Change title used by physician assistants to physician associate

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 353

2025-2026

Representatives Lampton, Manning

To
amend sections 1.64, 124.32, 124.41, 124.42, 124.50, 503.45, 503.47,
505.38, 709.012, 737.15, 737.16, 737.22, 742.38, 911.11, 1337.11,
1349.05, 1561.26, 1751.01, 1785.01, 2108.61, 2133.01, 2133.211,
2135.01, 2151.3515, 2151.53, 2305.113, 2305.234, 2305.2311, 2305.41,
2305.51, 2711.22, 2743.62, 2907.01, 2907.13, 2907.29, 2909.04,
2921.22, 2925.01, 3107.12, 3111.91, 3301.531, 3313.5310, 3313.7112,
3313.7117, 3319.13, 3327.10, 3331.02, 3331.07, 3701.046, 3701.23,
3701.25, 3701.36, 3701.59, 3701.615, 3701.74, 3701.90, 3701.92,
3701.928, 3701.941, 3709.161, 3715.50, 3715.501, 3715.502, 3715.503,
3715.872, 3719.06, 3719.064, 3719.12, 3719.121, 3719.81, 3721.21,
3727.06, 3728.01, 3792.05, 3795.01, 3919.29, 3963.01, 4503.44,
4507.20, 4715.30, 4723.01, 4723.18, 4723.181, 4723.72, 4723.73,
4729.01, 4729.39, 4730.02, 4730.03, 4730.04, 4730.05, 4730.06,
4730.07, 4730.08, 4730.10, 4730.101, 4730.11, 4730.111, 4730.12,
4730.13, 4730.14, 4730.141, 4730.15, 4730.19, 4730.20, 4730.201,
4730.202, 4730.203, 4730.204, 4730.21, 4730.22, 4730.25, 4730.251,
4730.252, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33,
4730.34, 4730.38, 4730.39, 4730.41, 4730.411, 4730.42, 4730.43,
4730.432, 4730.433, 4730.437, 4730.44, 4730.49, 4730.53, 4730.55,
4730.56, 4730.57, 4730.60, 4731.053, 4731.054, 4731.22, 4731.2210,
4731.25, 4731.297, 4731.33, 4731.37, 4743.09, 4755.48, 4755.623,
4761.01, 4761.11, 4761.17, 4765.01, 4765.35, 4765.36, 4765.37,
4765.38, 4765.39, 4765.49, 4765.51, 4769.01, 4933.122, 5101.19,
5103.0327, 5104.0110, 5104.037, 5119.185, 5119.363, 5123.47,
5164.072, 5164.301, 5164.95, and 5503.08

and to enact section 4730.011

of the Revised Code
to
change the professional title used by physician assistants to
"physician associate."

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

Section
1.
That
sections 1.64, 124.32, 124.41, 124.42, 124.50, 503.45, 503.47,
505.38, 709.012, 737.15, 737.16, 737.22, 742.38, 911.11, 1337.11,
1349.05, 1561.26, 1751.01, 1785.01, 2108.61, 2133.01, 2133.211,
2135.01, 2151.3515, 2151.53, 2305.113, 2305.234, 2305.2311, 2305.41,
2305.51, 2711.22, 2743.62, 2907.01, 2907.13, 2907.29, 2909.04,
2921.22, 2925.01, 3107.12, 3111.91, 3301.531, 3313.5310, 3313.7112,
3313.7117, 3319.13, 3327.10, 3331.02, 3331.07, 3701.046, 3701.23,
3701.25, 3701.36, 3701.59, 3701.615, 3701.74, 3701.90, 3701.92,
3701.928, 3701.941, 3709.161, 3715.50, 3715.501, 3715.502, 3715.503,
3715.872, 3719.06, 3719.064, 3719.12, 3719.121, 3719.81, 3721.21,
3727.06, 3728.01, 3792.05, 3795.01, 3919.29, 3963.01, 4503.44,
4507.20, 4715.30, 4723.01, 4723.18, 4723.181, 4723.72, 4723.73,
4729.01, 4729.39, 4730.02, 4730.03, 4730.04, 4730.05, 4730.06,
4730.07, 4730.08, 4730.10, 4730.101, 4730.11, 4730.111, 4730.12,
4730.13, 4730.14, 4730.141, 4730.15, 4730.19, 4730.20, 4730.201,
4730.202, 4730.203, 4730.204, 4730.21, 4730.22, 4730.25, 4730.251,
4730.252, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33,
4730.34, 4730.38, 4730.39, 4730.41, 4730.411, 4730.42, 4730.43,
4730.432, 4730.433, 4730.437, 4730.44, 4730.49, 4730.53, 4730.55,
4730.56, 4730.57, 4730.60, 4731.053, 4731.054, 4731.22, 4731.2210,
4731.25, 4731.297, 4731.33, 4731.37, 4743.09, 4755.48, 4755.623,
4761.01, 4761.11, 4761.17, 4765.01, 4765.35, 4765.36, 4765.37,
4765.38, 4765.39, 4765.49, 4765.51, 4769.01, 4933.122, 5101.19,
5103.0327, 5104.0110, 5104.037, 5119.185, 5119.363, 5123.47,
5164.072, 5164.301, 5164.95, and 5503.08

be amended and section 4730.011

of the Revised Code be
enacted

to
read as follows:

Sec.
1.64.
As
used in the Revised Code:

(A)
"Certified nurse-midwife" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a certified
nurse-midwife in accordance with section 4723.42 of the Revised Code
and rules adopted by the board of nursing.

(B)
"Certified nurse practitioner" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a certified
nurse practitioner in accordance with section 4723.42 of the Revised
Code and rules adopted by the board of nursing.

(C)
"Clinical nurse specialist" means an advanced practice
registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code and is designated as a clinical
nurse specialist in accordance with section 4723.42 of the Revised
Code and rules adopted by the board of nursing.

(D)
"Physician
assistant
associate
"
means an individual who is licensed under Chapter 4730. of the
Revised Code to provide services as a physician
assistant

associate

to
patients under the supervision, control, and direction of one or more
physicians.

Sec.
124.32.
(A)
A person holding an office or position in the classified service may
be transferred to a similar position in another office, department,
or institution having the same pay and similar duties, but no
transfer shall be made as follows:

(1)
From an office or position in one class to an office or position in
another class;

(2)
To an office or position for original entrance to which there is
required by sections 124.01 to 124.64 of the Revised Code, or the
rules adopted pursuant to those sections, an examination involving
essential tests or qualifications or carrying a salary different from
or higher than those required for original entrance to an office or
position held by the person proposed to be transferred.

No
person in the classified civil service of the state may be
transferred without the consent of the director of administrative
services.

(B)
Any person holding an office or position in the classified service
who has been separated from the service without delinquency or
misconduct on the person's part may be reinstated within one year
from the date of that separation to a vacancy in the same office or
in a similar position in the same department, except that a person in
the classified service of the state only may be reinstated with the
consent of the director of administrative services. But, if that
separation is due to injury or physical or psychiatric disability,
the person shall be reinstated in the same office held or in a
similar position to that held at the time of separation, within sixty
days after written application for reinstatement, if the person
passes a physical or psychiatric examination made by a licensed
physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife showing that the person has recovered from
the injury or physical or psychiatric disability, if the application
for reinstatement is filed within two years from the date of
separation, and if the application is not filed after the date of
service eligibility retirement. The physician, physician

assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife shall be designated by the appointing authority and
shall complete any written documentation of the physical or
psychiatric examination.

Sec.
124.41.
No
person shall be eligible to receive an original appointment to a
police department, as a police officer, subject to the civil service
laws of this state, unless the person has reached the age of
twenty-one and has, not more than one hundred twenty days prior to
the date of such appointment, passed a physical examination, given by
a licensed physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, certifying that the applicant is free of
cardiovascular and pulmonary diseases, and showing that the applicant
meets the physical requirements necessary to perform the duties of a
police officer as established by the civil service commission having
jurisdiction over the appointment. The appointing authority shall,
prior to making any such appointment, file with the Ohio police and
fire pension fund a copy of the report or findings of the licensed
physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for such physical examination
shall be paid by the civil service commission. Except as otherwise
provided in this section, no person is eligible to receive an
original appointment when the person is thirty-five years of age or
older, and no person can be declared disqualified as over age prior
to that time. The maximum age limitation established by this section
does not apply to a city in which an ordinance establishes a
different maximum age limitation for an original appointment to the
police department or to a civil service township in which a
resolution adopted by the board of trustees of the township
establishes a different maximum age limitation for an original
appointment to the police department.

Nothing
in this section shall prevent a municipal corporation or a civil
service township from establishing a police cadet program and
employing persons as police cadets at age eighteen for the purposes
of training persons to become police officers. The board of trustees
of a civil service township may establish by resolution such a cadet
program. A person participating in a municipal or township police
cadet program shall not be permitted to carry or use any firearm in
the performance of the person's duties, except that the person may be
taught the proper use of firearms as part of the person's training.

Sec.
124.42.
No
person shall be eligible to receive an original appointment as a
firefighter in a fire department, subject to the civil service laws
of this state, unless the person has reached the age of eighteen and
has, not more than one hundred twenty days prior to receiving such
appointment, passed a physical examination, given by a licensed
physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, certifying that the applicant is free of
cardiovascular and pulmonary diseases, and showing that the person
meets the physical requirements necessary to perform the duties of a
firefighter as established by the civil service commission having
jurisdiction over the appointment. The appointing authority shall,
prior to making any such appointment, file with the Ohio police and
fire pension fund a copy of the report or findings of said licensed
physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for such physical examination
shall be paid by the civil service commission. No person shall be
eligible to receive an original appointment on and after the person's
forty-first birthday.

Notwithstanding
this section, a municipal council may enact an ordinance providing
that a person between the age of eighteen and forty may receive an
original appointment to the fire department, or the board of trustees
of a civil service township may do so by resolution. Nothing in this
section shall prevent a municipal corporation or civil service
township from establishing a fire cadet program and employing persons
as fire cadets at age eighteen for the purpose of training persons to
become firefighters. The board of trustees of a civil service
township may establish by resolution such a cadet program. A person
participating in a municipal or township fire cadet program shall not
be permitted to carry or use any firearm in the performance of the
person's duties.

Sec.
124.50.
Any
person holding an office or position under the classified service in
a fire department or a police department who is separated therefrom
due to injury or physical disability incurred in the performance of
duty shall be reinstated immediately, or one suffering injury or
physical disability incurred other than in the performance of duty
may be reinstated, upon filing with the chief of the fire department
or the chief of the police department, a written application for
reinstatement, to the office or position held at the time of such
separation, after passing a physical examination showing that the
person has recovered from the injury or other physical disability.
The physical examination shall be made by a licensed physician, a
physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife within two weeks after application for
reinstatement has been made, provided such application for
reinstatement is filed within five years from the date of separation
from the department, and further provided that such application shall
not be filed after the date of service eligibility retirement. The
physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife shall be designated by the firefighters' pension board
or the police officers' pension board and shall complete any written
documentation of the physical examination.

Any
person holding an office or position under the classified service in
a fire department or a police department, who resigns therefrom, may
be reinstated to the rank of firefighter or police officer, upon the
filing of a written application for reinstatement with the municipal
or civil service township civil service commission and a copy thereof
with the chief of the fire department or chief of the police
department, and upon passing a physical examination disclosing that
the person is physically fit to perform the duties of the office of
firefighter or police officer, the application for reinstatement
shall be filed within one year from the date of resignation. Any
person reinstated pursuant to the authority of this paragraph shall
not receive credit for seniority earned prior to resignation and
reinstatement, and shall not be entitled to reinstatement to a
position above the rank of regular firefighter or patrol officer,
regardless of the position the person may have held at the time of
resignation.

Sec.
503.45.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, the application for a license as a
massager shall be made to the board and shall include the following:

(A)
An initial, nonrefundable filing fee of one hundred dollars and an
annual nonrefundable renewal fee of fifty dollars;

(B)
The results of a physical examination performed by a licensed
physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife within thirty days of the application
certifying that the applicant is free from communicable diseases;

(C)
The full name, date of birth, address, and social security number of
the applicant;

(D)
The results of an investigation by appropriate police agencies into
the criminal record of the applicant, including a photograph taken no
later than thirty days prior to the application, fingerprints, and
background investigation;

(E)
Any other information determined by the board to be necessary.

A
license issued under this section to a massager shall expire one year
after the date of issuance, except that no massager shall be required
to discontinue performing massages because of the failure of the
board to act on a renewal application filed in a timely manner and
pending before the board on the expiration date of the person's
license. Each license shall contain the full name of the applicant, a
color photograph and a brief description of the person, and the
expiration date of the license.

Sec.
503.47.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, the regulations adopted for that purpose
may require any of the following:

(A)
A massage establishment to display its current permit in an area open
to the public;

(B)
Each massager to display the massager's license at all times in the
areas where the licensee is providing massages;

(C)
Massage establishments to undergo periodic health and safety
inspections to determine continual compliance with applicable health
and safety codes;

(D)
Massagers to undergo periodic physical examinations performed by a
licensed physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife certifying that the massager continues to be
free from communicable diseases;

(E)
Any other requirement reasonably thought necessary by the board.

Sec.
505.38.
(A)
In each township or fire district that has a fire department, the
head of the department shall be a fire chief, appointed by the board
of township trustees, except that, in a joint fire district, the fire
chief shall be appointed by the board of fire district trustees.
Neither this section nor any other section of the Revised Code
requires, or shall be construed to require, that the fire chief be a
resident of the township or fire district.

The
board shall provide for the employment of firefighters as it
considers best and shall fix their compensation. No person shall be
appointed as a permanent full-time paid member, whose duties include
fire fighting, of the fire department of any township or fire
district unless that person has received a certificate issued under
former section 3303.07 or section 4765.55 of the Revised Code
evidencing satisfactory completion of a firefighter training program.
Those appointees shall continue in office until removed from office
as provided by sections 733.35 to 733.39 of the Revised Code. To
initiate removal proceedings, and for that purpose, the board shall
designate the fire chief or a private citizen to investigate the
conduct and prepare the necessary charges in conformity with those
sections.

In
case of the removal of a fire chief or any member of the fire
department of a township or fire district, an appeal may be had from
the decision of the board to the court of common pleas of the county
in which the township or fire district fire department is situated to
determine the sufficiency of the cause of removal. The appeal from
the findings of the board shall be taken within ten days.

No
person who is appointed as a volunteer firefighter of the fire
department of any township or fire district shall remain in that
position unless either of the following applies:

(1)
Within one year of the appointment, the person has received a
certificate issued under former section 3303.07 of the Revised Code
or section 4765.55 of the Revised Code evidencing satisfactory
completion of a firefighter training program.

(2)
The person began serving as a permanent full-time paid firefighter
with the fire department of a city or village prior to July 2, 1970,
or as a volunteer firefighter with the fire department of a city,
village, or other township or fire district prior to July 2, 1979,
and receives a certificate issued under section 4765.55 of the
Revised Code.

No
person shall receive an appointment under this section, in the case
of a volunteer firefighter, unless the person has, not more than
sixty days prior to receiving the appointment, passed a physical
examination, given by a licensed physician, a physician

assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, showing that the person meets the physical
requirements necessary to perform the duties of the position to which
the person is appointed as established by the board of township
trustees having jurisdiction over the appointment. The appointing
authority, prior to making an appointment, shall file with the Ohio
police and fire pension fund or the local volunteer fire fighters'
dependents fund board a copy of the report or findings of that
licensed physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for the physical examination
shall be paid for by the board of township trustees.

(B)
In each township not having a fire department, the board of township
trustees shall appoint a fire prevention officer who shall exercise
all of the duties of a fire chief except those involving the
maintenance and operation of fire apparatus. The board may appoint
one or more deputy fire prevention officers who shall exercise the
duties assigned by the fire prevention officer.

The
board may fix the compensation for the fire prevention officer and
the fire prevention officer's deputies as it considers best. The
board shall appoint each fire prevention officer and deputy for a
one-year term. An appointee may be reappointed at the end of a term
to another one-year term. Any appointee may be removed from office
during a term as provided by sections 733.35 to 733.39 of the Revised
Code. Section 505.45 of the Revised Code extends to those officers.

(C)(1)
Division (A) of this section does not apply to any township that has
a population of ten thousand or more persons residing within the
township and outside of any municipal corporation, that has its own
fire department employing ten or more full-time paid employees, and
that has a civil service commission established under division (B) of
section 124.40 of the Revised Code. The township shall comply with
the procedures for the employment, promotion, and discharge of
firefighters provided by Chapter 124. of the Revised Code, except as
otherwise provided in divisions (C)(2) and (3) of this section.

(2)
The board of township trustees of the township may appoint the fire
chief, and any person so appointed shall be in the unclassified
service under section 124.11 of the Revised Code and shall serve at
the pleasure of the board. Neither this section nor any other section
of the Revised Code requires, or shall be construed to require, that
the fire chief be a resident of the township. A person who is
appointed fire chief under these conditions and who is removed by the
board or resigns from the position is entitled to return to the
classified service in the township fire department in the position
held just prior to the appointment as fire chief.

(3)
The appointing authority of an urban township, as defined in section
504.01 of the Revised Code, may appoint to a vacant position any one
of the three highest scorers on the eligible list for a promotional
examination.

(4)
The board of township trustees shall determine the number of
personnel required and establish salary schedules and conditions of
employment not in conflict with Chapter 124. of the Revised Code.

(5)
No person shall receive an original appointment as a permanent
full-time paid member of the fire department of the township
described in this division unless the person has received a
certificate issued under former section 3303.07 or section 4765.55 of
the Revised Code evidencing the satisfactory completion of a
firefighter training program.

(6)
Persons employed as firefighters in the township described in this
division on the date a civil service commission is appointed pursuant
to division (B) of section 124.40 of the Revised Code, without being
required to pass a competitive examination or a firefighter training
program, shall retain their employment and any rank previously
granted them by action of the board of township trustees or
otherwise, but those persons are eligible for promotion only by
compliance with Chapter 124. of the Revised Code.

Sec.
709.012.
When
a municipal corporation annexes township territory which results in a
reduction of the firefighting force of the township or joint township
fire district, the reduction shall be made by dismissal of
firefighters in the inverse order of seniority, with the employee
with least time of service being dismissed first. The annexing
municipal corporation shall offer employment in the inverse order of
dismissal by the township to such firefighters if a vacancy exists in
the municipal fire department and if they:

(A)
Were full-time paid active members of the township or joint township
firefighting force for at least six months prior to dismissal and
have made application to the municipal corporation within sixty days
after the effective date of dismissal;

(B)
Have passed a physical examination as prescribed by the physician of
the annexing municipal corporation and meet the requirements
necessary to perform firefighting duties;

(C)
Meet minimum standards of the municipal corporation with respect to
moral character, literacy, and ability to understand oral and written
instructions as determined by an interview conducted by the fire
department of the municipal corporation. The applicant shall be at
least twenty-one years of age on the date of application.

(D)
Are able to qualify for membership in the Ohio police and fire
pension fund.

A
physical examination required by division (B) of this section may be
conducted by any individual authorized by the Revised Code to conduct
physical examinations, including a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who administered the
examination.

If
no vacancy exists in the municipal fire department at the time of the
application referred to in division (A) of this section, the
application shall be held until a vacancy occurs. When such a vacancy
occurs, the applicant shall be entitled to employment in accordance
with the requirements of divisions (A), (B), (C), and (D) of this
section. So long as any application for employment has been made and
is being held under this section, the municipal corporation shall not
fill any vacancy in its fire department by original appointment. If
there are individuals who are entitled to reinstatement in the
municipal fire department and the vacancies therein are insufficient
to permit both such reinstatements and employment of all those
applying for employment under division (A) of this section, the
persons having the greatest length of service, whether with the
municipal or township fire department, shall be entitled to fill the
vacancies as they occur.

A
person employed under this section, upon acceptance into the
municipal fire department, shall be given the rank of "firefighter"
and entitled to full seniority credit for prior service in the
township or joint township fire district. The person shall be
entitled to the same salary, future benefits, vacations, earned time,
sick leave, and other rights and privileges as the municipal fire
department extends to other employees with the same amount of prior
service. The person may take promotional examinations only after
completion of one year of service with the municipal fire department
and after meeting any applicable civil service requirements for such
examination.

Compliance
with this section is in lieu of compliance with section 124.42 of the
Revised Code or any other requirements for original appointment to a
municipal fire district.

Sec.
737.15.
Each
village shall have a marshal, designated chief of police, appointed
by the mayor with the advice and consent of the legislative authority
of the village, who need not be a resident of the village at the time
of appointment but shall become a resident thereof within six months
after appointment by the mayor and confirmation by the legislative
authority unless such residence requirement is waived by ordinance,
and who shall continue in office until removed therefrom as provided
by section 737.171 of the Revised Code.

No
person shall receive an appointment under this section after January
1, 1970, unless, not more than sixty days prior to receiving such
appointment, the person has passed a physical examination, given by a
licensed physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, showing that the person meets the physical
requirements necessary to perform the duties of village marshal as
established by the legislative authority of the village. The
appointing authority shall, prior to making any such appointment,
file with the Ohio police and fire pension fund a copy of the report
or findings of said licensed physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for such physical examination
shall be paid for by such legislative authority.

Sec.
737.16.
The
mayor shall, when provided for by the legislative authority of a
village, and subject to its confirmation, appoint all deputy
marshals, police officers, night guards, and special police officers.
All such officers shall continue in office until removed therefrom
for the cause and in the manner provided by section 737.19 of the
Revised Code.

No
person shall receive an appointment under this section after January
1, 1970, unless the person has, not more than sixty days prior to
receiving such appointment, passed a physical examination, given by a
licensed physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, showing that the person meets the physical
requirements necessary to perform the duties of the position to which
the person is to be appointed as established by the legislative
authority of the village. The appointing authority shall, prior to
making any such appointment, file with the Ohio police and fire
pension fund a copy of the report or findings of said licensed
physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for such physical examination
shall be paid for by the legislative authority.

Sec.
737.22.
(A)
Each village establishing a fire department shall have a fire chief
as the department's head, appointed by the mayor with the advice and
consent of the legislative authority of the village, who shall
continue in office until removed from office as provided by sections
733.35 to 733.39 of the Revised Code. Neither this section nor any
other section of the Revised Code requires, or shall be construed to
require, that the fire chief be a resident of the village.

In
each village not having a fire department, the mayor shall, with the
advice and consent of the legislative authority of the village,
appoint a fire prevention officer who shall exercise all of the
duties of a fire chief except those involving the maintenance and
operation of fire apparatus.

The
legislative authority of the village may fix the compensation it
considers best. The appointee shall continue in office until removed
from office as provided by sections 733.35 to 733.39 of the Revised
Code. Section 737.23 of the Revised Code shall extend to the officer.

(B)
The legislative authority of the village may provide for the
appointment of permanent full-time paid firefighters as it considers
best and fix their compensation, or for the services of volunteer
firefighters, who shall be appointed by the mayor with the advice and
consent of the legislative authority, and shall continue in office
until removed from office.

(1)
No person shall be appointed as a permanent full-time paid
firefighter of a village fire department, unless either of the
following applies:

(a)
The person has received a certificate issued under former section
3303.07 of the Revised Code or section 4765.55 of the Revised Code
evidencing satisfactory completion of a firefighter training program.

(b)
The person began serving as a permanent full-time paid firefighter
with the fire department of a city or other village prior to July 2,
1970, and receives a fire training certificate issued under section
4765.55 of the Revised Code.

(2)
No person who is appointed as a volunteer firefighter of a village
fire department shall remain in that position, unless either of the
following applies:

(a)
Within one year of the appointment, the person has received a
certificate issued under former section 3303.07 or section 4765.55 of
the Revised Code evidencing satisfactory completion of a firefighter
training program.

(b)
The person has served as a permanent full-time paid firefighter with
the fire department of a city or other village prior to July 2, 1970,
or as a volunteer firefighter with the fire department of a city,
township, fire district, or other village prior to July 2, 1979, and
receives a certificate issued under section 4765.55 of the Revised
Code.

(3)
No person shall receive an appointment under this section unless the
person has, not more than sixty days prior to receiving the
appointment, passed a physical examination, given by a licensed
physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife, showing that the person meets the physical
requirements necessary to perform the duties of the position to which
the person is to be appointed as established by the legislative
authority of the village. The appointing authority shall, prior to
making an appointment, file with the Ohio police and fire pension
fund or the local volunteer fire fighters' dependents fund board a
copy of the report or findings of that licensed physician, physician

assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife. The professional fee for the physical examination
shall be paid for by the legislative authority of the village.

Sec.
742.38.
(A)(1)
The board of trustees of the Ohio police and fire pension fund shall
adopt rules establishing minimum medical testing and diagnostic
standards or procedures to be incorporated into physical examinations
administered to prospective members of the fund. The standards or
procedures shall include diagnosis and evaluation of the existence of
any heart disease, cardiovascular disease, or respiratory disease.
The rules shall specify the form of the examination report and the
information to be included in it.

The
board shall notify all employers of the establishment of the minimum
standards or procedures and shall include with the notice a copy of
the standards or procedures. The board shall notify all employers of
any changes made to the standards or procedures. Once the standards
or procedures take effect, employers shall cause each prospective
member of the fund to submit to a physical examination that
incorporates the standards or procedures.

(2)
Division (A)(2) of this section applies to an employee who becomes a
member of the fund on or after the date the minimum standards or
procedures described in division (A)(1) of this section take effect.
For each employee described in division (A)(2) of this section, the
employer shall forward to the board a copy of the report of a
physical examination that incorporates the standards or procedures
described in division (A)(1) of this section. If an employer fails to
forward the report in the form required by the board on or before the
date that is sixty days after the employee becomes a member of the
fund, the board shall assess against the employer a penalty
determined under section 742.353 of the Revised Code.

(B)
Application for a disability benefit may be made by a member of the
fund or, if the member is incapacitated as defined in rules adopted
by the board, by a person acting on the member's behalf. Not later
than fourteen days after receiving an application for a disability
benefit from a member or a person acting on behalf of a member, the
board shall notify the member's employer that an application has been
filed. The notice shall state the member's position or rank. Not
later than twenty-eight days after receiving the notice or filing an
application on behalf of a member, the employer shall forward to the
board a statement certifying the member's job description and any
other information required by the board to process the application.

If
the member applying for a disability benefit became a member of the
fund prior to the date the minimum standards or procedures described
in division (A)(1) of this section took effect, the board may request
from the member's employer a copy of the report of the member's
physical examination taken on entry into the police or fire
department or, if the employer does not have a copy of the report, a
written statement certifying that the employer does not have a copy
of the report. If an employer fails to forward the report or
statement in the form required by the board on or before the date
that is twenty-eight days after the date of the request, the board
shall assess against the employer a penalty determined under section
742.353 of the Revised Code.

The
board shall maintain the information submitted under this division
and division (A)(2) of this section in the member's file.

(C)
For purposes of determining under division (D) of this section
whether a member of the fund is disabled, the board shall adopt rules
establishing objective criteria under which the determination is to
be made. The rules shall include standards that provide for all of
the following:

(1)
Evaluating a member's illness or injury on which an application for
disability benefits is based;

(2)
Defining the occupational duties of a police officer or firefighter;

(3)
Providing for the board to assign competent and disinterested
physicians, advanced practice registered nurses, physician

assistants
associates
,
and vocational evaluators to conduct examinations of a member;

(4)
Requiring a written report for each disability application that
includes a summary of findings, medical opinions, including an
opinion on whether the illness or injury upon which the member's
application for disability benefits is based was caused or induced by
the actual performance of the member's official duties, and any
recommendations or comments based on the medical opinions;

(5)
Taking into consideration the member's potential for retraining or
reemployment.

(D)
The board may grant disability benefits to a member based solely on a
review of an application for disability benefits and supporting
medical documentation or may require the member to undergo a medical
examination, a vocational evaluation, or both. Any medical
examination or vocational evaluation shall be conducted by a
physician, advanced practice registered nurse, physician

assistant
associate
,
or vocational evaluator assigned in accordance with rules adopted
under division (C)(3) of this section. If a medical examination is
conducted by an advanced practice registered nurse or physician

assistant
associate
,
the board shall only accept an examination report if a physician
reviews, approves, and signs the report before the report is
submitted to the board.

As
used in this division:

"Totally
disabled" means a member of the fund is unable to perform the
duties of any gainful occupation for which the member is reasonably
fitted by training, experience, and accomplishments. Absolute
helplessness is not a prerequisite of being totally disabled.

"Permanently
disabled" means a condition of disability that is expected to
last for a continuous period of not less than twelve months after an
application for disability benefits is filed and from which there is
no present indication of recovery.

"Hazardous
duty" has the same meaning as in 5 C.F.R. 550.902, as amended.

(1)
A member of the fund who is permanently and totally disabled as the
result of the performance of the member's official duties as a member
of a police or fire department shall be paid annual disability
benefits in accordance with division (A) of section 742.39 of the
Revised Code. In determining whether a member of the fund is
permanently and totally disabled, the board shall consider standards
adopted under division (C) of this section applicable to the
determination.

(2)
A member of the fund who is permanently and partially disabled as the
result of the performance of the member's official duties as a member
of a police or fire department shall, if the disability prevents the
member from performing those duties and impairs the member's earning
capacity, receive annual disability benefits in accordance with
division (B) of section 742.39 of the Revised Code. In determining
whether a member of the fund is permanently and partially disabled,
the board shall consider standards adopted under division (C) of this
section applicable to the determination.

(3)(a)
A member of the fund who is permanently disabled as a result of heart
disease or any cardiovascular or respiratory disease of a chronic
nature, which disease or any evidence of which disease was not
revealed by the physical examination passed by the member on entry
into the department or another examination specified in rules the
board adopts under section 742.10 of the Revised Code, is presumed to
have incurred the disease while performing the member's official
duties, unless the contrary is shown by competent evidence. The board
may waive the requirement that the absence of disease be evidenced by
a physical examination if competent medical evidence of a type
specified in rules adopted under section 742.10 of the Revised Code
is submitted documenting that the disease was not evident prior to or
at the time of entry into the department.

(b)
A member of the fund who is a member of a fire department, has been
assigned to at least six years of hazardous duty as a member of a
fire department, and is disabled as a result of cancer, is presumed
to have incurred the cancer while performing the member's official
duties if the member was exposed to an agent classified by the
international agency for research on cancer or its successor agency
as a group 1 or 2A carcinogen.

(c)
The presumption described in division (D)(3)(b) of this section is
rebuttable in any of the following situations:

(i)
There is evidence that the member incurred the type of cancer being
alleged before becoming a member of the department.

(ii)
There is evidence that the member's exposure, outside the scope of
the member's official duties, to cigarettes, tobacco products, or
other conditions presenting an extremely high risk for the
development of the cancer alleged, was probably a significant factor
in the cause or progression of the cancer.

(iii)
There is evidence that shows, by a preponderance of competent
scientific evidence, that exposure to the type of carcinogen alleged
did not or could not have caused the cancer being alleged.

(iv)
There is evidence that the member was not exposed to an agent
classified by the international agency for research on cancer or its
successor agency as a group 1 or 2A carcinogen.

(v)
The member is seventy years of age or older.

(d)
The presumption described in division (D)(3)(b) of this section does
not apply if it has been more than fifteen years since the member was
last assigned to hazardous duty as a member of a fire department.

(4)
A member of the fund who has five or more years of service credit and
has incurred a permanent disability not caused or induced by the
actual performance of the member's official duties as a member of the
department, or by the member's own negligence, shall if the
disability prevents the member from performing those duties and
impairs the member's earning capacity, receive annual disability
benefits in accordance with division (C) of section 742.39 of the
Revised Code. In determining whether a member of the fund is
permanently disabled, the board shall consider standards adopted
under division (C) of this section applicable to the determination.

(5)
The board shall notify a member of its final action awarding a
disability benefit to the member within thirty days of the final
action. The notice shall be sent by certified mail, return receipt
requested. Not later than ninety days after receipt of notice from
the board, the member shall elect, on a form provided by the board,
either to accept or waive the disability benefit award. If the member
elects to waive the disability benefit award or fails to make an
election within the time period, the award is rescinded. A member who
later seeks a disability benefit award shall be required to make a
new application, which shall be dealt with in accordance with the
procedures used for original disability benefit applications.

A
person is not eligible to apply for or receive disability benefits
under this division, section 742.39 of the Revised Code, or division
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code
unless the person is a member of the fund on the date on which the
application for disability benefits is submitted to the fund.

With
the exception of persons who may make application for increased
benefits as provided in division (D)(2) or (4) of this section or
division (C)(3) or (5) of former section 742.37 of the Revised Code
on or after July 24, 1986, or persons who may make application for
benefits as provided in section 742.26 of the Revised Code, no person
receiving a pension or benefit under this section or division (C) of
former section 742.37 of the Revised Code may apply for any new,
changed, or different benefit.

(E)
An advanced practice registered nurse or physician
assistant

associate

assigned
in accordance with rules adopted under division (C)(3) of this
section to conduct a medical examination of a member who has applied
for disability benefits shall only conduct an examination that is
within the scope and practice that is permitted under Chapter 4723.
or 4730. of the Revised Code, respectively, and does not exceed the
advanced practice registered nurse's or physician
assistant's

associate's

training.

(F)
Notwithstanding the requirement of section 742.41 of the Revised Code
that all medical reports and recommendations required are privileged,
the board shall submit to the administrator of workers' compensation
any data necessary for the report required under section 4123.86 of
the Revised Code.

Sec.
911.11.
The
director of agriculture may require any person intending to work or
working in a bakery to submit to a thorough examination for the
purpose of ascertaining whether the person is afflicted with any
contagious, infectious, or other disease or physical ailment, which
may render employment detrimental to the public health. All such
examinations shall be made by a qualified physician licensed under
section 4731.14 of the Revised Code, by a physician

assistant
associate
,
by a clinical nurse specialist, by a certified nurse practitioner, or
by a certified nurse-midwife. Any written documentation of the
examination shall be completed by the individual who did the
examination.

Sec.
1337.11.
As
used in sections 1337.11 to 1337.17 of the Revised Code:

(A)
"Adult" means a person who is eighteen years of age or
older.

(B)
"Attending physician" means the physician to whom a
principal or the family of a principal has assigned primary
responsibility for the treatment or care of the principal or, if the
responsibility has not been assigned, the physician who has accepted
that responsibility.

(C)
"Comfort care" means any of the following:

(1)
Nutrition when administered to diminish the pain or discomfort of a
principal, but not to postpone death;

(2)
Hydration when administered to diminish the pain or discomfort of a
principal, but not to postpone death;

(3)
Any other medical or nursing procedure, treatment, intervention, or
other measure that is taken to diminish the pain or discomfort of a
principal, but not to postpone death.

(D)
"Consulting physician" means a physician who, in
conjunction with the attending physician of a principal, makes one or
more determinations that are required to be made by the attending
physician, or to be made by the attending physician and one other
physician, by an applicable provision of sections 1337.11 to 1337.17
of the Revised Code, to a reasonable degree of medical certainty and
in accordance with reasonable medical standards.

(E)
"Declaration for mental health treatment" has the same
meaning as in section 2135.01 of the Revised Code.

(F)
"Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care and
management of the person of an incompetent.

(G)
"Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or treat an individual's physical or
mental condition or physical or mental health.

(H)
"Health care decision" means informed consent, refusal to
give informed consent, or withdrawal of informed consent to health
care.

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

(1)
A hospital;

(2)
A hospice care program, pediatric respite care program, or other
institution that specializes in comfort care of patients in a
terminal condition or in a permanently unconscious state;

(3)
A nursing home;

(4)
A home health agency;

(5)
An intermediate care facility for individuals with intellectual
disabilities;

(6)
A regulated community mental health organization.

(J)
"Health care personnel" means physicians, nurses, physician

assistants
associates
,
emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic,
medical technicians, dietitians, other authorized persons acting
under the direction of an attending physician, and administrators of
health care facilities.

(K)
"Home health agency" has the same meaning as in section
3740.01 of the Revised Code.

(L)
"Hospice care program" and "pediatric respite care
program" have the same meanings as in section 3712.01 of the
Revised Code.

(M)
"Hospital" has the same meanings as in sections 3701.01,
3727.01, and 5122.01 of the Revised Code.

(N)
"Hydration" means fluids that are artificially or
technologically administered.

(O)
"Incompetent" has the same meaning as in section 2111.01 of
the Revised Code.

(P)
"Intermediate care facility for individuals with intellectual
disabilities" has the same meaning as in section 5124.01 of the
Revised Code.

(Q)
"Life-sustaining treatment" means any medical procedure,
treatment, intervention, or other measure that, when administered to
a principal, will serve principally to prolong the process of dying.

(R)
"Medical claim" has the same meaning as in section 2305.113
of the Revised Code.

(S)
"Mental health treatment" has the same meaning as in
section 2135.01 of the Revised Code.

(T)
"Nursing home" has the same meaning as in section 3721.01
of the Revised Code.

(U)
"Nutrition" means sustenance that is artificially or
technologically administered.

(V)
"Permanently unconscious state" means a state of permanent
unconsciousness in a principal that, to a reasonable degree of
medical certainty as determined in accordance with reasonable medical
standards by the principal's attending physician and one other
physician who has examined the principal, is characterized by both of
the following:

(1)
Irreversible unawareness of one's being and environment.

(2)
Total loss of cerebral cortical functioning, resulting in the
principal having no capacity to experience pain or suffering.

(W)
"Person" has the same meaning as in section 1.59 of the
Revised Code and additionally includes political subdivisions and
governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.

(X)
"Physician" means a person who is authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(Y)
"Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.

(Z)
"Professional disciplinary action" means action taken by
the board or other entity that regulates the professional conduct of
health care personnel, including the state medical board and the
board of nursing.

(AA)
"Regulated community mental health organization" means a
residential facility as defined and licensed under section 5119.34 of
the Revised Code or a community mental health services provider as
defined in section 5122.01 of the Revised Code.

(BB)
"Terminal condition" means an irreversible, incurable, and
untreatable condition caused by disease, illness, or injury from
which, to a reasonable degree of medical certainty as determined in
accordance with reasonable medical standards by a principal's
attending physician and one other physician who has examined the
principal, both of the following apply:

(1)
There can be no recovery.

(2)
Death is likely to occur within a relatively short time if
life-sustaining treatment is not administered.

(CC)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property, other than a civil action for
damages for a breach of contract or another agreement between
persons.

Sec.
1349.05.
(A)
As used in this section:

(1)
"Agency" and "license" have the same meanings as
in section 119.01 of the Revised Code.

(2)
"Crime" has the same meaning as in section 2930.01 of the
Revised Code.

(3)
"Health care practitioner" means any of the following:

(a)
An individual licensed under Chapter 4731. of the Revised Code to
practice medicine and surgery;

(b)
An individual licensed under Chapter 4723. of the Revised Code to
practice as an advanced practice registered nurse;

(c)
An individual licensed under Chapter 4730. of the Revised Code to
practice as a physician
assistant
associate
;

(d)
An individual licensed under Chapter 4732. of the Revised Code to
practice as a psychologist;

(e)
An individual licensed under Chapter 4734. of the Revised Code to
practice as a chiropractor.

(4)
"Victim" has the same meaning as in section 2930.01 of the
Revised Code, except that it excludes any party to a motor vehicle
accident.

(B)
No health care practitioner, with the intent to obtain professional
employment for the health care practitioner, shall directly contact
in person, by telephone, or by electronic means any victim of a
crime, or any witness to a motor vehicle accident or crime, other
than a witness that was a party to a motor vehicle accident, until
thirty days after the date of the motor vehicle accident or crime.

(C)
No person who has been paid or given, or was offered to be paid or
given, money or anything of value to solicit employment on behalf of
another shall directly contact in person, by telephone, or by
electronic means any victim of a crime, or any witness to a motor
vehicle accident or crime, other than a witness that was a party to a
motor vehicle accident, until thirty days after the date of the motor
vehicle accident or crime.

(D)(1)
Except as provided in division (D)(3) of this section, all of the
following apply to a health care practitioner who, for the purpose of
obtaining professional employment, contacts any party to a motor
vehicle accident:

(a)
The health care practitioner shall not contact the party in person at
any time for the purpose of obtaining professional employment.

(b)
Beginning twenty-four hours after the time of the accident, the
health care practitioner may initiate contact with the party for the
purpose of obtaining professional employment as follows:

(i)
Through telephone, but not more than once in any forty-eight hour
period;

(ii)
Once through electronic mail;

(iii)
Once through a text message;

(iv)
Once in writing delivered through the United States postal service.

(2)
Except as provided in division (D)(3) of this section, all of the
following apply to a person who has been paid or given, or was
offered to be paid or given, money or anything of value to contact,
for the purpose of obtaining professional employment on behalf of
another, any party to a motor vehicle accident:

(a)
The person shall not contact the party in person at any time for the
purpose of obtaining professional employment on behalf of another.

(b)
Beginning twenty-four hours after the time of the accident, the
person may initiate contact with the party for the purpose of
obtaining professional employment on behalf of another as follows:

(i)
Through telephone, but not more than once in any forty-eight hour
period;

(ii)
Once through electronic mail;

(iii)
Once through a text message;

(iv)
Once in writing delivered through the United States postal service.

(3)
Divisions (D)(1) and (2) of this section do not apply to any person
who solicits professional services to any party to a motor vehicle
accident if the party being solicited was a previous purchaser of
services from the person soliciting employment, or from the person on
whose behalf employment is being solicited, and if both of the
following apply:

(a)
The solicitation is made under the same business or professional name
that was previously used to sell services to the party to the motor
vehicle accident.

(b)
The person who will be providing the services has, for a period of
not less than three years, operated a business or professional
occupation under the same business or professional name as the name
used in the solicitation.

(E)
If an agency that has issued a license to a person believes that the
person has violated this section, the agency shall issue a notice and
conduct a hearing in accordance with Chapter 119. of the Revised
Code. After determining that a person has violated this section on
three separate occasions, the agency shall suspend the person's
license.

Sec.
1561.26.
(A)
As used in this section:

(1)
"EMT-basic," "EMT-I," and "paramedic"
have the same meanings as in section 4765.01 of the Revised Code.

(2)
"Mine medical responder" has the same meaning as in section
1565.15 of the Revised Code.

(B)
The superintendent of rescue stations, with the approval of the chief
of the division of mineral resources management, shall, at each
rescue station provided for in section 1561.25 of the Revised Code,
train and employ rescue crews of six members each, one of whom shall
hold a mine foreperson or fire boss certificate and be designated
captain, and train and employ any number of such rescue crews as the
superintendent believes necessary. One member of a rescue crew shall
be certified as an EMT-basic, EMT-I, mine medical responder, or
paramedic. Each member of a rescue crew shall devote the time
specified by the chief each month for training purposes and shall be
available at all times to assist in rescue work at explosions, mine
fires, and other emergencies.

A
captain of mine rescue crews shall receive for service as captain the
sum of twenty-four dollars per month, and each member shall receive
the sum of twenty dollars per month, all payable on requisition
approved by the chief. When engaged in rescue work at explosions,
mine fires, or other emergencies away from their station, the members
of the rescue crews and captains of the same shall be paid the sum of
six dollars per hour for work on the surface, which includes the time
consumed by those members in traveling to and from the scene of the
emergency when the scene is away from the station of the members, and
the sum of seven dollars per hour for all work underground at the
emergency, and in addition thereto, the necessary living expenses of
the members when the emergency is away from their home station, all
payable on requisition approved by the chief.

Each
member of a mine rescue crew shall undergo an annual medical
examination. The chief may designate to perform an examination any
individual authorized by the Revised Code to do so, including a
physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. In designating the individual to perform a
medical examination, the chief shall choose one near the station of
the member of the rescue crews. The examiner shall report the
examination results to the chief and if, in the opinion of the chief,
the report indicates that the member is physically unfit for further
services, the chief shall relieve the member from further duty. The
fee charged by the examiner for the examination shall be paid in the
same manner as fees are paid to doctors employed by the industrial
commission for special medical examinations.

The
chief may remove any member of a rescue crew for any reason. Such
crews shall be subject to the orders of the chief, the
superintendent, and the deputy mine inspectors when engaged in actual
mine rescue work. Mine rescue crews shall, in case of death or injury
when engaged in rescue work, wherever the same may occur, be paid
compensation, or their dependents shall be paid death benefits, from
the workers' compensation fund, in the same manner as other employees
of the state.

(C)
In addition to the training of rescue crews, each assistant
superintendent of rescue stations, with the approval of the
superintendent, shall provide for and conduct safety, first aid, and
rescue classes at any mine or for any group of miners who make
application for the conducting of such classes. The chief may assess
a fee for safety and first aid classes for the purpose of covering
the costs associated with providing those classes. The chief shall
establish a fee schedule for safety and first aid classes by rule
adopted in accordance with Chapter 119. of the Revised Code. Fees
collected under this section shall be deposited in the mining
regulation and safety fund created in section 1513.30 of the Revised
Code.

The
superintendent shall prescribe and provide for a uniform schedule of
conducting such safety and rescue classes as will provide a competent
knowledge of modern safety and rescue methods in, at, and about
mines.

(D)
No member of a mine rescue crew who performs mine rescue at an
underground coal mine and no operator of a mine whose employee
participates as a member of such a mine rescue crew is liable in any
civil action that arises under the laws of this state for damage or
injury caused in the performance of rescue work at an underground
coal mine. However, a member of such a mine rescue crew may be liable
if the member acted with malicious purpose, in bad faith, or in a
wanton or reckless manner.

This
division does not eliminate, limit, or reduce any immunity from civil
liability that is conferred on a member of such a mine rescue crew or
an operator by any other provision of the Revised Code or by case
law.

Sec.
1751.01.
As
used in this chapter:

(A)(1)
"Basic health care services" means the following services
when medically necessary:

(a)
Physician's services, except when such services are supplemental
under division (B) of this section;

(b)
Inpatient hospital services;

(c)
Outpatient medical services;

(d)
Emergency health services;

(e)
Urgent care services;

(f)
Diagnostic laboratory services and diagnostic and therapeutic
radiologic services;

(g)
Diagnostic and treatment services, other than prescription drug
services, for biologically based mental illnesses;

(h)
Preventive health care services, including, but not limited to,
voluntary family planning services, infertility services, periodic
physical examinations, prenatal obstetrical care, and well-child
care;

(i)
Routine patient care for patients enrolled in an eligible cancer
clinical trial pursuant to section 3923.80 of the Revised Code.

"Basic
health care services" does not include experimental procedures.

Except
as provided by divisions (A)(2) and (3) of this section in connection
with the offering of coverage for diagnostic and treatment services
for biologically based mental illnesses, a health insuring
corporation shall not offer coverage for a health care service,
defined as a basic health care service by this division, unless it
offers coverage for all listed basic health care services. However,
this requirement does not apply to the coverage of beneficiaries
enrolled in medicare pursuant to a medicare contract, or to the
coverage of beneficiaries enrolled in the federal employee health
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage of
medicaid recipients, or to the coverage of beneficiaries under any
federal health care program regulated by a federal regulatory body,
or to the coverage of beneficiaries under any contract covering
officers or employees of the state that has been entered into by the
department of administrative services.

(2)
A health insuring corporation may offer coverage for diagnostic and
treatment services for biologically based mental illnesses without
offering coverage for all other basic health care services. A health
insuring corporation may offer coverage for diagnostic and treatment
services for biologically based mental illnesses alone or in
combination with one or more supplemental health care services.
However, a health insuring corporation that offers coverage for any
other basic health care service shall offer coverage for diagnostic
and treatment services for biologically based mental illnesses in
combination with the offer of coverage for all other listed basic
health care services.

(3)
A health insuring corporation that offers coverage for basic health
care services is not required to offer coverage for diagnostic and
treatment services for biologically based mental illnesses in
combination with the offer of coverage for all other listed basic
health care services if all of the following apply:

(a)
The health insuring corporation submits documentation certified by an
independent member of the American academy of actuaries to the
superintendent of insurance showing that incurred claims for
diagnostic and treatment services for biologically based mental
illnesses for a period of at least six months independently caused
the health insuring corporation's costs for claims and administrative
expenses for the coverage of basic health care services to increase
by more than one per cent per year.

(b)
The health insuring corporation submits a signed letter from an
independent member of the American academy of actuaries to the
superintendent of insurance opining that the increase in costs
described in division (A)(3)(a) of this section could reasonably
justify an increase of more than one per cent in the annual premiums
or rates charged by the health insuring corporation for the coverage
of basic health care services.

(c)
The superintendent of insurance makes the following determinations
from the documentation and opinion submitted pursuant to divisions
(A)(3)(a) and (b) of this section:

(i)
Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the health insuring corporation's costs
for claims and administrative expenses for the coverage of basic
health care services to increase by more than one per cent per year.

(ii)
The increase in costs reasonably justifies an increase of more than
one per cent in the annual premiums or rates charged by the health
insuring corporation for the coverage of basic health care services.

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

(B)(1)
"Supplemental health care services" means any health care
services other than basic health care services that a health insuring
corporation may offer, alone or in combination with either basic
health care services or other supplemental health care services, and
includes:

(a)
Services of facilities for intermediate or long-term care, or both;

(b)
Dental care services;

(c)
Vision care and optometric services including lenses and frames;

(d)
Podiatric care or foot care services;

(e)
Mental health services, excluding diagnostic and treatment services
for biologically based mental illnesses;

(f)
Short-term outpatient evaluative and crisis-intervention mental
health services;

(g)
Medical or psychological treatment and referral services for alcohol
and drug abuse or addiction;

(h)
Home health services;

(i)
Prescription drug services;

(j)
Nursing services;

(k)
Services of a dietitian licensed under Chapter 4759. of the Revised
Code;

(l)
Physical therapy services;

(m)
Chiropractic services;

(n)
Any other category of services approved by the superintendent of
insurance.

(2)
If a health insuring corporation offers prescription drug services
under this division, the coverage shall include prescription drug
services for the treatment of biologically based mental illnesses on
the same terms and conditions as other physical diseases and
disorders.

(C)
"Specialty health care services" means one of the
supplemental health care services listed in division (B) of this
section, when provided by a health insuring corporation on an
outpatient-only basis and not in combination with other supplemental
health care services.

(D)
"Biologically based mental illnesses" means schizophrenia,
schizoaffective disorder, major depressive disorder, bipolar
disorder, paranoia and other psychotic disorders,
obsessive-compulsive disorder, and panic disorder, as these terms are
defined in the most recent edition of the diagnostic and statistical
manual of mental disorders published by the American psychiatric
association.

(E)
"Closed panel plan" means a health care plan that requires
enrollees to use participating providers.

(F)
"Compensation" means remuneration for the provision of
health care services, determined on other than a fee-for-service or
discounted-fee-for-service basis.

(G)
"Contractual periodic prepayment" means the formula for
determining the premium rate for all subscribers of a health insuring
corporation.

(H)
"Corporation" means a corporation formed under Chapter
1701. or 1702. of the Revised Code or the similar laws of another
state.

(I)
"Emergency health services" means those health care
services that must be available on a seven-days-per-week,
twenty-four-hours-per-day basis in order to prevent jeopardy to an
enrollee's health status that would occur if such services were not
received as soon as possible, and includes, where appropriate,
provisions for transportation and indemnity payments or service
agreements for out-of-area coverage.

(J)
"Enrollee" means any natural person who is entitled to
receive health care benefits provided by a health insuring
corporation.

(K)
"Evidence of coverage" means any certificate, agreement,
policy, or contract issued to a subscriber that sets out the coverage
and other rights to which such person is entitled under a health care
plan.

(L)
"Health care facility" means any facility, except a health
care practitioner's office, that provides preventive, diagnostic,
therapeutic, acute convalescent, rehabilitation, mental health,
intellectual disability, intermediate care, or skilled nursing
services.

(M)
"Health care services" means basic, supplemental, and
specialty health care services.

(N)
"Health delivery network" means any group of providers or
health care facilities, or both, or any representative thereof, that
have entered into an agreement to offer health care services in a
panel rather than on an individual basis.

(O)
"Health insuring corporation" means a corporation, as
defined in division (H) of this section, that, pursuant to a policy,
contract, certificate, or agreement, pays for, reimburses, or
provides, delivers, arranges for, or otherwise makes available, basic
health care services, supplemental health care services, or specialty
health care services, or a combination of basic health care services
and either supplemental health care services or specialty health care
services, through either an open panel plan or a closed panel plan.

"Health
insuring corporation" does not include a limited liability
company formed pursuant to Chapter 1705. or 1706. of the Revised
Code, an insurer licensed under Title XXXIX of the Revised Code if
that insurer offers only open panel plans under which all providers
and health care facilities participating receive their compensation
directly from the insurer, a corporation formed by or on behalf of a
political subdivision or a department, office, or institution of the
state, or a public entity formed by or on behalf of a board of county
commissioners, a county board of developmental disabilities, an
alcohol and drug addiction services board, a board of alcohol, drug
addiction, and mental health services, or a community mental health
board, as those terms are used in Chapters 340. and 5126. of the
Revised Code. Except as provided by division (D) of section 1751.02
of the Revised Code, or as otherwise provided by law, no board,
commission, agency, or other entity under the control of a political
subdivision may accept insurance risk in providing for health care
services. However, nothing in this division shall be construed as
prohibiting such entities from purchasing the services of a health
insuring corporation or a third-party administrator licensed under
Chapter 3959. of the Revised Code.

(P)
"Intermediary organization" means a health delivery network
or other entity that contracts with licensed health insuring
corporations or self-insured employers, or both, to provide health
care services, and that enters into contractual arrangements with
other entities for the provision of health care services for the
purpose of fulfilling the terms of its contracts with the health
insuring corporations and self-insured employers.

(Q)
"Intermediate care" means residential care above the level
of room and board for patients who require personal assistance and
health-related services, but who do not require skilled nursing care.

(R)
"Medical record" means the personal information that
relates to an individual's physical or mental condition, medical
history, or medical treatment.

(S)(1)
"Open panel plan" means a health care plan that provides
incentives for enrollees to use participating providers and that also
allows enrollees to use providers that are not participating
providers.

(2)
No health insuring corporation may offer an open panel plan, unless
the health insuring corporation is also licensed as an insurer under
Title XXXIX of the Revised Code, the health insuring corporation, on
June 4, 1997, holds a certificate of authority or license to operate
under Chapter 1736. or 1740. of the Revised Code, or an insurer
licensed under Title XXXIX of the Revised Code is responsible for the
out-of-network risk as evidenced by both an evidence of coverage
filing under section 1751.11 of the Revised Code and a policy and
certificate filing under section 3923.02 of the Revised Code.

(T)
"Osteopathic hospital" means a hospital registered under
section 3701.07 of the Revised Code that advocates osteopathic
principles and the practice and perpetuation of osteopathic medicine
by doing any of the following:

(1)
Maintaining a department or service of osteopathic medicine or a
committee on the utilization of osteopathic principles and methods,
under the supervision of an osteopathic physician;

(2)
Maintaining an active medical staff, the majority of which is
comprised of osteopathic physicians;

(3)
Maintaining a medical staff executive committee that has osteopathic
physicians as a majority of its members.

(U)
"Panel" means a group of providers or health care
facilities that have joined together to deliver health care services
through a contractual arrangement with a health insuring corporation,
employer group, or other payor.

(V)
"Person" has the same meaning as in section 1.59 of the
Revised Code, and, unless the context otherwise requires, includes
any insurance company holding a certificate of authority under Title
XXXIX of the Revised Code, any subsidiary and affiliate of an
insurance company, and any government agency.

(W)
"Premium rate" means any set fee regularly paid by a
subscriber to a health insuring corporation. A "premium rate"
does not include a one-time membership fee, an annual administrative
fee, or a nominal access fee, paid to a managed health care system
under which the recipient of health care services remains solely
responsible for any charges accessed for those services by the
provider or health care facility.

(X)
"Primary care provider" means a provider that is designated
by a health insuring corporation to supervise, coordinate, or provide
initial care or continuing care to an enrollee, and that may be
required by the health insuring corporation to initiate a referral
for specialty care and to maintain supervision of the health care
services rendered to the enrollee.

(Y)
"Provider" means any natural person or partnership of
natural persons who are licensed, certified, accredited, or otherwise
authorized in this state to furnish health care services, or any
professional association organized under Chapter 1785. of the Revised
Code, provided that nothing in this chapter or other provisions of
law shall be construed to preclude a health insuring corporation,
health care practitioner, or organized health care group associated
with a health insuring corporation from employing certified nurse
practitioners, certified nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, pharmacists, dietitians,
physician
assistants
associates
,
dental assistants, dental hygienists, optometric technicians, or
other allied health personnel who are licensed, certified,
accredited, or otherwise authorized in this state to furnish health
care services.

(Z)
"Provider sponsored organization" means a corporation, as
defined in division (H) of this section, that is at least eighty per
cent owned or controlled by one or more hospitals, as defined in
section 3727.01 of the Revised Code, or one or more physicians
licensed to practice medicine or surgery or osteopathic medicine and
surgery under Chapter 4731. of the Revised Code, or any combination
of such physicians and hospitals. Such control is presumed to exist
if at least eighty per cent of the voting rights or governance rights
of a provider sponsored organization are directly or indirectly
owned, controlled, or otherwise held by any combination of the
physicians and hospitals described in this division.

(AA)
"Solicitation document" means the written materials
provided to prospective subscribers or enrollees, or both, and used
for advertising and marketing to induce enrollment in the health care
plans of a health insuring corporation.

(BB)
"Subscriber" means a person who is responsible for making
payments to a health insuring corporation for participation in a
health care plan, or an enrollee whose employment or other status is
the basis of eligibility for enrollment in a health insuring
corporation.

(CC)
"Urgent care services" means those health care services
that are appropriately provided for an unforeseen condition of a kind
that usually requires medical attention without delay but that does
not pose a threat to the life, limb, or permanent health of the
injured or ill person, and may include such health care services
provided out of the health insuring corporation's approved service
area pursuant to indemnity payments or service agreements.

Sec.
1785.01.
As
used in this chapter:

(A)
"Professional service" means any type of professional
service that may be performed only pursuant to a license,
certificate, or other legal authorization issued pursuant to Chapter
4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732.,
4733., 4734., 4741., 4755., or 4757. of the Revised Code to certified
public accountants, licensed public accountants, architects,
attorneys, dentists, nurses, optometrists, pharmacists, physician

assistants
associates
,
doctors of medicine and surgery, doctors of osteopathic medicine and
surgery, doctors of podiatric medicine and surgery, practitioners of
the limited branches of medicine specified in section 4731.15 of the
Revised Code, mechanotherapists, psychologists, professional
engineers, chiropractors, chiropractors practicing acupuncture
through the state chiropractic board, veterinarians, physical
therapists, occupational therapists, licensed professional clinical
counselors, licensed professional counselors, independent social
workers, social workers, independent marriage and family therapists,
marriage and family therapists, art therapists, and music therapists.

(B)
"Professional association" means an association organized
under this chapter for the sole purpose of rendering one of the
professional services authorized under Chapter 4701., 4703., 4705.,
4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733., 4734., 4741.,
4755., or 4757. of the Revised Code, a combination of the
professional services authorized under Chapters 4703. and 4733. of
the Revised Code, or a combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code to
practice chiropractic or acupuncture, psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed practical
nurses authorized under Chapter 4723. of the Revised Code,
pharmacists authorized under Chapter 4729. of the Revised Code,
physical therapists authorized under sections 4755.40 to 4755.56 of
the Revised Code, occupational therapists authorized under sections
4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized
under section 4731.151 of the Revised Code, doctors of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery authorized under Chapter 4731. of the Revised Code, and
licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers, independent
marriage and family therapists, marriage and family therapists, art
therapists, or music therapists authorized under Chapter 4757. of the
Revised Code.

Sec.
2108.61.
(A)
As used in this section and sections 2108.62 and 2108.63 of the
Revised Code:

(1)
"Health care institution" means a hospital registered as
such under section 3701.07 of the Revised Code or a freestanding
birthing center.

(2)
"Health care professional" means a physician authorized
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery; a registered nurse,
including a certified nurse-midwife, authorized to practice under
Chapter 4723. of the Revised Code; or a physician
assistant

associate

authorized
to practice under Chapter

4130.

4730.

of the Revised Code.

(3)
"Umbilical cord blood" means the blood that remains in the
umbilical cord and placenta after the birth of a newborn child.

(B)
The department of health shall encourage health care professionals
who provide health care services that are directly related to a
woman's pregnancy to provide a woman before her third trimester of
pregnancy with the publications described in section 2108.62 of the
Revised Code.

Sec.
2133.01.
Unless
the context otherwise requires, as used in sections 2133.01 to
2133.15 of the Revised Code:

(A)
"Adult" means an individual who is eighteen years of age or
older.

(B)
"Attending physician" means the physician to whom a
declarant or other patient, or the family of a declarant or other
patient, has assigned primary responsibility for the treatment or
care of the declarant or other patient, or, if the responsibility has
not been assigned, the physician who has accepted that
responsibility.

(C)
"Comfort care" means any of the following:

(1)
Nutrition when administered to diminish the pain or discomfort of a
declarant or other patient, but not to postpone the declarant's or
other patient's death;

(2)
Hydration when administered to diminish the pain or discomfort of a
declarant or other patient, but not to postpone the declarant's or
other patient's death;

(3)
Any other medical or nursing procedure, treatment, intervention, or
other measure that is taken to diminish the pain or discomfort of a
declarant or other patient, but not to postpone the declarant's or
other patient's death.

(D)
"Consulting physician" means a physician who, in
conjunction with the attending physician of a declarant or other
patient, makes one or more determinations that are required to be
made by the attending physician, or to be made by the attending
physician and one other physician, by an applicable provision of this
chapter, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards.

(E)
"Declarant" means any adult who has executed a declaration
in accordance with section 2133.02 of the Revised Code.

(F)
"Declaration" means a written document executed in
accordance with section 2133.02 of the Revised Code.

(G)
"Durable power of attorney for health care" means a
document created pursuant to sections 1337.11 to 1337.17 of the
Revised Code.

(H)
"Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care and
management of the person of an incompetent.

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

(1)
A hospital;

(2)
A hospice care program, pediatric respite care program, or other
institution that specializes in comfort care of patients in a
terminal condition or in a permanently unconscious state;

(3)
A nursing home or residential care facility, as defined in section
3721.01 of the Revised Code;

(4)
A home health agency and any residential facility where a person is
receiving care under the direction of a home health agency;

(5)
An intermediate care facility for individuals with intellectual
disabilities.

(J)
"Health care personnel" means physicians, nurses, physician

assistants
associates
,
emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic,
medical technicians, dietitians, other authorized persons acting
under the direction of an attending physician, and administrators of
health care facilities.

(K)
"Home health agency" has the same meaning as in section
3740.01 of the Revised Code.

(L)
"Hospice care program" and "pediatric respite care
program" have the same meanings as in section 3712.01 of the
Revised Code.

(M)
"Hospital" has the same meanings as in sections 3701.01,
3727.01, and 5122.01 of the Revised Code.

(N)
"Hydration" means fluids that are artificially or
technologically administered.

(O)
"Incompetent" has the same meaning as in section 2111.01 of
the Revised Code.

(P)
"Intermediate care facility for the individuals with
intellectual disabilities" has the same meaning as in section
5124.01 of the Revised Code.

(Q)
"Life-sustaining treatment" means any medical procedure,
treatment, intervention, or other measure that, when administered to
a qualified patient or other patient, will serve principally to
prolong the process of dying.

(R)
"Nurse" means a person who is licensed to practice nursing
as a registered nurse or to practice practical nursing as a licensed
practical nurse pursuant to Chapter 4723. of the Revised Code.

(S)
"Nursing home" has the same meaning as in section 3721.01
of the Revised Code.

(T)
"Nutrition" means sustenance that is artificially or
technologically administered.

(U)
"Permanently unconscious state" means a state of permanent
unconsciousness in a declarant or other patient that, to a reasonable
degree of medical certainty as determined in accordance with
reasonable medical standards by the declarant's or other patient's
attending physician and one other physician who has examined the
declarant or other patient, is characterized by both of the
following:

(1)
Irreversible unawareness of one's being and environment.

(2)
Total loss of cerebral cortical functioning, resulting in the
declarant or other patient having no capacity to experience pain or
suffering.

(V)
"Person" has the same meaning as in section 1.59 of the
Revised Code and additionally includes political subdivisions and
governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.

(W)
"Physician" means a person who is authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(X)
"Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.

(Y)
"Professional disciplinary action" means action taken by
the board or other entity that regulates the professional conduct of
health care personnel, including the state medical board and the
board of nursing.

(Z)
"Qualified patient" means an adult who has executed a
declaration and has been determined to be in a terminal condition or
in a permanently unconscious state.

(AA)
"Terminal condition" means an irreversible, incurable, and
untreatable condition caused by disease, illness, or injury from
which, to a reasonable degree of medical certainty as determined in
accordance with reasonable medical standards by a declarant's or
other patient's attending physician and one other physician who has
examined the declarant or other patient, both of the following apply:

(1)
There can be no recovery.

(2)
Death is likely to occur within a relatively short time if
life-sustaining treatment is not administered.

(BB)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property, other than a civil action for
damages for breach of a contract or another agreement between
persons.

Sec.
2133.211.
A
person who holds a current, valid license issued under Chapter 4723.
of the Revised Code to practice as an advanced practice registered
nurse may take any action that may be taken by an attending physician
under sections 2133.21 to 2133.26 of the Revised Code and has the
immunity provided by section 2133.22 of the Revised Code if the
action is taken pursuant to a standard care arrangement with a
collaborating physician.

A
person who holds a license to practice as a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code may take any action that may
be taken by an attending physician under sections 2133.21 to 2133.26
of the Revised Code and has the immunity provided by section 2133.22
of the Revised Code if the action is taken pursuant to a supervision
agreement entered into under section 4730.19 of the Revised Code,
including, if applicable, the policies of a health care facility in
which the physician
assistant

associate

is
practicing.

Sec.
2135.01.
As
used in sections 2135.01 to 2135.15 of the Revised Code:

(A)
"Adult" means a person who is eighteen years of age or
older.

(B)
"Capacity to consent to mental health treatment decisions"
means the functional ability to understand information about the
risks of, benefits of, and alternatives to the proposed mental health
treatment, to rationally use that information, to appreciate how that
information applies to the declarant, and to express a choice about
the proposed treatment.

(C)
"Declarant" means an adult who has executed a declaration
for mental health treatment in accordance with this chapter.

(D)
"Declaration for mental health treatment" or "declaration"
means a written document declaring preferences or instructions
regarding mental health treatment executed in accordance with this
chapter.

(E)
"Designated physician" means the physician the declarant
has named in a declaration for mental health treatment and has
assigned the primary responsibility for the declarant's mental health
treatment or, if the declarant has not so named a physician, the
physician who has accepted that responsibility.

(F)
"Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care and
management of the person of an incompetent.

(G)
"Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or treat an individual's physical or
mental condition or physical or mental health.

(H)
"Health care facility" has the same meaning as in section
1337.11 of the Revised Code.

(I)
"Incompetent" has the same meaning as in section 2111.01 of
the Revised Code.

(J)
"Informed consent" means consent voluntarily given by a
person after a sufficient explanation and disclosure of the subject
matter involved to enable that person to have a general understanding
of the nature, purpose, and goal of the treatment or procedures,
including the substantial risks and hazards inherent in the proposed
treatment or procedures and any alternative treatment or procedures,
and to make a knowing health care decision without coercion or undue
influence.

(K)
"Medical record" means any document or combination of
documents that pertains to a declarant's medical history, diagnosis,
prognosis, or medical condition and that is generated and maintained
in the process of the declarant's health care.

(L)
"Mental health treatment" means any care, treatment,
service, or procedure to maintain, diagnose, or treat an individual's
mental condition or mental health, including, but not limited to,
electroconvulsive or other convulsive treatment, treatment of mental
illness with medication, and admission to and retention in a health
care facility.

(M)
"Mental health treatment decision" means informed consent,
refusal to give informed consent, or withdrawal of informed consent
to mental health treatment.

(N)
"Mental health treatment provider" means physicians,
physician
assistants
associates
,
psychologists, licensed independent social workers, licensed
professional clinical counselors, and psychiatric nurses.

(O)
"Physician" means a person who is authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(P)
"Professional disciplinary action" means action taken by
the board or other entity that regulates the professional conduct of
health care personnel, including, but not limited to, the state
medical board, the state board of psychology, and the state board of
nursing.

(Q)
"Proxy" means an adult designated to make mental health
treatment decisions for a declarant under a valid declaration for
mental health treatment.

(R)
"Psychiatric nurse" means a registered nurse who holds a
master's degree or doctorate in nursing with a specialization in
psychiatric nursing.

(S)
"Psychiatrist" has the same meaning as in section 5122.01
of the Revised Code.

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

(U)
"Registered nurse" has the same meaning as in section
4723.01 of the Revised Code.

(V)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property, other than a civil action for
damages for a breach of contract or another agreement between
persons.

Sec.
2151.3515.
As
used in sections 2151.3515 to 2151.3533 of the Revised Code:

(A)
"Emergency medical service organization," "emergency
medical technician-basic," "emergency medical
technician-intermediate," "first responder," and
"paramedic" have the same meanings as in section 4765.01 of
the Revised Code.

(B)
"Emergency medical service worker" means a first responder,
emergency medical technician-basic, emergency medical
technician-intermediate, or paramedic.

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

(D)
"Hospital employee" means any of the following persons:

(1)
A physician or advanced practice registered nurse who has been
granted privileges to practice at the hospital;

(2)
A nurse, physician
assistant
associate
,
or nursing assistant employed by the hospital;

(3)
An authorized person employed by the hospital who is acting under the
direction of a physician or nurse described in division (D)(1) of
this section.

(E)
"Law enforcement agency" means an organization or entity
made up of peace officers.

(F)
"Nurse" means a person who is licensed under Chapter 4723.
of the Revised Code to practice as a registered nurse or licensed
practical nurse.

(G)
"Nursing assistant" means a person designated by a hospital
as a nurse aide or nursing assistant whose job is to aid nurses,
physicians, and physician
assistants

associates

in
the performance of their duties.

(H)
"Peace officer" means a sheriff, deputy sheriff, constable,
police officer of a township or joint police district, marshal,
deputy marshal, municipal police officer, or a state highway patrol
trooper.

(I)
"Peace officer support employee" means an authorized person
employed by a law enforcement agency who is acting under the
direction of a peace officer.

(J)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(K)
"Physician
assistant
associate
"
means an individual who holds a current, valid license to practice as
a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code.

(L)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

Sec.
2151.53.
Any
person coming within sections 2151.01 to 2151.54 of the Revised Code
may be subjected to a physical examination by competent physicians,
physician
assistants
associates
,
clinical nurse specialists, and certified nurse practitioners, and a
mental examination by competent psychologists, psychiatrists, and
clinical nurse specialists that practice the specialty of mental
health or psychiatric mental health to be appointed by the juvenile
court. Whenever any child is committed to any institution by virtue
of such sections, a record of such examinations shall be sent with
the commitment to such institution. The compensation of such
physicians, physician
assistants
associates
,
clinical nurse specialists, certified nurse practitioners,
psychologists, and psychiatrists and the expenses of such
examinations shall be paid by the county treasurer upon specifically
itemized vouchers, certified by the juvenile judge.

Sec.
2305.113.
(A)
Except as otherwise provided in this section, an action upon a
medical, dental, optometric, or chiropractic claim shall be commenced
within one year after the cause of action accrued.

(B)(1)
If prior to the expiration of the one-year period specified in
division (A) of this section, a claimant who allegedly possesses a
medical, dental, optometric, or chiropractic claim gives to the
person who is the subject of that claim written notice that the
claimant is considering bringing an action upon that claim, that
action may be commenced against the person notified at any time
within one hundred eighty days after the notice is so given.

(2)
A claimant who allegedly possesses a medical claim and who intends to
give to the person who is the subject of that claim the written
notice described in division (B)(1) of this section shall give that
notice by sending it by certified mail, return receipt requested,
addressed to any of the following:

(a)
The person's residence;

(b)
The person's professional practice;

(c)
The person's employer;

(d)
The business address of the person on file with the state medical
board or other appropriate agency that issued the person's
professional license.

(3)
An insurance company shall not consider the existence or nonexistence
of a written notice described in division (B)(1) of this section in
setting the liability insurance premium rates that the company may
charge the company's insured person who is notified by that written
notice.

(C)
Except as to persons within the age of minority or of unsound mind as
provided by section 2305.16 of the Revised Code, and except as
provided in division (D) of this section, both of the following
apply:

(1)
No action upon a medical, dental, optometric, or chiropractic claim
shall be commenced more than four years after the occurrence of the
act or omission constituting the alleged basis of the medical,
dental, optometric, or chiropractic claim.

(2)
If an action upon a medical, dental, optometric, or chiropractic
claim is not commenced within four years after the occurrence of the
act or omission constituting the alleged basis of the medical,
dental, optometric, or chiropractic claim, then, any action upon that
claim is barred.

(D)(1)
If a person making a medical claim, dental claim, optometric claim,
or chiropractic claim, in the exercise of reasonable care and
diligence, could not have discovered the injury resulting from the
act or omission constituting the alleged basis of the claim within
three years after the occurrence of the act or omission, but, in the
exercise of reasonable care and diligence, discovers the injury
resulting from that act or omission before the expiration of the
four-year period specified in division (C)(1) of this section, the
person may commence an action upon the claim not later than one year
after the person discovers the injury resulting from that act or
omission.

(2)
If the alleged basis of a medical claim, dental claim, optometric
claim, or chiropractic claim is the occurrence of an act or omission
that involves a foreign object that is left in the body of the person
making the claim, the person may commence an action upon the claim
not later than one year after the person discovered the foreign
object or not later than one year after the person, with reasonable
care and diligence, should have discovered the foreign object.

(3)
A person who commences an action upon a medical claim, dental claim,
optometric claim, or chiropractic claim under the circumstances
described in division (D)(1) or (2) of this section has the
affirmative burden of proving, by clear and convincing evidence, that
the person, with reasonable care and diligence, could not have
discovered the injury resulting from the act or omission constituting
the alleged basis of the claim within the three-year period described
in division (D)(1) of this section or within the one-year period
described in division (D)(2) of this section, whichever is
applicable.

(E)
As used in this section:

(1)
"Hospital" includes any person, corporation, association,
board, or authority that is responsible for the operation of any
hospital licensed or registered in the state, including, but not
limited to, those that are owned or operated by the state, political
subdivisions, any person, any corporation, or any combination of the
state, political subdivisions, persons, and corporations. "Hospital"
also includes any person, corporation, association, board, entity, or
authority that is responsible for the operation of any clinic that
employs a full-time staff of physicians practicing in more than one
recognized medical specialty and rendering advice, diagnosis, care,
and treatment to individuals. "Hospital" does not include
any hospital operated by the government of the United States or any
of its branches.

(2)
"Physician" means a person who is licensed to practice
medicine and surgery or osteopathic medicine and surgery by the state
medical board or a person who otherwise is authorized to practice
medicine and surgery or osteopathic medicine and surgery in this
state.

(3)
"Medical claim" means any claim that is asserted in any
civil action against a physician, podiatrist, hospital, home, or
residential facility, against any employee or agent of a physician,
podiatrist, hospital, home, or residential facility, or against a
licensed practical nurse, registered nurse, advanced practice
registered nurse, physical therapist, physician
assistant
associate
,
emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic,
and that arises out of the medical diagnosis, care, or treatment of
any person. "Medical claim" includes the following:

(a)
Derivative claims for relief that arise from the medical diagnosis,
care, or treatment of a person;

(b)
Derivative claims for relief that arise from the plan of care
prepared for a resident of a home;

(c)
Claims that arise out of the medical diagnosis, care, or treatment of
any person or claims that arise out of the plan of care prepared for
a resident of a home and to which both types of claims either of the
following applies:

(i)
The claim results from acts or omissions in providing medical care.

(ii)
The claim results from the hiring, training, supervision, retention,
or termination of caregivers providing medical diagnosis, care, or
treatment.

(d)
Claims that arise out of the plan of care, medical diagnosis, or
treatment of any person and that are brought under section 3721.17 of
the Revised Code;

(e)
Claims that arise out of skilled nursing care or personal care
services provided in a home pursuant to the plan of care, medical
diagnosis, or treatment.

(4)
"Podiatrist" means any person who is licensed to practice
podiatric medicine and surgery by the state medical board.

(5)
"Dentist" means any person who is licensed to practice
dentistry by the state dental board.

(6)
"Dental claim" means any claim that is asserted in any
civil action against a dentist, or against any employee or agent of a
dentist, and that arises out of a dental operation or the dental
diagnosis, care, or treatment of any person. "Dental claim"
includes derivative claims for relief that arise from a dental
operation or the dental diagnosis, care, or treatment of a person.

(7)
"Derivative claims for relief" include, but are not limited
to, claims of a parent, guardian, custodian, or spouse of an
individual who was the subject of any medical diagnosis, care, or
treatment, dental diagnosis, care, or treatment, dental operation,
optometric diagnosis, care, or treatment, or chiropractic diagnosis,
care, or treatment, that arise from that diagnosis, care, treatment,
or operation, and that seek the recovery of damages for any of the
following:

(a)
Loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education, or any other intangible loss that was
sustained by the parent, guardian, custodian, or spouse;

(b)
Expenditures of the parent, guardian, custodian, or spouse for
medical, dental, optometric, or chiropractic care or treatment, for
rehabilitation services, or for other care, treatment, services,
products, or accommodations provided to the individual who was the
subject of the medical diagnosis, care, or treatment, the dental
diagnosis, care, or treatment, the dental operation, the optometric
diagnosis, care, or treatment, or the chiropractic diagnosis, care,
or treatment.

(8)
"Registered nurse" means any person who is licensed to
practice nursing as a registered nurse by the board of nursing.

(9)
"Chiropractic claim" means any claim that is asserted in
any civil action against a chiropractor, or against any employee or
agent of a chiropractor, and that arises out of the chiropractic
diagnosis, care, or treatment of any person. "Chiropractic
claim" includes derivative claims for relief that arise from the
chiropractic diagnosis, care, or treatment of a person.

(10)
"Chiropractor" means any person who is licensed to practice
chiropractic by the state chiropractic board.

(11)
"Optometric claim" means any claim that is asserted in any
civil action against an optometrist, or against any employee or agent
of an optometrist, and that arises out of the optometric diagnosis,
care, or treatment of any person. "Optometric claim"
includes derivative claims for relief that arise from the optometric
diagnosis, care, or treatment of a person.

(12)
"Optometrist" means any person licensed to practice
optometry by the state vision professionals board.

(13)
"Physical therapist" means any person who is licensed to
practice physical therapy under Chapter 4755. of the Revised Code.

(14)
"Home" has the same meaning as in section 3721.10 of the
Revised Code.

(15)
"Residential facility" means a facility licensed under
section 5123.19 of the Revised Code.

(16)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(17)
"Licensed practical nurse" means any person who is licensed
to practice nursing as a licensed practical nurse by the board of
nursing pursuant to Chapter 4723. of the Revised Code.

(18)
"Physician
assistant
associate
"
means any person who is licensed as a physician
assistant

associate

under
Chapter 4730. of the Revised Code.

(19)
"Emergency medical technician-basic," "emergency
medical technician-intermediate," and "emergency medical
technician-paramedic" means any person who is certified under
Chapter 4765. of the Revised Code as an emergency medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic, whichever is applicable.

(20)
"Skilled nursing care" and "personal care services"
have the same meanings as in section 3721.01 of the Revised Code.

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

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

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

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

(4)
"Health care facility or location" means a hospital,
clinic, ambulatory surgical facility, office of a health care
professional or associated group of health care professionals,
training institution for health care professionals, a free clinic or
other nonprofit shelter or health care facility as those terms are
defined in section 3701.071 of the Revised Code, or any other place
where medical, dental, or other health-related diagnosis, care, or
treatment is provided to a person.

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

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

(b)
Advanced practice registered nurses, registered nurses, and licensed
practical nurses licensed under Chapter 4723. of the Revised Code;

(c)
Physician
assistants

associates

authorized
to practice under Chapter 4730. of the Revised Code;

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

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

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

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

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

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

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

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

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

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

(n)
Licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers, independent
marriage and family therapists, and marriage and family therapists,
licensed under Chapter 4757. of the Revised Code;

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

(p)
Independent chemical dependency counselors-clinical supervisors,
independent chemical dependency counselors, chemical dependency
counselors III, and chemical dependency counselors II, licensed under
Chapter 4758. of the Revised Code, and chemical dependency counselor
assistants, prevention consultants, prevention specialists,
prevention specialist assistants, and registered applicants,
certified under that chapter;

(q)
Certified mental health assistants licensed under Chapter 4772. of
the Revised Code.

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

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

(a)
Relative to being indigent, the person's income is not greater than
two hundred per cent of the federal poverty line, as defined by the
United States office of management and budget and revised in
accordance with section 673(2) of the "Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended, except in any case in which division (A)(7)(b)(iii) of this
section includes a person whose income is greater than two hundred
per cent of the federal poverty line.

(b)
Relative to being uninsured, one of the following applies:

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

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

(iii)
Until June 30, 2019, the person is eligible for the medicaid program
or is a medicaid recipient.

(iv)
Except as provided in division (A)(7)(b)(iii) of this section, the
person is not eligible for or a recipient, enrollee, or beneficiary
of any governmental health care program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In
the case of the diagnosis, care, or treatment of an indigent and
uninsured person who is eligible for the medicaid program or is a
medicaid recipient, this section grants an immunity from tort or
other civil liability only if the person's diagnosis, care, or
treatment is provided in a free clinic, as defined in section
3701.071 of the Revised Code.

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

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

Sec.
2305.2311.
(A)
As used in this section:

(1)
"Advanced practice registered nurse" means an individual
who holds a current, valid license issued under Chapter 4723. of the
Revised Code to practice as an advanced practice registered nurse.

(2)
"Dentist" has the same meaning as in section 2305.231 of
the Revised Code.

(3)
"Disaster" means any occurrence of widespread personal
injury or loss of life that results from any natural or technological
phenomenon or act of a human, or an epidemic and is declared to be a
disaster by the federal government, the state government, or a
political subdivision of this state.

(4)
"Emergency medical technician" means an EMT-basic, an
EMT-I, or a paramedic.

(5)
"EMT-basic" means an individual who holds a current, valid
certificate issued under section 4765.30 of the Revised Code to
practice as an emergency medical technician-basic.

(6)
"EMT-I" means an individual who holds a current, valid
certificate issued under section 4765.30 of the Revised Code to
practice as an emergency medical technician-intermediate.

(7)
"Health care provider" means an advanced practice
registered nurse, a registered nurse, a pharmacist, a dentist, an
optometrist, a physician, a physician
assistant
associate
,
or a hospital.

(8)
"Hospital" and "medical claim" have the same
meanings as in section 2305.113 of the Revised Code.

(9)
"Optometrist" means a person who is licensed under Chapter
4725. of the Revised Code to practice optometry.

(10)
"Paramedic" means an individual who holds a current, valid
certificate issued under section 4765.30 of the Revised Code to
practice as an emergency medical technician-paramedic.

(11)
"Pharmacist" means an individual who holds a current, valid
license issued under Chapter 4729. of the Revised Code to practice as
a pharmacist.

(12)
"Physician" means an individual who is authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(13)
"Physician
assistant
associate
"
means an individual who is authorized under Chapter 4730. of the
Revised Code to practice as a physician
assistant
associate
.

(14)
"Reckless disregard" as it applies to a given health care
provider or emergency medical technician rendering emergency medical
services, first-aid treatment, or other emergency professional care,
including the provision of any medication or other medical product,
means conduct that a health care provider or emergency medical
technician knew or should have known, at the time those services or
that treatment or care were rendered, created an unreasonable risk of
injury, death, or loss to person or property so as to affect the life
or health of another and that risk was substantially greater than
that which is necessary to make the conduct negligent.

(15)
"Registered nurse" means an individual who holds a current,
valid license issued under Chapter 4723. of the Revised Code to
practice as a registered nurse.

(16)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property other than a civil action for
damages for a breach of contract or another agreement between persons
or governmental entities. "Tort action" includes an action
on a medical claim.

(B)
Subject to division (C)(3) of this section, a health care provider or
emergency medical technician that provides emergency medical
services, first-aid treatment, or other emergency professional care,
including the provision of any medication or other medical product,
as a result of a disaster is not liable in damages to any person in a
tort action for injury, death, or loss to person or property that
allegedly arises from an act or omission of the health care provider
or emergency medical technician in the health care provider's or
emergency medical technician's provision of those services or that
treatment or care if that act or omission does not constitute
reckless disregard for the consequences so as to affect the life or
health of the patient.

(C)(1)
This section does not create a new cause of action or substantive
legal right against a health care provider or emergency medical
technician.

(2)
This section does not affect any immunities from civil liability or
defenses established by another section of the Revised Code or
available at common law to which a health care provider or emergency
medical technician may be entitled in connection with the provision
of emergency medical services, first-aid treatment, or other
emergency professional care, including the provision of medication or
other medical product.

(3)
This section does not grant an immunity from tort or other civil
liability to a health care provider or emergency medical technician
for actions that are outside the scope of authority of the health
care provider or emergency medical technician.

(4)
This section does not affect any legal responsibility of a health
care provider or emergency medical technician to comply with any
applicable law of this state or rule of an agency of this state.

(5)
This section applies only to the provision of emergency medical
services, first-aid treatment, or other emergency professional care,
including the provision of any medication or other medical product,
by a health care provider or emergency medical technician as a result
of a disaster and through the duration of the disaster.

(D)
This section does not apply to a tort action alleging wrongful death
against a health care provider or emergency medical technician that
provides emergency medical services, first-aid treatment, or other
emergency professional care, including the provision of any
medication or other medical product, that allegedly arises from an
act or omission of the health care provider or emergency medical
technician in the health care provider's or emergency medical
technician's provision of those services or that treatment or care as
a result of a disaster.

Sec.
2305.41.
As
used in sections 2305.41 to 2305.49 of the Revised Code:

(A)
"Certified nurse practitioner," "clinical nurse
specialist," and "registered nurse" have the same
meanings as in section 4723.01 of the Revised Code.

(B)
"Emergency medical service provider" means an individual
who holds a current, valid certificate issued under section 4765.30
of the Revised Code to practice as an emergency medical
technician-basic, emergency medical technician-intermediate,
emergency medical technician-paramedic, or first responder.

(C)
"Emergency symbol" means the caduceus inscribed within a
six-barred cross used by the American medical association to denote
emergency information.

(D)
"Health care practitioner" means a physician, physician

assistant
associate
,
certified nurse practitioner, clinical nurse specialist, or
registered nurse.

(E)
"Identifying device" means an identifying bracelet,
necklace, metal tag, chain, other piece of jewelry, or similar device
that meets either or both of the following:

(1)
Bears the emergency symbol and medical information needed in an
emergency;

(2)
Contains on its front or back side a bar code or quick response code
that may be scanned to determine medical information needed in an
emergency.

(F)
"Identification card" means any card containing the
holder's name, type of medical condition, physician's name, and other
medical information. "Identification card" does not include
any license or permit issued pursuant to Chapter 4507. of the Revised
Code.

(G)
"Incapacitated condition" means the condition of being
unconscious, semiconscious, incoherent, or otherwise incapacitated to
communicate.

(H)
"Incapacitated person" means a person in an incapacitated
condition.

(I)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(J)
"Physician
assistant
associate
"
means an individual licensed under Chapter 4730. of the Revised Code
to practice as a physician
assistant
associate
.

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

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

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

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

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

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

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

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

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

(g)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(h)
"Hospital" has the same meaning as in section 2305.25 of
the Revised Code.

(i)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(j)
"Physician
assistant
associate
"

has
the same meaning as in section 4730.01
means
an individual who holds a license to practice as a physician
associate issued under Chapter 4730.
of
the Revised Code.

(k)
"Certified mental health assistant" has the same meaning as
in section 4772.01 of the Revised Code.

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

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

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

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

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

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

(a)
The nature of the threat;

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

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

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

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

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

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

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

(D)
Notwithstanding any other provision of the Revised Code, a physician,
physician
assistant
associate
,
advanced practice registered nurse, certified mental health
assistant, or hospital is not liable in damages in a civil action,
and shall not be made subject to disciplinary action by any entity
with licensing or other regulatory authority, for doing either of the
following:

(1)
Failing to discharge or to allow a patient to leave the facility if
the physician, physician
assistant
associate
,
advanced practice registered nurse, certified mental health
assistant, or hospital believes in the good faith exercise of
professional medical, advanced practice registered nursing, physician

assistant
associate
,
or certified mental health assistant judgment according to
appropriate standards of professional practice that the patient has a
mental health condition that threatens the safety of the patient or
others;

(2)
Discharging a patient whom the physician, physician

assistant
associate
,
advanced practice registered nurse, certified mental health
assistant, or hospital believes in the good faith exercise of
professional medical, advanced practice registered nursing, physician

assistant
associate
,
or certified mental health assistant judgment according to
appropriate standards of professional practice not to have a mental
health condition that threatens the safety of the patient or others.

(E)
The immunities from civil liability and disciplinary action conferred
by this section are in addition to and not in limitation of any
immunity conferred on a mental health professional or organization or
on a physician, physician
assistant
associate
,
advanced practice registered nurse, certified mental health
assistant, or hospital by any other section of the Revised Code or by
judicial precedent.

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

Sec.
2711.22.
(A)
Except as otherwise provided in this section, a written contract
between a patient and a hospital or healthcare provider to settle by
binding arbitration any dispute or controversy arising out of the
diagnosis, treatment, or care of the patient rendered by a hospital
or healthcare provider, that is entered into prior to the diagnosis,
treatment, or care of the patient is valid, irrevocable, and
enforceable once the contract is signed by all parties. The contract
remains valid, irrevocable, and enforceable until or unless the
patient or the patient's legal representative rescinds the contract
by written notice within thirty days of the signing of the contract.
A guardian or other legal representative of the patient may give
written notice of the rescission of the contract if the patient is
incapacitated or a minor.

(B)
As used in this section and in sections 2711.23 and 2711.24 of the
Revised Code:

(1)
"Healthcare provider" means a physician, podiatrist,
dentist, licensed practical nurse, registered nurse, advanced
practice registered nurse, chiropractor, optometrist, physician

assistant
associate
,
emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic, or
physical therapist.

(2)
"Hospital," "physician," "podiatrist,"
"dentist," "licensed practical nurse,"
"registered nurse," "advanced practice registered
nurse," "chiropractor," "optometrist,"
"physician
assistant
associate
,"
"emergency medical technician-basic," "emergency
medical technician-intermediate," "emergency medical
technician-paramedic," "physical therapist," "medical
claim," "dental claim," "optometric claim,"
and "chiropractic claim" have the same meanings as in
section 2305.113 of the Revised Code.

Sec.
2743.62.
(A)(1)
Subject to division (A)(2) of this section, there is no privilege,
except the privileges arising from the attorney-client relationship,
as to communications or records that are relevant to the physical,
mental, or emotional condition of the claimant or victim in a
proceeding under sections 2743.51 to 2743.72 of the Revised Code in
which that condition is an element.

(2)(a)
Except as specified in division (A)(2)(b) of this section, any record
or report that the court of claims or the attorney general has
obtained prior to, or obtains on or after, June 30, 1998, under the
provisions of sections 2743.51 to 2743.72 of the Revised Code and
that is confidential or otherwise exempt from public disclosure under
section 149.43 of the Revised Code while in the possession of the
creator of the record or report shall remain confidential or exempt
from public disclosure under section 149.43 of the Revised Code while
in the possession of the court of claims or the attorney general.

(b)
Notwithstanding division (A)(2)(a) of this section, a judge of the
court of claims, a magistrate, a claimant, a claimant's attorney, or
the attorney general may disclose or refer to records or reports
described in that division in any hearing conducted under sections
2743.51 to 2743.72 of the Revised Code or in the judge's,
magistrate's, claimant's, or attorney general's written pleadings,
findings, recommendations, and decisions.

(B)
If the mental, physical, or emotional condition of a victim or
claimant is material to a claim for an award of reparations, the
attorney general or the court of claims may order the victim or
claimant to submit to a mental or physical examination and may order
an autopsy of a deceased victim. The order may be made for good cause
shown and upon notice to the person to be examined and to the
claimant. The order shall specify the time, place, manner,
conditions, and scope of the examination or autopsy and the person by
whom it is to be made. In the case of a mental examination, the
person specified may be a physician or psychologist. In the case of a
physical examination, the person specified may be a physician, a
physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. In the case of an autopsy, the person
specified must be a physician. The order shall require the person who
performs the examination or autopsy to file with the attorney general
a detailed written report of the examination or autopsy. The report
shall set out the findings, including the results of all tests made,
diagnoses, prognoses, and other conclusions and reports of earlier
examinations of the same conditions.

(C)
On request of the person examined, the attorney general shall furnish
the person a copy of the report. If the victim is deceased, the
attorney general, on request, shall furnish the claimant a copy of
the report.

(D)
The attorney general or the court of claims may require the claimant
to supplement the application for an award of reparations with any
reasonably available medical or psychological reports relating to the
injury for which the award of reparations is claimed.

(E)
The attorney general or the court of claims, in a claim arising out
of a violation of any provision of sections 2907.02 to 2907.07 of the
Revised Code, shall not request the victim or the claimant to supply,
or permit any person to supply, any evidence of specific instances of
the victim's sexual activity, opinion evidence of the victim's sexual
activity, or reputation evidence of the victim's sexual activity
unless it involves evidence of the origin of semen, pregnancy, or
disease or evidence of the victim's past sexual activity with the
offender and only to the extent that the court of claims or the
attorney general finds that the evidence is relevant to a fact at
issue in the claim.

Sec.
2907.01.
As
used in sections 2907.01 to 2907.38 and 2917.211 of the Revised Code:

(A)
"Sexual conduct" means vaginal intercourse between a male
and female; anal intercourse, fellatio, and cunnilingus between
persons regardless of sex; and, without privilege to do so, the
insertion, however slight, of any part of the body or any instrument,
apparatus, or other object into the vaginal or anal opening of
another. Penetration, however slight, is sufficient to complete
vaginal or anal intercourse.

(B)
"Sexual contact" means any touching of an erogenous zone of
another, including without limitation the thigh, genitals, buttock,
pubic region, or, if the person is a female, a breast, for the
purpose of sexually arousing or gratifying either person.

(C)
"Sexual activity" means sexual conduct or sexual contact,
or both.

(D)
"Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the hire
is paid to the prostitute or to another.

(E)
"Harmful to juveniles" means that quality of any material
or performance describing or representing nudity, sexual conduct,
sexual excitement, or sado-masochistic abuse in any form to which all
of the following apply:

(1)
The material or performance, when considered as a whole, appeals to
the prurient interest of juveniles in sex.

(2)
The material or performance is patently offensive to prevailing
standards in the adult community as a whole with respect to what is
suitable for juveniles.

(3)
The material or performance, when considered as a whole, lacks
serious literary, artistic, political, and scientific value for
juveniles.

(F)
When considered as a whole, and judged with reference to ordinary
adults or, if it is designed for sexual deviates or other specially
susceptible group, judged with reference to that group, any material
or performance is "obscene" if any of the following apply:

(1)
Its dominant appeal is to prurient interest;

(2)
Its dominant tendency is to arouse lust by displaying or depicting
sexual activity, masturbation, sexual excitement, or nudity in a way
that tends to represent human beings as mere objects of sexual
appetite;

(3)
Its dominant tendency is to arouse lust by displaying or depicting
bestiality or extreme or bizarre violence, cruelty, or brutality;

(4)
Its dominant tendency is to appeal to scatological interest by
displaying or depicting human bodily functions of elimination in a
way that inspires disgust or revulsion in persons with ordinary
sensibilities, without serving any genuine scientific, educational,
sociological, moral, or artistic purpose;

(5)
It contains a series of displays or descriptions of sexual activity,
masturbation, sexual excitement, nudity, bestiality, extreme or
bizarre violence, cruelty, or brutality, or human bodily functions of
elimination, the cumulative effect of which is a dominant tendency to
appeal to prurient or scatological interest, when the appeal to such
an interest is primarily for its own sake or for commercial
exploitation, rather than primarily for a genuine scientific,
educational, sociological, moral, or artistic purpose.

(G)
"Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.

(H)
"Nudity" means the showing, representation, or depiction of
human male or female genitals, pubic area, or buttocks with less than
a full, opaque covering, or of a female breast with less than a full,
opaque covering of any portion thereof below the top of the nipple,
or of covered male genitals in a discernibly turgid state.

(I)
"Juvenile" means an unmarried person under the age of
eighteen.

(J)
"Material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture
film, phonographic record, or tape, or other tangible thing capable
of arousing interest through sight, sound, or touch and includes an
image or text appearing on a computer monitor, television screen,
liquid crystal display, or similar display device or an image or text
recorded on a computer hard disk, computer floppy disk, compact disk,
magnetic tape, or similar data storage device.

(K)
"Performance" means any motion picture, preview, trailer,
play, show, skit, dance, or other exhibition performed before an
audience.

(L)
"Spouse" means a person married to an offender at the time
of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply:

(1)
When the parties have entered into a written separation agreement
authorized by section 3103.06 of the Revised Code;

(2)
During the pendency of an action between the parties for annulment,
divorce, dissolution of marriage, or legal separation;

(3)
In the case of an action for legal separation, after the effective
date of the judgment for legal separation.

(M)
"Minor" means a person under the age of eighteen.

(N)
"Mental health client or patient" has the same meaning as
in section 2305.51 of the Revised Code.

(O)
"Mental health professional" has the same meaning as in
section 2305.115 of the Revised Code.

(P)
"Sado-masochistic abuse" means flagellation or torture by
or upon a person or the condition of being fettered, bound, or
otherwise physically restrained.

(Q)
"Place where a person has a reasonable expectation of privacy"
means a place where a reasonable person would believe that the person
could fully disrobe in private.

(R)
"Private area" means the genitals, pubic area, buttocks, or
female breast below the top of the areola, where nude or covered by
an undergarment.

(S)
"Licensed medical professional" means any of the following
medical professionals:

(1)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(3)
A massage therapist licensed under Chapter 4731. of the Revised Code.

Sec.
2907.13.
(A)
As used in this section:

(1)
"Human reproductive material" means:

(a)
Human spermatozoa or ova;

(b)
A human organism at any stage of development from fertilized ovum to
embryo.

(2)
"Assisted reproduction" means a method of causing pregnancy
other than through sexual intercourse including all of the following:

(a)
Intrauterine insemination;

(b)
Human reproductive material donation;

(c)
In vitro fertilization and transfer of embryos;

(d)
Intracytoplasmic sperm injection.

(3)
"Donor" means an individual who provides human reproductive
material to a health care professional to be used for assisted
reproduction, regardless of whether the human reproductive material
is provided for consideration. The term does not include any of the
following:

(a)
A husband or a wife who provides human reproductive material to be
used for assisted reproduction by the wife;

(b)
A woman who gives birth to a child by means of assisted reproduction;

(c)
An unmarried man who, with the intent to be the father of the
resulting child, provides human reproductive material to be used for
assisted reproduction by an unmarried woman.

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

(a)
A physician;

(b)
An advanced practice registered nurse;

(c)
A certified nurse practitioner;

(d)
A clinical nurse specialist;

(e)
A
physician's
assistant
physician
associate
;

(f)
A certified nurse-midwife.

(B)
No health care professional shall, in connection with an assisted
reproduction procedure, knowingly do any of the following:

(1)
Use human reproductive material from the health care professional,
donor, or any other person while performing the procedure if the
patient receiving the procedure has not expressly consented to the
use of that material;

(2)
Fail to comply with the standards or requirements of sections 3111.88
to 3111.96 of the Revised Code, including the terms of the required
written consent form;

(3)
Misrepresent to the patient receiving the procedure any material
information about the donor's profile, including the types of
information listed in division (A)(2) of section 3111.93 of the
Revised Code, or the manner or extent to which the material will be
used.

(C)
Whoever violates this section is guilty of fraudulent assisted
reproduction, a felony of the third degree. If an offender commits a
violation of division (B) of this section and the violation occurs as
part of a course of conduct involving other violations of division
(B) of this section, a violation of this section is a felony of the
second degree. The course of conduct may involve one victim or more
than one victim.

(D)
Patient consent to the use of human reproductive material from an
anonymous donor is not effective to provide consent for use of human
reproductive material of the health care professional performing the
procedure.

(E)
It is not a defense to a violation of this section that a patient
expressly consented in writing, or by any other means, to the use of
human reproductive material from an anonymous donor.

Sec.
2907.29.
Every
hospital of this state that offers organized emergency services shall
provide that a physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife is available on call twenty-four hours each
day for the examination of persons reported to any law enforcement
agency to be victims of sexual offenses cognizable as violations of
any provision of sections 2907.02 to 2907.06 of the Revised Code. The
physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife, upon the request of any peace officer or prosecuting
attorney and with the consent of the reported victim or upon the
request of the reported victim, shall examine the person for the
purposes of gathering physical evidence and shall complete any
written documentation of the physical examination. The director of
health shall establish procedures for gathering evidence under this
section.

Each
reported victim shall be informed of available venereal disease,
pregnancy, medical, and psychiatric services.

Notwithstanding
any other provision of law, a minor may consent to examination under
this section. The consent is not subject to disaffirmance because of
minority, and consent of the parent, parents, or guardian of the
minor is not required for an examination under this section. However,
the hospital shall give written notice to the parent, parents, or
guardian of a minor that an examination under this section has taken
place. The parent, parents, or guardian of a minor giving consent
under this section are not liable for payment for any services
provided under this section without their consent.

Sec.
2909.04.
(A)
No person, purposely by any means or knowingly by damaging or
tampering with any property, shall do any of the following:

(1)
Interrupt or impair television, radio, telephone, telegraph, or other
mass communications service; police, fire, or other public service
communications; radar, loran, radio, or other electronic aids to air
or marine navigation or communications; or amateur or citizens band
radio communications being used for public service or emergency
communications;

(2)
Interrupt or impair public transportation, including without
limitation school bus transportation, or water supply, gas, power, or
other utility service to the public;

(3)
Substantially impair the ability of law enforcement officers,
firefighters, rescue personnel, emergency medical services personnel,
or emergency facility personnel to respond to an emergency or to
protect and preserve any person or property from serious physical
harm.

(B)
No person shall knowingly use any computer, computer system, computer
network, telecommunications device, or other electronic device or
system or the internet so as to disrupt, interrupt, or impair the
functions of any police, fire, educational, commercial, or
governmental operations.

(C)
Whoever violates this section is guilty of disrupting public
services, a felony of the fourth degree.

(D)
As used in this section:

(1)
"Emergency medical services personnel" has the same meaning
as in section 2133.21 of the Revised Code.

(2)
"Emergency facility personnel" means any of the following:

(a)
Any of the following individuals who perform services in the ordinary
course of their professions in an emergency facility:

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

(ii)
Registered nurses and licensed practical nurses licensed under
Chapter 4723. of the Revised Code;

(iii)
Physician
assistants
associates

authorized to practice under Chapter 4730. of the Revised Code;

(iv)
Health care workers;

(v)
Clerical staffs.

(b)
Any individual who is a security officer performing security services
in an emergency facility;

(c)
Any individual who is present in an emergency facility, who was
summoned to the facility by an individual identified in division
(D)(2)(a) or (b) of this section.

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

(4)
"Hospital" has the same meaning as in section 3727.01 of
the Revised Code.

(5)
"Health care worker" means an individual, other than an
individual specified in division (D)(2)(a), (b), or (c) of this
section, who provides medical or other health-related care or
treatment in an emergency facility, including medical technicians,
medical assistants, orderlies, aides, or individuals acting in
similar capacities.

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

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

(B)
Except for conditions that are within the scope of division (E) of
this section, no person giving aid to a sick or injured person shall
negligently fail to report to law enforcement authorities any gunshot
or stab wound treated or observed by the person, or any serious
physical harm to persons that the person knows or has reasonable
cause to believe resulted from an offense of violence.

(C)
No person who discovers the body or acquires the first knowledge of
the death of a person shall fail to report the death immediately to a
physician or advanced practice registered nurse whom the person knows
to be treating the deceased for a condition from which death at such
time would not be unexpected, or to a law enforcement officer, an
ambulance service, an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is believed to
have occurred, or knowledge concerning the death is obtained. For
purposes of this division, "advanced practice registered nurse"
does not include a certified registered nurse anesthetist.

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

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

(a)
Second or third degree burns;

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

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

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

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

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

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

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

(F)(1)
No person who knows that a licensed medical professional has
committed an offense under Chapter 2907. of the Revised Code, a
violation of a municipal ordinance that is substantially equivalent
to such offense, or a substantially equivalent criminal offense in
another jurisdiction, against a patient of the licensed medical
professional shall fail to report such knowledge to law enforcement
authorities within thirty days of obtaining the knowledge.

(2)
Except for a self-report or participation in the offense or violation
being reported, any person who makes a report within the thirty-day
period provided in division (F)(1) of this section or any person who
participates in a judicial proceeding that results from such report
is immune from civil or criminal liability that otherwise might be
incurred or imposed as a result of making that report or
participating in that proceeding so long as the person is acting in
good faith without fraud or malice.

(3)
The physician-patient relationship or physician
assistant-patient

associate-patient

relationship
is not a ground for excluding evidence regarding the person's
knowledge of a licensed medical professional's commission of an
offense or violation reported under division (F)(1) of this section,
against that licensed medical professional in any judicial proceeding
resulting from a report made under that division.

(4)
As used in division (F) of this section, "licensed medical
professional" has the same meaning as in section 2907.01 of the
Revised Code.

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

(2)
Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege or advanced practice registered
nurse-patient privilege shall not be a ground for excluding any
information regarding the report containing the knowledge or belief
noted under division (G)(1) of this section, and the information may
be admitted as evidence in accordance with the Rules of Evidence.

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

(1)
The information is privileged by reason of the relationship between
attorney and client; physician and patient; advanced practice
registered nurse and patient; licensed psychologist or licensed
school psychologist and client; licensed professional clinical
counselor, licensed professional counselor, independent social
worker, social worker, independent marriage and family therapist, or
marriage and family therapist and client; member of the clergy,
rabbi, minister, or priest and any person communicating information
confidentially to the member of the clergy, rabbi, minister, or
priest for a religious counseling purpose of a professional
character; husband and wife; or a communications assistant and those
who are a party to a telecommunications relay service call.

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

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

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

(5)
Disclosure would amount to revealing information acquired by the
actor in the course of the actor's duties in connection with a bona
fide program of treatment or services for persons with drug
dependencies or persons in danger of drug dependence, which program
is maintained or conducted by a hospital, clinic, person, agency, or
community addiction services provider whose alcohol and drug
addiction services are certified pursuant to section 5119.36 of the
Revised Code.

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

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

(J)
Whoever violates division (A), (B), or (F)(1) of this section is
guilty of failure to report a crime. Violation of division (A)(1) or
(F)(1) of this section is a misdemeanor of the fourth degree.
Violation of division (A)(2) or (B) of this section is a misdemeanor
of the second degree.

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

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

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

(M)
As used in this section, "nurse" includes an advanced
practice registered nurse, registered nurse, and licensed practical
nurse.

Sec.
2925.01.
As
used in this chapter:

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

(B)
"Drug of abuse" and "person with a drug dependency"
have the same meanings as in section 3719.011 of the Revised Code.

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

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

(1)
For any compound, mixture, preparation, or substance included in
schedule I, schedule II, or schedule III, with the exception of any
controlled substance analog, marihuana, cocaine, L.S.D., heroin, any
fentanyl-related compound, and hashish and except as provided in
division (D)(2), (5), or (6) of this section, whichever of the
following is applicable:

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

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

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

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

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

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

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

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

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

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

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

(6)
For any compound, mixture, preparation, or substance that is a
combination of a fentanyl-related compound and any other compound,
mixture, preparation, or substance included in schedule III, schedule
IV, or schedule V, if the defendant is charged with a violation of
section 2925.11 of the Revised Code and the sentencing provisions set
forth in divisions (C)(10)(b) and (C)(11) of that section will not
apply regarding the defendant and the violation, the bulk amount of
the controlled substance for purposes of the violation is the amount
specified in division (D)(1), (2), (3), (4), or (5) of this section
for the other schedule III, IV, or V controlled substance that is
combined with the fentanyl-related compound.

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

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

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

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

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

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

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

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

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

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

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

(b)
Any aerosol propellant;

(c)
Any fluorocarbon refrigerant;

(d)
Any anesthetic gas.

(2)
Gamma Butyrolactone;

(3)
1,4 Butanediol.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (37) of this
section and that qualifies a person as a professionally licensed
person.

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

(1)
A person who has received a certificate or temporary certificate as a
certified public accountant or who has registered as a public
accountant under Chapter 4701. of the Revised Code and who holds an
Ohio permit issued under that chapter;

(2)
A person who holds a certificate of qualification to practice
architecture issued or renewed and registered under Chapter 4703. of
the Revised Code;

(3)
A person who is registered as a landscape architect under Chapter
4703. of the Revised Code or who holds a permit as a landscape
architect issued under that chapter;

(4)
A person licensed under Chapter 4707. of the Revised Code;

(5)
A person who has been issued a barber's license, barber instructor's
license, assistant barber instructor's license, or independent
contractor's license under Chapter 4709. of the Revised Code;

(6)
A person licensed and regulated to engage in the business of a debt
pooling company by a legislative authority, under authority of
Chapter 4710. of the Revised Code;

(7)
A person who has been issued a cosmetologist's license, hair
designer's license, manicurist's license, esthetician's license,
natural hair stylist's license, advanced license to practice
cosmetology, advanced license to practice hair design, advanced
license to practice manicuring, advanced license to practice
esthetics, advanced license to practice natural hair styling,
cosmetology instructor's license, hair design instructor's license,
manicurist instructor's license, esthetics instructor's license,
natural hair style instructor's license, independent contractor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;

(8)
A person who has been issued a license to practice dentistry, a
general anesthesia permit, a conscious sedation permit, a limited
resident's license, a limited teaching license, a dental hygienist's
license, or a dental hygienist's teacher's certificate under Chapter
4715. of the Revised Code;

(9)
A person who has been issued an embalmer's license, a funeral
director's license, a funeral home license, or a crematory license,
or who has been registered for an embalmer's or funeral director's
apprenticeship under Chapter 4717. of the Revised Code;

(10)
A person who has been licensed as a registered nurse or practical
nurse, or who has been issued a certificate for the practice of
nurse-midwifery under Chapter 4723. of the Revised Code;

(11)
A person who has been licensed to practice optometry or to engage in
optical dispensing under Chapter 4725. of the Revised Code;

(12)
A person licensed to act as a pawnbroker under Chapter 4727. of the
Revised Code;

(13)
A person licensed to act as a precious metals dealer under Chapter
4728. of the Revised Code;

(14)
A person licensed under Chapter 4729. of the Revised Code as a
pharmacist or pharmacy intern or registered under that chapter as a
registered pharmacy technician, certified pharmacy technician, or
pharmacy technician trainee;

(15)
A person licensed under Chapter 4729. of the Revised Code as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, wholesale
distributor of dangerous drugs, or terminal distributor of dangerous
drugs;

(16)
A person who is authorized to practice as a physician
assistant

associate

under
Chapter 4730. of the Revised Code;

(17)
A person who has been issued a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery under Chapter 4731. of the Revised Code or has been issued a
certificate to practice a limited branch of medicine under that
chapter;

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

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

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

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

(22)
A person registered as a registered environmental health specialist
under Chapter 3776. of the Revised Code;

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

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

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

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

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

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

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

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

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

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

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

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

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

(36)
A person who has been issued a home inspector license under Chapter
4764. of the Revised Code;

(37)
A person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules;

(38)
A person who has been issued a license to practice as a certified
mental health assistant under Chapter 4772. of the Revised Code.

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

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

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

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

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

(Z)
"Hashish" means a resin or a preparation of a resin to
which both of the following apply:

(1)
It is contained in or derived from any part of the plant of the genus
cannabis, whether in solid form or in a liquid concentrate, liquid
extract, or liquid distillate form.

(2)
It has a delta-9 tetrahydrocannabinol concentration of more than
three-tenths per cent.

"Hashish"
does not include a hemp byproduct in the possession of a licensed
hemp processor under Chapter 928. of the Revised Code, provided that
the hemp byproduct is being produced, stored, and disposed of in
accordance with rules adopted under section 928.03 of the Revised
Code.

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

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

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

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

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

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

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

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

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

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

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

(JJ)
"Deception" has the same meaning as in section 2913.01 of
the Revised Code.

(KK)
"Fentanyl-related compound" means any of the following:

(1)
Fentanyl;

(2)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl]propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(3)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);

(4)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]
-N-phenylpropanamide);

(5)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);

(6)
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);

(7)
3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-
piperidinyl]-N-phenylpropanamide);

(8)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propanamide;

(9)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;

(10)
Alfentanil;

(11)
Carfentanil;

(12)
Remifentanil;

(13)
Sufentanil;

(14)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide); and

(15)
Any compound that meets all of the following fentanyl pharmacophore
requirements to bind at the mu receptor, as identified by a report
from an established forensic laboratory, including acetylfentanyl,
furanylfentanyl, valerylfentanyl, butyrylfentanyl,
isobutyrylfentanyl, 4-methoxybutyrylfentanyl,
para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:

(a)
A chemical scaffold consisting of both of the following:

(i)
A five, six, or seven member ring structure containing a nitrogen,
whether or not further substituted;

(ii)
An attached nitrogen to the ring, whether or not that nitrogen is
enclosed in a ring structure, including an attached aromatic ring or
other lipophilic group to that nitrogen.

(b)
A polar functional group attached to the chemical scaffold, including
but not limited to a hydroxyl, ketone, amide, or ester;

(c)
An alkyl or aryl substitution off the ring nitrogen of the chemical
scaffold; and

(d)
The compound has not been approved for medical use by the United
States food and drug administration.

(LL)
"First degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(1)(b) of section
2929.14 of the Revised Code for a felony of the first degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(MM)
"Second degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(2)(b) of section
2929.14 of the Revised Code for a felony of the second degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(2)(a) of that section for a
felony of the second degree.

(NN)
"Maximum first degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(1)(b) of
section 2929.14 of the Revised Code for a felony of the first degree,
except that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means the longest minimum
prison term prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(OO)
"Maximum second degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation for which sentence is being
imposed is committed on or after March 22, 2019, it means the longest
minimum prison term prescribed in division (A)(2)(a) of that section
for a felony of the second degree.

(PP)
"Delta-9 tetrahydrocannabinol" has the same meaning as in
section 928.01 of the Revised Code.

(QQ)
An offense is "committed in the vicinity of a substance
addiction services provider or a recovering addict" if either of
the following apply:

(1)
The offender commits the offense on the premises of a substance
addiction services provider's facility, including a facility licensed
prior to June 29, 2019, under section 5119.391 of the Revised Code to
provide methadone treatment or an opioid treatment program licensed
on or after that date under section 5119.37 of the Revised Code, or
within five hundred feet of the premises of a substance addiction
services provider's facility and the offender knows or should know
that the offense is being committed within the vicinity of the
substance addiction services provider's facility.

(2)
The offender sells, offers to sell, delivers, or distributes the
controlled substance or controlled substance analog to a person who
is receiving treatment at the time of the commission of the offense,
or received treatment within thirty days prior to the commission of
the offense, from a substance addiction services provider and the
offender knows that the person is receiving or received that
treatment.

(RR)
"Substance addiction services provider" means an agency,
association, corporation or other legal entity, individual, or
program that provides one or more of the following at a facility:

(1)
Either alcohol addiction services, or drug addiction services, or
both such services that are certified by the director of mental
health and addiction services under section 5119.36 of the Revised
Code;

(2)
Recovery supports that are related to either alcohol addiction
services, or drug addiction services, or both such services and paid
for with federal, state, or local funds administered by the
department of mental health and addiction services or a board of
alcohol, drug addiction, and mental health services.

(SS)
"Premises of a substance addiction services provider's facility"
means the parcel of real property on which any substance addiction
service provider's facility is situated.

(TT)
"Alcohol and drug addiction services" has the same meaning
as in section 5119.01 of the Revised Code.

Sec.
3107.12.
(A)
Except as provided in division (C) of this section, an assessor shall
conduct a prefinalization assessment of a minor and petitioner before
a court issues a final decree of adoption or finalizes an
interlocutory order of adoption for the minor. On completion of the
assessment, the assessor shall prepare a written report of the
assessment and provide a copy of the report to the court before which
the adoption petition is pending.

The
report of a prefinalization assessment shall include all of the
following:

(1)
The adjustment of the minor and the petitioner to the adoptive
placement;

(2)
The present and anticipated needs of the minor and the petitioner, as
determined by a review of the minor's medical and social history, for
adoption-related services, including assistance under Title IV-E of
the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A.
670, as amended, or section 5153.163 of the Revised Code and
counseling, case management services, crisis services, diagnostic
services, and therapeutic counseling.

(3)
The physical, mental, and developmental condition of the minor;

(4)
If known, the minor's biological family background, including
identifying information about the biological or other legal parents;

(5)
The reasons for the minor's placement with the petitioner, the
petitioner's attitude toward the proposed adoption, and the
circumstances under which the minor was placed in the home of the
petitioner;

(6)
The attitude of the minor toward the proposed adoption, if the
minor's age makes this feasible;

(7)
If the minor is an Indian child, as defined in 25 U.S.C.A. 1903(4),
how the placement complies with the "Indian Child Welfare Act of
1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as amended;

(8)
If known, the minor's psychological background, including prior abuse
of the child and behavioral problems of the child;

(9)
If applicable, the documents or forms required under sections
3107.032, 3107.10, and 3107.101 of the Revised Code.

The
assessor shall file the prefinalization report with the court not
later than twenty days prior to the date scheduled for the final
hearing on the adoption unless the court determines there is good
cause for filing the report at a later date.

The
assessor shall provide a copy of the written report of the assessment
to the petitioner with the identifying information about the
biological or other legal parents redacted.

(B)
Any physical examination of the individual to be adopted as part of
or in contemplation of a petition to adopt may be conducted by any
health care professional authorized by the Revised Code to perform
physical examinations, including a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the health care professional who
conducted the examination.

(C)
This section does not apply if the petitioner is the minor's
stepparent, unless a court, after determining a prefinalization
assessment is in the best interest of the minor, orders that an
assessor conduct a prefinalization assessment.

(D)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code defining "counseling,"
"case management services," "crisis services,"
"diagnostic services," and "therapeutic counseling"
for the purpose of this section.

Sec.
3111.91.
(A)
In a non-spousal artificial insemination, fresh or frozen semen may
be used, provided that the requirements of division (B) of this
section are satisfied.

(B)(1)
A physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, certified
nurse-midwife, or person under the supervision and control of a
physician may use fresh semen for purposes of a non-spousal
artificial insemination, only if within one year prior to the
supplying of the semen, all of the following occurred:

(a)
A complete medical history of the donor, including, but not limited
to, any available genetic history of the donor, was obtained by a
physician, a physician
assistant
associate
,
a clinical nurse specialist, or a certified nurse practitioner.

(b)
The donor had a physical examination by a physician, a physician

assistant
associate
,
a clinical nurse specialist, or a certified nurse practitioner.

(c)
The donor was tested for blood type and RH factor.

(2)
A physician, physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, certified
nurse-midwife, or person under the supervision and control of a
physician may use frozen semen for purposes of a non-spousal
artificial insemination only if all the following apply:

(a)
The requirements set forth in division (B)(1) of this section are
satisfied;

(b)
In conjunction with the supplying of the semen, the semen or blood of
the donor was the subject of laboratory studies that the physician
involved in the non-spousal artificial insemination considers
appropriate. The laboratory studies may include, but are not limited
to, venereal disease research laboratories, karotyping, GC culture,
cytomegalo, hepatitis, kem-zyme, Tay-Sachs, sickle-cell, ureaplasma,
HLTV-III, and chlamydia.

(c)
The physician involved in the non-spousal artificial insemination
determines that the results of the laboratory studies are acceptable
results.

(3)
Any written documentation of a physical examination conducted
pursuant to division (B)(1)(b) of this section shall be completed by
the individual who conducted the examination.

Sec.
3301.531.
(A)
As used in this section:

(1)
"Active tuberculosis" has the same meaning as in section
339.71 of the Revised Code.

(2)
"Latent tuberculosis" means tuberculosis that has been
demonstrated by a positive reaction to a tuberculosis test but has no
clinical, bacteriological, or radiographic evidence of active
tuberculosis.

(3)
"Licensed health professional" means any of the following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A physician
assistant

associate

who
holds a current, valid license to practice as a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code;

(c)
A certified nurse practitioner
,

as defined in section 4723.01 of the Revised Code;

(d)
A clinical nurse specialist
,

as defined in section 4723.01 of the Revised Code.

(4)
"Tuberculosis control unit" means the county tuberculosis
control unit designated by a board of county commissioners under
section 339.72 of the Revised Code or the district tuberculosis
control unit designated pursuant to an agreement entered into by two
or more boards of county commissioners under that section.

(5)
"Tuberculosis test" means either of the following:

(a)
A two-step Mantoux tuberculin skin test;

(b)
A blood assay for m. tuberculosis.

(B)
Before employing a person as a director, staff member, or nonteaching
employee, for the purpose of tuberculosis screening, each preschool
program shall determine if the person has done both of the following:

(1)
Resided in a country identified by the world health organization as
having a high burden of tuberculosis;

(2)
Arrived in the United States within the five years immediately
preceding the date of application for employment.

(C)
If the person meets the criteria described in division (B) of this
section, the preschool program shall require the person to undergo a
tuberculosis test before employment. If the result of the test is
negative, the preschool program may employ the person.

(D)
If the result of any tuberculosis test performed as described in
division (C) of this section is positive, the preschool program shall
require the person to undergo additional testing for tuberculosis,
which may include a chest radiograph or the collection and
examination of specimens.

(1)
If additional testing indicates active tuberculosis, then until the
tuberculosis control unit determines that the person is no longer
infectious, the preschool program shall not employ the person or, if
employed, shall not allow the person to be physically present at the
program's location.

For
purposes of this section, evidence that a person is no longer
infectious shall consist of a written statement to that effect signed
by a representative of the tuberculosis control unit.

(2)
If additional testing indicates latent tuberculosis, then until the
person submits to the program evidence that the person is receiving
treatment as prescribed by a licensed health professional, the
preschool program shall not employ the person or, if employed, shall
not allow the person to be physically present at the program's
location. Once the person submits to the program evidence that the
person is in the process of completing a tuberculosis treatment
regimen as prescribed by a licensed health professional, the
preschool program may employ the person and allow the person to be
physically present at the program's location so long as periodic
evidence of compliance with the treatment regimen is submitted in
accordance with rules adopted under section 3701.146 of the Revised
Code.

For
purposes of this section, evidence that a person is in the process of
completing and is compliant with a tuberculosis treatment regimen
shall consist of a written statement to that effect signed by a
representative of the tuberculosis control unit that is overseeing
the person's treatment.

Sec.
3313.5310.
(A)(1)
This section applies to both of the following:

(a)
Any school operated by a school district board of education;

(b)
Any chartered or nonchartered nonpublic school that is subject to the
rules of an interscholastic conference or an organization that
regulates interscholastic conferences or events.

(2)
As used in this section, "athletic activity" means all of
the following:

(a)
Interscholastic athletics;

(b)
An athletic contest or competition that is sponsored by or associated
with a school that is subject to this section, including
cheerleading, club-sponsored sports activities, and sports activities
sponsored by school-affiliated organizations;

(c)
Noncompetitive cheerleading that is sponsored by school-affiliated
organizations;

(d)
Practices, interschool practices, and scrimmages for all of the
activities described in divisions (A)(2)(a), (b), and (c) of this
section.

(B)
Prior to the start of each athletic season, a school that is subject
to this section shall hold an informational meeting for students,
parents, guardians, other persons having care or charge of a student,
physicians, pediatric cardiologists, athletic trainers, and any other
persons regarding the symptoms and warning signs of sudden cardiac
arrest for all ages of students.

(C)
No student shall participate in an athletic activity until the
student has submitted to a designated school official a form signed
by the student and the parent, guardian, or other person having care
or charge of the student stating that the student and the parent,
guardian, or other person having care or charge of the student have
received and reviewed a copy of the information jointly developed by
the department of health and the department of education and
workforce and posted on their respective web sites as required by
section 3707.59 of the Revised Code. A completed form shall be
submitted each school year, as defined in section 3313.62 of the
Revised Code, in which the student participates in an athletic
activity.

(D)
No individual, including coaches and assistant coaches, shall coach
an athletic activity unless the individual has completed the sudden
cardiac arrest training course approved by the department of health
under division (C) of section 3707.59 of the Revised Code in
accordance with section 3319.303 of the Revised Code.

(E)(1)
A student shall not be allowed to participate in an athletic activity
if either of the following is the case:

(a)
The student's biological parent, biological sibling, or biological
child has previously experienced sudden cardiac arrest, and the
student has not been evaluated and cleared for participation in an
athletic activity by a physician authorized under Chapter 4731. of
the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery.

(b)
The student is known to have exhibited syncope or fainting at any
time prior to or following an athletic activity and has not been
evaluated and cleared for return under division (E)(3) of this
section after exhibiting syncope or fainting.

(2)
A student shall be removed by the student's coach from participation
in an athletic activity if the student exhibits syncope or fainting.

(3)
If a student is not allowed to participate in or is removed from
participation in an athletic activity under division (E)(1) or (2) of
this section, the student shall not be allowed to return to
participation until the student is evaluated and cleared for return
in writing by any of the following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery,
including a physician who specializes in cardiology;

(b)
A certified nurse practitioner, clinical nurse specialist, or
certified nurse-midwife who holds a certificate of authority issued
under Chapter 4723. of the Revised Code;

(c)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code;

(d)
An athletic trainer licensed under Chapter 4755. of the Revised Code.

The
licensed health care providers specified in divisions (E)(3)(a) to
(d) of this section may consult with any other licensed or certified
health care providers in order to determine whether a student is
ready to return to participation.

(F)
A school that is subject to this section shall establish penalties
for a coach who violates the provisions of division (E) of this
section.

(G)
Nothing in this section shall be construed to abridge or limit any
rights provided under a collective bargaining agreement entered into
under Chapter 4117. of the Revised Code prior to March 14, 2017.

(H)(1)
A school district, member of a school district board of education, or
school district employee or volunteer, including a coach, is not
liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from providing services or
performing duties under this section, unless the act or omission
constitutes willful or wanton misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a school district, member of a school district board of
education, or school district employee or volunteer, including a
coach, may be entitled to under Chapter 2744. or any other provision
of the Revised Code or under the common law of this state.

(2)
A chartered or nonchartered nonpublic school or any officer,
director, employee, or volunteer of the school, including a coach, is
not liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from providing services or
performing duties under this section, unless the act or omission
constitutes willful or wanton misconduct.

Sec.
3313.7112.
(A)
As used in this section:

(1)
"Board of education" means a board of education of a city,
local, exempted village, or joint vocational school district.

(2)
"Governing authority" means a governing authority of a
chartered nonpublic school.

(3)
"Licensed health care professional" means any of the
following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;

(c)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code.

(4)
"Local health department" means a department operated by a
board of health of a city or general health district or the authority
having the duties of a board of health as described in section
3709.05 of the Revised Code.

(5)
"School employee" or "employee" means either of
the following:

(a)
A person employed by a board of education or governing authority;

(b)
A licensed health care professional employed by or under contract
with a local health department who is assigned to a school in a city,
local, exempted village, or joint vocational school district or a
chartered nonpublic school.

(6)
"Treating practitioner" means any of the following who has
primary responsibility for treating a student's diabetes and has been
identified as such by the student's parent, guardian, or other person
having care or charge of the student or, if the student is at least
eighteen years of age, by the student:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
An advanced practice registered nurse who holds a current, valid
license to practice nursing as an advanced practice registered nurse
issued under Chapter 4723. of the Revised Code and is designated as a
clinical nurse specialist or certified nurse practitioner in
accordance with section 4723.42 of the Revised Code;

(c)
A physician
assistant

associate

who
holds a license issued under Chapter 4730. of the Revised Code, holds
a valid prescriber number issued by the state medical board, and has
been granted physician-delegated prescriptive authority.

(7)
"504 plan" means a plan based on an evaluation conducted in
accordance with section 504 of the "Rehabilitation Act of 1973,"
29 U.S.C. 794, as amended.

(B)(1)
Each board of education or governing authority shall ensure that each
student enrolled in the school district or chartered nonpublic school
who has diabetes receives appropriate and needed diabetes care in
accordance with an order signed by the student's treating
practitioner. The diabetes care to be provided includes any of the
following:

(a)
Checking and recording blood glucose levels and ketone levels or
assisting the student with checking and recording these levels;

(b)
Responding to blood glucose levels that are outside of the student's
target range;

(c)
In the case of severe hypoglycemia, administering glucagon and other
emergency treatments as prescribed;

(d)
Administering insulin or assisting the student in self-administering
insulin through the insulin delivery system the student uses;

(e)
Providing oral diabetes medications;

(f)
Understanding recommended schedules and food intake for meals and
snacks in order to calculate medication dosages pursuant to the order
of the student's treating practitioner;

(g)
Following the treating practitioner's instructions regarding meals,
snacks, and physical activity;

(h)
Administering diabetes medication, as long as the conditions
prescribed in division (C) of this section are satisfied.

(2)
Not later than fourteen days after receipt of an order signed by the
treating practitioner of a student with diabetes, the board of
education or governing authority shall inform the student's parent,
guardian, or other person having care or charge of the student that
the student may be entitled to a 504 plan regarding the student's
diabetes. The department of education and workforce shall develop a
504 plan information sheet for use by a board of education or
governing authority when informing a student's parent, guardian, or
other person having care or charge of the student that the student
may be entitled to a 504 plan regarding the student's diabetes.

(C)
Notwithstanding division (B) of section 3313.713 of the Revised Code
or any other provision of the Revised Code, diabetes medication may
be administered under this section by a school nurse or, in the
absence of a school nurse, a school employee who is trained in
diabetes care under division (E) of this section. Medication
administration may be provided under this section only when the
conditions prescribed in division (C) of section 3313.713 of the
Revised Code are satisfied.

Notwithstanding
division (D) of section 3313.713 of the Revised Code, medication that
is to be administered under this section may be kept in an easily
accessible location.

(D)(1)
The department of education and workforce shall adopt nationally
recognized guidelines, as determined by the department, for the
training of school employees in diabetes care for students. In doing
so, the department shall consult with the department of health, the
American diabetes association, and the Ohio school nurses
association. The department may consult with any other organizations
as determined appropriate by the department.

(2)
The guidelines shall address all of the following issues:

(a)
Recognizing the symptoms of hypoglycemia and hyperglycemia;

(b)
The appropriate treatment for a student who exhibits the symptoms of
hypoglycemia or hyperglycemia;

(c)
Recognizing situations that require the provision of emergency
medical assistance to a student;

(d)
Understanding the appropriate treatment for a student, based on an
order issued by the student's treating practitioner, if the student's
blood glucose level is not within the target range indicated by the
order;

(e)
Understanding the instructions in an order issued by a student's
treating practitioner concerning necessary medications;

(f)
Performing blood glucose and ketone tests for a student in accordance
with an order issued by the student's treating practitioner and
recording the results of those tests;

(g)
Administering insulin, glucagon, or other medication to a student in
accordance with an order issued by the student's treating
practitioner and recording the results of the administration;

(h)
Understanding the relationship between the diet recommended in an
order issued by a student's treating practitioner and actions that
may be taken if the recommended diet is not followed.

(E)(1)
To ensure that a student with diabetes receives the diabetes care
specified in division (B) of this section, a board of education or
governing authority may provide training that complies with the
guidelines developed under division (D) of this section to a school
employee at each school attended by a student with diabetes. With
respect to any training provided, all of the following apply:

(a)
The training shall be coordinated by a school nurse or, if the school
does not employ a school nurse, a licensed health care professional
with expertise in diabetes who is approved by the school to provide
the training.

(b)
The training shall take place prior to the beginning of each school
year or, as needed, not later than fourteen days after receipt by the
board of education or governing authority of an order signed by the
treating practitioner of a student with diabetes.

(c)
On completion of the training, the board of education or governing
authority, in a manner it determines, shall determine whether each
employee trained is competent to provide diabetes care.

(d)
The school nurse or approved licensed health care professional with
expertise in diabetes care shall promptly provide all necessary
follow-up training and supervision to an employee who receives
training.

(2)
The principal of a school attended by a student with diabetes or
another school official authorized to act on behalf of the principal
may distribute a written notice to each employee containing all of
the following:

(a)
A statement that the school is required to provide diabetes care to a
student with diabetes and is seeking employees who are willing to be
trained to provide that care;

(b)
A description of the tasks to be performed;

(c)
A statement that participation is voluntary and that the school
district or governing authority will not take action against an
employee who does not agree to provide diabetes care;

(d)
A statement that training will be provided by a licensed health care
professional to an employee who agrees to provide care;

(e)
A statement that a trained employee is immune from liability under
division (J) of this section;

(f)
The name of the individual who should be contacted if an employee is
interested in providing diabetes care.

(3)
No employee of a board of education or governing authority shall be
subject to a penalty or disciplinary action under school or district
policies for refusing to volunteer to be trained in diabetes care.

(4)
No board or governing authority shall discourage employees from
agreeing to provide diabetes care under this section.

(F)
A board of education or governing authority may provide training in
the recognition of hypoglycemia and hyperglycemia and actions to take
in response to emergency situations involving these conditions to
both of the following:

(1)
A school employee who has primary responsibility for supervising a
student with diabetes during some portion of the school day;

(2)
A bus driver employed by a school district or chartered nonpublic
school responsible for the transportation of a student with diabetes.

(G)
A student with diabetes shall be permitted to attend the school the
student would otherwise attend if the student did not have diabetes
and the diabetes care specified in division (B) of this section shall
be provided at the school. A board of education or governing
authority shall not restrict a student who has diabetes from
attending the school on the basis that the student has diabetes, that
the school does not have a full-time school nurse, or that the school
does not have an employee trained in diabetes care. The school shall
not require or pressure a parent, guardian, or other person having
care or charge of a student to provide diabetes care for the student
with diabetes at school or school-related activities.

(H)(1)
Notwithstanding section 3313.713 of the Revised Code or any policy
adopted under that section and except as provided in division (H)(2)
of this section, on written request of the parent, guardian, or other
person having care or charge of a student and authorization by the
student's treating practitioner, a student with diabetes shall be
permitted during regular school hours and school-sponsored activities
to attend to the care and management of the student's diabetes in
accordance with the order issued by the student's treating
practitioner if the student's treating practitioner determines that
the student is capable of performing diabetes care tasks. The student
shall be permitted to perform diabetes care tasks in a classroom, in
any area of the school or school grounds, and at any school-related
activity, and to possess on the student's self at all times all
necessary supplies and equipment to perform these tasks. If the
student or the parent, guardian, or other person having care or
charge of the student so requests, the student shall have access to a
private area for performing diabetes care tasks.

(2)
If the student performs any diabetes care tasks or uses medical
equipment for purposes other than the student's own care, the board
of education or governing authority may revoke the student's
permission to attend to the care and management of the student's
diabetes.

(I)(1)
Notwithstanding any other provision of the Revised Code to the
contrary, a licensed health care professional shall be permitted to
provide training to a school employee under division (E) of this
section or to supervise the employee in performing diabetes care
tasks.

(2)
Nothing in this section diminishes the rights of eligible students or
the obligations of school districts or governing authorities under
the "Individuals with Disabilities Education Act," 20
U.S.C. 1400 et seq., section 504 of the "Rehabilitation Act,"
29 U.S.C. 794, or the "Americans with Disabilities Act," 42
U.S.C. 12101 et seq.

(J)(1)
A school or school district, a member of a board or governing
authority, or a district or school employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from providing care or performing duties under this
section unless the act or omission constitutes willful or wanton
misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a school or school district, member of a board of
education or governing authority, or district or school employee may
be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.

(2)
A school employee shall not be subject to disciplinary action under
school or district policies for providing care or performing duties
under this section.

(3)
A school nurse or other licensed health care professional shall be
immune from disciplinary action by the board of nursing or any other
regulatory board for providing care or performing duties under this
section if the care provided or duties performed are consistent with
applicable professional standards.

(K)(1)
Not later than the last day of December of each year, a board of
education or governing authority shall report to the department of
education and workforce both of the following:

(a)
The number of students with diabetes enrolled in the school district
or chartered nonpublic school during the previous school year;

(b)
The number of errors associated with the administration of diabetes
medication to students with diabetes during the previous school year.

(2)
Not later than the last day of March of each year, the department
shall issue a report summarizing the information received by the
department under division (K)(1) of this section for the previous
school year. The department shall make the report available on its
internet web site.

Sec.
3313.7117.
(A)
As used in this section:

(1)
"Licensed health care professional" means any of the
following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;

(c)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code.

(2)
"Seizure disorder" means epilepsy or involuntary
disturbance of brain function that may manifest as an impairment,
loss of consciousness, behavioral abnormalities, sensory disturbance
or convulsions.

(3)
"Treating practitioner" means any of the following who has
primary responsibility for treating a student's seizure disorder and
has been identified as such by the student's parent, guardian, or
other person having care or charge of the student or, if the student
is at least eighteen years of age, by the student:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
An advanced practice registered nurse who holds a current, valid
license to practice nursing as an advanced practice registered nurse
issued under Chapter 4723. of the Revised Code and is designated as a
clinical nurse specialist or certified nurse practitioner in
accordance with section 4723.42 of the Revised Code;

(c)
A physician
assistant

associate

who
holds a license issued under Chapter 4730. of the Revised Code, holds
a valid prescriber number issued by the state medical board, and has
been granted physician-delegated prescriptive authority.

(B)
A school nurse, or another district or school employee if a district
or school does not have a school nurse, of each city, local, exempted
village, and joint vocational school district and the governing
authority of a chartered nonpublic school, acting in collaboration
with a student's parents or guardian, shall create an individualized
seizure action plan for each student enrolled in the school district
or chartered nonpublic school who has an active seizure disorder
diagnosis. A plan shall include all of the following components:

(1)
A written request signed by the parent, guardian, or other person
having care or charge of the student, required by division (C)(1) of
section 3313.713 of the Revised Code, to have one or more drugs
prescribed for a seizure disorder administered to the student;

(2)
A written statement from the student's treating practitioner
providing the drug information required by division (C)(2) of section
3313.713 of the Revised Code for each drug prescribed to the student
for a seizure disorder.

(3)
Any other component required by the department of education and
workforce.

(C)(1)
The school nurse or a school administrator if the district does not
employ a school nurse, shall notify a school employee, contractor,
and volunteer in writing regarding the existence and content of each
seizure action plan in force if the employee, contractor, or
volunteer does any of the following:

(a)
Regularly interacts with the student;

(b)
Has legitimate educational interest in the student or is responsible
for the direct supervision of the student;

(c)
Is responsible for transportation of the student to and from school.

(2)
The school nurse or a school administrator if the district does not
employ a school nurse, shall identify each individual who has
received training under division (G) of this section in the
administration of drugs prescribed for seizure disorders. The school
nurse, or another district employee if a district does not employ a
school nurse, shall coordinate seizure disorder care at that school
and ensure that all staff described in division (C)(1) of this
section are trained in the care of students with seizure disorders.

(D)(1)
A drug prescribed to a student with a seizure disorder shall be
provided to the school nurse or another person at the school who is
authorized to administer it to the student if the district does not
employ a full-time school nurse. The drug shall be provided in the
container in which it was dispensed by the prescriber or a licensed
pharmacist. Notwithstanding division (D) of section 3313.713 of the
Revised Code, drugs prescribed for a seizure disorder that are to be
administered to students under this section may be kept in an easily
accessible location.

(2)
Notwithstanding division (D)(1) of this section, section 3313.713 of
the Revised Code, or any policy adopted under that section, a student
enrolled in a school district or chartered nonpublic school may
possess a drug prescribed to the student designed to prevent the
onset of a seizure or to alleviate the symptoms of a seizure if both
of the following conditions are satisfied:

(a)
The student has the written approval of the student's physician and,
if the student is a minor, the written approval of the parent,
guardian, or other person having care or charge of the student. The
physician's written approval shall include at least all of the
following information:

(i)
The student's name and address;

(ii)
The name of the drug and the dosage, if any, to be administered;

(iii)
The circumstances under which the drug is to be administered to the
student;

(iv)
How the drug is to be administered to the student;

(v)
Written instructions that outline procedures school personnel should
follow in the event that the drug does not prevent the onset of a
seizure or alleviate the symptoms of a seizure;

(vi)
Any severe adverse reactions that may occur to the student for whom
the drug is prescribed and that should be reported to the physician;

(vii)
Any severe adverse reactions that may occur to another student for
whom the drug is not prescribed, should such a student receive a dose
of the drug;

(viii)
At least one emergency telephone number for contacting the physician
in an emergency;

(ix)
At least one emergency telephone number for contacting the parent,
guardian, or other person having care or charge of the student in an
emergency;

(x)
Any other special instructions from the physician.

(b)
The school principal and, if a school nurse is assigned to the
student's school building, the school nurse have received copies of
the written approvals required by division (D)(2)(a) of this section.

If
these conditions are satisfied, the student may possess a drug
described in division (D)(2) of this section at school or at any
activity, event, or program sponsored by or in which the student's
school is a participant.

(3)
Notwithstanding division (B)(2) of section 3313.713 of the Revised
Code or any policy adopted under that section, any individual
identified in division (C)(1) of this section may administer to a
student a prescribed drug that is designed to prevent the onset of a
seizure or to alleviate the symptoms of a seizure if both of the
following conditions are satisfied:

(a)
The individual has received a copy of the written approval issued by
the student's physician which contains the information required by
division (D)(2)(a) of this section.

(b)
The individual has received training regarding the circumstances
under which the drug is to be administered to the student and how the
drug is to be administered to the student.

(E)
A seizure action plan is effective only for the school year in which
the written request described in division (B)(1) of this section was
submitted and must be renewed at the beginning of each school year.

(F)
A seizure action plan created under division (B) of this section
shall be maintained in the office of the school nurse or school
administrator if the district does not employ a full-time school
nurse.

(G)
A school district or governing authority of a chartered nonpublic
school shall designate at least one employee at each school building
it operates, aside from a school nurse, to be trained on the
implementation of seizure action plans every two years. The district
or governing authority shall provide or arrange for the training of
the employee. The training must include and be consistent with
guidelines and best practices established by a nonprofit organization
that supports the welfare of individuals with epilepsy and seizure
disorders, such as the Epilepsy Alliance Ohio or Epilepsy Foundation
of Ohio or other similar organizations as determined by the
department, and address all of the following:

(1)
Recognizing the signs and symptoms of a seizure;

(2)
The appropriate treatment for a student who exhibits the symptoms of
a seizure;

(3)
Administering drugs prescribed for seizure disorders, subject to this
section and section 3313.713 of the Revised Code.

A
seizure training program under division (G) of this section shall not
exceed one hour and shall qualify as a professional development
activity for the renewal of educator licenses, including activities
approved by local professional development committees under division
(F) of section 3319.22 of the Revised Code. If the training is
provided to a school district on portable media by a nonprofit
entity, the training shall be provided free of charge.

(H)
A board of education or governing authority shall require each person
it employs as an administrator, guidance counselor, teacher, or bus
driver to complete a minimum of one hour of self-study training or
in-person training on seizure disorders not later than twenty-four
months after October 3, 2023. Any such person employed after that
date shall complete the training within ninety days of employment.
The training shall qualify as a professional development activity for
the renewal of educator licenses, including activities approved by
local professional development committees under division (F) of
section 3319.22 of the Revised Code.

(I)(1)
A school or school district, a member of a board or governing
authority, or a district or school employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from providing care or performing duties under this
section unless the act or omission constitutes willful or wanton
misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a school district, member of a school district board of
education, or school district employee may be entitled to under
Chapter 2744. or any other provision of the Revised Code or under the
common law of this state.

(2)
A chartered nonpublic school or any officer, director, or employee of
the school is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from providing
care or performing duties under this section unless the act or
omission constitutes willful or wanton misconduct.

Sec.
3319.13.
Upon
the written request of a teacher or a regular nonteaching school
employee, a board of education may grant a leave of absence for a
period of not more than two consecutive school years for educational,
professional, or other purposes, and shall grant such leave where
illness or other disability is the reason for the request. Upon
subsequent request, such leave may be renewed by the board. Without
request, a board may grant similar leave of absence and renewals
thereof to any teacher or regular nonteaching school employee because
of physical or mental disability, but such teacher may have a hearing
on such unrequested leave of absence or its renewals in accordance
with section 3311.82 or 3319.16 of the Revised Code, and such
nonteaching school employee may have a hearing on such unrequested
leave of absence or its renewals in accordance with division (C) of
section 3319.081 of the Revised Code. Upon the return to service of a
teacher or a nonteaching school employee at the expiration of a leave
of absence, the teacher or nonteaching school employee shall resume
the contract status that the teacher or nonteaching school employee
held prior to the leave of absence. Any teacher who leaves a teaching
position for service in the uniformed services and who returns from
service in the uniformed services that is terminated in a manner
other than as described in section 4304 of Title 38 of the United
States Code, "Uniformed Services Employment and Reemployment
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall
resume the contract status held prior to entering the uniformed
services, subject to passing a physical examination by an individual
authorized by the Revised Code to conduct physical examinations,
including a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination. Such contract status shall be resumed at the first of
the school semester or the beginning of the school year following
return from the uniformed services. For purposes of this section and
section 3319.14 of the Revised Code, "uniformed services"
and "service in the uniformed services" have the same
meanings as defined in section 5923.05 of the Revised Code.

Upon
the return of a nonteaching school employee from a leave of absence,
the board may terminate the employment of a person hired exclusively
for the purpose of replacing the returning employee while the
returning employee was on leave. If, after the return of a
nonteaching employee from leave, the person employed exclusively for
the purpose of replacing an employee while the employee was on leave
is continued in employment as a regular nonteaching school employee
or if the person is hired by the board as a regular nonteaching
school employee within a year after employment as a replacement is
terminated, the person shall, for purposes of section 3319.081 of the
Revised Code, receive credit for the person's length of service with
the school district during such replacement period in the following
manner:

(A)
If employed as a replacement for less than twelve months, the person
shall be employed under a contract valid for a period equal to twelve
months less the number of months employed as a replacement. At the
end of such contract period, if the person is reemployed it shall be
under a two-year contract. Subsequent reemployment shall be pursuant
to division (B) of section 3319.081 of the Revised Code.

(B)
If employed as a replacement for twelve months or more but less than
twenty-four months, the person shall be employed under a contract
valid for a period equal to twenty-four months less the number of
months employed as a replacement. Subsequent reemployment shall be
pursuant to division (B) of section 3319.081 of the Revised Code.

(C)
If employed as a replacement for more than twenty-four months, the
person shall be employed pursuant to division (B) of section 3319.081
of the Revised Code.

For
purposes of this section, employment during any part of a month shall
count as employment during the entire month.

Sec.
3327.10.
(A)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van, owned and
operated by any school district or educational service center or
privately owned and operated under contract with any school district
or service center in this state, who has not received a certificate
from either the educational service center governing board that has
entered into an agreement with the school district under section
3313.843 or 3313.845 of the Revised Code or the superintendent of the
school district, certifying that such person is at least eighteen
years of age and is qualified physically and otherwise for such
position. The service center governing board or the superintendent,
as the case may be, shall provide for an annual physical examination
that conforms with rules adopted by the department of education and
workforce of each driver to ascertain the driver's physical fitness
for such employment. The examination shall be performed by one of the
following:

(1)
A person licensed under Chapter 4731. or 4734. of the Revised Code or
by another state to practice medicine and surgery, osteopathic
medicine and surgery, or chiropractic;

(2)
A physician
assistant
associate
;

(3)
A certified nurse practitioner;

(4)
A clinical nurse specialist;

(5)
A certified nurse-midwife;

(6)
A medical examiner who is listed on the national registry of
certified medical examiners established by the federal motor carrier
safety administration in accordance with 49 C.F.R. part 390.

Any
certificate may be revoked by the authority granting the same on
proof that the holder has been guilty of failing to comply with
division (D)(1) of this section, or upon a conviction or a guilty
plea for a violation, or any other action, that results in a loss or
suspension of driving rights. Failure to comply with such division
may be cause for disciplinary action or termination of employment
under division (C) of section 3319.081, or section 124.34 of the
Revised Code.

(B)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van not subject to the
rules of the department pursuant to division (A) of this section who
has not received a certificate from the school administrator or
contractor certifying that such person is at least eighteen years of
age and is qualified physically and otherwise for such position. Each
driver shall have an annual physical examination which conforms to
the state highway patrol rules, ascertaining the driver's physical
fitness for such employment. The examination shall be performed by
one of the following:

(1)
A person licensed under Chapter 4731. or 4734. of the Revised Code or
by another state to practice medicine and surgery, osteopathic
medicine and surgery, or chiropractic;

(2)
A physician
assistant
associate
;

(3)
A certified nurse practitioner;

(4)
A clinical nurse specialist;

(5)
A certified nurse-midwife;

(6)
A medical examiner who is listed on the national registry of
certified medical examiners established by the federal motor carrier
safety administration in accordance with 49 C.F.R. part 390.

Any
written documentation of the physical examination shall be completed
by the individual who performed the examination.

Any
certificate may be revoked by the authority granting the same on
proof that the holder has been guilty of failing to comply with
division (D)(2) of this section.

(C)
Any person who drives a school bus or motor van must give
satisfactory and sufficient bond except a driver who is an employee
of a school district and who drives a bus or motor van owned by the
school district.

(D)
No person employed as driver of a school bus or motor van under this
section who is convicted of a traffic violation or who has had the
person's commercial driver's license suspended shall drive a school
bus or motor van until the person has filed a written notice of the
conviction or suspension, as follows:

(1)
If the person is employed under division (A) of this section, the
person shall file the notice with the superintendent, or a person
designated by the superintendent, of the school district for which
the person drives a school bus or motor van as an employee or drives
a privately owned and operated school bus or motor van under
contract.

(2)
If employed under division (B) of this section, the person shall file
the notice with the employing school administrator or contractor, or
a person designated by the administrator or contractor.

(E)
In addition to resulting in possible revocation of a certificate as
authorized by divisions (A) and (B) of this section, violation of
division (D) of this section is a minor misdemeanor.

(F)(1)
Not later than thirty days after June 30, 2007, each owner of a
school bus or motor van shall obtain the complete driving record for
each person who is currently employed or otherwise authorized to
drive the school bus or motor van. An owner of a school bus or motor
van shall not permit a person to operate the school bus or motor van
for the first time before the owner has obtained the person's
complete driving record. Thereafter, the owner of a school bus or
motor van shall obtain the person's driving record not less
frequently than semiannually if the person remains employed or
otherwise authorized to drive the school bus or motor van. An owner
of a school bus or motor van shall not permit a person to resume
operating a school bus or motor van, after an interruption of one
year or longer, before the owner has obtained the person's complete
driving record.

(2)
The owner of a school bus or motor van shall not permit a person to
operate the school bus or motor van for ten years after the date on
which the person pleads guilty to or is convicted of a violation of
section 4511.19 of the Revised Code or a substantially equivalent
municipal ordinance.

(3)
An owner of a school bus or motor van shall not permit any person to
operate such a vehicle unless the person meets all other requirements
contained in rules adopted by the department prescribing
qualifications of drivers of school buses and other student
transportation.

(G)
No superintendent of a school district, educational service center,
community school, or public or private employer shall permit the
operation of a vehicle used for pupil transportation within this
state by an individual unless both of the following apply:

(1)
Information pertaining to that driver has been submitted to the
department, pursuant to procedures adopted by that department.
Information to be reported shall include the name of the employer or
school district, name of the driver, driver license number, date of
birth, date of hire, status of physical evaluation, and status of
training.

(2)
The most recent criminal records check required by division (J) of
this section has been completed and received by the superintendent or
public or private employer.

(H)
A person, school district, educational service center, community
school, nonpublic school, or other public or nonpublic entity that
owns a school bus or motor van, or that contracts with another entity
to operate a school bus or motor van, may impose more stringent
restrictions on drivers than those prescribed in this section, in any
other section of the Revised Code, and in rules adopted by the
department.

(I)
For qualified drivers who, on July 1, 2007, are employed by the owner
of a school bus or motor van to drive the school bus or motor van,
any instance in which the driver was convicted of or pleaded guilty
to a violation of section 4511.19 of the Revised Code or a
substantially equivalent municipal ordinance prior to two years prior
to July 1, 2007, shall not be considered a disqualifying event with
respect to division (F) of this section.

(J)(1)
This division applies to persons hired by a school district,
educational service center, community school, chartered nonpublic
school, or science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code to operate a
vehicle used for pupil transportation.

(a)
For each person to whom this division applies who is hired on or
after November 14, 2007, the employer shall request a criminal
records check in accordance with section 3319.39 of the Revised Code
and every six years thereafter.

(b)
For each person to whom this division applies who is hired prior to
November 14, 2007, the employer shall request a criminal records
check by a date prescribed by the department and every six years
thereafter.

(c)
If, on
the
effective date of this amendment
October
3, 2023
,
the most recent criminal records check requested for a person to whom
division (J)(1) of this section applies was completed more than one
year prior to that date or does not include information gathered
pursuant to division (A) of section 109.57 of the Revised Code, the
employer shall request a new criminal records check that includes
information gathered pursuant to division (A) of section 109.57 of
the Revised Code by a date prescribed by the state board of education
and every six years thereafter.

(2)
This division applies to persons hired by a public or private
employer not described in division (J)(1) of this section to operate
a vehicle used for pupil transportation.

(a)
For each person to whom this division applies who is hired on or
after November 14, 2007, the employer shall request a criminal
records check prior to the person's hiring and every six years
thereafter.

(b)
For each person to whom this division applies who is hired prior to
November 14, 2007, the employer shall request a criminal records
check by a date prescribed by the department and every six years
thereafter.

(c)
If, on
the
effective date of this amendment
October
3, 2023
,
the most recent criminal records check requested for a person to whom
division (J)(2) of this section applies was completed more than one
year prior to that date or does not include information gathered
pursuant to division (A) of section 109.57 of the Revised Code, the
employer shall request a new criminal records check that includes
information gathered pursuant to division (A) of section 109.57 of
the Revised Code by a date prescribed by the state board and every
six years thereafter.

(3)
Each request for a criminal records check under division (J) of this
section shall be made to the superintendent of the bureau of criminal
identification and investigation in the manner prescribed in section
3319.39 of the Revised Code, except that if both of the following
conditions apply to the person subject to the records check, the
employer shall request the superintendent only to obtain any criminal
records that the federal bureau of investigation has on the person:

(a)
The employer previously requested the superintendent to determine
whether the bureau of criminal identification and investigation has
any information, gathered pursuant to division (A) of section 109.57
of the Revised Code, on the person in conjunction with a criminal
records check requested under section 3319.39 of the Revised Code or
under division (J) of this section.

(b)
The person presents proof that the person has been a resident of this
state for the five-year period immediately prior to the date upon
which the person becomes subject to a criminal records check under
this section.

Upon
receipt of a request, the superintendent shall conduct the criminal
records check in accordance with section 109.572 of the Revised Code
as if the request had been made under section 3319.39 of the Revised
Code. However, as specified in division (B)(2) of section 109.572 of
the Revised Code, if the employer requests the superintendent only to
obtain any criminal records that the federal bureau of investigation
has on the person for whom the request is made, the superintendent
shall not conduct the review prescribed by division (B)(1) of that
section.

(4)
Notwithstanding anything in the Revised Code to the contrary, the
bureau of criminal identification and investigation shall make the
initial criminal records check requested of a person by an employer
under division (J)(1) or (2) of this section on or after
the
effective date of this amendment
October
3, 2023,
available
to the state board of education. The state board shall use the
information received to enroll the person in the retained applicant
fingerprint database, established under section 109.5721 of the
Revised Code, in the same manner as any teacher licensed under
sections 3319.22 to 3319.31 of the Revised Code. If the state board
is unable to enroll the person in the retained applicant fingerprint
database because the person has not satisfied the requirements for
enrollment, the state board shall notify the employer that the person
has not satisfied the requirements for enrollment. However, the
bureau shall not be required to make available to the state board the
criminal records check of any person who is already enrolled in the
retained applicant fingerprint database on the date the person's
employer requests a records check of the person under division (J)(1)
or (2) of this section.

If
the state board receives notification of the arrest, guilty plea, or
conviction of a person who is subject to this section, the state
board shall promptly notify the person's employer in accordance with
division (B) of section 3319.316 of the Revised Code.

(K)(1)
Until the effective date of the amendments to rule 3301-83-23 of the
Ohio Administrative Code required by the second paragraph of division
(E) of section 3319.39 of the Revised Code, any person who is the
subject of a criminal records check under division (J) of this
section and has been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised Code
shall not be hired or shall be released from employment, as
applicable, unless the person meets the rehabilitation standards
prescribed for nonlicensed school personnel by rule 3301-20-03 of the
Ohio Administrative Code.

(2)
Beginning on the effective date of the amendments to rule 3301-83-23
of the Ohio Administrative Code required by the second paragraph of
division (E) of section 3319.39 of the Revised Code, any person who
is the subject of a criminal records check under division (J) of this
section and has been convicted of or pleaded guilty to any offense
that, under the rule, disqualifies a person for employment to operate
a vehicle used for pupil transportation shall not be hired or shall
be released from employment, as applicable, unless the person meets
the rehabilitation standards prescribed by the rule.

(L)
The superintendent of a school district or an educational service
center governing board shall issue a certificate as a driver of a
school bus or motor van or a certificate to operate a vehicle used
for pupil transportation in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:

(1)
The applicant holds a certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a school bus or motor van driver or a pupil transportation
vehicle operator in a state that does not issue one or both of those
certificates.

Sec.
3331.02.
(A)
The superintendent of schools or the chief administrative officer, as
appropriate pursuant to section 3331.01 of the Revised Code, shall
not issue an age and schooling certificate until the superintendent
or chief administrative officer has received, examined, approved, and
filed the following papers duly executed:

(1)
The written pledge or promise of the person, partnership, or
corporation to legally employ the child, and for this purpose work
performed by a minor, directly and exclusively for the benefit of
such minor's parent, in the farm home or on the farm of such parent
is legal employment, irrespective of any contract of employment, or
the absence thereof, to permit the child to attend school as provided
in section 3321.08 of the Revised Code, and give notice of the nonuse
of an age and schooling certificate within five days from the date of
the child's withdrawal or dismissal from the service of that person,
partnership, or corporation, giving the reasons for such withdrawal
or dismissal;

(2)
The child's school record or notification. As used in this division,
a "school record" means documents properly filled out and
signed by the person in charge of the school which the child last
attended, giving the recorded age of the child, the child's address,
standing in studies, rating in conduct, and attendance in days during
the school year of the child's last attendance; "notification"
means the information submitted to the superintendent by the parent
of a child exempt from attendance at school pursuant to section
3321.042 of the Revised Code.

(3)
Evidence of the age of the child as follows:

(a)
A certified copy of an original birth record or a certification of
birth, issued in accordance with Chapter 3705. of the Revised Code,
or by an officer charged with the duty of recording births in another
state or country, shall be conclusive evidence of the age of the
child;

(b)
In the absence of such birth record or certification of birth, a
passport, or duly attested transcript thereof, showing the date and
place of birth of the child, filed with a register of passports at a
port of entry of the United States; or an attested transcript of the
certificate of birth or baptism or other religious record, showing
the date and place of birth of the child, shall be conclusive
evidence of the age of the child;

(c)
In case none of the above proofs of age can be produced, other
documentary evidence, except the affidavit of the parent, guardian,
or custodian, satisfactory to the superintendent or chief
administrative officer may be accepted in lieu thereof;

(d)
In case no documentary proof of age can be procured, the
superintendent or chief administrative officer may receive and file
an application signed by the parent, guardian, or custodian of the
child that a medical certificate be secured to establish the
sufficiency of the age of the child, which application shall state
the alleged age of the child, the place and date of birth, the
child's present residence, and such further facts as may be of
assistance in determining the age of the child, and shall certify
that the person signing the application is unable to obtain any of
the documentary proofs specified in divisions (A)(3)(a), (b), and (c)
of this section; and if the superintendent or chief administrative
officer is satisfied that a reasonable effort to procure such
documentary proof has been without success such application shall be
granted and the certificate of the school physician or if there be
none, of a physician, a physician
assistant
associate
,
a clinical nurse specialist, or a certified nurse practitioner
employed by the board of education, that said physician, physician

assistant
associate
,
clinical nurse specialist, or certified nurse practitioner is
satisfied that the child is above the age required for an age and
schooling certificate as stated in section 3331.01 of the Revised
Code, shall be accepted as sufficient evidence of age.

(4)
A certificate, including an athletic certificate of examination, from
a physician licensed pursuant to Chapter 4731. of the Revised Code, a
physician
assistant
associate
,
a clinical nurse specialist, or a certified nurse practitioner, or
from the district health commissioner, showing after a thorough
examination that the child is physically fit to be employed in such
occupations as are not prohibited by law for a boy or girl, as the
case may be, under eighteen years of age; but a certificate with
"limited" written, printed, marked, or stamped thereon may
be furnished by such physician, physician
assistant
associate
,
clinical nurse specialist, or certified nurse practitioner and
accepted by the superintendent or chief administrative officer in
issuing a "limited" age and schooling certificate provided
in section 3331.06 of the Revised Code, showing that the child is
physically fit to be employed in some particular occupation not
prohibited by law for a boy or girl of such child's age, as the case
may be, even if the child's complete physical ability to engage in
such occupation cannot be vouched for.

(B)(1)
Except as provided in division (B)(2) of this section, a physical
fitness certificate described in division (A)(4) of this section is
valid for purposes of that division while the child remains employed
in job duties of a similar nature as the job duties for which the
child last was issued an age and schooling certificate. The
superintendent or chief administrative officer who issues an age and
schooling certificate shall determine whether job duties are similar
for purposes of this division.

(2)
A "limited" physical fitness certificate described in
division (A)(4) of this section is valid for one year.

(C)
The superintendent of schools or the chief administrative officer
shall require a child who resides out of this state to file all the
information required under division (A) of this section. The
superintendent of schools or the chief administrative officer shall
evaluate the information filed and determine whether to issue the age
and schooling certificate using the same standards as those the
superintendent or officer uses for in-state children.

Sec.
3331.07.
When
an age and schooling certificate is reissued, the pledge of the new
employer shall be secured and filed. A physical fitness certificate
from a physician, physician
assistant
associate
,
clinical nurse specialist, or certified nurse practitioner as
described in division (A)(4) of section 3331.02 of the Revised Code
shall also be secured and filed if the physical fitness certificate
used in the issuing of the previously issued age and schooling
certificate is no longer valid, as determined pursuant to division
(B) of section 3331.02 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

Sec.
3701.23.
(A)
As used in this section, "health care provider" means any
person or government entity that provides health care services to
individuals. "Health care provider" includes, but is not
limited to, hospitals, medical clinics and offices, special care
facilities, medical laboratories, physicians, pharmacists, dentists,
physician
assistants
associates
,
registered and licensed practical nurses, laboratory technicians,
emergency medical service organization personnel, and ambulance
service organization personnel.

(B)
Boards of health, health authorities or officials, health care
providers in localities in which there are no health authorities or
officials, and coroners or medical examiners shall report promptly to
the department of health the existence of any of the following:

(1)
Asiatic cholera;

(2)
Yellow fever;

(3)
Diphtheria;

(4)
Typhus or typhoid fever;

(5)
As specified by the director of health, other contagious or
infectious diseases, illnesses, health conditions, or unusual
infectious agents or biological toxins posing a risk of human
fatality or disability.

(C)
No person shall fail to comply with the reporting requirements
established under division (B) of this section.

(D)
The reports required by this section shall be submitted on forms, as
required by statute or rule, and in the manner the director of health
prescribes.

(E)
Information reported under this section that is protected health
information pursuant to section 3701.17 of the Revised Code shall be
released only in accordance with that section. Information that does
not identify an individual may be released in summary, statistical,
or aggregate form.

Sec.
3701.25.
(A)
As used in sections 3701.25 to 3701.255 of the Revised Code:

(1)
"Certified nurse practitioner" and "clinical nurse
specialist" have the same meanings as in section 4723.01 of the
Revised Code.

(2)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code.

(3)
"Parkinson's disease" means a chronic and progressive
neurological disorder resulting from a deficiency of the
neurotransmitter dopamine as the consequence of specific degenerative
changes in the area of the brain called the basal ganglia. It is
characterized by tremor at rest, slow movements, muscle rigidity,
stooped posture, and unsteady or shuffling gait.

(4)
"Parkinsonisms" means conditions related to Parkinson's
disease that cause a combination of the movement abnormalities seen
in Parkinson's disease, such as tremor at rest, slow movement, muscle
rigidity, impaired speech, or muscle stiffness, which often overlap
with and can evolve from what appears to be Parkinson's disease.
Examples of Parkinsonisms include:

(a)
Multiple system atrophy;

(b)
Dementia with Lewy bodies;

(c)
Corticobasal degeneration;

(d)
Progressive supranuclear palsy.

(5)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(6)
"Physician
assistant
associate
"
means an individual authorized under Chapter 4730. of the Revised
Code to practice as a physician
assistant
associate
.

(B)
Within twenty-four months of
the
effective date of this section
October
3, 2023
,
the director of health shall establish and maintain a Parkinson's
disease registry for the collection and monitoring of the incidence
of Parkinson's disease in Ohio.

(C)
The director shall supervise the registry and the collection and
dissemination of data included in the registry. The director may
enter into contracts, grants, or other agreements as necessary to
maintain the registry, including data sharing contracts with data
reporting entities and their associated electronic medical record
systems vendors.

(D)
Beginning on a date and at intervals determined by the director, each
individual case of Parkinson's disease or a Parkinsonism diagnosed on
or after the date determined by the director shall be reported to the
registry in a format specified by the director by one of the
following:

(1)
The certified nurse practitioner, clinical nurse specialist,
physician, or physician
assistant

associate

who
diagnosed or treated the individual's Parkinson's disease or
Parkinsonism;

(2)
The group practice, hospital, or other health care facility that
employs or contracts with the medical professional described in
division (D)(1) of this section.

(E)
Each medical professional or health care facility specified in
division (D) of this section shall inform patients diagnosed with
Parkinson's disease or a Parkinsonism at the time of diagnosis or
treatment of the Parkinson's disease registry.

(F)
The director or a representative of a director may inspect upon
reasonable notice a representative sample of the medical records of
patients with Parkinson's disease diagnosed, treated, or admitted at
a group practice, hospital, or other health care facility.

(G)
Each medical professional or health care facility specified in
division (D) of this section who in good faith submits a Parkinson's
disease report to the registry is not liable in any cause of action
arising from the submission of the report.

(H)
Nothing in sections 3701.25 to 3701.255 of the Revised Code shall be
deemed to compel any individual to submit to any medical examination
or supervision by the department of health, any of its authorized
representatives, or an approved researcher.

(I)
Facilities or individuals providing diagnostic or treatment services
to patients with Parkinson's disease may maintain separate
facility-based Parkinson's disease registries.

Sec.
3701.36.
(A)
As used in this section and in sections 3701.361 and 3701.362 of the
Revised Code, "palliative care" has the same meaning as in
section 3712.01 of the Revised Code.

(B)
There is hereby created the palliative care and quality of life
interdisciplinary council. Subject to division (C) of this section,
members of the council shall be appointed by the director of health
and include individuals with expertise in palliative care who
represent the following professions or constituencies:

(1)
Physicians authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery,
including those who are board-certified in pediatrics and those who
are board-certified in psychiatry, as those designations are issued
by a medical specialty certifying board recognized by the American
board of medical specialties or American osteopathic association;

(2)
Physician
assistants

associates

licensed
under Chapter 4730. of the Revised Code;

(3)
Advanced practice registered nurses licensed under Chapter 4723. of
the Revised Code who are designated as clinical nurse specialists or
certified nurse practitioners;

(4)
Registered nurses and licensed practical nurses licensed under
Chapter 4723. of the Revised Code;

(5)
Pharmacists licensed under Chapter 4729. of the Revised Code;

(6)
Psychologists licensed under Chapter 4732. of the Revised Code;

(7)
Licensed professional clinical counselors or licensed professional
counselors licensed under Chapter 4757. of the Revised Code;

(8)
Independent social workers or social workers licensed under Chapter
4757. of the Revised Code;

(9)
Marriage and family therapists licensed under Chapter 4757. of the
Revised Code;

(10)
Child life specialists;

(11)
Clergy or spiritual advisers;

(12)
Exercise physiologists;

(13)
Health insurers;

(14)
Patients;

(15)
Family caregivers.

The
council's membership also may include employees of agencies of this
state that administer programs pertaining to palliative care or are
otherwise concerned with the delivery of palliative care in this
state.

(C)
The council's membership shall include individuals who have worked
with various age groups, including children and the elderly. The
council's membership also shall include individuals who have
experience or expertise in various palliative care delivery models,
including acute care, long-term care, hospice care, home health
agency services, home-based care, and spiritual care. At least two
members shall be physicians who are board-certified in hospice and
palliative care by a medical specialty certifying board recognized by
the American board of medical specialties or American osteopathic
association. At least one member shall be employed as an
administrator of a hospital or system of hospitals in this state or
be a professional specified in divisions (B)(1) to (10) or division
(B)(12) of this section who treats patients as an employee or
contractor of such a hospital or system of hospitals.

Not
more than twenty individuals shall serve as members of the council at
any one time. Not more than two members shall be employed by the same
health care facility or provider or practice at or for the same
health care facility or provider.

In
making appointments to the council, the director shall seek to
include as members individuals who represent underserved areas of the
state and to have all geographic areas of the state represented.

(D)
The director shall make initial appointments to the council not later
than ninety days after March 20, 2019. Terms of office shall be three
years. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. In the
event of death, removal, resignation, or incapacity of a council
member, the director shall appoint a successor who shall hold office
for the remainder of the term for which the successor's predecessor
was appointed. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed, whichever
occurs first.

The
council shall meet at the call of the director, but not less than
twice annually. The council shall select annually from among its
members a chairperson and vice-chairperson, whose duties shall be
established by the council.

Each
member shall serve without compensation, except to the extent that
serving on the council is considered part of the member's regular
employment duties.

(E)
The council shall do all of the following:

(1)
Consult with and advise the director on matters related to the
establishment, maintenance, operation, and evaluation of palliative
care initiatives in this state;

(2)
Consult with the department of health for purposes of its
implementation of section 3701.361 of the Revised Code;

(3)
Identify national organizations that have established standards of
practice and best practice models for palliative care;

(4)
Identify initiatives established at the national and state levels
aimed at integrating palliative care into the health care system and
enhancing the use and development of palliative care;

(5)
Establish guidelines for health care facilities and providers to use
under section 3701.362 of the Revised Code in identifying patients
and residents who could benefit from palliative care;

(6)
On or before December 31 of each year, prepare and submit to the
governor, general assembly, director of health, director of aging,
superintendent of insurance, and medicaid director a report of
recommendations for improving the provision of palliative care in
this state.

The
council shall submit the report to the general assembly in accordance
with section 101.68 of the Revised Code.

(F)
The department of health shall provide to the council the
administrative support necessary to execute its duties. At the
request of the council, the department shall examine potential
sources of funding to assist with any duties described in this
section or sections 3701.361 and 3701.362 of the Revised Code.

(G)
The council is not subject to sections 101.82 to 101.87 of the
Revised Code.

Sec.
3701.59.
(A)
As used in this section:

(1)
"Addiction services" and "alcohol and drug addiction
services" have the same meanings as in section 5119.01 of the
Revised Code.

(2)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(B)
Any of the following health care professionals who attends a pregnant
woman for conditions relating to pregnancy before the end of the
twentieth week of pregnancy and who has reason to believe that the
woman is using or has used a controlled substance in a manner that
may place the woman's fetus in jeopardy shall encourage the woman to
enroll in a drug treatment program offered by a provider of addiction
services or alcohol and drug addiction services:

(1)
Physicians authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(2)
Registered nurses licensed under Chapter 4723. of the Revised Code,
including certified nurse-midwives, clinical nurse specialists, and
certified nurse practitioners, and licensed practical nurses licensed
under that chapter;

(3)
Physician
assistants

associates

licensed
under Chapter 4730. of the Revised Code.

(C)
A health care professional is immune from civil liability and is not
subject to criminal prosecution with regard to both of the following:

(1)
Failure to recognize that a pregnant woman has used or is using a
controlled substance in a manner that may place the woman's fetus in
jeopardy;

(2)
Any action taken in good faith compliance with this section.

Sec.
3701.615.
(A)
As used in this section:

(1)
"Certified nurse-midwife," "certified nurse
practitioner," and "clinical nurse specialist" have
the same meanings as in section 4723.01 of the Revised Code.

(2)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(3)
"Physician
assistant
associate
"
means an individual authorized under Chapter 4730. of the Revised
Code to practice as a physician
assistant
associate
.

(B)
The department of health shall establish a grant program to address
the provision of prenatal health care services to pregnant women on a
group basis. The aim of the program is to increase the number of
pregnant women who begin prenatal care early in their pregnancies and
to reduce the number of infants born preterm.

(C)(1)
An entity seeking to participate in the grant program shall apply to
the department of health in a manner prescribed by the department.
Participating entities may include the following:

(a)
Medical practices, including those operated by or employing one or
more physicians, physician
assistants
associates
,
certified nurse-midwives, certified nurse practitioners, or clinical
nurse specialists;

(b)
Health care facilities.

(2)
To be eligible to participate in the grant program, an entity must
demonstrate to the department that it can meet all of the following
requirements:

(a)
Has space to host groups of at least twelve pregnant women;

(b)
Has adequate in-kind resources, including existing medical staff, to
provide necessary prenatal health care services on both an individual
and group basis;

(c)
Provides prenatal care based on either of the following:

(i)
The centering pregnancy model of care developed by the centering
healthcare institute;

(ii)
Another model of care acceptable to the department.

(d)
Integrates health assessments, education, and support into a unified
program in which pregnant women at similar stages of pregnancy meet,
learn care skills, and participate in group discussions;

(e)
Meets any other requirements established by the department.

(D)
When distributing funds under the program, the department shall give
priority to entities that are both of the following:

(1)
Operating in areas of the state with high preterm birth rates,
including rural areas and Cuyahoga, Franklin, Hamilton, and Summit
counties;

(2)
Providing care to medicaid recipients who are members of the group
described in division (B) of section 5163.06 of the Revised Code.

(E)
A participating entity may employ or contract with licensed dental
hygienists to educate pregnant women about the importance of prenatal
and postnatal dental care.

(F)
The department may adopt rules as necessary to implement this
section. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

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

(1)
"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
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.

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

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

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

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

(b)
A registered nurse licensed under Chapter 4723. of the Revised Code,
including an advanced practice registered nurse, or a licensed
practical nurse licensed under that chapter;

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

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

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

(f)
A physician;

(g)
A physician
assistant

associate

authorized
under Chapter 4730. of the Revised Code to practice as a physician

assistant
associate
;

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

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

(j)
A chiropractor;

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

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

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

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

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

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

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

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

(s)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code.

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

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

(7)
"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.

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

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

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

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

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

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

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

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

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

(15)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(B)
A patient, a patient's personal representative, or an authorized
person who wishes to examine or obtain a copy of part or all of a
medical record shall submit to the health care provider a written
request signed by the patient, personal representative, or authorized
person dated not more than one year before the date on which it is
submitted. The request shall indicate whether the copy is to be sent
to the requestor, sent to a physician, advanced practice registered
nurse, or chiropractor, or held for the requestor at the office of
the health care provider. Within a reasonable time after receiving a
request that meets the requirements of this division and includes
sufficient information to identify the record requested, a health
care provider that has the patient's medical records shall permit the
patient to examine the record during regular business hours without
charge or, on request, shall provide a copy of the record in
accordance with section 3701.741 of the Revised Code, except that if
a physician, advanced practice registered nurse, psychologist,
licensed professional clinical counselor, licensed professional
counselor, independent social worker, social worker, independent
marriage and family therapist, marriage and family therapist, or
chiropractor who has treated the patient determines for clearly
stated treatment reasons that disclosure of the requested record is
likely to have an adverse effect on the patient, the health care
provider shall provide the record to a physician, advanced practice
registered nurse, psychologist, licensed professional clinical
counselor, licensed professional counselor, independent social
worker, social worker, independent marriage and family therapist,
marriage and family therapist, or chiropractor designated by the
patient. The health care provider shall take reasonable steps to
establish the identity of the person making the request to examine or
obtain a copy of the patient's record.

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

(D)(1)
This section does not apply to medical records whose release is
covered by section 173.20 or 3721.13 of the Revised Code, by Chapter
1347., 5119., or 5122. of the Revised Code, by 42 C.F.R. part 2,
"Confidentiality of Alcohol and Drug Abuse Patient Records,"
or by 42 C.F.R. 483.10.

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

Sec.
3701.90.
The
director of health, with participation from the state medical board
and board of nursing, shall collaborate with medical, nursing, and
physician
assistant

associate

schools
or programs in this state, as well as medical residency and
fellowship programs in this state, to develop and implement
appropriate curricula in those schools and programs designed to
prepare primary care and women's health care physicians, advanced
practice registered nurses, and physician
assistants

associates

to
provide patient counseling on efficacy-based contraceptives,
including long-acting reversible contraceptives.

Sec.
3701.92.
As
used in sections 3701.921 to 3701.929 of the Revised Code:

(A)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(B)
"Patient centered medical home education advisory group"
means the entity established under section 3701.924 of the Revised
Code.

(C)
"Patient centered medical home education program" means the
program established under section 3701.921 of the Revised Code and
any pilot projects operated pursuant to that section.

(D)
"Patient centered medical home education pilot project"
means the pilot project established under section 3701.923 of the
Revised Code.

(E)
"Physician
assistant
associate
"
means a person who is licensed as a physician
assistant

associate

under
Chapter 4730. of the Revised Code.

Sec.
3701.928.
(A)
The director of health shall collaborate with medical, nursing, and
physician
assistant

associate

schools
or programs in this state to develop appropriate curricula designed
to prepare primary care physicians, advanced practice registered
nurses, and physician
assistants

associates

to
practice within the patient centered medical home model of care. In
developing the curricula, the director and the schools or programs
shall include all of the following:

(1)
Components for use at the medical student, advanced practice
registered nursing student, physician
assistant

associate

student,
and primary care resident training levels;

(2)
Components that reflect, as appropriate, the special needs of
patients who are part of a medically underserved population,
including medicaid recipients, individuals without health insurance,
individuals with disabilities, individuals with chronic health
conditions, and individuals within racial or ethnic minority groups;

(3)
Components that include training in interdisciplinary cooperation
between physicians, advanced practice registered nurses, and
physician
assistants

associates

in
the patient centered medical home model of care, including curricula
ensuring that a common conception of a patient centered medical home
model of care is provided to medical students, advanced practice
registered nurses, physician
assistants
associates
,
and primary care residents;

(4)
Components that include training in preconception care and family
planning.

(B)
The director may work in association with the medical, nursing, and
physician
assistant

associate

schools
or programs to identify funding sources to ensure that the curricula
developed under division (A) of this section are accessible to
medical students, advanced practice registered nursing students,
physician
assistant

associate

students,
and primary care residents. The director shall consider scholarship
options or incentives provided to students in addition to those
provided under the choose Ohio first scholarship program operated
under section 3333.61 of the Revised Code.

Sec.
3701.941.
(A)
As part of the patient centered medical home program established
under section 3701.94 of the Revised Code, the department of health
shall establish a voluntary patient centered medical home
certification program.

(B)
Each primary care practice, that seeks a patient centered medical
home certificate shall submit an application on a form prepared by
the department. The department may require an application fee and
annual renewal fee as determined by the department. If the department
establishes a fee under this section, the fee shall be in an amount
that is sufficient to cover the cost of any on-site evaluations
conducted by the department or an entity under contract with the
department pursuant to section 3701.942 of the Revised Code.

(C)
A practice certified under this section shall do all of the
following:

(1)
Meet any standards developed by national independent accrediting and
medical home organizations, as determined by the department;

(2)
Develop a systematic follow-up procedure for patients, including the
use of health information technology and patient registries;

(3)
Implement and maintain health information technology that meets the
requirements of 42 U.S.C. 300jj;

(4)
Comply with the reporting requirements of section 3701.942 of the
Revised Code;

(5)
Meet any process, outcome, and quality standards specified by the
department of health;

(6)
Meet any other requirements established by the department.

(D)
The department shall seek to do all of the following through the
certification of patient centered medical homes:

(1)
Expand, enhance, and encourage the use of primary care providers,
including primary care physicians, advanced practice registered
nurses, and physician
assistants
associates
,
as personal clinicians;

(2)
Develop a focus on delivering high-quality, efficient, and effective
health care services;

(3)
Encourage patient centered care and the provision of care that is
appropriate for a patient's race, ethnicity, and language;

(4)
Encourage the education and active participation of patients and
patients' families or legal guardians, as appropriate, in decision
making and care plan development;

(5)
Provide patients with consistent, ongoing contact with a personal
clinician or team of clinical professionals to ensure continuous and
appropriate care;

(6)
Ensure that patient centered medical homes develop and maintain
appropriate comprehensive care plans for patients with complex or
chronic conditions, including an assessment of health risks and
chronic conditions;

(7)
Ensure that patient centered medical homes plan for transition of
care from youth to adult to senior;

(8)
Enable and encourage use of a range of qualified health care
professionals, including dedicated care coordinators, in a manner
that enables those professionals to practice to the fullest extent of
their professional licenses.

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

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

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

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

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

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

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

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

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

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

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

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

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

(l)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code.

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

Sec.
3715.50.
(A)
As used in this section and in sections 3715.501 to 3715.505 of the
Revised Code:

(1)
"Advanced practice registered nurse" means an individual
who holds a current, valid license issued under Chapter 4723. of the
Revised Code and is designated as a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner.

(2)
"Overdose reversal drug" has the same meaning as in section
4729.01 of the Revised Code.

(3)
"Pharmacist" means an individual licensed under Chapter
4729. of the Revised Code to practice as a pharmacist.

(4)
"Pharmacy intern" means an individual licensed under
Chapter 4729. of the Revised Code to practice as a pharmacy intern.

(5)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(6)
"Physician
assistant
associate
"
means an individual who is licensed under Chapter 4730. of the
Revised Code, holds a valid prescriber number issued by the state
medical board,

and
has been granted physician-delegated prescriptive authority.

(7)
"Certified mental health assistant" means an individual who
is licensed under Chapter 4772. of the Revised Code and has been
granted physician-delegated prescriptive authority.

(B)
Notwithstanding any conflicting provision of the Revised Code, any
person or government entity may purchase, possess, distribute,
dispense, personally furnish, sell, or otherwise obtain or provide an
overdose reversal drug, which includes any instrument or device used
to administer the drug, if all of the following conditions are met:

(1)
The overdose reversal drug is in its original manufacturer's
packaging.

(2)
The overdose reversal drug's packaging contains the manufacturer's
instructions for use.

(3)
The overdose reversal drug is stored in accordance with the
manufacturer's or distributor's instructions.

(C)
In addition to actions authorized by division (B) of this section,
any person or government entity may obtain and maintain a supply of
an overdose reversal drug for either or both of the following
purposes: for use in an emergency situation and for distribution
through an automated mechanism.

(1)
In the case of a supply of an overdose reversal drug obtained and
maintained for use in an emergency situation, a person or government
entity shall do all of the following:

(a)
Provide to any individual who accesses the supply instructions
regarding emergency administration of the drug, including a specific
instruction to summon emergency services as necessary;

(b)
Establish a process for replacing within a reasonable time period any
overdose reversal drug that has been accessed;

(c)
Store the overdose reversal drug in accordance with the
manufacturer's or distributor's instructions.

(2)
In the case of a supply of an overdose reversal drug obtained and
maintained for distribution through an automated mechanism, a person
or government entity shall do all of the following:

(a)
Ensure that the mechanism is securely fastened to a permanent
structure or is of an appropriate size and weight to reasonably
prevent it from being removed from its intended location;

(b)
Provide to any individual who accesses the supply instructions
regarding emergency administration of the drug, including a specific
instruction to summon emergency services as necessary;

(c)
Develop a process for monitoring and replenishing the supply
maintained in the automated mechanism;

(d)
Store the overdose reversal drug in accordance with the
manufacturer's or distributor's instructions.

(D)
If the authority granted by division (B) or (C) of this section is
exercised in good faith, the following immunities apply:

(1)
The person or government entity exercising the authority is not
subject to administrative action or criminal prosecution and is not
liable for damages in a civil action for injury, death, or loss to
person or property for an act or omission that arises from exercising
that authority.

(2)
After an overdose reversal drug has been dispensed or personally
furnished, the person or government entity is not liable for or
subject to any of the following for any act or omission of the
individual to whom the drug is dispensed or personally furnished:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.

(E)(1)
This section does not affect any other authority to issue a
prescription for, or personally furnish a supply of, an overdose
reversal drug.

(2)
This section does not eliminate, limit, or reduce any other immunity
or defense that a person or government entity may be entitled to
under section 9.86, Chapter 2744., section 4765.49, or any other
provision of the Revised Code or the common law of this state.

Sec.
3715.501.
(A)
Notwithstanding any conflicting provision of the Revised Code or of
any rule adopted by the state board of pharmacy, state medical board,
or board of nursing, both of the following apply:

(1)
A physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant may issue a prescription for an overdose reversal drug, or
personally furnish a supply of the drug, without having examined the
individual to whom it may be administered. The physician, physician

assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant exercising this authority shall provide, to the individual
receiving the prescription or supply, instructions regarding the
emergency administration of the drug, including a specific
instruction to summon emergency services as necessary.

(2)
In the event that a prescription for an overdose reversal drug does
not include the name of the individual to whom the drug may be
administered, a pharmacist or pharmacy intern may dispense the drug
to the individual who received the prescription.

(B)(1)
A physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant who in good faith exercises the authority conferred by
division (A)(1) of this section is not liable for or subject to any
of the following for any act or omission of the individual to whom a
prescription for an overdose reversal drug is issued or the supply of
such a drug is furnished: damages in any civil action, prosecution in
any criminal proceeding, or professional disciplinary action.

(2)
A pharmacist or pharmacy intern who in good faith exercises the
authority conferred by division (A)(2) of this section is not liable
for or subject to any of the following: damages in any civil action,
prosecution in any criminal proceeding, or professional disciplinary
action.

Sec.
3715.502.
(A)
A physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant may authorize one or more pharmacists and any of the
pharmacy interns supervised by the one or more pharmacists to use a
protocol developed pursuant to rules adopted under this section for
the purpose of dispensing overdose reversal drugs. If use of the
protocol has been authorized, a pharmacist or pharmacy intern may
dispense overdose reversal drugs without a prescription to either of
the following in accordance with that protocol:

(1)
An individual who there is reason to believe is experiencing or at
risk of experiencing an opioid-related overdose;

(2)
A family member, friend, or other individual in a position to assist
an individual who there is reason to believe is at risk of
experiencing an opioid-related overdose.

(B)
A pharmacist or pharmacy intern who dispenses overdose reversal drugs
under this section shall instruct the individual to whom the drugs
are dispensed to summon emergency services as soon as practicable
either before or after administering the drugs.

(C)
A pharmacist may document on a prescription form the dispensing of
overdose reversal drugs by the pharmacist or a pharmacy intern
supervised by the pharmacist. The form may be assigned a number for
recordkeeping purposes.

(D)
This section does not affect the authority of a pharmacist or
pharmacy intern to fill or refill a prescription for overdose
reversal drugs.

(E)
A physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant who in good faith authorizes a pharmacist or pharmacy
intern to dispense overdose reversal drugs without a prescription, as
provided in this section, is not liable for or subject to any of the
following for any act or omission of the individual to whom the drugs
are dispensed: damages in any civil action, prosecution in any
criminal proceeding, or professional disciplinary action.

A
pharmacist or pharmacy intern authorized under this section to
dispense overdose reversal drugs without a prescription who does so
in good faith is not liable for or subject to any of the following
for any act or omission of the individual to whom the drugs are
dispensed: damages in any civil action, prosecution in any criminal
proceeding, or professional disciplinary action.

(F)
The state board of pharmacy, after consulting with the state medical
board and board of nursing, shall adopt rules to implement this
section. The rules shall specify a protocol under which pharmacists
or pharmacy interns may dispense overdose reversal drugs without a
prescription.

All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

(G)(1)
The state board of pharmacy shall develop a program to educate all of
the following about the authority of a pharmacist or pharmacy intern
to dispense overdose reversal drugs without a prescription:

(a)
Holders of licenses issued under Chapter 4729. of the Revised Code
that engage in the sale or dispensing of overdose reversal drugs
pursuant to this section;

(b)
Registered pharmacy technicians, certified pharmacy technicians, and
pharmacy technician trainees registered under Chapter 4729. of the
Revised Code who engage in the sale of overdose reversal drugs
pursuant to this section;

(c)
Individuals who are not licensed or registered under Chapter 4729. of
the Revised Code but are employed by license holders described in
division (G)(1)(a) of this section.

(2)
As part of the program, the board also shall educate the license
holders, pharmacy technicians, and employees described in division
(G)(1) of this section about maintaining an adequate supply of
overdose reversal drugs and methods for determining a pharmacy's
stock of such drugs.

(3)
The board may use its web site to share information under the
program.

Sec.
3715.503.
(A)
In addition to the actions authorized by section 3715.50 of the
Revised Code and subject to division (B) of this section, a
physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant may elect to establish a protocol authorizing any
individual to personally furnish a supply of an overdose reversal
drug to another individual pursuant to the protocol. A person
authorized to personally furnish an overdose reversal drug pursuant
to the protocol may do so without having examined the individual to
whom the drug may be administered.

(B)
A protocol established by a physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant for purposes of this section shall include all of the
following:

(1)
Any limitations to be applied concerning the individuals to whom the
overdose reversal drug may be personally furnished;

(2)
The overdose reversal drug dosage that may be personally furnished
and any variation in the dosage based on circumstances specified in
the protocol;

(3)
Any labeling, storage, recordkeeping, and administrative
requirements;

(4)
Training requirements that must be met before a person will be
authorized to personally furnish overdose reversal drugs;

(5)
Any instructions or training that the authorized person must provide
to an individual to whom an overdose reversal drug is personally
furnished.

(C)
A physician, physician
assistant
associate
,
advanced practice registered nurse, or certified mental health
assistant who in good faith authorizes an individual to personally
furnish a supply of an overdose reversal drug in accordance with a
protocol established under this section, and an individual who in
good faith personally furnishes a supply under that authority, is not
liable for or subject to any of the following for any act or omission
of the individual to whom the overdose reversal drug is personally
furnished: damages in any civil action, prosecution in any criminal
proceeding, or professional disciplinary action.

Sec.
3715.872.
(A)
As used in this section, "health care professional" means
any of the following who provide medical, dental, or other
health-related diagnosis, care, or treatment:

(1)
Individuals authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(2)
Registered nurses licensed under Chapter 4723. of the Revised Code,
including advanced practice registered nurses, and licensed practical
nurses licensed under that chapter;

(3)
Physician
assistants

associates

licensed
under Chapter 4730. of the Revised Code;

(4)
Dentists and dental hygienists licensed under Chapter 4715. of the
Revised Code;

(5)
Optometrists licensed under Chapter 4725. of the Revised Code;

(6)
Pharmacists licensed under Chapter 4729. of the Revised Code;

(7)
Certified mental health assistants licensed under Chapter 4772. of
the Revised Code.

(B)
For matters related to activities conducted under the drug repository
program, all of the following apply:

(1)
A pharmacy, drug manufacturer, health care facility, or other person
or government entity that donates or gives drugs to the program, and
any person or government entity that facilitates the donation or
gift, shall not be subject to liability in tort or other civil action
for injury, death, or loss to person or property.

(2)
A pharmacy, hospital, or nonprofit clinic that accepts or distributes
drugs under the program shall not be subject to liability in tort or
other civil action for injury, death, or loss to person or property,
unless an action or omission of the pharmacy, hospital, or nonprofit
clinic constitutes willful and wanton misconduct.

(3)
A health care professional who accepts, dispenses, or personally
furnishes drugs under the program on behalf of a pharmacy, hospital,
or nonprofit clinic participating in the program, and the pharmacy,
hospital, or nonprofit clinic that employs or otherwise uses the
services of the health care professional, shall not be subject to
liability in tort or other civil action for injury, death, or loss to
person or property, unless an action or omission of the health care
professional, pharmacy, hospital, or nonprofit clinic constitutes
willful and wanton misconduct.

(4)
The state board of pharmacy shall not be subject to liability in tort
or other civil action for injury, death, or loss to person or
property, unless an action or omission of the board constitutes
willful and wanton misconduct.

(5)
In addition to the civil immunity granted under division (B)(1) of
this section, a pharmacy, drug manufacturer, health care facility, or
other person or government entity that donates or gives drugs to the
program, and any person or government entity that facilitates the
donation or gift, shall not be subject to criminal prosecution for
matters related to activities that it conducts or another party
conducts under the program, unless an action or omission of the party
that donates, gives, or facilitates the donation or gift of the drugs
does not comply with the provisions of this chapter or the rules
adopted under it.

(6)
In the case of a drug manufacturer, the immunities from civil
liability and criminal prosecution granted to another party under
divisions (B)(1) and (5) of this section extend to the manufacturer
when any drug it manufactures is the subject of an activity conducted
under the program. This extension of immunities includes, but is not
limited to, immunity from liability or prosecution for failure to
transfer or communicate product or consumer information or the
expiration date of a drug that is donated or given.

Sec.
3719.06.
(A)(1)
A licensed health professional authorized to prescribe drugs, if
acting in the course of professional practice, in accordance with the
laws regulating the professional's practice, and in accordance with
rules adopted by the state board of pharmacy, may, except as provided
in division (A)(2), (3), or (4) of this section, do the following:

(a)
Prescribe schedule II, III, IV, and V controlled substances;

(b)
Administer or personally furnish to patients schedule II, III, IV,
and V controlled substances;

(c)
Cause schedule II, III, IV, and V controlled substances to be
administered under the prescriber's direction and supervision.

(2)
A licensed health professional authorized to prescribe drugs who is a
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner is subject to both of the following:

(a)
A schedule II controlled substance may be prescribed only in
accordance with division (C) of section 4723.481 of the Revised Code.

(b)
No schedule II controlled substance shall be personally furnished to
any patient.

(3)
A licensed health professional authorized to prescribe drugs who is a
physician
assistant

associate

is
subject to all of the following:

(a)
A controlled substance may be prescribed or personally furnished only
if it is included in the physician-delegated prescriptive authority
granted to the physician
assistant

associate

in
accordance with Chapter 4730. of the Revised Code.

(b)
A schedule II controlled substance may be prescribed only in
accordance with division (B)(4) of section 4730.41 and section
4730.411 of the Revised Code.

(c)
No schedule II controlled substance shall be personally furnished to
any patient.

(4)
A licensed health professional authorized to prescribe drugs who is a
certified mental health assistant is subject to both of the
following:

(a)
A controlled substance may be prescribed or personally furnished only
in accordance with sections 4772.12 and 4772.13 of the Revised Code.

(b)
No schedule II controlled substance shall be personally furnished to
any patient.

(B)
No licensed health professional authorized to prescribe drugs shall
prescribe, administer, or personally furnish a schedule III anabolic
steroid for the purpose of human muscle building or enhancing human
athletic performance and no pharmacist shall dispense a schedule III
anabolic steroid for either purpose, unless it has been approved for
that purpose under the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.

(C)
When issuing a prescription for a schedule II controlled substance, a
licensed health professional authorized to prescribe drugs shall do
so only upon an electronic prescription, except that the prescriber
may issue a written prescription if any of the following apply:

(1)
A temporary technical, electrical, or broadband failure occurs
preventing the prescriber from issuing an electronic prescription.

(2)
The prescription is issued for a nursing home resident or hospice
care patient.

(3)
The prescriber is employed by or under contract with the same entity
that operates the pharmacy.

(4)
The prescriber determines that an electronic prescription cannot be
issued in a timely manner and the patient's medical condition is at
risk.

(5)
The prescriber issues the prescription from a health care facility,
which may include an emergency department, and reasonably determines
that an electronic prescription would be impractical for the patient
or would cause a delay that may adversely impact the patient's
medical condition.

(6)
The prescriber issues per year not more than fifty prescriptions for
schedule II controlled substances.

(7)
The prescriber is a veterinarian licensed under Chapter 4741. of the
Revised Code.

(D)
Each written or electronic prescription for a controlled substance
shall be properly executed, dated, and signed by the prescriber on
the day when issued and shall bear the full name and address of the
person for whom, or the owner of the animal for which, the controlled
substance is prescribed and the full name, address, and registry
number under the federal drug abuse control laws of the prescriber.
If the prescription is for an animal, it shall state the species of
the animal for which the controlled substance is prescribed.

Sec.
3719.064.
(A)
As used in this section:

(1)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(2)
"Prescriber" means any of the following:

(a)
An advanced practice registered nurse who holds a current, valid
license issued under Chapter 4723. of the Revised Code and is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner;

(b)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(c)
A physician
assistant

associate

who
is licensed under Chapter 4730. of the Revised Code, holds a valid
prescriber number issued by the state medical board, and has been
granted physician-delegated prescriptive authority;

(d)
A certified mental health assistant who is licensed under Chapter
4772. of the Revised Code and has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(3)
"Qualifying practitioner" has the same meaning as in
section 303(g)(2)(G)(iii) of the "Controlled Substances Act of
1970," 21 U.S.C. 823(g)(2)(G)(iii), as amended.

(B)
Before initiating medication-assisted treatment, a prescriber shall
give the patient or the patient's representative information about
all drugs approved by the United States food and drug administration
for use in medication-assisted treatment. The information must be
provided both orally and in writing. The prescriber or the
prescriber's delegate shall note in the patient's medical record when
this information was provided and make the record available to
employees of the board of nursing or state medical board on their
request.

If
the prescriber is not a qualifying practitioner and the patient's
choice is opioid treatment and the prescriber determines that such
treatment is clinically appropriate and meets generally accepted
standards of medicine, the prescriber shall refer the patient to an
opioid treatment program licensed under section 5119.37 of the
Revised Code or a qualifying practitioner. The prescriber or the
prescriber's delegate shall make a notation in the patient's medical
record naming the program or practitioner to whom the patient was
referred and specifying when the referral was made.

Sec.
3719.12.
As
used in this section, "prosecutor" has the same meaning as
in section 2935.01 of the Revised Code.

Unless
a report has been made pursuant to section 2929.42 of the Revised
Code, on the conviction of a manufacturer, wholesaler, outsourcing
facility, third-party logistics provider, repackager of dangerous
drugs, terminal distributor of dangerous drugs, pharmacist, pharmacy
intern, registered pharmacy technician, certified pharmacy
technician, pharmacy technician trainee, dentist, chiropractor,
physician, podiatrist, registered nurse, licensed practical nurse,
physician
assistant
associate
,
optometrist, or veterinarian of the violation of this chapter or
Chapter 2925. of the Revised Code, the prosecutor in the case
promptly shall report the conviction to the board that licensed,
certified, or registered the person to practice or to carry on
business. The responsible board shall provide forms to the
prosecutor. Within thirty days of the receipt of this information,
the board shall initiate action in accordance with Chapter 119. of
the Revised Code to determine whether to suspend or revoke the
person's license, certificate, or registration.

Sec.
3719.121.
(A)
Except as otherwise provided in section 4723.28, 4723.35, 4730.25,
4731.22, 4734.39, 4734.41, or 4772.20 of the Revised Code, the
license, certificate, or registration of any dentist, chiropractor,
physician, podiatrist, registered nurse, advanced practice registered
nurse, licensed practical nurse, physician
assistant
associate
,
pharmacist, pharmacy intern, pharmacy technician trainee, registered
pharmacy technician, certified pharmacy technician, optometrist,
veterinarian, or certified mental health assistant who is or becomes
addicted to the use of controlled substances shall be suspended by
the board that authorized the person's license, certificate, or
registration until the person offers satisfactory proof to the board
that the person no longer is addicted to the use of controlled
substances.

(B)
If the board under which a person has been issued a license,
certificate, or evidence of registration determines that there is
clear and convincing evidence that continuation of the person's
professional practice or method of administering, prescribing,
preparing, distributing, dispensing, or personally furnishing
controlled substances or other dangerous drugs presents a danger of
immediate and serious harm to others, the board may suspend the
person's license, certificate, or registration without a hearing.
Except as otherwise provided in sections 4715.30, 4723.281, 4729.16,
4730.25, 4731.22, 4734.36, and 4772.20 of the Revised Code, the board
shall follow the procedure for suspension without a prior hearing in
section 119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final
adjudication order becomes effective, except that if the board does
not issue its final adjudication order within ninety days after the
hearing, the suspension shall be void on the ninety-first day after
the hearing.

(C)
On receiving notification pursuant to section 2929.42 or 3719.12 of
the Revised Code, the board under which a person has been issued a
license, certificate, or evidence of registration immediately shall
suspend the license, certificate, or registration of that person on a
plea of guilty to, a finding by a jury or court of the person's guilt
of, or conviction of a felony drug abuse offense; a finding by a
court of the person's eligibility for intervention in lieu of
conviction; a plea of guilty to, or a finding by a jury or court of
the person's guilt of, or the person's conviction of an offense in
another jurisdiction that is essentially the same as a felony drug
abuse offense; or a finding by a court of the person's eligibility
for treatment or intervention in lieu of conviction in another
jurisdiction. The board shall notify the holder of the license,
certificate, or registration of the suspension, which shall remain in
effect until the board holds an adjudicatory hearing under Chapter
119. of the Revised Code.

Sec.
3719.81.
(A)
As used in this section, "sample drug" has the same meaning
as in section 2925.01 of the Revised Code.

(B)
A person may furnish another a sample drug, if all of the following
apply:

(1)
The sample drug is furnished free of charge by a manufacturer,
manufacturer's representative, or wholesale dealer in pharmaceuticals
to a licensed health professional authorized to prescribe drugs, or
is furnished free of charge by such a professional to a patient for
use as medication;

(2)
The sample drug is in the original container in which it was placed
by the manufacturer, and the container is plainly marked as a sample;

(3)
Prior to its being furnished, the sample drug has been stored under
the proper conditions to prevent its deterioration or contamination;

(4)
If the sample drug is of a type which deteriorates with time, the
sample container is plainly marked with the date beyond which the
sample drug is unsafe to use, and the date has not expired on the
sample furnished. Compliance with the labeling requirements of the
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance with
this section.

(5)
The sample drug is distributed, stored, or discarded in such a way
that the sample drug may not be acquired or used by any unauthorized
person, or by any person, including a child, for whom it may present
a health or safety hazard.

(C)
Division (B) of this section does not do any of the following:

(1)
Apply to or restrict the furnishing of any sample of a nonnarcotic
substance if the substance may, under the "Federal Food, Drug,
and Cosmetic Act" and under the laws of this state, otherwise be
lawfully sold over the counter without a prescription;

(2)
Authorize a licensed health professional authorized to prescribe
drugs who is a clinical nurse specialist, certified nurse-midwife,
certified nurse practitioner, optometrist, physician

assistant
associate
,
or certified mental health assistant to furnish a sample drug that is
not a drug the professional is authorized to prescribe.

(3)
Prohibit a licensed health professional authorized to prescribe
drugs, manufacturer of dangerous drugs, wholesale distributor of
dangerous drugs, or representative of a manufacturer of dangerous
drugs from furnishing a sample drug to a charitable pharmacy in
accordance with section 3719.811 of the Revised Code.

(4)
Prohibit a pharmacist working, whether or not for compensation, in a
charitable pharmacy from dispensing a sample drug to a person in
accordance with section 3719.811 of the Revised Code.

(D)
The state board of pharmacy shall, in accordance with Chapter 119. of
the Revised Code, adopt rules as necessary to give effect to this
section.

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

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

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

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

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

(C)
"Abuse" means any of the following:

(1)
Physical abuse;

(2)
Psychological abuse;

(3)
Sexual abuse.

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

(E)
"Exploitation" means taking advantage of a resident,
regardless of whether the action was for personal gain, whether the
resident knew of the action, or whether the resident was harmed.

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

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

(H)
"Physical abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a resident through either
of the following:

(1)
Physical contact with the resident;

(2)
The use of physical restraint, chemical restraint, medication that
does not constitute a chemical restraint, or isolation, if the
restraint, medication, or isolation is excessive, for punishment, for
staff convenience, a substitute for treatment, or in an amount that
precludes habilitation and treatment.

(I)
"Psychological abuse" means knowingly or recklessly causing
psychological harm to a resident, whether verbally or by action.

(J)
"Sexual abuse" means sexual conduct or sexual contact with
a resident, as those terms are defined in section 2907.01 of the
Revised Code.

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

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

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

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

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

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

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

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

(P)
"Licensed health professional" means all of the following:

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

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

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

(4)
A physician
assistant

associate

authorized
under Chapter 4730. of the Revised Code to practice as a physician

assistant
associate
;

(5)
A registered nurse licensed under Chapter 4723. of the Revised Code,
including an advanced practice registered nurse, or a licensed
practical nurse licensed under that chapter;

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec.
3727.06.
(A)
As used in this section:

(1)
"Doctor" means an individual authorized to practice
medicine and surgery or osteopathic medicine and surgery.

(2)
"Podiatrist" means an individual authorized to practice
podiatric medicine and surgery.

(B)(1)
Only the following may admit a patient to a hospital:

(a)
A doctor who is a member of the hospital's medical staff;

(b)
A dentist who is a member of the hospital's medical staff;

(c)
A podiatrist who is a member of the hospital's medical staff;

(d)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner if all of the following conditions are met:

(i)
The clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner has a standard care arrangement entered into
pursuant to section 4723.431 of the Revised Code with a collaborating
doctor or podiatrist who is a member of the medical staff;

(ii)
The patient will be under the medical supervision of the
collaborating doctor or podiatrist;

(iii)
The hospital has granted the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner admitting privileges
and appropriate credentials.

(e)
A physician
assistant

associate

if
all of the following conditions are met:

(i)
The physician
assistant

associate

is
listed on a supervision agreement entered into under section 4730.19
of the Revised Code for a doctor or podiatrist who is a member of the
hospital's medical staff.

(ii)
The patient will be under the medical supervision of the supervising
doctor or podiatrist.

(iii)
The hospital has granted the physician
assistant

associate

admitting
privileges and appropriate credentials.

(2)
Prior to admitting a patient, a clinical nurse specialist, certified
nurse-midwife, certified nurse practitioner, or physician
assistant

associate

shall
notify the collaborating or supervising doctor or podiatrist of the
planned admission.

(C)
All hospital patients shall be under the medical supervision of a
doctor, except that services that may be rendered by a licensed
dentist pursuant to Chapter 4715. of the Revised Code provided to
patients admitted solely for the purpose of receiving such services
shall be under the supervision of the admitting dentist and that
services that may be rendered by a podiatrist pursuant to section
4731.51 of the Revised Code provided to patients admitted solely for
the purpose of receiving such services shall be under the supervision
of the admitting podiatrist. If treatment not within the scope of
Chapter 4715. or section 4731.51 of the Revised Code is required at
the time of admission by a dentist or podiatrist, or becomes
necessary during the course of hospital treatment by a dentist or
podiatrist, such treatment shall be under the supervision of a doctor
who is a member of the medical staff. It shall be the responsibility
of the admitting dentist or podiatrist to make arrangements with a
doctor who is a member of the medical staff to be responsible for the
patient's treatment outside the scope of Chapter 4715. or section
4731.51 of the Revised Code when necessary during the patient's stay
in the hospital.

Sec.
3728.01.
As
used in this chapter:

(A)
"Administer epinephrine" means to inject an individual with
epinephrine using an autoinjector in a manufactured dosage form.

(B)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code and also includes a sheriff.

(C)
"Prescriber" means an individual who is authorized by law
to prescribe drugs or dangerous drugs or drug therapy related devices
in the course of the individual's professional practice, including
only the following:

(1)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(3)
A physician
assistant

associate

who
is licensed under Chapter 4730. of the Revised Code, holds a valid
prescriber number issued by the state medical board, and has been
granted physician-delegated prescriptive authority.

(D)
"Qualified entity" means either of the following:

(1)
Any public or private entity that is associated with a location where
allergens capable of causing anaphylaxis may be present, including
child care centers, colleges and universities, places of employment,
restaurants, amusement parks, recreation camps, sports playing fields
and arenas, and other similar locations, except that "qualified
entity" does not include either of the following:

(a)
A chartered or nonchartered nonpublic school; community school;
science, technology, engineering, and mathematics school;
college-preparatory boarding school; or a school operated by the
board of education of a city, local, exempted village, or joint
vocational school district, as those entities are otherwise
authorized to procure epinephrine autoinjectors pursuant to sections
3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the Revised
Code;

(b)
A camp described in section 5101.76 of the Revised Code that is
authorized to procure epinephrine autoinjectors pursuant to that
section;

(2)
Either of the following served by a peace officer: a law enforcement
agency or other entity described in division (A) of section 109.71 of
the Revised Code.

Sec.
3792.05.
(A)
As used in this section and section 3792.06 of the Revised Code:

(1)
"Advocate" means an individual who advocates on behalf of a
congregate care setting patient or resident. An advocate may include
but is not limited to any of the following:

(a)
The patient's or resident's spouse, family member, companion, or
guardian;

(b)
In the case of a minor patient or resident, the minor's residential
parent and legal custodian or the minor's guardian;

(c)
An individual designated as an attorney in fact for the patient or
resident under a durable power of attorney for health care as
described in section 1337.12 of the Revised Code;

(d)
An individual appointed by a court to act as the patient's or
resident's guardian.

(2)
"Congregate care setting" includes all of the following:

(a)
A county home or district home operated under Chapter 5155. of the
Revised Code;

(b)
A health care facility, as defined in section 3702.30 of the Revised
Code;

(c)
A hospice care program or pediatric respite care program, each as
defined in section 3712.01 of the Revised Code, but only when
providing care and services other than in a home;

(d)
A hospital, as defined in section 3722.01 of the Revised Code;

(e)
A hospital, as defined in section 5119.01 of the Revised Code;

(f)
A nursing home, residential care facility, or home for the aging,
each as defined in section 3721.01 of the Revised Code;

(g)
A residential facility, as defined in section 5123.19 of the Revised
Code;

(h)
A veterans' home operated under Chapter 5907. of the Revised Code.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(4)
"Political subdivision" means a county, township, municipal
corporation, school district, or other body corporate and politic
responsible for governmental activities in a geographic area smaller
than that of the state. "Political subdivision" also
includes a board of health of a city or general health district.

(5)
"Practitioner" includes all of the following:

(a)
A certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner, each as defined in section 4723.01 of the Revised
Code;

(b)
A physician;

(c)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code;

(d)
A psychologist, as defined in section 4732.01 of the Revised Code.

(6)
"Public official" means any officer, employee, or duly
authorized representative or agent of a political subdivision or
state agency.

(7)
"State agency" means every organized body, office, agency,
institution, or other entity established by the laws of the state for
the exercise of any function of state government. "State agency"
does not include a court.

(B)(1)
At the time of a patient's or resident's admission to a congregate
care setting or at first opportunity after admission, the congregate
care setting shall do both of the following:

(a)
Inform the patient or resident that the patient or resident may
designate an individual to serve as the patient's or resident's
advocate;

(b)
Except as provided in division (B)(2) of this section, provide the
patient or resident the opportunity to make such a designation.

(2)
In the case of an individual described in division (A)(1)(b), (c), or
(d) of this section, the congregate care setting shall consider the
individual to be a patient's or resident's advocate without the
patient or resident having to make such a designation.

(3)
An individual described in division (A)(1) of this section is
ineligible to act as a patient's or resident's advocate if any of the
following is the case:

(a)
There has been an adjudicated finding that the individual abused the
patient or resident.

(b)
The congregate care setting has determined that the individual poses
a serious risk to the patient's or resident's physical health.

(c)
The individual is excluded from visiting or communicating with the
patient or resident as described in division (F)(2)(i) of Rule 66.09
of the Rules of Superintendence for the Courts of Ohio.

(4)
At any time, a patient or resident may revoke an individual's
designation as an advocate by communicating the revocation to a
congregate care setting staff member. After revocation, a patient or
resident may designate another individual to serve as the patient's
or resident's advocate.

(5)
Division (B)(1) of this section does not require a congregate care
setting to employ, or contract with, an individual to serve as an
advocate for the care setting's patients or residents.

(C)
After an advocate has been designated, the advocate shall not do
either of the following:

(1)
Physically interfere with, delay, or obstruct the provision of any
health care to which any of the following has consented: the patient
or resident; in the case of a minor patient or resident, the minor's
residential parent and legal custodian or the minor's guardian; the
patient's or resident's attorney in fact under a durable power of
attorney for health care; or the patient's or resident's
court-appointed guardian;

(2)
Engage in conduct prohibited under Title XXIX of the Revised Code,
including as described in sections 2903.13, 2903.22, and 2917.22 of
the Revised Code, against a staff member or licensed health care
practitioner who is employed by, or under contract with, the
congregate care setting.

(D)
After an advocate has been designated, all of the following apply to
the congregate care setting:

(1)
The congregate care setting shall request from the patient or
resident consent to the disclosure of the patient's or resident's
medical information to the advocate, except that, when applicable,
the care setting instead shall request such consent from one of the
following individuals: the patient's or resident's attorney in fact
under a durable power of attorney; the patient's or resident's
court-appointed guardian; or, in the case of a minor patient or
resident, the minor's residential parent and legal custodian or the
minor's guardian.

Both
the request and disclosure shall be made in accordance with the care
setting's policies and state and federal law. If consent to the
disclosure is refused, the care setting shall not disclose the
patient's or resident's medical information to the advocate.

(2)(a)
Except as provided in division (D)(2)(b) of this section, the
congregate care setting shall neither deny the patient or resident
access to the advocate nor prohibit the patient's or resident's
advocate from being physically present with the patient or resident
in the care setting during either of the following:

(i)
Any public health emergency;

(ii)
The period in which an order or rule issued under division (C) of
section 3701.13 of the Revised Code or section 3701.14, 3709.20, or
3709.21 of the Revised Code remains in effect.

At
all other times, and except as provided in division (D)(2)(b) of this
section, the care setting shall make every reasonable effort to allow
the patient's or resident's advocate to be physically present with
the patient or resident in the care setting.

(b)
Division (D)(2)(a) of this section does not apply if any of the
following is the case:

(i)
The patient or resident requests that the advocate not be present.

(ii)
The advocate has violated either or both of the prohibitions
described in division (C) of this section.

(iii)
The patient or resident is participating in a group therapy session.

(iv)
For the purpose of identifying possible abuse or neglect of a patient
or resident, the care setting separates, in a manner consistent with
standard operating procedures, the advocate from the patient or
resident. The separation shall be temporary and last no longer than
is necessary to identify abuse or neglect.

(c)
For purposes of division (D)(2)(a) of this section, patient or
resident access to an advocate includes access on-site at the care
setting itself and off-site through a means of telecommunication
provided to the patient or resident. Off-site access through a means
of telecommunication shall be provided at no cost to the patient or
resident.

(3)
If the advocate violates either or both of the prohibitions described
in division (C) of this section, the advocate shall be ineligible to
serve as the patient's or resident's advocate, the individual's
designation as an advocate shall become void, and the congregate care
setting shall no longer consider that individual to be the patient's
or resident's advocate. As soon as practicable, the care setting
shall provide the patient or resident with an opportunity to
designate another individual to serve as the patient's or resident's
advocate.

(E)(1)
With respect to a congregate care setting that is a hospital or
health care facility, division (D)(2)(a) of this section does not
change or countermand any hospital or facility policy relating to the
isolation of a patient during an invasive procedure, in particular, a
policy under which the health care practitioner performing or
overseeing such a procedure may determine that a sterile environment
is required during the procedure in order to protect patient safety.

(2)
When a patient or resident of a congregate care setting has a highly
infectious disease requiring special isolation precautions, division
(D)(2)(a) of this section does not prevent the care setting from
establishing, in order to minimize the disease's spread, a reasonable
protocol governing the use of personal protective equipment in the
care setting. The protocol's requirements must not be more
restrictive for advocates than for care setting staff.

Under
the protocol, an advocate is exempt from using personal protective
equipment while in the care setting if the advocate presents to the
care setting a practitioner's note documenting that such use
conflicts with, or is not required because of, the advocate's own
physical or mental health condition.

(3)
In the event an infectious disease outbreak is serious enough to
require the staff of a congregate care setting that is a hospital or
health care facility to quarantine, then a patient's advocate shall
be allowed to quarantine with the patient at the hospital or
facility. The length of quarantine and quarantine requirements must
not be more restrictive for advocates than for hospital or facility
staff.

(F)(1)
A congregate care setting shall be immune from administrative and
civil liability if a patient's or resident's advocate contracts, as a
result of serving as the advocate, an infectious disease other than a
foodborne disease.

(2)
Division (F)(1) of this section does not grant a congregate care
setting that is a hospital or health care facility immunity from a
claim of negligence or medical malpractice for any care provided to
the advocate should the advocate seek treatment at the hospital or
facility for the infectious disease described in division (F)(1) of
this section.

(G)
A political subdivision, public official, or state agency shall not
issue any order or rule that would require a congregate care setting
to violate this section.

(H)
Either of the following individuals may petition a court of common
pleas for injunctive relief restraining a violation or threatened
violation of this section:

(1)
A patient or resident;

(2)
A patient's or resident's advocate, but only if the advocate is one
of the following: the patient's or resident's immediate family
member, spouse, or guardian; in the case of a minor patient or
resident, the minor's residential parent and legal custodian or the
minor's guardian; or the patient's or resident's attorney in fact
under a durable power of attorney for health care.

If
the individual prevails, the court shall award the individual court
costs associated with petitioning the court for injunctive relief.

(I)
Nothing in this section shall be construed to change, interfere with,
or restrict any of the rights and duties described in sections
1337.11 to 1337.17 of the Revised Code.

Sec.
3795.01.
As
used in sections 3795.01, 3795.02, and 3795.03 of the Revised Code:

(A)
"Assist suicide" or "assisting suicide" means
knowingly doing either of the following, with the purpose of helping
another person to commit or attempt suicide:

(1)
Providing the physical means by which the person commits or attempts
to commit suicide;

(2)
Participating in a physical act by which the person commits or
attempts to commit suicide.

(B)
"Certified nurse practitioner," "certified
nurse-midwife," and "clinical nurse specialist" have
the same meanings as in section 4723.01 of the Revised Code.

(C)
"CPR" has the same meaning as in section 2133.21 of the
Revised Code.

(D)
"Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or treat a person's physical or
mental condition.

(E)
"Health care decision" means informed consent, refusal to
give informed consent, or withdrawal of informed consent to health
care.

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

(1)
A hospital;

(2)
A hospice care program or pediatric respite care program as defined
in section 3712.01 of the Revised Code;

(3)
A nursing home;

(4)
A home health agency;

(5)
An intermediate care facility for individuals with intellectual
disabilities.

(G)
"Health care personnel" means physicians, nurses, physician

assistants
associates
,
emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic,
medical technicians, dietitians, other authorized persons acting
under the direction of an attending physician, and administrators of
health care facilities.

(H)
"Physician" means a person who is authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

Sec.
3919.29.
No
corporation, company, or association organized under section 3919.01
of the Revised Code shall issue a certificate or policy to any
person, until such person has first been subjected to a thorough
medical examination by a physician, a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife and found to be a good risk, nor shall it
issue a certificate or policy to any person above the age of
sixty-five years or under the age of fifteen years. Any written
documentation of the physical examination shall be completed by the
individual who conducted the examination.

This
section, in respect to the age and medical examination of persons to
whom certificates or policies may issue, does not apply to such
corporations, companies, or associations doing purely accident
business.

Sec.
3963.01.
As
used in this chapter:

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

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

(C)
"Covered vision services" means vision care services or
vision care materials for which a reimbursement is available under an
enrollee's health care contract, or for which a reimbursement would
be available but for the application of contractual limitations, such
as a deductible, copayment, coinsurance, waiting period, annual or
lifetime maximum, frequency limitation, alternative benefit payment,
or any other limitation.

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

(E)
"Covered dental services" means dental care services for
which reimbursement is available under an enrollee's health care
contract, or for which a reimbursement would be available but for the
application of contractual limitations, such as a deductible,
copayment, coinsurance, waiting period, annual or lifetime maximum,
frequency limitation, alternative benefit payment, or any other
limitation.

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

(G)
"Dental care provider" means a dentist licensed under
Chapter 4715. of the Revised Code. "Dental care provider"
does not include a dental hygienist licensed under Chapter 4715. of
the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

(L)
"Health care services" means basic health care services,
specialty health care services, and supplemental health care
services.

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)
A preferred provider organization;

(3)
Medicare;

(4)
Medicaid;

(5)
Workers' compensation.

(S)
"Provider" means a physician, podiatrist, dentist,
chiropractor, optometrist, psychologist, physician

assistant
associate
,
advanced practice registered nurse, occupational therapist, massage
therapist, physical therapist, licensed professional counselor,
licensed professional clinical counselor, hearing aid dealer,
orthotist, prosthetist, home health agency, hospice care program,
pediatric respite care program, or hospital, or a provider
organization or physician-hospital organization that is acting
exclusively as an administrator on behalf of a provider to facilitate
the provider's participation in health care contracts.

"Provider"
does not mean either of the following:

(1)
A nursing home;

(2)
A provider organization or physician-hospital organization that
leases the provider organization's or physician-hospital
organization's network to a third party or contracts directly with
employers or health and welfare funds.

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

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

(V)
"Vision care materials" includes lenses, devices containing
lenses, prisms, lens treatments and coatings, contact lenses,
orthopics, vision training, and any prosthetic device necessary to
correct, relieve, or treat any defect or abnormal condition of the
human eye or its adnexa.

(W)
"Vision care provider" means either of the following:

(1)
An optometrist licensed under Chapter 4725. of the Revised Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery.

Sec.
4503.44.
(A)
As used in this section and in section 4511.69 of the Revised Code:

(1)
"Person with a disability that limits or impairs the ability to
walk" means any person who, as determined by a health care
provider, meets any of the following criteria:

(a)
Cannot walk two hundred feet without stopping to rest;

(b)
Cannot walk without the use of, or assistance from, a brace, cane,
crutch, another person, prosthetic device, wheelchair, or other
assistive device;

(c)
Is restricted by a lung disease to such an extent that the person's
forced (respiratory) expiratory volume for one second, when measured
by spirometry, is less than one liter, or the arterial oxygen tension
is less than sixty millimeters of mercury on room air at rest;

(d)
Uses portable oxygen;

(e)
Has a cardiac condition to the extent that the person's functional
limitations are classified in severity as class III or class IV
according to standards set by the American heart association;

(f)
Is severely limited in the ability to walk due to an arthritic,
neurological, or orthopedic condition;

(g)
Is blind, legally blind, or severely visually impaired.

(2)
"Organization" means any private organization or
corporation, or any governmental board, agency, department, division,
or office, that, as part of its business or program, transports
persons with disabilities that limit or impair the ability to walk on
a regular basis in a motor vehicle that has not been altered for the
purpose of providing it with accessible equipment for use by persons
with disabilities. This definition does not apply to division (I) of
this section.

(3)
"Health care provider" means a physician, physician

assistant
associate
,
advanced practice registered nurse, optometrist, or chiropractor as
defined in this section except that an optometrist shall only make
determinations as to division (A)(1)(g) of this section.

(4)
"Physician" means a person licensed to practice medicine or
surgery or osteopathic medicine and surgery under Chapter 4731. of
the Revised Code.

(5)
"Chiropractor" means a person licensed to practice
chiropractic under Chapter 4734. of the Revised Code.

(6)
"Advanced practice registered nurse" means a certified
nurse practitioner, clinical nurse specialist, certified registered
nurse anesthetist, or certified nurse-midwife who holds a certificate
of authority issued by the board of nursing under Chapter 4723. of
the Revised Code.

(7)
"Physician
assistant
associate
"
means a person who is licensed as a physician
assistant

associate

under
Chapter 4730. of the Revised Code.

(8)
"Optometrist" means a person licensed to engage in the
practice of optometry under Chapter 4725. of the Revised Code.

(9)
"Removable windshield placard" includes a standard
removable windshield placard, a temporary removable windshield
placard, or a permanent removable windshield placard, unless
otherwise specified.

(B)(1)
An organization, or a person with a disability that limits or impairs
the ability to walk, may apply for the registration of any motor
vehicle the organization or person owns or leases. When an adaptive
mobility vehicle is owned or leased by someone other than a person
with a disability that limits or impairs the ability to walk, the
owner or lessee may apply to the registrar of motor vehicles or a
deputy registrar for registration under this section. The application
for registration of a motor vehicle owned or leased by a person with
a disability that limits or impairs the ability to walk shall be
accompanied by a signed statement from the applicant's health care
provider certifying that the applicant meets at least one of the
criteria contained in division (A)(1) of this section and that the
disability is expected to continue for more than six consecutive
months. The application for registration of an adaptive mobility
vehicle that is owned by someone other than a person with a
disability that limits or impairs the ability to walk shall be
accompanied by such documentary evidence of vehicle specifications or
alterations as the registrar may require by rule.

(2)
When an organization, a person with a disability that limits or
impairs the ability to walk, or a person who does not have a
disability that limits or impairs the ability to walk but owns a
motor vehicle that has been altered for the purpose of providing it
with accessible equipment for a person with a disability that limits
or impairs the ability to walk first submits an application for
registration of a motor vehicle under this section and every fifth
year thereafter, the organization or person shall submit a signed
statement from the applicant's health care provider, a completed
application, and any required documentary evidence of vehicle
specifications or alterations as provided in division (B)(1) of this
section, and also a power of attorney from the owner of the motor
vehicle if the applicant leases the vehicle. Upon submission of these
items, the registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and
validation stickers, or validation stickers alone when required by
section 4503.191 of the Revised Code. In addition to the letters and
numbers ordinarily inscribed thereon, the license plates shall be
imprinted with the international symbol of access. The license plates
and validation stickers shall be issued upon payment of the regular
license fee as prescribed under section 4503.04 of the Revised Code
and any motor vehicle tax levied under Chapter 4504. of the Revised
Code, and the payment of a service fee equal to the amount
established under section 4503.038 of the Revised Code.

(C)(1)
A person with a disability that limits or impairs the ability to walk
may apply to the registrar for a removable windshield placard by
completing and signing an application provided by the registrar.

(2)
The person shall include with the application a prescription from the
person's health care provider prescribing such a placard for the
person based upon a determination that the person meets at least one
of the criteria contained in division (A)(1) of this section. The
health care provider shall state on the prescription the length of
time the health care provider expects the applicant to have the
disability that limits or impairs the person's ability to walk. If
the length of time the applicant is expected to have the disability
is six consecutive months or less, the applicant shall submit an
application for a temporary removable windshield placard. If the
length of time the applicant is expected to have the disability is
permanent, the applicant shall submit an application for a permanent
removable windshield placard. All other applicants shall submit an
application for a standard removable windshield placard.

(3)
In addition to one placard or one or more sets of license plates, a
person with a disability that limits or impairs the ability to walk
is entitled to one additional placard, but only if the person applies
separately for the additional placard, states the reasons why the
additional placard is needed, and the registrar, in the registrar's
discretion determines that good and justifiable cause exists to
approve the request for the additional placard.

(4)
An organization may apply to the registrar of motor vehicles for a
standard removable windshield placard by completing and signing an
application provided by the registrar. The organization shall comply
with any procedures the registrar establishes by rule. The
organization shall include with the application documentary evidence
that the registrar requires by rule showing that the organization
regularly transports persons with disabilities that limit or impair
the ability to walk.

(5)
The registrar or deputy registrar shall issue to an applicant a
standard removable windshield placard, a temporary removable
windshield placard, or a permanent removable windshield placard, as
applicable, upon receipt of all of the following:

(a)
A completed and signed application for a removable windshield
placard;

(b)
The accompanying documents required under division (C)(2) or (4) of
this section;

(c)
Payment of a service fee equal to the amount established under
section 4503.038 of the Revised Code for a standard removable
windshield placard or a temporary removable windshield placard, or
payment of fifteen dollars for a permanent removable windshield
placard.

(6)
The removable windshield placard shall display the date of expiration
on both sides of the placard, or the word "permanent" if
the placard is a permanent removable windshield placard, and shall be
valid until expired, revoked, or surrendered. Except for a permanent
removable windshield placard, which has no expiration, a removable
windshield placard expires on the earliest of the following two
dates:

(a)
The date that the person issued the placard is expected to no longer
have the disability that limits or impairs the ability to walk, as
indicated on the prescription submitted with the application for the
placard;

(b)
Ten years after the date of issuance on the placard.

In
no case shall a removable windshield placard be valid for a period of
less than sixty days.

(7)
Standard removable windshield placards shall be renewable upon
application and upon payment of a service fee equal to the amount
established under section 4503.038 of the Revised Code. The registrar
shall provide the application form and shall determine the
information to be included thereon.

(8)
The registrar shall determine the form and size of each type of the
removable windshield placard, the material of which it is to be made,
any differences in color between each type of placard to make them
readily identifiable, and any other information to be included
thereon, and shall adopt rules relating to the issuance, expiration,
revocation, surrender, and proper display of such placards. A
temporary removable windshield placard shall display the word
"temporary" in letters of such size as the registrar shall
prescribe. Any placard issued after October 14, 1999, shall be
manufactured in a manner that allows the expiration date of the
placard to be indicated on it through the punching, drilling, boring,
or creation by any other means of holes in the placard.

(9)
At the time a removable windshield placard is issued to a person with
a disability that limits or impairs the ability to walk, the
registrar or deputy registrar shall enter into the records of the
bureau of motor vehicles the last date on which the person will have
that disability, as indicated on the accompanying prescription. For a
standard removable windshield placard, not less than thirty days
prior to that date and any renewal dates, the bureau shall send a
renewal notice to that person at the person's last known address as
shown in the records of the bureau, informing the person that the
person's removable windshield placard will expire on the indicated
date, and that the person is required to renew the placard by
submitting to the registrar or a deputy registrar another
prescription, and by complying with the renewal provisions. If such a
prescription is not received by the registrar or a deputy registrar
by that date, the placard issued to that person expires and no longer
is valid, and this fact shall be recorded in the records of the
bureau.

(10)
At least once every year, on a date determined by the registrar, the
bureau shall examine the records of the office of vital statistics,
located within the department of health, that pertain to deceased
persons, and also the bureau's records of all persons who have been
issued removable windshield placards. If the records of the office of
vital statistics indicate that a person to whom a removable
windshield placard has been issued is deceased, the bureau shall
cancel that placard, and note the cancellation in its records.

The
office of vital statistics shall make available to the bureau all
information necessary to enable the bureau to comply with division
(C)(10) of this section.

(11)
Nothing in this section shall be construed to require a person or
organization to apply for a removable windshield placard or
accessible license plates if the accessible license plates issued to
the person or organization under prior law have not expired or been
surrendered or revoked.

(D)
Any active-duty member of the armed forces of the United States,
including the reserve components of the armed forces and the national
guard, who has an illness or injury that limits or impairs the
ability to walk may apply to the registrar or a deputy registrar for
a temporary removable windshield placard. With the application, the
person shall present evidence of the person's active-duty status and
the illness or injury. Evidence of the illness or injury may include
a current department of defense convalescent leave statement, any
department of defense document indicating that the person currently
has an ill or injured casualty status or has limited duties, or a
prescription from any health care provider prescribing the placard
for the applicant. Upon receipt of the application and the necessary
evidence, the registrar or deputy registrar shall issue the applicant
the temporary removable windshield placard without the payment of any
service fee.

(E)
If an applicant for a removable windshield placard is a veteran of
the armed forces of the United States whose disability, as defined in
division (A)(1) of this section, is service-connected, the registrar
or deputy registrar, upon receipt of the application, presentation of
a signed statement from the applicant's health care provider
certifying the applicant's disability, and presentation of such
documentary evidence from the department of veterans affairs that the
disability of the applicant meets at least one of the criteria
identified in division (A)(1) of this section and is
service-connected as the registrar may require by rule, but without
the payment of any service fee, shall issue the applicant a removable
windshield placard that is valid until expired, surrendered, or
revoked.

(F)(1)
Upon a conviction of a violation of division (H) or (I) of this
section, the court shall report the conviction, and send the placard,
if available, to the registrar, who thereupon shall revoke the
privilege of using the placard and send notice in writing to the
placardholder at that holder's last known address as shown in the
records of the bureau, and the placardholder shall return the placard
if not previously surrendered to the court, to the registrar within
ten days following mailing of the notice.

(2)
Whenever a person to whom a removable windshield placard has been
issued moves to another state, the person shall surrender the placard
to the registrar; and whenever an organization to which a placard has
been issued changes its place of operation to another state, the
organization shall surrender the placard to the registrar.

(3)
If a person no longer requires a permanent removable windshield
placard, the person shall notify and surrender the placard to the
registrar or deputy registrar within ten days of no longer requiring
the placard. The person may still apply for a standard removable
windshield placard or temporary removable windshield placard, if
applicable.

(G)
Subject to division (F) of section 4511.69 of the Revised Code, the
operator of a motor vehicle displaying a removable windshield placard
or the accessible license plates authorized by this section is
entitled to park the motor vehicle in any accessible parking location
reserved for persons with disabilities that limit or impair the
ability to walk.

(H)
No person or organization that is not eligible for the issuance of
license plates or any placard under this section shall willfully and
falsely represent that the person or organization is so eligible.

No
person or organization shall display license plates issued under this
section unless the license plates have been issued for the vehicle on
which they are displayed and are valid.

(I)
No person or organization to which a removable windshield placard is
issued shall do either of the following:

(1)
Display or permit the display of the placard on any motor vehicle
when having reasonable cause to believe the motor vehicle is being
used in connection with an activity that does not include providing
transportation for persons with disabilities that limit or impair the
ability to walk;

(2)
Refuse to return or surrender the placard, when required.

(J)
If a removable windshield placard or parking card is lost, destroyed,
or mutilated, the placardholder or cardholder may obtain a duplicate
by doing both of the following:

(1)
Furnishing suitable proof of the loss, destruction, or mutilation to
the registrar;

(2)
Paying a service fee equal to the amount paid when the placardholder
obtained the original placard.

Any
placardholder who loses a placard and, after obtaining a duplicate,
finds the original, immediately shall surrender the original placard
to the registrar.

(K)(1)
The registrar shall pay all fees received under this section for the
issuance of removable windshield placards or duplicate removable
windshield placards into the state treasury to the credit of the
public safety - highway purposes fund created in section 4501.06 of
the Revised Code.

(2)
In addition to the fees collected under this section, the registrar
or deputy registrar shall ask each person applying for a removable
windshield placard or duplicate removable windshield placard or
license plate issued under this section, whether the person wishes to
make a two-dollar voluntary contribution to support rehabilitation
employment services. The registrar shall transmit the contributions
received under this division to the treasurer of state for deposit
into the rehabilitation employment fund, which is hereby created in
the state treasury. A deputy registrar shall transmit the
contributions received under this division to the registrar in the
time and manner prescribed by the registrar. The contributions in the
fund shall be used by the opportunities for Ohioans with disabilities
agency to purchase services related to vocational evaluation, work
adjustment, personal adjustment, job placement, job coaching, and
community-based assessment from accredited community rehabilitation
program facilities.

(L)
For purposes of enforcing this section, every peace officer is deemed
to be an agent of the registrar. Any peace officer or any authorized
employee of the bureau of motor vehicles who, in the performance of
duties authorized by law, becomes aware of a person whose removable
windshield placard or parking card has been revoked pursuant to this
section, may confiscate that placard or parking card and return it to
the registrar. The registrar shall prescribe any forms used by law
enforcement agencies in administering this section.

No
peace officer, law enforcement agency employing a peace officer, or
political subdivision or governmental agency employing a peace
officer, and no employee of the bureau is liable in a civil action
for damages or loss to persons arising out of the performance of any
duty required or authorized by this section. As used in this
division, "peace officer" has the same meaning as in
division (B) of section 2935.01 of the Revised Code.

(M)
All applications for registration of motor vehicles and removable
windshield placards issued under this section, all renewal notices
for such items, and all other publications issued by the bureau that
relate to this section shall set forth the criminal penalties that
may be imposed upon a person who violates any provision relating to
accessible license plates issued under this section, the parking of
vehicles displaying such license plates, and the issuance,
procurement, use, and display of removable windshield placards issued
under this section.

(N)
Whoever violates this section is guilty of a misdemeanor of the
fourth degree.

Sec.
4507.20.
The
registrar of motor vehicles, when the registrar has good cause to
believe that the holder of a driver's or commercial driver's license
is incompetent or otherwise not qualified to be licensed, shall send
a written notice to the licensee's last known address, requiring the
licensee to submit to a driver's license examination, a physical
examination, or both, or a commercial driver's license examination
within the time indicated on the notice. The physical examination may
be conducted by any individual authorized by the Revised Code to do
so, including a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.

Upon
the conclusion of the examination, the registrar may suspend the
license of the person, may permit the licensee to retain the license,
or may issue the licensee a restricted license. Refusal or neglect of
the licensee to submit to the examination is ground for suspension of
the licensee's license.

A
physician licensed under Chapter 4731. of the Revised Code may submit
a report to the registrar stating that in the physician's
professional opinion the holder of a driver's or commercial driver's
license may be incompetent or otherwise not qualified to operate
safely a motor vehicle due to medical reasons. Any such report
submitted to the registrar is confidential, is not a public record,
and is not subject to disclosure under section 149.43 of the Revised
Code.

Sec.
4715.30.
(A)
Except as provided in division (K) of this section, an applicant for
or holder of a certificate or license issued under this chapter is
subject to disciplinary action by the state dental board for any of
the following reasons:

(1)
Employing or cooperating in fraud or material deception in applying
for or obtaining a license or certificate;

(2)
Obtaining or attempting to obtain money or anything of value by
intentional misrepresentation or material deception in the course of
practice;

(3)
Advertising services in a false or misleading manner or violating the
board's rules governing time, place, and manner of advertising;

(4)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(5)
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;

(6)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for intervention in lieu of
conviction for, any felony or of a misdemeanor committed in the
course of practice;

(7)
Engaging in lewd or immoral conduct in connection with the provision
of dental services;

(8)
Selling, prescribing, giving away, or administering drugs for other
than legal and legitimate therapeutic purposes, or conviction of, a
plea of guilty to, a judicial finding of guilt of, a judicial finding
of guilt resulting from a plea of no contest to, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;

(9)
Providing or allowing dental hygienists, expanded function dental
auxiliaries, or other practitioners of auxiliary dental occupations
working under the certificate or license holder's supervision, or a
dentist holding a temporary limited continuing education license
under division (C) of section 4715.16 of the Revised Code working
under the certificate or license holder's direct supervision, to
provide dental care that departs from or fails to conform to accepted
standards for the profession, whether or not injury to a patient
results;

(10)
Inability to practice under accepted standards of the profession
because of physical or mental disability, dependence on alcohol or
other drugs, or excessive use of alcohol or other drugs;

(11)
Violation of any provision of this chapter or any rule adopted
thereunder;

(12)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4715.03 of the Revised Code;

(13)
Except as provided in division (H) of this section, either of the
following:

(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 dental services, would otherwise 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
certificate or license holder;

(b)
Advertising that the certificate or license holder 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 dental services, would otherwise be
required to pay.

(14)
Failure to comply with section 4715.302 or 4729.79 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;

(15)
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;

(16)
Failure to cooperate in an investigation conducted by the board under
division (D) of section 4715.03 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board 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;

(17)
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;

(18)
Failure to comply with the requirements of sections 4715.71 and
4715.72 of the Revised Code regarding the operation of a mobile
dental facility;

(19)
A pattern of continuous or repeated violations of division (F)(2) of
section 3963.02 of the Revised Code.

(B)
A manager, proprietor, operator, or conductor of a dental facility
shall be subject to disciplinary action if any dentist, dental
hygienist, expanded function dental auxiliary, or qualified personnel
providing services in the facility is found to have committed a
violation listed in division (A) of this section and the manager,
proprietor, operator, or conductor knew of the violation and
permitted it to occur on a recurring basis.

(C)
Subject to Chapter 119. of the Revised Code, the board may take one
or more of the following disciplinary actions if one or more of the
grounds for discipline listed in divisions (A) and (B) of this
section exist:

(1)
Censure the license or certificate holder;

(2)
Place the license or certificate on probationary status for such
period of time the board determines necessary and require the holder
to:

(a)
Report regularly to the board upon the matters which are the basis of
probation;

(b)
Limit practice to those areas specified by the board;

(c)
Continue or renew professional education until a satisfactory degree
of knowledge or clinical competency has been attained in specified
areas.

(3)
Suspend the certificate or license;

(4)
Revoke the certificate or license.

Where
the board places a holder of a license or certificate on probationary
status pursuant to division (C)(2) of this section, the board may
subsequently suspend or revoke the license or certificate if it
determines that the holder has not met the requirements of the
probation or continues to engage in activities that constitute
grounds for discipline pursuant to division (A) or (B) of this
section.

Any
order suspending a license or certificate shall state the conditions
under which the license or certificate will be restored, which may
include a conditional restoration during which time the holder is in
a probationary status pursuant to division (C)(2) of this section.
The board shall restore the license or certificate unconditionally
when such conditions are met.

(D)
If the physical or mental condition of an applicant or a license or
certificate holder is at issue in a disciplinary proceeding, the
board may order the license or certificate holder to submit to
reasonable examinations by an individual designated or approved by
the board and at the board's expense. The physical examination may be
conducted by any individual authorized by the Revised Code to do so,
including a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.

Failure
to comply with an order for an examination shall be grounds for
refusal of a license or certificate or summary suspension of a
license or certificate under division (E) of this section.

(E)
If a license or certificate holder has failed to comply with an order
under division (D) of this section, the board may apply to the court
of common pleas of the county in which the holder resides for an
order temporarily suspending the holder's license or certificate,
without a prior hearing being afforded by the board, until the board
conducts an adjudication hearing pursuant to Chapter 119. of the
Revised Code. If the court temporarily suspends a holder's license or
certificate, the board shall give written notice of the suspension
personally or by certified mail to the license or certificate holder.
Such notice shall inform the license or certificate holder of the
right to a hearing pursuant to Chapter 119. of the Revised Code.

(F)
Any holder of a certificate or license issued under this chapter who
has pleaded guilty to, has been convicted of, or has had a judicial
finding of eligibility for intervention in lieu of conviction entered
against the holder in this state for aggravated murder, murder,
voluntary manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary, or who has pleaded guilty to, has
been convicted of, or has had a judicial finding of eligibility for
treatment or intervention in lieu of conviction entered against the
holder in another jurisdiction for any substantially equivalent
criminal offense, is automatically suspended from practice under this
chapter in this state and any certificate or license issued to the
holder under this chapter is automatically suspended, as of the date
of the guilty plea, conviction, or judicial finding, whether the
proceedings are brought in this state or another jurisdiction.
Continued practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing without a certificate or license. The board
shall notify the suspended individual of the suspension of the
individual's certificate or license under this division in accordance
with sections 119.05 and 119.07 of the Revised Code. If an individual
whose certificate or license is suspended under this division fails
to make a timely request for an adjudicatory hearing, the board shall
enter a final order revoking the individual's certificate or license.

(G)
If the secretary and vice-secretary of the state dental board
determine both of the following, they may recommend that the board
suspend an individual's certificate or license without a prior
hearing:

(1)
That there is clear and convincing evidence that an individual has
violated division (A) 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 four dentist members of the board and seven of its
members in total, excluding the secretary and vice-secretary, may
suspend a certificate or license 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 or 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)
Sanctions shall not be imposed under division (A)(13) of this section
against any certificate or license holder 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 who holds a
certificate or license issued pursuant to this chapter to the extent
allowed by this chapter and the rules of the board.

(I)
In no event shall the board consider or raise during a hearing
required by Chapter 119. of the Revised Code the circumstances of, or
the fact that the board has received, one or more complaints about a
person unless the one or more complaints are the subject of the
hearing or resulted in the board taking an action authorized by this
section against the person on a prior occasion.

(J)
The board may share any information it receives pursuant to an
investigation under division (D) of section 4715.03 of the Revised
Code, 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 dental 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 dental 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.

(K)
The board shall not refuse to issue a license or certificate to an
applicant for either of the following reasons unless the refusal is
in accordance with section 9.79 of the Revised Code:

(1)
A conviction or plea of guilty to an offense;

(2)
A judicial finding of eligibility for treatment or intervention in
lieu of a conviction.

Sec.
4723.01.
As
used in this chapter:

(A)
"Registered nurse" means an individual who holds a current,
valid license issued under this chapter that authorizes the practice
of nursing as a registered nurse.

(B)
"Practice of nursing as a registered nurse" means providing
to individuals and groups nursing care requiring specialized
knowledge, judgment, and skill derived from the principles of
biological, physical, behavioral, social, and nursing sciences. Such
nursing care includes:

(1)
Identifying patterns of human responses to actual or potential health
problems amenable to a nursing regimen;

(2)
Executing a nursing regimen through the selection, performance,
management, and evaluation of nursing actions;

(3)
Assessing health status for the purpose of providing nursing care;

(4)
Providing health counseling and health teaching;

(5)
Administering medications, treatments, and executing regimens
authorized by an individual who is authorized to practice in this
state and is acting within the course of the individual's
professional practice;

(6)
Teaching, administering, supervising, delegating, and evaluating
nursing practice.

(C)
"Nursing regimen" may include preventative, restorative,
and health-promotion activities.

(D)
"Assessing health status" means the collection of data
through nursing assessment techniques, which may include interviews,
observation, and physical evaluations for the purpose of providing
nursing care.

(E)
"Licensed practical nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes the
practice of nursing as a licensed practical nurse.

(F)
"The practice of nursing as a licensed practical nurse"
means providing to individuals and groups nursing care requiring the
application of basic knowledge of the biological, physical,
behavioral, social, and nursing sciences at the direction of a
registered nurse or any of the following who is authorized to
practice in this state: a physician, physician
assistant
associate
,
dentist, podiatrist, optometrist, or chiropractor. Such nursing care
includes:

(1)
Observation, patient teaching, and care in a diversity of health care
settings;

(2)
Contributions to the planning, implementation, and evaluation of
nursing;

(3)
Administration of medications and treatments authorized by an
individual who is authorized to practice in this state and is acting
within the course of the individual's professional practice;

(4)
Administration to an adult of intravenous therapy authorized by an
individual who is authorized to practice in this state and is acting
within the course of the individual's professional practice, on the
condition that the licensed practical nurse is authorized under
section 4723.18 or 4723.181 of the Revised Code to perform
intravenous therapy and performs intravenous therapy only in
accordance with those sections;

(5)
Delegation of nursing tasks as directed by a registered nurse;

(6)
Teaching nursing tasks to licensed practical nurses and individuals
to whom the licensed practical nurse is authorized to delegate
nursing tasks as directed by a registered nurse.

(G)
"Certified registered nurse anesthetist" means an advanced
practice registered nurse who holds a current, valid license issued
under this chapter and is designated as a certified registered nurse
anesthetist in accordance with section 4723.42 of the Revised Code
and rules adopted by the board of nursing.

(H)
"Clinical nurse specialist" means an advanced practice
registered nurse who holds a current, valid license issued under this
chapter and is designated as a clinical nurse specialist in
accordance with section 4723.42 of the Revised Code and rules adopted
by the board of nursing.

(I)
"Certified nurse-midwife" means an advanced practice
registered nurse who holds a current, valid license issued under this
chapter and is designated as a certified nurse-midwife in accordance
with section 4723.42 of the Revised Code and rules adopted by the
board of nursing.

(J)
"Certified nurse practitioner" means an advanced practice
registered nurse who holds a current, valid license issued under this
chapter and is designated as a certified nurse practitioner in
accordance with section 4723.42 of the Revised Code and rules adopted
by the board of nursing.

(K)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(L)
"Collaboration" or "collaborating" means the
following:

(1)
In the case of a clinical nurse specialist or a certified nurse
practitioner, that one or more podiatrists acting within the scope of
practice of podiatry in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a standard care
arrangement or one or more physicians with whom the nurse has entered
into a standard care arrangement are continuously available to
communicate with the clinical nurse specialist or certified nurse
practitioner either in person or by electronic communication;

(2)
In the case of a certified nurse-midwife, that one or more physicians
with whom the certified nurse-midwife has entered into a standard
care arrangement are continuously available to communicate with the
certified nurse-midwife either in person or by electronic
communication.

(M)
"Supervision," as it pertains to a certified registered
nurse anesthetist, means that the certified registered nurse
anesthetist is under the direction of a podiatrist acting within the
podiatrist's scope of practice in accordance with section 4731.51 of
the Revised Code, a dentist acting within the dentist's scope of
practice in accordance with Chapter 4715. of the Revised Code, or a
physician, and, when administering anesthesia, the certified
registered nurse anesthetist is in the immediate presence of the
podiatrist, dentist, or physician.

(N)
"Standard care arrangement" means a written, formal guide
for planning and evaluating a patient's health care that is developed
by one or more collaborating physicians or podiatrists and a clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner and meets the requirements of section 4723.431 of the
Revised Code.

(O)
"Advanced practice registered nurse" means an individual
who holds a current, valid license issued under this chapter that
authorizes the practice of nursing as an advanced practice registered
nurse and is designated as any of the following:

(1)
A certified registered nurse anesthetist;

(2)
A clinical nurse specialist;

(3)
A certified nurse-midwife;

(4)
A certified nurse practitioner.

(P)
"Practice of nursing as an advanced practice registered nurse"
means providing to individuals and groups nursing care that requires
knowledge and skill obtained from advanced formal education,
training, and clinical experience. Such nursing care includes the
care described in section 4723.43 of the Revised Code.

(Q)
"Dialysis care" means the care and procedures that a
dialysis technician or dialysis technician intern is authorized to
provide and perform, as specified in section 4723.72 of the Revised
Code.

(R)
"Dialysis technician" means an individual who holds a
current, valid certificate to practice as a dialysis technician
issued under section 4723.75 of the Revised Code.

(S)
"Dialysis technician intern" means an individual who has
not passed the dialysis technician certification examination required
by section 4723.751 of the Revised Code, but who has successfully
completed a dialysis training program approved by the board of
nursing under section 4723.74 of the Revised Code within the previous
eighteen months.

(T)
"Certified community health worker" means an individual who
holds a current, valid certificate as a community health worker
issued under section 4723.85 of the Revised Code.

(U)
"Medication aide" means an individual who holds a current,
valid certificate issued under this chapter that authorizes the
individual to administer medication in accordance with section
4723.67 of the Revised Code;

(V)
"Nursing specialty" means a specialty in practice as a
certified registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner.

(W)
"Physician
assistant
associate
"
means an individual who is licensed to practice as a physician

assistant

associate

under
Chapter 4730. of the Revised Code.

Sec.
4723.18.
(A)
Except as provided in section 4723.181 of the Revised Code and
subject to the restrictions in division (C) of this section, a
licensed practical nurse may perform intravenous therapy on an adult
patient only at the direction of one of the following:

(1)
A physician, physician
assistant
associate
,
dentist, optometrist, or podiatrist who is authorized to practice in
this state and, except as provided in division (B)(2) of this
section, is present and readily available at the facility where the
intravenous therapy procedure is performed;

(2)
A registered nurse in accordance with division (B) of this section.

(B)(1)
Except as provided in division (B)(2) of this section and section
4723.181 of the Revised Code, when a licensed practical nurse
performs an intravenous therapy procedure at the direction of a
registered nurse, the registered nurse or another registered nurse
shall be readily available at the site where the intravenous therapy
is performed, and before the licensed practical nurse initiates the
intravenous therapy, the registered nurse shall personally perform an
on-site assessment of the adult patient who is to receive the
intravenous therapy.

(2)
When a licensed practical nurse performs an intravenous therapy
procedure in a home as defined in section 3721.10 of the Revised
Code, or in an intermediate care facility for individuals with
intellectual disabilities as defined in section 5124.01 of the
Revised Code, at the direction of a registered nurse or licensed a
physician, physician
assistant
associate
,
dentist, optometrist, or podiatrist who is authorized to practice in
this state, a registered nurse shall be on the premises of the home
or facility or accessible by some form of telecommunication.

(C)
No licensed practical nurse shall perform any of the following
intravenous therapy procedures:

(1)
Initiating or maintaining any of the following:

(a)
Blood or blood components;

(b)
Solutions for total parenteral nutrition;

(c)
Any cancer therapeutic medication including, but not limited to,
cancer chemotherapy or an anti-neoplastic agent;

(d)
Solutions administered through any central venous line or arterial
line or any other line that does not terminate in a peripheral vein,
except that a licensed practical nurse may maintain the solutions
specified in division (C)(6)(a) of this section that are being
administered through a central venous line or peripherally inserted
central catheter;

(e)
Any investigational or experimental medication.

(2)
Initiating intravenous therapy in any vein, except that a licensed
practical nurse may initiate intravenous therapy in accordance with
this section in a vein of the hand, forearm, or antecubital fossa;

(3)
Discontinuing a central venous, arterial, or any other line that does
not terminate in a peripheral vein;

(4)
Initiating or discontinuing a peripherally inserted central catheter;

(5)
Mixing, preparing, or reconstituting any medication for intravenous
therapy, except that a licensed practical nurse may prepare or
reconstitute an antibiotic additive;

(6)
Administering medication via the intravenous route, including all of
the following activities:

(a)
Adding medication to an intravenous solution or to an existing
infusion, except that a licensed practical nurse may do any of the
following:

(i)
Initiate an intravenous infusion containing one or more of the
following elements: dextrose 5%, normal saline, lactated ringers,
sodium chloride.45%, sodium chloride 0.2%, sterile water;

(ii)
Hang subsequent containers of the intravenous solutions specified in
division (C)(6)(a)(i) of this section that contain vitamins or
electrolytes, if a registered nurse initiated the infusion of that
same intravenous solution;

(iii)
Initiate or maintain an intravenous infusion containing an antibiotic
additive.

(b)
Injecting medication via a direct intravenous route, except that a
licensed practical nurse may inject heparin or normal saline to flush
an intermittent infusion device or heparin lock including, but not
limited to, bolus or push.

(7)
Changing tubing on any line including, but not limited to, an
arterial line or a central venous line, except that a licensed
practical nurse may change tubing on an intravenous line that
terminates in a peripheral vein;

(8)
Programming or setting any function of a patient controlled infusion
pump.

(D)
Notwithstanding divisions (B) and (C) of this section, at the
direction of a physician or a registered nurse, a licensed practical
nurse may perform the following activities for the purpose of
performing dialysis:

(1)
The routine administration and regulation of saline solution for the
purpose of maintaining an established fluid plan;

(2)
The administration of a heparin dose intravenously;

(3)
The administration of a heparin dose peripherally via a fistula
needle;

(4)
The loading and activation of a constant infusion pump;

(5)
The intermittent injection of a dose of medication that is
administered via the hemodialysis blood circuit and through the
patient's venous access.

Sec.
4723.181.
(A)
A licensed practical nurse may perform on any person any of the
intravenous therapy procedures specified in division (B) of this
section if both of the following apply:

(1)
The licensed practical nurse acts at the direction of a registered
nurse or a physician, physician
assistant
associate
,
dentist, optometrist, or podiatrist who is authorized to practice in
this state and the registered nurse, physician, physician

assistant
associate
,
dentist, optometrist, or podiatrist is on the premises where the
procedure is to be performed or accessible by some form of
telecommunication.

(2)
The licensed practical nurse can demonstrate the knowledge, skills,
and ability to perform the procedure safely.

(B)
The intravenous therapy procedures that a licensed practical nurse
may perform pursuant to division (A) of this section are limited to
the following:

(1)
Verification of the type of peripheral intravenous solution being
administered;

(2)
Examination of a peripheral infusion site and the extremity for
possible infiltration;

(3)
Regulation of a peripheral intravenous infusion according to the
prescribed flow rate;

(4)
Discontinuation of a peripheral intravenous device at the appropriate
time;

(5)
Performance of routine dressing changes at the insertion site of a
peripheral venous or arterial infusion, peripherally inserted central
catheter infusion, or central venous pressure subclavian infusion.

Sec.
4723.72.
(A)
A dialysis technician or dialysis technician intern may engage in
dialysis care by doing the following:

(1)
Performing and monitoring dialysis procedures, including initiating,
monitoring, and discontinuing dialysis;

(2)
Drawing blood;

(3)
Administering medications as specified in division (C) of this
section when the administration is essential to the dialysis process;

(4)
Responding to complications that arise during dialysis.

(B)(1)
Subject to divisions (B)(2) and (3) of this section, a dialysis
technician or dialysis technician intern may provide the dialysis
care specified in division (A) of this section only if the care has
been delegated to the technician or intern by a physician, physician

assistant
associate
,
or registered nurse and the technician or intern is under the
supervision of a physician, physician
assistant
associate
,
or registered nurse. Supervision requires that the dialysis
technician or dialysis technician intern be in the immediate presence
of a physician, physician
assistant
associate
,
or registered nurse.

(2)
In accordance with division (E) of section 4723.73 of the Revised
Code, a dialysis technician intern shall not provide dialysis care in
a patient's home.

(3)
In the case of dialysis care provided in a patient's home by a
dialysis technician, both of the following apply:

(a)
The technician shall be supervised in accordance with the rules
adopted under section 4723.79 of the Revised Code for supervision of
dialysis technicians who provide dialysis care in a patient's home.

(b)
Division (D)(6) of section 4723.73 of the Revised Code does not allow
a dialysis technician who provides dialysis care in a patient's home
to provide dialysis care that is not authorized under this section.

(C)
A dialysis technician or dialysis technician intern may administer
only the following medications as ordered by a licensed health
professional authorized to prescribe drugs as defined in section
4729.01 of the Revised Code and in accordance with the standards for
the delegation of dialysis care established in division (B) of this
section and in rules adopted under section 4723.79 of the Revised
Code:

(1)
Intradermal lidocaine or other single therapeutically equivalent
local anesthetic for the purpose of initiating dialysis treatment;

(2)
Intravenous heparin or other single therapeutically equivalent
anticoagulant for the purpose of initiating and maintaining dialysis
treatment;

(3)
Intravenous normal saline;

(4)
Patient-specific dialysate, to which the technician or intern may add
electrolytes but no other additives or medications;

(5)
Oxygen.

Sec.
4723.73.
(A)
No person who does not hold a current, valid certificate issued under
section 4723.75 or renewed under section 4723.77 of the Revised Code
shall do either of the following:

(1)
Claim to the public to be a dialysis technician;

(2)
Use the title "Ohio certified dialysis technician," the
initials "OCDT," or any other title or initials to
represent that the person is authorized to perform dialysis care as a
dialysis technician.

(B)
No person who has not successfully completed a dialysis training
program approved by the board of nursing under section 4723.74 of the
Revised Code within the previous eighteen months shall do either of
the following:

(1)
Claim to the public to be a dialysis technician intern;

(2)
Use the title "dialysis technician intern," the initials
"DTI," or any other title or initials to represent that the
person is authorized to perform dialysis care as a dialysis
technician intern.

(C)
No dialysis technician or dialysis technician intern shall engage in
dialysis care in a manner that is inconsistent with section 4723.72
of the Revised Code.

(D)
No person other than a dialysis technician or dialysis technician
intern shall engage in the dialysis care that is authorized by
section 4723.72 of the Revised Code, unless the person is one or more
of the following:

(1)
A registered nurse or licensed practical nurse;

(2)
A physician;

(3)
A physician
assistant
associate
;

(4)
A student performing dialysis care under the supervision of an
instructor as an integral part of a dialysis training program
approved by the board of nursing under section 4723.74 of the Revised
Code;

(5)
A dialysis patient who has been trained to engage in the dialysis
care with little or no professional assistance by completing a
medicare-approved self-dialysis or home dialysis training program;

(6)
A family member or friend of a dialysis patient who engages in
self-dialysis or home dialysis, and the person engages in the
dialysis care by assisting the patient in performing the
self-dialysis or home dialysis, after the person providing the
assistance has completed a medicare-approved self-dialysis or home
dialysis training program for the particular dialysis patient being
assisted.

(E)
No dialysis technician intern shall do either of the following:

(1)
Serve as a trainer or preceptor in a dialysis training program;

(2)
Provide dialysis care in a patient's home.

(F)
No person shall operate a dialysis training program, unless the
program is approved by the board of nursing under section 4723.74 of
the Revised Code.

Sec.
4729.01.
As
used in this chapter:

(A)
"Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.

(B)
"Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from the
principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:

(1)
Interpreting prescriptions;

(2)
Dispensing drugs and drug therapy related devices;

(3)
Compounding drugs;

(4)
Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the drugs
and appliances;

(5)
Performing drug regimen reviews with individuals by discussing all of
the drugs that the individual is taking and explaining the
interactions of the drugs;

(6)
Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug regimen
that warrants additional discussion with the prescriber;

(7)
Advising an individual and the health care professionals treating an
individual with regard to the individual's drug therapy;

(8)
Acting pursuant to a consult agreement, if an agreement has been
established;

(9)
Engaging in the administration of immunizations to the extent
authorized by section 4729.41 of the Revised Code;

(10)
Engaging in the administration of drugs to the extent authorized by
section 4729.45 of the Revised Code.

(C)
"Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the following
circumstances:

(1)
Pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs;

(2)
Pursuant to the modification of a prescription made in accordance
with a consult agreement;

(3)
As an incident to research, teaching activities, or chemical
analysis;

(4)
In anticipation of orders for drugs pursuant to prescriptions, based
on routine, regularly observed dispensing patterns;

(5)
Pursuant to a request made by a licensed health professional
authorized to prescribe drugs for a drug that is to be used by the
professional for the purpose of direct administration to patients in
the course of the professional's practice, if all of the following
apply:

(a)
At the time the request is made, the drug is not commercially
available regardless of the reason that the drug is not available,
including the absence of a manufacturer for the drug or the lack of a
readily available supply of the drug from a manufacturer.

(b)
A limited quantity of the drug is compounded and provided to the
professional.

(c)
The drug is compounded and provided to the professional as an
occasional exception to the normal practice of dispensing drugs
pursuant to patient-specific prescriptions.

(D)
"Consult agreement" means an agreement that has been
entered into under section 4729.39 of the Revised Code.

(E)
"Drug" means:

(1)
Any article recognized in the United States pharmacopoeia and
national formulary, or any supplement to them, intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or animals;

(2)
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;

(3)
Any article, other than food, intended to affect the structure or any
function of the body of humans or animals;

(4)
Any article intended for use as a component of any article specified
in division (E)(1), (2), or (3) of this section; but does not include
devices or their components, parts, or accessories.

"Drug"
does not include "hemp" or a "hemp product" as
those terms are defined in section 928.01 of the Revised Code.

(F)
"Dangerous drug" means any of the following:

(1)
Any drug to which either of the following applies:

(a)
Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to
bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;

(b)
Under Chapter 3715. or 3719. of the Revised Code, the drug may be
dispensed only upon a prescription.

(2)
Any drug that contains a schedule V controlled substance and that is
exempt from Chapter 3719. of the Revised Code or to which that
chapter does not apply;

(3)
Any drug intended for administration by injection into the human body
other than through a natural orifice of the human body;

(4)
Any drug that is a biological product, as defined in section 3715.01
of the Revised Code.

(G)
"Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.

(H)
"Prescription" means all of the following:

(1)
A written, electronic, or oral order for drugs or combinations or
mixtures of drugs to be used by a particular individual or for
treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;

(2)
For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93
of the Revised Code, a written, electronic, or oral order for a drug
to treat chlamydia, gonorrhea, or trichomoniasis issued to and in the
name of a patient who is not the intended user of the drug but is the
sexual partner of the intended user;

(3)
For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 4723.483, 4729.88, 4730.433, 4731.96, and 5101.76 of the
Revised Code, a written, electronic, or oral order for an epinephrine
autoinjector issued to and in the name of a school, school district,
or camp;

(4)
For purposes of Chapter 3728. and sections 4723.483, 4729.88,
4730.433, and 4731.96 of the Revised Code, a written, electronic, or
oral order for an epinephrine autoinjector issued to and in the name
of a qualified entity, as defined in section 3728.01 of the Revised
Code;

(5)
For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, 4723.4811, 4730.437, 4731.92, and 5101.78 of the Revised
Code, a written, electronic, or oral order for injectable or nasally
administered glucagon in the name of a school, school district, or
camp.

(I)
"Licensed health professional authorized to prescribe drugs"
or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:

(1)
A dentist licensed under Chapter 4715. of the Revised Code;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse, but only to the
extent of the nurse's authority under sections 4723.43 and 4723.434
of the Revised Code;

(4)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(5)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(6)
A physician
assistant

associate

who
holds a license to practice as a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code, holds a valid prescriber
number issued by the state medical board, and has been granted
physician-delegated prescriptive authority;

(7)
A veterinarian licensed under Chapter 4741. of the Revised Code;

(8)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code who has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(J)
"Sale" or "sell" includes any transaction made by
any person, whether as principal proprietor, agent, or employee, to
do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the
transfer is by passage of title, physical movement, or both.

(K)
"Wholesale sale" and "sale at wholesale" mean any
sale in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.

(L)
"Retail sale" and "sale at retail" mean any sale
other than a wholesale sale or sale at wholesale.

(M)
"Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish responsibility.

(N)
"Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:

(1)
The proprietary name of the drug product;

(2)
The established (generic) name of the drug product;

(3)
The strength of the drug product if the product contains a single
active ingredient or if the drug product contains more than one
active ingredient and a relevant strength can be associated with the
product without indicating each active ingredient. The established
name and quantity of each active ingredient are required if such a
relevant strength cannot be so associated with a drug product
containing more than one ingredient.

(4)
The dosage form;

(5)
The price charged for a specific quantity of the drug product. The
stated price shall include all charges to the consumer, including,
but not limited to, the cost of the drug product, professional fees,
handling fees, if any, and a statement identifying professional
services routinely furnished by the pharmacy. Any mailing fees and
delivery fees may be stated separately without repetition. The
information shall not be false or misleading.

(O)
"Wholesale distributor of dangerous drugs" or "wholesale
distributor" means a person engaged in the sale of dangerous
drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous
drugs at wholesale.

(P)
"Manufacturer of dangerous drugs" or "manufacturer"
means a person, other than a pharmacist or prescriber, who
manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.

(Q)
"Terminal distributor of dangerous drugs" or "terminal
distributor" means a person who is engaged in the sale of
dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider,
wholesale distributor, or pharmacist, who has possession, custody, or
control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor"
includes pharmacies, hospitals, nursing homes, and laboratories and
all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed
health professional authorized to prescribe drugs, or other person
authorized by the state board of pharmacy.

(R)
"Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at
retail.

(S)
"Person" includes any individual, partnership, association,
limited liability company, or corporation, the state, any political
subdivision of the state, and any district, department, or agency of
the state or its political subdivisions.

(T)(1)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.

(2)
"County dog warden" means a dog warden or deputy dog warden
appointed or employed under section 955.12 of the Revised Code.

(U)
"Food" has the same meaning as in section 3715.01 of the
Revised Code.

(V)
"Pain management clinic" has the same meaning as in section
4731.054 of the Revised Code.

(W)
"Investigational drug or product" means a drug or product
that has successfully completed phase one of the United States food
and drug administration clinical trials and remains under clinical
trial, but has not been approved for general use by the United States
food and drug administration. "Investigational drug or product"
does not include controlled substances in schedule I, as defined in
section 3719.01 of the Revised Code.

(X)
"Product," when used in reference to an investigational
drug or product, means a biological product, other than a drug, that
is made from a natural human, animal, or microorganism source and is
intended to treat a disease or medical condition.

(Y)
"Third-party logistics provider" means a person that
provides or coordinates warehousing or other logistics services
pertaining to dangerous drugs including distribution, on behalf of a
manufacturer, wholesale distributor, or terminal distributor of
dangerous drugs, but does not take ownership of the drugs or have
responsibility to direct the sale or disposition of the drugs.

(Z)
"Repackager of dangerous drugs" or "repackager"
means a person that repacks and relabels dangerous drugs for sale or
distribution.

(AA)
"Outsourcing facility" means a facility that is engaged in
the compounding and sale of sterile drugs and is registered as an
outsourcing facility with the United States food and drug
administration.

(BB)
"Laboratory" means a laboratory licensed under this chapter
as a terminal distributor of dangerous drugs and entrusted to have
custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction:
dangerous drugs that are not controlled substances, as defined in
section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled
substances in schedule I, as defined in that section.

(CC)
"Overdose reversal drug" means both of the following:

(1)
Naloxone;

(2)
Any other drug that the state board of pharmacy, through rules
adopted in accordance with Chapter 119. of the Revised Code,
designates as a drug that is approved by the federal food and drug
administration for the reversal of a known or suspected
opioid-related overdose.

Sec.
4729.39.
(A)
As used in this section:

(1)
"Certified nurse practitioner," "certified
nurse-midwife," "clinical nurse specialist," and
"standard care arrangement" have the same meanings as in
section 4723.01 of the Revised Code.

(2)
"Collaborating physician" means a physician who has entered
into a standard care arrangement with a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(4)
"Physician
assistant
associate
"
means an individual who is licensed to practice as a physician

assistant

associate

under
Chapter 4730. of the Revised Code, holds a valid prescriber number
issued by the state medical board, and has been granted
physician-delegated prescriptive authority.

(5)
"Supervising physician" means a physician who has entered
into a supervision agreement with a physician
assistant

associate

under
section 4730.19 of the Revised Code.

(B)
Subject to division (C) of this section, one or more pharmacists may
enter into a consult agreement with one or more of the following
practitioners:

(1)
Physicians;

(2)
Physician
assistants
associates
,
if entering into a consult agreement is authorized by one or more
supervising physicians;

(3)
Clinical nurse specialists, certified nurse-midwives, or certified
nurse practitioners, if entering into a consult agreement is
authorized by one or more collaborating physicians.

(C)
Before entering into a consult agreement, all of the following
conditions must be met:

(1)
Each practitioner must have an ongoing practitioner-patient
relationship with each patient whose drug therapy is to be managed.

(2)
The diagnosis for which each patient has been prescribed drug therapy
must be within the scope of each practitioner's practice.

(3)
Each pharmacist must have training and experience related to the
particular diagnosis for which drug therapy is to be prescribed.

(D)
With respect to consult agreements, all of the following apply:

(1)
Under a consult agreement, a pharmacist is authorized to do both of
the following, but only to the extent specified in the agreement,
this section, and the rules adopted under this section:

(a)
Manage drug therapy for treatment of specified diagnoses or diseases
for each patient who is subject to the agreement, including all of
the following:

(i)
Changing the duration of treatment for the current drug therapy;

(ii)
Adjusting a drug's strength, dose, dosage form, frequency of
administration, or route of administration;

(iii)
Discontinuing the use of a drug;

(iv)
Administering a drug;

(v)
Notwithstanding the definition of "licensed health professional
authorized to prescribe drugs" in section 4729.01 of the Revised
Code, adding a drug to the patient's drug therapy.

(b)(i)
Order laboratory and diagnostic tests, including blood and urine
tests, that are related to the drug therapy being managed, and
evaluate the results of the tests that are ordered.

(ii)
A pharmacist's authority to evaluate test results under division
(D)(1)(b)(i) of this section does not authorize the pharmacist to
make a diagnosis.

(2)(a)
A consult agreement, or the portion of the agreement that applies to
a particular patient, may be terminated by any of the following:

(i)
A pharmacist who entered into the agreement;

(ii)
A practitioner who entered into the agreement;

(iii)
A patient whose drug therapy is being managed;

(iv)
An individual who consented to the treatment on behalf of a patient
or an individual authorized to act on behalf of a patient.

(b)
The pharmacist or practitioner who receives the notice of a patient's
termination of the agreement shall provide written notice to every
other pharmacist or practitioner who is a party to the agreement. A
pharmacist or practitioner who terminates a consult agreement with
regard to one or more patients shall provide written notice to all
other pharmacists and practitioners who entered into the agreement
and to each individual who consented to treatment under the
agreement. The termination of a consult agreement with regard to one
or more patients shall be recorded by the pharmacist and practitioner
in the medical records of each patient to whom the termination
applies.

(3)
A consult agreement shall be made in writing and shall include all of
the following:

(a)
The diagnoses and diseases being managed under the agreement,
including whether each disease is primary or comorbid;

(b)
A description of the drugs or drug categories the agreement involves;

(c)
A description of the procedures, decision criteria, and plan the
pharmacist is to follow in acting under a consult agreement;

(d)
A description of how the pharmacist is to comply with divisions
(D)(5) and (6) of this section.

(4)
The content of a consult agreement shall be communicated to each
patient whose drug therapy is managed under the agreement.

(5)
A pharmacist acting under a consult agreement shall maintain a record
of each action taken for each patient whose drug therapy is managed
under the agreement.

(6)
Communication between a pharmacist and practitioner acting under a
consult agreement shall take place at regular intervals specified by
the primary practitioner acting under the agreement. The agreement
may include a requirement that a pharmacist send a consult report to
each consulting practitioner.

(7)
A consult agreement is effective for two years and may be renewed if
the conditions specified in division (C) of this section continue to
be met.

(8)
A consult agreement does not permit a pharmacist to manage drug
therapy prescribed by a practitioner who has not entered into the
agreement.

(E)
The state board of pharmacy, state medical board, and board of
nursing shall each adopt rules as follows for its license holders
establishing standards and procedures for entering into a consult
agreement and managing a patient's drug therapy under a consult
agreement:

(1)
The state board of pharmacy, in consultation with the state medical
board and board of nursing, shall adopt rules to be followed by
pharmacists.

(2)
The state medical board, in consultation with the state board of
pharmacy, shall adopt rules to be followed by physicians and rules to
be followed by physician
assistants
associates
.

(3)
The board of nursing, in consultation with the state board of
pharmacy and state medical board, shall adopt rules to be followed by
clinical nurse specialists, certified nurse-midwives, and certified
nurse practitioners.

The
boards shall specify in the rules any categories of drugs or types of
diseases for which a consult agreement may not be established. Each
board may adopt any other rules it considers necessary for the
implementation and administration of this section. All rules adopted
under this section shall be adopted in accordance with Chapter 119.
of the Revised Code.

(F)(1)
Subject to division (F)(2) of this section, both of the following
apply:

(a)
A pharmacist acting in accordance with a consult agreement regarding
a practitioner's change in a drug for a patient whose drug therapy
the pharmacist is managing under the agreement is not liable in
damages in a tort or other civil action for injury or loss to person
or property allegedly arising from the change.

(b)
A practitioner acting in accordance with a consult agreement
regarding a pharmacist's change in a drug for a patient whose drug
therapy the pharmacist is managing under a consult agreement is not
liable in damages in a tort or other civil action for injury or loss
to person or property allegedly arising from the change unless the
practitioner authorized the specific change.

(2)
Division (F)(1) of this section does not limit a practitioner's or
pharmacist's liability in damages in a tort or other civil action for
injury or loss to person or property allegedly arising from actions
that are not related to the practitioner's or pharmacist's change in
a drug for a patient whose drug therapy is being managed under a
consult agreement.

Sec.
4730.011.
Whenever
a physician assistant is referred to in any statute, rule, contract,
or other document, the reference is deemed to refer to a physician
associate.

Sec.
4730.02.
(A)
No person shall hold that person out as being able to function as a
physician
assistant
associate
,
or use

the title "physician associate" or "physician
assistant," the initials "P.A.," or

any
other

words
or letters indicating or implying that the person is a physician

assistant
associate
,
without a current, valid license to practice as a physician
assistant

associate

issued
pursuant to this chapter.

(B)
No person shall practice as a physician
assistant

associate

without
the supervision, control, and direction of a physician.

(C)
No person shall practice as a physician
assistant

associate

without
having entered into a supervision agreement with a supervising
physician under section 4730.19 of the Revised Code.

(D)
No person acting as the supervising physician of a physician

assistant

associate

shall
authorize the physician
assistant

associate

to
perform services if either of the following is the case:

(1)
The services are not within the physician's normal course of practice
and expertise;

(2)
The services are inconsistent with the supervision agreement under
which the physician
assistant

associate

is
being supervised, including, if applicable, the policies of the
health care facility in which the physician and physician
assistant

associate

are
practicing.

(E)
No person practicing as a physician
assistant

associate

shall
prescribe any drug or device to perform or induce an abortion, or
otherwise perform or induce an abortion.

(F)
No person shall advertise to provide services as a physician

assistant
associate
,
except for the purpose of seeking employment.

(G)
No person practicing as a physician
assistant

associate

shall
fail to wear at all times when on duty a placard, plate, or other
device identifying that person as a "physician

assistant
associate
."

(H)
Division (A) of this section does not apply to a person who meets all
of the following conditions:

(1)
The person holds in good standing a valid license or other form of
authority to practice as a physician
assistant

associate

issued
by another state.

(2)
The person is practicing as a volunteer without remuneration during a
charitable event that lasts not more than seven days.

(3)
The medical care provided by the person will be supervised by the
medical director of the charitable event or by another physician.

When
a person meets the conditions of this division, the person shall be
deemed to hold, during the course of the charitable event, a license
to practice as a physician
assistant

associate

from
the state medical board and shall be subject to the provisions of
this chapter authorizing the board to take disciplinary action
against a license holder. Not less than seven calendar days before
the first day of the charitable event, the person or the event's
organizer shall notify the board of the person's intent to practice
as a physician
assistant

associate

at
the event. During the course of the charitable event, the person's
scope of practice is limited to the procedures that a physician

assistant

associate

licensed
under this chapter is authorized to perform unless the person's scope
of practice in the other state is more restrictive than in this
state. If the latter is the case, the person's scope of practice is
limited to the procedures that a physician
assistant

associate

in
the other state may perform.

Sec.
4730.03.
Nothing
in this chapter shall:

(A)
Be construed to affect or interfere with the performance of duties of
any medical personnel who are either of the following:

(1)
In active service in the army, navy, coast guard, marine corps, air
force, public health service, or marine hospital service of the
United States
,

while so serving;

(2)
Employed by
the
veterans administration of
the
United States
department
of veterans affairs,
while
so employed.

(B)
Prevent any person from performing any of the services a physician

assistant

associate

may
be authorized to perform, if the person's professional scope of
practice established under any other chapter of the Revised Code
authorizes the person to perform the services;

(C)
Prohibit a physician from delegating responsibilities to any nurse or
other qualified person who does not hold a license to practice as a
physician
assistant
associate
,
provided that the individual does not hold the individual out to be a
physician
assistant
associate
;

(D)
Be construed as authorizing a physician
assistant

associate

independently
to order or direct the execution of procedures or techniques by a
registered nurse or licensed practical nurse in the care and
treatment of a person in any setting, except to the extent that the
physician
assistant

associate

is
authorized to do so by a physician who is responsible for supervising
the physician
assistant

associate

and,
if applicable, the policies of the health care facility in which the
physician
assistant

associate

is
practicing;

(E)
Authorize a physician
assistant

associate

to
engage in the practice of optometry, except to the extent that the
physician
assistant

associate

is
authorized by a supervising physician acting in accordance with this
chapter to perform routine visual screening, provide medical care
prior to or following eye surgery, or assist in the care of diseases
of the eye;

(F)
Be construed as authorizing a physician
assistant

associate

to
prescribe any drug or device to perform or induce an abortion, or as
otherwise authorizing a physician
assistant

associate

to
perform or induce an abortion
;

(G)
Prohibit an individual from using the title "physician associate
student" while enrolled in a program accredited by the
accreditation review commission on education for the physician
assistant or a successor organization recognized by the state medical
board
.

Sec.
4730.04.
(A)
As used in this section:

(1)
"Disaster" means any imminent threat or actual occurrence
of widespread or severe damage to or loss of property, personal
hardship or injury, or loss of life that results from any natural
phenomenon or act of a human.

(2)
"Emergency" means an occurrence or event that poses an
imminent threat to the health or life of a human.

(B)
Nothing in this chapter prohibits any of the following individuals
from providing medical care, to the extent the individual is able, in
response to a need for medical care precipitated by a disaster or
emergency:

(1)
An individual who holds a license to practice as a physician

assistant

associate

issued
under this chapter;

(2)
An individual licensed or authorized to practice as a physician

assistant

associate

in
another state;

(3)
An individual credentialed or employed as a physician
assistant

associate

by
an agency, office, or other instrumentality of the federal
government.

(C)
For purposes of the medical care provided by a physician
assistant

associate

pursuant
to division (B)(1) of this section, both of the following apply
notwithstanding any supervision requirement of this chapter to the
contrary:

(1)
The physician who supervises the physician
assistant

associate

pursuant
to a supervision agreement entered into under section 4730.19 of the
Revised Code is not required to meet the supervision requirements
established under this chapter.

(2)
The physician designated as the medical director of the disaster or
emergency may supervise the medical care provided by the physician

assistant
associate
.

Sec.
4730.05.
(A)
There is hereby created the physician
assistant

associate

policy
committee of the state medical board. The president of the board
shall appoint the members of the committee. The committee shall
consist of the seven members specified in divisions (A)(1) to (3) of
this section. When the committee is developing or revising policy and
procedures for physician-delegated prescriptive authority for
physician
assistants
associates
,
the committee shall include the additional member specified in
division (A)(4) of this section.

(1)
Three members of the committee shall be physicians. Of the physician
members, one shall be a member of the state medical board, one shall
be appointed from a list of five physicians recommended by the Ohio
state medical association, and one shall be appointed from a list of
five physicians recommended by the Ohio osteopathic association. At
all times, the physician membership of the committee shall include at
least one physician who is a supervising physician of a physician

assistant
associate
,
preferably with at least two years' experience as a supervising
physician.

(2)
Three members shall be physician
assistants

associates

appointed
from a list of five individuals recommended by the Ohio association
of physician assistants

or its successor organization
.

(3)
One member, who is not affiliated with any health care profession,
shall be appointed to represent the interests of consumers.

(4)
One additional member, appointed to serve only when the committee is
developing or revising policy and procedures for physician-delegated
prescriptive authority for physician
assistants
associates
,
shall be a pharmacist. The member shall be appointed from a list of
five clinical pharmacists recommended by the Ohio pharmacists
association or appointed from the pharmacist members of the state
board of pharmacy, preferably from among the members who are clinical
pharmacists.

The
pharmacist member shall have voting privileges only for purposes of
developing or revising policy and procedures for physician-delegated
prescriptive authority for physician
assistants
associates
.
Presence of the pharmacist member shall not be required for the
transaction of any other business.

(B)
Terms of office shall be for two years, with each term ending on the
same day of the same month as did the term that it succeeds. Each
member shall hold office from the date of being appointed until the
end of the term for which the member was appointed. Members may be
reappointed, except that a member may not be appointed to serve more
than three consecutive terms. As vacancies occur, a successor shall
be appointed who has the qualifications the vacancy requires. A
member appointed to fill a vacancy occurring prior to the expiration
of the term for which a predecessor was appointed shall hold office
as a member for the remainder of that term. A member shall continue
in office subsequent to the expiration date of the member's term
until a successor takes office or until a period of sixty days has
elapsed, whichever occurs first.

(C)
Each member of the committee shall receive the member's necessary and
actual expenses incurred in the performance of official duties as a
member.

(D)
The committee members specified in divisions (A)(1) to (3) of this
section by a majority vote shall elect a chairperson from among those
members. The members may elect a new chairperson at any time.

(E)
The state medical board may appoint assistants, clerical staff, or
other employees as necessary for the committee to perform its duties
adequately.

(F)
The committee shall meet as necessary to carry out its
responsibilities.

(G)
The board may permit meetings of the physician
assistant

associate

policy
committee to include the use of interactive videoconferencing,
teleconferencing, or both if all of the following requirements are
met:

(1)
The meeting location is open and accessible to the public.

(2)
Each committee member is permitted to choose whether the member
attends in person or through the use of the meeting's
videoconferencing or teleconferencing;

(3)
Any meeting
-
related
materials available before the meeting are sent to each committee
member by electronic mail, facsimile, or United States mail, or are
hand delivered.

(4)
If interactive videoconferencing is used, there is a clear video and
audio connection that enables all participants at the meeting
location to see and hear each committee member.

(5)
If teleconferencing is used, there is a clear audio connection that
enables all participants at the meeting location to hear each
committee member.

(6)
A roll call vote is recorded for each vote taken.

(7)
The meeting minutes specify for each member whether the member
attended by videoconference, teleconference, or in person.

Sec.
4730.06.
(A)
The physician
assistant

associate

policy
committee of the state medical board shall review, and shall submit
to the board recommendations concerning, all of the following:

(1)
Requirements for issuing a license to practice as a physician

assistant
associate
,
including the educational requirements that must be met to receive
the license;

(2)
Existing and proposed rules pertaining to the practice of physician

assistants
associates
,
the supervisory relationship between physician
assistants

associates

and
supervising physicians, and the administration and enforcement of
this chapter;

(3)
In accordance with section 4730.38 of the Revised Code,
physician-delegated prescriptive authority for physician

assistants
associates
;

(4)
Application procedures and forms for a license to practice as a
physician
assistant
associate
;

(5)
Fees required by this chapter for issuance and renewal of a license
to practice as a physician
assistant
associate
;

(6)
Any issue the board asks the committee to consider.

(B)
In addition to the matters that are required to be reviewed under
division (A) of this section, the committee may review, and may
submit to the board recommendations concerning quality assurance
activities to be performed by a supervising physician and physician

assistant

associate

under
a quality assurance system established pursuant to division (F) of
section 4730.21 of the Revised Code.

(C)
The board shall take into consideration all recommendations submitted
by the committee. Not later than ninety days after receiving a
recommendation from the committee, the board shall approve or
disapprove the recommendation and notify the committee of its
decision. If a recommendation is disapproved, the board shall inform
the committee of its reasons for making that decision. The committee
may resubmit the recommendation after addressing the concerns
expressed by the board and modifying the disapproved recommendation
accordingly. Not later than ninety days after receiving a resubmitted
recommendation, the board shall approve or disapprove the
recommendation. There is no limit on the number of times the
committee may resubmit a recommendation for consideration by the
board.

(D)(1)
Except as provided in division (D)(2) of this section, the board may
not take action regarding a matter that is subject to the committee's
review under division (A) or (B) of this section unless the committee
has made a recommendation to the board concerning the matter.

(2)
If the board submits to the committee a request for a recommendation
regarding a matter that is subject to the committee's review under
division (A) or (B) of this section, and the committee does not
provide a recommendation before the sixty-first day after the request
is submitted, the board may take action regarding the matter without
a recommendation.

Sec.
4730.07.
In
addition to rules that are specifically required or authorized by
this chapter to be adopted, the state medical board may, subject to
division (D) of section 4730.06 of the Revised Code, adopt any other
rules necessary to govern the practice of physician

assistants
associates
,
the supervisory relationship between physician
assistants

associates

and
supervising physicians, and the administration and enforcement of
this chapter. Rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
4730.08.
(A)
A license to practice as a physician
assistant

associate

issued
under this chapter authorizes the holder to practice as a physician

assistant

associate

as
follows:

(1)
The physician
assistant

associate

shall
practice only under the supervision, control, and direction of a
physician with whom the physician
assistant

associate

has
entered into a supervision agreement under section 4730.19 of the
Revised Code.

(2)
The physician
assistant

associate

shall
practice in accordance with the supervision agreement entered into
with the physician who is responsible for supervising the physician

assistant
associate
,
including, if applicable, the policies of the health care facility in
which the physician
assistant

associate

is
practicing.

(B)
The state medical board may, subject to division (D) of section
4730.06 of the Revised Code, adopt rules designating facilities to be
included as health care facilities that are in addition to the
facilities specified in divisions (B)(1) and (2) of section 4730.01
of the Revised Code. Any rules adopted shall be adopted in accordance
with Chapter 119. of the Revised Code.

Sec.
4730.10.
(A)
Except as provided in division (C) of this section, an individual
seeking a license to practice as a physician
assistant

associate

shall
file with the state medical board a written application on a form
prescribed and supplied by the board. The application shall include
all of the following:

(1)
The applicant's name, residential address, business address, if any,
and social security number;

(2)
Satisfactory proof that the applicant meets the age requirement
specified in division (A)(1) of section 4730.11 of the Revised Code;

(3)
Satisfactory proof that the applicant meets either the educational
requirements specified in division (B)(1) or (2) of section 4730.11
of the Revised Code or the educational or other applicable
requirements specified in division (C)(1), (2), or (3) of that
section;

(4)
Any other information the board requires.

(B)
At the time of making application for a license to practice, the
applicant shall pay the board a fee of four hundred dollars, no part
of which shall be returned. The fees shall be deposited in accordance
with section 4731.24 of the Revised Code.

(C)
The board shall issue a license to practice as a physician
assistant

associate

in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a physician
assistant

associate

in
a state that does not issue that license.

Sec.
4730.101.
In
addition to any other eligibility requirement set forth in this
chapter, each applicant for a license to practice as a physician

assistant

associate

shall
comply with sections 4776.01 to 4776.04 of the Revised Code.

Sec.
4730.11.
(A)
To be eligible to receive a license to practice as a physician

assistant
associate
,
all of the following apply to an applicant:

(1)
The applicant shall be at least eighteen years of age.

(2)
The applicant shall hold current certification by the national
commission on certification of physician assistants or a successor
organization that is recognized by the state medical board.

(3)
The applicant shall meet either of the following requirements:

(a)
The educational requirements specified in division (B)(1) or (2) of
this section;

(b)
The educational or other applicable requirements specified in
division (C)(1), (2), or (3) of this section.

(B)
For purposes of division (A)(3)(a) of this section, an applicant
shall meet either of the following educational requirements:

(1)
The applicant shall hold a master's or higher degree obtained from a
program accredited by an organization recognized by the board.

(2)
The applicant shall hold both of the following degrees:

(a)
A degree other than a master's or higher degree obtained from a
program accredited by an organization recognized by the board;

(b)
A master's or higher degree in a course of study with clinical
relevance to the practice of physician
assistants

associates

and
obtained from a program accredited by a regional or specialized and
professional accrediting agency recognized by the board.

(C)
For purposes of division (A)(3)(b) of this section, an applicant
shall present evidence satisfactory to the board of meeting one of
the following requirements in lieu of meeting the educational
requirements specified in division (B)(1) or (2) of this section:

(1)
The applicant shall hold a current, valid license or other form of
authority to practice as a physician
assistant

associate

issued
by another jurisdiction and either have been in active practice in
any jurisdiction throughout the two-year period immediately preceding
the date of application or have met one or more of the following
requirements as specified by the board:

(a)
Passed an oral or written examination or assessment, or both types of
examination or assessment, that determined the applicant's present
fitness to resume practice;

(b)
Obtained additional training and passed an examination or assessment
on completion of the training;

(c)
Agreed to limitations on the applicant's extent, scope, or type of
practice.

(2)
The applicant shall hold a degree obtained as a result of being
enrolled on January 1, 2008, in a program in this state that was
accredited by the accreditation review commission on education for
the physician assistant but did not grant a master's or higher degree
to individuals enrolled in the program on that date, and completing
the program on or before December 31, 2009.

(3)
The applicant shall hold a degree obtained from an organization
recognized by the board and meet either of the following experience
requirements:

(a)
Either have experience practicing as a physician
assistant

associate

for
at least two consecutive years immediately preceding the date of
application while on active duty, with evidence of service under
honorable conditions, in any of the armed forces of the United States
or the national guard of any state, including any experience attained
while practicing as a physician
assistant

associate

at
a health care facility or clinic operated by the United States
department of veterans affairs
,

or have met one or more of the following requirements as specified by
the board:

(i)
Passed an oral or written examination or assessment, or both types of
examination or assessment, that determined the applicant's present
fitness to resume practice;

(ii)
Obtained additional training and passed an examination or assessment
on completion of the training;

(iii)
Agreed to limitations on the applicant's extent, scope, or type of
practice;

(b)
Either have experience practicing as a physician
assistant

associate

for
at least two consecutive years immediately preceding the date of
application while on active duty in the United States public health
service commissioned corps or have met one or more of the following
requirements as specified by the board:

(i)
Passed an oral or written examination or assessment, or both types of
examination or assessment, that determined the applicant's present
fitness to resume practice;

(ii)
Obtained additional training and passed an examination or assessment
on completion of the training;

(iii)
Agreed to limitations on the applicant's extent, scope, or type of
practice.

(D)
This section does not require an individual to obtain a master's or
higher degree as a condition of retaining or renewing a license to
practice as a physician
assistant

associate

if
the individual received the license without holding a master's or
higher degree as provided in either of the following:

(1)
Before the educational requirements specified in division (B)(1) or
(2) of this section became effective January 1, 2008;

(2)
By meeting the educational or other applicable requirements specified
in division (C)(1), (2), or (3) of this section.

Sec.
4730.111.
A
physician
assistant

associate

whose
certification by the national commission on certification of
physician assistants or a successor organization recognized by the
state medical board is suspended or revoked shall give notice of that
occurrence to the board not later than fourteen days after the
physician
assistant

associate

receives
notice of the change in certification status. A physician
assistant

associate

who
fails to renew the certification shall notify the board not later
than fourteen days after the certification expires.

Sec.
4730.12.
(A)
The state medical board shall review each application for a license
to practice as a physician
assistant

associate

received
under section 4730.10 of the Revised Code. Not later than sixty days
after receiving a complete application, the board shall determine
whether the applicant meets the requirements to receive the license,
as specified in section 4730.11 of the Revised Code.

(B)
If the board determines that an applicant meets the requirements to
receive the license, the secretary of the board shall register the
applicant as a physician
assistant

associate

and
issue to the applicant a license to practice as a physician

assistant
associate
.

Sec.
4730.13.
Upon
application by the holder of a license to practice as a physician

assistant
associate
,
the state medical board shall issue a duplicate license to replace
one that is missing or damaged, to reflect a name change, or for any
other reasonable cause. The fee for a duplicate license shall be
thirty-five dollars. All fees collected under this section shall be
deposited in accordance with section 4731.24 of the Revised Code.

Sec.
4730.14.
(A)
A license to practice as a physician
assistant

associate

shall
be valid for a two-year period unless revoked or suspended, shall
expire on the date that is two years after the date of issuance, and
may be renewed for additional two-year periods in accordance with
this section. A person seeking to renew a license shall apply to the
state medical board for renewal prior to the license's expiration
date. The board shall provide renewal notices to license holders at
least one month prior to the expiration date.

Applications
shall be submitted to the board in a manner prescribed by the board.
Each application shall be accompanied by a biennial renewal fee of
two hundred dollars. The board shall deposit the fees in accordance
with section 4731.24 of the Revised Code.

The
applicant shall report any criminal offense that constitutes grounds
for refusing to issue a license to practice under section 4730.25 of
the Revised Code 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 signing an application for a license to practice as a physician

assistant
associate
.

(B)
To be eligible for renewal of a license, an applicant is subject to
all of the following:

(1)
The applicant must certify to the board that the applicant has
maintained certification by the national commission on certification
of physician assistants or a successor organization that is
recognized by the board by meeting the standards to hold current
certification from the commission or its successor, including passing
periodic recertification examinations;

(2)
Except as provided in section 5903.12 of the Revised Code, the
applicant must certify to the board that the applicant is in
compliance with the continuing medical education requirements
necessary to hold current certification from the commission or its
successor.

(3)
The applicant must comply with the renewal eligibility requirements
established under section 4730.49 of the Revised Code that pertain to
the applicant.

(C)
If an applicant submits a complete renewal application and qualifies
for renewal pursuant to division (B) of this section, the board shall
issue to the applicant a renewed license to practice as a physician

assistant
associate
.

(D)
The board may require a random sample of physician
assistants

associates

to
submit materials documenting both of the following:

(1)
Certification by the national commission on certification of
physician assistants or a successor organization that is recognized
by the board;

(2)
Completion of the continuing medical education required to hold
current certification from the commission or its successor.

Division
(D) of this section does not limit the board's authority to conduct
investigations pursuant to section 4730.25 of the Revised Code.

(E)
A license to practice that is not renewed on or before its expiration
date is automatically suspended on its expiration date. Continued
practice after suspension of the license shall be considered as
practicing in violation of division (A) of section 4730.02 of the
Revised Code.

(F)
If a license has been suspended pursuant to division (E) of this
section for two years or less, it may be reinstated. The board shall
reinstate a license suspended for failure to renew upon an
applicant's submission of a renewal application, the biennial renewal
fee, and any applicable monetary penalty.

If
a license has been suspended pursuant to division (E) of this section
for more than two years, it may be restored. In accordance with
section 4730.28 of the Revised Code, the board may restore a license
suspended for failure to renew upon an applicant's submission of a
restoration application, the biennial renewal fee, and any applicable
monetary penalty and compliance with sections 4776.01 to 4776.04 of
the Revised Code. The board shall not restore to an applicant a
license to practice as a physician
assistant

associate

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 4730.12 of the Revised Code.

The
penalty for reinstatement shall be fifty dollars and the penalty for
restoration shall be one hundred dollars. The board shall deposit
penalties in accordance with section 4731.24 of the Revised Code.

(G)(1)
If, through a random sample conducted under division (D) of this
section or through any other means, the board finds that an
individual who certified completion of the continuing medical
education required to renew, reinstate, restore, or reactivate a
license to practice did not complete the requisite continuing medical
education, the board may do either of the following:

(a)
Take disciplinary action against the individual under section 4730.25
of the Revised Code, impose a civil penalty, or both;

(b)
Permit the individual to agree in writing to complete the continuing
medical education and pay a civil penalty.

(2)
The board's finding in any disciplinary action taken under division
(G)(1)(a) of this section shall be made pursuant to an adjudication
under Chapter 119. of the Revised Code and by an affirmative vote of
not fewer than six of its members.

(3)
A civil penalty imposed under division (G)(1)(a) of this section or
paid under division (G)(1)(b) of this section shall be in an amount
specified by the board of not more than five thousand dollars. The
board shall deposit civil penalties in accordance with section
4731.24 of the Revised Code.

Sec.
4730.141.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as a physician
assistant

associate

and
who retires voluntarily from practice may request that the state
medical board place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as a
physician
assistant
associate
;

(c)
That the applicant does not hold an active registration with the
federal drug enforcement administration;

(d)
That the applicant does not have any criminal charges pending against
the applicant;

(e)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(f)
That the applicant does not have any complaints pending with the
board;

(g)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4730.14 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a physician

assistant

associate

under
any circumstance.

(2)
The license holder is not required to complete the continuing
education described in sections 4730.14 and 4730.49 of the Revised
Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice as a physician
assistant

associate

in
another state, whether by endorsement or reciprocity or through a
licensure compact.

(4)
The license holder may use a title authorized for the holder's
license, but only if "retired" also is included in the
title.

(5)
In the case of a license holder who was issued a prescriber number by
the board as part of the holder's physician-delegated prescriptive
authority, the number, like the license, is placed on retired status.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4730.28 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4730.14 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a physician

assistant

associate

in
another state, or uses a title that does not reflect the holder's
retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4730.25
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4730.15.
(A)
A license issued by the state medical board under section 4730.12 of
the Revised Code authorizes the license holder to exercise
physician-delegated prescriptive authority if the holder meets either
of the following requirements:

(1)
Holds a master's or higher degree described in division (B) of
section 4730.11 of the Revised Code;

(2)
Had prescriptive authority while practicing as a physician
assistant

associate

in
another jurisdiction, in any of the armed forces of the United States
or the national guard of any state, or in the United States public
health service commissioned corps.

(B)
A license described in division (D) of section 4730.11 of the Revised
Code authorizes the license holder to exercise physician-delegated
prescriptive authority if, on October 15, 2015, the license holder
held a valid certificate to prescribe issued under former section
4730.44 of the Revised Code, as it existed immediately prior to that
date.

(C)
On application of an individual who holds a license issued under this
chapter but is not authorized to exercise physician-delegated
prescriptive authority, the board shall grant the authority to
exercise physician-delegated prescriptive authority if the individual
meets either of the following requirements:

(1)
The individual provides evidence satisfactory to the board of having
obtained a master's or higher degree from either of the following:

(a)
A program accredited by the accreditation review commission on
education for the physician
assistant

associate

or
a predecessor or successor organization recognized by the board;

(b)
A program accredited by a regional or specialized and professional
accrediting agency recognized by the council for higher education
accreditation, if the degree is in a course of study with clinical
relevance to the practice of physician
assistants
associates
.

(2)
The individual meets the requirements specified in division (C)(1) or
(3) of section 4730.11 of the Revised Code and had prescriptive
authority while practicing as a physician
assistant

associate

in
another jurisdiction, in any of the armed forces of the United States
or the national guard of any state, or in the United States public
health service commissioned corps.

(D)
The board shall issue a prescriber number to each physician
assistant

associate

licensed
under this chapter who is authorized to exercise physician-delegated
prescriptive authority.

Sec.
4730.19.
(A)
Before initiating supervision of one or more physician
assistants

associates

licensed
under this chapter, a physician shall enter into a supervision
agreement with each physician
assistant

associate

who
will be supervised. A supervision agreement may apply to one or more
physician
assistants
associates
,
but, except as provided in division (B)(2)(f) of this section, may
apply to not more than one physician. The supervision agreement shall
specify that the physician agrees to supervise the physician

assistant

associate

and
the physician
assistant

associate

agrees
to practice under that physician's supervision.

The
agreement shall clearly state that the supervising physician is
legally responsible and assumes legal liability for the services
provided by the physician
assistant
associate
.
The agreement shall be signed by the physician and the physician

assistant
associate
.

(B)
A supervision agreement shall include either or both of the
following:

(1)
If a physician
assistant

associate

will
practice within a health care facility, the agreement shall include
terms that require the physician
assistant

associate

to
practice in accordance with the policies of the health care facility.

(2)
If a physician
assistant

associate

will
practice outside a health care facility, the agreement shall include
terms that specify all of the following:

(a)
The responsibilities to be fulfilled by the physician in supervising
the physician
assistant
associate
;

(b)
The responsibilities to be fulfilled by the physician
assistant

associate

when
performing services under the physician's supervision;

(c)
Any limitations on the responsibilities to be fulfilled by the
physician
assistant
associate
;

(d)
The circumstances under which the physician
assistant

associate

is
required to refer a patient to the supervising physician;

(e)
An agreement that the supervising physician shall complete and sign
the medical certificate of death pursuant to section 3705.16 of the
Revised Code;

(f)
If the supervising physician chooses to designate physicians to act
as alternate supervising physicians, the names, business addresses,
and business telephone numbers of the physicians who have agreed to
act in that capacity.

(C)
A supervision agreement may be amended to modify the responsibilities
of one or more physician
assistants

associates

or
to include one or more additional physician
assistants
associates
.

(D)
The supervising physician who entered into a supervision agreement
shall retain a copy of the agreement in the records maintained by the
supervising physician. Each physician
assistant

associate

who
entered into the supervision agreement shall retain a copy of the
agreement in the records maintained by the physician

assistant
associate
.

(E)(1)
If the board finds, through a review conducted under this section or
through any other means, any of the following, the board may take
disciplinary action against the individual under section 4730.25 or
4731.22 of the Revised Code, impose a civil penalty, or both:

(a)
That a physician
assistant

associate

has
practiced in a manner that departs from, or fails to conform to, the
terms of a supervision agreement entered into under this section;

(b)
That a physician has supervised a physician
assistant

associate

in
a manner that departs from, or fails to conform to, the terms of a
supervision agreement entered into under this section;

(c)
That a physician or physician
assistant

associate

failed
to comply with division (A) or (B) of this section.

(2)
If the board finds, through a review conducted under this section or
through any other means, that a physician or physician
assistant

associate

failed
to comply with division (D) of this section, the board may do either
of the following:

(a)
Take disciplinary action against the individual under section 4730.25
or 4731.22 of the Revised Code, impose a civil penalty, or both;

(b)
Permit the individual to agree in writing to update the records to
comply with division (D) of this section and pay a civil penalty.

(3)
The board's finding in any disciplinary action taken under division
(E) of this section shall be made pursuant to an adjudication
conducted under Chapter 119. of the Revised Code.

(4)
A civil penalty imposed under division (E)(1) or (2)(a) of this
section or paid under division (E)(2)(b) of this section shall be in
an amount specified by the board of not more than five thousand
dollars and shall be deposited in accordance with section 4731.24 of
the Revised Code.

Sec.
4730.20.
(A)
A physician
assistant

associate

licensed
under this chapter may perform any of the following services

authorized
by the supervising physician that are part of the supervising
physician's normal course of practice and expertise:

(1)
Ordering diagnostic, therapeutic, and other medical services;

(2)
Prescribing physical therapy or referring a patient to a physical
therapist for physical therapy;

(3)
Ordering occupational therapy or referring a patient to an
occupational therapist for occupational therapy;

(4)
Taking any action that may be taken by an attending physician under
sections 2133.21 to 2133.26 of the Revised Code, as specified in
section 2133.211 of the Revised Code;

(5)
Determining and pronouncing death in accordance with section 4730.202
of the Revised Code;

(6)
Assisting in surgery;

(7)
If the physician
assistant

associate

holds
a valid prescriber number issued by the state medical board and has
been granted physician-delegated prescriptive authority, ordering,
prescribing, personally furnishing, and administering drugs and
medical devices;

(8)
Any other services that are part of the supervising physician's
normal course of practice and expertise.

(B)
The services a physician
assistant

associate

may
provide under the policies of a health care facility are limited to
the services the facility authorizes the physician
assistant

associate

to
provide for the facility. A facility shall not authorize a physician

assistant

associate

to
perform a service that is prohibited under this chapter. A physician
who is supervising a physician
assistant

associate

within
a health care facility may impose limitations on the physician

assistant's

associate's

practice
that are in addition to any limitations applicable under the policies
of the facility.

Sec.
4730.201.
(A)
As used in this section, "local anesthesia" means the
injection of a drug or combination of drugs to stop or prevent a
painful sensation in a circumscribed area of the body where a painful
procedure is to be performed. "Local anesthesia" includes
only local infiltration anesthesia, digital blocks, and pudendal
blocks.

(B)
A physician
assistant

associate

may
administer, monitor, or maintain local anesthesia as a component of a
procedure the physician
assistant

associate

is
performing or as a separate service when the procedure requiring
local anesthesia is to be performed by the physician
assistant's

associate's

supervising
physician or another person. A physician
assistant

associate

shall
not administer, monitor, or maintain any other form of anesthesia,
including regional anesthesia or any systemic sedation.

Sec.
4730.202.
(A)
A physician
assistant

associate

may
determine and pronounce an individual's death, but only if the
individual's respiratory and circulatory functions are not being
artificially sustained and, at the time the determination and
pronouncement of death is made, either or both of the following
apply:

(1)
The individual was receiving care in one of the following:

(a)
A nursing home licensed under section 3721.02 of the Revised Code or
by a political subdivision under section 3721.09 of the Revised Code;

(b)
A residential care facility or home for the aging licensed under
Chapter 3721. of the Revised Code;

(c)
A county home or district home operated pursuant to Chapter 5155. of
the Revised Code;

(d)
A residential facility licensed under section 5123.19 of the Revised
Code.

(2)
The physician
assistant

associate

is
providing or supervising the individual's care through a hospice care
program licensed under Chapter 3712. of the Revised Code or any other
entity that provides palliative care.

(B)
If a physician
assistant

associate

determines
and pronounces an individual's death, the physician
assistant

associate

shall
comply with both of the following:

(1)
The physician
assistant
associate

shall not complete any portion of the individual's death certificate.

(2)
The physician
assistant
associate

shall notify the individual's attending physician of the
determination and pronouncement of death in order for the physician
to fulfill the physician's duties under section 3705.16 of the
Revised Code. The physician
assistant

associate

shall
provide the notification within a period of time that is reasonable
but not later than twenty-four hours following the determination and
pronouncement of the individual's death.

Sec.
4730.203.
(A)
Acting pursuant to a supervision agreement, a physician
assistant

associate

may
delegate performance of a task to implement a patient's plan of care
or, if the conditions in division (C) of this section are met, may
delegate administration of a drug. Subject to division (D) of section
4730.03 of the Revised Code, delegation may be to any person. The
physician
assistant

associate

must
be physically present at the location where the task is performed or
the drug administered.

(B)
Prior to delegating a task or administration of a drug, a physician

assistant

associate

shall
determine that the task or drug is appropriate for the patient and
the person to whom the delegation is to be made may safely perform
the task or administer the drug.

(C)
A physician
assistant

associate

may
delegate administration of a drug only if all of the following
conditions are met:

(1)
The physician
assistant

associate

has
been granted physician-delegated prescriptive authority and is
authorized to prescribe the drug.

(2)
The drug is not a controlled substance.

(3)
The drug will not be administered intravenously.

(4)
The drug will not be administered in a hospital inpatient care unit,
as defined in section 3727.50 of the Revised Code; a hospital
emergency department; a freestanding emergency department; or an
ambulatory surgical facility licensed under section 3702.30 of the
Revised Code.

(D)
A person not otherwise authorized to administer a drug or perform a
specific task may do so in accordance with a physician
assistant's

associate's

delegation
under this section.

Sec.
4730.204.
(A)
Subject to division (B) of this section, a physician
assistant

associate

may
sign one or more documents relating to any of the following:

(1)
The admission of a patient to a health care facility for the purpose
of receiving psychiatric or other behavioral health care services on
an inpatient basis;

(2)
The discharge of a patient from a health care facility after
receiving inpatient psychiatric or other behavioral health care
services;

(3)
The treatment of a patient while at a health care facility on an
inpatient basis for psychiatric or other behavioral health care
services.

The
documents may include a treatment plan or any medication order that
is part of the treatment plan.

(B)
To be eligible to sign documents described in this section, all of
the following must be satisfied:

(1)
The physician
assistant

associate

is
employed by the health care facility in which a patient is receiving
psychiatric or other behavioral health care services on an inpatient
basis or the physician
assistant

associate

has
been granted appropriate credentials by the facility;

(2)
The physician
assistant's

associate's

supervising
physician is employed by the health care facility in which a patient
is receiving psychiatric or other behavioral health care services on
an inpatient basis or is a member of the facility's medical staff.

(3)
The physician
assistant's

associate's

supervising
physician has authorized the physician
assistant

associate

to
sign documents described in this section for the physician's
patients.

(4)
The policies of the health care facility authorize the physician

assistant

associate

to
sign documents described in this section.

(C)
Notwithstanding section 4730.22 of the Revised Code or any other
conflicting provision of this chapter, a supervising physician who
authorizes a physician
assistant

associate

to
sign one or more documents as described in this section is not liable
for damages in a civil action for injury, death, or loss to person or
property for an act or omission that arises from the physician

assistant

associate

signing
the document, and is not subject to administrative action or criminal
prosecution for an act or omission that arises from the physician

assistant

associate

signing
the document.

Sec.
4730.21.
(A)
The supervising physician of a physician
assistant

associate

exercises
supervision, control, and direction of the physician

assistant
associate
.
A physician
assistant

associate

may
practice in any setting within which the supervising physician has
supervision, control, and direction of the physician

assistant
associate
.

In
supervising a physician
assistant
associate
,
all of the following apply:

(1)
The supervising physician shall be continuously available for direct
communication with the physician
assistant

associate

by
either of the following means:

(a)
Being physically present at the location where the physician

assistant

associate

is
practicing;

(b)
Being readily available to the physician
assistant

associate

through
some means of telecommunication and being in a location that is a
distance from the location where the physician
assistant

associate

is
practicing that reasonably allows the physician to assure proper care
of patients.

(2)
The supervising physician shall personally and actively review the
physician
assistant's

associate's

professional
activities.

(3)
The supervising physician shall ensure that the quality assurance
system established pursuant to division (F) of this section is
implemented and maintained.

(4)
The supervising physician shall regularly perform any other reviews
of the physician
assistant

associate

that
the supervising physician considers necessary.

(B)
A physician may enter into supervision agreements with any number of
physician
assistants
associates
,
but the physician may not supervise more than five physician

assistants

associates

at
any one time. A physician
assistant

associate

may
enter into supervision agreements with any number of supervising
physicians.

(C)
A supervising physician may authorize a physician
assistant

associate

to
perform a service only if the physician is satisfied that the
physician
assistant

associate

is
capable of competently performing the service. A supervising
physician shall not authorize a physician
assistant

associate

to
perform any service that is beyond the physician's or the physician

assistant's

associate's

normal
course of practice and expertise.

(D)
In the case of a health care facility with an emergency department,
if the supervising physician routinely practices in the facility's
emergency department, the supervising physician shall provide on-site
supervision of the physician
assistant

associate

when
the physician
assistant

associate

practices
in the emergency department. If the supervising physician does not
routinely practice in the facility's emergency department, the
supervising physician may, on occasion, send the physician
assistant

associate

to
the facility's emergency department to assess and manage a patient.
In supervising the physician
assistant's

associate's

assessment
and management of the patient, the supervising physician shall
determine the appropriate level of supervision in compliance with the
requirements of divisions (A) to (C) of this section, except that the
supervising physician must be available to go to the emergency
department to personally evaluate the patient and, at the request of
an emergency department physician, the supervising physician shall go
to the emergency department to personally evaluate the patient.

(E)
Each time a physician
assistant

associate

writes
a medical order, including prescriptions written in the exercise of
physician-delegated prescriptive authority, the physician
assistant

associate

shall
sign the form on which the order is written and record on the form
the time and date that the order is written.

(F)(1)
The supervising physician of a physician
assistant

associate

shall
establish a quality assurance system to be used in supervising the
physician
assistant
associate
.
All or part of the system may be applied to other physician

assistants

associates

who
are supervised by the supervising physician. The system shall be
developed in consultation with each physician
assistant

associate

to
be supervised by the physician.

(2)
In establishing the quality assurance system, the supervising
physician shall describe a process to be used for all of the
following:

(a)
Routine review by the physician of selected patient record entries
made by the physician
assistant

associate

and
selected medical orders issued by the physician
assistant
associate
;

(b)
Discussion of complex cases;

(c)
Discussion of new medical developments relevant to the practice of
the physician and physician
assistant
associate
;

(d)
Performance of any quality assurance activities required in rules
adopted by state medical board pursuant to any recommendations made
by the physician
assistant

associate

policy
committee under section 4730.06 of the Revised Code;

(e)
Performance of any other quality assurance activities that the
supervising physician considers to be appropriate.

(3)
The supervising physician and physician
assistant

associate

shall
keep records of their quality assurance activities. On request, the
records shall be made available to the board.

Sec.
4730.22.
(A)
When performing authorized services, a physician
assistant

associate

acts
as the agent of the physician
assistant's

associate's

supervising
physician. The supervising physician is legally responsible and
assumes legal liability for the services provided by the physician

assistant
associate
.

The
physician is not responsible or liable for any services provided by
the physician
assistant

associate

after
their supervision agreement expires or is terminated.

(B)
When a health care facility permits physician
assistants

associates

to
practice within that facility or any other health care facility under
its control, the health care facility shall make reasonable efforts
to explain to each individual who may work with a particular
physician
assistant

associate

the
scope of that physician
assistant's

associate's

practice
within the facility. The appropriate credentialing body within the
health care facility shall provide, on request of an individual
practicing in the facility with a physician
assistant
associate
,
a copy of the facility's policies on the practice of physician

assistants

associates

within
the facility and a copy of each supervision agreement applicable to
the physician
assistant
associate
.

An
individual who follows the orders of a physician
assistant

associate

practicing
in a health care facility is not subject to disciplinary action by
any administrative agency that governs that individual's conduct and
is not liable in damages in a civil action for injury, death, or loss
to person or property resulting from the individual's acts or
omissions in the performance of any procedure, treatment, or other
health care service if the individual reasonably believed that the
physician
assistant

associate

was
acting within the proper scope of practice or was relaying medical
orders from a supervising physician, unless the act or omission
constitutes willful or wanton misconduct.

Sec.
4730.25.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as a physician

assistant

associate

to,
or may revoke the license held by, an individual found by the board
to have committed fraud, misrepresentation, or deception in applying
for or securing the license.

(B)
Except as provided in division (N) 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 an individual's license
to practice as a physician
assistant

associate

or
prescriber number, refuse to issue a license to an applicant, refuse
to renew a license, refuse to reinstate a license, or reprimand or
place on probation the holder of a license for any of the following
reasons:

(1)
Failure to practice in accordance with the supervising physician's
supervision agreement with the physician
assistant
associate
,
including, if applicable, the policies of the health care facility in
which the supervising physician and physician
assistant

associate

are
practicing;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(5)
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;

(6)
Administering drugs for purposes other than those authorized under
this chapter;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
soliciting or advertising for employment as a physician

assistant
associate
;
in connection with any solicitation or advertisement for patients; in
relation to the practice of medicine as it pertains to physician

assistants
associates
;
or in securing or attempting to secure a license to practice as a
physician
assistant
associate
.

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.

(9)
Representing, with the purpose of obtaining compensation or other
advantage personally or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(10)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(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
felony;

(12)
Commission of an act that constitutes a felony 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 committed in the course of practice;

(14)
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;

(15)
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;

(16)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(17)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(18)
Any of the following actions taken by the state agency responsible
for regulating the practice of physician
assistants

associates

in
another state, 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;

(19)
A departure from, or failure to conform to, minimal standards of care
of similar physician
assistants

associates

under
the same or similar circumstances, regardless of whether actual
injury to a patient is established;

(20)
Violation of the conditions placed by the board on a license to
practice as a physician
assistant
associate
;

(21)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(22)
Failure to cooperate in an investigation conducted by the board under
section 4730.26 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board 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;

(23)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(24)
Prescribing any drug or device to perform or induce an abortion, or
otherwise performing or inducing an abortion;

(25)
Failure to comply with section 4730.53 of the Revised Code, unless
the board no longer maintains a drug database pursuant to section
4729.75 of the Revised Code;

(26)
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;

(27)
Having certification by the national commission on certification of
physician
assistants

associates

or
a successor organization expire, lapse, or be suspended or revoked;

(28)
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;

(29)
Failure to comply with terms of a consult agreement entered into with
a pharmacist pursuant to section 4729.39 of the Revised Code;

(30)
Violation of section 4730.57 of the Revised Code.

(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 a
physician
assistant

associate

or
applicant 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.

(D)
For purposes of divisions (B)(12), (15), and (16) 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 applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where 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 the provisions
of this section or upon the board's jurisdiction to take action under
the provisions of 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,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(F)
For purposes of this division, any individual who holds a license
issued under this chapter, or applies for a license issued under this
chapter, 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.

(1)
In enforcing division (B)(4) of this section, the board, upon a
showing of a possible violation, shall refer any individual who
holds, or has applied for, a license issued under 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 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 a physician
assistant

associate

unable
to practice because of the reasons set forth in division (B)(4) of
this section, the board shall require the physician
assistant

associate

to
submit to care, counseling, or treatment by physicians approved or
designated by the board, as a condition for an initial, continued,
reinstated, or renewed license. An individual affected under this
division shall be afforded an opportunity to demonstrate to the board
the ability to resume practicing in compliance with acceptable and
prevailing standards of care.

(2)
For purposes of division (B)(5) of this section, if the board has
reason to believe that any individual who holds a license issued
under this chapter or any applicant for a license 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 qualified to conduct
such examination and 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 deny the individual's
application and shall require the individual, as a condition for
initial, continued, reinstated, or renewed licensure, to submit to
treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the physician
assistant

associate

shall
demonstrate to the board the ability to resume practice or
prescribing in compliance with acceptable and prevailing standards of
care. The demonstration shall include 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 such assessments and shall
describe the basis for their determination.

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

When
the impaired physician
assistant

associate

resumes
practice or prescribing, the board shall require continued monitoring
of the physician
assistant
associate
.
The monitoring shall include 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 falsification
stating whether the physician
assistant

associate

has
maintained sobriety.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend the
individual's license without a prior hearing:

(a)
The secretary and supervising member determine that there is clear
and convincing evidence that a physician
assistant

associate

has
violated division (B) of this section and that the individual's
continued practice or prescribing presents a danger of immediate and
serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, 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 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 physician

assistant

associate

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 physician
assistant

associate

requests
the hearing, unless otherwise agreed to by both the board and the
license holder.

(3)
A 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. 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)(11), (13), or (14) 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 and supporting court documents, the board shall reinstate
the individual's license. 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 opportunity for
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, it may order any of the sanctions identified under
division (B) of this section.

(I)
The license to practice issued to a physician
assistant

associate

and
the physician
assistant's

associate's

practice
in this state are automatically suspended as of the date the
physician
assistant

associate

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 state 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, trafficking in persons, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice after
the suspension shall be considered practicing without a license.

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 is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license to practice.

(J)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and 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 shall be accompanied by a written statement
of the conditions under which the physician
assistant's

associate's

license
may be reinstated. The board shall adopt rules in accordance with
Chapter 119. of the Revised Code governing conditions to be imposed
for reinstatement. Reinstatement of a license 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 to an applicant a license to
practice as a physician
assistant
associate
,
revokes an individual's license, refuses to renew an individual's
license, or refuses to reinstate an individual's license, 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 the license and the board shall not accept an application for
reinstatement of the license or for issuance of a new license.

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

(1)
The surrender of a license issued under this chapter is not effective
unless or until accepted by the board. Reinstatement of a license
surrendered to the board requires an affirmative vote of not fewer
than six members of the board.

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

(3)
Failure by an individual to renew a license in accordance with
section 4730.14 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4730.141 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.

(N)
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.
4730.251.
On
receipt of a notice pursuant to section 3123.43 of the Revised Code,
the state medical board shall comply with sections 3123.41 to 3123.50
of the Revised Code and any applicable rules adopted under section
3123.63 of the Revised Code with respect to a license to practice as
a physician
assistant

associate

issued
pursuant to this chapter.

Sec.
4730.252.
(A)(1)
If a physician
assistant

associate

violates
any section of this chapter other than section 4730.14 of the Revised
Code or violates any rule adopted under this chapter, the state
medical board may, pursuant to an adjudication under Chapter 119. of
the Revised Code and an affirmative vote of not fewer than six of its
members, impose a civil penalty. The amount of the civil penalty
shall be determined by the board in accordance with the guidelines
adopted under division (A)(2) of this section. The civil penalty may
be in addition to any other action the board may take under section
4730.25 of the Revised Code.

(2)
The board shall adopt and may amend guidelines regarding the amounts
of civil penalties to be imposed under this section. Adoption or
amendment of the guidelines requires the approval of not fewer than
six board members.

Under
the guidelines, no civil penalty amount shall exceed twenty thousand
dollars.

(B)
Amounts received from payment of civil penalties imposed under this
section shall be deposited by the board in accordance with section
4731.24 of the Revised Code. Amounts received from payment of civil
penalties imposed for violations of division (B)(5) of section
4730.25 of the Revised Code shall be used by the board solely for
investigations, enforcement, and compliance monitoring.

Sec.
4730.26.
(A)
The state medical board shall investigate evidence that appears to
show that any person has violated this chapter or a rule adopted
under it. In an investigation involving the practice or supervision
of a physician
assistant

associate

pursuant
to the policies of a health care facility, the board may require that
the health care facility provide any information the board considers
necessary to identify either or both of the following:

(1)
The facility's policies for the practice of physician
assistants

associates

within
the facility;

(2)
The services that the facility has authorized a particular physician

assistant

associate

to
provide for the facility.

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

(C)
Investigations of alleged violations of this chapter or rules 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 4730.33 of the Revised Code. The
president may designate another member of the board to supervise the
investigation in place of the supervising member. Upon a vote of the
majority of the board to authorize the addition of a consumer member
in the supervision of any part of any investigation, the president
shall designate a consumer member for supervision of investigations
as determined by the president. The authorization of consumer member
participation in investigation supervision may be rescinded by a
majority vote of the board. A member of the board who supervises the
investigation of a case shall not participate in further adjudication
of the case.

(D)
In investigating a possible violation of this chapter or a rule
adopted under it, the board may administer oaths, order the taking of
depositions, 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. 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 a 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.

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.

A
subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee 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. When
the person being served is a physician
assistant
associate
,
service of the subpoena may be made by certified mail, restricted
delivery, 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.

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.

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

(F)
Information received by the board pursuant to an investigation is
confidential and not subject to discovery in any civil action.

The
board shall conduct all investigations 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 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, 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.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(G)
The state medical board shall develop requirements for and provide
appropriate initial and continuing training for investigators
employed by the board to carry out its duties under this chapter. The
training and continuing education may include enrollment in courses
operated or approved by the Ohio peace officer training commission
that the board considers appropriate under conditions set forth in
section 109.79 of the Revised Code.

(H)
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:

(1)
The case number assigned to the complaint or alleged violation;

(2)
The type of license, if any, held by the individual against whom the
complaint is directed;

(3)
A description of the allegations contained in the complaint;

(4)
Whether witnesses were interviewed;

(5)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(6)
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 submitted to the physician

assistant

associate

policy
committee of the board and is a public record for purposes of section
149.43 of the Revised Code.

(I)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

Sec.
4730.27.
If
the state medical board has reason to believe that any person who has
been granted a license under this chapter to practice as a physician

assistant

associate

is
mentally ill or mentally incompetent, it may file in the probate
court of the county in which such person has a legal residence an
affidavit in the form prescribed in section 5122.11 of the Revised
Code and signed by the board secretary or a member of the secretary's
staff, whereupon the same proceedings shall be had as provided in
Chapter 5122. of the Revised Code. The attorney general may represent
the board in any proceeding commenced under this section.

If
a physician
assistant

associate

is
adjudged by a probate court to be mentally ill or mentally
incompetent, the individual's license shall be automatically
suspended until the individual has filed with the board a certified
copy of an adjudication by a probate court of being restored to
competency or has submitted to the board proof, satisfactory to the
board, of having been discharged as being restored to competency in
the manner and form provided in section 5122.38 of the Revised Code.
The judge of the court shall immediately notify the board of an
adjudication of incompetence and note any suspension of a license in
the margin of the court's record of the license.

Sec.
4730.28.
(A)
This section applies to all of the following:

(1)
An applicant seeking restoration of a license issued under this
chapter that has been in a suspended or inactive state for any cause
for more than two years;

(2)
An applicant seeking issuance of a license pursuant to this chapter
who for more than two years has not been practicing as a physician

assistant

associate

as
either of the following:

(a)
An active practitioner;

(b)
A student in a program as described in division (B) or (C) of section
4730.11 of the Revised Code.

(3)
An applicant seeking to reactivate a license placed on retired
status.

(B)
Before issuing a license to an applicant subject to this section, or
before restoring a license to good standing or reactivating a license
placed on retired status for an applicant subject to this section,
the state medical board may impose terms and conditions including any
one or more of the following:

(1)
Requiring the applicant to pass an oral or written examination, or
both, to determine the applicant's present fitness to resume
practice;

(2)
Requiring the applicant to obtain additional training and to pass an
examination upon completion of such training;

(3)
Requiring an assessment of the applicant's physical skills for
purposes of determining whether the applicant's coordination, fine
motor skills, and dexterity are sufficient for performing evaluations
and procedures in a manner that meets the minimal standards of care;

(4)
Requiring an assessment of the applicant's skills in recognizing and
understanding diseases and conditions;

(5)
Requiring the applicant to undergo a comprehensive physical
examination, which may include an assessment of physical abilities,
evaluation of sensory capabilities, or screening for the presence of
neurological disorders;

(6)
Restricting or limiting the extent, scope, or type of practice of the
applicant.

The
board shall consider the moral background and the activities of the
applicant during the period of suspension, inactivity, or retirement.
The board shall not issue, restore, or reactivate a license under
this section unless the applicant complies with sections 4776.01 to
4776.04 of the Revised Code.

Sec.
4730.31.
(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 to practice as a
physician
assistant

associate

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 practicing as a physician
assistant
associate
,
the prosecutor in the case shall, on forms prescribed and provided by
the state medical board, promptly notify the board of the conviction.
Within thirty days of receipt of such information, the board shall
initiate action in accordance with Chapter 119. of the Revised Code
to determine whether to suspend or revoke the license under section
4730.25 of the Revised Code.

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

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

(2)
A plea of guilty to, a judicial finding of guilt of, or judicial
finding or eligibility for intervention in lieu of conviction for a
misdemeanor committed in the course of practice, or a case where 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 judicial finding of guilt of, or judicial
finding of eligibility for intervention in lieu of conviction for a
misdemeanor involving moral turpitude, or a case where 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 holder, the
nature of the offense for which the action was taken, and the
certified court documents recording the action.

Sec.
4730.32.
(A)
As used in this section, "criminal conduct" and "sexual
misconduct" have the same meanings as in section 4731.224 of the
Revised Code.

(B)(1)
Within thirty days after the imposition of any formal disciplinary
action taken by a health care facility against any individual holding
a valid license to practice as a physician
assistant

associate

issued
under this chapter, the chief administrator or executive officer of
the facility shall report to the state medical board the name of the
individual, the action taken by the facility, and a summary of the
underlying facts leading to the action taken. Upon request, the board
shall be provided certified copies of the patient records that were
the basis for the facility's action. Prior to release to the board,
the summary shall be approved by the peer review committee that
reviewed the case or by the governing board of the facility.

The
filing of a report with the board or decision not to file a report,
investigation by the board, or any disciplinary action taken by the
board, does not preclude a health care facility from taking
disciplinary action against a physician
assistant
associate
.

In
the absence of fraud or bad faith, no individual or entity that
provides patient records to the board shall be liable in damages to
any person as a result of providing the records.

(2)
Within thirty days after commencing an investigation regarding
criminal conduct or sexual misconduct against any individual holding
a valid license to practice issued pursuant to this chapter, a health
care facility, including a hospital, health care facility operated by
a health insuring corporation, ambulatory surgical center, or similar
facility, shall report to the board the name of the individual and a
summary of the underlying facts related to the investigation being
commenced.

(C)(1)
Except as provided in division (C)(2) of this section and subject to
division (C)(3) of this section, a physician
assistant
associate
,
professional association or society of physician

assistants
associates
,
physician, or professional association or society of physicians that
believes a violation of any provision of this chapter, Chapter 4731.
of the Revised Code, or rule of the board has occurred shall report
to the board the information upon which the belief is based.

(2)
A physician
assistant
associate
,
professional association or society of physician

assistants
associates
,
physician, or professional association or society of physicians that
believes that a violation of division (B)(4) or (5) of section
4730.25 of the Revised Code has occurred shall report the information
upon which the belief is based to the monitoring organization
conducting the confidential monitoring program established under
section 4731.25 of the Revised Code. If any such report is made to
the board, it shall be referred to the monitoring organization unless
the board is aware that the individual who is the subject of the
report does not meet the program eligibility requirements of section
4731.252 of the Revised Code.

(3)
If any individual authorized to practice under this chapter or any
professional association or society of such individuals knows or has
reasonable cause to suspect based on facts that would cause a
reasonable person in a similar position to suspect that an individual
authorized to practice under this chapter has committed or
participated in criminal conduct or sexual misconduct, the
information upon which the belief is based shall be reported to the
board within thirty days.

This
division does not apply to a professional association or society
whose staff interacts with members of the association or society only
in advocacy, governance, or educational capacities and whose staff
does not regularly interact with members in practice settings.

(4)
In addition to the self-reporting of criminal offenses that is
required for license renewal, an individual authorized to practice
under this chapter shall report to the board criminal charges
regarding criminal conduct, sexual misconduct, or any conduct
involving the use of a motor vehicle while under the influence of
alcohol or drugs, including offenses that are equivalent offenses
under division (A) of section 4511.181 of the Revised Code,
violations of division (D) of section 4511.194 of the Revised Code,
and violations of division (C) of section 4511.79 of the Revised
Code. Reports under this division shall be made within thirty days of
the criminal charge being filed.

(D)
Any professional association or society composed primarily of
physician
assistants

associates

that
suspends or revokes an individual's membership for violations of
professional ethics, or for reasons of professional incompetence or
professional malpractice, within thirty days after a final decision,
shall report to the board, on forms prescribed and provided by the
board, the name of the individual, the action taken by the
professional organization, and a summary of the underlying facts
leading to the action taken.

The
filing or nonfiling of a report with the board, investigation by the
board, or any disciplinary action taken by the board, shall not
preclude a professional organization from taking disciplinary action
against a physician
assistant
associate
.

(E)
Any insurer providing professional liability insurance to any person
holding a valid license to practice as a physician
assistant

associate

issued
under this chapter or any other entity that seeks to indemnify the
professional liability of a physician
assistant

associate

shall
notify the board within thirty days after the final disposition of
any written claim for damages where such disposition results in a
payment exceeding twenty-five thousand dollars. The notice shall
contain the following information:

(1)
The name and address of the person submitting the notification;

(2)
The name and address of the insured who is the subject of the claim;

(3)
The name of the person filing the written claim;

(4)
The date of final disposition;

(5)
If applicable, the identity of the court in which the final
disposition of the claim took place.

(F)
The board may investigate possible violations of this chapter or the
rules adopted under it that are brought to its attention as a result
of the reporting requirements of this section, except that the board
shall conduct an investigation if a possible violation involves
repeated malpractice. As used in this division, "repeated
malpractice" means three or more claims for malpractice within
the previous five-year period, each resulting in a judgment or
settlement in excess of twenty-five thousand dollars in favor of the
claimant, and each involving negligent conduct by the physician

assistant
associate
.

(G)
All summaries, reports, and records received and maintained by the
board pursuant to this section shall be confidential pursuant to
division (F) of section 4730.26 of the Revised Code.

(H)
Except for reports filed by an individual pursuant to division (B)(2)
or (C) of this section, the board shall send a copy of any reports or
summaries it receives pursuant to this section to the physician

assistant
associate
.
The physician
assistant

associate

shall
have the right to file a statement with the board concerning the
correctness or relevance of the information. The statement shall at
all times accompany that part of the record in contention.

(I)
An individual or entity that reports to the board, reports to the
monitoring organization described in section 4731.25 of the Revised
Code, or refers an impaired physician
assistant

associate

to
a treatment provider approved under section 4731.251 of the Revised
Code shall not be subject to suit for civil damages as a result of
the report, referral, or provision of the information.

(J)
In the absence of fraud or bad faith, a professional association or
society of physician
assistants

associates

that
sponsors a committee or program to provide peer assistance to a
physician
assistant

associate

with
substance abuse problems, a representative or agent of such a
committee or program, a representative or agent of the monitoring
organization described in section 4731.25 of the Revised Code, and a
member of the state medical board shall not be held liable in damages
to any person by reason of actions taken to refer a physician

assistant

associate

to
a treatment provider approved under section 4731.251 of the Revised
Code for examination or treatment.

Sec.
4730.33.
The
secretary of the state medical board shall enforce the laws relating
to the practice of physician
assistants
associates
.
If the secretary has knowledge or notice of a violation of this
chapter or the rules adopted under it, the secretary shall
investigate the matter, and, upon probable cause appearing, file a
complaint and prosecute the offender. When requested by the
secretary, the prosecuting attorney of the proper county shall take
charge of and conduct such prosecution.

In
the prosecution of any person for violation of division (A) of
section 4730.02 of the Revised Code it shall not be necessary to
allege or prove want of a valid license to practice as a physician

assistant
associate
,
but such matters shall be a matter of defense to be established by
the accused.

Sec.
4730.34.
In
the absence of fraud or bad faith, the state medical board, the
board's physician
assistant

associate

policy
committee, a current or former board or committee member, an agent of
the board or committee, a person formally requested by the board to
be the board's representative or by the committee to be the
committee's representative, or an employee of the board or committee
shall not be held liable in damages to any person as the result of
any act, omission, proceeding, conduct, or decision related to
official duties undertaken or performed pursuant to this chapter. If
any such person requests to be defended by the state against any
claim or action arising out of any act, omission, proceeding,
conduct, or decision related to the person's official duties, and if
the request is made in writing at a reasonable time before trial and
the person requesting defense cooperates in good faith in the defense
of the claim or action, the state shall provide and pay for the
person's defense and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay any part of a claim or
judgment that is for punitive or exemplary damages.

Sec.
4730.38.
(A)
The physician
assistant

associate

policy
committee of the state medical board shall, at such times the
committee determines to be necessary, submit to the board
recommendations regarding physician-delegated prescriptive authority
for physician
assistants
associates
.
The committee's recommendations shall address both of the following:

(1)
Policy and procedures regarding physician-delegated prescriptive
authority;

(2)
Any issue the committee considers necessary to assist the board in
fulfilling its duty to adopt rules governing physician-delegated
prescriptive authority.

(B)
Recommendations submitted under this section are subject to the
procedures and time frames specified in division (C) of section
4730.06 of the Revised Code.

Sec.
4730.39.
(A)
The state medical board shall adopt rules governing
physician-delegated prescriptive authority for physician

assistants
associates
.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

(B)
The board's rules governing physician-delegated prescriptive
authority shall establish all of the following:

(1)
Requirements regarding the pharmacology courses that a physician

assistant

associate

is
required to complete;

(2)
A specific prohibition against prescribing any drug or device to
perform or induce an abortion;

(3)
Standards and procedures to be followed by a physician
assistant

associate

in
personally furnishing samples of drugs or complete or partial
supplies of drugs to patients under section 4730.43 of the Revised
Code;

(4)
Any other requirements the board considers necessary to implement the
provisions of this chapter regarding physician-delegated prescriptive
authority.

Sec.
4730.41.
(A)
A physician
assistant
associate

who holds a valid prescriber number issued by the state medical board
is authorized to prescribe and personally furnish drugs and
therapeutic devices in the exercise of physician-delegated
prescriptive authority.

(B)
In exercising physician-delegated prescriptive authority, a physician

assistant

associate

is
subject to all of the following:

(1)
The physician
assistant

associate

shall
exercise physician-delegated prescriptive authority only to the
extent that the physician supervising the physician
assistant

associate

has
granted that authority.

(2)
The physician
assistant

associate

shall
comply with all conditions placed on the physician-delegated
prescriptive authority, as specified by the supervising physician who
is supervising the physician
assistant

associate

in
the exercise of physician-delegated prescriptive authority.

(3)
If the physician
assistant

associate

possesses
physician-delegated prescriptive authority for controlled substances,
the physician
assistant

associate

shall
register with the federal drug enforcement administration.

(4)
If the physician
assistant

associate

possesses
physician-delegated prescriptive authority for schedule II controlled
substances, the physician
assistant

associate

shall
comply with section 4730.411 of the Revised Code.

(5)
If the physician
assistant

associate

possesses
physician-delegated prescriptive authority to prescribe for a minor
an opioid analgesic, as those terms are defined in sections 3719.061
and 3719.01 of the Revised Code, respectively, the physician

assistant

associate

shall
comply with section 3719.061 of the Revised Code.

(6)
The physician
assistant

associate

shall
comply with the requirements of section 4730.44 of the Revised Code.

(C)
A physician
assistant

associate

shall
not prescribe any drug in violation of state or federal law.

Sec.
4730.411.
(A)
Except as provided in division (B) or (C) of this section, a
physician
assistant

associate

may
prescribe to a patient a schedule II controlled substance only if all
of the following are the case:

(1)
The patient is in a terminal condition, as defined in section 2133.01
of the Revised Code.

(2)
The physician
assistant's

associate's

supervising
physician initially prescribed the substance for the patient.

(3)
The prescription is for an amount that does not exceed the amount
necessary for the patient's use in a single, twenty-four-hour period.

(B)
The restrictions on prescriptive authority in division (A) of this
section do not apply if a physician
assistant

associate

issues
the prescription to the patient from any of the following locations:

(1)
A hospital as defined in section 3722.01 of the Revised Code;

(2)
An entity owned or controlled, in whole or in part, by a hospital or
by an entity that owns or controls, in whole or in part, one or more
hospitals;

(3)
A health care facility operated by the department of mental health
and addiction services or the department of developmental
disabilities;

(4)
A nursing home licensed under section 3721.02 of the Revised Code or
by a political subdivision certified under section 3721.09 of the
Revised Code;

(5)
A county home or district home operated under Chapter 5155. of the
Revised Code that is certified under the medicare or medicaid
program;

(6)
A hospice care program, as defined in section 3712.01 of the Revised
Code;

(7)
A community mental health services provider, as defined in section
5122.01 of the Revised Code;

(8)
An ambulatory surgical facility, as defined in section 3702.30 of the
Revised Code;

(9)
A freestanding birthing center, as defined in section 3701.503 of the
Revised Code;

(10)
A federally qualified health center, as defined in section 3701.047
of the Revised Code;

(11)
A federally qualified health center look-alike, as defined in section
3701.047 of the Revised Code;

(12)
A health care office or facility operated by the board of health of a
city or general health district or the authority having the duties of
a board of health under section 3709.05 of the Revised Code;

(13)
A site where a medical practice is operated, but only if the practice
is comprised of one or more physicians who also are owners of the
practice; the practice is organized to provide direct patient care;
and the physician
assistant

associate

has
entered into a supervisory agreement with at least one of the
physician owners who practices primarily at that site;

(14)
A site where a behavioral health practice is operated that does not
qualify as a location otherwise described in division (B) of this
section, but only if the practice is organized to provide outpatient
services for the treatment of mental health conditions, substance use
disorders, or both, and the physician
assistant

associate

providing
services at the site of the practice has entered into a supervisory
agreement with at least one physician who is employed by that
practice.

(C)
A physician
assistant

associate

shall
not issue to a patient a prescription for a schedule II controlled
substance from a convenience care clinic even if the convenience care
clinic is owned or operated by an entity specified in division (B) of
this section.

(D)
A pharmacist who acts in good faith reliance on a prescription issued
by a physician
assistant

associate

under
division (B) of this section is not liable for or subject to any of
the following for relying on the prescription: damages in any civil
action, prosecution in any criminal proceeding, or professional
disciplinary action by the state board of pharmacy under Chapter
4729. of the Revised Code.

Sec.
4730.42.
(A)
In granting physician-delegated prescriptive authority to a
particular physician

assistant

associate
who
holds a valid prescriber number issued by the state medical board,
the supervising physician is subject to all of the following:

(1)
The supervising physician shall not grant physician-delegated
prescriptive authority for any drug or device that may be used to
perform or induce an abortion.

(2)
The supervising physician shall not grant physician-delegated
prescriptive authority in a manner that exceeds the supervising
physician's prescriptive authority, including the physician's
authority to treat chronic pain with controlled substances and
products containing tramadol as described in section 4731.052 of the
Revised Code.

(3)
The supervising physician shall supervise the physician
assistant

associate

in
accordance with both of the following:

(a)
The supervision requirements specified in section 4730.21 of the
Revised Code;

(b)
The supervision agreement entered into with the physician
assistant

associate

under
section 4730.19 of the Revised Code, including, if applicable, the
policies of the health care facility in which the physician and
physician
assistant

associate

are
practicing.

(B)(1)
The supervising physician of a physician
assistant

associate

may
place conditions on the physician-delegated prescriptive authority
granted to the physician
assistant
associate
.
If conditions are placed on that authority, the supervising physician
shall maintain a written record of the conditions and make the record
available to the state medical board on request.

(2)
The conditions that a supervising physician may place on the
physician-delegated prescriptive authority granted to a physician

assistant

associate

include
the following:

(a)
Identification by class and specific generic nomenclature of drugs
and therapeutic devices that the physician chooses not to permit the
physician
assistant

associate

to
prescribe;

(b)
Limitations on the dosage units or refills that the physician

assistant

associate

is
authorized to prescribe;

(c)
Specification of circumstances under which the physician
assistant

associate

is
required to refer patients to the supervising physician or another
physician when exercising physician-delegated prescriptive authority;

(d)
Responsibilities to be fulfilled by the physician in supervising the
physician
assistant

associate

that
are not otherwise specified in the supervision agreement or otherwise
required by this chapter.

Sec.
4730.43.
(A)
A physician
assistant

associate

who
holds a valid prescriber number issued by the state medical board and
has been granted physician-delegated prescriptive authority may
personally furnish to a patient samples of drugs and therapeutic
devices that are included in the physician
assistant's

associate's

physician-delegated
prescriptive authority, subject to all of the following:

(1)
The amount of the sample furnished shall not exceed a
seventy-two-hour supply, except when the minimum available quantity
of the sample is packaged in an amount that is greater than a
seventy-two-hour supply, in which case the physician
assistant

associate

may
furnish the sample in the package amount.

(2)
No charge may be imposed for the sample or for furnishing it.

(3)
Samples of controlled substances may not be personally furnished.

(B)
A physician
assistant

associate

who
holds a valid prescriber number issued by the state medical board and
has been granted physician-delegated prescriptive authority may
personally furnish to a patient a complete or partial supply of the
drugs and therapeutic devices that are included in the physician

assistant's

associate's

physician-delegated
prescriptive authority, subject to all of the following:

(1)
The physician
assistant

associate

shall
personally furnish only antibiotics, antifungals, scabicides,
contraceptives, prenatal vitamins, antihypertensives, drugs and
devices used in the treatment of diabetes, drugs and devices used in
the treatment of asthma, and drugs used in the treatment of
dyslipidemia.

(2)
The physician
assistant

associate

shall
not furnish the drugs and devices in locations other than the
following:

(a)
A health department operated by the board of health of a city or
general health district or the authority having the duties of a board
of health under section 3709.05 of the Revised Code;

(b)
A federally funded comprehensive primary care clinic;

(c)
A nonprofit health care clinic or program;

(d)
An employer-based clinic that provides health care services to the
employer's employees.

(3)
The physician
assistant

associate

shall
comply with all standards and procedures for personally furnishing
supplies of drugs and devices, as established in rules adopted under
section 4730.39 of the Revised Code.

Sec.
4730.432.
(A)(1)
Notwithstanding any conflicting provision of this chapter or rule
adopted by the state medical board, a physician
assistant

associate

who
holds a valid prescriber number issued by the board and has been
granted physician-delegated prescriptive authority may issue a
prescription for or personally furnish a complete or partial supply
of a drug to treat chlamydia, gonorrhea, or trichomoniasis without
having examined the individual for whom the drug is intended, if all
of the following conditions are met:

(a)
The individual is a sexual partner of the physician
assistant's

associate's

patient.

(b)
The patient has been diagnosed with chlamydia, gonorrhea, or
trichomoniasis.

(c)
The patient reports to the physician
assistant

associate

that
the individual is unable or unlikely to be evaluated or treated by a
health professional.

(2)
A prescription issued under this section shall include the
individual's name and address, if known. If the physician
assistant

associate

is
unable to obtain the individual's name and address, the prescription
shall include the patient's name and address and the words "expedited
partner therapy" or the letters "EPT."

(3)
A physician
assistant

associate

may
prescribe or personally furnish a drug under this section for not
more than a total of two individuals who are sexual partners of the
physician
assistant's

associate's

patient.

(B)
For each drug prescribed or personally furnished under this section,
the physician
assistant

associate

shall
do all of the following:

(1)
Provide the patient with information concerning the drug for the
purpose of sharing the information with the individual, including
directions for use of the drug and any side effects, adverse
reactions, or known contraindications associated with the drug;

(2)
Recommend to the patient that the individual seek treatment from a
health professional;

(3)
Document all of the following in the patient's record:

(a)
The name of the drug prescribed or furnished and its dosage;

(b)
That information concerning the drug was provided to the patient for
the purpose of sharing the information with the individual;

(c)
If known, any adverse reactions the individual experiences from
treatment with the drug.

(C)
A physician
assistant

associate

who
prescribes or personally furnishes a drug under this section may
contact the individual for whom the drug is intended.

(1)
If the physician
assistant

associate

contacts
the individual, the physician
assistant

associate

shall
do all of the following:

(a)
Inform the individual that the individual may have been exposed to
chlamydia, gonorrhea, or trichomoniasis;

(b)
Encourage the individual to seek treatment from a health
professional;

(c)
Explain the treatment options available to the individual, including
treatment with a prescription drug, directions for use of the drug,
and any side effects, adverse reactions, or known contraindications
associated with the drug;

(d)
Document in the patient's record that the physician
assistant

associate

contacted
the individual.

(2)
If the physician
assistant

associate

does
not contact the individual, the physician
assistant

associate

shall
document that fact in the patient's record.

(D)
A physician
assistant

associate

who
in good faith prescribes or personally furnishes a drug under this
section is not liable for or subject to any of the following:

(1)
Damages in any civil action;

(2)
Prosecution in any criminal proceeding;

(3)
Professional disciplinary action.

Sec.
4730.433.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician
assistant

associate

who
holds a license issued under this chapter and a valid prescriber
number issued by the state medical board and has been granted
physician-delegated prescriptive authority may do either of the
following without having examined an individual to whom epinephrine
may be administered:

(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and 5101.76 of the Revised Code;

(b)
Issue a prescription for epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and 5101.76 of the Revised Code.

(2)
An epinephrine autoinjector personally furnished or prescribed under
division (A)(1) of this section must be furnished or prescribed in
such a manner that it may be administered only in a manufactured
dosage form.

(B)
A physician
assistant

associate

who
acts in good faith in accordance with this section is not liable for
or subject to any of the following for any action or omission of an
entity to which an epinephrine autoinjector is furnished or a
prescription is issued: damages in any civil action, prosecution in
any criminal proceeding, or professional disciplinary action.

Sec.
4730.437.
(A)(1)
Subject to division (A)(2) of this section and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician
assistant

associate

who
holds a valid prescriber number issued by the board and has been
granted physician-delegated prescriptive authority may do either of
the following without having examined an individual to whom glucagon
may be administered:

(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60, 3328.38, or 5101.78 of the Revised Code;

(b)
Issue a prescription for injectable or nasally administered glucagon
in accordance with section 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, or 5101.78 of the Revised Code.

(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.

(B)
A physician
assistant

associate

who
acts in good faith in accordance with this section is not liable for
or subject to any of the following for any action or omission of an
entity to which injectable or nasally administered glucagon is
furnished or a prescription is issued: damages in any civil action,
prosecution in any criminal proceeding, or professional disciplinary
action.

Sec.
4730.44.
(A)
As used in this section:

(1)
"Military" means the armed forces of the United States or
the national guard of any state, including any health care facility
or clinic operated by the United States department of veterans
affairs.

(2)
"Public health service" means the United States public
health service commissioned corps.

(B)
During the first five hundred hours of a physician
assistant's

associate's

exercise
of physician-delegated prescriptive authority, the physician

assistant

associate

shall
exercise that authority only under the on-site supervision of a
supervising physician. This requirement is met by a physician

assistant

associate

practicing
in the military or the public health service if the supervision is
provided by a person licensed, or otherwise authorized, by any
jurisdiction to practice medicine and surgery or osteopathic medicine
and surgery.

(C)
A physician
assistant

associate

shall
be excused from the requirement established in division (B) of this
section if either of the following is the case:

(1)
Prior to application under section 4730.10 of the Revised Code, the
physician
assistant

associate

held
a prescriber number, or the equivalent, from another jurisdiction and
practiced with prescriptive authority in that jurisdiction for not
less than one thousand hours.

(2)
Prior to application under section 4730.10 of the Revised Code, the
physician
assistant

associate

practiced
with prescriptive authority in the military or public health service
for not less than one thousand hours.

(D)
A record of a physician
assistant's

associate's

completion
of the hours required by division (B) of this section, issuance of a
prescriber number or equivalent by another jurisdiction, or practice
in the military or public health service shall be kept in the records
maintained by a supervising physician of the physician

assistant
associate
.
The record shall be made available for inspection by the board.

Sec.
4730.49.
(A)
To be eligible for renewal of a license to practice as a physician

assistant
associate
,
an applicant who has been granted physician-delegated prescriptive
authority is subject to both of the following:

(1)
The applicant shall complete every two years at least twelve hours of
continuing education in pharmacology obtained through a program or
course approved by the state medical board or a person the board has
authorized to approve continuing pharmacology education programs and
courses. Except as provided in section 5903.12 of the Revised Code,
the continuing education shall be completed not later than the date
on which the applicant's license expires.

(2)(a)
Except as provided in division (A)(2)(b) of this section, in the case
of an applicant who prescribes 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)(2)(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 as a physician
assistant

associate

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 4730.25 of
the Revised Code.

(B)
The state medical board shall provide for pro rata reductions by
month of the number of hours of continuing education in pharmacology
that is required to be completed for physician
assistants

associates

who
have been disabled due to illness or accident or have been absent
from the country. The board shall adopt rules, in accordance with
Chapter 119. of the Revised Code, as necessary to implement this
division.

(C)
The continuing education required by this section is in addition to
the continuing education required under section 4730.14 of the
Revised Code.

(D)
If the board chooses to authorize persons to approve continuing
pharmacology education programs and courses, it shall establish
standards for granting that authority and grant the authority in
accordance with the standards.

Sec.
4730.53.
(A)
As used in this section:

(1)
"Drug database" means the database established and
maintained by the state board of pharmacy pursuant to section 4729.75
of the Revised Code.

(2)
"Opioid analgesic" and "benzodiazepine" have the
same meanings as in section 3719.01 of the Revised Code.

(B)
Except as provided in divisions (C) and (E) of this section, a
physician
assistant

associate

licensed
under this chapter who has been granted physician-delegated
prescriptive authority shall comply with all of the following as
conditions of prescribing a drug that is either an opioid analgesic
or a benzodiazepine as part of a patient's course of treatment for a
particular condition:

(1)
Before initially prescribing the drug, the physician
assistant

associate

or
the physician
assistant's

associate's

delegate
shall request from the drug database a report of information related
to the patient that covers at least the twelve months immediately
preceding the date of the request. If the physician
assistant

associate

practices
primarily in a county of this state that adjoins another state, the
physician
assistant

associate

or
delegate also shall request a report of any information available in
the drug database that pertains to prescriptions issued or drugs
furnished to the patient in the state adjoining that county.

(2)
If the patient's course of treatment for the condition continues for
more than ninety days after the initial report is requested, the
physician
assistant

associate

or
delegate shall make periodic requests for reports of information from
the drug database until the course of treatment has ended. The
requests shall be made at intervals not exceeding ninety days,
determined according to the date the initial request was made. The
request shall be made in the same manner provided in division (B)(1)
of this section for requesting the initial report of information from
the drug database.

(3)
On receipt of a report under division (B)(1) or (2) of this section,
the physician
assistant

associate

shall
assess the information in the report. The physician
assistant

associate

shall
document in the patient's record that the report was received and the
information was assessed.

(C)
Division (B) of this section does not apply in any of the following
circumstances:

(1)
A drug database report regarding the patient is not available, in
which case the physician
assistant

associate

shall
document in the patient's record the reason that the report is not
available.

(2)
The drug is prescribed in an amount indicated for a period not to
exceed seven days.

(3)
The drug is prescribed for the treatment of cancer or another
condition associated with cancer.

(4)
The drug is prescribed to a hospice patient in a hospice care
program, as those terms are defined in section 3712.01 of the Revised
Code, or any other patient diagnosed as terminally ill.

(5)
The drug is prescribed for administration in a hospital, nursing
home, or residential care facility.

(D)
The state medical board may adopt rules that establish standards and
procedures to be followed by a physician
assistant

associate

licensed
under this chapter who has been granted physician-delegated
prescriptive authority regarding the review of patient information
available through the drug database under division (A)(5) of section
4729.80 of the Revised Code. The rules shall be adopted in accordance
with Chapter 119. of the Revised Code.

(E)
This section and any rules adopted under it do not apply if the state
board of pharmacy no longer maintains the drug database.

Sec.
4730.55.
(A)
As used in this section:

(1)
"Controlled substance," "schedule III," "schedule
IV," and "schedule V" have the same meanings as in
section 3719.01 of the Revised Code.

(2)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(B)
The state medical board shall adopt rules that establish standards
and procedures to be followed by physician
assistants

associates

in
the use of all drugs approved by the United States food and drug
administration for use in medication-assisted treatment, including
controlled substances in schedule III, IV, or V. The rules shall
address detoxification, relapse prevention, patient assessment,
individual treatment planning, counseling and recovery supports,
diversion control, and other topics selected by the board after
considering best practices in medication-assisted treatment.

The
board may apply the rules to all circumstances in which a physician

assistant

associate

prescribes
drugs for use in medication-assisted treatment or limit the
application of the rules to prescriptions for medication-assisted
treatment issued for patients being treated in office-based practices
or other practice types or locations specified by the board.

(C)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code. The rules shall be consistent
with rules adopted under sections 4723.51 and 4731.056 of the Revised
Code.

Sec.
4730.56.
(A)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(B)
A physician
assistant

associate

shall
comply with section 3719.064 of the Revised Code and rules adopted
under section 4730.55 of the Revised Code when treating a patient
with medication-assisted treatment or proposing to initiate such
treatment.

Sec.
4730.57.
(A)
As used in this section, "intimate examination" means a
pelvic, prostate, or rectal examination.

(B)
Except as provided in division (C) of this section, a physician

assistant

associate

or
student enrolled in a program or course of study described in
division (B) of section 4730.11 of the Revised Code shall not
perform, or authorize another individual to perform, an intimate
examination on an anesthetized or unconscious patient.

(C)
Division (B) of this section does not apply in any of the following
circumstances:

(1)
The performance of an intimate examination is within the scope of
care for the surgical procedure or diagnostic examination to be
performed on the patient.

(2)
The patient or the patient's legal representative gives specific,
informed consent for the intimate examination, consistent with
division (D) of this section.

(3)
An intimate examination is required for diagnostic purposes or
treatment of the patient's medical condition.

(D)
To obtain informed consent for purposes of division (C)(2) of this
section, the physician
assistant

associate

shall
do all of the following:

(1)
Provide the patient or the patient's legal representative with a
written or electronic informed consent form that meets all of the
following requirements:

(a)
Is a separate consent form or is included as a distinct or separate
section of a general consent form;

(b)
Contains the following heading at the top of the form or section:
"CONSENT FOR INTIMATE EXAMINATION";

(c)
Specifies the nature and purpose of the intimate examination;

(d)
Informs the patient or the patient's legal representative that a
student may be present if the patient or the patient's legal
representative authorizes a student to perform the intimate
examination or observe the intimate examination in person or through
electronic means;

(e)
Allows the patient or the patient's legal representative the
opportunity to consent to or refuse the intimate examination;

(f)
Permits a patient or the patient's legal representative who consents
to an intimate examination to consent to or refuse a student
performing or observing the intimate examination in person or through
electronic means.

(2)
Provide the patient or the patient's legal representative with a
meaningful opportunity to ask questions about the intimate
examination;

(3)
Obtain the signature of the patient or the patient's legal
representative on the informed consent form;

(4)
Sign the informed consent form.

Sec.
4730.60.
A
physician
assistant

associate

may
provide telehealth services in accordance with section 4743.09 of the
Revised Code.

Sec.
4731.053.
(A)
As used in this section, "physician" means an individual
authorized by this chapter to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(B)
The state medical board shall adopt rules that establish standards to
be met and procedures to be followed by a physician with respect to
the physician's delegation of the performance of a medical task to a
person who is not licensed or otherwise specifically authorized by
the Revised Code to perform the task. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code and shall include a
coroner's investigator among the individuals who are competent to
recite the facts of a deceased person's medical condition to a
physician so that the physician may pronounce the person dead without
personally examining the body.

(C)
To the extent that delegation applies to the administration of drugs,
the rules adopted under this section shall provide for all of the
following:

(1)
On-site supervision when the delegation occurs in an institution or
other facility that is used primarily for the purpose of providing
health care, unless the board establishes a specific exception to the
on-site supervision requirement with respect to routine
administration of a topical drug, such as the use of a medicated
shampoo;

(2)
Evaluation of whether delegation is appropriate according to the
acuity of the patient involved;

(3)
Training and competency requirements that must be met by the person
administering the drugs;

(4)
Other standards and procedures the board considers relevant.

(D)
The board shall not adopt rules that do any of the following:

(1)
Authorize a physician to transfer the physician's responsibility for
supervising a person who is performing a delegated medical task to a
health professional other than another physician;

(2)
Authorize an individual to whom a medical task is delegated to
delegate the performance of that task to another individual;

(3)
Except as provided in divisions (D)(4) to (7) of this section,
authorize a physician to delegate the administration of anesthesia,
controlled substances, drugs administered intravenously, or any other
drug or category of drug the board considers to be inappropriate for
delegation;

(4)
Prevent an individual from engaging in an activity performed for a
child with a disability as a service needed to meet the educational
needs of the child, as identified in the individualized education
program developed for the child under Chapter 3323. of the Revised
Code;

(5)
Conflict with any provision of the Revised Code that specifically
authorizes an individual to perform a particular task;

(6)
Conflict with any rule adopted pursuant to the Revised Code that is
in effect on April 10, 2001, as long as the rule remains in effect,
specifically authorizing an individual to perform a particular task;

(7)
Prohibit a perfusionist from administering drugs intravenously while
practicing as a perfusionist;

(8)
Authorize a physician
assistant
associate
,
anesthesiologist assistant, or any other professional regulated by
the board to delegate tasks pursuant to this section.

Sec.
4731.054.
(A)
As used in this section:

(1)
"Chronic pain" has the same meaning as in section 4731.052
of the Revised Code.

(2)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(3)
"Hospice care program" means a program licensed under
Chapter 3712. of the Revised Code.

(4)
"Hospital" means a hospital registered with the department
of health under section 3701.07 of the Revised Code.

(5)
"Owner" means each person included on the list maintained
under division (B)(6) of section 4729.552 of the Revised Code.

(6)(a)
"Pain management clinic" means a facility to which both of
the following apply:

(i)
The majority of patients of the prescribers at the facility are
provided treatment for chronic pain through the use of controlled
substances, tramadol, or other drugs specified in rules adopted under
this section;

(ii)
The facility meets any other identifying criteria established in
rules adopted under this section.

(b)
"Pain management clinic" does not include any of the
following:

(i)
A hospital;

(ii)
A facility operated by a hospital for the treatment of chronic pain;

(iii)
A physician practice owned or controlled, in whole or in part, by a
hospital or by an entity that owns or controls, in whole or in part,
one or more hospitals;

(iv)
A school, college, university, or other educational institution or
program to the extent that it provides instruction to individuals
preparing to practice as physicians, podiatrists, dentists, nurses,
physician
assistants
associates
,
optometrists, or veterinarians or any affiliated facility to the
extent that it participates in the provision of that instruction;

(v)
A hospice care program with respect to its hospice patients;

(vi)
A hospice care program with respect to its provision of palliative
care in an inpatient facility or unit to patients who are not hospice
patients, as authorized by section 3712.10 of the Revised Code, but
only in the case of those palliative care patients who have a
life-threatening illness;

(vii)
A palliative care inpatient facility or unit that does not admit
hospice patients and is not otherwise excluded as a pain management
clinic under division (A)(6)(b) of this section, but only in the case
of those palliative care patients who have a life-threatening
illness;

(viii)
An ambulatory surgical facility licensed under section 3702.30 of the
Revised Code;

(ix)
An interdisciplinary pain rehabilitation program with three-year
accreditation from the commission on accreditation of rehabilitation
facilities;

(x)
A nursing home licensed under section 3721.02 of the Revised Code or
by a political subdivision certified under section 3721.09 of the
Revised Code;

(xi)
A facility conducting only clinical research that may use controlled
substances 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.

(7)
"Physician" means an individual authorized under this
chapter to practice medicine and surgery or osteopathic medicine and
surgery.

(8)
"Prescriber" has the same meaning as in section 4729.01 of
the Revised Code.

(B)
Each owner shall supervise, control, and direct the activities of
each individual, including an employee, volunteer, or individual
under contract, who provides treatment of chronic pain at the pain
management clinic or is associated with the provision of that
treatment. The supervision, control, and direction shall be provided
in accordance with rules adopted under this section.

(C)
The state medical board shall adopt rules in accordance with Chapter
119. of the Revised Code that establish all of the following:

(1)
Standards and procedures for the operation of a pain management
clinic;

(2)
Standards and procedures to be followed by a physician who provides
care at a pain management clinic;

(3)
For purposes of division (A)(5)(a)(i) of this section, the other
drugs used to treat chronic pain that identify a facility as a pain
management clinic;

(4)
For purposes of division (A)(5)(a)(ii) of this section, the other
criteria that identify a facility as a pain management clinic;

(5)
For purposes of division (B) of this section, standards and
procedures to be followed by an owner in providing supervision,
direction, and control of individuals at a pain management clinic.

(D)
The board may impose a fine of not more than twenty thousand dollars
on a physician who fails to comply with rules adopted under this
section. The fine may be in addition to or in lieu of any other
action that may be taken under section 4731.22 of the Revised Code.
The board shall deposit any amounts received under this division in
accordance with section 4731.24 of the Revised Code.

(E)(1)
The board may inspect either of the following as the board determines
necessary to ensure compliance with this chapter and any rules
adopted under it regarding pain management clinics:

(a)
A pain management clinic;

(b)
A facility or physician practice that the board suspects is operating
as a pain management clinic in violation of this chapter.

(2)
The board's inspection shall be conducted in accordance with division
(F) of section 4731.22 of the Revised Code.

(3)
Before conducting an on-site inspection, the board shall provide
notice to the owner or other person in charge of the facility or
physician practice, except that the board is not required to provide
the notice if, in the judgment of the board, the notice would
jeopardize an investigation being conducted by the board.

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; does not include making a report
as described in division (F) of section 2921.22 and section 4731.224
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

associate

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

(50)
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)
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;

(52)
Violation of section 4731.77 of the Revised Code;

(53)
Failure of a physician supervising a certified mental health
assistant to maintain supervision in accordance with the requirements
of Chapter 4772. of the Revised Code and the rules adopted under that
chapter.

(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. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. 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.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(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)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
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.

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or certificate to practice or certificate to
recommend without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

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

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

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct constitutes a
violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, 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.

(3)
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,
trafficking in persons, 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.

(Q)
A license or certificate to practice or certificate to recommend
issued to an individual under this chapter and an individual's
practice under this chapter in this state are automatically suspended
if the individual's license or certificate to practice a health care
occupation or provide health care services is suspended, revoked, or
surrendered or relinquished in lieu of discipline 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. The automatic suspension
begins immediately upon entry of the order by the agency and lasts
for ninety days to permit the board to investigate the basis for the
action under this chapter. Continued practice during the automatic
suspension shall be considered practicing without a license or
certificate.

The
board shall notify the individual subject to the automatic suspension
by certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual subject to an automatic suspension
under this division fails to make a timely request for an
adjudication under Chapter 119. 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.

Sec.
4731.2210.
(A)
As used in this section:

(1)
"Key third party" means an individual closely involved in a
patient's decision-making regarding health care services, including a
patient's spouse or partner, parents, children, siblings, or
guardians. An individual's status as a key third party ceases upon
termination of a practitioner-patient relationship or termination of
the relationship between a patient and the individual.

(2)
"Practitioner" means any of the following:

(a)
An individual authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, podiatric medicine and
surgery, or a limited branch of medicine;

(b)
An individual licensed under Chapter 4730. of the Revised Code to
practice as a physician
assistant
associate
;

(c)
An individual authorized under Chapter 4759. of the Revised Code to
practice as a dietitian;

(d)
An individual authorized under Chapter 4760. of the Revised Code to
practice as an anesthesiologist assistant;

(e)
An individual authorized under Chapter 4761. of the Revised Code to
practice respiratory care;

(f)
An individual authorized under Chapter 4762. of the Revised Code to
practice as an acupuncturist or oriental medicine practitioner;

(g)
An individual authorized under Chapter 4774. of the Revised Code to
practice as a radiologist assistant;

(h)
An individual licensed under Chapter 4778. of the Revised Code to
practice as a genetic counselor.

(3)
"Sexual misconduct" has the same meaning as in section
4731.224 of the Revised Code.

(B)
Except as provided in division (D) of this section, the state medical
board may require a practitioner that is subject to a probationary
order of the board that is made on or after
the
effective date of this section
March
21, 2025
,
and that involves a circumstance described in division (C) of this
section, to provide to each patient, or to the patient's guardian or
a key third party, a written disclosure signed by the practitioner
that includes all of the following:

(1)
The practitioner's probation status;

(2)
The total length of the probation;

(3)
The probation end date;

(4)
Practice restrictions placed on the practitioner by the board;

(5)
The board's telephone number;

(6)
An explanation of how the patient can find additional information
regarding the probation on the practitioner's profile page on the
board's internet web site.

The
written disclosure, if required by the board, shall be provided
before the patient's first visit following the probationary order of
the board. The practitioner shall obtain a copy of the disclosure
signed by the patient, or the patient's guardian or a key third
party, and maintain the signed copy in the patient's medical record.
The signed copy shall be made available to the board immediately upon
request.

(C)
The written disclosure described in division (B) of this section
applies in both of the following circumstances:

(1)
Issuance by the board of a final order, final adjudicative order
under Chapter 119. of the Revised Code, or a consent agreement that
is ratified by an affirmative vote of not fewer than six members of
the board establishing any of the following:

(a)
Commission of any act of sexual misconduct with a patient or key
third party;

(b)
Drug or alcohol abuse directly resulting in patient harm, or that
impairs the ability of the practitioner to practice safely;

(c)
Criminal conviction directly resulting in harm to patient health;

(d)
Inappropriate prescribing directly resulting in patient harm.

(2)
A statement of issues alleged that the practitioner committed any of
the acts described in divisions (C)(1)(a) through (d) and,
notwithstanding a lack of admission of guilt, a consent agreement
ratified by an affirmative vote of not fewer than six members of the
board includes express acknowledgement that the disclosure
requirements of this section would serve to protect the public
interest.

(D)
Written disclosure as described in this section is not required in
the following circumstances:

(1)
The patient is unconscious or otherwise unable to comprehend the
disclosure and sign it, and a guardian or a key third party is
unavailable to comprehend and sign it;

(2)
The direct patient interaction occurs in an emergency department or
otherwise occurs as an immediate result of a medical emergency;

(3)
The practitioner does not have a direct treatment relationship with
the patient and does not have direct contact or direct communication
with the patient.

(E)
The board shall provide the following information regarding
practitioners on probation and those practicing under probationary
status, in plain view on a practitioner's profile page on the board's
internet web site:

(1)
Formal action documents detailing the citation, reports and
recommendations, board order, and consent agreement;

(2)
The length of the probation and the end date;

(3)
Practice restrictions placed on the practitioner by the board.

(F)
The board shall provide a sample probation disclosure letter on its
internet web site to be used by practitioners to comply with this
section.

Sec.
4731.25.
(A)
As used in this section and in sections 4731.251 to 4731.255 of the
Revised Code:

(1)
"Applicant" means an individual who has applied under
Chapter 4730., 4731., 4759., 4760., 4761., 4762., 4772., 4774., or
4778. of the Revised Code for a license, training or other
certificate, limited permit, or other authority to practice as any
one of the following practitioners: a physician
assistant
associate
,
physician, podiatrist, limited branch of medicine practitioner,
dietitian, anesthesiologist assistant, respiratory care professional,
acupuncturist, certified mental health assistant, radiologist
assistant, or genetic counselor. "Applicant" may include an
individual who has been granted authority by the state medical board
to practice as one type of practitioner, but has applied for
authority to practice as another type of practitioner.

(2)
"Impaired" or "impairment" means either or both
of the following:

(a)
Impairment of ability to practice as described in division (B)(5) of
section 4730.25, division (B)(26) of section 4731.22, division
(A)(18) of section 4759.07, division (B)(6) of section 4760.13,
division (A)(18) of section 4761.09, division (B)(6) of section
4762.13, division (B)(6) of section 4772.20, division (B)(6) of
section 4774.13, or division (B)(6) of section 4778.14 of the Revised
Code;

(b)
Inability to practice as described in division (B)(4) of section
4730.25, division (B)(19) of section 4731.22, division (A)(14) of
section 4759.07, division (B)(5) of section 4760.13, division (A)(14)
of section 4761.09, division (B)(5) of section 4762.13, division
(B)(5) of section 4774.13, or division (B)(5) of section 4778.14 of
the Revised Code.

(3)
"Practitioner" means any of the following:

(a)
An individual authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, podiatric medicine and
surgery, or a limited branch of medicine;

(b)
An individual licensed under Chapter 4730. of the Revised Code to
practice as a physician
assistant
associate
;

(c)
An individual authorized under Chapter 4759. of the Revised Code to
practice as a dietitian;

(d)
An individual authorized under Chapter 4760. of the Revised Code to
practice as an anesthesiologist assistant;

(e)
An individual authorized under Chapter 4761. of the Revised Code to
practice respiratory care;

(f)
An individual licensed under Chapter 4762. of the Revised Code to
practice as an acupuncturist;

(g)
An individual licensed under Chapter 4772. of the Revised Code to
practice as a certified mental health assistant;

(h)
An individual licensed under Chapter 4774. of the Revised Code to
practice as a radiologist assistant;

(i)
An individual licensed under Chapter 4778. of the Revised Code to
practice as a genetic counselor.

(B)
The state medical board shall establish a confidential,
nondisciplinary program for the evaluation and treatment of
practitioners and applicants who are, or may be, impaired and also
meet the eligibility conditions described in section 4731.252 or
4731.253 of the Revised Code. The program shall be known as the
confidential monitoring program.

The
board shall contract with a monitoring organization to conduct the
program and perform monitoring services. To be qualified to contract
with the board, an organization shall meet all of the following
requirements:

(1)
Be a professionals health program sponsored by one or more
professional associations or societies of practitioners;

(2)
Be organized as a not-for-profit entity and exempt from federal
income taxation under subsection 501(c)(3) of the Internal Revenue
Code;

(3)
Contract with or employ a medical director who is authorized under
this chapter to practice medicine and surgery or osteopathic medicine
and surgery and specializes or has training and expertise in
addiction medicine;

(4)
Contract with or employ licensed health care professionals necessary
for the organization's operation.

(C)
The monitoring organization shall do all of the following pursuant to
the contract:

(1)
Receive from the board a referral regarding an applicant or receive
any report of suspected practitioner impairment from any source,
including from the board;

(2)
Notify a practitioner who is the subject of a report received under
division (C)(1) of this section that the report has been made and
that the practitioner may be eligible to participate in the program
conducted under this section;

(3)
Provide a practitioner who is the subject of a report received under
division (C)(1) of this section with the list of approved evaluators
and treatment providers prepared and updated as described in section
4731.251 of the Revised Code;

(4)
Determine whether a practitioner reported or applicant referred to
the monitoring organization is eligible to participate in the
program, which in the case of an applicant may include evaluating
records as described in division (E)(1)(d) of this section, and
notify the practitioner or applicant of the determination;

(5)
In the case of a practitioner reported by a treatment provider,
notify the treatment provider of the eligibility determination;

(6)
Report to the board any practitioner or applicant who is determined
ineligible to participate in the program;

(7)
Refer an eligible practitioner who chooses to participate in the
program for evaluation by an evaluator approved by the monitoring
organization, unless the report received by the monitoring
organization was made by an approved evaluator and the practitioner
has already been evaluated;

(8)
Monitor the evaluation of an eligible practitioner;

(9)
Refer an eligible practitioner who chooses to participate in the
program to a treatment provider approved by the monitoring
organization;

(10)
Establish, in consultation with the treatment provider to which a
practitioner is referred, the terms and conditions with which the
practitioner must comply for continued participation in and
successful completion of the program;

(11)
Report to the board any practitioner who does not complete evaluation
or treatment or does not comply with any of the terms and conditions
established by the monitoring organization and the treatment
provider;

(12)
Perform any other activities specified in the contract with the board
or that the monitoring organization considers necessary to comply
with this section and sections 4731.251 to 4731.255 of the Revised
Code.

(D)
The monitoring organization shall not disclose to the board the name
of a practitioner or applicant or any records relating to a
practitioner or applicant, unless any of the following occurs:

(1)
The practitioner or applicant is determined to be ineligible to
participate in the program.

(2)
The practitioner or applicant requests the disclosure.

(3)
The practitioner or applicant is unwilling or unable to complete or
comply with any part of the program, including evaluation, treatment,
or monitoring.

(4)
The practitioner or applicant presents an imminent danger to oneself
or the public, as a result of the practitioner's or applicant's
impairment.

(5)
The practitioner's impairment has not been substantially alleviated
by participation in the program.

(E)(1)
The monitoring organization shall develop procedures governing each
of the following:

(a)
Receiving reports of practitioner impairment;

(b)
Notifying practitioners of reports and eligibility determinations;

(c)
Receiving applicant referrals as described in section 4731.253 of the
Revised Code;

(d)
Evaluating records of referred applicants, in particular records from
other jurisdictions regarding prior treatment for impairment or
current or continued monitoring;

(e)
Notifying applicants of eligibility determinations;

(f)
Referring eligible practitioners for evaluation or treatment;

(g)
Establishing individualized treatment plans for eligible
practitioners, as recommended by treatment providers;

(h)
Establishing individualized terms and conditions with which eligible
practitioners or applicants must comply for continued participation
in and successful completion of the program.

(2)
The monitoring organization, in consultation with the board, shall
develop procedures governing each of the following:

(a)
Providing reports to the board on a periodic basis on the total
number of practitioners or applicants participating in the program,
without disclosing the names or records of any program participants
other than those about whom reports are required by this section;

(b)
Reporting to the board any practitioner or applicant who due to
impairment presents an imminent danger to oneself or the public;

(c)
Reporting to the board any practitioner or applicant who is unwilling
or unable to complete or comply with any part of the program,
including evaluation, treatment, or monitoring;

(d)
Reporting to the board any practitioner or applicant whose impairment
was not substantially alleviated by participation in the program.

Sec.
4731.297.
(A)
As used in this section:

(1)
"Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics partnering to do all of the
following:

(a)
Provide the highest quality of patient care from expert physicians;

(b)
Conduct groundbreaking research leading to medical advancements for
current and future patients;

(c)
Provide medical education and graduate medical education to educate
and train physicians.

(2)
"Affiliated physician group practice" means a medical
practice that consists of one or more physicians authorized under
this chapter to practice medicine and surgery or osteopathic medicine
and surgery and that is affiliated with an academic medical center to
further the objectives described in divisions (A)(1)(a) to (c) of
this section.

(B)
The state medical board shall issue, without examination, to an
applicant who meets the requirements of this section a certificate of
conceded eminence authorizing the practice of medicine and surgery or
osteopathic medicine and surgery as part of the applicant's
employment with an academic medical center in this state or
affiliated physician group practice in this state.

(C)
To be eligible for a certificate of conceded eminence, an applicant
shall provide to the board all of the following:

(1)
Evidence satisfactory to the board of all of the following:

(a)
That the applicant is an international medical graduate who holds a
medical degree from an educational institution listed in the
international medical education directory;

(b)
That the applicant has been appointed to serve in this state as a
full-time faculty member of a medical school accredited by the
liaison committee on medical education or an osteopathic medical
school accredited by the American osteopathic association;

(c)
That the applicant has accepted an offer of employment with an
academic medical center in this state or affiliated physician group
practice in this state;

(d)
That the applicant holds a license in good standing in another state
or country authorizing the practice of medicine and surgery or
osteopathic medicine and surgery;

(e)
That the applicant has unique talents and extraordinary abilities not
generally found within the applicant's specialty, as demonstrated by
satisfying at least four of the following:

(i)
The applicant has achieved educational qualifications beyond those
that are required for entry into the applicant's specialty, including
advanced degrees, special certifications, or other academic
credentials.

(ii)
The applicant has written multiple articles in journals listed in the
index medicus or an equivalent scholarly publication acceptable to
the board.

(iii)
The applicant has a sustained record of excellence in original
research, at least some of which involves serving as the principal
investigator or co-principal investigator for a research project.

(iv)
The applicant has received nationally or internationally recognized
prizes or awards for excellence.

(v)
The applicant has participated in peer review in a field of
specialization that is the same as or similar to the applicant's
specialty.

(vi)
The applicant has developed new procedures or treatments for complex
medical problems that are recognized by peers as a significant
advancement in the applicable field of medicine.

(vii)
The applicant has held previous academic appointments with or been
employed by a health care organization that has a distinguished
national or international reputation.

(viii)
The applicant has been the recipient of a national institutes of
health or other competitive grant award.

(f)
That the applicant has received staff membership or professional
privileges from the academic medical center pursuant to standards
adopted under section 3701.351 of the Revised Code on a basis that
requires the applicant's medical education and graduate medical
education to be at least equivalent to that of a physician educated
and trained in the United States;

(g)
That the applicant has sufficient written and oral English skills to
communicate effectively and reliably with patients, their families,
and other medical professionals;

(h)
That the applicant will have professional liability insurance through
the applicant's employment with the academic medical center or
affiliated physician group practice.

(2)
An attestation that the applicant agrees to practice only within the
clinical setting of the academic medical center or for the affiliated
physician group practice;

(3)
Three letters of reference from distinguished experts in the
applicant's specialty attesting to the unique capabilities of the
applicant, at least one of which must be from outside the academic
medical center or affiliated physician group practice;

(4)
An affidavit from the dean of the medical school where the applicant
has been appointed to serve as a faculty member stating that the
applicant meets all of the requirements of division (C)(1) of this
section and that the letters of reference submitted under division
(C)(3) of this section are from distinguished experts in the
applicant's specialty, and documentation to support the affidavit;

(5)
A fee of one thousand dollars for the certificate.

(D)(1)
The holder of a certificate of conceded eminence may practice
medicine and surgery or osteopathic medicine and surgery only within
the clinical setting of the academic medical center with which the
certificate holder is employed or for the affiliated physician group
practice with which the certificate holder is employed.

(2)
A certificate holder may supervise medical students, physicians
participating in graduate medical education, advanced practice
nurses, and physician
assistants

associates

when
performing clinical services in the certificate holder's area of
specialty.

(E)
The board may revoke a certificate issued under this section 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.

(F)
A certificate of conceded eminence is valid for the shorter of two
years or the duration of the certificate holder's employment with the
academic medical center or affiliated physician group practice. The
certificate ceases to be valid if the holder resigns or is otherwise
terminated from the academic medical center or affiliated physician
group practice.

(G)
A certificate of conceded eminence may be renewed for an additional
two-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 and is eligible for renewal if the applicant
does all of the following:

(1)
Pays the renewal fee of one thousand dollars;

(2)
Provides to the board an affidavit and supporting documentation from
the academic medical center or affiliated physician group practice of
all of the following:

(a)
That the applicant's initial appointment to the medical faculty is
still valid or has been renewed;

(b)
That the applicant's clinical practice is consistent with the
established standards in the field;

(c)
That the applicant has demonstrated continued scholarly achievement;

(d)
That the applicant has demonstrated continued professional
achievement consistent with the academic medical center's
requirements, established pursuant to standards adopted under section
3701.351 of the Revised Code, for physicians with staff membership or
professional privileges with the academic medical center.

(3)
Satisfies the same continuing medical education requirements set
forth in section 4731.282 of the Revised Code that apply to a person
who holds a certificate to practice medicine and surgery or
osteopathic medicine and surgery issued under this chapter.

(4)
Complies with any other requirements established by the board.

(H)
The board shall not require a person to obtain a certificate under
Chapter 4796. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery if the person holds a certificate of
conceded eminence issued under this section.

(I)
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.
4731.33.
(A)
As used in this section:

(1)
"Light-based medical device" means any device that can be
made to produce or amplify electromagnetic radiation at wavelengths
equal to or greater than one hundred eighty nm but less than or equal
to 1.0 X 106 nm and that is manufactured, designed, intended, or
promoted for irradiation of any part of the human body for the
purpose of affecting the structure or function of the body.

(2)
"Physician" means a person authorized to practice medicine
and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery under this chapter.

(3)
"On-site supervision" means the supervising physician is
physically in the same location as the delegate during the use of a
light-based medical device, but does not require the physician to be
in the same room. "On-site supervision" includes the
supervising physician's presence in the same office suite as the
delegate during the use of the device.

(4)
"Off-site supervision" means the supervising physician is
continuously available for direct communication with the cosmetic
therapist during the use of a light-based medical device.

(5)
"Direct physical oversight" means the supervising physician
is in the same room directly observing the delegate's use of the
light-based medical device.

(B)
A physician may delegate the application of light-based medical
devices for the purpose of hair removal only if all of the following
conditions are met:

(1)
The light-based medical device has been specifically cleared or
approved by the United States food and drug administration for the
removal of hair from the human body.

(2)
The use of the light-based medical device for the purpose of hair
removal is within the physician's normal course of practice and
expertise.

(3)
The physician has seen and evaluated the patient to determine whether
the proposed application of the specific light-based medical device
is appropriate.

(4)
The physician has seen and evaluated the patient following the
initial application of the specific light-based medical device, but
before any continuation of treatment, to determine that the patient
responded well to that initial application of the specific
light-based medical device.

(5)
The person to whom the delegation is made is one of the following:

(a)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code with whom the physician has
an effective supervision agreement;

(b)
A person who was licensed as a cosmetic therapist under Chapter 4731.
of the Revised Code on April 11, 2021;

(c)
A person who has completed a cosmetic therapy course of instruction
for a minimum of seven hundred fifty clock hours and received a
passing score on the certified laser hair removal professional
examination administered by the society for clinical and medical hair
removal;

(d)
A registered nurse or licensed practical nurse licensed under Chapter
4723. of the Revised Code.

(C)
For delegation to a physician
assistant
associate
,
the delegation must meet the requirements of section 4730.21 of the
Revised Code.

(D)(1)
For delegation to a person described under division (B)(5)(b) or (c)
of this section, the physician shall ensure that the person to whom
the delegation is made has received adequate education and training
to provide the level of skill and care necessary, including all of
the following:

(a)
The person has completed eight hours of basic education that includes
the following topics:

(i)
Light-based procedure physics;

(ii)
Tissue interaction in light-based procedures;

(iii)
Light-based procedure safety, including use of proper safety
equipment;

(iv)
Clinical application of light-based procedures;

(v)
Preoperative and postoperative care of light-based procedure
patients;

(vi)
Reporting of adverse events.

(b)
The person has observed fifteen procedures for each specific type of
light-based medical device procedure for hair removal that the person
will perform under the delegation.

(c)
The person shall perform at least twenty procedures under the direct
physical oversight of the physician on each specific type of
light-based medical device procedure for hair removal delegated.

(2)
For purposes of division (D)(1)(b) of this section, the procedures
observed shall be performed by a physician who uses the specific
light-based medical device procedure for hair removal in the
physician's normal course of practice and expertise.

(3)
For purposes of division (D)(1)(c) of this section, the physician
overseeing the performance of these procedures shall use this
specific light-based medical device procedure for hair removal within
the physician's normal course of practice and expertise.

(4)
Each delegating physician and delegate shall document and retain
satisfactory completion of training required under division (D) of
this section. The education requirement in division (D)(1)(a) of this
section shall be completed only once by the delegate regardless of
the number of types of specific light-based medical device procedures
for hair removal delegated and the number of delegating physicians.
The training requirements of divisions (D)(1)(b) and (c) of this
section shall be completed by the delegate once for each specific
type of light-based medical device procedure for hair removal
delegated regardless of the number of delegating physicians.

(E)
The following delegates are exempt from the education and training
requirements of division (D)(1) of this section:

(1)
A person who, before
the
effective date of this section
September
30, 2021
,
has been applying a light-based medical device for hair removal for
at least two years through a lawful delegation by a physician;

(2)
A person described under division (B)(5)(b) of this section if the
person was authorized to use a light-based medical device under the
cosmetic therapist license;

(3)
A person described in division (B)(5)(a) or (d) of this section.

(F)
For delegation to a person under division (B)(5)(b), (c), or (d) of
this section, the physician shall provide on-site supervision at all
times that the person to whom the delegation is made is applying the
light-based medical device.

A
physician shall not supervise more than two delegates under division
(B)(5)(b), (c), or (d) of this section at the same time.

(G)(1)
Notwithstanding division (F) of this section, a physician may provide
off-site supervision when the light-based medical device is applied
for the purpose of hair removal to an established patient if the
person to whom the delegation is made is a cosmetic therapist who
meets all of the following criteria:

(a)
The cosmetic therapist has successfully completed a course in the use
of light-based medical devices for the purpose of hair removal that
has been approved by the delegating physician;

(b)
The course consisted of at least fifty hours of training, at least
thirty hours of which was clinical experience;

(c)
The cosmetic therapist has worked under the on-site supervision of
the delegating physician for a sufficient period of time that the
physician is satisfied that the cosmetic therapist is capable of
competently performing the service with off-site supervision.

(2)
The cosmetic therapist shall maintain documentation of the successful
completion of the required training.

(H)
A delegate under this section shall immediately report to the
supervising physician any clinically significant side effect
following the application of the light-based medical device or any
failure of the treatment to progress as was expected at the time the
delegation was made. The physician shall see and personally evaluate
the patient who has experienced the clinically significant side
effect or whose treatment is not progressing as expected as soon as
practicable.

(I)
No physician shall fail to comply with division (A), (B), (G), or (H)
of this section. A violation of this division constitutes 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, under
division (B)(6) of section 4731.22 of the Revised Code.

(J)
No physician shall delegate the application of light-based medical
devices for the purpose of hair removal to a person who is not listed
in division (B)(5) of this section. A violation of this division
constitutes violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate section 4731.41 of the Revised Code for
purposes of division (B)(20) of section 4731.22 of the Revised Code.

(K)
No cosmetic therapist to whom a delegation is made under division
(B)(5)(b) or (c) of this section shall fail to comply with division
(G) or (H) of this section. A violation of this division constitutes
the unauthorized practice of medicine pursuant to section 4731.41 of
the Revised Code.

(L)
No physician
assistant

associate

shall
fail to comply with division (H) of this section. A violation of this
division constitutes a departure from, or failure to conform to,
minimal standards of care of similar physician
assistants

associates

under
the same or similar circumstances, regardless of whether actual
injury to patient is established, for purposes of division (B)(19) of
section 4730.25 of the Revised Code.

Sec.
4731.37.
(A)
As used in this section:

(1)
"Physician" means an individual authorized under this
chapter to practice medicine and surgery or osteopathic medicine and
surgery.

(2)
"Sonographer" means an individual who uses ultrasonic
imaging devices to produce diagnostic images, scans, or videos or
three-dimensional volumes of anatomical and diagnostic data.

(B)
A physician may delegate to a sonographer the authority to administer
intravenously an ultrasound enhancing agent if all of the following
conditions are met:

(1)
The physician's normal course of practice and expertise includes the
intravenous administration of ultrasound enhancing agents.

(2)
The facility where the physician practices has developed, in
accordance with clinical standards and industry guidelines, standards
for administering ultrasound enhancing agents intravenously and has
included the facility's standards in a written practice protocol.

(3)
The sonographer, as determined by the facility where the physician
practices, satisfies all of the following:

(a)
Has successfully completed an education and training program in
sonography;

(b)
Is certified or registered as a sonographer by another jurisdiction
or a nationally recognized accrediting organization;

(c)
Has successfully completed training in the intravenous administration
of ultrasound enhancing agents that was provided in any of the
following ways:

(i)
As part of an education and training program in sonography;

(ii)
As part of training provided to the sonographer by the physician who
delegates to the sonographer the authority to administer
intravenously an ultrasound enhancing agent;

(iii)
As part of a training program developed and offered by the facility
in which the physician practices.

(C)
A sonographer may administer intravenously an ultrasound enhancing
agent if all of the following conditions are met:

(1)
In accordance with division (B) of this section, a physician
delegates to the sonographer the authority to administer the agent.

(2)
The sonographer administers the agent in accordance with the written
practice protocol described in division (B) of this section.

(3)
The delegating physician is physically present at the facility where
the sonographer administers the agent.

Division
(C)(3) of this section does not require the delegating physician to
be in the same room as the sonographer when the sonographer
administers the agent.

(D)
This section does not prohibit any of the following from
administering intravenously an ultrasound enhancing agent:

(1)
An individual who is otherwise authorized by the Revised Code to
administer intravenously an ultrasound enhancing agent, including a
physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code or a registered nurse or
licensed practical nurse licensed under Chapter 4723. of the Revised
Code;

(2)
An individual who meets all of the following conditions:

(a)
Has successfully completed an education and training program in
sonography;

(b)
Has applied for certification or registration as a sonographer with
another jurisdiction or a nationally recognized accrediting
organization;

(c)
Is awaiting that certification's or registration's issuance;

(d)
Administers intravenously an ultrasound enhancing agent under the
general supervision of a physician and the direct supervision of
either a sonographer described in divisions (B) and (C) of this
section or an individual otherwise authorized to administer
intravenously ultrasound enhancing agents.

(3)
An individual who is enrolled in an education and training program in
sonography and, as part of the program, administers intravenously
ultrasound enhancing agents.

(E)
For purposes of this section, the authority to administer an
ultrasound enhancing agent intravenously also includes the authority
to insert, maintain, and remove any mechanism necessary for the
agent's administration.

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
associate
,
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

associate

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;

(q)
A certified mental health assistant licensed under Chapter 4772. 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
associate
,
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.

Sec.
4755.48.
(A)
No person shall employ fraud or deception in applying for or securing
a license to practice physical therapy or to be a physical therapist
assistant.

(B)
No person shall practice or in any way imply or claim to the public
by words, actions, or the use of letters as described in division (C)
of this section to be able to practice physical therapy or to provide
physical therapy services, including practice as a physical therapist
assistant, unless the person holds a valid license under sections
4755.40 to 4755.56 of the Revised Code or except for submission of
claims as provided in section 4755.56 of the Revised Code.

(C)
No person shall use the words or letters, physical therapist,
physical therapy, physical therapy services, physiotherapist,
physiotherapy, physiotherapy services, licensed physical therapist,
P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T.,
P.T.A., physical therapy assistant, physical therapist assistant,
physical therapy technician, licensed physical therapist assistant,
L.P.T.A., R.P.T.A., or any other letters, words, abbreviations, or
insignia, indicating or implying that the person is a physical
therapist or physical therapist assistant without a valid license
under sections 4755.40 to 4755.56 of the Revised Code.

(D)
No person who practices physical therapy or assists in the provision
of physical therapy treatments under the supervision of a physical
therapist shall fail to display the person's current license granted
under sections 4755.40 to 4755.56 of the Revised Code in a
conspicuous location in the place where the person spends the major
part of the person's time so engaged.

(E)
Nothing in sections 4755.40 to 4755.56 of the Revised Code shall
affect or interfere with the performance of the duties of any
physical therapist or physical therapist assistant in active service
in the army, navy, coast guard, marine corps, air force, public
health service, or marine hospital service of the United States,
while so serving.

(F)
Nothing in sections 4755.40 to 4755.56 of the Revised Code shall
prevent or restrict the activities or services of a person pursuing a
course of study leading to a degree in physical therapy in an
accredited or approved educational program if the activities or
services constitute a part of a supervised course of study and the
person is designated by a title that clearly indicates the person's
status as a student.

(G)(1)
Subject to division (G)(2) of this section, nothing in sections
4755.40 to 4755.56 of the Revised Code shall prevent or restrict the
activities or services of any person who holds a current,
unrestricted license to practice physical therapy in another state
when that person, pursuant to contract or employment with an athletic
team located in the state in which the person holds the license,
provides physical therapy to any of the following while the team is
traveling to or from or participating in a sporting event in this
state:

(a)
A member of the athletic team;

(b)
A member of the athletic team's coaching, communications, equipment,
or sports medicine staff;

(c)
A member of a band or cheerleading squad accompanying the athletic
team;

(d)
The athletic team's mascot.

(2)
In providing physical therapy pursuant to division (G)(1) of this
section, the person shall not do either of the following:

(a)
Provide physical therapy at a health care facility;

(b)
Provide physical therapy for more than sixty days in a calendar year.

(3)
The limitations described in divisions (G)(1) and (2) of this section
do not apply to a person who is practicing in accordance with the
compact privilege granted by this state through the "Physical
Therapy Licensure Compact" entered into under section 4755.57 of
the Revised Code.

(4)
The physical therapy section of the occupational therapy, physical
therapy, and athletic trainers board shall not require a nonresident
person who holds a license to practice physical therapy in another
state to obtain a license in accordance with Chapter 4796. of the
Revised Code to provide physical therapy services in the manner
described under division (G)(1) of this section.

(H)(1)
Except as provided in division (H)(2) of this section and subject to
division (I) of this section, no person shall practice physical
therapy other than on the prescription of, or the referral of a
patient by, a person who is licensed in this or another state to do
at least one of the following:

(a)
Practice medicine and surgery, chiropractic, dentistry, osteopathic
medicine and surgery, podiatric medicine and surgery;

(b)
Practice as a physician
assistant
associate
;

(c)
Practice nursing as an advanced practice registered nurse.

(2)
The prohibition in division (H)(1) of this section on practicing
physical therapy other than on the prescription of, or the referral
of a patient by, any of the persons described in that division does
not apply if either of the following applies to the person:

(a)
The person holds a master's or doctorate degree from a professional
physical therapy program that is accredited by a national physical
therapy accreditation agency approved by the physical therapy section
of the Ohio occupational therapy, physical therapy, and athletic
trainers board.

(b)
On or before December 31, 2004, the person has completed at least two
years of practical experience as a licensed physical therapist.

(I)
To be authorized to prescribe physical therapy or refer a patient to
a physical therapist for physical therapy, a person described in
division (H)(1) of this section must be in good standing with the
relevant licensing board in this state or the state in which the
person is licensed and must act only within the person's scope of
practice.

(J)
In the prosecution of any person for violation of division (B) or (C)
of this section, it is not necessary to allege or prove want of a
valid license to practice physical therapy or to practice as a
physical therapist assistant, but such matters shall be a matter of
defense to be established by the accused.

Sec.
4755.623.
(A)
A person licensed as an athletic trainer pursuant to this chapter
shall engage in the activities described in section 4755.621 or
4755.622
of
the Revised Code

only if the person acts upon the referral of one or more of the
following:

(1)
A physician;

(2)
A dentist licensed under Chapter 4715. of the Revised Code;

(3)
A physical therapist licensed under this chapter;

(4)
A chiropractor licensed under Chapter 4734. of the Revised Code;

(5)
Subject to division (B) of this section, an athletic trainer licensed
under this chapter;

(6)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code;

(7)
A certified nurse practitioner licensed under Chapter 4723. of the
Revised Code.

(B)
A person licensed as an athletic trainer pursuant to this chapter may
practice upon the referral of an athletic trainer described in
division (A) of this section only if athletic training has already
been recommended and referred by a health care provider described in
division (A) of this section who is not an athletic trainer.

Sec.
4761.01.
As
used in this chapter:

(A)
"Respiratory care" means rendering or offering to render to
individuals, groups, organizations, or the public any service
involving the evaluation of cardiopulmonary function, the treatment
of cardiopulmonary impairment, the assessment of treatment
effectiveness, and the care of patients with deficiencies and
abnormalities associated with the cardiopulmonary system. The
practice of respiratory care includes:

(1)
Obtaining, analyzing, testing, measuring, and monitoring blood and
gas samples in the determination of cardiopulmonary parameters and
related physiologic data, including flows, pressures, and volumes,
and the use of equipment employed for this purpose;

(2)
Administering, monitoring, recording the results of, and instructing
in the use of medical gases, aerosols, and bronchopulmonary hygiene
techniques, including drainage, aspiration, and sampling, and
applying, maintaining, and instructing in the use of artificial
airways, ventilators, and other life support equipment employed in
the treatment of cardiopulmonary impairment and provided in
collaboration with other licensed health care professionals
responsible for providing care;

(3)
Performing cardiopulmonary resuscitation and respiratory
rehabilitation techniques;

(4)
Administering medications for the testing or treatment of
cardiopulmonary impairment.

(B)
"Respiratory care professional" means a person who is
licensed under this chapter to practice the full range of services
described in division (A) of this section.

(C)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(D)
"Registered nurse" means an individual licensed under
Chapter 4723. of the Revised Code to engage in the practice of
nursing as a registered nurse.

(E)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code.

(F)
"Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.

(G)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(H)
"Physician
assistant
associate
"
means an individual who holds a valid license to practice as a
physician
assistant

associate

issued
under Chapter 4730. of the Revised Code.

Sec.
4761.11.
(A)
Nothing in this chapter shall be construed to prevent or restrict the
practice, services, or activities of any person who:

(1)
Is a health care professional licensed by this state providing
respiratory care services included in the scope of practice
established by the license held, as long as the person does not
represent that the person is engaged in the practice of respiratory
care;

(2)
Is employed as a respiratory care professional by an agency of the
United States government and provides respiratory care solely under
the direction or control of the employing agency;

(3)
Is a student enrolled in a respiratory care education program
approved by the state medical board leading to a certificate of
completion in respiratory care and is performing duties that are part
of a supervised course of study;

(4)
Is employed in the office of a physician and renders medical
assistance under the physician's direct supervision without
representing that the person is engaged in the practice of
respiratory care;

(5)
Is employed in a clinical chemistry or arterial blood gas laboratory
and is supervised by a physician without representing that the person
is engaged in the practice of respiratory care;

(6)
Is engaged in the practice of respiratory care as an employee of a
person or governmental entity located in another state and provides
respiratory care services for less than seventy-two hours to patients
being transported into, out of, or through this state;

(7)
Is employed as a certified hyperbaric technologist and administers
hyperbaric oxygen therapy under the direct supervision of a
physician, a podiatrist acting in compliance with section 4731.511 of
the Revised Code, a physician
assistant
associate
,
or an advanced practice registered nurse and without representing
that the person is engaged in the practice of respiratory care.

As
used in division (A)(7) of this section:

(a)
"Certified hyperbaric technologist" means a person who is
certified as a hyperbaric technologist by the national board of
diving and hyperbaric medical technology or its successor
organization.

(b)
"Hyperbaric oxygen therapy" means the administration of
pure oxygen in a pressurized room or chamber, except that it does not
include ventilator management.

(B)
Nothing in this chapter shall be construed to prevent any person from
advertising, describing, or offering to provide respiratory care or
billing for respiratory care when the respiratory care services are
provided by a health care professional licensed by this state
practicing within the scope of practice established by the license
held. Nothing in this chapter shall be construed to prevent a
hospital or nursing facility from advertising, describing, or
offering to provide respiratory care, or billing for respiratory care
rendered by a person licensed under this chapter or persons who may
provide limited aspects of respiratory care or respiratory care tasks
pursuant to division (B) of section 4761.10 of the Revised Code.

(C)
Notwithstanding division (A) of section 4761.10 of the Revised Code,
in a life-threatening situation, in the absence of licensed
personnel, unlicensed persons shall not be prohibited from taking
life-saving measures.

(D)
Nothing in this chapter shall be construed as authorizing a
respiratory care professional to practice medicine and surgery or
osteopathic medicine and surgery. This division does not prohibit a
respiratory care professional from administering topical or
intradermal medications for the purpose of producing localized
decreased sensation as part of a procedure or task that is within the
scope of practice of a respiratory care professional.

Sec.
4761.17.
All
of the following apply to the practice of respiratory care by a
person who holds a license or limited permit issued under this
chapter:

(A)
The person shall practice only pursuant to a prescription or other
order for respiratory care issued by any of the following:

(1)
A physician;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse and has entered into a standard care
arrangement with a physician;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse and acts in
compliance with sections 4723.43, 4723.433, and 4723.434 of the
Revised Code;

(4)
A physician
assistant

associate

who
holds a valid prescriber number issued by the state medical board,
has been granted physician-delegated prescriptive authority, and has
entered into a supervision agreement that allows the physician

assistant

associate

to
prescribe or order respiratory care services.

(B)
The person shall practice only under the supervision of any of the
following:

(1)
A physician;

(2)
A certified nurse practitioner, certified nurse-midwife, or clinical
nurse specialist;

(3)
A physician
assistant

associate

who
is authorized to prescribe or order respiratory care services as
provided in division (A)(4) of this section.

(C)(1)
When practicing under the prescription or order of a certified nurse
practitioner, certified nurse midwife, or clinical nurse specialist
or under the supervision of such a nurse, the person's administration
of medication that requires a prescription is limited to the drugs
that the nurse is authorized to prescribe pursuant to section
4723.481 of the Revised Code.

(2)
When practicing under the order of a certified registered nurse
anesthetist, the person's administration of medication is limited to
the drugs that the nurse is authorized to order or direct the person
to administer, as provided in sections 4723.43, 4723.433, and
4723.434 of the Revised Code.

(3)
When practicing under the prescription or order of a physician

assistant

associate

or
under the supervision of a physician
assistant
associate
,
the person's administration of medication that requires a
prescription is limited to the drugs that the physician
assistant

associate

is
authorized to prescribe pursuant to the physician
assistant's

associate's

physician-delegated
prescriptive authority.

Sec.
4765.01.
As
used in this chapter:

(A)
"First responder" means an individual who holds a current,
valid certificate issued under section 4765.30 of the Revised Code to
practice as a first responder.

(B)
"Emergency medical technician-basic" or "EMT-basic"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an emergency
medical technician-basic.

(C)
"Emergency medical technician-intermediate" or "EMT-I"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an emergency
medical technician-intermediate.

(D)
"Emergency medical technician-paramedic" or "paramedic"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an emergency
medical technician-paramedic.

(E)
"Ambulance" means any motor vehicle that is used, or is
intended to be used, for the purpose of responding to emergency
medical situations, transporting emergency patients, and
administering emergency medical service to patients before, during,
or after transportation.

(F)
"Cardiac monitoring" means a procedure used for the purpose
of observing and documenting the rate and rhythm of a patient's heart
by attaching electrical leads from an electrocardiograph monitor to
certain points on the patient's body surface.

(G)
"Emergency medical service" means any of the services that
first responders, emergency medical technicians-basic, emergency
medical technicians-intermediate, and paramedics are authorized to
perform pursuant to rules adopted by the state board of emergency
medical, fire, and transportation services under section 4765.11 of
the Revised Code. "Emergency medical service" includes such
services performed before or during any transport of a patient,
including transports between hospitals and transports to and from
helicopters.

(H)
"Emergency medical service organization" means a public or
private organization using first responders, EMTs-basic, EMTs-I, or
paramedics, or a combination of first responders, EMTs-basic, EMTs-I,
and paramedics, to provide emergency medical services.

(I)
"Physician" means an individual who holds a current, valid
license issued under Chapter 4731. of the Revised Code authorizing
the practice of medicine and surgery or osteopathic medicine and
surgery.

(J)
"Registered nurse" means an individual who holds a current,
valid license issued under Chapter 4723. of the Revised Code
authorizing the practice of nursing as a registered nurse.

(K)
"Volunteer" means a person who provides services either for
no compensation or for compensation that does not exceed the actual
expenses incurred in providing the services or in training to provide
the services.

(L)
"Emergency medical service personnel" means first
responders, emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic,
and persons who provide medical direction to such persons.

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

(N)
"Trauma" or "traumatic injury" means severe
damage to or destruction of tissue that satisfies both of the
following conditions:

(1)
It creates a significant risk of any of the following:

(a)
Loss of life;

(b)
Loss of a limb;

(c)
Significant, permanent disfigurement;

(d)
Significant, permanent disability.

(2)
It is caused by any of the following:

(a)
Blunt or penetrating injury;

(b)
Exposure to electromagnetic, chemical, or radioactive energy;

(c)
Drowning, suffocation, or strangulation;

(d)
A deficit or excess of heat.

(O)
"Trauma victim" or "trauma patient" means a
person who has sustained a traumatic injury.

(P)
"Trauma care" means the assessment, diagnosis,
transportation, treatment, or rehabilitation of a trauma victim by
emergency medical service personnel or by a physician, nurse,
physician
assistant
associate
,
respiratory therapist, physical therapist, chiropractor, occupational
therapist, speech-language pathologist, audiologist, or psychologist
licensed to practice as such in this state or another jurisdiction.

(Q)
"Trauma center" means all of the following:

(1)
Any hospital that is verified by the American college of surgeons as
an adult or pediatric trauma center;

(2)
Any hospital that is operating as an adult or pediatric trauma center
under provisional status pursuant to section 3727.101 of the Revised
Code;

(3)
Until December 31, 2004, any hospital in this state that is
designated by the director of health as a level II pediatric trauma
center under section 3727.081 of the Revised Code;

(4)
Any hospital in another state that is licensed or designated under
the laws of that state as capable of providing specialized trauma
care appropriate to the medical needs of the trauma patient.

(R)
"Pediatric" means involving a patient who is less than
sixteen years of age.

(S)
"Adult" means involving a patient who is not a pediatric
patient.

(T)
"Geriatric" means involving a patient who is at least
seventy years old or exhibits significant anatomical or physiological
characteristics associated with advanced aging.

(U)
"Air medical organization" means an organization that
provides emergency medical services, or transports emergency victims,
by means of fixed or rotary wing aircraft.

(V)
"Emergency care" and "emergency facility" have
the same meanings as in section 3727.01 of the Revised Code.

(W)
"Stabilize" has the same meaning as in section 1753.28 of
the Revised Code.

(X)
"Transfer" has the same meaning as in section 1753.28 of
the Revised Code.

(Y)
"Firefighter" means any member of a fire department as
defined in section 742.01 of the Revised Code.

(Z)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.

(AA)
"Part-time paid firefighter" means a person who provides
firefighting services on less than a full-time basis, is routinely
scheduled to be present on site at a fire station or other designated
location for purposes of responding to a fire or other emergency, and
receives more than nominal compensation for the provision of
firefighting services.

(BB)
"Physician
assistant
associate
"
means an individual who holds a valid license to practice as a
physician
assistant

associate

issued
under Chapter 4730. of the Revised Code.

(CC)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

Sec.
4765.35.
(A)
A first responder may perform any of the emergency medical services
specified for first responders in rules adopted under section 4765.11
of the Revised Code by the state board of emergency medical, fire,
and transportation services. A first responder shall perform the
emergency medical services in accordance with this chapter and any
rules adopted under it by the board.

(B)(1)
Except as provided in division (B)(2) of this section, the emergency
medical services provided by a first responder shall be performed
only pursuant to one of the following:

(a)
The written or verbal authorization of a physician or of the
cooperating physician advisory board;

(b)
An authorization transmitted through a direct communication device by
a physician, physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician;

(c)
Any applicable protocols adopted by the emergency medical service
organization with which the first responder is affiliated.

(2)
Division (B)(1) of this section does not prohibit a first responder
from complying with a do-not-resuscitate order issued by a physician

assistant

associate

or
advanced practice registered nurse pursuant to section 2133.211 of
the Revised Code.

Sec.
4765.36.
In
a hospital, an emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
may perform emergency medical services if the services are performed
in accordance with both of the following conditions:

(A)
Only in the hospital's emergency department or while moving a patient
between the emergency department and another part of the hospital;

(B)
Only under the direction and supervision of one of the following:

(1)
A physician;

(2)
A physician
assistant

associate

designated
by a physician;

(3)
A registered nurse designated by a physician.

Sec.
4765.37.
(A)
An emergency medical technician-basic may perform any of the
emergency medical services specified for EMTs-basic in rules adopted
under section 4765.11 of the Revised Code by the state board of
emergency medical, fire, and transportation services. An EMT-basic
shall perform the emergency medical services in accordance with this
chapter and any rules adopted under it by the board.

(B)(1)
Except as provided in division (B)(2) of this section, the emergency
medical services provided by an EMT-basic shall be performed only
pursuant to one of the following:

(a)
The written or verbal authorization of a physician or of the
cooperating physician advisory board;

(b)
An authorization transmitted through a direct communication device by
a physician, physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician;

(c)
Any applicable protocols adopted by the emergency medical service
organization with which the EMT-basic is affiliated.

(2)
Division (B)(1) of this section does not prohibit an EMT-basic from
complying with a do-not-resuscitate order issued by a physician

assistant

associate

or
advanced practice registered nurse pursuant to section 2133.211 of
the Revised Code.

Sec.
4765.38.
(A)
An emergency medical technician-intermediate may perform any of the
emergency medical services specified for EMTs-I in rules adopted
under section 4765.11 of the Revised Code by the state board of
emergency medical, fire, and transportation services. An EMT-I shall
perform emergency medical services in accordance with this chapter
and any rules adopted under it by the board.

(B)(1)
Except as provided in division (B)(2) of this section, the emergency
medical services provided by an EMT-I shall be performed only
pursuant to one of the following:

(a)
The written or verbal authorization of a physician or of the
cooperating physician advisory board;

(b)
An authorization transmitted through a direct communication device by
a physician, physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician;

(c)
Any applicable protocols adopted by the emergency medical service
organization with which the EMT-I is affiliated.

(2)
Division (B)(1) of this section does not prohibit an EMT-I from
complying with a do-not-resuscitate order issued by a physician

assistant

associate

or
advanced practice registered nurse pursuant to section 2133.211 of
the Revised Code.

(C)
In addition to, and in the course of, providing emergency medical
treatment, an EMT-I may withdraw blood as provided under sections
1547.11, 4506.17, and 4511.19 of the Revised Code. An EMT-I shall
withdraw blood in accordance with this chapter and any rules adopted
under it by the board.

Sec.
4765.39.
(A)
An emergency medical technician-paramedic may perform any of the
emergency medical services specified for paramedics in rules adopted
under section 4765.11 of the Revised Code by the state board of
emergency medical, fire, and transportation services. A paramedic
shall perform emergency medical services in accordance with this
chapter and any rules adopted under it by the state board of
emergency medical, fire, and transportation services.

(B)(1)
Except as provided in division (B)(2) of this section, the emergency
medical services provided by a paramedic shall be performed only
pursuant to one of the following:

(a)
The written or verbal authorization of a physician or of the
cooperating physician advisory board;

(b)
An authorization transmitted through a direct communication device by
a physician, physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician;

(c)
Any applicable protocols adopted by the emergency medical service
organization with which the paramedic is affiliated.

(2)
Division (B)(1) of this section does not prohibit a paramedic from
complying with a do-not-resuscitate order issued by a physician

assistant

associate

or
advanced practice registered nurse pursuant to section 2133.211 of
the Revised Code.

(C)
In addition to, and in the course of, providing emergency medical
treatment, a paramedic may withdraw blood as provided under sections
1547.11, 4506.17, and 4511.19 of the Revised Code. A paramedic shall
withdraw blood in accordance with this chapter and any rules adopted
under it by the board.

Sec.
4765.49.
(A)
A first responder, emergency medical technician-basic, emergency
medical technician-intermediate, or emergency medical
technician-paramedic is not liable in damages in a civil action for
injury, death, or loss to person or property resulting from the
individual's administration of emergency medical services, unless the
services are administered in a manner that constitutes willful or
wanton misconduct. A physician, physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician, any of
whom is advising or assisting in the emergency medical services by
means of any communication device or telemetering system, is not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from the individual's advisory
communication or assistance, unless the advisory communication or
assistance is provided in a manner that constitutes willful or wanton
misconduct. Medical directors and members of cooperating physician
advisory boards of emergency medical service organizations are not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from their acts or omissions in the
performance of their duties, unless the act or omission constitutes
willful or wanton misconduct.

(B)
A political subdivision, joint ambulance district, joint emergency
medical services district, or other public agency, and any officer or
employee of a public agency or of a private organization operating
under contract or in joint agreement with one or more political
subdivisions, that provides emergency medical services, or that
enters into a joint agreement or a contract with the state, any
political subdivision, joint ambulance district, or joint emergency
medical services district for the provision of emergency medical
services, is not liable in damages in a civil action for injury,
death, or loss to person or property arising out of any actions taken
by a first responder, EMT-basic, EMT-I, or paramedic working under
the officer's or employee's jurisdiction, or for injury, death, or
loss to person or property arising out of any actions of licensed
medical personnel advising or assisting the first responder,
EMT-basic, EMT-I, or paramedic, unless the services are provided in a
manner that constitutes willful or wanton misconduct.

(C)
A student who is enrolled in an emergency medical services training
program accredited under section 4765.17 of the Revised Code or an
emergency medical services continuing education program approved
under that section is not liable in damages in a civil action for
injury, death, or loss to person or property resulting from either of
the following:

(1)
The student's administration of emergency medical services or patient
care or treatment, if the services, care, or treatment is
administered while the student is under the direct supervision and in
the immediate presence of an EMT-basic, EMT-I, paramedic, registered
nurse, physician
assistant
associate
,
or physician and while the student is receiving clinical training
that is required by the program, unless the services, care, or
treatment is provided in a manner that constitutes willful or wanton
misconduct;

(2)
The student's training as an ambulance driver, unless the driving is
done in a manner that constitutes willful or wanton misconduct.

(D)
An EMT-basic, EMT-I, paramedic, or other operator, who holds a valid
commercial driver's license issued pursuant to Chapter 4506. of the
Revised Code or driver's license issued pursuant to Chapter 4507. of
the Revised Code and who is employed by an emergency medical service
organization that is not owned or operated by a political subdivision
as defined in section 2744.01 of the Revised Code, is not liable in
damages in a civil action for injury, death, or loss to person or
property that is caused by the operation of an ambulance by the
EMT-basic, EMT-I, paramedic, or other operator while responding to or
completing a call for emergency medical services, unless the
operation constitutes willful or wanton misconduct or does not comply
with the precautions of section 4511.03 of the Revised Code. An
emergency medical service organization is not liable in damages in a
civil action for any injury, death, or loss to person or property
that is caused by the operation of an ambulance by its employee or
agent, if this division grants the employee or agent immunity from
civil liability for the injury, death, or loss.

(E)
An employee or agent of an emergency medical service organization who
receives requests for emergency medical services that are directed to
the organization, dispatches first responders, EMTs-basic, EMTs-I, or
paramedics in response to those requests, communicates those requests
to those employees or agents of the organization who are authorized
to dispatch first responders, EMTs-basic, EMTs-I, or paramedics, or
performs any combination of these functions for the organization, is
not liable in damages in a civil action for injury, death, or loss to
person or property resulting from the individual's acts or omissions
in the performance of those duties for the organization, unless an
act or omission constitutes willful or wanton misconduct.

(F)
A person who is performing the functions of a first responder,
EMT-basic, EMT-I, or paramedic under the authority of the laws of a
state that borders this state and who provides emergency medical
services to or transportation of a patient in this state is not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from the person's administration of
emergency medical services, unless the services are administered in a
manner that constitutes willful or wanton misconduct. A physician,
physician
assistant

associate

designated
by a physician, or registered nurse designated by a physician, any of
whom is licensed to practice in the adjoining state and who is
advising or assisting in the emergency medical services by means of
any communication device or telemetering system, is not liable in
damages in a civil action for injury, death, or loss to person or
property resulting from the person's advisory communication or
assistance, unless the advisory communication or assistance is
provided in a manner that constitutes willful or wanton misconduct.

(G)
A person certified under section 4765.23 of the Revised Code to teach
in an emergency medical services training program or emergency
medical services continuing education program, and a person who
teaches at the Ohio fire academy established under section 3737.33 of
the Revised Code or in a fire service training program described in
division (A) of section 4765.55 of the Revised Code, is not liable in
damages in a civil action for injury, death, or loss to person or
property resulting from the person's acts or omissions in the
performance of the person's duties, unless an act or omission
constitutes willful or wanton misconduct.

(H)
In the accreditation of emergency medical services training programs
or approval of emergency medical services continuing education
programs, the state board of emergency medical, fire, and
transportation services and any person or entity authorized by the
board to evaluate applications for accreditation or approval are not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from their acts or omissions in the
performance of their duties, unless an act or omission constitutes
willful or wanton misconduct.

(I)
A person authorized by an emergency medical service organization to
review the performance of first responders, EMTs-basic, EMTs-I, and
paramedics or to administer quality assurance programs is not liable
in damages in a civil action for injury, death, or loss to person or
property resulting from the person's acts or omissions in the
performance of the person's duties, unless an act or omission
constitutes willful or wanton misconduct.

Sec.
4765.51.
Nothing
in this chapter prevents or restricts the practice, services, or
activities of any registered nurse practicing within the scope of the
registered nurse's practice.

Nothing
in this chapter prevents or restricts the practice, services, or
activities of any physician
assistant

associate

practicing
in accordance with a supervision agreement entered into under section
4730.19 of the Revised Code, including, if applicable, the policies
of the health care facility in which the physician
assistant

associate

is
practicing.

Nothing
in this chapter prevents or restricts the practice, services, or
activities of any certified mental health assistant practicing in
accordance with a supervision agreement entered into under section
4772.10 of the Revised Code.

Sec.
4769.01.
As
used in this chapter:

(A)
"Medicare" means the program established by Title XVIII of
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as amended.

(B)
"Balance billing" means charging or collecting from a
medicare beneficiary an amount in excess of the medicare
reimbursement rate for medicare-covered services or supplies provided
to a medicare beneficiary, except when medicare is the secondary
insurer. When medicare is the secondary insurer, the health care
practitioner may pursue full reimbursement under the terms and
conditions of the primary coverage and, if applicable, the charge
allowed under the terms and conditions of the appropriate provider
contract, from the primary insurer, but the medicare beneficiary
cannot be balance billed above the medicare reimbursement rate for a
medicare-covered service or supply. "Balance billing" does
not include charging or collecting deductibles or coinsurance
required by the program.

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

(1)
A dentist or dental hygienist licensed under Chapter 4715. of the
Revised Code;

(2)
A registered or licensed practical nurse licensed under Chapter 4723.
of the Revised Code;

(3)
An optometrist licensed under Chapter 4725. of the Revised Code;

(4)
A dispensing optician, spectacle dispensing optician, or
spectacle-contact lens dispensing optician licensed under Chapter
4725. of the Revised Code;

(5)
A pharmacist licensed under Chapter 4729. of the Revised Code;

(6)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatry;

(7)
A physician
assistant

associate

authorized
under Chapter 4730. of the Revised Code to practice as a physician

assistant
associate
;

(8)
A practitioner of a limited branch of medicine issued a certificate
under Chapter 4731. of the Revised Code;

(9)
A psychologist licensed under Chapter 4732. of the Revised Code;

(10)
A chiropractor licensed under Chapter 4734. of the Revised Code;

(11)
A hearing aid dealer or fitter licensed under Chapter 4747. of the
Revised Code;

(12)
A speech-language pathologist or audiologist licensed under Chapter
4753. of the Revised Code;

(13)
An occupational therapist or occupational therapy assistant licensed
under Chapter 4755. of the Revised Code;

(14)
A physical therapist or physical therapy assistant licensed under
Chapter 4755. of the Revised Code;

(15)
A licensed professional clinical counselor, licensed professional
counselor, social worker, or independent social worker licensed, or a
social work assistant registered, under Chapter 4757. of the Revised
Code;

(16)
A dietitian licensed under Chapter 4759. of the Revised Code;

(17)
A respiratory care professional licensed under Chapter 4761. of the
Revised Code;

(18)
An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code;

(19)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code.

Sec.
4933.122.
No
natural gas, gas, or electric light company shall terminate service,
except for safety reasons or upon the request of the customer, at any
time to a residential consumer, except pursuant to procedures that
provide for all of the following:

(A)
Reasonable prior notice is given to such consumer, including notice
of rights and remedies, and no due date shall be established, after
which a customer's account is considered to be in arrears if unpaid,
that is less than fourteen days after the mailing of the billing.
This limitation does not apply to charges to customers that receive
service pursuant to an arrangement authorized by section 4905.31 of
the Revised Code, nor to electric light companies operated not for
profit or public utilities that are owned or operated by a municipal
corporation.

(B)
A reasonable opportunity is given to dispute the reasons for such
termination;

(C)
In circumstances in which termination of service to a consumer would
be especially dangerous to health, as determined by the public
utilities commission, or make the operation of necessary medical or
life-supporting equipment impossible or impractical, and such
consumer establishes that the consumer is unable to pay for such
service in accordance with the requirements of the utility's billing
except under an extended payment plan.

Such
procedures shall take into account the need to include reasonable
provisions for consumers who are elderly and who have disabilities.

The
commission shall hold hearings and adopt rules to carry out this
section.

To
the extent that any rules adopted for the purpose of division (C) of
this section require a health care professional to validate the
health of a consumer or the necessity of operation of a consumer's
medical or life-supporting equipment, the rules shall include as a
health care professional a physician
assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife.

Sec.
5101.19.
As
used in sections 5101.19 to 5101.194 of the Revised Code:

(A)
"Adopted child" means a person who is less than eighteen
years of age when the person becomes subject to a final order of
adoption, an interlocutory order of adoption, or when the adoption is
recognized by this state under section 3107.18 of the Revised Code.

(B)
"Adoption" includes an adoption arranged by an attorney, a
public children services agency, private child placing agency, or a
private noncustodial agency, an interstate adoption, or an
international or foreign adoption.

(C)
"Adoptive parent" means the person or persons who obtain
parental rights and responsibilities over an adopted child pursuant
to a final order of adoption, an interlocutory order of adoption, or
an adoption recognized by this state under section 3107.18 of the
Revised Code.

(D)
"Casework services" means services performed or arranged by
a public children services agency, private child placing agency,
private noncustodial agency, or public entity with whom the
department of children and youth has a Title IV-E subgrant agreement
in effect, to manage the progress, provide supervision and protection
of the child and the child's parent, guardian, or custodian.

(E)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(F)
"Qualified professional" means an individual that is, but
not limited to, any one of the following:

(1)
Audiologist;

(2)
Orthopedist;

(3)
Physician;

(4)
Certified nurse practitioner;

(5)
Physician
assistant
associate
;

(6)
Psychiatrist;

(7)
Psychologist;

(8)
School psychologist;

(9)
Licensed marriage and family therapist;

(10)
Speech and language pathologist;

(11)
Licensed independent social worker;

(12)
Licensed professional clinical counselor;

(13)
Licensed social worker who is under the direct supervision of a
licensed independent social worker;

(14)
Licensed professional counselor who is under the direct supervision
of a licensed professional clinical counselor.

(G)
"Special needs" means any of the following:

(1)
A developmental disability as defined in section 5123.01 of the
Revised Code;

(2)
A physical or mental impairment that substantially limits one or more
of the major life activities;

(3)
Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more body systems;

(4)
Any mental or psychological disorder;

(5)
A medical condition causing distress, pain, dysfunction, or social
problems as diagnosed by a qualified professional that results in
ongoing medical treatment.

Sec.
5103.0327.
Any
physical examination required in the determination of foster home
placement may be conducted by any individual authorized by the
Revised Code to conduct physical examinations, including a physician

assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.

Sec.
5104.0110.
To
the extent that any rules adopted for the purposes of this chapter
require a health care professional to perform a physical examination,
the rules shall include as a health care professional a physician

assistant
associate
,
a clinical nurse specialist, a certified nurse practitioner, or a
certified nurse-midwife.

Sec.
5104.037.
(A)
As used in this section:

(1)
"Active tuberculosis" has the same meaning as in section
339.71 of the Revised Code.

(2)
"Latent tuberculosis" means tuberculosis that has been
demonstrated by a positive reaction to a tuberculosis test but has no
clinical, bacteriological, or radiographic evidence of active
tuberculosis.

(3)
"Licensed health professional" means any of the following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(b)
A physician
assistant

associate

who
holds a current, valid license to practice as a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code;

(c)
A certified nurse practitioner
,

as defined in section 4723.01 of the Revised Code;

(d)
A clinical nurse specialist
,

as defined in section 4723.01 of the Revised Code.

(4)
"Tuberculosis control unit" means the county tuberculosis
control unit designated by a board of county commissioners under
section 339.72 of the Revised Code or the district tuberculosis
control unit designated pursuant to an agreement entered into by two
or more boards of county commissioners under that section.

(5)
"Tuberculosis test" means either of the following:

(a)
A two-step Mantoux tuberculin skin test;

(b)
A blood assay for m. tuberculosis.

(B)
Before employing a person as an administrator or employee, for the
purpose of tuberculosis screening, each child care center shall
determine if the person has done both of the following:

(1)
Resided in a country identified by the world health organization as
having a high burden of tuberculosis;

(2)
Arrived in the United States within the five years immediately
preceding the date of application for employment.

(C)
If the person meets the criteria described in division (B) of this
section, the center shall require the person to undergo a
tuberculosis test before employment. If the result of the test is
negative, the center may employ the person.

(D)
If the result of any tuberculosis test performed as described in
division (C) of this section is positive, the center shall require
the person to undergo additional testing for tuberculosis, which may
include a chest radiograph or the collection and examination of
specimens.

(1)
If additional testing indicates active tuberculosis, then until the
person is no longer infectious as determined by the county
tuberculosis unit, the center shall not employ the person or, if
employed, shall not allow the person to be physically present at the
center's location.

For
purposes of this section, evidence that a person is no longer
infectious shall consist of a written statement to that effect signed
by a representative of the tuberculosis control unit.

(2)
If additional testing indicates latent tuberculosis, then until the
person submits to the program evidence that the person is receiving
treatment as prescribed by a licensed health professional, the
preschool program shall not employ the person or, if employed, shall
not allow the person to be physically present at the program's
location. Once the person submits to the program evidence that the
person is in the process of completing a tuberculosis treatment
regimen as prescribed by a licensed health professional, the
preschool program may employ the person and allow the person to be
physically present at the program's location so long as periodic
evidence of compliance with the treatment regimen is submitted in
accordance with rules adopted under section 3701.146 of the Revised
Code.

For
purposes of this section, evidence that a person is in the process of
completing and is compliant with a tuberculosis treatment regimen
shall consist of a written statement to that effect signed by the
tuberculosis control unit that is overseeing the person's treatment.

Sec.
5119.185.
(A)
As used in this section:

(1)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(2)
"Clinician" means any of the following:

(a)
An advanced practice registered nurse;

(b)
A physician;

(c)
A physician
assistant
associate
.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(4)
"Physician
assistant
associate
"
means an individual who holds a current, valid license to practice as
a physician
assistant

associate

issued
under Chapter 4730. of the Revised Code.

(B)
The department of mental health and addiction services may establish
a clinician recruitment program under which the department agrees to
repay all or part of the principal and interest of a government or
other educational loan incurred by a clinician who agrees to provide
services to inpatients and outpatients of institutions under the
department's administration. To be eligible to participate in the
program, a clinician must have attended the following:

(1)
In the case of a physician, a school that was, at the time of
attendance, a medical school or osteopathic medical school in this
country accredited by the
liason

liaison

committee
on medical education or the American osteopathic association, or a
medical school or osteopathic medical school located outside this
country that was acknowledged by the world health organization and
verified by a member state of that organization as operating within
that state's jurisdiction;

(2)
In the case of a physician
assistant
associate
,
a school that was, at the time of attendance, accredited by the
accreditation review commission on education for the physician
assistant or a regional or specialized and professional accrediting
agency recognized by the council for higher education accreditation;

(3)
In the case of an advanced practice registered nurse, a school that
was, at the time of attendance, accredited by a national or regional
accrediting organization.

(C)
The department shall enter into a contract with each clinician it
recruits under this section. Each contract shall include at least the
following terms:

(1)
The clinician agrees to provide a specified scope of health care
services for a specified number of hours per week and a specified
number of years to patients of one or more specified institutions
administered by the department.

(2)
The department agrees to repay all or a specified portion of the
principal and interest of a government or other educational loan
taken by the clinician for the following expenses if the clinician
meets the service obligation agreed to and the expenses were incurred
while the clinician was enrolled in, for up to a maximum of four
years, a school that qualifies the clinician to participate in the
program:

(a)
Tuition;

(b)
Other educational expenses for specific purposes, including fees,
books, and laboratory expenses, in amounts determined to be
reasonable in accordance with rules adopted under division (D) of
this section;

(c)
Room and board, in an amount determined to be reasonable in
accordance with rules adopted under division (D) of this section.

(3)
The clinician agrees to pay the department a specified amount, which
shall be not less than the amount already paid by the department
pursuant to its agreement, as damages if the clinician fails to
complete the service obligation agreed to or fails to comply with
other specified terms of the contract. The contract may vary the
amount of damages based on the portion of the clinician's service
obligation that remains uncompleted as determined by the department.

(4)
Other terms agreed upon by the parties.

(D)
If the department elects to implement the clinician recruitment
program, it shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish all of the following:

(1)
Criteria for designating institutions for which clinicians will be
recruited;

(2)
Criteria for selecting clinicians for participation in the program;

(3)
Criteria for determining the portion of a clinician's loan that the
department will agree to repay;

(4)
Criteria for determining reasonable amounts of the expenses described
in divisions (C)(2)(b) and (c) of this section;

(5)
Procedures for monitoring compliance by clinicians with the terms of
their contracts;

(6)
Any other criteria or procedures necessary to implement the program.

Sec.
5119.363.
The
director of mental health and addiction services shall adopt rules
governing the duties of community addiction services providers under
section 5119.362 of the Revised Code. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

The
director shall adopt rules under this section that authorize the
department of mental health and addiction services to determine an
advanced practice registered nurse's, physician

assistant's
associate's
,
or physician's compliance with section 3719.064 of the Revised Code
if such practitioner works for a community addiction services
provider.

Sec.
5123.47.
(A)
As used in this section:

(1)
"In-home care" means the supportive services provided
within the home of an individual with a developmental disability who
receives funding for the services through a county board of
developmental disabilities, including any recipient of residential
services funded as home and community-based services, family support
services provided under section 5126.11 of the Revised Code, or
supported living provided in accordance with sections 5126.41 to
5126.47 of the Revised Code. "In-home care" includes care
that is provided outside an individual's home in places incidental to
the home, and while traveling to places incidental to the home,
except that "in-home care" does not include care provided
in the facilities of a county board of developmental disabilities or
care provided in schools.

(2)
"Parent" means either parent of a child, including an
adoptive parent but not a foster parent.

(3)
"Unlicensed in-home care worker" means an individual who
provides in-home care but is not a health care professional.

(4)
"Family member" means a parent, sibling, spouse, son,
daughter, grandparent, aunt, uncle, cousin, or guardian of the
individual with a developmental disability if the individual with a
developmental disability lives with the person and is dependent on
the person to the extent that, if the supports were withdrawn,
another living arrangement would have to be found.

(5)
"Health care professional" means any of the following:

(a)
A dentist who holds a valid license issued under Chapter 4715. of the
Revised Code;

(b)
A registered or licensed practical nurse who holds a valid license
issued under Chapter 4723. of the Revised Code;

(c)
An optometrist who holds a valid license issued under Chapter 4725.
of the Revised Code;

(d)
A pharmacist who holds a valid license issued under Chapter 4729. of
the Revised Code;

(e)
A person who holds a valid license or certificate issued under
Chapter 4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, podiatric medicine and surgery, or
a limited brand of medicine;

(f)
A physician
assistant

associate

who
holds a valid license issued under Chapter 4730. of the Revised Code;

(g)
An occupational therapist or occupational therapy assistant or a
physical therapist or physical therapist assistant who holds a valid
license issued under Chapter 4755. of the Revised Code;

(h)
A respiratory care professional who holds a valid license issued
under Chapter 4761. of the Revised Code;

(i)
A certified mental health assistant who holds a valid license issued
under Chapter 4772. of the Revised Code.

(6)
"Health care task" means a task that is prescribed,
ordered, delegated, or otherwise directed by a health care
professional acting within the scope of the professional's practice.
"Health care task" includes the administration of oral and
topical prescribed medications; administration of nutrition and
medications through gastrostomy and jejunostomy tubes that are stable
and labeled; administration of oxygen and metered dose inhaled
medications; administration of insulin through subcutaneous
injections, inhalation, and insulin pumps; and administration of
prescribed medications for the treatment of metabolic glycemic
disorders through subcutaneous injections.

(B)
Except as provided in division (E) of this section, a family member
of an individual with a developmental disability may authorize an
unlicensed in-home care worker to perform health care tasks as part
of the in-home care the worker provides to the individual, if all of
the following apply:

(1)
The family member is the primary supervisor of the care.

(2)
The unlicensed in-home care worker has been selected by the family
member or the individual receiving care and is under the direct
supervision of the family member.

(3)
The unlicensed in-home care worker is providing the care through an
employment or other arrangement entered into directly with the family
member and is not otherwise employed by or under contract with a
person or government entity to provide services to individuals with
developmental disabilities.

(4)
The health care task is completed in accordance with standard,
written instructions.

(5)
Performance of the health care task requires no judgment based on
specialized health care knowledge or expertise.

(6)
The outcome of the health care task is reasonably predictable.

(7)
Performance of the health care task requires no complex observation
of the individual receiving the care.

(8)
Improper performance of the health care task will result in only
minimal complications that are not life-threatening.

(C)
A family member shall obtain a prescription, if applicable, and
written instructions from a health care professional for the care to
be provided to the individual. The family member shall authorize the
unlicensed in-home care worker to provide the care by preparing a
written document granting the authority. The family member shall
provide the unlicensed in-home care worker with appropriate training
and written instructions in accordance with the instructions obtained
from the health care professional. The family member or a health care
professional shall be available to communicate with the unlicensed
in-home care worker either in person or by telecommunication while
the in-home care worker performs a health care task.

(D)
A family member who authorizes an unlicensed in-home care worker to
administer oral and topical prescribed medications or perform other
health care tasks retains full responsibility for the health and
safety of the individual receiving the care and for ensuring that the
worker provides the care appropriately and safely. No entity that
funds or monitors the provision of in-home care may be held liable
for the results of the care provided under this section by an
unlicensed in-home care worker, including such entities as the county
board of developmental disabilities and the department of
developmental disabilities.

An
unlicensed in-home care worker who is authorized under this section
by a family member to provide care to an individual may not be held
liable for any injury caused in providing the care, unless the worker
provides the care in a manner that is not in accordance with the
training and instructions received or the worker acts in a manner
that constitutes willful or wanton misconduct.

(E)
A county board of developmental disabilities may evaluate the
authority granted by a family member under this section to an
unlicensed in-home care worker at any time it considers necessary and
shall evaluate the authority on receipt of a complaint. If the board
determines that a family member has acted in a manner that is
inappropriate for the health and safety of the individual receiving
the care, the authorization granted by the family member to an
unlicensed in-home care worker is void, and the family member may not
authorize other unlicensed in-home care workers to provide the care.
In making such a determination, the board shall use appropriately
licensed health care professionals and shall provide the family
member an opportunity to file a complaint under section 5126.06 of
the Revised Code.

Sec.
5164.072.
(A)
As used in this section, "licensed health professional"
means the following:

(1)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(2)
An advanced practice registered nurse who holds a current, valid
license issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as an advanced practice registered
nurse and is designated as a clinical specialist, certified
nurse-midwife, or certified nurse practitioner;

(3)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code.

(B)
The medicaid program shall cover pasteurized human donor milk and
human milk fortifiers, in both hospital and home settings, for an
infant whose gestationally corrected age is less than twelve months
when all of the following apply:

(1)
A licensed health professional signs an order stating that human
donor milk or human milk fortifiers are medically necessary because
the infant meets any of the following criteria:

(a)
The infant has a birth weight less than eighteen hundred grams or
body weight below healthy levels.

(b)
The infant has a gestational age at birth of thirty-four weeks or
less.

(c)
The infant has any congenital or acquired condition for which the
health professional determines that the use of pasteurized human
donor milk or human milk fortifiers will support the treatment of the
condition and recovery of the infant.

(2)
The infant is medically or physically unable to receive maternal
breast milk or participate in breast-feeding, or the infant's mother
is medically or physically unable to produce breast milk in
sufficient quantities or of adequate caloric density, despite
lactation support.

(C)
The medicaid director may adopt rules in accordance with Chapter 119.
of the Revised Code to implement this section.

Sec.
5164.301.
(A)
As used in this section, "group practice" has the same
meaning as in section 4731.65 of the Revised Code.

(B)
The department of medicaid shall establish a process by which a
physician
assistant

associate

may
enter into a provider agreement.

(C)(1)
Subject to division (C)(2) of this section, a claim for medicaid
payment for a medicaid service provided by a physician
assistant

associate

to
a medicaid recipient may be submitted by the physician
assistant

associate

who
provided the service or the physician, group practice, clinic, or
other health care facility that employs the physician

assistant
associate
.

(2)
A claim for medicaid payment may be submitted by the physician

assistant

associate

who
provided the service only if the physician
assistant

associate

has
a valid provider agreement. When submitting the claim, the physician

assistant

associate

shall
use only the medicaid provider number the department has assigned to
the physician
assistant
associate
.

Sec.
5164.95.
(A)
As used in this section, "telehealth service" means a
health care service delivered to a patient through the use of
interactive audio, video, or other telecommunications or electronic
technology from a site other than the site where the patient is
located.

(B)
The department of medicaid shall establish standards for medicaid
payments for health care services the department determines are
appropriate to be covered by the medicaid program when provided as
telehealth services. The standards shall be established in rules
adopted under section 5164.02 of the Revised Code.

In
accordance with section 5162.021 of the Revised Code, the medicaid
director shall adopt rules authorizing the directors of other state
agencies to adopt rules regarding the medicaid coverage of telehealth
services under programs administered by the other state agencies. Any
such rules adopted by the medicaid director or the directors of other
state agencies are not subject to the requirements of division (F) of
section 121.95 of the Revised Code.

(C)(1)
To the extent permitted under rules adopted under section 5164.02 of
the Revised Code and applicable federal law, the following
practitioners are eligible to provide telehealth services covered
pursuant to this section:

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

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

(c)
A physician
assistant

associate

licensed
under Chapter 4730. of the Revised Code;

(d)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner licensed under Chapter 4723. of the Revised Code;

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

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

(g)
A supervised practitioner or supervised trainee;

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

(i)
An audiology aide or speech-language pathology aide, as defined in
section 4753.072 of the Revised Code, or an individual holding a
conditional license under section 4753.071 of the Revised Code;

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

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

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

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

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

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

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

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

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

(s)
A practitioner who provides services through a medicaid school
program;

(t)
Subject to section 5119.368 of the Revised Code, a practitioner
authorized to provide services and supports certified under section
5119.36 of the Revised Code through a community mental health
services provider or community addiction services provider;

(u)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code;

(v)
Any other practitioner the medicaid director considers eligible to
provide telehealth services.

(2)
In accordance with division (B) of this section and to the extent
permitted under rules adopted under section 5164.02 of the Revised
Code and applicable federal law, the following provider types are
eligible to submit claims for medicaid payments for providing
telehealth services:

(a)
Any practitioner described in division (C)(1) of this section, except
for those described in divisions (C)(1)(g), (i), and (k) of this
section;

(b)
A professional medical group;

(c)
A federally qualified health center or federally qualified health
center look-alike, as defined in section 3701.047 of the Revised
Code;

(d)
A rural health clinic;

(e)
An ambulatory health care clinic;

(f)
An outpatient hospital;

(g)
A medicaid school program;

(h)
Subject to section 5119.368 of the Revised Code, a community mental
health services provider or community addiction services provider
that offers services and supports certified under section 5119.36 of
the Revised Code;

(i)
Any other provider type the medicaid director considers eligible to
submit the claims for payment.

(D)(1)
When providing telehealth services under this section, a practitioner
shall comply with all requirements under state and federal law
regarding the protection of patient information. A practitioner shall
ensure that any username or password information and any electronic
communications between the practitioner and a patient are securely
transmitted and stored.

(2)
When providing telehealth services under this section, every
practitioner site shall have access to the medical records of the
patient at the time telehealth services are provided.

Sec.
5503.08.
Each
state highway patrol officer shall, in addition to the sick leave
benefits provided in section 124.38 of the Revised Code, be entitled
to occupational injury leave. Occupational injury leave of one
thousand five hundred hours with pay may, with the approval of the
superintendent of the state highway patrol, be used for absence
resulting from each independent injury incurred in the line of duty,
except that occupational injury leave is not available for injuries
incurred during those times when the patrol officer is actually
engaged in administrative or clerical duties at a patrol facility,
when a patrol officer is on a meal or rest period, or when the patrol
officer is engaged in any personal business. The superintendent of
the state highway patrol shall, by rule, define those administrative
and clerical duties and those situations where the occurrence of an
injury does not entitle the patrol officer to occupational injury
leave. Each injury incurred in the line of duty which aggravates a
previously existing injury, whether the previously existing injury
was so incurred or not, shall be considered an independent injury.
When its use is authorized under this section, all occupational
injury leave shall be exhausted before any credit is deducted from
unused sick leave accumulated under section 124.38 of the Revised
Code, except that, unless otherwise provided by the superintendent of
the state highway patrol, occupational injury leave shall not be used
for absence occurring within seven calendar days of the injury.
During that seven calendar day period, unused sick leave may be used
for such an absence.

When
occupational injury leave is used, it shall be deducted from the
unused balance of the patrol officer's occupational injury leave for
that injury on the basis of one hour for every one hour of absence
from previously scheduled work.

Before
a patrol officer may use occupational injury leave, the patrol
officer shall:

(A)
Apply to the superintendent for permission to use occupational injury
leave on a form that requires the patrol officer to explain the
nature of the patrol officer's independent injury and the
circumstances under which it occurred; and

(B)
Submit to a medical examination. The individual who conducts the
examination shall report to the superintendent the results of the
examination and whether or not the independent injury prevents the
patrol officer from attending work.

The
superintendent shall, by rule, provide for periodic medical
examinations of patrol officers who are using occupational injury
leave. The individual selected to conduct the medical examinations
shall report to the superintendent the results of each such
examination, including a description of the progress made by the
patrol officer in recovering from the independent injury, and whether
or not the independent injury continues to prevent the patrol officer
from attending work.

The
superintendent shall appoint to conduct medical examinations under
this division individuals authorized by the Revised Code to do so,
including any physician
assistant
associate
,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife.

A
patrol officer is not entitled to use or continue to use occupational
injury leave after refusing to submit to a medical examination or if
the individual examining the patrol officer reports that the
independent injury does not prevent the patrol officer from attending
work.

A
patrol officer who falsifies an application for permission to use
occupational injury leave or a medical examination report is subject
to disciplinary action, including dismissal.

The
superintendent shall, by rule, prescribe forms for the application
and medical examination report.

Occupational
injury leave pay made according to this section is in lieu of such
workers' compensation benefits as would have been payable directly to
a patrol officer pursuant to sections 4123.56 and 4123.58 of the
Revised Code, but all other compensation and benefits pursuant to
Chapter 4123. of the Revised Code are payable as in any other case.
If at the close of the period, the patrol officer remains disabled,
the patrol officer is entitled to all compensation and benefits,
without a waiting period pursuant to section 4123.55 of the Revised
Code based upon the injury received, for which the patrol officer
qualifies pursuant to Chapter 4123. of the Revised Code. Compensation
shall be paid from the date that the patrol officer ceases to receive
the patrol officer's regular rate of pay pursuant to this section.

Occupational
injury leave shall not be credited to or, upon use, deducted from, a
patrol officer's sick leave.

Section
2.
That
existing sections 1.64, 124.32, 124.41, 124.42, 124.50, 503.45,
503.47, 505.38, 709.012, 737.15, 737.16, 737.22, 742.38, 911.11,
1337.11, 1349.05, 1561.26, 1751.01, 1785.01, 2108.61, 2133.01,
2133.211, 2135.01, 2151.3515, 2151.53, 2305.113, 2305.234, 2305.2311,
2305.41, 2305.51, 2711.22, 2743.62, 2907.01, 2907.13, 2907.29,
2909.04, 2921.22, 2925.01, 3107.12, 3111.91, 3301.531, 3313.5310,
3313.7112, 3313.7117, 3319.13, 3327.10, 3331.02, 3331.07, 3701.046,
3701.23, 3701.25, 3701.36, 3701.59, 3701.615, 3701.74, 3701.90,
3701.92, 3701.928, 3701.941, 3709.161, 3715.50, 3715.501, 3715.502,
3715.503, 3715.872, 3719.06, 3719.064, 3719.12, 3719.121, 3719.81,
3721.21, 3727.06, 3728.01, 3792.05, 3795.01, 3919.29, 3963.01,
4503.44, 4507.20, 4715.30, 4723.01, 4723.18, 4723.181, 4723.72,
4723.73, 4729.01, 4729.39, 4730.02, 4730.03, 4730.04, 4730.05,
4730.06, 4730.07, 4730.08, 4730.10, 4730.101, 4730.11, 4730.111,
4730.12, 4730.13, 4730.14, 4730.141, 4730.15, 4730.19, 4730.20,
4730.201, 4730.202, 4730.203, 4730.204, 4730.21, 4730.22, 4730.25,
4730.251, 4730.252, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32,
4730.33, 4730.34, 4730.38, 4730.39, 4730.41, 4730.411, 4730.42,
4730.43, 4730.432, 4730.433, 4730.437, 4730.44, 4730.49, 4730.53,
4730.55, 4730.56, 4730.57, 4730.60, 4731.053, 4731.054, 4731.22,
4731.2210, 4731.25, 4731.297, 4731.33, 4731.37, 4743.09, 4755.48,
4755.623, 4761.01, 4761.11, 4761.17, 4765.01, 4765.35, 4765.36,
4765.37, 4765.38, 4765.39, 4765.49, 4765.51, 4769.01, 4933.122,
5101.19, 5103.0327, 5104.0110, 5104.037, 5119.185, 5119.363, 5123.47,
5164.072, 5164.301, 5164.95, and 5503.08 of the Revised Code are
hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
3701.74 of the Revised Code as amended by both S.B. 95 and S.B. 196
of the 135th General Assembly.

Section
3715.872 of the Revised Code as amended by both S.B. 95 and S.B. 196
of the 135th General Assembly.

Section
4503.44 of the Revised Code as amended by both H.B. 33 and H.B. 195
of the 135th General Assembly.

Section
4730.11 of the Revised Code as amended by both H.B. 442 and H.B. 263
of the 133rd General Assembly.

Section
4730.53 of the Revised Code as amended by S.B. 110 of the 131st
General Assembly and H.B. 394 and S.B. 276 both of the 130th General
Assembly.

Section
4731.22 of the Revised Code as amended by both S.B. 95 and S.B. 109
of the 135th General Assembly.