completed by the applicant's instructors,	2647
employers, supervisors, or other persons determined by the	2648
committee to be competent to evaluate an individual's professional	2649
competence;	2650

(b) Includes documented evidence of the quality, scope, and	2651
nature of the applicant's experience and competence in diagnosing	2652
and treating mental and emotional disorders.	2653

(6) The individual must pass an examination administered by	2654
the board for the purpose of determining ability to practice as a	2655
professional clinical counselor.	2656

(C) To be accepted by the committee for purposes of division	2657
(B) of this section, counselor training must include at least the	2658
following:	2659

(1) Instruction in human growth and development; counseling	2660
theory; counseling techniques; group dynamics, processing, and	2661
counseling; appraisal of individuals; research and evaluation;	2662
professional, legal, and ethical responsibilities; social and	2663
cultural foundations; and lifestyle and career development;	2664

(2) Participation in a supervised practicum and internship in	2665
counseling.	2666

(D) The committee may issue a provisional license to an	2667
applicant who meets all of the requirements to be licensed under	2668
this section, pending the receipt of transcripts or action by the	2669
committee to issue a license to practice as a professional	2670
clinical counselor.	2671

(E) An individual may not sit for the licensing examination	2672
unless the individual meets the educational requirements to be	2673
licensed under this section. An individual who is denied admission	2674
to the licensing examination may appeal the denial in accordance	2675
with Chapter 119. of the Revised Code.	2676

(F) The board shall adopt any rules necessary for the	2677
committee to implement this section, including criteria for the	2678
committee to use in determining whether an applicant's training	2679
should be accepted and supervised experience approved. Rules	2680
adopted under this division shall be adopted in accordance with	2681
Chapter 119. of the Revised Code.	2682

Sec. 4757.23.  (A) The counselors professional standards	2683
committee of the counselor, social worker, and marriage and family	2684
therapist, and art therapist board shall issue a license as a	2685
professional counselor to each applicant who submits a properly	2686
completed application, pays the fee established under section	2687
4757.31 of the Revised Code, and meets the requirements	2688
established under division (B) of this section.	2689

(B) To be eligible for a license as a professional counselor,	2690
an individual must meet the following requirements:	2691

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

2692

(2) The individual must hold from an accredited educational	2693
institution a graduate degree in counseling.	2694

(3) The individual must complete a minimum of ninety quarter	2695
hours of graduate credit in counselor training acceptable to the	2696
committee, which the individual may complete while working toward	2697
receiving a graduate degree in counseling or subsequent to	2698
receiving the degree.	2699

(4) The individual must pass an examination administered by	2700
the board for the purpose of determining ability to practice as a	2701
professional counselor.	2702

(C) To be accepted by the committee for purposes of division	2703
(B) of this section, counselor training must include at least the	2704
following:	2705

(1) Instruction in human growth and development; counseling	2706
theory; counseling techniques; group dynamics, processing, and	2707
counseling; appraisal of individuals; research and evaluation;	2708
professional, legal, and ethical responsibilities; social and	2709
cultural foundations; and lifestyle and career development;	2710

(2) Participation in a supervised practicum and internship in	2711
counseling.	2712

(D) The committee may issue a provisional license to an	2713
applicant who meets all of the requirements to be licensed under	2714
this section, pending the receipt of transcripts or action by the	2715
committee to issue a license as a professional counselor.	2716

(E) An individual may not sit for the licensing examination	2717
unless the individual meets the educational requirements to be	2718
licensed under this section. An individual who is denied admission	2719
to the licensing examination may appeal the denial in accordance	2720
with Chapter 119. of the Revised Code.	2721

(F) The board shall adopt any rules necessary for the	2722
committee to implement this section, including criteria for the	2723
committee to use in determining whether an applicant's training	2724
should be accepted. Rules adopted under this division shall be	2725
adopted in accordance with Chapter 119. of the Revised Code.	2726

Sec. 4757.27.  (A) The social workers professional standards	2727
committee of the counselor, social worker, and marriage and family	2728
therapist, and art therapist board shall issue a license as an	2729
independent social worker to each applicant who submits a properly	2730
completed application, pays the fee established under section	2731
4757.31 of the Revised Code, and meets the requirements specified	2732
in division (B) of this section. An independent social worker	2733
license shall clearly indicate each academic degree earned by the	2734
person to whom it has been issued.	2735

(B) To be eligible for a license as an independent social	2736
worker, an individual must meet the following requirements:	2737

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

2738

(2) The individual must hold from an accredited educational	2739
institution a master's degree or a doctorate in social work.	2740

(3) The individual must complete at least two years of	2741
post-master's degree social work experience supervised by an	2742
independent social worker.	2743

(4) The individual must pass an examination administered by	2744
the board for the purpose of determining ability to practice as an	2745
independent social worker.	2746

(C) The committee may issue a temporary license to an	2747
applicant who meets all of the requirements to be licensed under	2748
this section, pending the receipt of transcripts or action by the	2749
committee to issue a license as an independent social worker.	2750

(D) The board shall adopt any rules necessary for the	2751
committee to implement this section, including criteria for the	2752
committee to use in determining whether an applicant's training	2753
should be accepted and supervised experience approved. Rules	2754
adopted under this division shall be adopted in accordance with	2755
Chapter 119. of the Revised Code.	2756

Sec. 4757.28.  (A) The social workers professional standards	2757
committee of the counselor, social worker, and marriage and family	2758
therapist, and art therapist board shall issue a license as a	2759
social worker to each applicant who submits a properly completed	2760
application, pays the fee established under section 4757.31 of the	2761
Revised Code, and meets the requirements specified in division (B)	2762
of this section. A social worker license shall clearly indicate	2763
each academic degree earned by the person to whom it is issued.	2764

(B) To be eligible for a license as a social worker, an	2765
individual must meet the following requirements:	2766

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

2767

(2) The individual must hold from an accredited educational	2768
institution one of the following:	2769

(a) A baccalaureate degree in social work or, prior to	2770
October 10, 1992, a baccalaureate degree in a program closely	2771
related to social work and approved by the committee;	2772

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

2773

(c) A doctorate in social work.

2774

(3) The individual must pass an examination administered by	2775
the board for the purpose of determining ability to practice as a	2776
social worker.	2777

(C) The committee may issue a temporary license to an	2778
applicant who meets all of the requirements to be licensed under	2779
this section, pending the receipt of transcripts or action by the	2780
committee to issue a license as a social worker. However, the	2781
committee may issue a temporary license to an applicant who	2782
provides the board with a statement from the applicant's academic	2783
institution indicating that the applicant is in good standing with	2784
the institution, that the applicant has met the academic	2785
requirements for the applicant's degree, and the date the	2786
applicant will receive the applicant's degree.	2787

(D) The board shall adopt any rules necessary for the	2788
committee to implement this section, including criteria for the	2789
committee to use in determining whether an applicant's training	2790
should be accepted and supervised experience approved. Rules	2791
adopted under this division shall be adopted in accordance with	2792
Chapter 119. of the Revised Code.	2793

Sec. 4757.29.  (A) The social workers professional standards	2794
committee of the counselor, social worker, and marriage and family	2795
therapist, and art therapist board shall issue a certificate of	2796
registration as a social work assistant to each applicant who	2797
submits a properly completed application, pays the fee established	2798
under section 4757.31 of the Revised Code, is of good moral	2799
character, and holds from an accredited educational institution an	2800
associate degree in social service technology or a bachelor's	2801
degree that is equivalent to an associate degree in social service	2802
technology or a related bachelor's or higher degree that is	2803
approved by the committee.	2804

(B) On and after March 18, 1997, a counselor assistant	2805
certificate of registration issued under former section 4757.08 of	2806
the Revised Code shall be considered a certificate of registration	2807
as a social work assistant. The holder of the certificate is	2808
subject to the supervision requirements specified in section	2809
4757.26 of the Revised Code, the continuing education requirements	2810
specified in section 4757.33 of the Revised Code, and regulation	2811
by the social workers professional standards committee. On the	2812
first renewal occurring after March 18, 1997, the committee shall	2813
issue a certificate of registration as a social work assistant to	2814
each former counselor assistant who qualifies for renewal.	2815

(C) The social workers professional standards committee shall	2816
issue a certificate of registration as a social work assistant to	2817
any person who, on or before March 18, 1998, meets the	2818
requirements for a certificate of registration as a counselor	2819
assistant pursuant to division (A)(3) of former section 4757.08 of	2820
the Revised Code, submits a properly completed application, pays	2821
the fee established under section 4757.31 of the Revised Code, and	2822
is of good moral character.	2823

Sec. 4757.30.  (A) The marriage and family therapist	2824
professional standards committee of the counselor, social worker,	2825
and marriage and family therapist, and art therapist board shall	2826
issue a license to practice as a marriage and family therapist to	2827
a person who has done all of the following:	2828

(1) Properly completed an application for the license;

2829

(2) Paid the required fee established by the board under	2830
section 4757.31 of the Revised Code;	2831

(3) Achieved one of the following:

2832

(a) Received from an educational institution accredited at	2833
the time the degree was granted by a regional accrediting	2834
organization recognized by the board a master's degree or a	2835
doctorate in marriage and family therapy;	2836

(b) Completed a graduate degree that includes a minimum of	2837
ninety quarter hours of graduate level course work in marriage and	2838
family therapy training that is acceptable to the committee;	2839

(4) Passed an examination administered by the board for the	2840
purpose of determining the person's ability to be a marriage and	2841
family therapist;	2842

(5) Completed a practicum that includes at least three	2843
hundred hours of client contact.	2844

(B) To be accepted by the committee for purposes of division	2845
(A)(3)(b) of this section, marriage and family therapist training	2846
must include instruction in at least the following:	2847

(1) Research and evaluation;

2848

(2) Professional, legal, and ethical responsibilities;

2849

(3) Marriage and family studies;

2850

(4) Marriage and family therapy, including therapeutic theory	2851
and techniques for individuals, groups, and families;	2852

(5) Human development;

2853

(6) Appraisal of individuals and families;

2854

(7) Diagnosis of mental and emotional disorders;

2855

(8) Systems theory.

2856

(C) The marriage and family therapist professional standards	2857
committee shall issue a license to practice as an independent	2858
marriage and family therapist to a person who does both of the	2859
following:	2860

(1) Meets all of the requirements of division (A) of this	2861
section;	2862

(2) After meeting the requirements of division (A)(3) of this	2863
section, completes at least two calendar years of work experience	2864
in marriage and family therapy.	2865

The two calendar years of work experience must include one	2866
thousand hours of documented client contact in marriage and family	2867
therapy. Two hundred hours of the one thousand hours must include	2868
face-to-face supervision by a supervisor whose training and	2869
experience meets standards established by the board in rules	2870
adopted under section 4757.10 of the Revised Code and one hundred	2871
hours of the two hundred hours of supervision must be individual	2872
supervision.	2873

(D) An independent marriage and family therapist or a	2874
marriage and family therapist may engage in the private practice	2875
of marriage and family therapy as an individual practitioner or as	2876
a member of a partnership or group practice.	2877

(E) A marriage and family therapist may diagnose and treat	2878
mental and emotional disorders only under the supervision of a	2879
psychologist, psychiatrist, professional clinical counselor,	2880
independent social worker, or independent marriage and family	2881
therapist. An independent marriage and family therapist may	2882
diagnose and treat mental and emotional disorders without	2883
supervision.	2884

(F) Nothing in this chapter or rules adopted under it	2885
authorizes an independent marriage and family therapist or a	2886
marriage and family therapist to admit a patient to a hospital or	2887
requires a hospital to allow a marriage and family therapist to	2888
admit a patient.	2889

(G) An independent marriage and family therapist or a	2890
marriage and family therapist may not diagnose, treat, or advise	2891
on conditions outside the recognized boundaries of the marriage	2892
and family therapist's competency. An independent marriage and	2893
family therapist or a marriage and family therapist shall make	2894
appropriate and timely referrals when a client's needs exceed the	2895
marriage and family therapist's competence level.	2896

Sec. 4757.301.  On receipt of an application for a license as	2897
a marriage and family therapist, the counselor, social worker, and	2898
marriage and family therapist, and art therapist board may issue a	2899
temporary license to an individual who qualifies under division	2900
(A) of section 4757.30 of the Revised Code for licensure as a	2901
marriage and family therapist or divisions (A) and (C) of section	2902
4757.30 of the Revised Code for licensure as an independent	2903
marriage and family therapist, except that the individual is	2904
awaiting the next opportunity to take an examination required by	2905
the board under that division. The temporary license allows the	2906
holder to engage in the practice of independent marriage and	2907
family therapy or marriage and family therapy as appropriate and	2908
is valid from the date of issuance until the earlier of one year	2909
from that date, the date the applicant withdraws from taking the	2910
examination, the date the applicant is notified that the applicant	2911
failed the examination, or the date the applicant's license is	2912
issued under section 4757.30 of the Revised Code. A temporary	2913
license may not be renewed.	2914

Sec. 4757.31.  (A) Subject to division (B) of this section,	2915
the counselor, social worker, and marriage and family therapist,	2916
and art therapist board shall establish, and may from time to time	2917
adjust, fees to be charged for the following:	2918

(1) Examination for licensure as a professional clinical	2919
counselor, professional counselor, marriage and family therapist,	2920
independent marriage and family therapist, social worker, or	2921
independent social worker;	2922

(2) Initial licenses of professional clinical counselors,	2923
professional counselors, marriage and family therapists,	2924
independent marriage and family therapists, social workers, and	2925
independent social workers, and art therapists except that the	2926
board shall charge only one fee to a person who fulfills all	2927
requirements for more than one of the following initial licenses:	2928
an initial license as a social worker or independent social	2929
worker, an initial license as a professional counselor or	2930
professional clinical counselor, and an initial license as a	2931
marriage and family therapist or independent marriage and family	2932
therapist, and an initial license as an art therapist;	2933

(3) Initial certificates of registration of social work	2934
assistants;	2935

(4) Renewal and late renewal of licenses of professional	2936
clinical counselors, professional counselors, marriage and family	2937
therapists, independent marriage and family therapists, art	2938
therapists, social workers, and independent social workers and	2939
renewal and late renewal of certificates of registration of social	2940
work assistants;	2941

(5) Verification, to another jurisdiction, of a license or	2942
registration issued by the board;	2943

(6) Continuing education programs offered by the board to	2944
licensees or registrants.	2945

(B) The fees charged under division (A)(1) of this section	2946
shall be established in amounts sufficient to cover the direct	2947
expenses incurred in examining applicants for licensure. The fees	2948
charged under divisions (A)(2) to (6) of this section shall be	2949
nonrefundable and shall be established in amounts sufficient to	2950
cover the necessary expenses in administering this chapter and	2951
rules adopted under it that are not covered by fees charged under	2952
division (A)(1) or (C) of this section. The renewal fee for a	2953
license or certificate of registration shall not be less than the	2954
initial fee for that license or certificate. The fees charged for	2955
licensure and registration and the renewal of licensure and	2956
registration may differ for the various types of licensure and	2957
registration, but shall not exceed one hundred twenty-five dollars	2958
each, unless the board determines that amounts in excess of one	2959
hundred twenty-five dollars are needed to cover its necessary	2960
expenses in administering this chapter and rules adopted under it	2961
and the amounts in excess of one hundred twenty-five dollars are	2962
approved by the controlling board.	2963

(C) All receipts of the board shall be deposited in the state	2964
treasury to the credit of the occupational licensing and	2965
regulatory fund. All vouchers of the board shall be approved by	2966
the chairperson or executive director of the board, or both, as	2967
authorized by the board.	2968

Sec. 4757.32.  A license or certificate of registration	2969
issued under this chapter expires two years after it is issued and	2970
may be renewed in accordance with the standard renewal procedure	2971
established under Chapter 4745. of the Revised Code.	2972

Subject to section 4757.36 of the Revised Code, the staff of	2973
the appropriate professional standards committee of the counselor,	2974
social worker, and marriage and family therapist, and art	2975
therapist board shall, on behalf of each committee, issue a	2976
renewed license or certificate of registration to each applicant	2977
who has paid the renewal fee established by the board under	2978
section 4757.31 of the Revised Code and, satisfied the continuing	2979
education requirements established by the board under section	2980
4757.33 of the Revised Code, and in the case of an art therapist,	2981
maintained the appropriate certification or registration from the	2982
art therapy credentials board, inc.	2983

A license or certificate of registration that is not renewed	2984
lapses on its expiration date. A license or certificate of	2985
registration that has lapsed may be restored if the individual,	2986
not later than two years after the license or certificate expired,	2987
applies for restoration of the license or certificate. The staff	2988
of the appropriate professional standards committee shall issue a	2989
restored license or certificate of registration to the applicant	2990
if the applicant pays the renewal fee established under section	2991
4757.31 of the Revised Code and satisfies the continuing education	2992
requirements established under section 4757.33 of the Revised Code	2993
for restoring the license or certificate of registration. The	2994
board and its professional standards committees shall not require	2995
a person to take an examination as a condition of having a lapsed	2996
license or certificate of registration restored.	2997

Sec. 4757.33.  (A) Except as provided in division (B) of this	2998
section, each person who holds a license or certificate of	2999
registration issued under this chapter shall complete during the	3000
period that the license or certificate is in effect not less than	3001
thirty clock hours of continuing professional education as a	3002
condition of receiving a renewed license or certificate. To have a	3003
lapsed license or certificate of registration restored, a person	3004
shall complete the number of hours of continuing education	3005
specified by the counselor, social worker, and marriage and family	3006
therapist, and art therapist board in rules it shall adopt in	3007
accordance with Chapter 119. of the Revised Code.	3008

The professional standards committees of the counselor,	3009
social worker, and marriage and family therapist board shall adopt	3010
rules in accordance with Chapter 119. of the Revised Code	3011
establishing standards and procedures to be followed by the	3012
committees in conducting the continuing education approval	3013
process.	3014

(B) The board may waive the continuing education requirements	3015
established under this section for persons who are unable to	3016
fulfill them because of military service, illness, residence	3017
abroad, or any other reason the committee considers acceptable.	3018

In the case of a social worker licensed by virtue of	3019
receiving, prior to October 10, 1992, a baccalaureate degree in a	3020
program closely related to social work, as a condition of the	3021
first renewal of the license, the social worker must complete at	3022
an accredited educational institution a minimum of five semester	3023
hours of social work graduate or undergraduate credit, or their	3024
equivalent, that is acceptable to the committee and includes a	3025
course in social work theory and a course in social work methods.	3026

Sec. 4757.34.  Not later than ninety days after December 9,	3027
1994, the counselor, social worker, and marriage and family	3028
therapist, and art therapist board shall approve one or more	3029
continuing education courses of study that assist social workers,	3030
independent social workers, social work assistants, independent	3031
marriage and family therapists, marriage and family therapists,	3032
professional clinical counselors, and professional counselors, and	3033
art therapists in recognizing the signs of domestic violence and	3034
its relationship to child abuse. Social workers, independent	3035
social workers, social work assistants, independent marriage and	3036
family therapists, marriage and family therapists, professional	3037
clinical counselors, and professional counselors, and art	3038
therapists are not required to take the courses.	3039

Sec. 4757.36.  (A) The appropriate professional standards	3040
committee of the counselor, social worker, and marriage and family	3041
therapist, and art therapist board may, in accordance with Chapter	3042
119. of the Revised Code, take any action specified in division	3043
(B) of this section against an individual who has applied for or	3044
holds a license to practice as a professional clinical counselor,	3045
professional counselor, independent marriage and family therapist,	3046
marriage and family therapist, social worker, or independent	3047
social worker, or art therapist, or a certificate of registration	3048
to practice as a social work assistant, for any reason described	3049
in division (C) of this section.	3050

(B) In its imposition of sanctions against an individual, the	3051
board may do any of the following:	3052

(1) Refuse to issue or refuse to renew a license or	3053
certificate of registration;	3054

(2) Suspend, revoke, or otherwise restrict a license or	3055
certificate of registration;	3056

(3) Reprimand an individual holding a license or certificate	3057
of registration;	3058

(4) Impose a fine in accordance with the graduated system of	3059
fines established by the board in rules adopted under section	3060
4757.10 of the Revised Code.	3061

(C) The appropriate professional standards committee of the	3062
board may take an action specified in division (B) of this section	3063
for any of the following reasons:	3064

(1) Commission of an act that violates any provision of this	3065
chapter or rules adopted under it;	3066

(2) Knowingly making a false statement on an application for	3067
licensure or registration, or for renewal of a license or	3068
certificate of registration;	3069

(3) Accepting a commission or rebate for referring persons to	3070
any professionals licensed, certified, or registered by any court	3071
or board, commission, department, division, or other agency of the	3072
state, including, but not limited to, individuals practicing	3073
counseling, social work, or marriage and family therapy, or art	3074
therapy or practicing in fields related to counseling, social	3075
work, or marriage and family therapy, or art therapy;	3076

(4) A failure to comply with section 4757.12 of the Revised	3077
Code;	3078

(5) A conviction in this or any other state of a crime that	3079
is a felony in this state;	3080

(6) A failure to perform properly as a professional clinical	3081
counselor, professional counselor, independent marriage and family	3082
therapist, marriage and family therapist, art therapist, social	3083
work assistant, social worker, or independent social worker due to	3084
the use of alcohol or other drugs or any other physical or mental	3085
condition;	3086

(7) A conviction in this state or in any other state of a	3087
misdemeanor committed in the course of practice as a professional	3088
clinical counselor, professional counselor, independent marriage	3089
and family therapist, marriage and family therapist, art	3090
therapist, social work assistant, social worker, or independent	3091
social worker;	3092

(8) Practicing outside the scope of practice applicable to	3093
that person;	3094

(9) Practicing in violation of the supervision requirements	3095
specified under sections 4757.21 and 4757.26, and division (E) of	3096
section 4757.30, of the Revised Code;	3097

(10) A violation of the person's code of ethical practice	3098
adopted by rule of the board pursuant to section 4757.11 of the	3099
Revised Code;	3100

(11) Revocation or suspension of a license or certificate of	3101
registration, or the voluntary surrender of a license or	3102
certificate of registration in another state or jurisdiction for	3103
an offense that would be a violation of this chapter.	3104

(D) One year or more after the date of suspension or	3105
revocation of a license or certificate of registration under this	3106
section, application may be made to the appropriate professional	3107
standards committee for reinstatement. The committee may accept or	3108
refuse an application for reinstatement. If a license has been	3109
suspended or revoked, the committee may require an examination for	3110
reinstatement.	3111

(E) On request of the board, the attorney general shall bring	3112
and prosecute to judgment a civil action to collect any fine	3113
imposed under division (B)(4) of this section that remains unpaid.	3114

(F) All fines collected under division (B)(4) of this section	3115
shall be deposited into the state treasury to the credit of the	3116
occupational licensing and regulatory fund.	3117

Sec. 4757.361. (A) As used in this section, with regard to	3118
offenses committed in Ohio, "aggravated murder," "murder,"	3119
"voluntary manslaughter," "felonious assault," "kidnapping,"	3120
"rape," "sexual battery," "gross sexual imposition," "aggravated	3121
arson," "aggravated robbery," and "aggravated burglary" mean such	3122
offenses as defined in Title XXIX of the Revised Code; with regard	3123
to offenses committed in other jurisdictions, the terms mean	3124
offenses comparable to offenses defined in Title XXIX of the	3125
Revised Code.	3126

(B) When there is clear and convincing evidence that	3127
continued practice by an individual licensed under this chapter	3128
presents a danger of immediate and serious harm to the public, as	3129
determined on consideration of the evidence by the professional	3130
standards committees of the counselor, social worker, and marriage	3131
and family therapist, and art therapist board, the appropriate	3132
committee shall impose on the individual a summary suspension	3133
without a hearing.	3134

Immediately following the decision to impose a summary	3135
suspension, the appropriate committee shall issue a written order	3136
of suspension and cause it to be delivered by certified mail or in	3137
person in accordance with section 119.07 of the Revised Code. The	3138
order shall not be subject to suspension by the court during the	3139
pendency of any appeal filed under section 119.12 of the Revised	3140
Code. If the individual subject to the suspension requests an	3141
adjudication, the date set for the adjudication shall be within	3142
fifteen days but not earlier than seven days after the individual	3143
makes the request, unless another date is agreed to by both the	3144
individual and the committee imposing the suspension. The summary	3145
suspension shall remain in effect, unless reversed by the	3146
committee, until a final adjudication order issued by the	3147
committee pursuant to this section and Chapter 119. of the Revised	3148
Code becomes effective.	3149

The committee shall issue its final adjudication order within	3150
ninety days after completion of the adjudication. If the committee	3151
does not issue a final order within the ninety-day period, the	3152
summary suspension shall be void, but any final adjudication order	3153
issued subsequent to the ninety-day period shall not be affected.	3154

(C) The license issued to an individual under this chapter is	3155
automatically suspended on that individual's conviction of, plea	3156
of guilty to, or judicial finding with regard to any of the	3157
following: aggravated murder, murder, voluntary manslaughter,	3158
felonious assault, kidnapping, rape, sexual battery, gross sexual	3159
imposition, aggravated arson, aggravated robbery, or aggravated	3160
burglary. The suspension shall remain in effect from the date of	3161
the conviction, plea, or finding until an adjudication is held	3162
under Chapter 119. of the Revised Code. If the appropriate	3163
committee has knowledge that an automatic suspension has occurred,	3164
it shall notify the individual subject to the suspension. If the	3165
individual is notified and either fails to request an adjudication	3166
within the time periods established by Chapter 119. of the Revised	3167
Code or fails to participate in the adjudication, the committee	3168
shall enter a final order permanently revoking the person's	3169
license or certificate.	3170

Sec. 4757.38.  The counselor, social worker, and marriage and	3171
family therapist, and art therapist board shall investigate	3172
alleged violations of this chapter or the rules adopted under it	3173
and alleged irregularities in the delivery of services related to	3174
professional counseling, social work, or marriage and family	3175
therapy by persons licensed or registered under this chapter. As	3176
part of its conduct of an investigation, the board may issue	3177
subpoenas, examine witnesses, and administer oaths.	3178

The board may receive any information necessary to conduct an	3179
investigation under this section. If the board is investigating	3180
the provision of services to a couple or group, it is not	3181
necessary for both members of the couple or all members of the	3182
group to consent to the release of information relevant to the	3183
investigation.	3184

The board shall ensure that all records it holds pertaining	3185
to an investigation remain confidential. The board shall adopt	3186
rules establishing procedures to be followed in maintaining the	3187
confidentiality of its investigative records. The rules shall be	3188
adopted in accordance with Chapter 119. of the Revised Code.	3189

Sec. 4757.40.  In addition to any other remedies provided by	3190
law, the counselor and, social worker, marriage and family	3191
therapist, and art therapist board may apply to an appropriate	3192
court for an order enjoining the violation of any provision of	3193
this chapter, and on a showing that any person has violated or is	3194
about to violate any provision of this chapter, the court shall	3195
grant an order enjoining the violation.	3196

Sec. 4757.43.  Nothing in this chapter or the rules adopted	3197
under it shall be construed as authorizing a professional clinical	3198
counselorprofessional counselor, independent marriage and family	3199
therapist, , marriage and family therapist, independent social	3200
worker, social worker, or social work assistanta person licensed	3201
or registered under this chapter to admit a patient to a hospital	3202
or as requiring a hospital to allow any of those individuals to	3203
admit a patient.	3204

Sec. 4757.44.  For the purposes of section 2305.51 of the	3205
Revised Code, a person who holds a license issued under this	3206
chapter is a mental health professional.	3207

A license holder is not liable in damages in a civil action,	3208
and shall not be subject to disciplinary action by the counselor,	3209
social worker, and marriage and family therapist, and art	3210
therapist board, for disclosing any confidential information about	3211
a client that is disclosed for the purposes of section 2305.51 of	3212
the Revised Code.	3213

Sec. 4757.45.  (A) An individual seeking a license to	3214
practice as an art therapist shall submit an application to the	3215
art therapist professional standards committee of the counselor,	3216
social worker, marriage and family therapist, and art therapist	3217
board. The application shall be accompanied by the fee established	3218
under section 4757.31 of the Revised Code.	3219

(B) The committee shall review all applications received. If	3220
an applicant submits a properly completed application and meets	3221
the requirements specified in section 4757.46 of the Revised Code,	3222
the committee shall issue to the applicant a license to practice	3223
as an art therapist.	3224

(C) A license is valid for the period specified in rules	3225
adopted under section 4757.51 of the Revised Code and may be	3226
renewed in accordance with procedures specified in the rules.	3227

Sec. 4757.46. To be eligible to receive a license to practice	3228
as an art therapist, an individual shall meet all of the following	3229
requirements:	3230

(A) Be of good moral character;

3231

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

3232

(C) Hold current certification from the art therapy	3233
credentials board, inc., and submit evidence of that certification	3234
with the application submitted under section 4757.45 of the	3235
Revised Code;	3236

(D) Obtain three letters of recommendation from professional	3237
sources, one of which shall be from an art therapist, and submit	3238
the letters in accordance with procedures established in rules	3239
adopted under section 4757.51 of the Revised Code.	3240

Sec. 4757.47.  (A) The art therapist professional standards	3241
committee of the counselor, social worker, marriage and family	3242
therapist, and art therapist board may issue a temporary license	3243
to an applicant who meets any of the following requirements:	3244

(1) Provides evidence to the committee that the applicant is	3245
currently board certified by the art therapy credentials board,	3246
inc., and further action by the committee to issue an art	3247
therapist license is pending;	3248

(2) Provides evidence to the committee that the applicant is	3249
a registered art therapist with the art therapy credentials board,	3250
inc.;	3251

(3) Provides evidence to the committee that the applicant	3252
holds a degree from an art therapy program approved by the	3253
American art therapy association or the equivalent of such a	3254
degree as determined by the committee.	3255

(B) A temporary license issued under this section shall be	3256
valid for two years and may be renewed upon expiration of the	3257
initial temporary license. A temporary license may not be renewed	3258
more than two times.	3259

(C) An applicant holding a temporary license issued under	3260
this section shall engage in the practice of art therapy under the	3261
supervision of a licensed art therapist and in accordance with	3262
guidelines established by the art therapy credentials board, inc.	3263

Sec. 4757.48.  A person licensed under this chapter as an art	3264
therapist may engage in the practice of art therapy through the	3265
integrated use of psychotherapeutic principles and visual art	3266
media and processes in the assessment, evaluation, treatment,	3267
amelioration, and remediation of emotional, cognitive,	3268
neurological, psychosocial, physical, and developmental issues. A	3269
licensed art therapist may provide training and supervision to art	3270
therapy students or prospective applicants for licensure.	3271

Sec. 4757.49.  A person licensed under this chapter to	3272
practice as an art therapist may diagnose and treat mental and	3273
emotional disorders, except that the art therapist may make a	3274
diagnosis only under the supervision of a psychologist,	3275
psychiatrist, professional clinical counselor, independent	3276
marriage and family therapist, or independent social worker. An	3277
art therapist may engage in the private practice of art therapy as	3278
an individual practitioner or as a member of a partnership or	3279
group practice.	3280

Sec. 4757.50.  The counselor, social worker, marriage and	3281
family therapist, and art therapist board shall adopt any rules	3282
necessary for implementation of sections 4757.45 to 4757.50 of the	3283
Revised Code. The rules shall be adopted in accordance with	3284
Chapter 119. of the Revised Code.	3285

Sec. 4757.55.  (A) An individual licensed or registered with	3286
the counselor, social worker, marriage and family therapist, and	3287
art therapist board to engage in the individual's respective	3288
practice may render the individual's professional services within	3289
this state through a corporation formed under division (B) of	3290
section 1701.03 of the Revised Code, a limited liability company	3291
formed under Chapter 1705. of the Revised Code, a partnership, or	3292
a professional association formed under Chapter 1785. of the	3293
Revised Code. This division does not preclude an individual of	3294
that nature from rendering professional services through another	3295
form of business entity, including, but not limited to, a	3296
nonprofit corporation or foundation, or in another manner that is	3297
authorized by or in accordance with this chapter, another chapter	3298
of the Revised Code, or rules of the board adopted pursuant to	3299
this chapter.	3300

(B) A corporation, limited liability company, partnership, or	3301
professional association described in division (A) of this section	3302
may be formed for the purpose of providing a combination of the	3303
professional services of the following individuals who are	3304
licensed, certificated, or otherwise legally authorized to	3305
practice their respective professions:	3306

(1) Optometrists who are authorized to practice optometry	3307
under Chapter 4725. of the Revised Code;	3308

(2) Chiropractors who are authorized to practice chiropractic	3309
or acupuncture under Chapter 4734. of the Revised Code;	3310

(3) Psychologists who are authorized to practice psychology	3311
under Chapter 4732. of the Revised Code;	3312

(4) Registered or licensed practical nurses who are	3313
authorized to practice nursing as registered nurses or as licensed	3314
practical nurses under Chapter 4723. of the Revised Code;	3315

(5) Pharmacists who are authorized to practice pharmacy under	3316
Chapter 4729. of the Revised Code;	3317

(6) Physical therapists who are authorized to practice	3318
physical therapy under sections 4755.40 to 4755.56 of the Revised	3319
Code;	3320

(7) Occupational therapists who are authorized to practice	3321
occupational therapy under sections 4755.04 to 4755.13 of the	3322
Revised Code;	3323

(8) Mechanotherapists who are authorized to practice	3324
mechanotherapy under section 4731.151 of the Revised Code;	3325

(9) Doctors of medicine and surgery, osteopathic medicine and	3326
surgery, or podiatric medicine and surgery who are authorized for	3327
their respective practices under Chapter 4731. of the Revised	3328
Code;	3329

(10) Professional clinical counselors, professional	3330
counselors, independent social workers, social workers, social	3331
work assistants, independent marriage and family therapists,	3332
marriage and family therapists, and art therapists who are	3333
authorized for their respective practices under Chapter 4757. of	3334
the Revised Code.	3335

This division shall apply notwithstanding a provision of a	3336
code of ethics applicable to a professional clinical counselor,	3337
professional counselor, independent social worker, social worker,	3338
social work assistant, independent marriage and family therapist,	3339
marriage and family therapist, or art therapist that prohibits the	3340
individual from engaging in the individual's respective practice	3341
in combination with a person who is licensed, certificated, or	3342
otherwise legally authorized to practice optometry, chiropractic,	3343
acupuncture through the state chiropractic board, psychology,	3344
nursing, physical therapy, occupational therapy, mechanotherapy,	3345
medicine and surgery, osteopathic medicine and surgery, or	3346
podiatric medicine and surgery, but who is not also licensed,	3347
certificated, or otherwise legally authorized to engage in the	3348
practice of professional counseling, social work, marriage and	3349
family therapy, or art therapy.	3350

Sec. 5101.61.  (A) As used in this section:

3351

(1) "Senior service provider" means any person who provides	3352
care or services to a person who is an adult as defined in	3353
division (B) of section 5101.60 of the Revised Code.	3354

(2) "Ambulatory health facility" means a nonprofit, public or	3355
proprietary freestanding organization or a unit of such an agency	3356
or organization that:	3357

(a) Provides preventive, diagnostic, therapeutic,	3358
rehabilitative, or palliative items or services furnished to an	3359
outpatient or ambulatory patient, by or under the direction of a	3360
physician or dentist in a facility which is not a part of a	3361
hospital, but which is organized and operated to provide medical	3362
care to outpatients;	3363

(b) Has health and medical care policies which are developed	3364
with the advice of, and with the provision of review of such	3365
policies, an advisory committee of professional personnel,	3366
including one or more physicians, one or more dentists, if dental	3367
care is provided, and one or more registered nurses;	3368

(c) Has a medical director, a dental director, if dental care	3369
is provided, and a nursing director responsible for the execution	3370
of such policies, and has physicians, dentists, nursing, and	3371
ancillary staff appropriate to the scope of services provided;	3372

(d) Requires that the health care and medical care of every	3373
patient be under the supervision of a physician, provides for	3374
medical care in a case of emergency, has in effect a written	3375
agreement with one or more hospitals and other centers or clinics,	3376
and has an established patient referral system to other resources,	3377
and a utilization review plan and program;	3378

(e) Maintains clinical records on all patients;

3379

(f) Provides nursing services and other therapeutic services	3380
in accordance with programs and policies, with such services	3381
supervised by a registered professional nurse, and has a	3382
registered professional nurse on duty at all times of clinical	3383
operations;	3384

(g) Provides approved methods and procedures for the	3385
dispensing and administration of drugs and biologicals;	3386

(h) Has established an accounting and record keeping system	3387
to determine reasonable and allowable costs;	3388

(i) "Ambulatory health facilities" also includes an	3389
alcoholism treatment facility approved by the joint commission on	3390
accreditation of healthcare organizations as an alcoholism	3391
treatment facility or certified by the department of alcohol and	3392
drug addiction services, and such facility shall comply with other	3393
provisions of this division not inconsistent with such	3394
accreditation or certification.	3395

(3) "Community mental health facility" means a facility which	3396
provides community mental health services and is included in the	3397
comprehensive mental health plan for the alcohol, drug addiction,	3398
and mental health service district in which it is located.	3399

(4) "Community mental health service" means services, other	3400
than inpatient services, provided by a community mental health	3401
facility.	3402

(5) "Home health agency" means an institution or a distinct	3403
part of an institution operated in this state which:	3404

(a) Is primarily engaged in providing home health services;

3405

(b) Has home health policies which are established by a group	3406
of professional personnel, including one or more duly licensed	3407
doctors of medicine or osteopathy and one or more registered	3408
professional nurses, to govern the home health services it	3409
provides and which includes a requirement that every patient must	3410
be under the care of a duly licensed doctor of medicine or	3411
osteopathy;	3412

(c) Is under the supervision of a duly licensed doctor of	3413
medicine or doctor of osteopathy or a registered professional	3414
nurse who is responsible for the execution of such home health	3415
policies;	3416

(d) Maintains comprehensive records on all patients;

3417

(e) Is operated by the state, a political subdivision, or an	3418
agency of either, or is operated not for profit in this state and	3419
is licensed or registered, if required, pursuant to law by the	3420
appropriate department of the state, county, or municipality in	3421
which it furnishes services; or is operated for profit in this	3422
state, meets all the requirements specified in divisions (A)(5)(a)	3423
to (d) of this section, and is certified under Title XVIII of the	3424
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	3425
amended.	3426

(6) "Home health service" means the following items and	3427
services, provided, except as provided in division (A)(6)(g) of	3428
this section, on a visiting basis in a place of residence used as	3429
the patient's home:	3430

(a) Nursing care provided by or under the supervision of a	3431
registered professional nurse;	3432

(b) Physical, occupational, or speech therapy ordered by the	3433
patient's attending physician;	3434

(c) Medical social services performed by or under the	3435
supervision of a qualified medical or psychiatric social worker	3436
and under the direction of the patient's attending physician;	3437

(d) Personal health care of the patient performed by aides in	3438
accordance with the orders of a doctor of medicine or osteopathy	3439
and under the supervision of a registered professional nurse;	3440

(e) Medical supplies and the use of medical appliances;

3441

(f) Medical services of interns and residents-in-training	3442
under an approved teaching program of a nonprofit hospital and	3443
under the direction and supervision of the patient's attending	3444
physician;	3445

(g) Any of the foregoing items and services which:

3446

(i) Are provided on an outpatient basis under arrangements	3447
made by the home health agency at a hospital or skilled nursing	3448
facility;	3449

(ii) Involve the use of equipment of such a nature that the	3450
items and services cannot readily be made available to the patient	3451
in the patient's place of residence, or which are furnished at the	3452
hospital or skilled nursing facility while the patient is there to	3453
receive any item or service involving the use of such equipment.	3454

(B) Any attorney, physician, osteopath, podiatrist,	3455
chiropractor, dentist, psychologist, any employee of a hospital as	3456
defined in section 3701.01 of the Revised Code, any nurse licensed	3457
under Chapter 4723. of the Revised Code, any employee of an	3458
ambulatory health facility, any employee of a home health agency,	3459
any employee of an adult care facility as defined in section	3460
3722.01 of the Revised Code, any employee of a nursing home,	3461
residential care facility, or home for the aging, as defined in	3462
section 3721.01 of the Revised Code, any senior service provider,	3463
any peace officer, coroner, clergyman, any employee of a community	3464
mental health facility, and any person engaged in social work or	3465
counselinglicensed or registered under Chapter 4757. of the	3466
Revised Code having reasonable cause to believe that an adult is	3467
being abused, neglected, or exploited, or is in a condition which	3468
is the result of abuse, neglect, or exploitation shall immediately	3469
report such belief to the county department of job and family	3470
services. This section does not apply to employees of any hospital	3471
or public hospital as defined in section 5122.01 of the Revised	3472
Code.	3473

(B)(C) Any person having reasonable cause to believe that an	3474
adult has suffered abuse, neglect, or exploitation may report, or	3475
cause reports to be made of such belief to the department.	3476

(C)(D) The reports made under this section shall be made	3477
orally or in writing except that oral reports shall be followed by	3478
a written report if a written report is requested by the	3479
department. Written reports shall include:	3480

(1) The name, address, and approximate age of the adult who	3481
is the subject of the report;	3482

(2) The name and address of the individual responsible for	3483
the adult's care, if any individual is, and if the individual is	3484
known;	3485

(3) The nature and extent of the alleged abuse, neglect, or	3486
exploitation of the adult;	3487

(4) The basis of the reporter's belief that the adult has	3488
been abused, neglected, or exploited.	3489

(D)(E) Any person with reasonable cause to believe that an	3490
adult is suffering abuse, neglect, or exploitation who makes a	3491
report pursuant to this section or who testifies in any	3492
administrative or judicial proceeding arising from such a report,	3493
or any employee of the state or any of its subdivisions who is	3494
discharging responsibilities under section 5101.62 of the Revised	3495
Code shall be immune from civil or criminal liability on account	3496
of such investigation, report, or testimony, except liability for	3497
perjury, unless the person has acted in bad faith or with	3498
malicious purpose.	3499

(E)(F) No employer or any other person with the authority to	3500
do so shall discharge, demote, transfer, prepare a negative work	3501
performance evaluation, or reduce benefits, pay, or work	3502
privileges, or take any other action detrimental to an employee or	3503
in any way retaliate against an employee as a result of the	3504
employee's having filed a report under this section.	3505

(F)(G) Neither the written or oral report provided for in	3506
this section nor the investigatory report provided for in section	3507
5101.62 of the Revised Code shall be considered a public record as	3508
defined in section 149.43 of the Revised Code. Information	3509
contained in the report shall upon request be made available to	3510
the adult who is the subject of the report, to agencies authorized	3511
by the department to receive information contained in the report,	3512
and to legal counsel for the adult.	3513

Sec. 5101.99.  (A) Whoever violates division (A) or (B) or	3514
(C) of section 5101.61 of the Revised Code shall be fined not more	3515
than five hundred dollars.	3516

(B) Whoever violates division (A) of section 5101.27 of the	3517
Revised Code is guilty of a misdemeanor of the first degree.	3518

(C) Whoever violates section 5101.133 of the Revised Code is	3519
guilty of a misdemeanor of the fourth degree.	3520

Sec. 5123.61.  (A) As used in this section:

3521

(1) "Law enforcement agency" means the state highway patrol,	3522
the police department of a municipal corporation, or a county	3523
sheriff.	3524

(2) "Abuse" has the same meaning as in section 5123.50 of the	3525
Revised Code, except that it includes a misappropriation, as	3526
defined in that section.	3527

(3) "Neglect" has the same meaning as in section 5123.50 of	3528
the Revised Code.	3529

(B) The department of developmental disabilities shall	3530
establish a registry office for the purpose of maintaining reports	3531
of abuse, neglect, and other major unusual incidents made to the	3532
department under this section and reports received from county	3533
boards of developmental disabilities under section 5126.31 of the	3534
Revised Code. The department shall establish committees to review	3535
reports of abuse, neglect, and other major unusual incidents.	3536

(C)(1) Any person listed in division (C)(2) of this section,	3537
having reason to believe that a person with mental retardation or	3538
a developmental disability has suffered or faces a substantial	3539
risk of suffering any wound, injury, disability, or condition of	3540
such a nature as to reasonably indicate abuse or neglect of that	3541
person, shall immediately report or cause reports to be made of	3542
such information to the entity specified in this division. Except	3543
as provided in section 5120.173 of the Revised Code or as	3544
otherwise provided in this division, the person making the report	3545
shall make it to a law enforcement agency or to the county board	3546
of developmental disabilities. If the report concerns a resident	3547
of a facility operated by the department of developmental	3548
disabilities the report shall be made either to a law enforcement	3549
agency or to the department. If the report concerns any act or	3550
omission of an employee of a county board of developmental	3551
disabilities, the report immediately shall be made to the	3552
department and to the county board.	3553

(2) All of the following persons are required to make a	3554
report under division (C)(1) of this section:	3555

(a) Any physician, including a hospital intern or resident,	3556
any dentist, podiatrist, chiropractor, practitioner of a limited	3557
branch of medicine as specified in section 4731.15 of the Revised	3558
Code, hospital administrator or employee of a hospital, nurse	3559
licensed under Chapter 4723. of the Revised Code, employee of an	3560
ambulatory health facility as defined in section 5101.61 of the	3561
Revised Code, employee of a home health agency, employee of an	3562
adult care facility licensed under Chapter 3722. of the Revised	3563
Code, or employee of a community mental health facility;	3564

(b) Any school teacher or school authority, social worker,	3565
psychologist, attorney, peace officer, coroner, or residents'	3566
rights advocate as defined in section 3721.10 of the Revised Code;	3567

(c) A superintendent, board member, or employee of a county	3568
board of developmental disabilities; an administrator, board	3569
member, or employee of a residential facility licensed under	3570
section 5123.19 of the Revised Code; an administrator, board	3571
member, or employee of any other public or private provider of	3572
services to a person with mental retardation or a developmental	3573
disability, or any MR/DD employee, as defined in section 5123.50	3574
of the Revised Code;	3575

(d) A member of a citizen's advisory council established at	3576
an institution or branch institution of the department of	3577
developmental disabilities under section 5123.092 of the Revised	3578
Code;	3579

(e) A clergyman who is employed in a position that includes	3580
providing specialized services to an individual with mental	3581
retardation or another developmental disability, while acting in	3582
an official or professional capacity in that position, or a person	3583
who is employed in a position that includes providing specialized	3584
services to an individual with mental retardation or another	3585
developmental disability and who, while acting in an official or	3586
professional capacity, renders spiritual treatment through prayer	3587
in accordance with the tenets of an organized religion;	3588

(f) A person licensed or registered under Chapter 4757. of	3589
the Revised Code.	3590

(3)(a) The reporting requirements of this division do not	3591
apply to members of the legal rights service commission or to	3592
employees of the legal rights service.	3593

(b) An attorney or physician is not required to make a report	3594
pursuant to division (C)(1) of this section concerning any	3595
communication the attorney or physician receives from a client or	3596
patient in an attorney-client or physician-patient relationship,	3597
if, in accordance with division (A) or (B) of section 2317.02 of	3598
the Revised Code, the attorney or physician could not testify with	3599
respect to that communication in a civil or criminal proceeding,	3600
except that the client or patient is deemed to have waived any	3601
testimonial privilege under division (A) or (B) of section 2317.02	3602
of the Revised Code with respect to that communication and the	3603
attorney or physician shall make a report pursuant to division	3604
(C)(1) of this section, if both of the following apply:	3605

(i) The client or patient, at the time of the communication,	3606
is a person with mental retardation or a developmental disability.	3607

(ii) The attorney or physician knows or suspects, as a result	3608
of the communication or any observations made during that	3609
communication, that the client or patient has suffered or faces a	3610
substantial risk of suffering any wound, injury, disability, or	3611
condition of a nature that reasonably indicates abuse or neglect	3612
of the client or patient.	3613

(4) Any person who fails to make a report required under	3614
division (C) of this section and who is an MR/DD employee, as	3615
defined in section 5123.50 of the Revised Code, shall be eligible	3616
to be included in the registry regarding misappropriation, abuse,	3617
neglect, or other specified misconduct by MR/DD employees	3618
established under section 5123.52 of the Revised Code.	3619

(D) The reports required under division (C) of this section	3620
shall be made forthwith by telephone or in person and shall be	3621
followed by a written report. The reports shall contain the	3622
following:	3623

(1) The names and addresses of the person with mental	3624
retardation or a developmental disability and the person's	3625
custodian, if known;	3626

(2) The age of the person with mental retardation or a	3627
developmental disability;	3628

(3) Any other information that would assist in the	3629
investigation of the report.	3630

(E) When a physician performing services as a member of the	3631
staff of a hospital or similar institution has reason to believe	3632
that a person with mental retardation or a developmental	3633
disability has suffered injury, abuse, or physical neglect, the	3634
physician shall notify the person in charge of the institution or	3635
that person's designated delegate, who shall make the necessary	3636
reports.	3637

(F) Any person having reasonable cause to believe that a	3638
person with mental retardation or a developmental disability has	3639
suffered or faces a substantial risk of suffering abuse or neglect	3640
may report or cause a report to be made of that belief to the	3641
entity specified in this division. Except as provided in section	3642
5120.173 of the Revised Code or as otherwise provided in this	3643
division, the person making the report shall make it to a law	3644
enforcement agency or the county board of developmental	3645
disabilities. If the person is a resident of a facility operated	3646
by the department of developmental disabilities, the report shall	3647
be made to a law enforcement agency or to the department. If the	3648
report concerns any act or omission of an employee of a county	3649
board of developmental disabilities, the report immediately shall	3650
be made to the department and to the county board.	3651

(G)(1) Upon the receipt of a report concerning the possible	3652
abuse or neglect of a person with mental retardation or a	3653
developmental disability, the law enforcement agency shall inform	3654
the county board of developmental disabilities or, if the person	3655
is a resident of a facility operated by the department of	3656
developmental disabilities, the director of the department or the	3657
director's designee.	3658

(2) On receipt of a report under this section that includes	3659
an allegation of action or inaction that may constitute a crime	3660
under federal law or the law of this state, the department of	3661
developmental disabilities shall notify the law enforcement	3662
agency.	3663

(3) When a county board of developmental disabilities	3664
receives a report under this section that includes an allegation	3665
of action or inaction that may constitute a crime under federal	3666
law or the law of this state, the superintendent of the board or	3667
an individual the superintendent designates under division (H) of	3668
this section shall notify the law enforcement agency. The	3669
superintendent or individual shall notify the department of	3670
developmental disabilities when it receives any report under this	3671
section.	3672

(4) When a county board of developmental disabilities	3673
receives a report under this section and believes that the degree	3674
of risk to the person is such that the report is an emergency, the	3675
superintendent of the board or an employee of the board the	3676
superintendent designates shall attempt a face-to-face contact	3677
with the person with mental retardation or a developmental	3678
disability who allegedly is the victim within one hour of the	3679
board's receipt of the report.	3680

(H) The superintendent of the board may designate an	3681
individual to be responsible for notifying the law enforcement	3682
agency and the department when the county board receives a report	3683
under this section.	3684

(I) An adult with mental retardation or a developmental	3685
disability about whom a report is made may be removed from the	3686
adult's place of residence only by law enforcement officers who	3687
consider that the adult's immediate removal is essential to	3688
protect the adult from further injury or abuse or in accordance	3689
with the order of a court made pursuant to section 5126.33 of the	3690
Revised Code.	3691

(J) A law enforcement agency shall investigate each report of	3692
abuse or neglect it receives under this section. In addition, the	3693
department, in cooperation with law enforcement officials, shall	3694
investigate each report regarding a resident of a facility	3695
operated by the department to determine the circumstances	3696
surrounding the injury, the cause of the injury, and the person	3697
responsible. The investigation shall be in accordance with the	3698
memorandum of understanding prepared under section 5126.058 of the	3699
Revised Code. The department shall determine, with the registry	3700
office which shall be maintained by the department, whether prior	3701
reports have been made concerning an adult with mental retardation	3702
or a developmental disability or other principals in the case. If	3703
the department finds that the report involves action or inaction	3704
that may constitute a crime under federal law or the law of this	3705
state, it shall submit a report of its investigation, in writing,	3706
to the law enforcement agency. If the person with mental	3707
retardation or a developmental disability is an adult, with the	3708
consent of the adult, the department shall provide such protective	3709
services as are necessary to protect the adult. The law	3710
enforcement agency shall make a written report of its findings to	3711
the department.	3712

If the person is an adult and is not a resident of a facility	3713
operated by the department, the county board of developmental	3714
disabilities shall review the report of abuse or neglect in	3715
accordance with sections 5126.30 to 5126.33 of the Revised Code	3716
and the law enforcement agency shall make the written report of	3717
its findings to the county board.	3718

(K) Any person or any hospital, institution, school, health	3719
department, or agency participating in the making of reports	3720
pursuant to this section, any person participating as a witness in	3721
an administrative or judicial proceeding resulting from the	3722
reports, or any person or governmental entity that discharges	3723
responsibilities under sections 5126.31 to 5126.33 of the Revised	3724
Code shall be immune from any civil or criminal liability that	3725
might otherwise be incurred or imposed as a result of such actions	3726
except liability for perjury, unless the person or governmental	3727
entity has acted in bad faith or with malicious purpose.	3728

(L) No employer or any person with the authority to do so	3729
shall discharge, demote, transfer, prepare a negative work	3730
performance evaluation, reduce pay or benefits, terminate work	3731
privileges, or take any other action detrimental to an employee or	3732
retaliate against an employee as a result of the employee's having	3733
made a report under this section. This division does not preclude	3734
an employer or person with authority from taking action with	3735
regard to an employee who has made a report under this section if	3736
there is another reasonable basis for the action.	3737

(M) Reports made under this section are not public records as	3738
defined in section 149.43 of the Revised Code. Information	3739
contained in the reports on request shall be made available to the	3740
person who is the subject of the report, to the person's legal	3741
counsel, and to agencies authorized to receive information in the	3742
report by the department or by a county board of developmental	3743
disabilities.	3744

(N) Notwithstanding section 4731.22 of the Revised Code, the	3745
physician-patient privilege shall not be a ground for excluding	3746
evidence regarding the injuries or physical neglect of a person	3747
with mental retardation or a developmental disability or the cause	3748
thereof in any judicial proceeding resulting from a report	3749
submitted pursuant to this section.	3750

Section 2.  That existing sections 125.22, 1701.03, 1705.03,	3751
1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.08, 2151.421,	3752
2921.22, 3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226,	3753
4731.65, 4732.28, 4734.17, 4755.471, 4757.01, 4757.02, 4757.03,	3754
4757.04, 4757.05, 4757.06, 4757.07, 4757.10, 4757.101, 4757.11,	3755
4757.12, 4757.15, 4757.16, 4757.17, 4757.18, 4757.19, 4757.22,	3756
4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.301, 4757.31,	3757
4757.32, 4757.33, 4757.34, 4757.36, 4757.361, 4757.38, 4757.40,	3758
4757.43, 4757.44, 5101.61, 5101.99, and 5123.61 of the Revised	3759
Code are hereby repealed.	3760

Section 3.  Within ninety days after the effective date of	3761
this section, the Governor shall appoint the initial art therapist	3762
members and the additional public member of the Counselor, Social	3763
Worker, Marriage and Family Therapist, and Art Therapist Board, in	3764
accordance with section 4757.03 of the Revised Code, as amended by	3765
this act. The art therapist appointees are not required, at the	3766
time of appointment, to be licensed as art therapists; however,	3767
the appointees may remain members only if the appointees become	3768
licensed as art therapists within one year after the effective	3769
date of this section.	3770

Section 4.  Until one year after the effective date of this	3771
section, the Counselor, Social Worker, Marriage and Family	3772
Therapist, and Art Therapist Board shall issue an art therapist	3773
license to an applicant who is of good moral character, submits a	3774
properly completed application, pays the fee for art therapist	3775
licensure established under section 4757.31 of the Revised Code,	3776
and meets the following requirements on the effective date of this	3777
section:	3778

(A) The applicant is licensed under Chapter 4757. of the	3779
Revised Code as a professional clinical counselor, independent	3780
marriage and family therapist, or independent social worker;	3781
licensed under Chapter 4732. of the Revised Code as a	3782
psychologist; or licensed under Chapter 4731. of the Revised Code	3783
and is board-certified to practice as a psychiatrist.	3784

(B) The person holds a degree in art therapy or the	3785
equivalent of such a degree as determined by the Board.	3786

(C) Provides evidence to the Board's Art Therapist	3787
Professional Standards Committee that the applicant has practiced	3788
art therapy for at least five years within the ten years	3789
immediately preceding the effective date of this section.	3790