Bill Text: OH SB287 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: To revise the law governing the professions of chemical dependency counseling and alcohol and other drug prevention and to remove wheelchairs from nursing facilities' Medicaid direct care costs.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-12-11 - Conference Committee [SB287 Detail]

Download: Ohio-2011-SB287-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 287

Senators LaRose, Cafaro 

Cosponsors: Senators Seitz, Brown, Tavares, Bacon, Balderson, Beagle, Burke, Coley, Gentile, Hite, Hughes, Kearney, Lehner, Niehaus, Obhof, Oelslager, Patton, Peterson, Schiavoni, Skindell, Smith, Turner, Wagoner 

Representatives Antonio, Carney, Celeste, Garland, Hackett, Ramos, Schuring, Sears, Slaby, M., Yuko, Anielski, Ashford, Beck, Blair, Blessing, Bubp, Buchy, Celebrezze, Combs, Driehaus, Fedor, Grossman, Hayes, Kozlowski, Letson, McClain, Milkovich, Murray, Newbold, O'Brien, Ruhl, Stinziano, Sykes, Wachtmann, Winburn, Young Speaker Batchelder 

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A BILL

To amend sections 4757.41, 4758.01, 4758.02, 4758.10,

1

4758.20, 4758.21, 4758.22, 4758.23, 4758.24,

2

4758.26, 4758.27, 4758.30, 4758.40, 4758.41,

3

4758.42, 4758.43, 4758.44, 4758.45, 4758.51,

4

4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and

5

5111.20; to enact sections 4758.221, 4758.241,

6

4758.39, 4758.46, 4758.47, 4758.52, 4758.54, and

7

4758.561; and to repeal sections 3793.07, 4758.04,

8

4758.53, and 4758.58 of the Revised Code to revise

9

the law governing the professions of chemical

10

dependency counseling and alcohol and other drug

11

prevention and to remove wheelchairs from nursing

12

facilities' Medicaid direct care costs.

13

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

Section 1. That sections 4757.41, 4758.01, 4758.02, 4758.10,	14
4758.20, 4758.21, 4758.22, 4758.23, 4758.24, 4758.26, 4758.27,	15
4758.30, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45,	16
4758.51, 4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and 5111.20	17
be amended and sections 4758.221, 4758.241, 4758.39, 4758.46,	18
4758.47, 4758.52, 4758.54, and 4758.561 of the Revised Code be	19
enacted to read as follows:	20

Sec. 4757.41.  (A) This chapter shall not apply to the	21
following:	22

(1) A person certified by the state board of education under	23
Chapter 3319. of the Revised Code while performing any services	24
within the person's scope of employment by a board of education or	25
by a private school meeting the standards prescribed by the state	26
board of education under division (D) of section 3301.07 of the	27
Revised Code or in a program operated under Chapter 5126. of the	28
Revised Code for training individuals with mental retardation or	29
other developmental disabilities;	30

(2) Psychologists or school psychologists licensed under	31
Chapter 4732. of the Revised Code;	32

(3) Members of other professions licensed, certified, or	33
registered by this state while performing services within the	34
recognized scope, standards, and ethics of their respective	35
professions;	36

(4) Rabbis, priests, Christian science practitioners, clergy,	37
or members of religious orders and other individuals participating	38
with them in pastoral counseling when the counseling activities	39
are within the scope of the performance of their regular or	40
specialized ministerial duties and are performed under the	41
auspices or sponsorship of an established and legally cognizable	42
church, denomination, or sect or an integrated auxiliary of a	43
church as defined in federal tax regulations, paragraph (g)(5) of	44
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	45
service remains accountable to the established authority of that	46
church, denomination, sect, or integrated auxiliary;	47

(5) Any person employed in the civil service as defined in	48
section 124.01 of the Revised Code while engaging in social work	49
or professional counseling as a civil service employee;	50

(6) A student in an accredited educational institution while	51
carrying out activities that are part of the student's prescribed	52
course of study if the activities are supervised as required by	53
the educational institution and if the student does not hold	54
herself or himself out as a person licensed or registered under	55
this chapter;	56

(7) Until two years after the date the department of alcohol	57
and drug addiction services ceases to administer its process for	58
the certification or credentialing of chemical dependency	59
counselors and alcohol and other drug prevention specialists under	60
section 3793.07 of the Revised Code, as specified in division (B)	61
of that section, or in the case of an individual who has the	62
expiration date of the individual's certificate or credentials	63
delayed under section 4758.04 of the Revised Code, until the date	64
of the delayed expiration, individuals with certification or	65
credentials accepted by the department under that section who are	66
acting within the scope of their certification or credentials as	67
members of the profession of chemical dependency counseling or as	68
alcohol and other drug prevention specialists;	69

(8) Individuals who hold a license or certificate under	70
Chapter 4758. of the Revised Code who are acting within the scope	71
of their license or certificate as members of the profession of	72
chemical dependency counseling or alcohol and other drug	73
prevention services;	74

(9)(8) Any person employed by the American red cross while	75
engaging in activities relating to services for military families	76
and veterans and disaster relief, as described in the "American	77
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	78
amended;	79

(10)(9) Members of labor organizations who hold union	80
counselor certificates while performing services in their official	81
capacity as union counselors;	82

(11)(10) Any person employed in a hospital as defined in	83
section 3727.01 of the Revised Code or in a nursing home as	84
defined in section 3721.01 of the Revised Code while providing as	85
a hospital employee or nursing home employee, respectively, social	86
services other than counseling and the use of psychosocial	87
interventions and social psychotherapy.	88

(B) Divisions (A)(5), (9)(8), and (11)(10) of this section do	89
not prevent a person described in those divisions from obtaining a	90
license or certificate of registration under this chapter.	91

Sec. 4758.01. As used in this chapter:

92

(A) "Accredited educational institution" means an educational	93
institution accredited by an accrediting agency accepted by the	94
Ohio board of regents.	95

(B)(1) "Alcohol and other drug clinical counseling	96
principles, methods, or procedures" means an approach to chemical	97
dependency counseling that emphasizes the chemical dependency	98
counselor's role in systematically assisting clients through all	99
of the following:	100

(a) Analyzing background and current information;

101

(b) Exploring possible solutions;

102

(c) Developing and providing a treatment plan;

103

(d) In the case of an independent chemical dependency	104
counselor-clinical supervisor, independent chemical dependency	105
counselor, or chemical dependency counselor III only, diagnosing	106
chemical dependency conditions.	107

(2) "Alcohol and other drug clinical counseling principles,	108
methods, or procedures" includes counseling, assessing,	109
consulting, and referral as they relate to chemical dependency	110
conditions.	111

(C) "Alcohol and other drug prevention services" means a	112
planned process of strategies and activities designed to preclude	113
the onset of the use of alcohol and other drugs, reduce	114
problematic use of alcohol and other drugs, or both.	115

(D) "Chemical dependency conditions" means those conditions	116
relating to the abuse of or dependency on alcohol or other drugs	117
that are classified in accepted nosologies, including the	118
diagnostic and statistical manual of mental disorders and the	119
international classification of diseases, and in editions of those	120
nosologies published after the effective date of this section	121
December 23, 2002.	122

(E) "Chemical dependency counseling" means rendering or	123
offering to render to individuals, groups, or the public a	124
counseling service involving the application of alcohol and other	125
drug clinical counseling principles, methods, or procedures to	126
assist individuals who are abusing or dependent on alcohol or	127
other drugs.	128

(F) "ScopeUnless the context provides otherwise, "scope of	129
practice" means the services, methods, and techniques in which and	130
the areas for which a person who holds a license or certificate	131
under this chapter is trained and qualified.	132

(G) "Substance abuse professional" has the same meaning as in	133
49 C.F.R. 40.3.	134

(H) "U.S. department of transportation drug and alcohol	135
testing program" means a transportation workplace drug and alcohol	136
testing program governed by 49 C.F.R. part 40.	137

Sec. 4758.02. (A) Effective two years after the date the	138
department of alcohol and drug addiction services ceases to	139
administer its certification and credentialing process under	140
section 3793.07 of the Revised Code as specified in division (B)	141
of that section and exceptExcept as provided in sectionssection	142
4758.03 and 4758.04 of the Revised Code, no person shall do any of	143
the following:	144

(1) Engage in or represent to the public that the person	145
engages in chemical dependency counseling for a fee, salary, or	146
other consideration unless the person holds a valid independent	147
chemical dependency counselor-clinical supervisor license,	148
independent chemical dependency counselor license, chemical	149
dependency counselor III license, chemical dependency counselor II	150
license, chemical dependency counselor I certificate, or chemical	151
dependency counselor assistant certificate issued under this	152
chapter;	153

(2) Use the title "licensed independent chemical dependency	154
counselor-clinical supervisor," "LICDC-CS," "licensed independent	155
chemical dependency counselor," "LICDC," "licensed chemical	156
dependency counselor III," "LCDC III," "licensed chemical	157
dependency counselor II," "LCDC II," "certified chemical	158
dependency counselor I," "CCDC I," "chemical dependency counselor	159
assistant," "CDCA," or any other title or description	160
incorporating the word "chemical dependency counselor" or any	161
other initials used to identify persons acting in those capacities	162
unless currently authorized under this chapter to act in the	163
capacity indicated by the title or initials;	164

(3) Represent to the public that the person is a registered	165
applicant unless the person holds a valid registered applicant	166
certificate issued under this chapter;	167

(4) Use the title "certified prevention specialist II," "CPS	168
II," "certified prevention specialist I," "CPS I," "certified	169
prevention specialist assistant," "CPSA," "registered applicant,"	170
"RA," or any other title, description, or initials used to	171
identify persons acting in those capacities unless currently	172
authorized under this chapter to act in the capacity indicated by	173
the title or initials.	174

(B) Effective six years after the effective date of this	175
section, noNo person shall engage in or represent to the public	176
that the person engages in chemical dependency counseling as a	177
chemical dependency counselor I.	178

Sec. 4758.10. (A) There is hereby created the chemical	179
dependency professionals board.	180

(B) The governor shall appoint all of the following voting	181
members of the board with the advice and consent of the senate:	182

(1) Four individuals who hold a valid independent chemical	183
dependency counselor-clinical supervisor license or independent	184
chemical dependency counselor license issued under this chapter,	185
including at least two of whom have received at least a master's	186
degree in a field related to chemical dependency counseling from	187
an accredited educational institution;	188

(2) Two individuals who hold a valid chemical dependency	189
counselor III license issued under this chapter;	190

(3) One individual who holds a valid chemical dependency	191
counselor II license issued under this chapter;	192

(4) Two individuals who hold a valid prevention specialist II	193
certificate or prevention specialist I certificate issued under	194
this chapter;	195

(5) One individual who is authorized under Chapter 4731. of	196
the Revised Code to practice medicine and surgery or osteopathic	197
medicine and surgery and has experience practicing in a field	198
related to chemical dependency counseling;	199

(6) Two individuals who represent the public and have not	200
practiced chemical dependency counseling or alcohol and other drug	201
prevention services and have not been involved in the delivery of	202
chemical dependency counseling services or alcohol and other drug	203
prevention services. At least one of these individuals shall be at	204
least sixty years of age. During their terms, the public members	205
shall not practice chemical dependency counseling or alcohol and	206
other drug prevention services or be involved in the delivery of	207
chemical dependency counseling services or alcohol and other drug	208
prevention services.	209

(C) Not later than ninety days after the effective date of	210
this sectionDecember 23, 2002, the director of alcohol and drug	211
addiction services shall appoint an individual who represents the	212
department of alcohol and drug addiction services to serve as an	213
ex officio member of the chemical dependency professionals board.	214

(D) Not more than one-half of the voting members of the board	215
may be of the same gender or members of the same political party.	216
At least two voting members of the board shall be of African,	217
Native American, Hispanic, or Asian descent.	218

Sec. 4758.20. (A) The chemical dependency professionals board	219
shall adopt rules to establish, specify, or provide for all of the	220
following:	221

(1) Fees for the purposes authorized by section 4758.21 of	222
the Revised Code;	223

(2) If the board, pursuant to section 4758.221 of the Revised	224
Code, elects to administer examinations for individuals seeking to	225
act as substance abuse professionals in a U.S. department of	226
transportation drug and alcohol testing program, the board's	227
administration of the examinations;	228

(3) For the purpose of section 4758.23 of the Revised Code,	229
codes of ethical practice and professional conduct for individuals	230
who hold a license or certificate issued under this chapter;	231

(3)(4) For the purpose of section 4758.24 of the Revised	232
Code, all of the following:	233

(a) Good moral character requirements for an individual who	234
seeks or holds a license or certificate issued under this chapter;	235

(b) The documents that an individual seeking such a license	236
or certificate must submit to the board;	237

(c) Requirements to obtain the license or certificate that	238
are in addition to the requirements established under sections	239
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45,	240
4758.46, and 4758.47 of the Revised Code. The additional	241
requirements may include preceptorships.	242

(d) The period of time that an individual whose registered	243
applicant certificate has expired must wait before applying for a	244
new registered applicant certificate.	245

(4) Procedures for renewal of a chemical dependency counselor	246
I license under section 4758.27 of the Revised Code;	247

(5) For the purpose of section 4758.28 of the Revised Code,	248
requirements for approval of continuing education courses of study	249
for individuals who hold a license or certificate issued under	250
this chapter;	251

(6) For the purpose of section 4758.30 of the Revised Code,	252
the intervention for and treatment of an individual holding a	253
license or certificate issued under this chapter whose abilities	254
to practice are impaired due to abuse of or dependency on alcohol	255
or other drugs or other physical or mental condition;	256

(7) Requirements governing reinstatement of a suspended or	257
revoked license or certificate under division (B) of section	258
4758.30 of the Revised Code, including requirements for	259
determining the amount of time an individual must wait to apply	260
for reinstatement;	261

(8) For the purpose of section 4758.31 of the Revised Code,	262
methods of ensuring that all records the board holds pertaining to	263
an investigation remain confidential during the investigation;	264

(9) Criteria for employees of the board to follow when	265
performing their duties under division (B) of section 4758.35 of	266
the Revised Code;	267

(10) For the purpose of division (A)(1) of section 4758.39	268
and division (A)(1) of section 4758.40 of the Revised Code, course	269
requirements for a degree in a behavioral sciencesscience or	270
nursing that shall, at a minimum, include at least sixty quarter	271
forty semester hours, or the equivalent number of semester hours,	272
in all of the following courses:	273

(a) Theories of counseling and psychotherapy;

274

(b) Counseling procedures;

275

(c) Group process and techniques;

276

(d) Relationship therapy;

277

(e) Research methods and statistics;

278

(f) Fundamentals of assessment and diagnosis, including	279
measurement and appraisal;	280

(g) Psychopathology;

281

(h) Human development;

282

(i) Cultural competence in counseling;

283

(j) Ethics.

284

(11) For the purpose of division (A)(3) of section 4758.39,	285
division (A)(3) of section 4758.40, division (A)(3) of section	286
4758.41, and division (A)(3) of section 4758.42 of the Revised	287
Code, training requirements for chemical dependency that shall, at	288
a minimum, include qualifications for the individuals who provide	289
the training and instruction in all of the following courses:	290

(a) Theories of addiction;

291

(b) Counseling procedures and strategies with addicted	292
populations;	293

(c) Group process and techniques working with addicted	294
populations;	295

(d) Assessment and diagnosis of addiction;

296

(e) Relationship counseling with addicted populations;

297

(f) Pharmacology;

298

(g) Prevention strategies;

299

(h) Treatment planning;

300

(i) Legal and ethical issues.

301

(12) For the purpose of division (B)(2)(b) of section 4758.40	302
and division (B)(2) of section 4758.41 of the Revised Code,	303
requirements for the forty clock hours of training on the version	304
of the diagnostic and statistical manual of mental disorders that	305
is current at the time of the training, including the number of	306
the clock hours that must be on substance-related disorders, the	307
number of the clock hours that must be on chemical dependency	308
conditions, and the number of the clock hours that must be on	309
awareness of other mental and emotional disorders;	310

(13) For the purpose of division (A)(1) of section 4758.41 of	311
the Revised Code, course requirements for a bachelor's degree in a	312
behavioral sciencesscience or nursing;	313

(14) For the purpose of division (A) of section 4758.43 of	314
the Revised Code, training requirements for chemical dependency	315
counseling that shall, at a minimum, include qualifications for	316
the individuals who provide the training and instruction in one or	317
more of the courses listed in division (A)(11)(10) of this section	318
as selected by the individual seeking the chemical dependency	319
counselor assistant certificate;	320

(15) For the purpose of division (A)(2) of section 4758.44 of	321
the Revised Code, the field of study in which an individual must	322
obtain at least a bachelor's degree;	323

(16) For the purpose of division (A)(3) of section 4758.44,	324
division (A)(3) of section 4758.45, and division (A)(2)(D) of	325
section 4758.534758.46 of the Revised Code, requirements for	326
prevention-related education;	327

(16)(17) For the purpose of division (A)(4) of section	328
4758.44 of the Revised Code, the number of hours of administrative	329
or supervisory education that an individual must have;	330

(18) For the purpose of division (A)(2) of section 4758.45 of	331
the Revised Code, the field of study in which an individual must	332
obtain at least an associate's degree;	333

(19) For the purpose of section 4758.51 of the Revised Code,	334
continuing education requirements for individuals who hold a	335
license or certificate issued under this chapter;	336

(17)(20) For the purpose of section 4758.51 of the Revised	337
Code, the number of hours of continuing education that an	338
individual must complete to have an expired license or certificate	339
restored under section 4758.26 of the Revised Code;	340

(18)(21) For the purpose of divisions (A) and (B) of section	341
4758.534758.52 of the Revised Code, thetraining requirements an	342
individual holding a registered applicant certificate must	343
complete to take an examination administered pursuant to section	344
4758.22 of the Revised Code to obtain a prevention specialist II	345
certificate or prevention specialist I certificate and the	346
documentation the individual must submit to the board showing that	347
the individual has completed the requirementsfor chemical	348
dependency counseling;	349

(19) The method of determining the amount of time an	350
individual must wait to apply to the board for a new registered	351
applicant certificate under division (B) of section 4758.53 of the	352
Revised Code;	353

(20)(22) The duties, which may differ, of anall of the	354
following:	355

(a) An independent chemical dependency counselor	356
counselor-clinical supervisor licensed under this chapter who	357
supervises a chemical dependency counselor III under section	358
4758.56 of the Revised Code; independent	359

(b) An independent chemical dependency counselor-clinical	360
supervisor, independent chemical dependency counselor, or chemical	361
dependency counselor III licensed under this chapter who	362
supervises a chemical dependency counselor assistant under section	363
4758.59 of the Revised Code; or	364

(c) A prevention specialist II or prevention specialist I	365
certified under this chapter or independent chemical dependency	366
counselor-clinical supervisor, independent chemical dependency	367
counselor, or chemical dependency counselor III, or chemical	368
dependency counselor II licensed under this chapter who supervises	369
a prevention specialist assistant or registered applicant under	370
section 4758.61 of the Revised Code. The duties may differ.	371

(21)(23) Anything else necessary to administer this chapter.

372

(B) All rules adopted under this section shall be adopted in	373
accordance with Chapter 119. of the Revised Code and any	374
applicable federal laws and regulations. Initial rules shall be	375
adopted not later than nine months after December 23, 2002.	376

(C) When it adopts rules under this section, the board may	377
consider standards established by any national association or	378
other organization representing the interests of those involved in	379
chemical dependency counseling or alcohol and other drug	380
prevention services.	381

Sec. 4758.21. (A) In accordance with rules adopted under	382
section 4758.20 of the Revised Code and subject to division (B) of	383
this section, the chemical dependency professionals board shall	384
establish, and may from time to time adjust, fees to be charged	385
for the following:	386

(1) Admitting an individual to an examination administered	387
pursuant to section 4758.22 of the Revised Code;	388

(2) Issuing an initial independent chemical dependency	389
counselor-clinical supervisor license, independent chemical	390
dependency counselor license, chemical dependency counselor III	391
license, chemical dependency counselor II license, chemical	392
dependency counselor assistant certificate, prevention specialist	393
II certificate, prevention specialist I certificate, prevention	394
specialist assistant certificate, or registered applicant	395
certificate;	396

(3) Renewing an independent chemical dependency	397
counselor-clinical supervisor license, independent chemical	398
dependency counselor license, chemical dependency counselor III	399
license, chemical dependency counselor II license, chemical	400
dependency counselor I certificate, chemical dependency counselor	401
assistant certificate, prevention specialist II certificate,	402
prevention specialist I certificate, or registered applicant	403
prevention specialist assistant certificate;	404

(4) Approving continuing education courses under section	405
4758.28 of the Revised Code;	406

(5) Doing anything else the board determines necessary to	407
administer this chapter.	408

(B) The fees established under division (A) of this section	409
are nonrefundable. They shall be in amounts sufficient to cover	410
the necessary expenses of the board in administering this chapter	411
and rules adopted under it. The fees for a license or certificate	412
and the renewal of a license or certificate may differ for the	413
various types of licenses and certificates, but shall not exceed	414
one hundred seventy-five dollars each, unless the board determines	415
that amounts in excess of one hundred seventy-five dollars are	416
needed to cover its necessary expenses in administering this	417
chapter and rules adopted under it and the amounts in excess of	418
one hundred seventy-five dollars are approved by the controlling	419
board.	420

(C) All vouchers of the board shall be approved by the	421
chairperson or executive director of the board, or both, as	422
authorized by the board.	423

Sec. 4758.22. The chemical dependency professionals board	424
shall prepare, cause to be prepared, or procure the use of, and	425
grade, cause to be graded, or procure the grading of, examinations	426
to determine the competence of individuals seeking an independent	427
chemical dependency counselor-clinical supervisor license,	428
independent chemical dependency counselor license, chemical	429
dependency counselor III license, chemical dependency counselor II	430
license, prevention specialist II certificate, or prevention	431
specialist I certificate. The board may develop the examinations	432
or use examinations prepared by state or national organizations	433
that represent the interests of those involved in chemical	434
dependency counseling or alcohol and other drug prevention	435
services. The board shall conduct examinations at least twice each	436
year and shall determine the level of competence necessary for a	437
passing score.	438

An individual may not sit for an examination administered	439
pursuant to this section unless the individual meets the	440
requirements to obtain the license or certificate the individual	441
seeks, other than the requirement to have passed the examination,	442
and pays the fee established under section 4758.21 of the Revised	443
Code. An individual who is denied admission to the examination may	444
appeal the denial in accordance with Chapter 119. of the Revised	445
Code.	446

Sec. 4758.221.  In accordance with rules adopted under	447
section 4758.20 of the Revised Code, the chemical dependency	448
professionals board may administer examinations for individuals	449
seeking to act as substance abuse professionals in a U.S.	450
department of transportation drug and alcohol testing program. If	451
it elects to administer the examinations, the board shall use	452
examinations that comprehensively cover all the elements of	453
substance abuse professional qualification training listed in 49	454
C.F.R. 40.281(c)(1) and are prepared by a nationally recognized	455
professional or training organization that represents the	456
interests of those involved in chemical dependency counseling	457
services.	458

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	459
the Revised Code, the chemical dependency professionals board	460
shall establish codes of ethical practice and professional conduct	461
for the following:	462

(1) Individuals who hold a valid independent chemical	463
dependency counselor-clinical supervisor license, independent	464
chemical dependency counselor license, chemical dependency	465
counselor III license, chemical dependency counselor II license,	466
chemical dependency counselor I certificate, or chemical	467
dependency counselor assistant certificate issued under this	468
chapter;	469

(2) Individuals who hold a valid prevention specialist II	470
certificate, prevention specialist I certificate, prevention	471
specialist assistant certificate, or registered applicant	472
certificate issued under this chapter.	473

(B) The codes for individuals identified under division	474
(A)(1) of this section shall define unprofessional conduct, which	475
shall include engaging in a dual relationship with a client,	476
former client, consumer, or former consumer; committing an act of	477
sexual abuse, misconduct, or exploitation of a client, former	478
client, consumer, or former consumer; and, except as permitted by	479
law, violating client or consumer confidentiality.	480

(C) The codes for individuals identified under division	481
(A)(1) of this section may be based on any codes of ethical	482
practice and professional conduct developed by national	483
associations or other organizations representing the interests of	484
those involved in chemical dependency counseling. The codes for	485
individuals identified under division (A)(2) of this section may	486
be based on any codes of ethical practice and professional conduct	487
developed by national associations or other organizations	488
representing the interests of those involved in alcohol and other	489
drug prevention services. The board may establish standards in the	490
codes that are more stringent than those established by the	491
national associations or other organizations.	492

Sec. 4758.24. (A) The chemical dependency professionals board	493
shall issue a license or certificate under this chapter to an	494
individual who meets all of the following requirements:	495

(1) Is of good moral character as determined in accordance	496
with rules adopted under section 4758.20 of the Revised Code;	497

(2) SubmitsExcept as provided in section 4758.241 of the	498
Revised Code, submits a properly completed application and all	499
other documentation specified in rules adopted under section	500
4758.20 of the Revised Code;	501

(3) PaysExcept as provided in section 4758.241 of the	502
Revised Code, pays the fee established under section 4758.21 of	503
the Revised Code for the license or certificate that the	504
individual seeks;	505

(4) Meets the requirements to obtain the license or	506
certificate that the individual seeks as specified in section	507
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, or 4758.45,	508
4758.46, or 4758.47 of the Revised Code;	509

(5) Meets any additional requirements specified in rules	510
adopted under section 4758.20 of the Revised Code to obtain the	511
license or certificate that the individual seeks.	512

(B) The board shall not issue an initialdo either of the	513
following:	514

(1) Issue a certificate to practice as a chemical dependency	515
counselor I;	516

(2) Issue a new registered applicant certificate to an	517
individual whose previous registered applicant certificate has	518
been expired for less than the period of time specified in rules	519
adopted under section 4758.20 of the Revised Code.	520

Sec. 4758.241. The chemical dependency professionals board	521
shall issue an independent chemical dependency counselor-clinical	522
supervisor license under section 4758.24 of the Revised Code to	523
each individual who, on the effective date of this section, holds	524
a valid independent chemical dependency counselor license without	525
requiring the individual to comply with divisions (A)(2) and (3)	526
of that section.	527

Sec. 4758.26. (A) Except as provided inSubject to section	528
4758.274758.30 of the Revised Code, a license or certificate	529
issued under this chapter, other than a registered applicant	530
certificate, expires two yearsthe following period of time after	531
it is issued and may be renewed in accordance with the standard	532
renewal procedure established under Chapter 4745. of the Revised	533
Code:	534

(1) In the case of an initial chemical dependency counselor	535
assistant certificate, thirteen months;	536

(2) In the case of any other license or certificate, two	537
years.	538

(B) Subject to section 4758.30 of the Revised Code and except	539
as provided in section 4758.27 of the Revised Code, the chemical	540
dependency professionals board shall renew a license or	541
certificate issued under this chapter, other than a registered	542
applicant certificate,in accordance with the standard renewal	543
procedure established under Chapter 4745. of the Revised Code if	544
the individual seeking the renewal pays the renewal fee	545
established under section 4758.21 of the Revised Code and does the	546
following:	547

(1) In the case of an individual seeking renewal of an	548
initial chemical dependency counselor assistant certificate,	549
satisfies the additional training requirement established under	550
section 4758.52 of the Revised Code;	551

(2) In the case of any other individual, satisfies the	552
continuing education requirements established under section	553
4758.51 of the Revised Code.	554

(C) ExceptSubject to section 4758.30 of the Revised Code and	555
except as provided in section 4758.27 of the Revised Code, a	556
license or certificate issued under this chapter, other than a	557
registered applicant certificate, that has expired may be restored	558
if the individual seeking the restoration, not later than two	559
years after the license or certificate expires, applies for	560
restoration of the license or certificate. The board shall issue a	561
restored license or certificate to the individual if the	562
individual pays the renewal fee established under section 4758.21	563
of the Revised Code and does the following:	564

(1) In the case of an individual whose initial chemical	565
dependency counselor assistant certificate expired, satisfies the	566
additional training requirement established under section 4758.52	567
of the Revised Code;	568

(2) In the case of any other individual, satisfies the	569
continuing education requirements established under section	570
4758.51 of the Revised Code for restoring the license or	571
certificate. The	572

The board shall not require an individual to take an	573
examination as a condition of having an expired license or	574
certificate restored under this section.	575

Sec. 4758.27. Until the date that is six years after the	576
effective date of this section, the chemical dependency	577
professionals board shall renew a certificate that on the	578
effective date of this section is accepted under section 3793.07	579
of the Revised Code as authority to practice as a chemical	580
dependency counselor I if the individual holding the certificate	581
renews the certificate in accordance with rules adopted under	582
section 4758.20 of the Revised Code and pays the renewal fee	583
established under section 4758.21 of the Revised Code. Subsequent	584
renewals shall be done under section 4758.26 of the Revised Code.	585

After the date that is six years after the effective date of	586
this section, theThe chemical dependency professionals board	587
shall not renew under this section, or renew or restore under	588
section 4758.26 of the Revised Code, aeither of the following:	589

(A) A certificate to practice as a certified chemical	590
dependency counselor I;	591

(B) A registered applicant certificate.

592

Sec. 4758.30. (A) The chemical dependency professionals	593
board, in accordance with Chapter 119. of the Revised Code, may	594
refuse to issue a license or certificate applied for under this	595
chapter; refuse to renew or restore a license or certificate	596
issued under this chapter; suspend, revoke, or otherwise restrict	597
a license or certificate issued under this chapter; or reprimand	598
an individual holding a license or certificate issued under this	599
chapter. These actions may be taken by the board regarding the	600
applicant for a license or certificate or the individual holding a	601
license or certificate for one or more of the following reasons:	602

(1) Violation of any provision of this chapter or rules	603
adopted under it;	604

(2) Knowingly making a false statement on an application for	605
a license or certificate or for renewal, restoration, or	606
reinstatement of a license or certificate;	607

(3) Acceptance of a commission or rebate for referring an	608
individual to a person who holds a license or certificate issued	609
by, or who is registered with, an entity of state government,	610
including persons practicing chemical dependency counseling,	611
alcohol and other drug prevention services, or fields related to	612
chemical dependency counseling or alcohol and other drug	613
prevention services;	614

(4) Conviction in this or any other state of any crime that	615
is a felony in this state;	616

(5) Conviction in this or any other state of a misdemeanor	617
committed in the course of practice as an independent chemical	618
dependency counselor-clinical supervisor, independent chemical	619
dependency counselor, chemical dependency counselor III, chemical	620
dependency counselor II, chemical dependency counselor I, chemical	621
dependency counselor assistant, prevention specialist II,	622
prevention specialist I, prevention specialist assistant, or	623
registered applicant;	624

(6) Inability to practice as an independent chemical	625
dependency counselor-clinical supervisor, independent chemical	626
dependency counselor, chemical dependency counselor III, chemical	627
dependency counselor II, chemical dependency counselor I, chemical	628
dependency counselor assistant, prevention specialist II,	629
prevention specialist I, prevention specialist assistant, or	630
registered applicant due to abuse of or dependency on alcohol or	631
other drugs or other physical or mental condition;	632

(7) Practicing outside the individual's scope of practice;

633

(8) Practicing without complying with the supervision	634
requirements specified under section 4758.56, 4758.59, or 4758.61	635
of the Revised Code;	636

(9) Violation of the code of ethical practice and	637
professional conduct for chemical dependency counseling or alcohol	638
and other drug prevention services adopted by the board pursuant	639
to section 4758.23 of the Revised Code;	640

(10) Revocation of a license or certificate or voluntary	641
surrender of a license or certificate in another state or	642
jurisdiction for an offense that would be a violation of this	643
chapter.	644

(B) An individual whose license or certificate has been	645
suspended or revoked under this section may apply to the board for	646
reinstatement after an amount of time the board shall determine in	647
accordance with rules adopted under section 4758.20 of the Revised	648
Code. The board may accept or refuse an application for	649
reinstatement. The board may require an examination for	650
reinstatement of a license or certificate that has been suspended	651
or revoked.	652

Sec. 4758.39. An individual seeking an independent chemical	653
dependency counselor-clinical supervisor license shall meet the	654
requirements of division (A) or (B) of this section.	655

(A) To meet the requirements of this division, an individual	656
must meet all of the following requirements:	657

(1) Hold from an accredited educational institution at least	658
a master's degree in either a behavioral science or nursing that	659
meets the course requirements specified in rules adopted under	660
section 4758.20 of the Revised Code;	661

(2) Have not less than six thousand hours of compensated work	662
or supervised internship experience (including at least two	663
thousand hours of clinical supervisory experience as part of the	664
compensated work or supervised internship) in any of the	665
following, not less than one thousand two hundred hours of which	666
are in chemical dependency counseling:	667

(a) Chemical dependency services, substance abuse services,	668
or both types of services;	669

(b) The practice of psychology, as defined in section 4732.01	670
of the Revised Code;	671

(c) The practice of professional counseling, the practice of	672
social work, or the practice of marriage and family therapy, all	673
as defined in section 4757.01 of the Revised Code.	674

(3) Have a minimum of one hundred eighty hours of training in	675
chemical dependency that meets the requirements specified in rules	676
adopted under section 4758.20 of the Revised Code;	677

(4) Unless the individual holds a valid license,	678
registration, certificate, or credentials issued under another	679
chapter of the Revised Code that authorizes the individual to	680
engage in a profession whose scope of practice includes the	681
clinical supervision of chemical dependency counseling, chemical	682
dependency counseling, and diagnosing and treating chemical	683
dependency conditions, pass one or more examinations administered	684
pursuant to section 4758.22 of the Revised Code for the purpose of	685
determining competence to practice as an independent chemical	686
dependency counselor-clinical supervisor.	687

(B) To meet the requirement of this division, an individual	688
must hold, on the effective date of this section, a valid	689
independent chemical dependency counselor license.	690

Sec. 4758.40. An individual seeking an independent chemical	691
dependency counselor license shall meet either of the following	692
requirements:of division (A) or (B) of this section.	693

(A) MeetTo meet the requirements of this division, an	694
individual must meet all of the following requirements:	695

(1) Hold from an accredited educational institution at least	696
a master's degree in a behavioral sciencesscience or nursing that	697
meets the course requirements specified in rules adopted under	698
section 4758.20 of the Revised Code;	699

(2) Have not less than fourtwo thousand hours of compensated	700
work or supervised internship experience in eitherany of the	701
following, not less than eightfour hundred hours of which are in	702
chemical dependency counseling:	703

(a) Chemical dependency services, substance abuse services,	704
or both types of services;	705

(b) The practice of psychology, as defined in section 4732.01	706
of the Revised Code, or the;	707

(c) The practice of professional counseling or, the practice	708
of social work, bothor the practice of marriage and family	709
therapy, all as defined in section 4757.01 of the Revised Code.	710

(3) Have a minimum of twoone hundred seventyeighty hours of	711
training in chemical dependency that meets the requirements	712
specified in rules adopted under section 4758.20 of the Revised	713
Code;	714

(4) PassUnless the individual holds a valid license,	715
registration, certificate, or credentials issued under another	716
chapter of the Revised Code that authorizes the individual to	717
engage in a profession whose scope of practice includes chemical	718
dependency counseling and diagnosing and treating chemical	719
dependency conditions, pass one or more examinations administered	720
pursuant to section 4758.22 of the Revised Code for the purpose of	721
determining competence to practice as an independent chemical	722
dependency counselor.	723

(B) MeetTo meet the requirements of this division, an	724
individual must meet both of the following requirements:	725

(1) Hold, on December 23, 2002, a certificate or credentials	726
that were accepted under former section 3793.07 of the Revised	727
Code as authority to practice as a certified chemical dependency	728
counselor III or certified chemical dependency counselor III-E;	729

(2) Meet one of the following requirements:

730

(a) Hold the degree described in division (A)(1) of this	731
section;	732

(b) Have held a chemical dependency counselor III, II, or I	733
certificate for at least eight consecutive years and have not less	734
than forty clock hours of training on the version of the	735
diagnostic and statistical manual of mental disorders that is	736
current at the time of the training. The training must meet the	737
requirements specified in rules adopted under section 4758.20 of	738
the Revised Code. An individual authorized under Chapter 4731. of	739
the Revised Code to practice medicine and surgery or osteopathic	740
medicine and surgery, a psychologist licensed under Chapter 4732.	741
of the Revised Code, or a professional clinical counselor or	742
independent social worker licensed under Chapter 4757. of the	743
Revised Code may provide any portion of the training. An	744
independent chemical dependency counselor licensed under this	745
chapter who holds the degree described in division (A)(1) of this	746
section may provide the portion of the training on chemical	747
dependency conditions.	748

Sec. 4758.41. An individual seeking a chemical dependency	749
counselor III license shall meet any of the following	750
requirements:of division (A), (B), or (C) of this section.	751

(A) MeetTo meet the requirements of this division, an	752
individual must meet all of the following requirements:	753

(1) Hold from an accredited educational institution at least	754
a bachelor's degree in a behavioral science or nursing that meets	755
the course requirements specified in rules adopted under section	756
4758.20 of the Revised Code;	757

(2) Have not less than fourtwo thousand hours of compensated	758
work or supervised internship experience in eitherany of the	759
following, not less than eightfour hundred work hours of which	760
are in chemical dependency counseling:	761

(a) Chemical dependency services, substance abuse services,	762
or both types of services;	763

(b) The practice of psychology, as defined in section 4732.01	764
of the Revised Code, or the;	765

(c) The practice of professional counseling or, the practice	766
of social work, bothor the practice of marriage and family	767
therapy, all as defined in section 4757.01 of the Revised Code.	768

(3) Have a minimum of twoone hundred seventyeighty hours of	769
training in chemical dependency that meets the requirements	770
specified in rules adopted under section 4758.20 of the Revised	771
Code;	772

(4) PassUnless the individual holds a valid license,	773
registration, certificate, or credentials issued under another	774
chapter of the Revised Code that authorizes the individual to	775
engage in a profession whose scope of practice includes chemical	776
dependency counseling and diagnosing and treating chemical	777
dependency conditions, pass one or more examinations administered	778
pursuant to section 4758.22 of the Revised Code for the purpose of	779
determining competence to practice as a chemical dependency	780
counselor III.	781

(B) MeetTo meet the requirements of this division, an	782
individual must meet both of the following requirements:	783

(1) Hold, on December 23, 2002, a certificate or credentials	784
that were accepted under former section 3793.07 of the Revised	785
Code as authority to practice as a certified chemical dependency	786
counselor III or certified chemical dependency counselor III-E;	787

(2) Have not less than forty clock hours of training on the	788
version of the diagnostic and statistical manual of mental	789
disorders that is current at the time of the training. The	790
training must meet the requirements specified in rules adopted	791
under section 4758.20 of the Revised Code. An individual	792
authorized under Chapter 4731. of the Revised Code to practice	793
medicine and surgery or osteopathic medicine and surgery, a	794
psychologist licensed under Chapter 4732. of the Revised Code, or	795
a professional clinical counselor or independent social worker	796
licensed under Chapter 4757. of the Revised Code may provide any	797
portion of the training. An independent chemical dependency	798
counselor licensed under this chapter who holds the degree	799
described in division (A)(1) of section 4758.40 of the Revised	800
Code may provide the portion of the training on chemical	801
dependency conditions.	802

(C) MeetTo meet the requirements of this division, an	803
individual must meet all of the following requirements:	804

(1) Hold, on December 23, 2002, a certificate or credentials	805
that were accepted under former section 3793.07 of the Revised	806
Code as authority to practice as a certified chemical dependency	807
counselor II;	808

(2) Meet the requirement of division (B)(2) of this section;

809

(3) Hold a bachelor's degree in a behavioral science.

810

Sec. 4758.42. An individual seeking a chemical dependency	811
counselor II license shall meet either of the following	812
requirements:of division (A) or (B) of this section.	813

(A) MeetTo meet the requirements of this division, an	814
individual must meet all of the following requirements:	815

(1) Hold from an accredited educational institution an	816
associate's degree in a behavioral science or nursing or a	817
bachelor's degree in any field;	818

(2)(a) If the individual holds an associate's degree, have	819
Have not less than fivetwo thousand hours of compensated or	820
volunteer work, field placement, intern, or practicumsupervised	821
internship experience in eitherany of the following, not less	822
than one thousandfour hundred hours of which are in chemical	823
dependency counseling:	824

(i)(a) Chemical dependency services, substance abuse	825
services, or both types of services;	826

(ii)(b) The practice of psychology, as defined in section	827
4732.01 of the Revised Code, or the;	828

(c) The practice of professional counseling or, the practice	829
of social work, bothor the practice of marriage and family	830
therapy, all as defined in section 4757.01 of the Revised Code.	831

(b) If the individual holds a bachelor's degree, have not	832
less than six thousand hours of compensated or volunteer work,	833
field placement, intern, or practicum experience in either of the	834
following, not less than one thousand two hundred hours of which	835
are in chemical dependency counseling:	836

(i) Chemical dependency services, substance abuse services,	837
or both types of services;	838

(ii) The practice of psychology, as defined in section	839
4732.01 of the Revised Code, or the practice of professional	840
counseling or the practice of social work, both as defined in	841
section 4757.01 of the Revised Code.	842

(3) Have a minimum of twoone hundred seventyeighty hours of	843
training in chemical dependency that meets the requirements	844
specified in rules adopted under section 4758.20 of the Revised	845
Code;	846

(4) Pass one or more examinations administered pursuant to	847
section 4758.22 of the Revised Code for the purpose of determining	848
competence to practice as a chemical dependency counselor II.	849

(B) HoldTo meet the requirement of this division, an	850
individual must hold, on December 23, 2002, a certificate or	851
credentials that were accepted under former section 3793.07 of the	852
Revised Code as authority to practice as a certified chemical	853
dependency counselor II.	854

Sec. 4758.43. An individual seeking a chemical dependency	855
counselor assistant certificate shall meet either of the following	856
requirements:	857

(A) Have at least forty hours of training in chemical	858
dependency counseling that meets the requirements specified in	859
rules adopted under section 4758.20 of the Revised Code.;	860

(B) Hold, on the effective date of this sectionDecember 23,	861
2002, a certificate or credentials that were accepted under former	862
section 3793.07 of the Revised Code as authority to practice as a	863
registered candidate.	864

Sec. 4758.44. An individual seeking a prevention specialist	865
II certificate shall meet either of the following requirements:of	866
division (A) or (B) of this section.	867

(A) MeetTo meet the requirements of this division, an	868
individual must meet all of the following requirements:	869

(1) Have at least six thousand hours of compensated work	870
experience in which not less than fifty per cent of the	871
individual's time was devoted to planning, coordinatingin alcohol	872
and other drug prevention services, including at least four	873
thousand hours of administering or delivering alcohol and other	874
drug preventionsupervising the services;	875

(2) Have one of the following:

876

(a) A bachelor's degree in a behavioral science and at least	877
six thousand hours of compensated work experience in alcohol and	878
other drug prevention services;	879

(b) A master's or doctoral degree in a behavioral science and	880
at least four thousand hours of compensated work experience in	881
alcohol and other drug prevention services.Hold from an	882
accredited educational institution at least a bachelor's degree in	883
a field of study specified in rules adopted under section 4758.20	884
of the Revised Code;	885

(3) Have at least twoone hundred seventy hours of	886
prevention-related education that meets the requirements specified	887
in rules adopted under section 4758.20 of the Revised Code;	888

(4) Obtain a registered applicant certificate under this	889
chapter and comply with the requirements ofHave at least the	890
number of hours of administrative or supervisory education	891
specified in rules adopted under section 4758.534758.20 of the	892
Revised Code;	893

(5) Pass the examinationone or more examinations	894
administered pursuant to section 4758.22 of the Revised Code for	895
the purpose of determining competence to practice as a prevention	896
specialist II.	897

(B) HoldTo meet the requirement of this division, an	898
individual must hold, on the effective date of this section	899
December 23, 2002, a certificate or credentials that were accepted	900
under former section 3793.07 of the Revised Code as authority to	901
practice as a certified prevention specialist II.	902

Sec. 4758.45. An individual seeking a prevention specialist I	903
certificate shall meet either of the following requirements:of	904
division (A) or (B) of this section.	905

(A) MeetTo meet the requirements of this division, an	906
individual must meet all of the following requirements:	907

(1) Have at least two thousand hours of compensated or	908
volunteer work, field placement, intern, or practicum experience	909
in which not less than twenty per cent of the individual's time	910
was devoted toalcohol and other drug prevention services,	911
including at least four hundred hours of planning or delivering	912
alcohol and other drug preventionthe services;	913

(2) Have one of the following:

914

(a) At least six thousand hours of compensated or volunteer	915
work, field placement, intern, or practicum experience in alcohol	916
and other drug prevention services;	917

(b) An associate's degree in a behavioral science and at	918
least four thousand hours of compensated or volunteer work, field	919
placement, intern, or practicum experience in alcohol and other	920
drug prevention services;	921

(c) A bachelor's, master's, or doctoral degree in a	922
behavioral science and at least two thousand hours of compensated	923
or volunteer work, field placement, intern, or practicum	924
experience in alcohol and other drug prevention services.Hold	925
from an accredited educational institution at least an associate's	926
degree in a field of study specified in rules adopted under	927
section 4758.20 of the Revised Code;	928

(3) Have at least one hundred eighty hours of	929
prevention-related education that meets the requirements specified	930
in rules adopted under section 4758.20 of the Revised Code;	931

(4) Obtain a registered applicant certificate under this	932
chapter and comply with the requirements of section 4758.53 of the	933
Revised Code;	934

(5) Pass the examinationone or more examinations	935
administered pursuant to section 4758.22 of the Revised Code for	936
the purpose of determining competence to practice as a prevention	937
specialist I.	938

(B) HoldTo meet the requirement of this division, an	939
individual must hold, on the effective date of this section	940
December 23, 2002, a certificate or credentials that were accepted	941
under former section 3793.07 of the Revised Code as authority to	942
practice as a certified prevention specialist I.	943

Sec. 4758.46. An individual seeking a prevention specialist	944
assistant certificate shall meet all of the following	945
requirements:	946

(A) Be at least eighteen years of age;

947

(B) Have at least a high school diploma or high school	948
equivalence diploma;	949

(C) Have at least one hundred hours of compensated or	950
volunteer work, field placement, intern, or practicum experience	951
in alcohol and other drug prevention services;	952

(D) Have at least forty-five hours of prevention-related	953
education that meets the requirements specified in rules adopted	954
under section 4758.20 of the Revised Code.	955

Sec. 4758.47. An individual seeking a registered applicant	956
certificate shall meet all of the following requirements:	957

(A) Be at least eighteen years of age;

958

(B) Have at least a high school diploma or high school	959
equivalence diploma;	960

(C) Submit to the chemical dependency professionals board a	961
professional development plan that is acceptable to the board.	962

Sec. 4758.51. (A) Except as provided in division (B)(C) of	963
this section and in accordance with rules adopted under section	964
4758.20 of the Revised Code, each individual who holds a license	965
or certificate issued under this chapter, other than an initial	966
chemical dependency counselor assistant certificate, shall	967
complete during the period that the license or certificate is in	968
effect not less than fortythe following number of clock hours of	969
continuing education as a condition of receiving a renewed license	970
or certificate:	971

(1) In the case of an individual holding a prevention	972
specialist assistant certificate, twenty;	973

(2) In the case of any other individual, forty. To have an	974
expired license or certificate restored,	975

(B) Except as provided in division (C) of this section, an	976
individual whose license or certificate issued under this chapter,	977
other than an initial chemical dependency counselor assistant	978
certificate, has expired shall complete the number of hours of	979
continuing education specified in rules adopted under section	980
4758.20 of the Revised Code as a condition of receiving a restored	981
license or certificate.	982

(B)(C) The chemical dependency professionals board may waive	983
the continuing education requirements established under this	984
section for individuals who are unable to fulfill them because of	985
military service, illness, residence outside the United States, or	986
any other reason the board considers acceptable.	987

Sec. 4758.52. (A) Except as provided in division (C) of this	988
section, each individual who holds an initial chemical dependency	989
counselor assistant certificate shall complete, during the first	990
twelve months that the initial certificate is in effect, at least	991
thirty additional hours of training in chemical dependency	992
counseling that meets the requirements specified in rules adopted	993
under section 4758.20 of the Revised Code as a condition of having	994
the initial certificate renewed.	995

(B) Except as provided in division (C) of this section, an	996
individual whose initial chemical dependency counselor assistant	997
certificate has expired shall complete at least thirty additional	998
hours of training in chemical dependency counseling that meets the	999
requirements specified in rules adopted under section 4758.20 of	1000
the Revised Code as a condition of receiving a restored chemical	1001
dependency counselor assistant certificate.	1002

(C) The chemical dependency professionals board may waive the	1003
additional training requirement established under this section for	1004
individuals who are unable to fulfill the requirement because of	1005
military service, illness, residence outside the United States, or	1006
any other reason the board considers acceptable.	1007

Sec. 4758.54. In addition to practicing chemical dependency	1008
counseling, an individual holding a valid independent chemical	1009
dependency counselor-clinical supervisor license may do all of the	1010
following:	1011

(A) Diagnose and treat chemical dependency conditions;

1012

(B) Perform treatment planning, assessment, crisis	1013
intervention, individual and group counseling, case management,	1014
and education services as they relate to abuse of and dependency	1015
on alcohol and other drugs;	1016

(C) Provide clinical supervision of chemical dependency	1017
counseling;	1018

(D) Refer individuals with nonchemical dependency conditions	1019
to appropriate sources of help.	1020

Sec. 4758.55.  In addition to practicing chemical dependency	1021
counseling, an individual holding a valid independent chemical	1022
dependency counselor license may do all of the following:	1023

(A) Diagnose and treat chemical dependency conditions;

1024

(B) Perform treatment planning, assessment, crisis	1025
intervention, individual and group counseling, case management,	1026
and education services as they relate to abuse of and dependency	1027
on alcohol and other drugs;	1028

(C) Provide clinical supervision of chemical dependency	1029
counseling under the supervision of any of the following:	1030

(1) An independent chemical dependency counselor-clinical	1031
supervisor licensed under this chapter;	1032

(2) An individual authorized under Chapter 4731. of the	1033
Revised Code to practice medicine and surgery or osteopathic	1034
medicine and surgery;	1035

(3) A psychologist licensed under Chapter 4732. of the	1036
Revised Code;	1037

(4) A registered nurse licensed under Chapter 4723. of the	1038
Revised Code or professional clinical counselor, independent	1039
social worker, or independent marriage and family therapist	1040
licensed under Chapter 4757. of the Revised Code if such	1041
supervision is consistent with the scope of practice of the	1042
registered nurse, professional clinical counselor, independent	1043
social worker, or independent marriage and family therapist.	1044

(D) Refer individuals with nonchemical dependency conditions	1045
to appropriate sources of help.	1046

Sec. 4758.56. (A) In addition to practicing chemical	1047
dependency counseling, an individual holding a valid chemical	1048
dependency counselor III license may do all of the following:	1049

(1) Diagnose chemical dependency conditions under the	1050
supervision of any of the following:	1051

(a) An independent chemical dependency counselor licensed	1052
under this chapter;	1053

(b) An individual authorized under Chapter 4731. of the	1054
Revised Code to practice medicine and surgery or osteopathic	1055
medicine and surgery;	1056

(c) A psychologist licensed under Chapter 4732. of the	1057
Revised Code;	1058

(d) A registered nurse licensed under Chapter 4723. of the	1059
Revised Code or professional clinical counselor or independent	1060
social worker licensed under Chapter 4757. of the Revised Code if	1061
such supervision is consistent with the scope of practice of the	1062
registered nurse, professional clinical counselor, or independent	1063
social worker.professionals listed in section 4758.561 of the	1064
Revised Code;	1065

(2) Treat chemical dependency conditions;

1066

(3) Perform treatment planning, assessment, crisis	1067
intervention, individual and group counseling, case management,	1068
and education services as they relate to abuse of and dependency	1069
on alcohol and other drugs;	1070

(4) Provide clinical supervision of chemical dependency	1071
counseling under the supervision of any of the professionals	1072
listed in section 4758.561 of the Revised Code;	1073

(5) Refer individuals with nonchemical dependency conditions	1074
to appropriate sources of help.	1075

(B) A chemical dependency counselor III may not practice as	1076
an individual practitioner.	1077

Sec. 4758.561. Any of the following professionals may	1078
supervise a chemical dependency counselor III for purposes of	1079
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	1080

(A) An independent chemical dependency counselor-clinical	1081
supervisor licensed under this chapter;	1082

(B) An individual authorized under Chapter 4731. of the	1083
Revised Code to practice medicine and surgery or osteopathic	1084
medicine and surgery;	1085

(C) A psychologist licensed under Chapter 4732. of the	1086
Revised Code;	1087

(D) A registered nurse licensed under Chapter 4723. of the	1088
Revised Code or professional clinical counselor, independent	1089
social worker, or independent marriage and family therapist	1090
licensed under Chapter 4757. of the Revised Code if such	1091
supervision is consistent with the scope of practice of the	1092
registered nurse, professional clinical counselor, independent	1093
social worker, or independent marriage and family therapist.	1094

Sec. 4758.59. (A) Subject to division (B) of this section, an	1095
individual holding a valid chemical dependency counselor assistant	1096
certificate may do both of the following in addition to practicing	1097
chemical dependency counseling:	1098

(1) Perform treatment planning, assessment, crisis	1099
intervention, individual and group counseling, case management,	1100
and education services as they relate to abuse of or dependency on	1101
alcohol and other drugs;	1102

(2) Refer individuals with nonchemical dependency conditions	1103
to appropriate sources of help.	1104

(B) An individual holding a valid chemical dependency	1105
counselor assistant certificate may practice chemical dependency	1106
counseling and perform the tasks specified in division (A) of this	1107
section only while under the supervision of any of the following:	1108

(1) An independent chemical dependency counselor-clinical	1109
supervisor, independent chemical dependency counselor, or chemical	1110
dependency counselor III licensed under this chapter;	1111

(2) An individual authorized under Chapter 4731. of the	1112
Revised Code to practice medicine and surgery or osteopathic	1113
medicine and surgery;	1114

(3) A psychologist licensed under Chapter 4732. of the	1115
Revised Code;	1116

(4) A registered nurse licensed under Chapter 4723. of the	1117
Revised Code or professional clinical counselor or, independent	1118
social worker, or independent marriage and family therapist	1119
licensed under Chapter 4757. of the Revised Code if such	1120
supervision is consistent with the scope of practice of the	1121
registered nurse, professional clinical counselor, or independent	1122
social worker, or independent marriage and family therapist.	1123

(C) A chemical dependency counselor assistant may not	1124
practice as an individual practitioner.	1125

Sec. 4758.61. An individual who holds a valid prevention	1126
specialist assistant certificate or registered applicant	1127
certificate issued under this chapter may engage in the practice	1128
of alcohol and other drug prevention services under the	1129
supervision of any of the following:	1130

(A) A prevention specialist II or prevention specialist I	1131
certified under this chapter;	1132

(B) An independent chemical dependency counselor-clinical	1133
supervisor, an independent chemical dependency counselor, or a	1134
chemical dependency counselor III, or a chemical dependency	1135
counselor II licensed under this chapter;	1136

(C) An individual authorized under Chapter 4731. of the	1137
Revised Code to practice medicine and surgery or osteopathic	1138
medicine and surgery;	1139

(D) A psychologist licensed under Chapter 4732. of the	1140
Revised Code;	1141

(E) A registered nurse licensed under Chapter 4723. of the	1142
Revised Code;	1143

(F) A professional clinical counselor, a professional	1144
counselor, an independent social worker, or a social worker, an	1145
independent marriage and family therapist, or a marriage and	1146
family therapist licensed under Chapter 4757. of the Revised Code;	1147

(G) A school counselor licensed by the department of	1148
education pursuant to section 3319.22 of the Revised Code;	1149

(H) A health education specialist certified by the national	1150
commission for health education credentialing.	1151

Sec. 4758.70. Except to the extent of providing services	1152
authorized by this chapter, this chapter does not authorize any	1153
individual to engage in either of the following:	1154

(A) The practice of psychology as defined in section 4732.01	1155
of the Revised Code.	1156

Except to the extent of providing services authorized by this	1157
chapter, this chapter does not authorize any individual to engage	1158
in the;	1159

(B) The practice of professional counseling or, practice of	1160
social work, or practice of marriage and family therapy, as those	1161
terms are defined in section 4757.01 of the Revised Code.	1162

Sec. 5111.20.  As used in sections 5111.20 to 5111.331 of the	1163
Revised Code:	1164

(A) "Allowable costs" are those costs determined by the	1165
department of job and family services to be reasonable and do not	1166
include fines paid under sections 5111.35 to 5111.61 and section	1167
5111.99 of the Revised Code.	1168

(B) "Ancillary and support costs" means all reasonable costs	1169
incurred by a nursing facility other than direct care costs, tax	1170
costs, or capital costs. "Ancillary and support costs" includes,	1171
but is not limited to, costs of activities, social services,	1172
pharmacy consultants, habilitation supervisors, qualified mental	1173
retardation professionals, program directors, medical and	1174
habilitation records, program supplies, incontinence supplies,	1175
food, enterals, dietary supplies and personnel, laundry,	1176
housekeeping, security, administration, medical equipment,	1177
utilities, liability insurance, bookkeeping, purchasing	1178
department, human resources, communications, travel, dues, license	1179
fees, subscriptions, home office costs not otherwise allocated,	1180
legal services, accounting services, minor equipment, maintenance	1181
and repairs, help-wanted advertising, informational advertising,	1182
start-up costs, organizational expenses, other interest, property	1183
insurance, employee training and staff development, employee	1184
benefits, payroll taxes, and workers' compensation premiums or	1185
costs for self-insurance claims and related costs as specified in	1186
rules adopted by the director of job and family services under	1187
section 5111.02 of the Revised Code, for personnel listed in this	1188
division. "Ancillary and support costs" also means the cost of	1189
equipment, including vehicles, acquired by operating lease	1190
executed before December 1, 1992, if the costs are reported as	1191
administrative and general costs on the facility's cost report for	1192
the cost reporting period ending December 31, 1992.	1193

(C) "Capital costs" means costs of ownership and, in the case	1194
of an intermediate care facility for the mentally retarded, costs	1195
of nonextensive renovation.	1196

(1) "Cost of ownership" means the actual expense incurred for	1197
all of the following:	1198

(a) Depreciation and interest on any capital assets that cost	1199
five hundred dollars or more per item, including the following:	1200

(i) Buildings;

1201

(ii) Building improvements that are not approved as	1202
nonextensive renovations under section 5111.251 of the Revised	1203
Code;	1204

(iii) Except as provided in division (B) of this section,	1205
equipment;	1206

(iv) In the case of an intermediate care facility for the	1207
mentally retarded, extensive renovations;	1208

(v) Transportation equipment.

1209

(b) Amortization and interest on land improvements and	1210
leasehold improvements;	1211

(c) Amortization of financing costs;

1212

(d) Except as provided in division (K) of this section, lease	1213
and rent of land, building, and equipment.	1214

The costs of capital assets of less than five hundred dollars	1215
per item may be considered capital costs in accordance with a	1216
provider's practice.	1217

(2) "Costs of nonextensive renovation" means the actual	1218
expense incurred by an intermediate care facility for the mentally	1219
retarded for depreciation or amortization and interest on	1220
renovations that are not extensive renovations.	1221

(D) "Capital lease" and "operating lease" shall be construed	1222
in accordance with generally accepted accounting principles.	1223

(E) "Case-mix score" means the measure determined under	1224
section 5111.232 of the Revised Code of the relative direct-care	1225
resources needed to provide care and habilitation to a resident of	1226
a nursing facility or intermediate care facility for the mentally	1227
retarded.	1228

(F)(1) "Date of licensure," for a facility originally	1229
licensed as a nursing home under Chapter 3721. of the Revised	1230
Code, means the date specific beds were originally licensed as	1231
nursing home beds under that chapter, regardless of whether they	1232
were subsequently licensed as residential facility beds under	1233
section 5123.19 of the Revised Code. For a facility originally	1234
licensed as a residential facility under section 5123.19 of the	1235
Revised Code, "date of licensure" means the date specific beds	1236
were originally licensed as residential facility beds under that	1237
section.	1238

If nursing home beds licensed under Chapter 3721. of the	1239
Revised Code or residential facility beds licensed under section	1240
5123.19 of the Revised Code were not required by law to be	1241
licensed when they were originally used to provide nursing home or	1242
residential facility services, "date of licensure" means the date	1243
the beds first were used to provide nursing home or residential	1244
facility services, regardless of the date the present provider	1245
obtained licensure.	1246

If a facility adds nursing home beds or residential facility	1247
beds or extensively renovates all or part of the facility after	1248
its original date of licensure, it will have a different date of	1249
licensure for the additional beds or extensively renovated portion	1250
of the facility, unless the beds are added in a space that was	1251
constructed at the same time as the previously licensed beds but	1252
was not licensed under Chapter 3721. or section 5123.19 of the	1253
Revised Code at that time.	1254

(2) The definition of "date of licensure" in this section	1255
applies in determinations of the medicaid reimbursement rate for a	1256
nursing facility or intermediate care facility for the mentally	1257
retarded but does not apply in determinations of the franchise	1258
permit fee for a nursing facility or intermediate care facility	1259
for the mentally retarded.	1260

(G) "Desk-reviewed" means that costs as reported on a cost	1261
report submitted under section 5111.26 of the Revised Code have	1262
been subjected to a desk review under division (A) of section	1263
5111.27 of the Revised Code and preliminarily determined to be	1264
allowable costs.	1265

(H) "Direct care costs" means all of the following:

1266

(1)(a) Costs for registered nurses, licensed practical	1267
nurses, and nurse aides employed by the facility;	1268

(b) Costs for direct care staff, administrative nursing	1269
staff, medical directors, respiratory therapists, and except as	1270
provided in division (H)(2) of this section, other persons holding	1271
degrees qualifying them to provide therapy;	1272

(c) Costs of purchased nursing services;

1273

(d) Costs of quality assurance;

1274

(e) Costs of training and staff development, employee	1275
benefits, payroll taxes, and workers' compensation premiums or	1276
costs for self-insurance claims and related costs as specified in	1277
rules adopted by the director of job and family services in	1278
accordance with Chapter 119. of the Revised Code, for personnel	1279
listed in divisions (H)(1)(a), (b), and (d) of this section;	1280

(f) Costs of consulting and management fees related to direct	1281
care;	1282

(g) Allocated direct care home office costs.

1283

(2) In addition to the costs specified in division (H)(1) of	1284
this section, for nursing facilities only, direct care costs	1285
include costs of habilitation staff (other than habilitation	1286
supervisors), medical supplies, oxygen, over-the-counter pharmacy	1287
products, behavioral and mental health services, physical	1288
therapists, physical therapy assistants, occupational therapists,	1289
occupational therapy assistants, speech therapists, audiologists,	1290
habilitation supplies, wheelchairs, resident transportation, and	1291
universal precautions supplies.	1292

(3) In addition to the costs specified in division (H)(1) of	1293
this section, for intermediate care facilities for the mentally	1294
retarded only, direct care costs include both of the following:	1295

(a) Costs for physical therapists and physical therapy	1296
assistants, occupational therapists and occupational therapy	1297
assistants, speech therapists, audiologists, habilitation staff	1298
(including habilitation supervisors), qualified mental retardation	1299
professionals, program directors, social services staff,	1300
activities staff, off-site day programming, psychologists and	1301
psychology assistants, and social workers and counselors;	1302

(b) Costs of training and staff development, employee	1303
benefits, payroll taxes, and workers' compensation premiums or	1304
costs for self-insurance claims and related costs as specified in	1305
rules adopted under section 5111.02 of the Revised Code, for	1306
personnel listed in division (H)(3)(a) of this section.	1307

(4) Costs of other direct-care resources that are specified	1308
as direct care costs in rules adopted under section 5111.02 of the	1309
Revised Code.	1310

(I) "Fiscal year" means the fiscal year of this state, as	1311
specified in section 9.34 of the Revised Code.	1312

(J) "Franchise permit fee" means the following:

1313

(1) In the context of nursing facilities, the fee imposed by	1314
sections 3721.50 to 3721.58 of the Revised Code;	1315

(2) In the context of intermediate care facilities for the	1316
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	1317
of the Revised Code.	1318

(K) "Indirect care costs" means all reasonable costs incurred	1319
by an intermediate care facility for the mentally retarded other	1320
than direct care costs, other protected costs, or capital costs.	1321
"Indirect care costs" includes but is not limited to costs of	1322
habilitation supplies, pharmacy consultants, medical and	1323
habilitation records, program supplies, incontinence supplies,	1324
food, enterals, dietary supplies and personnel, laundry,	1325
housekeeping, security, administration, liability insurance,	1326
bookkeeping, purchasing department, human resources,	1327
communications, travel, dues, license fees, subscriptions, home	1328
office costs not otherwise allocated, legal services, accounting	1329
services, minor equipment, maintenance and repairs, help-wanted	1330
advertising, informational advertising, start-up costs,	1331
organizational expenses, other interest, property insurance,	1332
employee training and staff development, employee benefits,	1333
payroll taxes, and workers' compensation premiums or costs for	1334
self-insurance claims and related costs as specified in rules	1335
adopted under section 5111.02 of the Revised Code, for personnel	1336
listed in this division. Notwithstanding division (C)(1) of this	1337
section, "indirect care costs" also means the cost of equipment,	1338
including vehicles, acquired by operating lease executed before	1339
December 1, 1992, if the costs are reported as administrative and	1340
general costs on the facility's cost report for the cost reporting	1341
period ending December 31, 1992.	1342

(L) "Inpatient days" means the following:

1343

(1) In the context of a nursing facility, both of the	1344
following:	1345

(a) All days during which a resident, regardless of payment	1346
source, occupies a bed in a nursing facility that is included in	1347
the nursing facility's certified capacity under Title XIX;	1348

(b) Fifty per cent of the days for which payment is made	1349
under section 5111.331 of the Revised Code.	1350

(2) In the context of an intermediate care facility for the	1351
mentally retarded, both of the following:	1352

(a) All days during which a resident, regardless of payment	1353
source, occupies a bed in an intermediate care facility for the	1354
mentally retarded that is included in the facility's certified	1355
capacity under Title XIX;	1356

(b) All days for which payment is made under section 5111.33	1357
of the Revised Code.	1358

(M) "Intermediate care facility for the mentally retarded"	1359
means an intermediate care facility for the mentally retarded	1360
certified as in compliance with applicable standards for the	1361
medicaid program by the director of health in accordance with	1362
Title XIX.	1363

(N) "Maintenance and repair expenses" means, except as	1364
provided in division (BB)(2) of this section, expenditures that	1365
are necessary and proper to maintain an asset in a normally	1366
efficient working condition and that do not extend the useful life	1367
of the asset two years or more. "Maintenance and repair expenses"	1368
includes but is not limited to the cost of ordinary repairs such	1369
as painting and wallpapering.	1370

(O) "Medicaid days" means the following:

1371

(1) In the context of a nursing facility, both of the	1372
following:	1373

(a) All days during which a resident who is a medicaid	1374
recipient eligible for nursing facility services occupies a bed in	1375
a nursing facility that is included in the nursing facility's	1376
certified capacity under Title XIX;	1377

(b) Fifty per cent of the days for which payment is made	1378
under section 5111.331 of the Revised Code.	1379

(2) In the context of an intermediate care facility for the	1380
mentally retarded, both of the following:	1381

(a) All days during which a resident who is a medicaid	1382
recipient eligible for intermediate care facility for the mentally	1383
retarded services occupies a bed in an intermediate care facility	1384
for the mentally retarded that is included in the facility's	1385
certified capacity under Title XIX;	1386

(b) All days for which payment is made under section 5111.33	1387
of the Revised Code.	1388

(P) "Nursing facility" means a facility, or a distinct part	1389
of a facility, that is certified as a nursing facility by the	1390
director of health in accordance with Title XIX and is not an	1391
intermediate care facility for the mentally retarded. "Nursing	1392
facility" includes a facility, or a distinct part of a facility,	1393
that is certified as a nursing facility by the director of health	1394
in accordance with Title XIX and is certified as a skilled nursing	1395
facility by the director in accordance with Title XVIII.	1396

(Q) "Operator" means the person or government entity	1397
responsible for the daily operating and management decisions for a	1398
nursing facility or intermediate care facility for the mentally	1399
retarded.	1400

(R) "Other protected costs" means costs incurred by an	1401
intermediate care facility for the mentally retarded for medical	1402
supplies; real estate, franchise, and property taxes; natural gas,	1403
fuel oil, water, electricity, sewage, and refuse and hazardous	1404
medical waste collection; allocated other protected home office	1405
costs; and any additional costs defined as other protected costs	1406
in rules adopted under section 5111.02 of the Revised Code.	1407

(S)(1) "Owner" means any person or government entity that has	1408
at least five per cent ownership or interest, either directly,	1409
indirectly, or in any combination, in any of the following	1410
regarding a nursing facility or intermediate care facility for the	1411
mentally retarded:	1412

(a) The land on which the facility is located;

1413

(b) The structure in which the facility is located;

1414

(c) Any mortgage, contract for deed, or other obligation	1415
secured in whole or in part by the land or structure on or in	1416
which the facility is located;	1417

(d) Any lease or sublease of the land or structure on or in	1418
which the facility is located.	1419

(2) "Owner" does not mean a holder of a debenture or bond	1420
related to the nursing facility or intermediate care facility for	1421
the mentally retarded and purchased at public issue or a regulated	1422
lender that has made a loan related to the facility unless the	1423
holder or lender operates the facility directly or through a	1424
subsidiary.	1425

(T) "Patient" includes "resident."

1426

(U) Except as provided in divisions (U)(1) and (2) of this	1427
section, "per diem" means a nursing facility's or intermediate	1428
care facility for the mentally retarded's actual, allowable costs	1429
in a given cost center in a cost reporting period, divided by the	1430
facility's inpatient days for that cost reporting period.	1431

(1) When calculating indirect care costs for the purpose of	1432
establishing rates under section 5111.241 of the Revised Code,	1433
"per diem" means an intermediate care facility for the mentally	1434
retarded's actual, allowable indirect care costs in a cost	1435
reporting period divided by the greater of the facility's	1436
inpatient days for that period or the number of inpatient days the	1437
facility would have had during that period if its occupancy rate	1438
had been eighty-five per cent.	1439

(2) When calculating capital costs for the purpose of	1440
establishing rates under section 5111.251 of the Revised Code,	1441
"per diem" means a facility's actual, allowable capital costs in a	1442
cost reporting period divided by the greater of the facility's	1443
inpatient days for that period or the number of inpatient days the	1444
facility would have had during that period if its occupancy rate	1445
had been ninety-five per cent.	1446

(V) "Provider" means an operator with a provider agreement.

1447

(W) "Provider agreement" means a contract between the	1448
department of job and family services and the operator of a	1449
nursing facility or intermediate care facility for the mentally	1450
retarded for the provision of nursing facility services or	1451
intermediate care facility services for the mentally retarded	1452
under the medicaid program.	1453

(X) "Purchased nursing services" means services that are	1454
provided in a nursing facility by registered nurses, licensed	1455
practical nurses, or nurse aides who are not employees of the	1456
facility.	1457

(Y) "Reasonable" means that a cost is an actual cost that is	1458
appropriate and helpful to develop and maintain the operation of	1459
patient care facilities and activities, including normal standby	1460
costs, and that does not exceed what a prudent buyer pays for a	1461
given item or services. Reasonable costs may vary from provider to	1462
provider and from time to time for the same provider.	1463

(Z) "Related party" means an individual or organization that,	1464
to a significant extent, has common ownership with, is associated	1465
or affiliated with, has control of, or is controlled by, the	1466
provider.	1467

(1) An individual who is a relative of an owner is a related	1468
party.	1469

(2) Common ownership exists when an individual or individuals	1470
possess significant ownership or equity in both the provider and	1471
the other organization. Significant ownership or equity exists	1472
when an individual or individuals possess five per cent ownership	1473
or equity in both the provider and a supplier. Significant	1474
ownership or equity is presumed to exist when an individual or	1475
individuals possess ten per cent ownership or equity in both the	1476
provider and another organization from which the provider	1477
purchases or leases real property.	1478

(3) Control exists when an individual or organization has the	1479
power, directly or indirectly, to significantly influence or	1480
direct the actions or policies of an organization.	1481

(4) An individual or organization that supplies goods or	1482
services to a provider shall not be considered a related party if	1483
all of the following conditions are met:	1484

(a) The supplier is a separate bona fide organization.

1485

(b) A substantial part of the supplier's business activity of	1486
the type carried on with the provider is transacted with others	1487
than the provider and there is an open, competitive market for the	1488
types of goods or services the supplier furnishes.	1489

(c) The types of goods or services are commonly obtained by	1490
other nursing facilities or intermediate care facilities for the	1491
mentally retarded from outside organizations and are not a basic	1492
element of patient care ordinarily furnished directly to patients	1493
by the facilities.	1494

(d) The charge to the provider is in line with the charge for	1495
the goods or services in the open market and no more than the	1496
charge made under comparable circumstances to others by the	1497
supplier.	1498

(AA) "Relative of owner" means an individual who is related	1499
to an owner of a nursing facility or intermediate care facility	1500
for the mentally retarded by one of the following relationships:	1501

(1) Spouse;

1502

(2) Natural parent, child, or sibling;

1503

(3) Adopted parent, child, or sibling;

1504

(4) Stepparent, stepchild, stepbrother, or stepsister;

1505

(5) Father-in-law, mother-in-law, son-in-law,	1506
daughter-in-law, brother-in-law, or sister-in-law;	1507

(6) Grandparent or grandchild;

1508

(7) Foster caregiver, foster child, foster brother, or foster	1509
sister.	1510

(BB) "Renovation" and "extensive renovation" mean:

1511

(1) Any betterment, improvement, or restoration of an	1512
intermediate care facility for the mentally retarded started	1513
before July 1, 1993, that meets the definition of a renovation or	1514
extensive renovation established in rules adopted by the director	1515
of job and family services in effect on December 22, 1992.	1516

(2) In the case of betterments, improvements, and	1517
restorations of intermediate care facilities for the mentally	1518
retarded started on or after July 1, 1993:	1519

(a) "Renovation" means the betterment, improvement, or	1520
restoration of an intermediate care facility for the mentally	1521
retarded beyond its current functional capacity through a	1522
structural change that costs at least five hundred dollars per	1523
bed. A renovation may include betterment, improvement,	1524
restoration, or replacement of assets that are affixed to the	1525
building and have a useful life of at least five years. A	1526
renovation may include costs that otherwise would be considered	1527
maintenance and repair expenses if they are an integral part of	1528
the structural change that makes up the renovation project.	1529
"Renovation" does not mean construction of additional space for	1530
beds that will be added to a facility's licensed or certified	1531
capacity.	1532

(b) "Extensive renovation" means a renovation that costs more	1533
than sixty-five per cent and no more than eighty-five per cent of	1534
the cost of constructing a new bed and that extends the useful	1535
life of the assets for at least ten years.	1536

For the purposes of division (BB)(2) of this section, the	1537
cost of constructing a new bed shall be considered to be forty	1538
thousand dollars, adjusted for the estimated rate of inflation	1539
from January 1, 1993, to the end of the calendar year during which	1540
the renovation is completed, using the consumer price index for	1541
shelter costs for all urban consumers for the north central	1542
region, as published by the United States bureau of labor	1543
statistics.	1544

The department of job and family services may treat a	1545
renovation that costs more than eighty-five per cent of the cost	1546
of constructing new beds as an extensive renovation if the	1547
department determines that the renovation is more prudent than	1548
construction of new beds.	1549

(CC) "Tax costs" means the costs of taxes imposed under	1550
Chapter 5751. of the Revised Code, real estate taxes, personal	1551
property taxes, and corporate franchise taxes.	1552

(DD) "Title XIX" means Title XIX of the "Social Security	1553
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	1554

(EE) "Title XVIII" means Title XVIII of the "Social Security	1555
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	1556

Section 2. That existing sections 4757.41, 4758.01, 4758.02,	1557
4758.10, 4758.20, 4758.21, 4758.22, 4758.23, 4758.24, 4758.26,	1558
4758.27, 4758.30, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	1559
4758.45, 4758.51, 4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and	1560
5111.20 and sections 3793.07, 4758.04, 4758.53, and 4758.58 of the	1561
Revised Code are hereby repealed.	1562