Enact the Reproductive Care Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 128

2025-2026

Representatives Tims, Somani

Cosponsors: Representatives Upchurch,
Denson, Grim, Baker, Brownlee, Rader, Jarrells, Sweeney

A
BILL

To
amend sections 109.572, 2305.11, 2317.02, 2919.10, 2919.12, 2953.25,
3701.341, 3701.792, 3702.30, 4112.01, 4112.02, 4729.291, 4731.22,
4731.223, 4731.281, 4731.293, and 4743.09; to enact sections
2305.2312, 3732.01, 3732.02, 3732.03, 3732.04, 3732.05, 3732.06,
3732.07, 3732.08, 3732.09, and 3732.11; and to repeal sections
2307.54, 2317.56, 2317.561, 2919.101, 2919.124, 2919.171, 2919.19,
2919.191, 2919.192, 2919.193, 2919.194, 2919.195, 2919.196, 2919.197,
2919.198, 2919.199, 2919.1910, 2919.1912, 2919.1913, 2919.20,
2919.201, 2919.202, 2919.203, 2919.204, 2919.205, 3701.79, 3701.791,
3702.302, 3702.303, 3702.304, 3702.305, 3702.306, 3702.307, 3702.308,
3702.309, 3702.3010, 3702.3011, 3726.01, 3726.02, 3726.03, 3726.04,
3726.041, 3726.042, 3726.05, 3726.09, 3726.10, 3726.11, 3726.12,
3726.13, 3726.14, 3726.15, 3726.16, 3726.95, 3726.99, 3727.60,
4717.271, 5101.57, and 5103.11 of the Revised Code
to
enact the Reproductive Care Act regarding abortion, abortion-related
laws, and reproductive health protections.

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

Section
1.
That
sections 109.572, 2305.11, 2317.02, 2919.10, 2919.12, 2953.25,
3701.341, 3701.792, 3702.30, 4112.01, 4112.02, 4729.291, 4731.22,
4731.223, 4731.281, 4731.293, and 4743.09 be amended and sections
2305.2312, 3732.01, 3732.02, 3732.03, 3732.04, 3732.05, 3732.06,
3732.07, 3732.08, 3732.09, and 3732.11 of the Revised Code be enacted
to read as follows:

Sec.
109.572.
(A)(1)
Upon receipt of a request pursuant to section 121.08, 3301.32,
3301.541, or 3319.39 of the Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(1)(a) of this section;

(c)
If the request is made pursuant to section 3319.39 of the Revised
Code for an applicant who is a teacher, any offense specified under
section 9.79 of the Revised Code or in section 3319.31 of the Revised
Code.

(2)
On receipt of a request pursuant to section 3712.09 or 3721.121 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for employment in a position for which a
criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,
2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code;

(b)
An existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses
listed in division (A)(2)(a) of this section.

(3)
On receipt of a request pursuant to section 173.27, 173.38, 173.381,
3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169
of the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check of the person
for whom the request is made. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or (except
in the case of a request pursuant to section 5164.34, 5164.341, or
5164.342 of the Revised Code) has been found eligible for
intervention in lieu of conviction for any of the following,
regardless of the date of the conviction, the date of entry of the
guilty plea, or (except in the case of a request pursuant to section
5164.34, 5164.341, or 5164.342 of the Revised Code) the date the
person was found eligible for intervention in lieu of conviction:

(a)
A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02,
2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31,
2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,
2919.124,

2919.22,
2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13,
2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36,
2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162,
2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of
the Revised Code;

(b)
Felonious sexual penetration in violation of former section 2907.12
of the Revised Code;

(c)
A violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996;

(d)
A violation of section 2923.01, 2923.02, or 2923.03 of the Revised
Code when the underlying offense that is the object of the
conspiracy, attempt, or complicity is one of the offenses listed in
divisions (A)(3)(a) to (c) of this section;

(e)
A violation of an existing or former municipal ordinance or law of
this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in divisions
(A)(3)(a) to (d) of this section.

(4)
On receipt of a request pursuant to section 2151.86 or 2151.904 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

(a)
A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13,
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34,
2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17,
2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36,
2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 of the Revised Code that would
have been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed prior
to that date, a violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense, two or more OVI or OVUAC
violations committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code, or a violation of Chapter 2919.
of the Revised Code that is a felony;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(4)(a) of this section.

(5)
Upon receipt of a request pursuant to section 5104.013 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request has been
convicted of or pleaded guilty to any of the following:

(a)
A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225,
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34,
2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of section
2925.11 of the Revised Code that is not a minor drug possession
offense, a violation of section 2923.02 or 2923.03 of the Revised
Code that relates to a crime specified in this division, or a second
violation of section 4511.19 of the Revised Code within five years of
the date of application for licensure or certification.

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (A)(5)(a) of this
section.

(6)
Upon receipt of a request pursuant to section 5153.111 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual penetration
in violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, or a violation of section 2925.11 of
the Revised Code that is not a minor drug possession offense;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(6)(a) of this section.

(7)
On receipt of a request for a criminal records check from an
individual pursuant to section 4749.03 or 4749.06 of the Revised
Code, accompanied by a completed copy of the form prescribed in
division (C)(1) of this section and a set of fingerprint impressions
obtained in a manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists indicating that the person who is the subject of
the request has been convicted of or pleaded guilty to any criminal
offense in this state or in any other state. If the individual
indicates that a firearm will be carried in the course of business,
the superintendent shall require information from the federal bureau
of investigation as described in division (B)(2) of this section.
Subject to division (F) of this section, the superintendent shall
report the findings of the criminal records check and any information
the federal bureau of investigation provides to the director of
public safety.

(8)
On receipt of a request pursuant to section 1321.37, 1321.53, or
4763.05 of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for a license, permit, or certification
from the department of commerce or a division in the department. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any criminal offense in this state, any other state, or the United
States.

(9)
On receipt of a request for a criminal records check from the
treasurer of state under section 113.041 of the Revised Code or from
an individual under section 928.03, 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20,
4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021,
4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1) of
this section and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request has been convicted of or pleaded guilty to any
criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a check
requested under any of the other listed sections to the licensing
board specified by the individual in the request.

(10)
On receipt of a request pursuant to section 124.74, 718.131, 1121.23,
1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any criminal offense under any
existing or former law of this state, any other state, or the United
States.

(11)
On receipt of a request for a criminal records check from an
appointing or licensing authority under section 3772.07 of the
Revised Code, a completed form prescribed under division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner prescribed in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any offense under any existing or former law of this
state, any other state, or the United States that makes the person
ineligible for appointment or retention under section 3772.07 of the
Revised Code or that is a disqualifying offense as defined in that
section or substantially equivalent to a disqualifying offense, as
applicable.

(12)
On receipt of a request pursuant to section 2151.33 or 2151.412 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person for whom a criminal records check is required under that
section. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is
the subject of the request previously has been convicted of or
pleaded guilty to any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,
2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code;

(b)
An existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses
listed in division (A)(12)(a) of this section.

(13)
On receipt of a request pursuant to section 3796.12 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under section 9.79 and division
(B)(2)(b) of section 3796.03 of the Revised Code if the person who is
the subject of the request is an administrator or other person
responsible for the daily operation of, or an owner or prospective
owner, officer or prospective officer, or board member or prospective
board member of, an entity seeking a license from the department of
commerce under Chapter 3796. of the Revised Code.

(14)
On receipt of a request required by section 3796.13 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under division (B)(14)(a) of
section 3796.03 of the Revised Code if the person who is the subject
of the request is seeking employment with an entity licensed by the
department of commerce under Chapter 3796. of the Revised Code.

(15)
On receipt of a request pursuant to section 4768.06 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of or pleaded guilty to any criminal offense in this state or in any
other state.

(16)
On receipt of a request pursuant to division (B) of section 4764.07
or division (A) of section 4735.143 of the Revised Code, a completed
form prescribed under division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists indicating that the person
who is the subject of the request has been convicted of or pleaded
guilty to any criminal offense in any state or the United States.

(17)
On receipt of a request for a criminal records check under section
147.022 of the Revised Code, a completed form prescribed under
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any criminal offense under any existing or former law
of this state, any other state, or the United States.

(18)
Upon receipt of a request pursuant to division (F) of section
2915.081 or division (E) of section 2915.082 of the Revised Code, a
completed form prescribed under division (C)(1) of this section, and
a set of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this section
to determine whether any information exists indicating that the
person who is the subject of the request has been convicted of or
pleaded guilty or no contest to any offense that is a violation of
Chapter 2915. of the Revised Code or to any offense under any
existing or former law of this state, any other state, or the United
States that is substantially equivalent to such an offense.

(19)
On receipt of a request pursuant to section 3775.03 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section and shall request information from the federal bureau of
investigation to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of any offense under any existing or former law of this state, any
other state, or the United States that is a disqualifying offense as
defined in section 3772.07 of the Revised Code.

(B)
Subject to division (F) of this section, the superintendent shall
conduct any criminal records check to be conducted under this section
as follows:

(1)
The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division (A) of
section 109.57 of the Revised Code that relates to the person who is
the subject of the criminal records check, including, if the criminal
records check was requested under section 113.041, 121.08, 124.74,
173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37,
1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13,
4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05,
4764.07, 4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081,
5123.169, or 5153.111 of the Revised Code, any relevant information
contained in records that have been sealed under section 2953.32 of
the Revised Code;

(2)
If the request received by the superintendent asks for information
from the federal bureau of investigation, the superintendent shall
request from the federal bureau of investigation any information it
has with respect to the person who is the subject of the criminal
records check, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 if the request is
made pursuant to section 2151.86 or 5104.013 of the Revised Code or
if any other Revised Code section requires fingerprint-based checks
of that nature, and shall review or cause to be reviewed any
information the superintendent receives from that bureau. If a
request under section 3319.39 of the Revised Code asks only for
information from the federal bureau of investigation, the
superintendent shall not conduct the review prescribed by division
(B)(1) of this section.

(3)
The superintendent or the superintendent's designee may request
criminal history records from other states or the federal government
pursuant to the national crime prevention and privacy compact set
forth in section 109.571 of the Revised Code.

(4)
The superintendent shall include in the results of the criminal
records check a list or description of the offenses listed or
described in the relevant provision of division (A) of this section.
The superintendent shall exclude from the results any information the
dissemination of which is prohibited by federal law.

(5)
The superintendent shall send the results of the criminal records
check to the person to whom it is to be sent not later than the
following number of days after the date the superintendent receives
the request for the criminal records check, the completed form
prescribed under division (C)(1) of this section, and the set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section:

(a)
If the superintendent is required by division (A) of this section
(other than division (A)(3) of this section) to conduct the criminal
records check, thirty;

(b)
If the superintendent is required by division (A)(3) of this section
to conduct the criminal records check, sixty.

(C)(1)
The superintendent shall prescribe a form to obtain the information
necessary to conduct a criminal records check from any person for
whom a criminal records check is to be conducted under this section.
The form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both
tangible and electronic formats.

(2)
The superintendent shall prescribe standard impression sheets to
obtain the fingerprint impressions of any person for whom a criminal
records check is to be conducted under this section. Any person for
whom a records check is to be conducted under this section shall
obtain the fingerprint impressions at a county sheriff's office,
municipal police department, or any other entity with the ability to
make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or entity
may charge the person a reasonable fee for making the impressions.
The standard impression sheets the superintendent prescribes pursuant
to this division may be in a tangible format, in an electronic
format, or in both tangible and electronic formats.

(3)
Subject to division (D) of this section, the superintendent shall
prescribe and charge a reasonable fee for providing a criminal
records check under this section. The person requesting the criminal
records check shall pay the fee prescribed pursuant to this division.
In the case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the
Revised Code, the fee shall be paid in the manner specified in that
section.

(4)
The superintendent of the bureau of criminal identification and
investigation may prescribe methods of forwarding fingerprint
impressions and information necessary to conduct a criminal records
check, which methods shall include, but not be limited to, an
electronic method.

(D)
The results of a criminal records check conducted under this section,
other than a criminal records check specified in division (A)(7) of
this section, are valid for the person who is the subject of the
criminal records check for a period of one year from the date upon
which the superintendent completes the criminal records check. If
during that period the superintendent receives another request for a
criminal records check to be conducted under this section for that
person, the superintendent shall provide the results from the
previous criminal records check of the person at a lower fee than the
fee prescribed for the initial criminal records check.

(E)
When the superintendent receives a request for information from a
registered private provider, the superintendent shall proceed as if
the request was received from a school district board of education
under section 3319.39 of the Revised Code. The superintendent shall
apply division (A)(1)(c) of this section to any such request for an
applicant who is a teacher.

(F)(1)
Subject to division (F)(2) of this section, all information regarding
the results of a criminal records check conducted under this section
that the superintendent reports or sends under division (A)(7) or (9)
of this section to the director of public safety, the treasurer of
state, or the person, board, or entity that made the request for the
criminal records check shall relate to the conviction of the subject
person, or the subject person's plea of guilty to, a criminal
offense.

(2)
Division (F)(1) of this section does not limit, restrict, or preclude
the superintendent's release of information that relates to the
arrest of a person who is eighteen years of age or older, to an
adjudication of a child as a delinquent child, or to a criminal
conviction of a person under eighteen years of age in circumstances
in which a release of that nature is authorized under division
(E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to
a rule adopted under division (E)(1) of that section.

(G)
As used in this section:

(1)
"Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B) of
this section.

(2)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(3)
"OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or former
law of this state, any other state, or the United States that is
substantially equivalent to section 4511.19 of the Revised Code.

(4)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

Sec.
2305.11.
(A)
An action for libel, slander, malicious prosecution, or false
imprisonment, an action for malpractice other than an action upon a
medical, dental, optometric, or chiropractic claim, an action for
legal malpractice against an attorney or a law firm or legal
professional association, or an action upon a statute for a penalty
or forfeiture shall be commenced within one year after the cause of
action accrued, provided that an action by an employee for the
payment of unpaid minimum wages, unpaid overtime compensation, or
liquidated damages by reason of the nonpayment of minimum wages or
overtime compensation shall be commenced within two years after the
cause of action accrued.

(B)
A civil action for unlawful abortion pursuant to section 2919.12 of
the Revised Code
,
a civil action authorized by division (H) of section 2317.56 of the
Revised Code,

and

a
civil action pursuant to division (B) of section 2307.52 of the
Revised Code for terminating or attempting to terminate a human
pregnancy after viability in violation of division (A) of section
2919.17 of the Revised Code
,
and a civil action for terminating or attempting to terminate a human
pregnancy of a pain-capable unborn child in violation of division (E)
of section 2919.201 of the Revised Code

shall be commenced within one year after the performance or
inducement of the abortion or within one year after the attempt to
perform or induce the abortion in violation of division (A) of
section 2919.17 of the Revised Code

or division (E) of section 2919.201 of the Revised Code
.

(C)
As used in this section, "medical claim," "dental
claim," "optometric claim," and "chiropractic
claim" have the same meanings as in section 2305.113 of the
Revised Code.

Sec.
2305.2312.
As
used in this section, "reproductive health care" and
"reproductive health care helper" have the same meanings as
in section 3732.07 of the Revised Code.

Except
as provided in sections 2307.52, 2307.53, 2307.54, 2919.12, 2919.121,
2919.123, 2919.13, 2919.14, 2919.15, 2919.151, 2919.16, and 2919.17
of the Revised Code, a health care provider providing reproductive
health care, a health care facility where reproductive health care is
provided, an individual seeking or accessing reproductive health
care, or a reproductive health care helper is not liable for or
subject to any of the following for injury, death, or loss to person
or property that allegedly arises from any act or omission associated
with providing reproductive health care: damages in a civil action,
prosecution in a criminal proceeding, or professional disciplinary
action. This section does not apply if the act or omission
constitutes willful or wanton misconduct or reckless disregard for
the consequences so as to affect the life or health of the patient.

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

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

The
testimonial privilege established under this division does not apply
concerning either of the following:

(a)
A communication between a client in a capital case, as defined in
section 2901.02 of the Revised Code, and the client's attorney if the
communication is relevant to a subsequent ineffective assistance of
counsel claim by the client alleging that the attorney did not
effectively represent the client in the case;

(b)
A communication between a client who has since died and the deceased
client's attorney if the communication is relevant to a dispute
between parties who claim through that deceased client, regardless of
whether the claims are by testate or intestate succession or by inter
vivos transaction, and the dispute addresses the competency of the
deceased client when the deceased client executed a document that is
the basis of the dispute or whether the deceased client was a victim
of fraud, undue influence, or duress when the deceased client
executed a document that is the basis of the dispute.

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

(B)(1)
A physician, advanced practice registered nurse, or dentist
concerning a communication made to the physician, advanced practice
registered nurse, or dentist by a patient in that relation or the
advice of a physician, advanced practice registered nurse, or dentist
given to a patient, except as otherwise provided in this division,
division (B)(2), and division (B)(3) of this section, and except
that, if the patient is deemed by section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the physician or advanced practice registered nurse may be compelled
to testify on the same subject.

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

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

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

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

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

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

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

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

(e)(i)
If the communication was between a patient who has since died and the
deceased patient's physician, advanced practice registered nurse, or
dentist, the communication is relevant to a dispute between parties
who claim through that deceased patient, regardless of whether the
claims are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the deceased
patient when the deceased patient executed a document that is the
basis of the dispute or whether the deceased patient was a victim of
fraud, undue influence, or duress when the deceased patient executed
a document that is the basis of the dispute.

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

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

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

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

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

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

(3)(a)
If the testimonial privilege described in division (B)(1) of this
section does not apply as provided in division (B)(1)(a)(iii) of this
section, a physician, advanced practice registered nurse, or dentist
may be compelled to testify or to submit to discovery under the Rules
of Civil Procedure only as to a communication made to the physician,
advanced practice registered nurse, or dentist by the patient in
question in that relation, or the advice of the physician, advanced
practice registered nurse, or dentist given to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.

(b)
If the testimonial privilege described in division (B)(1) of this
section does not apply to a physician, advanced practice registered
nurse, or dentist as provided in division (B)(1)(c) of this section,
the physician, advanced practice registered nurse, or dentist, in
lieu of personally testifying as to the results of the test in
question, may submit a certified copy of those results, and, upon its
submission, the certified copy is qualified as authentic evidence and
may be admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit the
right of any party to call as a witness the person who administered
the test in question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision the
results were compiled.

(4)
The testimonial privilege described in division (B)(1) of this
section is not waived when a communication is made by a physician or
advanced practice registered nurse to a pharmacist or when there is
communication between a patient and a pharmacist in furtherance of
the physician-patient or advanced practice registered nurse-patient
relation.

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

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

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

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

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

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

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

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

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

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

(6)
Divisions (B)(1), (2), (3), (4), and (5) of this section apply to
doctors of medicine, doctors of osteopathic medicine, doctors of
podiatry, advanced practice registered nurses, and dentists.

(7)
Nothing in divisions (B)(1) to (6) of this section affects, or shall
be construed as affecting, the immunity from civil liability
conferred by section 307.628 of the Revised Code or the immunity from
civil liability conferred by section 2305.33 of the Revised Code upon
physicians or advanced practice registered nurses who report an
employee's use of a drug of abuse, or a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee in accordance with division (B) of that section. As
used in division (B)(7) of this section, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code and "advanced
practice registered nurse" has the same meaning as in section
4723.01 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv)
Selecting and evaluating available community resources;

(v)
Making appropriate referrals;

(vi)
Local and national employee assistance agreements;

(vii)
Client confidentiality.

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

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

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

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

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

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

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

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

(M)
A patient, concerning the patient's own reproductive health care,
including miscarriage and abortion history, unless that patient
consents to do so.

Sec.
2919.10.
(A)
As used in this section:

(1)
"Down syndrome" means a chromosome disorder associated
either with an extra chromosome twenty-one, in whole or in part, or
an effective trisomy for chromosome twenty-one.

(2)
"Physician," "pregnant," and "unborn child"
have the same meanings as in section 2919.16 of the Revised Code.

(B)
No person shall purposely perform or induce or attempt to perform or
induce an abortion on a pregnant woman if the person has knowledge
that the pregnant woman is seeking the abortion, in whole or in part,
because of any of the following:

(1)
A test result indicating Down syndrome in an unborn child;

(2)
A prenatal diagnosis of Down syndrome in an unborn child;

(3)
Any other reason to believe that an unborn child has Down syndrome.

(C)
Whoever violates division (B) of this section is guilty of performing
or attempting to perform an abortion that was being sought because of
Down syndrome, a felony of the fourth degree.

(D)
The state medical board shall revoke a physician's license to
practice medicine in this state if the physician violates division
(B) of this section.

(E)
Any physician who violates division (B) of this section is liable in
a civil action for compensatory and exemplary damages and reasonable
attorney's fees to any person, or the representative of the estate of
any person, who sustains injury, death, or loss to person or property
as the result of the performance or inducement or the attempted
performance or inducement of the abortion. In any action under this
division, the court also may award any injunctive or other equitable
relief that the court considers appropriate.

(F)
A pregnant woman on whom an abortion is performed or induced or
attempted to be performed or induced in violation of division (B) of
this section is not guilty of violating division (B) of this section
or of attempting to commit, conspiring to commit, or complicity in
committing a violation of division (B) of this section.

(G)
If any provision of this section is held invalid, or if the
application of any provision of this section to any person or
circumstance is held invalid, the invalidity of that provision does
not affect any other provisions or applications of this section and
sections 2919.11 to
2919.193

2919.18

of
the Revised Code that can be given effect without the invalid
provision or application, and to this end the provisions of this
section and sections 2919.11 to
2919.193

2919.18

of
the Revised Code are severable as provided in section 1.50 of the
Revised Code. In particular, it is the intent of the general assembly
that any invalidity or potential invalidity of a provision of this
section is not to impair the immediate and continuing enforceability
of any other provisions of this section and sections 2919.11 to

2919.193

2919.18

of
the Revised Code. It is furthermore the intent of the general
assembly that the provisions of this section are not to have the
effect of repealing or limiting any other laws of this state.

(H)
The general assembly may, by joint resolution, appoint one or more of
its members who sponsored or cosponsored ___B___of the 132nd general
assembly to intervene as a matter of right in any case in which the
constitutionality of this section is challenged.

Sec.
2919.12.
(A)
No person shall perform or induce an abortion without the informed
consent of the pregnant woman.

(B)(1)(a)
No person shall knowingly perform or induce an abortion upon a woman
who is pregnant, unmarried, under eighteen years of age, and
unemancipated unless at least one of the following applies:

(i)
Subject to division (B)(2) of this section, the person has given
at
least twenty-four hours
actual
notice, in person or by telephone, to one of the woman's parents, her
guardian, or her custodian as to the intention to perform or induce
the abortion, provided that if the woman has requested, in accordance
with division (B)(1)(b) of this section, that notice be given to a
specified brother or sister of the woman who is twenty-one years of
age or older or to a specified stepparent or grandparent of the woman
instead of to one of her parents, her guardian, or her custodian, and
if the person is notified by a juvenile court that affidavits of the
type described in that division have been filed with that court, the

twenty-four
hours
actual
notice described in this division as to the intention to perform or
induce the abortion shall be given, in person or by telephone, to the
specified brother, sister, stepparent, or grandparent instead of to
the parent, guardian, or custodian;

(ii)
One of the woman's parents, her guardian, or her custodian has
consented in writing to the performance or inducement of the
abortion;

(iii)
A juvenile court pursuant to section 2151.85 of the Revised Code
issues an order authorizing the woman to consent to the abortion
without notification of one of her parents, her guardian, or her
custodian;

(iv)
A juvenile court or a court of appeals, by its inaction,
constructively has authorized the woman to consent to the abortion
without notification of one of her parents, her guardian, or her
custodian under division (B)(1) of section 2151.85 or division (A) of
section 2505.073 of the Revised Code.

(b)
If a woman who is pregnant, unmarried, under eighteen years of age,
and unemancipated desires notification as to a person's intention to
perform or induce an abortion on the woman to be given to a specified
brother or sister of the woman who is twenty-one years of age or
older or to a specified stepparent or grandparent of the woman
instead of to one of her parents, her guardian, or her custodian, the
person who intends to perform or induce the abortion shall notify the
specified brother, sister, stepparent, or grandparent instead of the
parent, guardian, or custodian for purposes of division (B)(1)(a)(i)
of this section if all of the following apply:

(i)
The woman has requested the person to provide the notification to the
specified brother, sister, stepparent, or grandparent, clearly has
identified the specified brother, sister, stepparent, or grandparent
and her relation to that person, and, if the specified relative is a
brother or sister, has indicated the age of the brother or sister;

(ii)
The woman has executed an affidavit stating that she is in fear of
physical, sexual, or severe emotional abuse from the parent,
guardian, or custodian who otherwise would be notified under division
(B)(1)(a)(i) of this section, and that the fear is based on a pattern
of physical, sexual, or severe emotional abuse of her exhibited by
that parent, guardian, or custodian, has filed the affidavit with the
juvenile court of the county in which the woman has a residence or
legal settlement, the juvenile court of any county that borders to
any extent the county in which she has a residence or legal
settlement, or the juvenile court of the county in which the
hospital, clinic, or other facility in which the abortion would be
performed or induced is located, and has given the court written
notice of the name and address of the person who intends to perform
or induce the abortion;

(iii)
The specified brother, sister, stepparent, or grandparent has
executed an affidavit stating that the woman has reason to fear
physical, sexual, or severe emotional abuse from the parent,
guardian, or custodian who otherwise would be notified under division
(B)(1)(a)(i) of this section, based on a pattern of physical, sexual,
or severe emotional abuse of her by that parent, guardian, or
custodian, and the woman or the specified brother, sister,
stepparent, or grandparent has filed the affidavit with the juvenile
court in which the affidavit described in division (B)(1)(b)(ii) of
this section was filed;

(iv)
The juvenile court in which the affidavits described in divisions
(B)(1)(b)(ii) and (iii) of this section were filed has notified the
person that both of those affidavits have been filed with the court.

(c)
If an affidavit of the type described in division (B)(1)(b)(ii) of
this section and an affidavit of the type described in division
(B)(1)(b)(iii) of this section are filed with a juvenile court and
the court has been provided with written notice of the name and
address of the person who intends to perform or induce an abortion
upon the woman to whom the affidavits pertain, the court promptly
shall notify the person who intends to perform or induce the abortion
that the affidavits have been filed. If possible, the notice to the
person shall be given in person or by telephone.

(2)
If division (B)(1)(a)(ii), (iii), or (iv) of this section does not
apply, and if no parent, guardian, or custodian can be reached for
purposes of division (B)(1)(a)(i) of this section after a reasonable
effort, or if notification is to be given to a specified brother,
sister, stepparent, or grandparent under that division and the
specified brother, sister, stepparent, or grandparent cannot be
reached for purposes of that division after a reasonable effort, no
person shall perform or induce such an abortion without giving at
least forty-eight hours constructive notice to one of the woman's
parents, her guardian, or her custodian, by both certified and
ordinary mail sent to the last known address of the parent, guardian,
or custodian, or if notification for purposes of division
(B)(1)(a)(i) of this section is to be given to a specified brother,
sister, stepparent, or grandparent, without giving at least
forty-eight hours constructive notice to that specified brother,
sister, stepparent, or grandparent by both certified and ordinary
mail sent to the last known address of that specified brother,
sister, stepparent, or grandparent. The forty-eight-hour period under
this division begins when the certified mail notice is mailed. If a
parent, guardian, or custodian of the woman, or if notification under
division (B)(1)(a)(i) of this section is to be given to a specified
brother, sister, stepparent, or grandparent, the specified brother,
sister, stepparent, or grandparent, is not reached within the
forty-eight-hour period, the abortion may proceed even if the
certified mail notice is not received.

(3)
If a parent, guardian, custodian, or specified brother, sister,
stepparent, or grandparent who has been notified in accordance with
division (B)(1) or (2) of this section clearly and unequivocally
expresses that

he or she

such person

does not wish to consult with a pregnant woman prior to her abortion,
then the abortion may proceed without any further waiting period.

(4)
For purposes of prosecutions for a violation of division (B)(1) or
(2) of this section, it shall be a rebuttable presumption that a
woman who is unmarried and under eighteen years of age is
unemancipated.

(C)(1)
It is an affirmative defense to a charge under division (B)(1) or (2)
of this section that the pregnant woman provided the person who
performed or induced the abortion with false, misleading, or
incorrect information about her age, marital status, or emancipation,
about the age of a brother or sister to whom she requested notice be
given as a specified relative instead of to one of her parents, her
guardian, or her custodian, or about the last known address of either
of her parents, her guardian, her custodian, or a specified brother,
sister, stepparent, or grandparent to whom she requested notice be
given and the person who performed or induced the abortion did not
otherwise have reasonable cause to believe the pregnant woman was
under eighteen years of age, unmarried, or unemancipated, to believe
that the age of a brother or sister to whom she requested notice be
given as a specified relative instead of to one of her parents, her
guardian, or her custodian was not twenty-one years of age, or to
believe that the last known address of either of her parents, her
guardian, her custodian, or a specified brother, sister, stepparent,
or grandparent to whom she requested notice be given was incorrect.

(2)
It is an affirmative defense to a charge under this section that
compliance with the requirements of this section was not possible
because an immediate threat of serious risk to the life or physical
health of the pregnant woman from the continuation of her pregnancy
created an emergency necessitating the immediate performance or
inducement of an abortion.

(D)
Whoever violates this section is guilty of unlawful abortion. A
violation of division (A) of this section is a misdemeanor of the
first degree on the first offense and a felony of the fourth degree
on each subsequent offense. A violation of division (B) of this
section is a misdemeanor of the first degree on a first offense and a
felony of the fifth degree on each subsequent offense.

(E)
Whoever violates this section is liable to the pregnant woman and her
parents, guardian, or custodian for civil compensatory and exemplary
damages.

(F)
As used in this section "unemancipated" means that a woman
who is unmarried and under eighteen years of age has not entered the
armed services of the United States, has not become employed and
self-subsisting, or has not otherwise become independent from the
care and control of her parent, guardian, or custodian.

Sec.
2953.25.
(A)
As used in this section:

(1)
"Collateral sanction" means a penalty, disability, or
disadvantage that is related to employment or occupational licensing,
however denominated, as a result of the individual's conviction of or
plea of guilty to an offense and that applies by operation of law in
this state whether or not the penalty, disability, or disadvantage is
included in the sentence or judgment imposed.

"Collateral
sanction" does not include imprisonment, probation, parole,
supervised release, forfeiture, restitution, fine, assessment, or
costs of prosecution.

(2)
"Decision-maker" includes, but is not limited to, the state
acting through a department, agency, board, commission, or
instrumentality established by the law of this state for the exercise
of any function of government, a political subdivision, an
educational institution, or a government contractor or subcontractor
made subject to this section by contract, law, or ordinance.

(3)
"Department-funded program" means a residential or
nonresidential program that is not a term in a state correctional
institution, that is funded in whole or part by the department of
rehabilitation and correction, and that is imposed as a sanction for
an offense, as part of a sanction that is imposed for an offense, or
as a term or condition of any sanction that is imposed for an
offense.

(4)
"Designee" means the person designated by the deputy
director of the division of parole and community services to perform
the duties designated in division (B) of this section.

(5)
"Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.

(6)
"Offense" means any felony or misdemeanor under the laws of
this state.

(7)
"Political subdivision" has the same meaning as in section
2969.21 of the Revised Code.

(8)
"Discretionary civil impact," "licensing agency,"
and "mandatory civil impact" have the same meanings as in
section 2961.21 of the Revised Code.

(B)(1)
An individual who is subject to one or more collateral sanctions as a
result of being convicted of or pleading guilty to an offense and who
either has served a term in a state correctional institution for any
offense or has spent time in a department-funded program for any
offense may file a petition with the designee of the deputy director
of the division of parole and community services for a certificate of
qualification for employment.

(2)
An individual who is subject to one or more collateral sanctions as a
result of being convicted of or pleading guilty to an offense and who
is not in a category described in division (B)(1) of this section may
file for a certificate of qualification for employment by doing
either of the following:

(a)
In the case of an individual who resides in this state, filing a
petition with the court of common pleas of the county in which the
person resides or with the designee of the deputy director of the
division of parole and community services;

(b)
In the case of an individual who resides outside of this state,
filing a petition with the court of common pleas of any county in
which any conviction or plea of guilty from which the individual
seeks relief was entered or with the designee of the deputy director
of the division of parole and community services.

(3)
A petition under division (B)(1) or (2) of this section shall be made
on a copy of the form prescribed by the division of parole and
community services under division (J) of this section, shall contain
all of the information described in division (F) of this section,
and, except as provided in division (B)(6) of this section, shall be
accompanied by an application fee of fifty dollars and may be
accompanied by a local court fee of not more than fifty dollars.

(4)(a)
Except as provided in division (B)(4)(b) of this section, an
individual may file a petition under division (B)(1) or (2) of this
section at any time after the expiration of whichever of the
following is applicable:

(i)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a felony, at any time after the
expiration of one year from the date of release of the individual
from any period of incarceration in a state or local correctional
facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration
or, if the individual was not incarcerated for that offense, at any
time after the expiration of one year from the date of the
individual's final release from all other sanctions imposed for that
offense.

(ii)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a misdemeanor, at any time after the
expiration of six months from the date of release of the individual
from any period of incarceration in a local correctional facility
that was imposed for that offense and all periods of supervision
imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at any time after
the expiration of six months from the date of the final release of
the individual from all sanctions imposed for that offense including
any period of supervision.

(b)
The department of rehabilitation and correction may establish
criteria by rule adopted under Chapter 119. of the Revised Code that,
if satisfied by an individual, would allow the individual to file a
petition before the expiration of six months or one year from the
date of final release, whichever is applicable under division
(B)(4)(a) of this section.

(5)(a)
A designee that receives a petition for a certificate of
qualification for employment from an individual under division (B)(1)
or (2) of this section shall review the petition to determine whether
it is complete. If the petition is complete, the designee shall
forward the petition, the application fee, and any other information
the designee possesses that relates to the petition, to the court of
common pleas of the county in which the individual resides if the
individual submitting the petition resides in this state or, if the
individual resides outside of this state, to the court of common
pleas of the county in which the conviction or plea of guilty from
which the individual seeks relief was entered.

(b)
A court of common pleas that receives a petition for a certificate of
qualification for employment from an individual under division (B)(2)
of this section, or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section, shall attempt
to determine all other courts in this state in which the individual
was convicted of or pleaded guilty to an offense other than the
offense from which the individual is seeking relief. The court that
receives or is forwarded the petition shall notify all other courts
in this state that it determines under this division were courts in
which the individual was convicted of or pleaded guilty to an offense
other than the offense from which the individual is seeking relief
that the individual has filed the petition and that the court may
send comments regarding the possible issuance of the certificate.

A
court of common pleas that receives a petition for a certificate of
qualification for employment under division (B)(2) of this section
shall notify the county's prosecuting attorney that the individual
has filed the petition.

A
court of common pleas that receives a petition for a certificate of
qualification for employment under division (B)(2) of this section,
or that is forwarded a petition for qualification under division
(B)(5)(a) of this section may direct the clerk of court to process
and record all notices required in or under this section. Except as
provided in division (B)(6) of this section, the court shall pay
thirty dollars of the application fee into the state treasury and
twenty dollars of the application fee into the county general revenue
fund.

(6)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(1) or (2) of
this section, a court of common pleas or the designee of the deputy
director of the division of parole and community services who
receives the petition may waive all or part of the application fee of
fifty dollars described in division (B)(3) of this section, for an
applicant who presents a poverty affidavit showing that the applicant
is indigent. If an applicant pays an application fee, the first
twenty dollars or two-fifths of the fee, whichever is greater, that
is collected shall be paid into the county general revenue fund. If
an applicant pays an application fee, the amount collected in excess
of the amount to be paid into the county general revenue fund shall
be paid into the state treasury.

(C)(1)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(2) of this
section or being forwarded a petition for such a certificate under
division (B)(5)(a) of this section, the court shall review the
individual's petition, the individual's criminal history, except for
information contained in any record that has been sealed under
section 2953.32 of the Revised Code, all filings submitted by the
prosecutor or by the victim in accordance with rules adopted by the
division of parole and community services, the applicant's military
service record, if applicable, and whether the applicant has an
emotional, mental, or physical condition that is traceable to the
applicant's military service in the armed forces of the United States
and that was a contributing factor in the commission of the offense
or offenses, and all other relevant evidence. The court may order any
report, investigation, or disclosure by the individual that the court
believes is necessary for the court to reach a decision on whether to
approve the individual's petition for a certificate of qualification
for employment, except that the court shall not require an individual
to disclose information about any record sealed under section 2953.32
of the Revised Code.

(2)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(2) of this
section or being forwarded a petition for such a certificate under
division (B)(5)(a) of this section, except as otherwise provided in
this division, the court shall decide whether to issue the
certificate within sixty days after the court receives or is
forwarded the completed petition and all information requested for
the court to make that decision. Upon request of the individual who
filed the petition, the court may extend the sixty-day period
specified in this division.

(3)
Except as provided in division (C)(5) of this section and subject to
division (C)(7) of this section, a court that receives an
individual's petition for a certificate of qualification for
employment under division (B)(2) of this section or that is forwarded
a petition for such a certificate under division (B)(5)(a) of this
section may issue a certificate of qualification for employment, at
the court's discretion, if the court finds that the individual has
established all of the following by a preponderance of the evidence:

(a)
Granting the petition will materially assist the individual in
obtaining employment or occupational licensing.

(b)
The individual has a substantial need for the relief requested in
order to live a law-abiding life.

(c)
Granting the petition would not pose an unreasonable risk to the
safety of the public or any individual.

(4)
The submission of an incomplete petition by an individual shall not
be grounds for the designee or court to deny the petition.

(5)
Subject to division (C)(6) of this section, an individual is
rebuttably presumed to be eligible for a certificate of qualification
for employment if the court that receives the individual's petition
under division (B)(2) of this section or that is forwarded a petition
under division (B)(5)(a) of this section finds all of the following:

(a)
The application was filed after the expiration of the applicable
waiting period prescribed in division (B)(4) of this section;

(b)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a felony, at least three years have
elapsed since the date of release of the individual from any period
of incarceration in a state or local correctional facility that was
imposed for that offense and all periods of supervision imposed after
release from the period of incarceration or, if the individual was
not incarcerated for that offense, at least three years have elapsed
since the date of the individual's final release from all other
sanctions imposed for that offense;

(c)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a misdemeanor, at least one year has
elapsed since the date of release of the individual from any period
of incarceration in a local correctional facility that was imposed
for that offense and all periods of supervision imposed after release
from the period of incarceration or, if the individual was not
incarcerated for that offense, at least one year has elapsed since
the date of the final release of the individual from all sanctions
imposed for that offense including any period of supervision.

(6)
An application that meets all of the requirements for the presumption
under division (C)(5) of this section shall be denied only if the
court that receives the petition finds that the evidence reviewed
under division (C)(1) of this section rebuts the presumption of
eligibility for issuance by establishing, by clear and convincing
evidence, that the applicant has not been rehabilitated.

(7)
A certificate of qualification for employment shall not create relief
from any of the following collateral sanctions:

(a)
Requirements imposed by Chapter 2950. of the Revised Code and rules
adopted under sections 2950.13 and 2950.132 of the Revised Code;

(b)
A driver's license, commercial driver's license, or probationary
license suspension, cancellation, or revocation pursuant to section
4510.037, 4510.07, 4511.19, or 4511.191 of the Revised Code if the
relief sought is available pursuant to section 4510.021 or division
(B) of section 4510.13 of the Revised Code;

(c)
Restrictions on employment as a prosecutor or law enforcement
officer;

(d)
The denial, ineligibility, or automatic suspension of a license that
is imposed upon an individual applying for or holding a license as a
health care professional under Title XLVII of the Revised Code if the
individual is convicted of, pleads guilty to, is subject to a
judicial finding of eligibility for intervention in lieu of
conviction in this state under section 2951.041 of the Revised Code,
or is subject to treatment or intervention in lieu of conviction for
a violation of section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, 2911.11,
or

2919.123
,
or 2919.124

of the Revised Code;

(e)
The immediate suspension of a license, certificate, or evidence of
registration that is imposed upon an individual holding a license as
a health care professional under Title XLVII of the Revised Code
pursuant to division (C) of section 3719.121 of the Revised Code;

(f)
The denial or ineligibility for employment in a pain clinic under
division (B)(4) of section 4729.552 of the Revised Code;

(g)
The mandatory suspension of a license that is imposed on an
individual applying for or holding a license as a health care
professional under Title XLVII of the Revised Code pursuant to
section 3123.43 of the Revised Code.

(8)
If a court that receives an individual's petition for a certificate
of qualification for employment under division (B)(2) of this section
or that is forwarded a petition for such a certificate under division
(B)(5)(a) of this section denies the petition, the court shall
provide written notice to the individual of the court's denial. The
court may place conditions on the individual regarding the
individual's filing of any subsequent petition for a certificate of
qualification for employment. The written notice must notify the
individual of any conditions placed on the individual's filing of a
subsequent petition for a certificate of qualification for
employment.

If
a court of common pleas that receives an individual's petition for a
certificate of qualification for employment under division (B)(2) of
this section or that is forwarded a petition for such a certificate
under division (B)(5)(a) of this section denies the petition, the
individual may appeal the decision to the court of appeals only if
the individual alleges that the denial was an abuse of discretion on
the part of the court of common pleas.

(D)(1)
A certificate of qualification for employment issued to an individual
lifts the automatic bar of a collateral sanction, and a
decision-maker shall consider on a case-by-case basis whether to
grant or deny the issuance or restoration of an occupational license
or an employment opportunity, notwithstanding the individual's
possession of the certificate, without, however, reconsidering or
rejecting any finding made by a designee or court under division
(C)(3) of this section.

(2)
The certificate constitutes a rebuttable presumption that the
person's criminal convictions are insufficient evidence that the
person is unfit for the license, employment opportunity, or
certification in question. Notwithstanding the presumption
established under this division, the agency may deny the license or
certification for the person if it determines that the person is
unfit for issuance of the license.

(3)
If an employer that has hired a person who has been issued a
certificate of qualification for employment applies to a licensing
agency for a license or certification and the person has a conviction
or guilty plea that otherwise would bar the person's employment with
the employer or licensure for the employer because of a mandatory
civil impact, the agency shall give the person individualized
consideration, notwithstanding the mandatory civil impact, the
mandatory civil impact shall be considered for all purposes to be a
discretionary civil impact, and the certificate constitutes a
rebuttable presumption that the person's criminal convictions are
insufficient evidence that the person is unfit for the employment, or
that the employer is unfit for the license or certification, in
question.

(E)
A certificate of qualification for employment does not grant the
individual to whom the certificate was issued relief from the
mandatory civil impacts identified in division (A)(1) of section
2961.01 or division (B) of section 2961.02 of the Revised Code.

(F)
A petition for a certificate of qualification for employment filed by
an individual under division (B)(1) or (2) of this section shall
include all of the following:

(1)
The individual's name, date of birth, and social security number;

(2)
All aliases of the individual and all social security numbers
associated with those aliases;

(3)
The individual's residence address, including the city, county, and
state of residence and zip code;

(4)
The length of time that the individual has resided in the
individual's current state of residence, expressed in years and
months of residence;

(5)
A general statement as to why the individual has filed the petition
and how the certificate of qualification for employment would assist
the individual;

(6)
A summary of the individual's criminal history, except for
information contained in any record that has been sealed or expunged
under section 2953.32 or 2953.39 of the Revised Code, with respect to
each offense that is a disqualification from employment or licensing
in an occupation or profession, including the years of each
conviction or plea of guilty for each of those offenses;

(7)
A summary of the individual's employment history, specifying the name
of, and dates of employment with, each employer;

(8)
Verifiable references and endorsements;

(9)
The name of one or more immediate family members of the individual,
or other persons with whom the individual has a close relationship,
who support the individual's reentry plan;

(10)
A summary of the reason the individual believes the certificate of
qualification for employment should be granted;

(11)
Any other information required by rule by the department of
rehabilitation and correction.

(G)(1)
In a judicial or administrative proceeding alleging negligence or
other fault, a certificate of qualification for employment issued to
an individual under this section may be introduced as evidence of a
person's due care in hiring, retaining, licensing, leasing to,
admitting to a school or program, or otherwise transacting business
or engaging in activity with the individual to whom the certificate
of qualification for employment was issued if the person knew of the
certificate at the time of the alleged negligence or other fault.

(2)
In any proceeding on a claim against an employer for negligent
hiring, a certificate of qualification for employment issued to an
individual under this section shall provide immunity for the employer
as to the claim if the employer knew of the certificate at the time
of the alleged negligence.

(3)
If an employer hires an individual who has been issued a certificate
of qualification for employment under this section, if the
individual, after being hired, subsequently demonstrates
dangerousness or is convicted of or pleads guilty to a felony, and if
the employer retains the individual as an employee after the
demonstration of dangerousness or the conviction or guilty plea, the
employer may be held liable in a civil action that is based on or
relates to the retention of the individual as an employee only if it
is proved by a preponderance of the evidence that the person having
hiring and firing responsibility for the employer had actual
knowledge that the employee was dangerous or had been convicted of or
pleaded guilty to the felony and was willful in retaining the
individual as an employee after the demonstration of dangerousness or
the conviction or guilty plea of which the person has actual
knowledge.

(H)
A certificate of qualification for employment issued under this
section shall be revoked if the individual to whom the certificate of
qualification for employment was issued is convicted of or pleads
guilty to a felony offense committed subsequent to the issuance of
the certificate of qualification for employment. The department of
rehabilitation and correction shall periodically review the
certificates listed in the database described in division (K) of this
section to identify those that are subject to revocation under this
division. Upon identifying a certificate of qualification for
employment that is subject to revocation, the department shall note
in the database that the certificate has been revoked, the reason for
revocation, and the effective date of revocation, which shall be the
date of the conviction or plea of guilty subsequent to the issuance
of the certificate.

(I)
A designee's forwarding, or failure to forward, a petition for a
certificate of qualification for employment to a court or a court's
issuance, or failure to issue, a petition for a certificate of
qualification for employment to an individual under division (B) of
this section does not give rise to a claim for damages against the
department of rehabilitation and correction or court.

(J)
The division of parole and community services shall adopt rules in
accordance with Chapter 119. of the Revised Code for the
implementation and administration of this section and shall prescribe
the form for the petition to be used under division (B)(1) or (2) of
this section. The form for the petition shall include places for all
of the information specified in division (F) of this section.

(K)
The department of rehabilitation and correction shall maintain a
database that identifies granted certificates and revoked
certificates and tracks the number of certificates granted and
revoked, the industries, occupations, and professions with respect to
which the certificates have been most applicable, and the types of
employers that have accepted the certificates. The department shall
annually create a report that summarizes the information maintained
in the database and shall make the report available to the public on
its internet web site.

Sec.
3701.341.
(A)
The director of health, pursuant to Chapter 119.

and consistent with Chapter 3726. and section 2317.56

of the Revised Code, shall adopt rules relating to abortions and the
following subjects:

(1)
Post-abortion procedures to protect the health of the pregnant woman;

(2)
Pathological reports;

(3)
Humane disposition of the product of human conception;

(4)
Counseling.

(B)
The director of health shall implement the rules and shall apply to
the court of common pleas for temporary or permanent injunctions
restraining a violation or threatened violation of the rules. This
action is an additional remedy not dependent on the adequacy of the
remedy at law.

Sec.
3701.792.
(A)
The director of health shall develop a child survival form to be
submitted to the department of health in accordance with division (B)
of this section each time a child is born alive after an abortion or
attempted abortion. In developing the form, the director may consult
with obstetricians, maternal-fetal specialists, or any other
professionals the director considers appropriate. The form shall
include areas for all of the following to be provided:

(1)
The patient number for the woman on whom the abortion was performed
or attempted;

(2)
The name, primary business address, and signature of the attending
physician
described
in section 3701.79 of the Revised Code
who
performed or attempted to perform the abortion;

(3)
The name and address of the facility in which the abortion was
performed or attempted, and whether the facility is a hospital,
ambulatory surgical facility, physician's office, or other facility;

(4)
The date the abortion was performed or attempted;

(5)
The type of abortion procedure that was performed or attempted;

(6)
The gestational age of the child who was born;

(7)
Complications, by type, for both the woman and child;

(8)
Any other information the director considers appropriate.

(B)
The attending physician who performed or attempted an abortion in
which a child was born alive after that event shall complete a child
survival form developed under division (A) of this section. The
physician shall submit the completed form to the department of health
not later than fifteen days after the woman is discharged from the
facility.

A
completed child survival form is confidential and not a public record
under section 149.43 of the Revised Code.

(C)
A copy of the child survival form completed under this section shall
be made part of the medical record maintained for the woman by the
facility in which the abortion was performed or attempted.

(D)
Each facility in which an abortion was performed or attempted and in
which a child was born alive after that event shall submit monthly
and annual reports to the department of health listing the total
number of women on whom an abortion was performed or attempted at the
facility and in which a child was born alive after that event,
delineated by the type of abortion procedure that was performed or
attempted. The annual report shall be submitted following the
conclusion of the state's fiscal year. Each monthly or annual report
shall be submitted not later than thirty days after the end of the
applicable reporting period.

(E)
Not later than the first day of October of each year, the department
shall issue an annual report of the data submitted to the department
for the previous calendar year as required by this section. At a
minimum, the annual report shall specify the number of women on whom
an abortion was performed or attempted and in which a child was born
alive after that event, delineated by the type of abortion procedure
that was performed or attempted and the facility in which the
abortion was performed or attempted. The report shall not contain any
information that would permit the identity of a woman on whom an
abortion was performed or attempted or any child to be ascertained.

(F)
No person shall purposely fail to comply with the child survival form
submission requirement described in division (B) of this section or
the copy maintenance requirement described in division (C) of this
section.

(G)
No person shall purposely fail to comply with the monthly or annual
report submission requirements described in division (D) of this
section.

(H)
A woman on whom an abortion is performed or attempted may file a
civil action against a person who violates division (F) or (G) or
this section. A woman who prevails in an action filed under this
division shall receive both of the following from the person who
committed the violation:

(1)
Damages in the amount of ten thousand dollars;

(2)
Court costs and reasonable attorney's fees.

(I)
As used in this section:

(1)
"Abortion" has the same meaning as in section 2919.11 of
the Revised Code.

(2)
"Ambulatory surgical facility" has the same meaning as in
section 3702.30 of the Revised Code.

(3)
"Hospital" means any building, structure, institution, or
place devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment, and medical or surgical care
for three or more unrelated individuals having illness, disease,
injury, or deformity, and regularly making available at least
clinical laboratory services, diagnostic x-ray services, treatment
facilities for surgery or obstetrical care, or other definitive
medical treatment. "Hospital" does not include a "home"
as defined in section 3721.01 of the Revised Code.

(4)
"Physician's office" means an office or portion of an
office that is used to provide medical or surgical services to the
physician's patients. "Physician's office" does not mean an
ambulatory surgical facility, a hospital, or a hospital emergency
department.

Sec.
3702.30.
(A)
As used in this section:

(1)
"Ambulatory surgical facility" means a facility in which
surgical services are provided to patients who do not require
hospitalization for inpatient care, the duration of services for any
patient does not extend beyond twenty-four hours after the patient's
admission, and to which any of the following apply:

(a)
The surgical services are provided in a building that is separate
from another building in which inpatient care is provided, regardless
of whether the separate building is part of the same organization as
the building in which inpatient care is provided.

(b)
The surgical services are provided within a building in which
inpatient care is provided and the entity that operates the portion
of the building where the surgical services are provided is not the
entity that operates the remainder of the building.

(c)
The facility is held out to any person or government entity as an
ambulatory surgical facility or similar facility by means of signage,
advertising, or other promotional efforts.

"Ambulatory
surgical facility" does not include a hospital emergency
department, hospital provider-based department that is otherwise
licensed under Chapter 3722. of the Revised Code, or an office of a
physician, podiatrist, or dentist.

(2)
"Health care facility" means any of the following:

(a)
An ambulatory surgical facility;

(b)
A freestanding dialysis center;

(c)
A freestanding inpatient rehabilitation facility;

(d)
A freestanding birthing center;

(e)
A freestanding radiation therapy center;

(f)
A freestanding or mobile diagnostic imaging center.

(B)
By rule adopted in accordance with sections 3702.12 and 3702.13 of
the Revised Code, the director of health shall establish quality
standards for health care facilities. The standards may incorporate
accreditation standards or other quality standards established by any
entity recognized by the director.

In
the case of an ambulatory surgical facility, the standards shall
require the ambulatory surgical facility to maintain an infection
control program. The purposes of the program are to minimize
infections and communicable diseases and facilitate a functional and
sanitary environment consistent with standards of professional
practice. To achieve these purposes, ambulatory surgical facility
staff managing the program shall create and administer a plan
designed to prevent, identify, and manage infections and communicable
diseases; ensure that the program is directed by a qualified
professional trained in infection control; ensure that the program is
an integral part of the ambulatory surgical facility's quality
assessment and performance improvement program; and implement in an
expeditious manner corrective and preventive measures that result in
improvement.

(C)
Every ambulatory surgical facility shall require that each physician
who practices at the facility comply with all relevant provisions in
the Revised Code that relate to the obtaining of informed consent
from a patient.

(D)
The director shall issue a license to each health care facility that
makes application for a license and demonstrates to the director that
it meets the quality standards established by the rules adopted under
division (B) of this section and satisfies the informed consent
compliance requirements specified in division (C) of this section.

(E)(1)
Except as provided in division
(H)
(G)

of this section and in section 3702.301 of the Revised Code, no
health care facility shall operate without a license issued under
this section.

The
general assembly does not intend for the provisions of this section
or section 3702.301 of the Revised Code that establish health care
facility licensing requirements or exemptions to have an effect on
any third-party payments that may be available for the services
provided by either a licensed health care facility or an entity
exempt from licensure.

(2)
If the department of health finds that a physician who practices at a
health care facility is not complying with any provision of the
Revised Code related to the obtaining of informed consent from a
patient, the department shall report its finding to the state medical
board, the physician, and the health care facility.

(3)
Division (E)(2) of this section does not create, and shall not be
construed as creating, a new cause of action or substantive legal
right against a health care facility and in favor of a patient who
allegedly sustains harm as a result of the failure of the patient's
physician to obtain informed consent from the patient prior to
performing a procedure on or otherwise caring for the patient in the
health care facility.

(F)
The rules adopted under division (B) of this section shall include
all of the following:

(1)
Provisions governing application for, renewal, suspension, and
revocation of a license under this section;

(2)
Provisions governing orders issued pursuant to section 3702.32 of the
Revised Code for a health care facility to cease its operations or to
prohibit certain types of services provided by a health care
facility;

(3)
Provisions governing the imposition under section 3702.32 of the
Revised Code of civil penalties for violations of this section or the
rules adopted under this section, including a scale for determining
the amount of the penalties;

(4)
Provisions specifying the form inspectors must use when conducting
inspections of ambulatory surgical facilities.

(G)

An
ambulatory surgical facility that performs or induces abortions shall
comply with section 3701.791 of the Revised Code.

(H)

The
following entities are not required to obtain a license as a
freestanding diagnostic imaging center issued under this section:

(1)
A hospital registered under section 3701.07 of the Revised Code that
provides diagnostic imaging;

(2)
An entity that is reviewed as part of a hospital accreditation or
certification program and that provides diagnostic imaging;

(3)
An ambulatory surgical facility that provides diagnostic imaging in
conjunction with or during any portion of a surgical procedure.

Sec.
3732.01.
As
used in sections 3732.01 to 3732.06 of the Revised Code:

(A)
"Collect" means for a regulated entity to obtain personal
reproductive or sexual health information in any manner.

(B)
"Commerce" has the same meaning as in the "Federal
Trade Commission Act," 15 U.S.C. 44.

(C)
"Disclose" means for a regulated entity to release,
transfer, sell, provide access to, license, or divulge personal
reproductive or sexual health information in any manner to a third
party, including the federal government, the state, any political
subdivision, or a law enforcement agency.

(D)(1)
"Express consent" means informed, opt-in, voluntary,
specific, and unambiguous written consent, including by electronic
means, to collecting, retaining, using, or disclosing personal
reproductive or sexual health information.

(2)
"Express consent" does not include any of the following:

(a)
Consent secured without first providing to the individual a clear and
conspicuous disclosure, apart from any privacy policy, terms of
service, terms of use, general release, user agreement, or other
similar document, of all information material to the provision of
consent;

(b)
Hovering over, muting, pausing, or closing a given piece of content;

(c)
Agreement obtained through the use of a user interface designed or
manipulated with the substantial effect of subverting or impairing
user autonomy, decision-making, or choice.

(E)
"Personal information" means information that identifies,
relates to, describes, is reasonably capable of being associated
with, or could reasonably be linked, directly or indirectly to, a
particular individual.

(F)
"Personal reproductive or sexual health information" means
personal information relating to the past, present, or future
reproductive or sexual health of an individual, including any of the
following:

(1)
Efforts to research or obtain reproductive or sexual information,
services, or supplies, including location information that might
indicate an attempt to acquire or receive such information, services,
or supplies;

(2)
Reproductive or sexual health conditions, status, diseases, or
diagnoses, including pregnancy, menstruation, ovulation, and the
ability to conceive a pregnancy, regardless of whether such
individual is sexually active, and whether such individual is
engaging in unprotected sex;

(3)
Reproductive and sexual health-related surgeries or procedures,
including the termination of a pregnancy;

(4)
Use or purchase of contraceptives, birth control, or any medication
related to reproductive health, including abortifacients;

(5)
Bodily functions, vital signs, measurements, or symptoms related to
menstruation or pregnancy, such as basal temperature, cramps, bodily
discharge, or hormone levels;

(6)
Any information about diagnoses or diagnostic testing, treatment,
medications, or the use of any product or service relating to the
matters described in divisions (F)(1) to (5) of this section;

(7)
Any information described in divisions (F)(1) to (6) of this section
that is derived or extrapolated from non-health information,
including proxy, derivative, inferred, emergent, or algorithmic data.

(G)(1)
"Regulated entity" means any entity, to the extent the
entity is engaged in activities in or affecting commerce, that is
either:

(a)
A person, partnership, or corporation subject to the jurisdiction of
the federal trade commission under section 5(a)(2) of the "Federal
Trade Commission Act," 15 U.S.C. 45(a)(2);

(b)
Notwithstanding section 4, 5(a)(2), or 6 of the "Federal Trade
Commission Act," 15 U.S.C. 44; 45(a)(2); 46, or any
jurisdictional limitation of the commission, either of the following:

(i)
A common carrier subject to the "Communications Act of 1934,"47
U.S.C. 151 et seq.;

(ii)
An organization not organized to carry on business for its own profit
or that of its members.

(2)
"Regulated entity" does not include any of the following:

(a)
An entity that is a covered entity, as defined in 45 C.F.R. 160.103,
to the extent the entity is acting as a covered entity under the
HIPAA privacy regulations, as defined in section 1180(b)(3) of the
"Social Security Act," 42 U.S.C. 1320d–9(b)(3);

(b)
An entity that is a business associate, as defined in 45 C.F.R.
160.103, to the extent the entity is acting as a business associate
under the HIPAA privacy regulations, as defined in section 1180(b)(3)
of the "Social Security Act," 42 U.S.C. 1320d–9(b)(3);

(c)
An entity that is subject to restrictions on disclosure of records
under section 543 of the "Public Health Service Act," 42
U.S.C. 290dd–2, to the extent the entity is acting in a capacity
subject to the restrictions.

(H)(1)
"Service provider" means a person to whom both of the
following apply:

(a)
Collects, retains, uses, or discloses personal reproductive or sexual
health information for the sole purpose of, and only to the extent
that the person is, conducting business activities on behalf of, for
the benefit of, under instruction of, and under contractual agreement
with a regulated entity and not any other individual or entity;

(b)
Does not divulge personal reproductive or sexual health information
to any individual or entity other than such regulated entity or a
contractor to such service provider bound to information processing
terms not less restrictive than terms to which the service provider
is bound.

(2)
A person shall only be considered a service provider in the course of
activities described in division (H)(1)(a) of this section.

(I)
"Third party" means any person who is not any of the
following:

(1)
The regulated entity that is disclosing or collecting personal
reproductive or sexual health information;

(2)
The individual to whom the personal reproductive or sexual health
information relates;

(3)
A service provider.

Sec.
3732.02.
(A)
A regulated entity shall not collect, retain, use, or disclose
personal reproductive or sexual health information, except under
either of the following circumstances:

(1)
With the express consent of the individual to whom such information
relates;

(2)
As is strictly necessary to provide a product or service that the
individual to whom the information relates has requested from the
regulated entity.

(B)
A regulated entity shall restrict access to personal reproductive or
sexual health information to the employees or service providers of
the regulated entity for which access is necessary to provide a
product or service that the individual to whom the information
relates has requested from the regulated entity.

(C)
For purposes of compliance with this section by a service provider of
a regulated entity, a request from an individual to the regulated
entity for a product or service, and an express consent from the
individual to the regulated entity, shall be treated as having also
been provided to the service provider.

Sec.
3732.03.
(A)(1)
A regulated entity shall make available a reasonable mechanism by
which an individual, upon a verified request, may access both of the
following:

(a)
Any personal reproductive or sexual health information relating to
the individual that is retained by the regulated entity, including
both of the following:

(i)
In the case of the information that the regulated entity collected
from third parties, how and from which specific third parties the
regulated entity collected the information;

(ii)
The information that the regulated entity inferred about the
individual.

(b)
A list of the specific third parties to which the regulated entity
has disclosed any personal reproductive or sexual health information
relating to such individual.

(2)
A regulated entity shall make the information described in division
(A)(1) of this section available in both a human-readable format and
a structured, interoperable, and machine-readable format.

(B)(1)
A regulated entity shall make available a reasonable mechanism by
which an individual, upon a verified request, may request the
deletion of any personal reproductive or sexual health information
relating to the individual that is retained by the regulated entity,
including any information that the regulated entity collected from a
third party or inferred from other information retained by the
regulated entity.

(2)
A regulated entity shall comply with a verified request received
under this section without undue delay but not later than fifteen
days after the date on which such regulated entity receives the
verified request.

(3)
A regulated entity shall not charge a fee to an individual for a
request made under this section.

(C)
Nothing in this section shall be construed to require a regulated
entity to do any of the following:

(1)
Take an action that would convert information that is not personal
information into personal information;

(2)
Collect or retain personal information that the regulated entity
would otherwise not collect or retain;

(3)
Retain personal information longer than the regulated entity would
otherwise retain the information.

(D)
For purposes of this section, "reasonable mechanism" means,
with respect to a regulated entity and a right under division (B) of
this section, a mechanism to which both of the following apply:

(1)
It is equivalent in availability and ease of use to that of other
mechanisms for communicating or interacting with the regulated
entity.

(2)
It includes an online means of exercising the right described under
division (B) of this section.

Sec.
3732.04.
(A)
A regulated entity shall maintain a privacy policy relating to the
practices of the regulated entity regarding the collecting,
retaining, using, and disclosing of personal reproductive or sexual
health information.

(B)
If a regulated entity has a web site, it shall prominently publish
the privacy policy on the web site.

(C)
The privacy policy shall be clear and conspicuous and shall include
all of the following:

(1)
A description of the practices of the regulated entity regarding the
collecting, retaining, using, and disclosing of personal reproductive
or sexual health information;

(2)
A clear and concise statement of the categories of the information
collected, retained, used, or disclosed by the regulated entity;

(3)
A clear and concise statement of the purposes of the regulated entity
for the collecting, retaining, using, or disclosing of the
information;

(4)
A list of the specific third parties to which the regulated entity
discloses the information, and a clear and concise statement of the
purposes for which the regulated entity discloses the information,
including how the information may be used by each such third party;

(5)
A list of the specific third parties from which the regulated entity
has collected the information, and a clear and concise statement of
the purposes for which the regulated entity collects the information;

(6)
A clear and concise statement describing the extent to which
individuals may exercise control over the collecting, retaining,
using, and disclosing of personal reproductive or sexual health
information by the regulated entity, and the steps an individual must
take to implement such controls;

(7)
A clear and concise statement describing the efforts of the regulated
entity to protect personal reproductive or sexual health information
from unauthorized disclosure.

Sec.
3732.05.
(A)
Any individual alleging a violation of sections 3732.02 to 3732.04 of
the Revised Code may bring a civil action in any court of competent
jurisdiction.

(B)
In a civil action brought under this section in which the plaintiff
prevails, the court may award the following:

(1)
An amount not less than one hundred dollars and not greater than one
thousand dollars per violation per day, or actual damages, whichever
is greater;

(2)
Punitive damages;

(3)
Reasonable attorneys' fees and litigation costs;

(4)
Any other relief, including equitable or declaratory relief, that the
court determines appropriate.

(C)
A violation of sections 3732.02 to 3732.04 of the Revised Code
constitutes a concrete and particularized injury in fact to the
individual to whom such information relates.

(D)(1)
Notwithstanding any other provision of law, no pre-dispute
arbitration agreement or pre-dispute joint-action waiver is valid or
enforceable with respect to a dispute arising under sections 3732.02
to 3732.04 of the Revised Code.

(2)
Any determination as to whether or how division (D) of this section
applies to any dispute shall be made by a court, rather than an
arbitrator, without regard to whether the agreement purports to
delegate the determination to an arbitrator.

(E)
For purposes of this section:

(1)
"Pre-dispute arbitration agreement" means any agreement to
arbitrate a dispute that has not arisen at the time of the making of
the agreement.

(2)
"Pre-dispute joint-action waiver" means an agreement that
would prohibit a party from participating in a joint, class, or
collective action in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at the time of
the making of the agreement.

Sec.
3732.06.
(A)
A violation of sections 3732.02 to 3732.04 of the Revised Code is an
unfair or deceptive act or practice in violation of section 1345.02
of the Revised Code. A person injured by a violation of those
sections has a cause of action and is entitled to the same relief
available to a consumer under section 1345.09 of the Revised Code.

(B)
The attorney general shall enforce sections 3732.02 to 3732.04 of the
Revised Code in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as applicable for violations of
sections 1345.01 to 1345.13 of the Revised Code. Any regulated entity
that violates those sections is subject to the provisions, including
penalties, of Chapter 1345. of the Revised Code.

(C)
The attorney general may adopt rules as necessary to implement and
enforce sections 3732.02 to 3732.04 of the Revised Code. Any rules
shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec.
3732.07.
As
used in sections 3732.07 to 3732.09 of the Revised Code:

(A)
"Abusive litigant" means a person who voluntarily initiates
or intervenes in abusive litigation.

(B)
"Abusive litigation" means litigation or other legal
action, whether civil or criminal in nature, that is intended to
deter, prevent, sanction or punish any person providing or obtaining
reproductive health care, or assisting another to receive or provide
reproductive health care by either of the following:

(1)
Filing or prosecuting any action where liability, in whole or in
part, is based on reproductive health care that occurred in Ohio, was
provided in Ohio, or was intended to be obtained or provided in Ohio,
including any action in which liability is based on any theory of
vicarious, joint, or several liability derived therefrom;

(2)
Attempting to enforce any order or judgment issued in connection with
any action described in division (B)(1) of this section against an
Ohio protected party.

(C)
"Contraception" means any medication, device, procedure, or
practice designed or employed to prevent pregnancy, the use of which
is lawful in Ohio.

(D)
"Protected party" means a reproductive health care
provider, a reproductive health care helper, or an individual
accessing or seeking to access reproductive health care in Ohio.

(E)
"Reproductive health care" means all medical, surgical,
counseling, or referral services that are lawful in Ohio or the
receipt of products relating to the human reproductive system that is
lawful in Ohio, including services or products relating to the use or
intended use of a particular medicine or device, medical service or
procedure, practice, or similar intervention, that are related to the
human reproductive system, including fertility-related medical
procedures or medicines; sexually transmitted disease prevention,
testing, or treatment; gender affirming care; and family planning
services and counseling, such as those related to birth control
medication or supplies, other contraception methods, sterilization
procedures, pregnancy testing, or the intended or actual initiation
or termination of a pregnancy.

(F)
"Reproductive health care helper" means a person who
facilitates or otherwise has supported or is supporting an individual
in seeking or receiving reproductive health care in Ohio, including a
person who provides funding, lodging, transportation, doula services,
information, data sharing services such as electronic medical records
programs, or other financial or practical support to an individual
seeking or receiving reproductive health care.

(G)
"Take part in abusive litigation" means to voluntarily
engage in abusive litigation without legal compulsion in a manner
that is intended to deter, prevent, sanction, or punish a protected
party for such party's connection to reproductive health care in
Ohio.

(H)
"Wrongful action" means the procurement, initiation, or
continuation of abusive litigation that causes harm to a protected
party where any of the following apply:

(1)
An Ohio court definitively concludes that the abusive litigation is
plainly baseless as a matter of law.

(2)
The abusive litigation at issue was voluntarily withdrawn or
dismissed and there was no objective basis to conclude the abusive
litigation would result in an enforceable judgment against the
protected party.

(3)
The abusive litigation was dismissed by a court and there was no
objective basis to conclude the abusive litigation would result in an
enforceable judgment against the protected party.

(4)
An abusive litigant has obtained a judgment in a foreign state
through abusive litigation and sought to enforce such judgment in
Ohio but enforcement has been refused because the judgment is penal
in nature or proscribes future conduct, the original court lacked
jurisdiction, or the court has otherwise recognized an exception to
recognition of such judgment, and there was no objective basis to
conclude the judgment would be enforceable against the protected
party in Ohio.

(5)
An abusive litigant has collected on a judgment obtained through
abusive litigation predicated, in whole or in material part, on
conduct that occurred in Ohio and to which all of the following
apply:

(a)
The conduct was lawful in Ohio at the time it took place.

(b)
There is no comparable cause of action or liability under Ohio law.

(c)
There is no law or legal principle that prevents the recoupment of
damages for the harm caused to the protected party aggrieved by such
abusive litigation.

Sec.
3732.08.
(A)
No person shall take part in abusive litigation against any Ohio
reproductive health care patient, that such person knows or should
know will constitute a wrongful action where liability, in whole or
in part, is based on an individual seeking or receiving reproductive
health care in Ohio that is lawful in Ohio.

(B)(1)
Except as provided in division (B)(2) of this section, no person
shall take part in abusive litigation against a reproductive health
care provider or reproductive health care helper that such person
knows or should know will constitute a wrongful action where
liability, in whole or in part, is related to either of the
following:

(a)
The alleged provision of, the alleged seeking of, or an individual
allegedly receiving reproductive health care in Ohio;

(b)
The alleged aiding or assisting in the provision, seeking, or receipt
of reproductive health care in Ohio that is lawful in Ohio.

(2)
Division (B)(1) of this section does not apply to either of the
following:

(a)
A tort, contract, or statute-based litigation, if a similar claim
would exist under Ohio law if brought by the individual who received
the reproductive health care service on which the original lawsuit
was based, or if brought by the individual's authorized legal
representative, for damages suffered from harm to the individual or
another's loss of consortium with the individual;

(b)
A breach of contract litigation, if a similar claim would exist under
Ohio law if brought or sought to be enforced by a party with a
contractual relationship with the person that is the subject of the
action in another state.

(C)
Any person aggrieved by a wrongful action in violation of this
section may bring a civil action in a court of competent jurisdiction
against an abusive litigant and may recover, for each violation, the
following:

(1)
Actual damages created by the wrongful action, including money
damages in the amount of any judgment awarded in such wrongful
action, and reasonable attorney's fees and costs incurred to defend
against such wrongful action, whether or not a judgment was awarded;

(2)
Reasonable attorneys' fees and costs incurred to bring an action
under this section;

(3)
Any other legal or equitable relief as the court may determine
appropriate to remedy the violation.

Sec.
3732.09.
(A)
Nothing in sections 3732.01 to 3732.09 of the Revised Code shall be
construed to do the following:

(1)
Apply to a lawsuit brought in another jurisdiction where no part of
the acts that formed the basis for liability occurred in Ohio or
application of sections 3732.01 to 3732.09 of the Revised Code would
result in the extraterritorial application of those sections in a
manner that is not incidental;

(2)
Limit the rights of an aggrieved person to recover damages or seek
legal protection under any other applicable law or legal theory.

(B)
The provisions of sections 3732.01 to 3732.09 of the Revised Code
shall be interpreted consistently with the United States Constitution
and other applicable law and shall not unlawfully prohibit
constitutionally protected activity.

Sec.
3732.11.
(A)
No health care provider or health care facility shall be required or
compelled to provide patient records to any out-of-state third party,
including the federal government, another state, any political
subdivision, or a law enforcement agency.

(B)
For purposes of this section:

(1)
"Health care facility" has the same meaning as in section
2925.11 of the Revised Code.

(2)
"Health care provider" has the same meaning as in section
2305.2311 of the Revised Code.

Sec.
4112.01.
(A)
As used in this chapter:

(1)
"Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers, and other organized
groups of persons. "Person" also includes, but is not
limited to, any owner, lessor, assignor, builder, manager, broker,
salesperson, appraiser, agent, employee, lending institution, and the
state and all political subdivisions, authorities, agencies, boards,
and commissions of the state.

(2)
"Employer" means the state, any political subdivision of
the state, or a person employing four or more persons within the
state, and any agent of the state, political subdivision, or person.

(3)
"Employee" means an individual employed by any employer but
does not include any individual employed in the domestic service of
any person.

(4)
"Labor organization" includes any organization that exists,
in whole or in part, for the purpose of collective bargaining or of
dealing with employers concerning grievances, terms or conditions of
employment, or other mutual aid or protection in relation to
employment.

(5)
"Employment agency" includes any person regularly
undertaking, with or without compensation, to procure opportunities
to work or to procure, recruit, refer, or place employees.

(6)
"Commission" means the Ohio civil rights commission created
by section 4112.03 of the Revised Code.

(7)
"Discriminate" includes segregate or separate.

(8)
"Unlawful discriminatory practice" means any act prohibited
by section 4112.02, 4112.021, or 4112.022 of the Revised Code.

(9)
"Place of public accommodation" means any inn, restaurant,
eating house, barbershop, public conveyance by air, land, or water,
theater, store, other place for the sale of merchandise, or any other
place of public accommodation or amusement of which the
accommodations, advantages, facilities, or privileges are available
to the public.

(10)
"Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or occupied
as the home residence, dwelling, dwelling unit, or sleeping place of
one or more individuals, groups, or families whether or not living
independently of each other; and any vacant land offered for sale or
lease. "Housing accommodations" also includes any housing
accommodations held or offered for sale or rent by a real estate
broker, salesperson, or agent, by any other person pursuant to
authorization of the owner, by the owner, or by the owner's legal
representative.

(11)
"Restrictive covenant" means any specification limiting the
transfer, rental, lease, or other use of any housing accommodations
because of race, color, religion, sex, military status, familial
status, national origin, disability, or ancestry, or any limitation
based upon affiliation with or approval by any person, directly or
indirectly, employing race, color, religion, sex, military status,
familial status, national origin, disability, or ancestry as a
condition of affiliation or approval.

(12)
"Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including, but
not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations incorporated
for cemetery purposes.

(13)
"Disability" means a physical or mental impairment that
substantially limits one or more major life activities, including the
functions of caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working; a record
of a physical or mental impairment; or being regarded as having a
physical or mental impairment.

(14)
Except as otherwise provided in section 4112.021 of the Revised Code,
"age" means an individual aged forty years or older.

(15)
"Familial status" means either of the following:

(a)
One or more individuals who are under eighteen years of age and who
are domiciled with a parent or guardian having legal custody of the
individual or domiciled, with the written permission of the parent or
guardian having legal custody, with a designee of the parent or
guardian;

(b)
Any person who is pregnant or in the process of securing legal
custody of any individual who is under eighteen years of age.

(16)(a)
Except as provided in division (A)(16)(b) of this section, "physical
or mental impairment" includes any of the following:

(i)
Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genito-urinary; hemic and lymphatic; skin; and endocrine;

(ii)
Any mental or psychological disorder, including, but not limited to,
intellectual disability, organic brain syndrome, emotional or mental
illness, and specific learning disabilities;

(iii)
Diseases and conditions, including, but not limited to, orthopedic,
visual, speech, and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, human immunodeficiency virus infection,
intellectual disability, emotional illness, drug addiction, and
alcoholism.

(b)
"Physical or mental impairment" does not include any of the
following:

(i)
Homosexuality and bisexuality;

(ii)
Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,
gender identity disorders not resulting from physical impairments, or
other sexual behavior disorders;

(iii)
Compulsive gambling, kleptomania, or pyromania;

(iv)
Psychoactive substance use disorders resulting from the current
illegal use of a controlled substance or the current use of alcoholic
beverages.

(17)
"Dwelling unit" means a single unit of residence for a
family of one or more persons.

(18)
"Common use areas" means rooms, spaces, or elements inside
or outside a building that are made available for the use of
residents of the building or their guests, and includes, but is not
limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms,
mail rooms, recreational areas, and passageways among and between
buildings.

(19)
"Public use areas" means interior or exterior rooms or
spaces of a privately or publicly owned building that are made
available to the general public.

(20)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(21)
"Disabled tenant" means a tenant or prospective tenant who
is a person with a disability.

(22)
"Military status" means a person's status in "service
in the uniformed services" as defined in section 5923.05 of the
Revised Code.

(23)
"Aggrieved person" includes both of the following:

(a)
Any person who claims to have been injured by any unlawful
discriminatory practice described in division (H) of section 4112.02
of the Revised Code;

(b)
Any person who believes that the person will be injured by any
unlawful discriminatory practice described in division (H) of section
4112.02 of the Revised Code that is about to occur.

(24)
"Unlawful discriminatory practice relating to employment"
means both of the following:

(a)
An unlawful discriminatory practice that is prohibited by division
(A), (B), (C), (D), (E), or (F) of section 4112.02 of the Revised
Code;

(b)
An unlawful discriminatory practice that is prohibited by division
(I) or (J) of section 4112.02 of the Revised Code that is related to
employment.

(25)
"Notice of right to sue" means a notice sent by the
commission to a person who files a charge under section 4112.051 of
the Revised Code that states that the person who filed the charge may
bring a civil action related to the charge pursuant to section
4112.052 or 4112.14 of the Revised Code, in accordance with section
4112.052 of the Revised Code.

(B)
For the purposes of divisions (A) to (F) of section 4112.02 of the
Revised Code, the terms "because of sex" and "on the
basis of sex" include, but are not limited to, because of or on
the basis of pregnancy, any illness arising out of and occurring
during the course of a pregnancy, childbirth,
abortion,
miscarriage, family planning,
or
related medical conditions. Women affected by pregnancy, childbirth,

abortion, miscarriage, family planning,

or related medical conditions shall be treated the same for all
employment-related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but similar
in their ability or inability to work, and nothing in division (B) of
section 4111.17 of the Revised Code shall be interpreted to permit
otherwise. This division shall not be construed to require an
employer to pay for health insurance benefits for abortion, except
where the life of the mother would be endangered if the fetus were
carried to term or except where medical complications have arisen
from the abortion, provided that nothing in this division precludes
an employer from providing abortion benefits or otherwise affects
bargaining agreements in regard to abortion.

Sec.
4112.02.
It
shall be an unlawful discriminatory practice:

(A)
For any employer
,
because of the race, color, religion, sex, military status, national
origin, disability, age, or ancestry of any person,

to discharge without just cause, to refuse to hire, or otherwise to
discriminate against
that

any

person
with respect to hire, tenure, terms, conditions, or privileges of
employment, or any matter directly or indirectly related to
employment

because of any of the following:

(1)
The race, color, religion, sex, military status, national origin,
disability, age, or ancestry of the person;

(2)
Any reproductive health decision made by the person, including a
decision to use a particular drug, device, or medical service,
including abortion and services related to a miscarriage or family
planning
.

(B)
For an employment agency or personnel placement service, because of
race, color, religion, sex, military status, national origin,
disability, age, or ancestry, to do any of the following:

(1)
Refuse or fail to accept, register, classify properly, or refer for
employment, or otherwise discriminate against any person;

(2)
Comply with a request from an employer for referral of applicants for
employment if the request directly or indirectly indicates that the
employer fails to comply with the provisions of sections 4112.01 to
4112.07 of the Revised Code.

(C)
For any labor organization to do any of the following:

(1)
Limit or classify its membership on the basis of race, color,
religion, sex, military status, national origin, disability, age, or
ancestry;

(2)
Discriminate against, limit the employment opportunities of, or
otherwise adversely affect the employment status, wages, hours, or
employment conditions of any person as an employee because of race,
color, religion, sex, military status, national origin, disability,
age, or ancestry.

(D)
For any employer, labor organization, or joint labor-management
committee controlling apprentice training programs to discriminate
against any person because of race, color, religion, sex, military
status, national origin, disability, or ancestry in admission to, or
employment in, any program established to provide apprentice
training.

(E)
Except where based on a bona fide occupational qualification
certified in advance by the commission, for any employer, employment
agency, personnel placement service, or labor organization, prior to
employment or admission to membership, to do any of the following:

(1)
Elicit or attempt to elicit any information concerning the race,
color, religion, sex, military status, national origin, disability,
age, or ancestry of an applicant for employment or membership;

(2)
Make or keep a record of the race, color, religion, sex, military
status, national origin, disability, age, or ancestry of any
applicant for employment or membership;

(3)
Use any form of application for employment, or personnel or
membership blank, seeking to elicit information regarding race,
color, religion, sex, military status, national origin, disability,
age, or ancestry; but an employer holding a contract containing a
nondiscrimination clause with the government of the United States, or
any department or agency of that government, may require an employee
or applicant for employment to furnish documentary proof of United
States citizenship and may retain that proof in the employer's
personnel records and may use photographic or fingerprint
identification for security purposes;

(4)
Print or publish or cause to be printed or published any notice or
advertisement relating to employment or membership indicating any
preference, limitation, specification, or discrimination, based upon
race, color, religion, sex, military status, national origin,
disability, age, or ancestry;

(5)
Announce or follow a policy of denying or limiting, through a quota
system or otherwise, employment or membership opportunities of any
group because of the race, color, religion, sex, military status,
national origin, disability, age, or ancestry of that group;

(6)
Utilize in the recruitment or hiring of persons any employment
agency, personnel placement service, training school or center, labor
organization, or any other employee-referring source known to
discriminate against persons because of their race, color, religion,
sex, military status, national origin, disability, age, or ancestry.

(F)
For any person seeking employment to publish or cause to be published
any advertisement that specifies or in any manner indicates that
person's race, color, religion, sex, military status, national
origin, disability, age, or ancestry, or expresses a limitation or
preference as to the race, color, religion, sex, military status,
national origin, disability, age, or ancestry of any prospective
employer.

(G)
For any proprietor or any employee, keeper, or manager of a place of
public accommodation to deny to any person, except for reasons
applicable alike to all persons regardless of race, color, religion,
sex, military status, national origin, disability, age, or ancestry,
the full enjoyment of the accommodations, advantages, facilities, or
privileges of the place of public accommodation.

(H)
Subject to section 4112.024 of the Revised Code, for any person to do
any of the following:

(1)
Refuse to sell, transfer, assign, rent, lease, sublease, or finance
housing accommodations, refuse to negotiate for the sale or rental of
housing accommodations, or otherwise deny or make unavailable housing
accommodations because of race, color, religion, sex, military
status, familial status, ancestry, disability, or national origin;

(2)
Represent to any person that housing accommodations are not available
for inspection, sale, or rental, when in fact they are available,
because of race, color, religion, sex, military status, familial
status, ancestry, disability, or national origin;

(3)
Discriminate against any person in the making or purchasing of loans
or the provision of other financial assistance for the acquisition,
construction, rehabilitation, repair, or maintenance of housing
accommodations, or any person in the making or purchasing of loans or
the provision of other financial assistance that is secured by
residential real estate, because of race, color, religion, sex,
military status, familial status, ancestry, disability, or national
origin or because of the racial composition of the neighborhood in
which the housing accommodations are located, provided that the
person, whether an individual, corporation, or association of any
type, lends money as one of the principal aspects or incident to the
person's principal business and not only as a part of the purchase
price of an owner-occupied residence the person is selling nor merely
casually or occasionally to a relative or friend;

(4)
Discriminate against any person in the terms or conditions of
selling, transferring, assigning, renting, leasing, or subleasing any
housing accommodations or in furnishing facilities, services, or
privileges in connection with the ownership, occupancy, or use of any
housing accommodations, including the sale of fire, extended
coverage, or homeowners insurance, because of race, color, religion,
sex, military status, familial status, ancestry, disability, or
national origin or because of the racial composition of the
neighborhood in which the housing accommodations are located;

(5)
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by mortgage or otherwise, for
the acquisition, construction, rehabilitation, repair, or maintenance
of housing accommodations because of race, color, religion, sex,
military status, familial status, ancestry, disability, or national
origin or because of the racial composition of the neighborhood in
which the housing accommodations are located;

(6)
Refuse to consider without prejudice the combined income of both
husband and wife for the purpose of extending mortgage credit to a
married couple or either member of a married couple;

(7)
Print, publish, or circulate any statement or advertisement, or make
or cause to be made any statement or advertisement, relating to the
sale, transfer, assignment, rental, lease, sublease, or acquisition
of any housing accommodations, or relating to the loan of money,
whether or not secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair, or maintenance of housing
accommodations, that indicates any preference, limitation,
specification, or discrimination based upon race, color, religion,
sex, military status, familial status, ancestry, disability, or
national origin, or an intention to make any such preference,
limitation, specification, or discrimination;

(8)
Except as otherwise provided in division (H)(8) or (17) of this
section, make any inquiry, elicit any information, make or keep any
record, or use any form of application containing questions or
entries concerning race, color, religion, sex, military status,
familial status, ancestry, disability, or national origin in
connection with the sale or lease of any housing accommodations or
the loan of any money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation, repair,
or maintenance of housing accommodations. Any person may make
inquiries, and make and keep records, concerning race, color,
religion, sex, military status, familial status, ancestry,
disability, or national origin for the purpose of monitoring
compliance with this chapter.

(9)
Include in any transfer, rental, or lease of housing accommodations
any restrictive covenant, or honor or exercise, or attempt to honor
or exercise, any restrictive covenant;

(10)
Induce or solicit, or attempt to induce or solicit, a housing
accommodations listing, sale, or transaction by representing that a
change has occurred or may occur with respect to the racial,
religious, sexual, military status, familial status, or ethnic
composition of the block, neighborhood, or other area in which the
housing accommodations are located, or induce or solicit, or attempt
to induce or solicit, a housing accommodations listing, sale, or
transaction by representing that the presence or anticipated presence
of persons of any race, color, religion, sex, military status,
familial status, ancestry, disability, or national origin, in the
block, neighborhood, or other area will or may have results
including, but not limited to, the following:

(a)
The lowering of property values;

(b)
A change in the racial, religious, sexual, military status, familial
status, or ethnic composition of the block, neighborhood, or other
area;

(c)
An increase in criminal or antisocial behavior in the block,
neighborhood, or other area;

(d)
A decline in the quality of the schools serving the block,
neighborhood, or other area.

(11)
Deny any person access to or membership or participation in any
multiple-listing service, real estate brokers' organization, or other
service, organization, or facility relating to the business of
selling or renting housing accommodations, or discriminate against
any person in the terms or conditions of that access, membership, or
participation, on account of race, color, religion, sex, military
status, familial status, national origin, disability, or ancestry;

(12)
Coerce, intimidate, threaten, or interfere with any person in the
exercise or enjoyment of, or on account of that person's having
exercised or enjoyed or having aided or encouraged any other person
in the exercise or enjoyment of, any right granted or protected by
division (H) of this section;

(13)
Discourage or attempt to discourage the purchase by a prospective
purchaser of housing accommodations, by representing that any block,
neighborhood, or other area has undergone or might undergo a change
with respect to its religious, racial, sexual, military status,
familial status, or ethnic composition;

(14)
Refuse to sell, transfer, assign, rent, lease, sublease, or finance,
or otherwise deny or withhold, a burial lot from any person because
of the race, color, sex, military status, familial status, age,
ancestry, disability, or national origin of any prospective owner or
user of the lot;

(15)
Discriminate in the sale or rental of, or otherwise make unavailable
or deny, housing accommodations to any buyer or renter because of a
disability of any of the following:

(a)
The buyer or renter;

(b)
A person residing in or intending to reside in the housing
accommodations after they are sold, rented, or made available;

(c)
Any individual associated with the person described in division
(H)(15)(b) of this section.

(16)
Discriminate in the terms, conditions, or privileges of the sale or
rental of housing accommodations to any person or in the provision of
services or facilities to any person in connection with the housing
accommodations because of a disability of any of the following:

(a)
That person;

(b)
A person residing in or intending to reside in the housing
accommodations after they are sold, rented, or made available;

(c)
Any individual associated with the person described in division
(H)(16)(b) of this section.

(17)
Except as otherwise provided in division (H)(17) of this section,
make an inquiry to determine whether an applicant for the sale or
rental of housing accommodations, a person residing in or intending
to reside in the housing accommodations after they are sold, rented,
or made available, or any individual associated with that person has
a disability, or make an inquiry to determine the nature or severity
of a disability of the applicant or such a person or individual. The
following inquiries may be made of all applicants for the sale or
rental of housing accommodations, regardless of whether they have
disabilities:

(a)
An inquiry into an applicant's ability to meet the requirements of
ownership or tenancy;

(b)
An inquiry to determine whether an applicant is qualified for housing
accommodations available only to persons with disabilities or persons
with a particular type of disability;

(c)
An inquiry to determine whether an applicant is qualified for a
priority available to persons with disabilities or persons with a
particular type of disability;

(d)
An inquiry to determine whether an applicant currently uses a
controlled substance in violation of section 2925.11 of the Revised
Code or a substantively comparable municipal ordinance;

(e)
An inquiry to determine whether an applicant at any time has been
convicted of or pleaded guilty to any offense, an element of which is
the illegal sale, offer to sell, cultivation, manufacture, other
production, shipment, transportation, delivery, or other distribution
of a controlled substance.

(18)(a)
Refuse to permit, at the expense of a person with a disability,
reasonable modifications of existing housing accommodations that are
occupied or to be occupied by the person with a disability, if the
modifications may be necessary to afford the person with a disability
full enjoyment of the housing accommodations. This division does not
preclude a landlord of housing accommodations that are rented or to
be rented to a tenant with a disability from conditioning permission
for a proposed modification upon the tenant with a disability doing
one or more of the following:

(i)
Providing a reasonable description of the proposed modification and
reasonable assurances that the proposed modification will be made in
a workerlike manner and that any required building permits will be
obtained prior to the commencement of the proposed modification;

(ii)
Agreeing to restore at the end of the tenancy the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear during
the period of occupancy, if it is reasonable for the landlord to
condition permission for the proposed modification upon the
agreement;

(iii)
Paying into an interest-bearing escrow account that is in the
landlord's name, over a reasonable period of time, a reasonable
amount of money not to exceed the projected costs at the end of the
tenancy of the restoration of the interior of the housing
accommodations to the condition they were in prior to the proposed
modification, but subject to reasonable wear and tear during the
period of occupancy, if the landlord finds the account reasonably
necessary to ensure the availability of funds for the restoration
work. The interest earned in connection with an escrow account
described in this division shall accrue to the benefit of the tenant
with a disability who makes payments into the account.

(b)
A landlord shall not condition permission for a proposed modification
upon a tenant with a disability's payment of a security deposit that
exceeds the customarily required security deposit of all tenants of
the particular housing accommodations.

(19)
Refuse to make reasonable accommodations in rules, policies,
practices, or services when necessary to afford a person with a
disability equal opportunity to use and enjoy a dwelling unit,
including associated public and common use areas;

(20)
Fail to comply with the standards and rules adopted under division
(A) of section 3781.111 of the Revised Code;

(21)
Discriminate against any person in the selling, brokering, or
appraising of real property because of race, color, religion, sex,
military status, familial status, ancestry, disability, or national
origin;

(22)
Fail to design and construct covered multifamily dwellings for first
occupancy on or after June 30, 1992, in accordance with the following
conditions:

(a)
The dwellings shall have at least one building entrance on an
accessible route, unless it is impractical to do so because of the
terrain or unusual characteristics of the site.

(b)
With respect to dwellings that have a building entrance on an
accessible route, all of the following apply:

(i)
The public use areas and common use areas of the dwellings shall be
readily accessible to and usable by persons with a disability.

(ii)
All the doors designed to allow passage into and within all premises
shall be sufficiently wide to allow passage by persons with a
disability who are in wheelchairs.

(iii)
All premises within covered multifamily dwelling units shall contain
an accessible route into and through the dwelling; all light
switches, electrical outlets, thermostats, and other environmental
controls within such units shall be in accessible locations; the
bathroom walls within such units shall contain reinforcements to
allow later installation of grab bars; and the kitchens and bathrooms
within such units shall be designed and constructed in a manner that
enables an individual in a wheelchair to maneuver about such rooms.

For
purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or
more units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.

(I)
For any person to discriminate in any manner against any other person
because that person has opposed any unlawful discriminatory practice
defined in this section or because that person has made a charge,
testified, assisted, or participated in any manner in any
investigation, proceeding, or hearing under sections 4112.01 to
4112.07 of the Revised Code.

(J)
For any person to aid, abet, incite, compel, or coerce the doing of
any act declared by this section to be an unlawful discriminatory
practice, to obstruct or prevent any person from complying with this
chapter or any order issued under it, or to attempt directly or
indirectly to commit any act declared by this section to be an
unlawful discriminatory practice.

(K)
Nothing in divisions (A) to (E) of this section shall be construed to
require a person with a disability to be employed or trained under
circumstances that would significantly increase the occupational
hazards affecting either the person with a disability, other
employees, the general public, or the facilities in which the work is
to be performed, or to require the employment or training of a person
with a disability in a job that requires the person with a disability
routinely to undertake any task, the performance of which is
substantially and inherently impaired by the person's disability.

(L)
With regard to age, it shall not be an unlawful discriminatory
practice and it shall not constitute a violation of division (A) of
section 4112.14 of the Revised Code for any employer, employment
agency, joint labor-management committee controlling apprenticeship
training programs, or labor organization to do any of the following:

(1)
Establish bona fide employment qualifications reasonably related to
the particular business or occupation that may include standards for
skill, aptitude, physical capability, intelligence, education,
maturation, and experience;

(2)
Observe the terms of a bona fide seniority system or any bona fide
employee benefit plan, including, but not limited to, a retirement,
pension, or insurance plan, that is not a subterfuge to evade the
purposes of this section. However, no such employee benefit plan
shall excuse the failure to hire any individual, and no such
seniority system or employee benefit plan shall require or permit the
involuntary retirement of any individual, because of the individual's
age except as provided for in the "Age Discrimination in
Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A.
623, as amended by the "Age Discrimination in Employment Act
Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 623, as
amended.

(3)
Retire an employee who has attained sixty-five years of age who, for
the two-year period immediately before retirement, is employed in a
bona fide executive or a high policymaking position, if the employee
is entitled to an immediate nonforfeitable annual retirement benefit
from a pension, profit-sharing, savings, or deferred compensation
plan, or any combination of those plans, of the employer of the
employee, which equals, in the aggregate, at least forty-four
thousand dollars, in accordance with the conditions of the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
631, as amended;

(4)
Observe the terms of any bona fide apprenticeship program if the
program is registered with the Ohio apprenticeship council pursuant
to sections 4139.01 to 4139.06 of the Revised Code and is approved by
the federal committee on apprenticeship of the United States
department of labor.

(M)
Nothing in this chapter prohibiting age discrimination and nothing in
division (A) of section 4112.14 of the Revised Code shall be
construed to prohibit the following:

(1)
The designation of uniform age the attainment of which is necessary
for public employees to receive pension or other retirement benefits
pursuant to Chapter 145., 742., 3307., 3309., or 5505. of the Revised
Code;

(2)
The mandatory retirement of uniformed patrol officers of the state
highway patrol as provided in section 5505.16 of the Revised Code;

(3)
The maximum age requirements for appointment as a patrol officer in
the state highway patrol established by section 5503.01 of the
Revised Code;

(4)
The maximum age requirements established for original appointment to
a police department or fire department in sections 124.41 and 124.42
of the Revised Code;

(5)
Any maximum age not in conflict with federal law that may be
established by a municipal charter, municipal ordinance, or
resolution of a board of township trustees for original appointment
as a police officer or firefighter;

(6)
Any mandatory retirement provision not in conflict with federal law
of a municipal charter, municipal ordinance, or resolution of a board
of township trustees pertaining to police officers and firefighters;

(7)
Until January 1, 1994, the mandatory retirement of any employee who
has attained seventy years of age and who is serving under a contract
of unlimited tenure, or similar arrangement providing for unlimited
tenure, at an institution of higher education as defined in the
"Education Amendments of 1980," 94 Stat. 1503, 20 U.S.C.A.
1141(a).

(N)(1)(a)
Except as provided in division (N)(1)(b) of this section, for
purposes of divisions (A) to (E) of this section, a disability does
not include any physiological disorder or condition, mental or
psychological disorder, or disease or condition caused by an illegal
use of any controlled substance by an employee, applicant, or other
person, if an employer, employment agency, personnel placement
service, labor organization, or joint labor-management committee acts
on the basis of that illegal use.

(b)
Division (N)(1)(a) of this section does not apply to an employee,
applicant, or other person who satisfies any of the following:

(i)
The employee, applicant, or other person has successfully completed a
supervised drug rehabilitation program and no longer is engaging in
the illegal use of any controlled substance, or the employee,
applicant, or other person otherwise successfully has been
rehabilitated and no longer is engaging in that illegal use.

(ii)
The employee, applicant, or other person is participating in a
supervised drug rehabilitation program and no longer is engaging in
the illegal use of any controlled substance.

(iii)
The employee, applicant, or other person is erroneously regarded as
engaging in the illegal use of any controlled substance, but the
employee, applicant, or other person is not engaging in that illegal
use.

(2)
Divisions (A) to (E) of this section do not prohibit an employer,
employment agency, personnel placement service, labor organization,
or joint labor-management committee from doing any of the following:

(a)
Adopting or administering reasonable policies or procedures,
including, but not limited to, testing for the illegal use of any
controlled substance, that are designed to ensure that an individual
described in division (N)(1)(b)(i) or (ii) of this section no longer
is engaging in the illegal use of any controlled substance;

(b)
Prohibiting the illegal use of controlled substances and the use of
alcohol at the workplace by all employees;

(c)
Requiring that employees not be under the influence of alcohol or not
be engaged in the illegal use of any controlled substance at the
workplace;

(d)
Requiring that employees behave in conformance with the requirements
established under "The Drug-Free Workplace Act of 1988,"
102 Stat. 4304, 41 U.S.C.A. 701, as amended;

(e)
Holding an employee who engages in the illegal use of any controlled
substance or who has alcoholism to the same qualification standards
for employment or job performance, and the same behavior, to which
the employer, employment agency, personnel placement service, labor
organization, or joint labor-management committee holds other
employees, even if any unsatisfactory performance or behavior is
related to an employee's illegal use of a controlled substance or
alcoholism;

(f)
Exercising other authority recognized in the "Americans with
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as
amended, including, but not limited to, requiring employees to comply
with any applicable federal standards.

(3)
For purposes of this chapter, a test to determine the illegal use of
any controlled substance does not include a medical examination.

(4)
Division (N) of this section does not encourage, prohibit, or
authorize, and shall not be construed as encouraging, prohibiting, or
authorizing, the conduct of testing for the illegal use of any
controlled substance by employees, applicants, or other persons, or
the making of employment decisions based on the results of that type
of testing.

(O)
This section does not apply to a religious corporation, association,
educational institution, or society with respect to the employment of
an individual of a particular religion to perform work connected with
the carrying on by that religious corporation, association,
educational institution, or society of its activities.

The
unlawful discriminatory practices defined in this section do not make
it unlawful for a person or an appointing authority administering an
examination under section 124.23 of the Revised Code to obtain
information about an applicant's military status for the purpose of
determining if the applicant is eligible for the additional credit
that is available under that section.

Sec.
4729.291.
(A)
Except when provided under section 4731.97 of the Revised Code, when
a licensed health professional authorized to prescribe drugs
personally furnishes drugs to a patient pursuant to division (B) of
section 4729.29 of the Revised Code, the prescriber shall ensure that
the drugs are labeled and packaged in accordance with state and
federal drug laws and any rules and regulations adopted pursuant to
those laws. Records of purchase and disposition of all drugs
personally furnished to patients shall be maintained by the
prescriber in accordance with state and federal drug statutes and any
rules adopted pursuant to those statutes.

(B)
When personally furnishing to a patient RU-486 (mifepristone), a
prescriber is subject to
sections

section

2919.123

and
2919.124
of
the Revised Code.

(C)(1)
Except as provided in divisions (D) and (E) of this section, no
prescriber shall do either of the following:

(a)
In any thirty-day period, personally furnish to or for patients,
taken as a whole, controlled substances in an amount that exceeds a
total of two thousand five hundred dosage units;

(b)
In any seventy-two-hour period, personally furnish to or for a
patient an amount of a controlled substance that exceeds the amount
necessary for the patient's use in a seventy-two-hour period.

(2)
The state board of pharmacy may impose a fine of not more than five
thousand dollars on a prescriber who fails to comply with the limits
established under division (C)(1) of this section. A separate fine
may be imposed for each instance of failing to comply with the
limits. In imposing the fine, the board's actions shall be taken in
accordance with Chapter 119. of the Revised Code.

(D)
None of the following shall be counted in determining whether the
amounts specified in division (C)(1) of this section have been
exceeded:

(1)
Methadone personally furnished to patients for the purpose of
treating drug dependence or addiction, if the prescriber meets the
conditions specified in 21 C.F.R. 1306.07;

(2)
Buprenorphine personally furnished to patients for the purpose of
treating drug dependence or addiction as part of an opioid treatment
program licensed under section 5119.37 of the Revised Code.

(3)
Controlled substances personally furnished to research subjects by a
facility conducting clinical research in studies approved by a
hospital-based institutional review board or an institutional review
board accredited by the association for the accreditation of human
research protection programs.

(E)
Division (C)(1) of this section does not apply to a prescriber who is
a veterinarian.

Sec.
4731.22.
(A)
The state medical board, by an affirmative vote of not fewer than six
of its members, may limit, revoke, or suspend a license or
certificate to practice or certificate to recommend, refuse to grant
a license or certificate, refuse to renew a license or certificate,
refuse to reinstate a license or certificate, or reprimand or place
on probation the holder of a license or certificate if the individual
applying for or holding the license or certificate is found by the
board to have committed fraud during the administration of the
examination for a license or certificate to practice or to have
committed fraud, misrepresentation, or deception in applying for,
renewing, or securing any license or certificate to practice or
certificate to recommend issued by the board.

(B)
Except as provided in division (P) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend a license or certificate
to practice or certificate to recommend, refuse to issue a license or
certificate, refuse to renew a license or certificate, refuse to
reinstate a license or certificate, or reprimand or place on
probation the holder of a license or certificate for one or more of
the following reasons:

(1)
Permitting one's name or one's license or certificate to practice to
be used by a person, group, or corporation when the individual
concerned is not actually directing the treatment given;

(2)
Failure to maintain minimal standards applicable to the selection or
administration of drugs, or failure to employ acceptable scientific
methods in the selection of drugs or other modalities for treatment
of disease;

(3)
Except as provided in section 4731.97 of the Revised Code, selling,
giving away, personally furnishing, prescribing, or administering
drugs for other than legal and legitimate therapeutic purposes or a
plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;

(4)
Willfully betraying a professional confidence.

For
purposes of this division, "willfully betraying a professional
confidence" does not include providing any information,
documents, or reports under sections 307.621 to 307.629 of the
Revised Code to a child fatality review board; does not include
providing any information, documents, or reports under sections
307.631 to 307.6410 of the Revised Code to a drug overdose fatality
review committee, a suicide fatality review committee, or hybrid drug
overdose fatality and suicide fatality review committee; does not
include providing any information, documents, or reports under
sections 307.651 to 307.659 of the Revised Code to a domestic
violence fatality review board; does not include providing any
information, documents, or reports to the director of health pursuant
to guidelines established under section 3701.70 of the Revised Code;
does not include written notice to a mental health professional under
section 4731.62 of the Revised Code; and does not include the making
of a report of an employee's use of a drug of abuse, or a report of a
condition of an employee other than one involving the use of a drug
of abuse, to the employer of the employee as described in division
(B) of section 2305.33 of the Revised Code. Nothing in this division
affects the immunity from civil liability conferred by section
2305.33 or 4731.62 of the Revised Code upon a physician who makes a
report in accordance with section 2305.33 or notifies a mental health
professional in accordance with section 4731.62 of the Revised Code.
As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section
2305.33 of the Revised Code.

(5)
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients; in relation to the
practice of medicine and surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, or a limited branch of medicine; or
in securing or attempting to secure any license or certificate to
practice issued by the board.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(6)
A departure from, or the failure to conform to, minimal standards of
care of similar practitioners under the same or similar
circumstances, whether or not actual injury to a patient is
established;

(7)
Representing, with the purpose of obtaining compensation or other
advantage as personal gain or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(8)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(9)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(10)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(12)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Violation of the conditions of limitation placed by the board upon a
license or certificate to practice;

(16)
Failure to pay license renewal fees specified in this chapter;

(17)
Except as authorized in section 4731.31 of the Revised Code, engaging
in the division of fees for referral of patients, or the receiving of
a thing of value in return for a specific referral of a patient to
utilize a particular service or business;

(18)
Subject to section 4731.226 of the Revised Code, violation of any
provision of a code of ethics of the American medical association,
the American osteopathic association, the American podiatric medical
association, or any other national professional organizations that
the board specifies by rule. The state medical board shall obtain and
keep on file current copies of the codes of ethics of the various
national professional organizations. The individual whose license or
certificate is being suspended or revoked shall not be found to have
violated any provision of a code of ethics of an organization not
appropriate to the individual's profession.

For
purposes of this division, a "provision of a code of ethics of a
national professional organization" does not include any
provision that would preclude the making of a report by a physician
of an employee's use of a drug of abuse, or of a condition of an
employee other than one involving the use of a drug of abuse, to the
employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with division
(B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.

(19)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including, but not limited to, physical deterioration that adversely
affects cognitive, motor, or perceptive skills.

In
enforcing this division, the board, upon a showing of a possible
violation, shall refer any individual who is authorized to practice
by this chapter or who has submitted an application pursuant to this
chapter to the monitoring organization that conducts the confidential
monitoring program established under section 4731.25 of the Revised
Code. The board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and a physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable to
practice because of the reasons set forth in this division, the board
shall require the individual to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for initial, continued, reinstated, or renewed authority to
practice. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's license or
certificate. For the purpose of this division, any individual who
applies for or receives a license or certificate to practice under
this chapter accepts the privilege of practicing in this state and,
by so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing by
the board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(20)
Except as provided in division (F)(1)(b) of section 4731.282 of the
Revised Code or when civil penalties are imposed under section
4731.225 of the Revised Code, and subject to section 4731.226 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provisions of this chapter or any rule
promulgated by the board.

This
division does not apply to a violation or attempted violation of,
assisting in or abetting the violation of, or a conspiracy to
violate, any provision of this chapter or any rule adopted by the
board that would preclude the making of a report by a physician of an
employee's use of a drug of abuse, or of a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity from
civil liability conferred by that section upon a physician who makes
either type of report in accordance with division (B) of that
section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section
2305.33 of the Revised Code.

(21)
The violation of
section
3701.79 of the Revised Code or of
any
abortion rule adopted by the director of health pursuant to section
3701.341 of the Revised Code;

(22)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(23)
The violation of section 2919.12 of the Revised Code

or the performance or inducement of an abortion upon a pregnant woman
with actual knowledge that the conditions specified in division (B)
of section 2317.56 of the Revised Code have not been satisfied or
with a heedless indifference as to whether those conditions have been
satisfied, unless an affirmative defense as specified in division
(H)(2) of that section would apply in a civil action authorized by
division (H)(1) of that section
;

(24)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(25)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency;

(26)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice.

For
the purposes of this division, any individual authorized to practice
by this chapter accepts the privilege of practicing in this state
subject to supervision by the board. By filing an application for or
holding a license or certificate to practice under this chapter, an
individual shall be deemed to have given consent to submit to a
mental or physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility of
testimony or examination reports that constitute privileged
communications.

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for licensure or certification to
practice suffers such impairment, the board shall refer the
individual to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to be
examined. Any mental or physical examination required under this
division shall be undertaken by a treatment provider or physician who
is qualified to conduct the examination and who is approved under
section 4731.251 of the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or certificate or deny
the individual's application and shall require the individual, as a
condition for initial, continued, reinstated, or renewed licensure or
certification to practice, to submit to treatment.

Before
being eligible to apply for reinstatement of a license or certificate
suspended under this division, the impaired practitioner shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care under the provisions
of the practitioner's license or certificate. The demonstration shall
include, but shall not be limited to, the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and shall
describe the basis for their determination.

The
board may reinstate a license or certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.

When
the impaired practitioner resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include,
but not be limited to, compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of annual
written progress reports made under penalty of perjury stating
whether the individual has maintained sobriety.

(27)
A second or subsequent violation of section 4731.66 or 4731.69 of the
Revised Code;

(28)
Except as provided in division (N) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers the individual's services, otherwise
would be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from
that individual;

(b)
Advertising that the individual will waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that covers
the individual's services, otherwise would be required to pay.

(29)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(30)
Failure to provide notice to, and receive acknowledgment of the
notice from, a patient when required by section 4731.143 of the
Revised Code prior to providing nonemergency professional services,
or failure to maintain that notice in the patient's medical record;

(31)
Failure of a physician supervising a physician assistant to maintain
supervision in accordance with the requirements of Chapter 4730. of
the Revised Code and the rules adopted under that chapter;

(32)
Failure of a physician or podiatrist to enter into a standard care
arrangement with a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner with whom the
physician or podiatrist is in collaboration pursuant to section
4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard care
arrangement;

(33)
Failure to comply with the terms of a consult agreement entered into
with a pharmacist pursuant to section 4729.39 of the Revised Code;

(34)
Failure to cooperate in an investigation conducted by the board under
division (F) of this section, including failure to comply with a
subpoena or order issued by the board or failure to answer truthfully
a question presented by the board in an investigative interview, an
investigative office conference, at a deposition, or in written
interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(35)
Failure to supervise an anesthesiologist assistant in accordance with
Chapter 4760. of the Revised Code and the board's rules for
supervision of an anesthesiologist assistant;

(36)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(37)
Failure to comply with the requirements of section 2317.561 of the
Revised Code;

(38)

(37)

Failure
to supervise a radiologist assistant in accordance with Chapter 4774.
of the Revised Code and the board's rules for supervision of
radiologist assistants;

(39)
Performing or inducing an abortion at an office or facility with
knowledge that the office or facility fails to post the notice
required under section 3701.791 of the Revised Code;

(40)

(38)

Failure
to comply with the standards and procedures established in rules
under section 4731.054 of the Revised Code for the operation of or
the provision of care at a pain management clinic;

(41)

(39)

Failure
to comply with the standards and procedures established in rules
under section 4731.054 of the Revised Code for providing supervision,
direction, and control of individuals at a pain management clinic;

(42)

(40)

Failure
to comply with the requirements of section 4729.79 or 4731.055 of the
Revised Code, unless the state board of pharmacy no longer maintains
a drug database pursuant to section 4729.75 of the Revised Code;

(43)
Failure to comply with the requirements of section 2919.171,
2919.202, or 2919.203 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 or 2919.202 of the Revised
Code;

(44)

(41)

Practicing
at a facility that is subject to licensure as a category III terminal
distributor of dangerous drugs with a pain management clinic
classification unless the person operating the facility has obtained
and maintains the license with the classification;

(45)

(42)

Owning
a facility that is subject to licensure as a category III terminal
distributor of dangerous drugs with a pain management clinic
classification unless the facility is licensed with the
classification;

(46)
Failure to comply with any of the requirements regarding making or
maintaining medical records or documents described in division (A) of
section 2919.192, division (C) of section 2919.193, division (B) of
section 2919.195, or division (A) of section 2919.196 of the Revised
Code;

(47)

(43)

Failure
to comply with the requirements in section 3719.061 of the Revised
Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(48)

(44)

Failure
to comply with the requirements of section 4731.30 of the Revised
Code or rules adopted under section 4731.301 of the Revised Code when
recommending treatment with medical marijuana;

(49)

(45)

A
pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code;

(50)

(46)

Failure
to fulfill the responsibilities of a collaboration agreement entered
into with an athletic trainer as described in section 4755.621 of the
Revised Code;

(51)

(47)

Failure
to take the steps specified in section 4731.911 of the Revised Code
following an abortion or attempted abortion in an ambulatory surgical
facility or other location that is not a hospital when a child is
born alive.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or
any rule adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license or
certificate to practice or certificate to recommend. The telephone
conference call shall be considered a special meeting under division
(F) of section 121.22 of the Revised Code.

If
the board takes disciplinary action against an individual under
division (B) of this section for a second or subsequent plea of
guilty to, or judicial finding of guilt of, a violation of section
2919.123
or
2919.124
of
the Revised Code, the disciplinary action shall consist of a
suspension of the individual's license or certificate to practice for
a period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's license or
certificate to practice. Any consent agreement entered into under
this division with an individual that pertains to a second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of that section shall provide for a suspension of the
individual's license or certificate to practice for a period of at
least one year or, if determined appropriate by the board, a more
serious sanction involving the individual's license or certificate to
practice.

(D)
For purposes of divisions (B)(10), (12), and (14) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the individual committed the act. The board does not have
jurisdiction under those divisions if the trial court renders a final
judgment in the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if the trial court issues an order of dismissal upon
technical or procedural grounds.

(E)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal or expunge the records. The board
shall not be required to seal, expunge, destroy, redact, or otherwise
modify its records to reflect the court's sealing of conviction
records.

(F)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. Any person may report to the board in a signed writing any
information that the person may have that appears to show a violation
of any provision of this chapter or any rule adopted under it. In the
absence of bad faith, any person who reports information of that
nature or who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or testimony.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4731.39 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. No member of the board who supervises the investigation of a
case shall participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under this chapter, or in conducting an inspection under
division (E) of section 4731.054 of the Revised Code, the board may
question witnesses, conduct interviews, administer oaths, order the
taking of depositions, inspect and copy any books, accounts, papers,
records, or documents, issue subpoenas, and compel the attendance of
witnesses and production of books, accounts, papers, records,
documents, and testimony, except that a subpoena for patient record
information shall not be issued without consultation with the
attorney general's office and approval of the secretary of the board.

(a)
Before issuance of a subpoena for patient record information, the
secretary shall determine whether there is probable cause to believe
that the complaint filed alleges a violation of this chapter or any
rule adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

(b)
On failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

(c)
A subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or certificate issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

(d)
A sheriff's deputy who serves a subpoena shall receive the same fees
as a sheriff. Each witness who appears before the board in obedience
to a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(4)
All hearings, investigations, and inspections of the board shall be
considered civil actions for the purposes of section 2305.252 of the
Revised Code.

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation or pursuant to an inspection under division (E) of
section 4731.054 of the Revised Code is confidential and not subject
to discovery in any civil action.

The
board shall conduct all investigations or inspections and proceedings
in a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make public
the names or any other identifying information about patients or
complainants unless proper consent is given or, in the case of a
patient, a waiver of the patient privilege exists under division (B)
of section 2317.02 of the Revised Code, except that consent or a
waiver of that nature is not required if the board possesses reliable
and substantial evidence that no bona fide physician-patient
relationship exists.

The
board may share any information it receives pursuant to an
investigation or inspection, including patient records and patient
record information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised Code
or procedure of the agency or board that applies when it is dealing
with other information in its possession. In a judicial proceeding,
the information may be admitted into evidence only in accordance with
the Rules of Evidence, but the court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or complainants whose
confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure
confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.

(6)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(a)
The case number assigned to the complaint or alleged violation;

(b)
The type of license or certificate to practice, if any, held by the
individual against whom the complaint is directed;

(c)
A description of the allegations contained in the complaint;

(d)
The disposition of the case.

The
report shall state how many cases are still pending and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be a public record under
section 149.43 of the Revised Code.

(G)
If the secretary and supervising member determine both of the
following, they may recommend that the board suspend an individual's
license or certificate to practice or certificate to recommend
without a prior hearing:

(1)
That there is clear and convincing evidence that an individual has
violated division (B) of this section;

(2)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

Written
allegations shall be prepared for consideration by the board. The
board, upon review of those allegations and by an affirmative vote of
not fewer than six of its members, excluding the secretary and
supervising member, may suspend a license or certificate without a
prior hearing. A telephone conference call may be utilized for
reviewing the allegations and taking the vote on the summary
suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code. The order shall not
be subject to suspension by the court during pendency of any appeal
filed under section 119.12 of the Revised Code. If the individual
subject to the summary suspension requests an adjudicatory hearing by
the board, the date set for the hearing shall be within fifteen days,
but not earlier than seven days, after the individual requests the
hearing, unless otherwise agreed to by both the board and the
individual.

Any
summary suspension imposed under this division shall remain in
effect, unless reversed on appeal, until a final adjudicative order
issued by the board pursuant to this section and Chapter 119. of the
Revised Code becomes effective. The board shall issue its final
adjudicative order within seventy-five days after completion of its
hearing. A failure to issue the order within seventy-five days shall
result in dissolution of the summary suspension order but shall not
invalidate any subsequent, final adjudicative order.

(H)
If the board takes action under division (B)(9), (11), or (13) of
this section and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, upon exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. Upon receipt of a
petition of that nature and supporting court documents, the board
shall reinstate the individual's license or certificate to practice.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act in
question. Notice of an opportunity for a hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act or if no hearing is requested, the board
may order any of the sanctions identified under division (B) of this
section.

(I)
The license or certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123
or
2919.124
of
the Revised Code. In addition, the license or certificate to practice
or certificate to recommend issued to an individual under this
chapter and the individual's practice in this state are automatically
suspended as of the date the individual pleads guilty to, is found by
a judge or jury to be guilty of, or is subject to a judicial finding
of eligibility for intervention in lieu of conviction in this state
or treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. Continued practice after suspension shall be considered
practicing without a license or certificate.

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or certificate is automatically suspended
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall
do whichever of the following is applicable:

(1)
If the automatic suspension under this division is for a second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123
or
2919.124
of
the Revised Code, the board shall enter an order suspending the
individual's license or certificate to practice for a period of at
least one year or, if determined appropriate by the board, imposing a
more serious sanction involving the individual's license or
certificate to practice.

(2)
In all circumstances in which division (I)(1) of this section does
not apply, enter a final order permanently revoking the individual's
license or certificate to practice.

(J)
If the board is required by Chapter 119. of the Revised Code to give
notice of an opportunity for a hearing and if the individual subject
to the notice does not timely request a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt, by an affirmative vote of not fewer than
six of its members, a final order that contains the board's findings.
In that final order, the board may order any of the sanctions
identified under division (A) or (B) of this section.

(K)
Any action taken by the board under division (B) of this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the individual's
license or certificate to practice may be reinstated. The board shall
adopt rules governing conditions to be imposed for reinstatement.
Reinstatement of a license or certificate suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(L)
When the board refuses to grant or issue a license or certificate to
practice to an applicant, revokes an individual's license or
certificate to practice, refuses to renew an individual's license or
certificate to practice, or refuses to reinstate an individual's
license or certificate to practice, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
or certificate to practice and the board shall not accept an
application for reinstatement of the license or certificate or for
issuance of a new license or certificate.

(M)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license or certificate issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's license or certificate to practice. The
telephone conference call shall be considered a special meeting under
division (F) of section 121.22 of the Revised Code. Reinstatement of
a license or certificate surrendered to the board requires an
affirmative vote of not fewer than six members of the board.

(2)
An application for a license or certificate made under the provisions
of this chapter may not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license or certificate to
practice in accordance with this chapter or a certificate to
recommend in accordance with rules adopted under section 4731.301 of
the Revised Code does not remove or limit the board's jurisdiction to
take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4731.283 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or certificate holder shall
immediately surrender to the board a license or certificate that the
board has suspended, revoked, or permanently revoked.

(N)
Sanctions shall not be imposed under division (B)(28) of this section
against any person who waives deductibles and copayments as follows:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other person authorized to
practice pursuant to this chapter, to the extent allowed by this
chapter and rules adopted by the board.

(O)
Under the board's investigative duties described in this section and
subject to division (F) of this section, the board shall develop and
implement a quality intervention program designed to improve through
remedial education the clinical and communication skills of
individuals authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, and podiatric medicine and
surgery. In developing and implementing the quality intervention
program, the board may do all of the following:

(1)
Offer in appropriate cases as determined by the board an educational
and assessment program pursuant to an investigation the board
conducts under this section;

(2)
Select providers of educational and assessment services, including a
quality intervention program panel of case reviewers;

(3)
Make referrals to educational and assessment service providers and
approve individual educational programs recommended by those
providers. The board shall monitor the progress of each individual
undertaking a recommended individual educational program.

(4)
Determine what constitutes successful completion of an individual
educational program and require further monitoring of the individual
who completed the program or other action that the board determines
to be appropriate;

(5)
Adopt rules in accordance with Chapter 119. of the Revised Code to
further implement the quality intervention program.

An
individual who participates in an individual educational program
pursuant to this division shall pay the financial obligations arising
from that educational program.

(P)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

Sec.
4731.223.
(A)
As used in this section, "prosecutor" has the same meaning
as in section 2935.01 of the Revised Code.

(B)
Whenever any person holding a valid license or certificate issued
pursuant to this chapter pleads guilty to, is subject to a judicial
finding of guilt of, or is subject to a judicial finding of
eligibility for intervention in lieu of conviction for a violation of
Chapter 2907., 2925., or 3719. of the Revised Code or of any
substantively comparable ordinance of a municipal corporation in
connection with the person's practice, or for a second or subsequent
time pleads guilty to, or is subject to a judicial finding of guilt
of, a violation of section 2919.123
or
2919.124
of
the Revised Code, the prosecutor in the case, on forms prescribed and
provided by the state medical board, shall promptly notify the board
of the conviction or guilty plea. Within thirty days of receipt of
that information, the board shall initiate action in accordance with
Chapter 119. of the Revised Code to determine whether to suspend or
revoke the license or certificate under section 4731.22 of the
Revised Code.

(C)
The prosecutor in any case against any person holding a valid license
or certificate issued pursuant to this chapter, on forms prescribed
and provided by the state medical board, shall notify the board of
any of the following:

(1)
A plea of guilty to, a finding of guilt by a jury or court of, or
judicial finding of eligibility for intervention in lieu of
conviction for a felony, or a case in which the trial court issues an
order of dismissal upon technical or procedural grounds of a felony
charge;

(2)
A plea of guilty to, a finding of guilt by a jury or court of, or
judicial finding of eligibility for intervention in lieu of
conviction for a misdemeanor committed in the course of practice, or
a case in which the trial court issues an order of dismissal upon
technical or procedural grounds of a charge of a misdemeanor, if the
alleged act was committed in the course of practice;

(3)
A plea of guilty to, a finding of guilt by a jury or court of, or
judicial finding of eligibility for intervention in lieu of
conviction for a misdemeanor involving moral turpitude, or a case in
which the trial court issues an order of dismissal upon technical or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.

The
report shall include the name and address of the license or
certificate holder, the nature of the offense for which the action
was taken, and the certified court documents recording the action.

Sec.
4731.281.
(A)(1)
A license issued under this chapter to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery
shall be valid for a two-year period unless revoked or suspended. A
license shall expire on the date that is two years from the date of
issuance and may be renewed for additional two-year periods.
Applications for renewal shall be submitted to the state medical
board in a manner prescribed by the board.

Each
application shall be accompanied by a biennial renewal fee of three
hundred five dollars.

The
board shall deposit the fee in accordance with section 4731.24 of the
Revised Code, except that the board shall deposit twenty dollars of
the fee into the state treasury to the credit of the physician loan
repayment fund created by section 3702.78 of the Revised Code.

(2)
The board shall provide a renewal notice to every person holding a
license to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery, a renewal notice. The
board may provide the notice to the person through the secretary of
any recognized medical, osteopathic, or podiatric society. The notice
shall be provided to the person at least one month prior to the date
on which the person's license expires.

(3)
Failure of any person to receive a notice of renewal from the board
shall not excuse the person from the requirements contained in this
section.

(4)
The board's notice shall inform the applicant of the renewal
procedure. The board shall provide the application for renewal in a
form determined by the board.

(5)
The applicant shall provide in the application the applicant's full
name; the applicant's residence address, business address, and
electronic mail address; the number of the applicant's license to
practice; and any other information required by the board.

(6)(a)
Except as provided in division (A)(6)(b) of this section, in the case
of an applicant who prescribes or personally furnishes opioid
analgesics or benzodiazepines, as defined in section 3719.01 of the
Revised Code, the applicant shall certify to the board whether the
applicant has been granted access to the drug database established
and maintained by the state board of pharmacy pursuant to section
4729.75 of the Revised Code.

(b)
The requirement described in division (A)(6)(a) of this section does
not apply if any of the following is the case:

(i)
The state board of pharmacy notifies the state medical board pursuant
to section 4729.861 of the Revised Code that the applicant has been
restricted from obtaining further information from the drug database.

(ii)
The state board of pharmacy no longer maintains the drug database.

(iii)
The applicant does not practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery in this
state.

(c)
If an applicant certifies to the state medical board that the
applicant has been granted access to the drug database and the board
finds through an audit or other means that the applicant has not been
granted access, the board may take action under section 4731.22 of
the Revised Code.

(7)
The applicant shall indicate whether the applicant currently
collaborates, as that term is defined in section 4723.01 of the
Revised Code, with any clinical nurse specialists, certified
nurse-midwives, or certified nurse practitioners.

(8)
The applicant shall report any criminal offense to which the
applicant has pleaded guilty, of which the applicant has been found
guilty, or for which the applicant has been found eligible for
intervention in lieu of conviction, since last submitting an
application for a license to practice or renewal of a license.

(9)
The applicant shall execute and deliver the application to the board
in a manner prescribed by the board.

(B)
The board shall renew a license under this chapter to practice
medicine and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery upon application and qualification therefor in
accordance with this section. A renewal shall be valid for a two-year
period.

(C)
Failure of any license holder to renew and comply with this section
shall operate automatically to suspend the holder's license to
practice and if applicable, the holder's certificate to recommend
issued under section 4731.30 of the Revised Code. Continued practice
after the suspension shall be considered as practicing in violation
of section 4731.41, 4731.43, or 4731.60 of the Revised Code.

If
the license has been suspended pursuant to this division for two
years or less, it may be reinstated. The board shall reinstate a
license to practice suspended for failure to renew upon an
applicant's submission of a renewal application and payment of a
reinstatement fee of four hundred five dollars.

If
the license has been suspended pursuant to this division for more
than two years, it may be restored. Subject to section 4731.222 of
the Revised Code, the board may restore a license to practice
suspended for failure to renew upon an applicant's submission of a
restoration application, payment of a restoration fee of five hundred
five dollars, and compliance with sections 4776.01 to 4776.04 of the
Revised Code. The board shall not restore to an applicant a license
unless the board, in its discretion, decides that the results of the
criminal records check do not make the applicant ineligible for a
license issued pursuant to section 4731.14 or 4731.56 of the Revised
Code.

Any
reinstatement or restoration of a license to practice under this
section shall operate automatically to renew the holder's certificate
to recommend.

(D)
The state medical board may obtain information not protected by
statutory or common law privilege from courts and other sources
concerning malpractice claims against any person holding a license to
practice under this chapter or practicing as provided in section
4731.36 of the Revised Code.

(E)

Each
renewal notice provided by the board under division (A)(2) of this
section to a person holding a license to practice medicine and
surgery or osteopathic medicine and surgery shall inform the
applicant of the reporting requirement established by division (H) of
section 3701.79 of the Revised Code. At the discretion of the board,
the information may be included on the application for renewal or on
an accompanying page.

(F)

Each
person holding a license to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery
shall give notice to the board of a change in the license holder's
residence address, business address, or electronic mail address not
later than thirty days after the change occurs.

Sec.
4731.293.
(A)
The state medical board shall issue, without examination, a clinical
research faculty certificate to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery
to any person who applies for the certificate and provides to the
board satisfactory evidence of both of the following:

(1)
That the applicant holds a current, unrestricted license to practice
medicine and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery issued by another state or country;

(2)
That the applicant has been appointed to serve in this state on the
academic staff of a medical school accredited by the liaison
committee on medical education, an osteopathic medical school
accredited by the American osteopathic association, or a college of
podiatric medicine and surgery in good standing with the board.

(B)
The holder of a clinical research faculty certificate may do one of
the following, as applicable:

(1)
Practice medicine and surgery or osteopathic medicine and surgery
only as is incidental to the certificate holder's teaching or
research duties at the medical school or a teaching hospital
affiliated with the school;

(2)
Practice podiatric medicine and surgery only as is incidental to the
certificate holder's teaching or research duties at the college of
podiatric medicine and surgery or a teaching hospital affiliated with
the college.

(C)
The board may revoke a certificate on receiving proof satisfactory to
the board that the certificate holder has engaged in practice in this
state outside the scope of the certificate or that there are grounds
for action against the certificate holder under section 4731.22 of
the Revised Code.

(D)
A clinical research faculty certificate is valid for three years,
except that the certificate ceases to be valid if the holder's
academic staff appointment described in division (A)(2) of this
section is no longer valid or the certificate is revoked pursuant to
division (C) of this section.

(E)(1)
The board shall provide a renewal notice to the certificate holder at
least one month before the certificate expires. Failure of a
certificate holder to receive a notice of renewal from the board
shall not excuse the certificate holder from the requirements
contained in this section. The notice shall inform the certificate
holder of the renewal procedure.
The
notice also shall inform the certificate holder of the reporting
requirement established by division (H) of section 3701.79 of the
Revised Code.
At
the discretion of the board, the information may be included on the
application for renewal or on an accompanying page.

(2)
A clinical research faculty certificate may be renewed for an
additional three-year period. There is no limit on the number of
times a certificate may be renewed. A person seeking renewal of a
certificate shall apply to the board. The board shall provide the
application for renewal in a form determined by the board.

(3)
An applicant is eligible for renewal if the applicant does all of the
following:

(a)
Reports any criminal offense to which the applicant has pleaded
guilty, of which the applicant has been found guilty, or for which
the applicant has been found eligible for intervention in lieu of
conviction, since last filing an application for a clinical research
faculty certificate;

(b)
Provides evidence satisfactory to the board of both of the following:

(i)
That the applicant continues to maintain a current, unrestricted
license to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery issued by another state or
country;

(ii)
That the applicant's initial appointment to serve in this state on
the academic staff of a school or college is still valid or has been
renewed.

(4)
Regardless of whether the certificate has expired, a person who was
granted a visiting medical faculty certificate under this section as
it existed immediately prior to June 6, 2012, may apply for a
clinical research faculty certificate as a renewal. The board may
issue the clinical research faculty certificate if the applicant
meets the requirements of division (E)(3) of this section. The board
may not issue a clinical research faculty certificate if the visiting
medical faculty certificate was revoked.

(F)
A person holding a clinical research faculty certificate issued under
this section shall not be required to obtain a certificate under
Chapter 4796. of the Revised Code.

(G)
The board may adopt any rules it considers necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4743.09.
(A)
As used in this section:

(1)
"Durable medical equipment" means a type of equipment, such
as a remote monitoring device utilized by a physician, physician
assistant, or advanced practice registered nurse in accordance with
this section, that can withstand repeated use, is primarily and
customarily used to serve a medical purpose, and generally is not
useful to a person in the absence of illness or injury and, in
addition, includes repair and replacement parts for the equipment.

(2)
"Facility fee" means any fee charged or billed for
telehealth services provided in a facility that is intended to
compensate the facility for its operational expenses and is separate
and distinct from a professional fee.

(3)
"Health care professional" means:

(a)
An advanced practice registered nurse, as defined in section 4723.01
of the Revised Code;

(b)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(c)
A pharmacist licensed under Chapter 4729. of the Revised Code;

(d)
A physician assistant licensed under Chapter 4730. of the Revised
Code;

(e)
A physician licensed under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(f)
A psychologist, independent school psychologist, or school
psychologist licensed under Chapter 4732. of the Revised Code;

(g)
A chiropractor licensed under Chapter 4734. of the Revised Code;

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

(i)
An occupational therapist or physical therapist licensed under
Chapter 4755. of the Revised Code;

(j)
An occupational therapy assistant or physical therapist assistant
licensed under Chapter 4755. of the Revised Code;

(k)
A professional clinical counselor, independent social worker,
independent marriage and family therapist, art therapist, or music
therapist licensed under Chapter 4757. of the Revised Code;

(l)
An independent chemical dependency counselor licensed under Chapter
4758. of the Revised Code;

(m)
A dietitian licensed under Chapter 4759. of the Revised Code;

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

(o)
A genetic counselor licensed under Chapter 4778. of the Revised Code;

(p)
A certified Ohio behavior analyst certified under Chapter 4783. of
the Revised Code.

(4)
"Health care professional licensing board" means any of the
following:

(a)
The board of nursing;

(b)
The state vision professionals board;

(c)
The state board of pharmacy;

(d)
The state medical board;

(e)
The state board of psychology;

(f)
The state chiropractic board;

(g)
The state speech and hearing professionals board;

(h)
The Ohio occupational therapy, physical therapy, and athletic
trainers board;

(i)
The counselor, social worker, and marriage and family therapist
board;

(j)
The chemical dependency professionals board.

(5)
"Health plan issuer" has the same meaning as in section
3922.01 of the Revised Code.

(6)
"Telehealth services" means health care services provided
through the use of information and communication technology by a
health care professional, within the professional's scope of
practice, who is located at a site other than the site where either
of the following is located:

(a)
The patient receiving the services;

(b)
Another health care professional with whom the provider of the
services is consulting regarding the patient.

(B)(1)
Each health care professional licensing board shall permit a health
care professional under its jurisdiction to provide the
professional's services as telehealth services in accordance with
this section. Subject to division (B)(2) of this section, a board may
adopt any rules it considers necessary to implement this section. All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code. Any such rules adopted by a board
are not subject to the requirements of division (F) of section 121.95
of the Revised Code.

(2)(a)
Except as provided in division (B)(2)(b) of this section, the rules
adopted by a health care professional licensing board under this
section shall establish a standard of care for telehealth services
that is equal to the standard of care for in-person services.

(b)
Subject to division (B)(2)(c) of this section, a board may require an
initial in-person visit prior to prescribing a schedule II controlled
substance to a new patient, equivalent to applicable state and
federal requirements.

(c)(i)
A board shall not require an initial in-person visit for a new
patient whose medical record indicates that the patient is receiving
hospice or palliative care, who is receiving medication-assisted
treatment or any other medication for opioid-use disorder, who is a
patient with a mental health condition, or who, as determined by the
clinical judgment of a health care professional, is in an emergency
situation.

(ii)
Notwithstanding division (B) of section 3796.01 of the Revised Code,
medical marijuana shall not be considered a schedule II controlled
substance.

(C)
With respect to the provision of telehealth services, all of the
following apply:

(1)
A health care professional may use synchronous or asynchronous
technology to provide telehealth services to a patient during an
initial visit if the appropriate standard of care for an initial
visit is satisfied.

(2)
A health care professional may deny a patient telehealth services
and, instead, require the patient to undergo an in-person visit.

(3)
When providing telehealth services in accordance with this section, a
health care professional shall comply with all requirements under
state and federal law regarding the protection of patient
information. A health care professional shall ensure that any
username or password information and any electronic communications
between the professional and a patient are securely transmitted and
stored.

(4)
A health care professional may use synchronous or asynchronous
technology to provide telehealth services to a patient during an
annual visit if the appropriate standard of care for an annual visit
is satisfied.

(5)
In the case of a health care professional who is a physician,
physician assistant, or advanced practice registered nurse, both of
the following apply:

(a)
The professional may provide telehealth services to a patient located
outside of this state if permitted by the laws of the state in which
the patient is located.

(b)
The professional may provide telehealth services through the use of
medical devices that enable remote monitoring, including such
activities as monitoring a patient's blood pressure, heart rate, or
glucose level.

(D)
When a patient has consented to receiving telehealth services, the
health care professional who provides those services is not liable in
damages under any claim made on the basis that the services do not
meet the same standard of care that would apply if the services were
provided in-person.

(E)(1)
A health care professional providing telehealth services shall not
charge a patient or a health plan issuer covering telehealth services
under section 3902.30 of the Revised Code any of the following: a
facility fee, an origination fee, or any fee associated with the cost
of the equipment used at the provider site to provide telehealth
services.

A
health care professional providing telehealth services may charge a
health plan issuer for durable medical equipment used at a patient or
client site.

(2)
A health care professional may negotiate with a health plan issuer to
establish a reimbursement rate for fees associated with the
administrative costs incurred in providing telehealth services as
long as a patient is not responsible for any portion of the fee.

(3)
A health care professional providing telehealth services shall obtain
a patient's consent before billing for the cost of providing the
services, but the requirement to do so applies only once.

(F)
Nothing in this section limits or otherwise affects any other
provision of the Revised Code that requires a health care
professional who is not a physician to practice under the supervision
of, in collaboration with, in consultation with, or pursuant to the
referral of another health care professional.

(G)
It is the intent of the general assembly, through the amendments to
this section, to expand access to and investment in telehealth
services in this state in congruence with the expansion and
investment in telehealth services made during the COVID-19 pandemic.

(H)
Reproductive health care and related services may be provided as
telehealth services in accordance with this section.

Section
2.
That
existing sections 109.572, 2305.11, 2317.02, 2919.10, 2919.12,
2953.25, 3701.341, 3701.792, 3702.30, 4112.01, 4112.02, 4729.291,
4731.22, 4731.223, 4731.281, 4731.293, and 4743.09 of the Revised
Code are hereby repealed.

Section
3.
That
sections 2307.54, 2317.56, 2317.561, 2919.101, 2919.124, 2919.171,
2919.19, 2919.191, 2919.192, 2919.193, 2919.194, 2919.195, 2919.196,
2919.197, 2919.198, 2919.199, 2919.1910, 2919.1912, 2919.1913,
2919.20, 2919.201, 2919.202, 2919.203, 2919.204, 2919.205, 3701.79,
3701.791, 3702.302, 3702.303, 3702.304, 3702.305, 3702.306, 3702.307,
3702.308, 3702.309, 3702.3010, 3702.3011, 3726.01, 3726.02, 3726.03,
3726.04, 3726.041, 3726.042, 3726.05, 3726.09, 3726.10, 3726.11,
3726.12, 3726.13, 3726.14, 3726.15, 3726.16, 3726.95, 3726.99,
3727.60, 4717.271, 5101.57, and 5103.11 of the Revised Code are
hereby repealed.

Section
4.
This
act shall be known as the Reproductive Care Act.