Revise the Chemical Dependency Professionals Board and duties

hb718_01_RH

As Reported by the House Community Revitalization Committee

136th
General Assembly

Regular
Session
H. B. No. 718

2025-2026

Representatives Brownlee, Salvo

Cosponsors: Representatives Brennan,
Brent, Lett, Piccolantonio, Rader, Russo

To
amend sections 107.56, 126.42, 340.04, 4743.09, 4745.04, 4757.41,
4758.01, 4758.02, 4758.03, 4758.10, 4758.11, 4758.12, 4758.13,
4758.15, 4758.16, 4758.17, 4758.20, 4758.21, 4758.22, 4758.221,
4758.23, 4758.24, 4758.25, 4758.26, 4758.27, 4758.28, 4758.29,
4758.30, 4758.31, 4758.32, 4758.35, 4758.36, 4758.39, 4758.40,
4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47,
4758.48, 4758.51, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59,
4758.62, 4758.63, 4758.64, 4758.70, 4758.72, 4776.01, 4776.20,
5119.94, and 5122.15; to enact sections 4758.011, 4758.38, 4758.49,
4758.491, 4758.65, 4758.651, 4758.66, and 4758.661; and to repeal
section 4758.52 of the Revised Code
to
change the name of the Chemical Dependency Professionals Board to the
Behavioral Health Professionals Board, to require the Board to
certify peer supporters and qualified mental health professionals,
and to make other changes to the laws governing the Board and the
professionals it regulates.

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

Section
1.
That
sections 107.56, 126.42, 340.04, 4743.09, 4745.04, 4757.41, 4758.01,
4758.02, 4758.03, 4758.10, 4758.11, 4758.12, 4758.13, 4758.15,
4758.16, 4758.17, 4758.20, 4758.21, 4758.22, 4758.221, 4758.23,
4758.24, 4758.25, 4758.26, 4758.27, 4758.28, 4758.29, 4758.30,
4758.31, 4758.32, 4758.35, 4758.36, 4758.39, 4758.40, 4758.41,
4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48,
4758.51, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59, 4758.62,
4758.63, 4758.64, 4758.70, 4758.72, 4776.01, 4776.20, 5119.94, and
5122.15 be amended and sections 4758.011, 4758.38, 4758.49, 4758.491,
4758.65, 4758.651, 4758.66, and 4758.661 of the Revised Code be
enacted to read as follows:

Sec.
107.56.
(A)
As used in this section, "board or commission" means any of
the following:

(1)
The accountancy board;

(2)
The architects board;

(3)
The state cosmetology and barber board;

(4)
The board of embalmers and funeral directors;

(5)
The board of executives of long-term services and supports;

(6)
The crematory review board;

(7)
The motor vehicle dealers board;

(8)
The motor vehicle repair board;

(9)
The motor vehicle salvage dealer's licensing board;

(10)
The Ohio athletic commission;

(11)
The Ohio construction industry licensing board;

(12)
The Ohio landscape architects board;

(13)
The Ohio real estate commission;

(14)
The real estate appraiser board;

(15)
The state auctioneers commission;

(16)
The state speech and hearing professionals board;

(17)
The state board of education;

(18)
The state board of emergency medical, fire, and transportation
services;

(19)
The board of nursing;

(20)
The state board of pharmacy;

(21)
The state board of registration for professional engineers and
surveyors;

(22)
The state board of psychology;

(23)
The state chiropractic board;

(24)
The state dental board;

(25)
The state medical board;

(26)
The state veterinary medical licensing board;

(27)
The state vision professionals board;

(28)
The counselor, social worker, and marriage and family therapist
board;

(29)
The
chemical
dependency
behavioral
health
professionals
board;

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

(31)
Any other multi-member body created under state law that licenses or
otherwise regulates an occupation or industry to which one or more
members of the body belongs.

(B)
The common sense initiative office shall review an action taken or
proposed by a board or commission that is subject to review under
this section and that is referred to the office pursuant to division
(C) of this section.

(1)
The following actions are subject to review under this section:

(a)
Any action that directly or indirectly has an effect of any of the
following:

(i)
Fixing prices, limiting price competition, or increasing prices in
this state for the goods or services that are provided by the
occupation or industry regulated by the board or commission;

(ii)
Dividing, allocating, or assigning customers, potential customers, or
geographic markets in this state among members of the occupation or
industry regulated by the board or commission;

(iii)
Excluding present or potential competitors from the occupation or
industry regulated by the board or commission;

(iv)
Limiting the output or supply in this state of any good or service
provided by the members of the occupation or industry regulated by
the board or commission.

(b)
Any other activity that could be subject to state or federal
antitrust law if the action were undertaken by a private person or
combination of private persons.

(2)
Except as provided in division (H) of this section, the following
actions are not subject to review under this section:

(a)
Denying an application to obtain a license because the applicant has
violated or has not complied with the Ohio Revised Code or the Ohio
Administrative Code;

(b)
Taking disciplinary action against an individual or corporation that
is licensed by a board or commission for violations of the Ohio
Revised Code or the Ohio Administrative Code.

(C)(1)
The following persons or entities may refer an action to the office
for review under this section:

(a)
A board or commission that has taken or is proposing to take an
action;

(b)
A person who is affected by an action taken by a board or commission
or is likely to be affected by an action proposed by a board or
commission;

(c)
A person who has been granted a stay pursuant to division (G) of this
section.

(2)
A board or commission or person who refers an action to the office
shall prepare a brief statement explaining the action and its
consistency or inconsistency with state or federal antitrust law and
file the statement with the office. If the action is in writing, the
board or commission or person shall attach a copy of it to the
statement. The person shall transmit a copy of the statement to the
board or commission.

(3)
The referral of an action by a board or commission for review by the
office does not constitute an admission that the action violates any
state or federal law.

(4)
A person who is affected by an action taken by a board or commission
or is likely to be affected by an action proposed by a board or
commission shall refer the action to the office for review within
thirty days after receiving notice of the action or proposed action.

(5)
If an ongoing action or an action proposed by a board or commission
is referred to the office for review under this section, the board or
commission shall cease the ongoing action or not take the proposed
action until the office has approved of the action pursuant to
division (E) of this section and prepared and transmitted the
memorandum required under division (F) of this section.

(D)
The office shall determine whether an action referred to the office
under this section is supported by, and consistent with, a clearly
articulated state policy as expressed in the statutes creating the
board or commission or the statutes and rules setting forth the
board's or commission's powers, authority, and duties. If the office
finds this to be the case, the office shall determine whether the
clearly articulated state policy is merely a pretext by which the
board or commission enables the members of an occupation or industry
the board or commission regulates to engage in anticompetitive
conduct that could be subject to state or federal antitrust law if
the action were taken by a private person or combination of private
persons.

(E)
After making the determinations required under division (D) of this
section, the office shall take one of the following actions:

(1)
Approve the board or commission action if the office determines that
the action is pursuant to a clearly articulated state policy and that
the policy is not a pretext as described in division (D) of this
section. If the office approves the board's or commission's action,
the board or commission may proceed to take or may continue the
action.

(2)
Disapprove the board or commission action if the office determines
that the action is not pursuant to a clearly articulated state policy
or that if it is pursuant to a clearly articulated state policy, that
policy is a pretext as described in division (D) of this section. If
the office disapproves the board's or commission's action, the action
is void.

(F)
The office shall prepare a memorandum that explains the office's
approval or disapproval. The office shall transmit a copy of the
memorandum to the person and the board or commission or to the board
or commission if only the board or commission is involved. The office
shall post the memorandum on the web site maintained by the office.

(G)(1)
A person having standing to commence and prosecute a state or federal
antitrust action against a board or commission shall exhaust the
remedies provided by this section before commencing such an action.
This division shall not apply to the attorney general, a county
prosecuting attorney, or any assistant prosecutor designated to
assist a county prosecuting attorney.

(2)
The state, a board or commission, or a member of a board or
commission in the member's official capacity, may request a stay of
any lawsuit alleging that a board or commission engaged in
anticompetitive conduct by taking an action described in division
(B)(1) or (2) of this section that has not been previously reviewed
by the office under this section. If the lawsuit was initiated by a
person other than the attorney general, a county prosecuting
attorney, or any assistant prosecutor designated to assist a county
prosecuting attorney, the court shall grant the request. If the
lawsuit was initiated by the attorney general, a county prosecuting
attorney, or any assistant prosecutor designated to assist a county
prosecuting attorney, the court shall deny the request. Any stay
granted under this division will continue in effect until the office
has prepared and transmitted the memorandum required under division
(F) of this section.

(H)
The office shall review any action referred to the office by a party
who has been granted a stay pursuant to division (G) of this section.

(I)
Notwithstanding any provision of this section to the contrary, an
action taken by a board or commission is not subject to review under
this section if the members of the board or commission who are
members of the occupation or industry affected by the action are
prohibited by statute from hearing, considering, deciding, or
otherwise participating in the action.

(J)
The office shall adopt rules under Chapter 119. of the Revised Code
that are necessary for the implementation and administration of this
section.

Sec.
126.42.
(A)
Notwithstanding any provision of law to the contrary, the office of
budget and management shall perform routine support for the following
boards and commissions:

(1)
Architects board;

(2)
State chiropractic board;

(3)
State cosmetology and barber board;

(4)
Accountancy board;

(5)
State dental board;

(6)
Ohio occupational therapy, physical therapy, and athletic trainers
board;

(7)
State board of registration for professional engineers and surveyors;

(8)
Board of embalmers and funeral directors;

(9)
State board of psychology;

(10)
Counselor, social worker, and marriage and family therapist board;

(11)
State veterinary medical licensing board;

(12)
Commission on Hispanic-Latino affairs;

(13)
Commission on African-Americans;

(14)

Chemical
dependency
Behavioral
health
professionals
board;

(15)
State vision professionals board;

(16)
State speech and hearing professionals board;

(17)
New African immigrants commission.

(B)(1)
For purposes of this section, the office of budget and management
shall perform the following routine support services for the boards
and commissions named in division (A) of this section unless the
controlling board exempts a board or commission from this requirement
on the recommendation of the office of budget and management:

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

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

(c)
Maintaining ledgers of accounts and balances;

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

(e)
Routine human resources and personnel services;

(f)
Other routine support services that the director of budget and
management considers appropriate to achieve efficiency.

(2)
In addition to the routine support services listed in division (B)(1)
of this section, the office of budget and management may perform
other services which a board or commission named in division (A) of
this section delegates to the office and the office accepts.

(3)
The office of budget and management may perform routine support
services for any board or commission not named in division (A) of
this section at the request of the board or commission.

(C)
The office of budget and management shall determine the fees to be
charged to the boards and commissions, which shall be in proportion
to the services performed for each board or commission.

Sec.
340.04.
Each
board of alcohol, drug addiction, and mental health services shall
employ a
qualified

mental
health

professional

or addiction services professional with experience in administration
or a professional administrator with experience in mental health
services or addiction services to serve as executive director of the
board and shall prescribe the director's duties.

The
board shall fix the compensation of the executive director. In
addition to such compensation, the director shall be reimbursed for
actual and necessary expenses incurred in the performance of the
director's official duties. The board, by majority vote of the full
membership, may remove the director for cause at any time, contingent
upon any written contract between the board and the executive
director, upon written charges, after an opportunity has been
afforded the director for a hearing before the board on request.

The
board may delegate to its executive director the authority to act in
its behalf in the performance of its administrative duties.

As
used in this section, "mental health professional" and
"addiction services professional" mean an individual who is
qualified to work with persons with mental illnesses or persons
receiving addiction services,
respectively,

pursuant
to standards established by the director of behavioral health under
Chapter 5119. of the Revised Code.

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

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

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

(3)
"Health care professional" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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
behavioral
health
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)
(C)

of section 3796.01 of the Revised Code, medical marijuana shall not
be considered a schedule II controlled substance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec.
4745.04.
(A)
As used in this section:

(1)
"Indigent and uninsured person" and "volunteer"
have the same meanings as in section 2305.234 of the Revised Code.

(2)
"Licensing agency that licenses health care professionals"
means all of the following:

(a)
The state dental board established under Chapter 4715. of the Revised
Code;

(b)
The board of nursing established under Chapter 4723. of the Revised
Code;

(c)
The state vision professionals board established under Chapter 4725.
of the Revised Code;

(d)
The state board of pharmacy established under Chapter 4729. of the
Revised Code;

(e)
The state medical board established under Chapter 4731. of the
Revised Code;

(f)
The state board of psychology established under Chapter 4732. of the
Revised Code;

(g)
The state chiropractic board established under Chapter 4734. of the
Revised Code;

(h)
The Ohio occupational therapy, physical therapy, and athletic
trainers board established under Chapter 4755. of the Revised Code;

(i)
The counselor, social worker, and marriage and family therapist board
established under Chapter 4757. of the Revised Code;

(j)
The
chemical
dependency
behavioral
health
professionals
board established under Chapter 4758. of the Revised Code;

(k)
The state board of emergency medical services established under
Chapter 4765. of the Revised Code;

(l)
The state speech and hearing professionals board established under
Chapter 4744. of the Revised Code;

(m)
Any other licensing agency that considers its licensees to be health
care professionals.

(B)
Notwithstanding any provision of the Revised Code to the contrary, a
licensing agency that licenses health care professionals shall apply
toward the satisfaction of a portion of a licensee's continuing
education requirement the provision of health care services if all of
the following apply:

(1)
The licensing agency that licenses health care professionals requires
a licensee to complete continuing education as a condition of having
a license renewed by the agency.

(2)
The licensee provides the health care services to an indigent and
uninsured person.

(3)
The licensee provides the health care services as a volunteer.

(4)
The licensee satisfies the requirements of section 2305.234 of the
Revised Code to qualify for the immunity from liability granted under
that section.

(5)
The health care services provided are within the scope of authority
of the licensee renewing the license.

(C)(1)
Except as provided in division (C)(2) of this section, a licensing
agency that licenses health care professionals shall permit a
licensee to satisfy up to one-third of the licensee's continuing
education requirement by providing health care services as a
volunteer. A licensing agency that licenses health care professionals
shall permit a licensee to earn continuing education credits at the
rate of one credit hour for each sixty minutes spent providing health
care services as a volunteer.

(2)
In the case of a person holding a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery, the state medical board shall permit the person to satisfy
not more than ten hours of the person's continuing education
requirement by providing health care services as a volunteer. The
board shall permit a licensee to earn continuing education credits at
the rate of one credit hour for every five hours spent providing
health care services as a volunteer.

(D)
A licensing agency that licenses health care professionals shall
adopt rules as necessary to implement this section. The rules shall
be adopted in accordance with Chapter 119. of the Revised Code.

(E)
Continuing education credit received under this section for providing
health care services is not compensation or any other form of
remuneration for purposes of section 2305.234 of the Revised Code and
does not make the provider of those services ineligible for the
immunity from liability granted under that section.

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

(1)
A person certified by the state board of education under Chapter
3319. of the Revised Code while performing any services within the
person's scope of employment by a board of education or by a private
school meeting the standards prescribed by the director of education
and workforce under division (D) of section 3301.07 of the Revised
Code or in a program operated under Chapter 5126. of the Revised Code
for training individuals with developmental disabilities;

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

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

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

(5)
Any person who is not licensed under this chapter as a licensed
professional clinical counselor, licensed professional counselor,
independent social worker, or social worker and is employed in the
civil service as defined in section 124.01 of the Revised Code while
engaging in professional counseling or social work as a civil service
employee, if on July 10, 2014, the person has at least two years of
service in that capacity;

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

(7)
An individual who holds a license or certificate under Chapter 4758.
of the Revised Code who is acting within the scope of the
individual's license or certificate as a member of the profession of

chemical
dependency
substance
use disorder
counseling

or
,

prevention
services
,
or peer support services or who is providing services under that
chapter as a qualified mental health assistant, qualified mental
health specialist, or qualified mental health practitioner
;

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

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

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

(11)
A vocational rehabilitation professional who is providing
rehabilitation services to individuals under section 3304.17 of the
Revised Code, or holds certification by the commission on
rehabilitation counselor certification and is providing
rehabilitation counseling services consistent with the commission's
standards;

(12)
A caseworker not licensed under this chapter as an independent social
worker or social worker who is employed by a public children services
agency under section 5153.112 of the Revised Code;

(13)
A person completing supervised experience to qualify for a license as
an art therapist or music therapist, provided that experience is
completed under the supervision of a licensed art therapist or music
therapist, as applicable.

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

(C)
Except as provided in divisions (A) and (D) of this section, no
employee in the service of the state, including public employees as
defined by Chapter 4117. of the Revised Code, shall engage in the
practice of professional counseling, social work, or marriage and
family therapy without the appropriate license issued by the board.
Failure to comply with this division constitutes nonfeasance under
section 124.34 of the Revised Code or just cause under a collective
bargaining agreement. Nothing in this division restricts the director
of administrative services from developing new classifications
related to this division or from reassigning affected employees to
appropriate classifications based on the employee's duties and
qualifications.

(D)
Except as provided in division (A) of this section, an employee who
was engaged in the practice of professional counseling, social work,
or marriage and family therapy in the service of the state prior to
July 10, 2014, including public employees as defined by Chapter 4117.
of the Revised Code, shall comply with division (C) of this section
within two years after July 10, 2014. Any such employee who fails to
comply shall be removed from employment.

(E)
Nothing in this chapter prevents a public children services agency
from employing as a caseworker a person not licensed under this
chapter as an independent social worker or social worker who has the
qualifications specified in section 5153.112 of the Revised Code.

Sec.
4758.01.
As
used in this chapter:

(A)
"Accredited educational institution" means an educational
institution accredited by an accrediting agency accepted by the
department of higher education.

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

(a)
Analyzing background and current information;

(b)
Exploring possible solutions;

(c)
Developing and providing a treatment plan;

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

(2)
"Alcohol and other drug clinical counseling principles, methods,
or procedures" includes counseling, assessing, consulting, and
referral as they relate to substance use disorder conditions.

(C)

(B)
"Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.

(C)
"Family peer support services" means services that promote
resiliency and recovery, self-determination, advocacy, well-being,
and skill development for caregivers and families of individuals with
a mental illness or substance use disorder, or both, and who may also
have a co-occurring developmental disability.

(D)
"
Gambling
disorder" means a persistent and recurring maladaptive gambling
behavior that is classified in accepted nosologies, including the
diagnostic and statistical manual of mental disorders and the
international classification of diseases
,
and in editions of those nosologies published after September 15,
2014
.

(D)
(E)
"Mental, emotional, and behavioral conditions" means
mental, emotional, or behavioral symptoms or disorders, excluding
substance use disorder conditions, that are classified in accepted
nosologies, including the diagnostic and statistical manual of mental
disorders and the international classification of diseases.

(F)
"Peer recovery support services" means services that
promote resiliency and recovery, self-determination, advocacy,
well-being, and skill development for individuals with a mental
illness or substance use disorder, or both, and who may also have a
co-occurring developmental disability, or the caregivers or families
of the foregoing.

(G)
"Peer supporter" includes a peer recovery supporter, a
youth peer supporter, or a family peer supporter certified under this
chapter.

(H)
"Peer support services" means services that promote
resiliency and recovery, self-determination, advocacy, well-being,
and skill development for individuals, caregivers of, and families of
individuals with a mental illness or substance use disorder, or both,
and who may also have a co-occurring developmental disability.

(I)

"Prevention services" means
a
comprehensive, multi-system set of individual and environmental
approaches that maximizes physical health, promotes safety, and
precludes
services
that are a planned sequence of culturally relevant and evidence-based
strategies designed to reduce the likelihood of, or delay
the
onset of
,
mental, emotional, and

behavioral
health
disorders
conditions
.

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

(K)

Unless the context provides otherwise, "scope of practice"
means the services, methods, and techniques in which and the areas
for which a person who holds a license, certificate, or endorsement
under this chapter is trained and qualified.

(F)
(L)

"Substance abuse professional" has the same meaning as in
49 C.F.R. 40.3.

(G)
(M)
"Substance use disorder clinical counseling principles, methods,
or procedures" means counseling, assessing, treatment planning,
crisis intervention, and referral as they relate to substance use
disorder conditions.

(N)

"Substance use disorder conditions" means those conditions
relating to the abuse of or dependency on alcohol or other drugs that
are classified in accepted nosologies, including the diagnostic and
statistical manual of mental disorders and the international
classification of diseases
,
and in editions of those nosologies published after December 23,
2002
.

(H)
(O)

"Substance use disorder counseling" means rendering or
offering to render to individuals, groups, or the public a counseling
service involving the application of
alcohol
and other drug
substance
use disorder
clinical
counseling principles, methods, or procedures

to assist individuals who are abusing or dependent on alcohol or
other drugs
.

(I)
(P)

"United States department of transportation drug and alcohol
testing program" means a transportation workplace drug and
alcohol testing program governed by 49 C.F.R. part 40.

(Q)
"Youth peer support services" means services that promote
resiliency and recovery, self-determination, advocacy, well-being,
and skill development for individuals, primarily those who are not
more than thirty years of age, with a mental illness or substance use
disorder, or both, and who may also have a co-occurring developmental
disability, as well as the individuals' caregivers or families.

Sec.
4758.011.
Whenever
the term "chemical dependency professionals board" is used,
referred to, or designated in any statute, rule, contract, grant, or
other document, the use, reference, or designation shall be construed
to mean the behavioral health professionals board.

Sec.
4758.02.
Except
as provided in section 4758.03 of the Revised Code, no person shall
do any of the following:

(A)
Engage in or represent to the public that the person engages in
substance use disorder counseling for a fee, salary, or other
consideration unless the person holds a valid independent chemical
dependency counselor-clinical supervisor license, independent
chemical dependency counselor license, chemical dependency counselor
III license, chemical dependency counselor II license, or chemical
dependency counselor assistant certificate issued under this chapter;

(B)
Use the title "licensed independent chemical dependency
counselor-clinical supervisor," "LICDC-CS," "licensed
independent chemical dependency counselor," "LICDC,"
"licensed chemical dependency counselor III," "LCDC
III," "licensed chemical dependency counselor II,"
"LCDC II," "chemical dependency counselor assistant,"
"CDCA," or any other title or description incorporating the
words "chemical dependency counselor" or any other initials
used to identify persons acting in those capacities unless currently
authorized under this chapter to act in the capacity indicated by the
title or initials;

(C)
Represent to the public that the person holds a gambling disorder
endorsement unless the person holds a valid gambling disorder
endorsement issued under this chapter;

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

(E)
Use the title "certified prevention consultant," "CPC,"
"certified prevention specialist," "CPS,"
"certified prevention specialist assistant," "CPSA,"
"registered applicant," "RA," or any other title,
description, or initials used to identify persons acting in those
capacities unless currently authorized under this chapter to act in
the capacity indicated by the title or initials
;

(F)
Beginning one year after the effective date of this amendment, engage
in or represent to the public that the person engages in the
provision of peer recovery support services, youth peer support
services, or family peer support services for a fee, salary, or other
consideration unless the person holds a valid peer recovery supporter
certificate, youth peer supporter certificate, or family peer
supporter certificate issued under this chapter;

(G)
Beginning one year after the effective date of this amendment, use
the title "certified peer supporter," "certified peer
recovery supporter," "certified youth peer supporter,"
"certified family peer supporter," "licensed peer
supporter," "licensed peer recovery supporter,"
"licensed youth peer supporter," "licensed family peer
supporter," "peer supporter," or any other title or
initials used to identify persons acting in those capacities unless
currently authorized under this chapter to act in the capacity
indicated by the title or initials;

(H)
Beginning one year after the effective date of this amendment,
represent to the public that the person holds a peer support
supervisor endorsement unless the person holds a valid peer support
supervisor endorsement issued under this chapter;

(I)
Beginning one year after the effective date of this amendment, use
the title "qualified mental health assistant," "QMHA,"
"qualified mental health specialist," "QMHS,"
"qualified mental health practitioner," "QMHP,"
or any other title or initials used to identify persons acting in
those capacities unless currently authorized under this chapter to
act in the capacity indicated by the title or initials
.

Sec.
4758.03.
Section
4758.02 of the Revised Code does not apply to any of the following:

(A)
An individual who holds a valid license, registration, certificate,
or credentials issued under another chapter of the Revised Code while
performing services within the recognized scope, standards, and
ethics of the individual's profession;

(B)
An individual who is a rabbi, priest, Christian Science practitioner,
clergy, or member of a religious order and other individuals
participating with them in pastoral counseling when the substance use
disorder counseling activities are within the scope of the
performance of their regular or specialized ministerial duties and
are performed under the auspices or sponsorship of an established and
legally cognizable church, denomination, or sect or
,
as defined in 26 C.F.R. 1.6033-2(h),

an integrated auxiliary of a church

as defined in paragraph (h) of 26 Code of Federal Regulations
1.6033-2 (2000) as amended
,
and the individual rendering the service remains accountable to the
established authority of that church, denomination, sect, or
integrated auxiliary;

(C)
A student in an accredited educational institution while carrying out
activities that are part of the student's prescribed course of study
if the activities are supervised as required by the educational
institution and the student is not represented as an individual who
holds a license

or
,

certificate
,
or endorsement

issued under this chapter.

Sec.
4758.10.
(A)
There is
hereby
created
the

chemical
dependency
behavioral
health
professionals
board.

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

(1)
Four individuals who hold a valid independent chemical dependency
counselor-clinical supervisor license or independent chemical
dependency counselor license issued under this chapter,
including

at
least two of whom have received
at
least
a
master's degree

or higher

in a field related to substance use disorder counseling from an
accredited educational institution

and at least two of whom are also licensed as an independent social
worker, professional clinical counselor, or independent marriage and
family therapist under Chapter 4757. of the Revised Code
;

(2)

Two
individuals
One
individual
who

hold

holds

a
valid chemical dependency counselor III license issued under this
chapter;

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

(4)
Two individuals who hold a valid prevention consultant certificate or
prevention specialist certificate issued under this chapter;

(5)
One individual who
is
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery and has
experience practicing in a field related to chemical dependency
counseling
holds
a valid peer recovery supporter certificate, youth peer supporter
certificate, or family peer supporter certificate issued under this
chapter
;

(6)

Two
individuals who hold a qualified mental health assistant certificate,
qualified mental health specialist certificate, or qualified mental
health practitioner certificate issued under this chapter;

(7)

Two
individuals who represent the public and have not practiced
or
provided
substance
use disorder counseling

or
,

prevention services
,
or peer support services, have not practiced as a qualified mental
health assistant, a qualified mental health specialist, or a
qualified mental health practitioner,

and have not been involved in the delivery of substance use disorder
counseling

services or
,

prevention services
,
peer support services, or services provided by a qualified mental
health assistant, qualified mental health specialist, or qualified
mental health practitioner
.
At least one of these individuals shall be at least fifty years of
age. During their terms, the public members shall not practice

or provide

substance use disorder counseling

or
,

prevention services
,
or peer support services, practice as a qualified mental health
assistant, qualified mental health specialist, or qualified mental
health practitioner,

or be involved in the delivery of substance use disorder counseling

services or
,

prevention services
,
peer support services, or services provided by a qualified mental
health assistant, qualified mental health specialist, or qualified
mental health practitioner
.

(C)
The director of
mental

behavioral

health

and
addiction services
shall
appoint an individual who represents the department of
mental

behavioral

health

and
addiction services
to
serve as an ex officio member of the
chemical
dependency professionals
board.

(D)
Not more than one-half of the voting members of the board may be
members of the same political party.

Sec.
4758.11.
Of
the initial appointees to the chemical dependency professionals board
appointed by the governor under division (B) of section 4758.10 of
the Revised Code, four shall be appointed for terms ending one year
after December 23, 2002, four shall be appointed for terms ending two
years after December 23, 2002, and four shall be appointed for terms
ending three years after December 23, 2002. After the initial
appointments, terms
Terms

of
office
of
members of the behavioral health professional board appointed by the
governor under section 4758.10 of the Revised Code
shall
be three years,
with

each
term ending on the same day of the same month of the year as the term
it succeeds.

A
voting member of the board shall hold office from the date of
appointment until the end of the term for which the member was
appointed. A voting member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. A voting member shall continue in office after 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.
Voting members may be reappointed, except that an individual who has
held office for two consecutive full terms shall not be reappointed
sooner than one year after the expiration of the second full term.

The
ex officio member of the board appointed by the director of
mental

behavioral

health

and
addiction services
under
division (C) of section 4758.10 of the Revised Code shall serve at
the pleasure of the director.

Sec.
4758.12.
The
voting members of the
chemical
dependency
behavioral
health
professionals
board shall receive an amount fixed under division (J) of section
124.15 of the Revised Code for each day employed in the discharge of
their official duties as board members and shall be reimbursed for
their necessary and actual expenses incurred in the performance of
their official duties.

Sec.
4758.13.
The

chemical
dependency
behavioral
health
professionals
board shall meet to discuss matters relating to the administration
and operation of the board and the regulation of the practices
or
provision
of
substance use disorder counseling

and
,
peer support services,

prevention services
,
and services provided by qualified mental health assistants,
qualified mental health specialists, and qualified mental health
practitioners
.
The board shall hold at least one regular meeting every three months.
Additional meetings may be held at such times as the board
determines, on the call of the chairperson, or on the written request
to the executive director of three or more voting board members. If
three or more voting members request a meeting, the executive
director shall call a meeting, which shall be held not later than
seven days after the request is received.

Seven

Eight

voting
members of the board constitute a quorum to conduct business. Except
as provided in section 4758.32 of the Revised Code, no action shall
be taken without the concurrence of at least a quorum.

At
its first meeting each year, the board shall elect a chairperson from
among its voting members. No member shall serve more than two
consecutive terms as chairperson.

The
board shall keep any records and minutes necessary to fulfill the
duties established by this chapter and rules adopted under it.

Sec.
4758.15.
The

chemical
dependency
behavioral
health
professionals
board shall employ an executive director. The board may employ and
prescribe the powers and duties of employees and consultants as are
necessary for it to carry out the board's duties under this chapter
and the rules adopted under it.

Sec.
4758.16.
The

chemical
dependency
behavioral
health
professionals
board shall not discriminate against any licensee, certificate
holder, endorsement holder, or applicant for a license, certificate,
or endorsement under this chapter because of the individual's race,
color, religion, gender, national origin, disability as defined in
section 4112.01 of the Revised Code, or age. The board shall afford a
hearing to any individual who files with the board a statement
alleging discrimination based on any of those reasons.

Sec.
4758.17.
The

chemical
dependency
behavioral
health
professionals
board shall adopt a seal to authenticate its records and proceedings.

A
statement, signed by the executive director of the board to which is
affixed the official seal of the board, to the effect that an
individual specified in the statement does not currently hold a
license

or
,

certificate
,
or endorsement

under this chapter or that a license

or
,

certificate
,
or endorsement

issued by the board under this chapter has been revoked or suspended,
shall be received as prima-facie evidence of a record of the board in
any court or before any officer of the state.

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

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

(2)
If the board, pursuant to section 4758.221 of the Revised Code,
elects to administer examinations for individuals seeking to act as
substance abuse professionals in a United States department of
transportation drug and alcohol testing program, the board's
administration of the examinations;

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

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

(a)
The documents that an individual seeking such a license, certificate,
or endorsement must submit to the board;

(b)
Requirements to obtain the license, certificate, or endorsement that
are in addition to the requirements established under sections

4758.38,

4758.39,
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46,
4758.47,
and

4758.48
,
4758.49, and 4758.491

of the Revised Code. The additional requirements may include
internships and practicums.

(c)

The

As
provided by section 4776.03 of the Revised Code, requirements for
criminal records checks of individuals seeking an initial license,
certificate, or endorsement.

(5)
For the purpose of division (B)(1) of section 4758.27 of the Revised
Code, the
period
of time that an individual whose registered applicant certificate has
expired must wait before applying for a new registered applicant
certificate
.
;

(5)
(6)

For the purpose of section 4758.28 of the Revised Code, requirements
for approval of
continuing

education

courses
of study for individuals who hold a license, certificate, or
endorsement issued under this chapter
programs
;

(6)

(7)
For the purpose of determining the amount of a fine to be imposed
under section 4758.30 of the Revised Code, a graduated system of
fines based on the scope and severity of violations and the history
of compliance, not to exceed five hundred dollars per incident;

(8)

For
the purpose of section 4758.30 of the Revised Code, both of the
following:

(a)
The intervention for and treatment of an individual holding a
license, certificate, or endorsement issued under this chapter whose
abilities to practice are impaired due to abuse of or dependency on
alcohol or other drugs or other physical or mental condition;

(b)
Requirements governing reinstatement of a suspended or revoked
license, certificate, or endorsement, including requirements for
determining the amount of time an individual must wait to apply for
reinstatement.

(7)
(9)

For the purpose of section 4758.31 of the Revised Code, methods of
ensuring that all records the board holds pertaining to an
investigation remain confidential

during the investigation
;

(8)
(10)

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

(9)
(11)
For the purpose of section 4758.38 of the Revised Code, all of the
following:

(a)
The equivalent of a high school diploma acceptable for certification;

(b)
Standards for work experience in core mental health functions
required for an associate degree holder in a mental health-related
field to be certified as a qualified mental health practitioner;

(c)
Standards for training in mental health content areas;

(d)
Additional mental health-related degrees that qualify an individual
for certification as a qualified mental health specialist or a
qualified mental health practitioner.

(12)

For the purpose of division (A) of section 4758.39, division (A) of
section 4758.40, and division
(A)
(A)(1)

of section 4758.41 of the Revised Code, course requirements for a
degree in a behavioral science or nursing that may include specific
content areas and minimum hours for course requirements;

(10)
(13)
For the purpose of division (A)(2) of section 4758.41 of the Revised
Code, requirements for a course of study in substance use disorders
and a specialized substance use disorder internship or practicum;

(14)

For the purpose of division (B) of section 4758.39 of the Revised
Code, the number of hours of compensated work or supervised
internship experience that an individual must have and the number of
those hours that must be in clinical supervisory experience;

(11)
(15)

For the purpose of division (C) of section 4758.39, division (C) of
section 4758.40, division (C) of section 4758.41, and division (A)(3)
of section 4758.42 of the Revised Code, both of the following:

(a)
The number of hours of training in substance use disorders an
individual must have;

(b)
Training requirements for substance use disorders that shall, at a
minimum, include qualifications for the individuals who provide the
training and the content areas covered in the training.

(12)
(16)

For the purpose of division (B) of section 4758.40, division (B) of
section 4758.41, and division (A)(2) of section 4758.42 of the
Revised Code, the number of hours of compensated work or supervised
internship experience that an individual must have;

(13)
For the purpose of division (A) of section 4758.41 of the Revised
Code, course requirements for a degree in a behavioral science or
nursing;

(14)

(17)

For
the purpose of section 4758.42 of the Revised Code, both of the
following:

(a)
Education requirements for substance use disorders;

(b)
Requirements for programs that provide practicum experience in
substance use disorders.

(15)
(18)

For the purpose of section 4758.43 of the Revised Code, both of the
following:

(a)
The number of hours of training

or education

in substance use disorder counseling that an individual must have;

(b)

Training
requirements for substance use disorder counseling that shall, at a
minimum, include qualifications for the individuals who provide the
training and the content areas covered in the training
Requirements
for obtaining a chemical dependency counselor preliminary
certificate
.

(16)
(19)

For the purpose of section 4758.44 of the Revised Code,
both

all

of
the following:

(a)
The number of hours of compensated work experience in prevention
services that an individual must have and the number of those hours
that must be in administering or supervising the services;

(b)
The field of study in which an individual must obtain
at
least
a
bachelor's degree

or higher;

(c)
The number of hours of administrative or supervisory education that
an individual must have
.

(17)
(20)

For the purpose of division (C) of section 4758.44, division (C) of
section 4758.45, and division (D) of section 4758.46 of the Revised
Code, both of the following:

(a)
The number of hours of prevention-related education that an
individual must have;

(b)
Requirements for prevention-related education.

(18)
For the purpose of division (D) of section 4758.44 of the Revised
Code, the number of hours of administrative or supervisory education
that an individual must have;

(19)
(21)

For the purpose of section 4758.45 of the Revised Code, both of the
following:

(a)
The number of hours of compensated or volunteer work, field
placement, intern, or practicum experience in prevention services
that an individual must have and the number of those hours that must
be in planning or delivering the services;

(b)
The field of study in which an individual must obtain
at
least
an
associate's degree

or higher
.

(20)
(22)

For the purpose of division (C) of section 4758.46 of the Revised
Code, the number of hours of compensated or volunteer work, field
placement, intern, or practicum experience in prevention services
that an individual must have;

(21)
(23)

Standards for the one hundred hours of compensated work or supervised
internship in gambling disorder direct clinical experience required
by division
(B)(2)
(A)(2)(b)

of section 4758.48 of the Revised Code;

(22)
(24)
For the purpose of section 4758.49 of the Revised Code, both of the
following:

(a)
The equivalent of a high school diploma acceptable for certification;

(b)
Standards and number of required hours for the competency-based peer
services training.

(25)
For the purpose of section 4758.491 of the Revised Code, both of the
following:

(a)
The number of hours of online learning that an individual is required
to complete;

(b)
Standards for the supervising peers training program that an
individual is required to complete.

(26)

For the purpose of section 4758.51 of the Revised Code, both of the
following:

(a)
Continuing education requirements for individuals who hold a license,
certificate, or endorsement issued under this chapter;

(b)
The number of hours of continuing education that an individual must
complete to have an expired license, certificate, or endorsement
restored under section 4758.26 of the Revised Code.

(23)
For the purpose of divisions (A) and (B) of section 4758.52 of the
Revised Code, training requirements for substance use disorder
counseling;

(24)
(27)

The duties, which may differ, of all of the following:

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

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

(c)
A prevention consultant or prevention specialist certified under this
chapter who supervises a prevention specialist assistant or
registered applicant under section 4758.61 of the Revised Code
;

(d)
A qualified mental health assistant, qualified mental health
specialist, or qualified mental health practitioner under section
4758.66 of the Revised Code
.

(25)
(28)

The duties of an independent chemical dependency counselor licensed
under this chapter who holds
the

a

gambling
disorder endorsement who supervises a chemical dependency counselor
III with
the

a

gambling
disorder endorsement under section 4758.62 of the Revised Code
.
;

(26)
(29)
For the purpose of section 4758.65 of the Revised Code, both of the
following:

(a)
Any additional competencies that may be promoted by a peer supporter;

(b)
Any additional tasks within a peer supporter's scope of practice.

(30)
For the purposes of section 4758.651 of the Revised Code, training
requirements for supervisors of peer supporters who do not hold a
peer support supervisor endorsement issued under this chapter;

(31)

Anything else the board considers necessary to administer this
chapter.

(B)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code and any applicable federal laws
and regulations.

(C)
When it adopts rules under this section, the board may consider
standards established by any national association or other
organization representing the interests of those involved in
substance use disorder counseling

or
,

prevention services
,
peer support services, or services provided by a qualified mental
health assistant, qualified mental health specialist, or qualified
mental health practitioner
.

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

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

(2)
Issuing an
initial

independent
chemical dependency counselor-clinical supervisor license,
independent chemical dependency counselor license, chemical
dependency counselor III license, chemical dependency counselor II
license, chemical dependency counselor assistant certificate,
peer
recovery supporter certificate, youth peer supporter certificate,
family peer supporter certificate, qualified mental health assistant
certificate, qualified mental health specialist certificate,
qualified mental health practitioner certificate,
prevention
consultant certificate, prevention specialist certificate, prevention
specialist assistant certificate, or registered applicant
certificate;

(3)
Issuing
an
initial
a

gambling
disorder endorsement;

(4)

Issuing
a peer support supervisor endorsement;

(5)

Renewing
an independent chemical dependency counselor-clinical supervisor
license, independent chemical dependency counselor license, chemical
dependency counselor III license, chemical dependency counselor II
license, chemical dependency counselor assistant certificate,
peer
recovery supporter certificate, youth peer supporter certificate,
family peer supporter certificate, qualified mental health assistant
certificate, qualified mental health specialist certificate,
qualified mental health practitioner certificate,
prevention
consultant certificate, prevention specialist certificate, or
prevention specialist assistant certificate;

(5)
(6)

Renewing a gambling disorder endorsement;

(6)
(7)
Renewing a peer support supervisor endorsement;

(8)

Approving
continuing

education

courses

programs

under
section 4758.28 of the Revised Code
,
except for any online learning courses administered by the department
of behavioral health for the purposes of section 4758.49 of the
Revised Code
;

(7)
(9)

Doing anything else the board determines necessary to administer this
chapter.

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

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

Sec.
4758.22.
The

chemical
dependency
behavioral
health
professionals
board shall prepare, cause to be prepared, or procure the use of, and
grade, cause to be graded, or procure the grading of, examinations to
determine the competence of individuals seeking an independent
chemical dependency counselor-clinical supervisor license,
independent chemical dependency counselor license, chemical
dependency counselor III license, chemical dependency counselor II
license,
peer
recovery supporter certificate, youth peer supporter certificate,
family peer supporter certificate,
prevention
consultant certificate, or prevention specialist certificate. The
board may develop the examinations or use examinations prepared by
state or national organizations that represent the interests of those
involved in substance use disorder counseling

or
,

prevention
services
,
or peer support services
.
The board shall conduct examinations at least twice each year and
shall determine the level of competence necessary for a passing
score.

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

Sec.
4758.221.
In
accordance with rules adopted under section 4758.20 of the Revised
Code, the
chemical
dependency
behavioral
health
professionals
board may administer examinations for individuals seeking to act as
substance abuse professionals in a United States department of
transportation drug and alcohol testing program. If it elects to
administer the examinations, the board shall use examinations that
comprehensively cover all the elements of substance abuse
professional qualification training listed in 49 C.F.R. 40.281(c)(1)
and are prepared by a nationally recognized professional or training
organization that represents the interests of those involved in
substance use disorder counseling

services
.

Sec.
4758.23.
(A)
In rules adopted under section 4758.20 of the Revised Code, the

chemical
dependency
behavioral
health
professionals
board shall establish codes of ethical practice and professional
conduct for the following:

(1)
Individuals who hold a valid independent chemical dependency
counselor-clinical supervisor license, independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, or chemical
dependency counselor assistant certificate issued under this chapter;

(2)

Individuals
who hold a valid peer recovery supporter certificate, youth peer
supporter certificate, or family peer supporter certificate issued
under this chapter;

(3)
Individuals who hold a valid qualified mental health assistant
certificate, qualified mental health specialist certificate, or
qualified mental health practitioner certificate issued under this
chapter;

(4)

Individuals
who hold a valid prevention consultant certificate, prevention
specialist certificate, prevention specialist assistant certificate,
or registered applicant certificate issued under this chapter;

(3)
(5)
Individuals who hold a valid peer support supervisor endorsement;

(6)

Individuals who hold a valid gambling disorder endorsement.

(B)
The codes for individuals identified under division (A) of this
section shall define unprofessional conduct, which shall include
engaging in multiple relationships with a client, former client,
consumer, or former consumer; committing an act of sexual abuse,
misconduct, or exploitation of a client, former client, consumer, or
former consumer; and, except as permitted by law, violating client or
consumer confidentiality.

The
codes for individuals identified under divisions (A)(1)
and
(2)
to
(5)

of this section may be based on any codes of ethical practice and
professional conduct developed by national associations or other
organizations representing the
respective

interests
of those
involved
in substance use disorder counseling or prevention
services
individuals
.
The board may establish standards in the codes that are more
stringent than those established by the national associations or
other organizations.

Sec.
4758.24.
(A)
The
chemical
dependency
behavioral
health
professionals
board shall issue a license, certificate, or endorsement under this
chapter to an individual who
meets

does

all
of the following

requirements
:

(1)
Submits a properly completed application and all other documentation
specified in rules adopted under section 4758.20 of the Revised Code;

(2)
Pays the fee established under section 4758.21 of the Revised Code
for the license, certificate, or endorsement that the individual
seeks;

(3)
Meets the requirements to obtain the license, certificate, or
endorsement that the individual seeks as specified in section

4758.38,

4758.39,
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46,
4758.47,
or

4758.48
,
4758.49, or 4758.491

of the Revised Code;

(4)
Meets any additional requirements specified in rules adopted under
section 4758.20 of the Revised Code to obtain the license,
certificate, or endorsement that the individual seeks.

(B)

The
board shall not issue a new registered applicant certificate to an
individual whose previous registered applicant certificate has been
expired for less than the period of time specified in rules adopted
under section 4758.20 of the Revised Code
In
addition to any other eligibility requirement set forth in this
chapter, each applicant for an initial license, certificate, or
endorsement issued under this chapter shall comply with sections
4776.01 to 4776.04 of the Revised Code. The board shall not grant a
license, certificate, or endorsement to an applicant for an initial
license, certificate, or endorsement issued under this chapter unless
the applicant complies with sections 4776.01 to 4776.04 of the
Revised Code
.

Sec.
4758.25.
(A)
The
chemical
dependency
behavioral
health
professionals
board shall issue a license, certificate, or endorsement in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(1)
The applicant holds a license, certificate, or endorsement in another
state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in a state that does not issue the license, certificate, or
endorsement for which the applicant is applying.

(B)
A license or certificate obtained under this section may be renewed
or restored under section 4758.26 of the Revised Code if the
individual holding the license or certificate satisfies the renewal
or restoration requirements established by that section. An
individual holding a license or certificate obtained under this
section may obtain, under section 4758.24 of the Revised Code, a
different license or certificate available under this chapter if the
individual meets all of the requirements as specified in that section
for the license or certificate the individual seeks.

Sec.
4758.26.
(A)
Subject to section 4758.30 of the Revised Code, a license,
certificate, or endorsement issued under this chapter expires the
following period of time after it is issued:

(1)
In the case of
an
initial
a

chemical
dependency counselor assistant
preliminary

certificate

or a registered applicant certificate
,
thirteen months;

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

(B)
Subject to section 4758.30 of the Revised Code and except as provided
in section 4758.27 of the Revised Code, the
chemical
dependency
behavioral
health
professionals
board shall renew a license, certificate, or endorsement issued under
this chapter in accordance with the standard renewal procedure
established under Chapter 4745. of the Revised Code if the individual
seeking the renewal pays the renewal fee established under section
4758.21 of the Revised Code and
does
the following:

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

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

(C)
Subject to section 4758.30 of the Revised Code and except as provided
in section 4758.27 of the Revised Code, a license, certificate, or
endorsement issued under this chapter that has expired may be
restored if the individual seeking the restoration, not later than
one year after the license, certificate, or endorsement expires,
applies for restoration of the license, certificate, or endorsement.
The board shall issue a restored license, certificate, or endorsement
to the individual if the individual pays the renewal fee established
under section 4758.21 of the Revised Code and
does
the following:

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

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

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

Sec.
4758.27.
(A)

The

chemical
dependency
behavioral
health
professionals
board shall not renew or restore under section 4758.26 of the Revised
Code
a

any
of the following:

(1)
A chemical dependency counselor assistant preliminary certificate;

(2)
A
registered
applicant certificate
;

(3)
A gambling disorder preliminary endorsement
.

(B)(1)
Division (A)(2) of this section does not preclude an individual whose
registered applicant certificate has expired from applying for a new
registered applicant certificate, but the application may be
submitted only after the period of time specified in rules adopted
under section 4758.20 of the Revised Code has elapsed.

(2)
Division (A)(3) of this section does not preclude an individual who
received a gambling disorder preliminary endorsement pursuant to
division (B) of section 4758.48 of the Revised Code from receiving a
subsequent gambling disorder endorsement as long as the eligibility
requirements described in that division have been satisfied.

Sec.
4758.28.
The

chemical
dependency
behavioral
health
professionals
board shall approve, in accordance with rules adopted under section
4758.20 of the Revised Code and subject to payment of the fee
established under section 4758.21 of the Revised Code,
continuing

education

courses
of study for individuals who hold
programs
that may be completed to meet the requirements to receive an initial
license, certificate, or endorsement issued under this chapter or to
renew
a
license, certificate, or endorsement issued under this chapter.

Programs
that may be approved under this section include degree and
certificate training programs offered by accredited educational
institutions, other training programs selected by the board, and
continuing education courses.

Sec.
4758.29.
On
receipt of a notice pursuant to section 3123.43 of the Revised Code,
the
chemical
dependency
behavioral
health
professionals
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, certificate, or endorsement
issued pursuant to this chapter.

Sec.
4758.30.
(A)
The
chemical
dependency
behavioral
health
professionals
board, in accordance with Chapter 119. of the Revised Code, may,
except as provided in division (B) of this section, refuse to issue a
license, certificate, or endorsement applied for under this chapter;
refuse to renew or restore a license, certificate, or endorsement
issued under this chapter; suspend, revoke, or otherwise restrict a
license, certificate, or endorsement issued under this chapter;
or

reprimand
an individual holding a license, certificate, or endorsement issued
under this chapter
;
or impose a fine, in an amount determined in accordance with rules
adopted under section 4758.20 of the Revised Code, against an
individual holding a license, certificate, or endorsement under this
chapter
.
These actions may be taken by the board regarding the applicant for a
license, certificate, or endorsement or the individual holding a
license, certificate, or endorsement for one or more of the following
reasons:

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

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

(3)
Acceptance of a commission or rebate for referring an individual to a
person who holds a license or certificate issued by, or who is
registered with, an entity of state government, including persons
practicing

or providing

substance use disorder counseling,
peer
support services,
prevention
services,
or

gambling
disorder counseling,
practicing
as a qualified mental health assistant, qualified mental health
specialist, or qualified mental health practitioner,
or

practicing
in
fields
related to any of the foregoing;

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

(5)
Conviction in this state or any other jurisdiction of a misdemeanor
committed in the course of practice as an independent chemical
dependency counselor-clinical supervisor, independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor assistant,

peer
recovery supporter, youth peer supporter, family peer supporter,
qualified mental health assistant, qualified mental health
specialist, qualified mental health practitioner,
prevention
consultant, gambling disorder endorsee, prevention specialist,
prevention specialist assistant, or registered applicant;

(6)
Inability to practice as an independent chemical dependency
counselor-clinical supervisor, independent chemical dependency
counselor, chemical dependency counselor III, chemical dependency
counselor II, chemical dependency counselor assistant,
peer
recovery supporter, youth peer supporter, family peer supporter,
qualified mental health assistant, qualified mental health
specialist, qualified mental health practitioner,
gambling
disorder endorsee, prevention consultant, prevention specialist,
prevention specialist assistant, or registered applicant due to abuse
of or dependency on alcohol or other drugs or by reason of mental
illness or physical illness, including physical deterioration that
adversely affects cognitive, motor, or perceptive skills;

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

(8)
Practicing without complying with the supervision requirements
specified under section 4758.56, 4758.59, 4758.61,
or

4758.62
,
4758.65, or 4758.66

of the Revised Code;

(9)
Violation of the code of ethical practice and professional conduct
for substance use disorder counseling,
peer
support services,
prevention
services,
or

gambling
disorder counseling
,
or services provided by a qualified mental health assistant,
qualified mental health specialist, or qualified mental health
practitioner

adopted by the board pursuant to section 4758.23 of the Revised Code;

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

(B)
The board shall not refuse to issue a license, certificate, or
endorsement to an applicant because of a criminal conviction unless
the refusal is in accordance with section 9.79 of the Revised Code.

(C)
An individual whose license, certificate, or endorsement has been
suspended or revoked under this section may apply to the board for
reinstatement after an amount of time the board shall determine in
accordance with rules adopted under section 4758.20 of the Revised
Code. The board may accept or refuse an application for
reinstatement. The board may require an examination for reinstatement
of a license, certificate, or endorsement that has been suspended or
revoked.

Sec.
4758.31.
(A)

The

chemical
dependency
behavioral
health
professionals
board shall investigate alleged violations of this chapter or the
rules adopted under it and alleged irregularities in the delivery of

substance
use disorder counseling services, prevention services, or gambling
disorder counseling
services
by individuals who hold a license, certificate, or endorsement issued
under this chapter. As part of an investigation, the board may issue
subpoenas, examine witnesses, and administer oaths.

(B)
In addition to section 4758.06 of the Revised Code, all of the
following apply under this chapter with respect to the
confidentiality of information:

(1)
Information received by the board pursuant to a complaint or an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to law
enforcement officers and government entities for purposes of an
investigation of either an individual who holds a license,
certificate, or endorsement issued under this chapter or an
individual or entity that may have engaged in the unauthorized
provision of substance use disorder counseling, prevention services,
peer support services, or services provided by a qualified mental
health assistant, qualified mental health specialist, or qualified
mental health practitioner. No law enforcement officer or government
entity with knowledge of any information disclosed by the board
pursuant to this division shall divulge the information to any other
person or government entity except for the purpose of a government
investigation, a prosecution, or an adjudication by a court or
government entity.

(2)
If an investigation requires a review of patient records, the
investigation and proceeding shall be conducted in such a manner as
to protect patient confidentiality.

(3)
All adjudications and investigations of the board are civil actions
for the purposes of section 2305.252 of the Revised Code.

(4)
Any board activity that involves continued monitoring of an
individual as part of or following any disciplinary action taken
under section 4758.30 of the Revised Code shall be conducted in a
manner that maintains the individual's confidentiality. Information
received or maintained by the board with respect to the board's
monitoring activities is not subject to discovery in any civil action
and is confidential, except that the board may disclose information
to law enforcement officers and government entities for purposes of
an investigation of an individual holding a license, certificate, or
endorsement issued under this chapter.

(C)

The
board may receive any information necessary to conduct an
investigation under this section that has been obtained in accordance
with federal laws and regulations. If the board is investigating the
provision of
substance
use disorder counseling services or gambling disorder counseling

services
to a couple or group, it is not necessary for both members of the
couple or all members of the group to consent to the release of
information relevant to the investigation.

(D)

The
board shall ensure, in accordance with rules adopted under section
4758.20 of the Revised Code, that all records it holds pertaining to
an investigation remain confidential

during the investigation
.

After the investigation, the records are public records except as
otherwise provided by federal or state law.

Sec.
4758.32.
For
any hearing it conducts under this chapter, the
chemical
dependency
behavioral
health
professionals
board may appoint one of its voting members to act on behalf of the
board. It is not necessary that the member be an attorney to be
appointed. The board shall make the appointment in writing.

A
finding or order of a member appointed to act on behalf of the board
is a finding or order of the board when confirmed by the board.

Sec.
4758.35.
(A)
An individual seeking a license, certificate, or endorsement issued
under this chapter shall submit an application to the
chemical
dependency
behavioral
health
professionals
board in a manner that the board shall prescribe. Each application
shall state that a false statement made on the application is the
crime of falsification under section 2921.13 of the Revised Code.

(B)
The board shall require an individual or individuals employed by the
board under section 4758.15 of the Revised Code to do both of the
following in accordance with criteria established by rules adopted
under section 4758.20 of the Revised Code:

(1)
Receive and review all applications submitted to the board;

(2)
Submit to the board all applications
that

the
individual or individuals

recommend the board review
,

based on the criteria established in the rules
,
recommend for review by the board
.

(C)
The board shall review all applications submitted to the board
pursuant to division (B)(2) of this section.

Sec.
4758.36.
As
part of the review process under division (C) of section 4758.35 of
the Revised Code of an application submitted by an applicant whose
education or experience in substance use disorder counseling,
peer
support services,
prevention
services,
or

gambling
disorder counseling
,
or services provided by a qualified mental health assistant,
qualified mental health specialist, or qualified mental health
practitioner

was obtained outside the United States, or whose education and
experience both were obtained outside the United States, the
chemical
dependency
behavioral
health
professionals
board shall determine whether the applicant's command of the English
language and education or experience meet the standards required by
this chapter and rules adopted under it.

Sec.
4758.38.
(A)
An individual seeking a qualified mental health assistant certificate
shall meet all of the following requirements:

(1)
Be at least eighteen years of age;

(2)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree;

(3)
Complete at least forty hours of training in mental health content
areas in accordance with division (D) of this section.

(B)
An individual seeking a qualified mental health specialist
certificate shall meet all of the following requirements:

(1)
Be at least eighteen years of age;

(2)
Meet any of the following qualifications:

(a)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree, have at least one thousand five
hundred hours of experience working with mental health, and have held
a certificate to practice as a qualified mental health assistant for
at least twelve months;

(b)
Hold an associate's degree in a mental health-related field that
includes at least three hundred hours of field placement, intern, or
practicum experience;

(c)
Hold a bachelor's degree or higher in a field unrelated to mental
health and complete forty hours of training in mental health content
areas in accordance with division (D) of this section;

(d)
Hold a bachelor's degree or higher in a mental health-related field.

(C)
An individual seeking a qualified mental health practitioner
certificate shall meet all of the following requirements:

(1)
Be at least eighteen years of age;

(2)
Meet any of the following qualifications:

(a)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree, have at least six thousand
hours of experience working with mental health, and have held a
certificate to practice as a qualified mental health specialist for
at least four years;

(b)
Hold an associate's degree in a mental health-related field and have
at least three thousand hours of experience working with mental
health, including at least four hundred forty hours of work
experience in core mental health functions in accordance with rules
adopted under section 4758.20 of the Revised Code;

(c)
Hold a bachelor's degree or higher in a field unrelated to mental
health and have at least three thousand hours of experience working
with mental health, including at least four hundred forty hours of
work experience in core mental health functions in accordance with
rules adopted under section 4758.20 of the Revised Code;

(d)
Hold a bachelor's degree in a mental health-related field and have at
least one thousand five hundred hours of experience working with
mental health;

(e)
Hold a master's degree or higher in a mental health-related field.

(D)
In accordance with rules adopted under section 4758.20 of the Revised
Code, the board shall develop or approve training in mental health
content areas that includes all of the following:

(1)
Basics of community mental health and integrated systems of care;

(2)
Ethics and ethical behavior;

(3)
Mental, emotional, and behavioral conditions, symptoms, and impact on
functioning;

(4)
Practical skills, such as screening, assessment, treatment,
intervention planning, referral, and coordination of care;

(5)
Basic social and interpersonal skills for psychosocial interventions
for individuals, families, and groups;

(6)
Crisis response, relapse prevention, and recovery support;

(7)
Health care documentation and technical writing for health care;

(8)
Understanding specialized populations across the lifespan;

(9)
Trauma-informed care.

(E)
For purposes of this section, mental health-related degrees include
associate's degrees or higher in any of the following fields:

(1)
Psychology;

(2)
Counseling;

(3)
Sociology;

(4)
Psychiatric rehabilitation;

(5)
Behavioral science;

(6)
Health and human services;

(7)
Human services;

(8)
Public or community health;

(9)
Rehabilitation;

(10)
Vocational rehabilitation;

(11)
Neuroscience;

(12)
Cognitive science;

(13)
Education;

(14)
Child development;

(15)
Child and family studies;

(16)
Family development;

(17)
Gerontology;

(18)
Criminal justice;

(19)
Any other degree approved by the board in accordance with rules
adopted under section 4758.20 of the Revised Code.

Sec.
4758.39.
An
individual seeking an independent chemical dependency
counselor-clinical supervisor license shall meet all of the following
requirements:

(A)
Hold from an accredited educational institution
at
least
a
master's degree

or higher

in either a behavioral science or nursing that meets the course
requirements specified in rules adopted under section 4758.20 of the
Revised Code;

(B)
Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience, including at least the number of
hours specified in those rules of clinical supervisory experience, in
any of the following, not less than twenty per cent of which are in
substance use disorder counseling:

(1)

Substance
use disorder
The
provision of
services

in substance use disorder counseling within a scope of practice that
the board considers appropriate for an individual seeking an
independent chemical dependency counselor-clinical supervisor
license
;

(2)
The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(3)
The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(C)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in substance
use disorders that meets the requirements specified in those rules;

(D)
Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes the clinical supervision of
substance use disorder counseling, substance use disorder counseling,
and diagnosing and treating substance use disorder conditions, pass
one or more examinations administered pursuant to section 4758.22 of
the Revised Code for the purpose of determining competence to
practice as an independent chemical dependency counselor-clinical
supervisor.

Sec.
4758.40.
An
individual seeking an independent chemical dependency counselor
license shall meet all of the following requirements:

(A)
Hold from an accredited educational institution
at
least
a
master's degree

or higher

in a behavioral science or nursing that meets the course requirements
specified in rules adopted under section 4758.20 of the Revised Code;

(B)
Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in substance use disorder
counseling:

(1)

Substance
use disorder
The
provision of
services

in substance use disorder counseling within a scope of practice that
the board considers appropriate for an individual seeking an
independent chemical dependency counselor license
;

(2)
The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(3)
The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(C)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in substance
use disorders that meets the requirements specified in those rules;

(D)
Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes substance use disorder counseling
and diagnosing and treating substance use disorder conditions, pass
one or more examinations administered pursuant to section 4758.22 of
the Revised Code for the purpose of determining competence to
practice as an independent chemical dependency counselor.

Sec.
4758.41.
An
individual seeking a chemical dependency counselor III license shall
meet all of the following requirements:

(A)
Hold from an accredited educational institution
at
least a
either
of the following:

(1)
A
bachelor's
degree

or higher

in a behavioral science or nursing that meets the course requirements
specified in rules adopted under section 4758.20 of the Revised Code;

(2)
A bachelor's degree or higher in any field if the individual also
completes, from an accredited educational institution, a specific
course of study in substance use disorders and a specialized
substance use disorder internship or practicum, both of which meet
requirements specified in rules adopted under section 4758.20 of the
Revised Code.

(B)
Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in substance use disorder
counseling:

(1)

Substance
use disorder
The
provision of
services

in substance use disorder counseling within a scope of practice that
the board considers appropriate for an individual seeking a chemical
dependency counselor III license
;

(2)
The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(3)
The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(C)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in substance
use disorders that meets the requirements specified in those rules;

(D)
Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes substance use disorder counseling
and diagnosing and treating substance use disorder conditions, pass
one or more examinations administered pursuant to section 4758.22 of
the Revised Code for the purpose of determining competence to
practice as a chemical dependency counselor III.

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

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

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

(2)
Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in substance use disorder
counseling:

(a)

Substance
use disorder
The
provision of
services

in substance use disorder counseling within a scope of practice that
the board considers appropriate for an individual seeking a chemical
dependency counselor II license
;

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

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

(3)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in substance
use disorders that meets the requirements specified in those rules;

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

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

(1)
Hold from an accredited educational institution an associate's or
bachelor's degree in either of the following with a specialization in
substance use disorder counseling:

(a)
A behavioral science;

(b)
Nursing.

(2)
Have a minimum of one hundred eighty hours of education in substance
use disorders that meets the requirements specified in rules adopted
under section 4758.20 of the Revised Code;

(3)
While holding a valid chemical dependency counselor assistant
certificate, have successfully completed, over the course of not more
than any two semesters, at least two hundred forty hours of
supervised practicum experience in substance use disorder treatment
through a program that meets all of the following requirements:

(a)
The program includes at least two hours per week of supervised
practicum experience;

(b)
The program provides intensive outpatient treatment or a higher level
of care, or another level of care if specified in rules adopted under
section 4758.20 of the Revised Code;

(c)
The program meets other requirements specified in rules adopted under
that section.

(4)
Have at least one thousand hours of compensated work experience as a
chemical dependency counselor assistant;

(5)
Provide to the
chemical
dependency
behavioral
health
professionals
board a written recommendation from an individual who supervised the
individual's practice of substance use disorder counseling as a
chemical dependency counselor assistant as required by division (B)
of section 4758.59 of the Revised Code;

(6)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a chemical dependency counselor II.

Sec.
4758.43.
An
individual seeking a chemical dependency counselor assistant
certificate shall
have

meet
all of the following requirements:

(A)
Be at least eighteen years of age;

(B)
Hold a high school diploma, a certificate of high school equivalence,
or a higher degree;

(C)
Have
at
least the number of hours
in
training or education
specified
in rules adopted under section 4758.20 of the Revised Code
of
training in
related
to
substance
use disorder counseling

that meets the requirements specified in those rules
;

(D)
Obtain a chemical dependency counselor preliminary certificate in
accordance with rules adopted under section 4758.20 of the Revised
Code
.

Sec.
4758.44.
An
individual seeking a prevention consultant certificate shall meet all
of the following requirements:

(A)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of compensated work experience in
prevention services, including at least the number of hours specified
in those rules of administering or supervising the services;

(B)
Hold from an accredited educational institution
at
least
a
bachelor's degree

or higher

in a field of study specified in rules adopted under section 4758.20
of the Revised Code;

(C)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of prevention-related education
that meets the requirements specified in those rules;

(D)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of administrative or supervisory
education;

(E)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a prevention consultant.

Sec.
4758.45.
An
individual seeking a prevention specialist certificate shall meet all
of the following requirements:

(A)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of compensated or volunteer work,
field placement, intern, or practicum experience in prevention
services, including at least the number of hours specified in those
rules of planning or delivering the services;

(B)
Hold from an accredited educational institution
at
least
an
associate's degree

or higher

in a field of study specified in rules adopted under section 4758.20
of the Revised Code;

(C)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of prevention-related education
that meets the requirements specified in those rules;

(D)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a prevention specialist.

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

(A)
Be at least eighteen years of age;

(B)
Have
at
least
a
high school diploma

or
,

certificate
of high school equivalence
,
or a higher degree
;

(C)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of compensated or volunteer work,
field placement, intern, or practicum experience in prevention
services;

(D)
Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of prevention-related education
that meets the requirements specified in those

rules.

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

(A)
Be at least eighteen years of age;

(B)
Have
at
least
a
high school diploma

or
,

a
certificate of high school equivalence
,
or a higher degree
;

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

Sec.
4758.48.
(A)

An
individual is
not

eligible
for a gambling disorder endorsement
unless

only
if
the
individual meets
the
requirements of divisions (A) and (B) of this section.
both
of the following conditions:

(A)
(1)

The individual is an independent chemical dependency counselor,
chemical dependency counselor III, or chemical dependency counselor
II licensed under this chapter.

(B)
(2)

Except as
otherwise

provided
in
this

division

(B) of this section
,
the individual has completed both of the following:

(1)
(a)

A minimum of thirty hours of gambling disorder training that meets
the requirements prescribed in rules adopted under section 4758.20 of
the Revised Code;

and

(2)
(b)

A minimum of one hundred hours of compensated work or supervised
internship in gambling disorder direct clinical experience.

(B)

An
individual
may
be issued an initial gambling disorder endorsement without having
complied with division (B)(2)
who
has not satisfied the conditions described in division (A)(2)(b)
of
this section
,
but

may
be issued a gambling disorder preliminary endorsement. To be eligible
for a gambling disorder endorsement after the preliminary endorsement
expires,
the
individual shall
comply
with division (B)(2) of this section before expiration
satisfy
the conditions described in division (A)(2)(b) of this section within
the two-year period following issuance
of
the
initial

preliminary

endorsement.

An individual who fails to comply with this paragraph is not entitled
to renewal of the initial endorsement.

Sec.
4758.49.
(A)
An individual seeking a peer recovery supporter certificate shall
meet all of the following requirements:

(1)
Be at least eighteen years of age;

(2)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree;

(3)
Attest that the individual has direct lived experience with mental
illness or substance use disorder and is in recovery from a mental
illness or substance use disorder;

(4)
Complete at least the number of hours of competency-based peer
services training specified in rules adopted under section 4758.20 of
the Revised Code;

(5)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a peer recovery supporter;

(6)
Attest to having read and understood the code of ethical practice and
professional conduct established under section 4758.23 of the Revised
Code for peer recovery supporters.

(B)
An individual seeking a youth peer supporter certificate shall meet
all of the following requirements:

(1)
Be at least eighteen years of age but not more than thirty years of
age;

(2)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree;

(3)
Attest that the individual has direct lived experience with the
behavioral health system and other child or youth services systems;

(4)
Complete at least the number of hours of competency-based peer
services training, including training specific to youth peer support
services, specified in rules adopted under section 4758.20 of the
Revised Code;

(5)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a youth peer supporter;

(6)
Attest to having read and understood the code of ethical practice and
professional conduct established under section 4758.23 of the Revised
Code for youth peer supporters.

(C)
An individual seeking a family peer supporter certificate shall meet
all of the following requirements:

(1)
Be at least twenty-one years of age;

(2)
Hold a high school diploma or the equivalent of a high school diploma
as determined by the board in rules adopted under section 4758.20 of
the Revised Code, or a higher degree;

(3)
Attest that the individual has direct lived experience as the
caregiver of an individual with mental illness or substance use
disorder and has successfully navigated service systems for at least
one year on behalf of the individual;

(4)
Complete at least the number of hours of competency-based peer
services training, including training specific to family peer support
services, specified in rules adopted under section 4758.20 of the
Revised Code;

(5)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a family peer supporter;

(6)
Attest to having read and understood the code of ethical practice and
professional conduct established under section 4758.23 of the Revised
Code for family peer supporters.

Sec.
4758.491.
An
individual seeking a peer support supervisor endorsement shall meet
all of the following requirements:

(A)
Hold an active independent chemical dependency counselor, chemical
dependency counselor III, or chemical dependency counselor II
license, or peer recovery supporter, youth peer supporter, or family
peer supporter certificate issued under this chapter;

(B)
Have provided services under either of the following for at least two
years:

(1)
An active license or certification described in division (A) of this
section;

(2)
A peer recovery supporter, youth peer supporter, or family peer
supporter certificate issued by the department of behavioral health
prior to one year after the effective date of this section.

(C)
Complete the number of hours of online learning specified in rules
adopted under section 4758.20 of the Revised Code;

(D)
Complete a supervising peers training program that meets the
standards established in rules adopted under section 4758.20 of the
Revised Code.

Sec.
4758.51.
(A)
Except as provided in division (C) of this section and in accordance
with rules adopted under section 4758.20 of the Revised Code, each
individual who holds a license, certificate, or endorsement issued
under this chapter
,
other than an initial chemical dependency counselor assistant
certificate,

that
is permitted to be renewed
shall
complete during the period that the license, certificate, or
endorsement is in effect not less than the following number of clock
hours of continuing education as a condition of receiving a renewed
license, certificate, or endorsement:

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

(2)
In the case of an individual holding a gambling disorder endorsement,
six;

(3)
In the case of any other individual, thirty,
including
three hours in ethics for qualified mental health assistants,
qualified mental health specialists, and qualified mental health
practitioners,
except
as follows:

(a)
If the individual is age sixty-five years or older, twenty;

(b)
If the individual holds an international certificate from the
international certification and reciprocity consortium, the number of
clock hours required by the consortium.

(B)
Except as provided in division (C) of this section, an individual
whose license, certificate, or endorsement issued under this chapter
,
other than an initial chemical dependency counselor assistant
certificate,
has
expired
and
is permitted to be restored
shall
complete the number of hours of continuing education specified in
rules adopted under section 4758.20 of the Revised Code as a
condition of receiving a restored license, certificate, or
endorsement.

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

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

(A)
Diagnose and treat substance use disorder conditions;

(B)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to
abuse
of and dependency on alcohol and other drugs
behavioral
conditions related to substance use disorder
;

(C)
Provide clinical supervision of substance use disorder counseling
;

(D)
Refer individuals with non-substance use disorder conditions to
appropriate sources of help
.

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

(A)
Diagnose and treat substance use disorder conditions;

(B)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to
abuse
of and dependency on alcohol and other drugs
behavioral
conditions related to substance use disorder
;

(C)
Provide clinical supervision of substance use disorder counseling
under the supervision of any of the following:

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

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

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

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

(5)
An individual authorized to practice as a certified nurse
practitioner or clinical nurse specialist under Chapter 4723. of the
Revised Code.

(D)
Refer individuals with non-substance use disorder conditions to
appropriate sources of help.

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

(1)
Diagnose substance use disorder conditions under the supervision of
any of the professionals listed in section 4758.561 of the Revised
Code;

(2)
Treat substance use disorder conditions;

(3)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to
abuse
of and dependency on alcohol and other drugs
behavioral
conditions related to substance use disorder
;

(4)
Provide clinical supervision of substance use disorder counseling
under the supervision of any of the professionals listed in section
4758.561 of the Revised Code
;

(5)
Refer individuals with non-substance use disorder conditions to
appropriate sources of help
.

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

Sec.
4758.57.
(A)
In addition to practicing substance use disorder counseling, an
individual holding a valid chemical dependency counselor II license
may
do
both of the following:

(1)
Perform
perform

treatment
planning, assessment, crisis intervention, individual and group
counseling, case management, and education services as they relate to
abuse of and dependency on alcohol and other drugs
;

(2)
Refer individuals with non-substance use disorder conditions to
appropriate sources of help
.

(B)
A chemical dependency counselor II may not practice as an individual
practitioner.

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

(1)
Perform
perform

treatment
planning, assessment, crisis intervention, individual and group
counseling, case management, and education services as they relate to
abuse of or dependency on alcohol and other drugs
;

(2)
Refer individuals with non-substance use disorder conditions to
appropriate sources of help
.

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

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

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

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

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

(5)
An individual authorized to practice as a certified nurse
practitioner or clinical nurse specialist under Chapter 4723. of the
Revised Code.

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

Sec.
4758.62.
An
individual who holds an independent chemical dependency counselor
license and a gambling disorder endorsement may do all of the
following:

(A)
Diagnose and treat gambling disorder conditions;

(B)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and educational
services insofar as those functions relate to gambling disorders;

(C)
Supervise gambling disorder counseling
;
and

(D)
Refer individuals with other gambling conditions to appropriate
sources of help
.

Sec.
4758.63.
(A)

An
individual who holds a chemical dependency counselor III license and
a gambling disorder endorsement may do all of the following:

(A)
(1)

Treat gambling disorder conditions;

(B)
(2)

Diagnose gambling disorder conditions under supervision;

(C)
(3)

Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and educational
services insofar as those functions relate to gambling disorders;

(D)
(4)

Supervise gambling disorder counseling under supervision
;
and

(E)
Refer individuals with other gambling conditions to appropriate
sources of help
.

(B)

The
supervision required by divisions
(B)
(A)(2)

and
(D)
(4)

of this section shall be provided by an independent chemical
dependency counselor licensed under this chapter; an individual
authorized to practice medicine and surgery or osteopathic medicine
and surgery under Chapter 4731. of the Revised Code; a psychologist
licensed under Chapter 4732. of the Revised Code; an individual
authorized to practice as a certified nurse practitioner or clinical
nurse specialist under Chapter 4723. of the Revised Code; a
registered nurse licensed under Chapter 4723. of the Revised Code; or
a professional clinical counselor, independent social worker, or
independent marriage and family therapist licensed under Chapter
4757. of the Revised Code.

(C)

An
individual holding a chemical dependency counselor III license
and
a gambling disorder endorsement
shall
not practice as an individual practitioner.

Sec.
4758.64.
(A)

An
individual who holds a chemical dependency counselor II license and a
gambling disorder endorsement may do
all

both

of
the following:

(A)
(1)

Treat gambling disorder conditions;

(B)
(2)

Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and educational
services insofar as those functions relate to gambling disorders
;
and

(C)
Refer individuals with other gambling conditions to appropriate
sources of help
.

(B)

An
individual holding a chemical dependency
counselor

II
license
and
a gambling disorder endorsement
shall
not practice as an individual practitioner.

Sec.
4758.65.
(A)
The activities described in division (B) of this section may be
performed only under the supervision of an individual described in
section 4758.651 of the Revised Code.

(B)(1)
A peer supporter certified under this chapter may work with the
following populations:

(a)
In the case of a peer recovery supporter, individuals with a mental
illness or substance use disorder, or both, and who may also have a
co-occurring developmental disability, as well as the individuals'
caregivers or families;

(b)
In the case of a youth peer supporter, individuals, primarily those
who are not more than thirty years of age, with a mental illness or
substance use disorder, or both, and who may also have a co-occurring
developmental disability, as well as the individuals' caregivers or
families;

(c)
In the case of a family peer supporter, caregivers or families of
individuals with a mental illness or substance use disorder, or both,
and who may also have a co-occurring developmental disability.

(2)
A peer supporter certified under this chapter may promote any of the
following competencies for the populations within the peer
supporter's scope of practice as specified in division (B)(1) of this
section:

(a)
Resiliency and recovery;

(b)
Self-determination;

(c)
Advocacy;

(d)
Well-being;

(e)
Skill development;

(f)
Any other competencies specified in rules adopted pursuant to section
4758.20 of the Revised Code.

(3)
A peer supporter may perform any other tasks within the peer
supporter's scope of practice as established in rules adopted
pursuant to section 4758.20 of the Revised Code.

(C)
A peer supporter may not practice as an individual practitioner.

Sec.
4758.651.
For
purposes of section 4758.65 of the Revised Code, any of the following
may supervise a peer supporter certified under this chapter:

(A)
A peer recovery supporter, youth peer supporter, or family peer
supporter certified under this chapter who holds a peer support
supervisor endorsement issued under this chapter;

(B)
A chemical dependency counselor II, chemical dependency counselor
III, or independent chemical dependency counselor licensed under this
chapter who holds a peer support supervisor endorsement issued under
this chapter;

(C)
Any of the following who has completed the training requirements
specified in rules adopted under section 4758.20 of the Revised Code
to supervise peer supporters without holding a peer support
supervisor endorsement issued under this chapter:

(1)
A social worker, independent social worker, professional counselor,
professional clinical counselor, marriage and family therapist, or
independent marriage and family therapist licensed under Chapter
4757. of the Revised Code, if such supervision is consistent with the
scope of practice of the social worker, independent social worker,
professional counselor, professional clinical counselor, marriage and
family therapist, or independent marriage and family therapist;

(2)
A psychologist licensed under Chapter 4732. of the Revised Code;

(3)
A psychiatrist.

Sec.
4758.66.
(A)
The activities described in division (B) of this section may be
performed only under the supervision of an individual described in
section 4758.661 of the Revised Code.

(B)(1)
A qualified mental health assistant certified under this chapter may
perform psychosocial interventions, case management,
psychoeducational services, care coordination, and crisis
intervention with an individual, with a family, or in a group
setting.

(2)
A qualified mental health specialist certified under this chapter may
perform treatment and intervention planning, assessment, and
evaluation with an individual, with a family, or in a group setting,
in addition to the activities of qualified mental health assistants
specified in division (B)(1) of this section.

(3)
A qualified mental health practitioner certified under this chapter
may do all of the following:

(a)
Develop and provide solution-focused interventions and emotional and
behavioral management drawn from evidence-based techniques that
increase knowledge and understanding of an individual's mental,
emotional, or behavioral condition to do all of the following:

(i)
Enhance acceptance, cooperation, and collaboration with treatment and
treatment planning;

(ii)
Promote skill development, problem solving, positive coping
mechanisms, conflict resolution, emotional and other behavioral
regulation, and crisis management and stabilization;

(iii)
Restore daily functioning and social and interpersonal skills to
increase connection to family and community, enhance personal
relationships, establish support networks, increase community
awareness, use community resources and other self-care requirements,
and promote effective functioning in the individual's social
environment, including home, work, and school, to enhance independent
living.

(b)
Perform biopsychosocial assessments;

(c)
Perform the activities of qualified mental health specialists
specified in division (B)(2) of this section.

(C)
Nothing in this section authorizes a qualified mental health
assistant, qualified mental health specialist, or qualified mental
health practitioner to do any of the following:

(1)
Diagnose mental, emotional, and behavioral conditions;

(2)
Diagnose substance use disorder conditions;

(3)
Authorize a treatment plan.

(D)
An individual certified as a qualified mental health assistant,
qualified mental health specialist, or qualified mental health
practitioner under this chapter shall refer individuals with
conditions outside of the professional's competency to appropriate
sources of care.

Sec.
4758.661.
(A)
For purposes of section 4758.66 of the Revised Code, any of the
following may supervise a qualified mental health assistant,
qualified mental health specialist, or qualified mental health
practitioner certified under this chapter:

(1)
A social worker, independent social worker, professional counselor,
professional clinical counselor, marriage and family therapist, or
independent marriage and family therapist licensed under Chapter
4757. of the Revised Code, if such supervision is consistent with the
scope of practice of the social worker, independent social worker,
professional counselor, professional clinical counselor, marriage and
family therapist, or independent marriage and family therapist;

(2)
A psychologist licensed under Chapter 4732. of the Revised Code;

(3)
A physician licensed to practice medicine and surgery or osteopathic
medicine and surgery under Chapter 4731. of the Revised Code,
including a psychiatrist;

(4)
A physician assistant licensed under Chapter 4730. of the Revised
Code;

(5)
A certified nurse practitioner licensed under Chapter 4723. of the
Revised Code who is certified as a psychiatric-mental health nurse
practitioner by a national certifying organization approved by the
board of nursing under section 4723.46 of the Revised Code;

(6)
A clinical nurse specialist licensed under Chapter 4723. of the
Revised Code who is certified as a psychiatric-mental health clinical
nurse specialist by a national certifying organization approved under
section 4723.46 of the Revised Code.

(B)
A qualified mental health practitioner certified under this chapter
may supervise a qualified mental health assistant or a qualified
mental health specialist certified under this chapter.

Sec.
4758.70.
(A)

Except
to the extent of providing services authorized by this chapter, this
chapter does not authorize any individual to engage in either of the
following:

(A)
(1)

The practice of psychology as defined in section 4732.01 of the
Revised Code;

(B)
(2)

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

(B)
Peer recovery supporters, youth peer supporters, or family peer
supporters certified under this chapter are not authorized to engage
in the practice of substance use disorder counseling or prevention
services.

Sec.
4758.72.
The

chemical
dependency
behavioral
health
professionals
board shall comply with section 4776.20 of the Revised Code.

Sec.
4776.01.
As
used in this chapter:

(A)
"License" means an authorization evidenced by a license,
certificate, registration, permit, card, or other authority that is
issued or conferred by a licensing agency to a licensee or to an
applicant for an initial license by which the licensee or initial
license applicant has or claims the privilege to engage in a
profession, occupation, or occupational activity, or, except in the
case of the state dental board, to have control of and operate
certain specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.

(B)
Except as provided in section 4776.20 of the Revised Code, "licensee"
means the person to whom the license is issued by a licensing agency.
"Licensee" includes a person who, for purposes of section
3796.13 of the Revised Code, has complied with sections 4776.01 to
4776.04 of the Revised Code and has been determined by the division
of cannabis control, as the applicable licensing agency, to meet the
requirements for employment.

(C)
Except as provided in section 4776.20 of the Revised Code, "licensing
agency" means any of the following:

(1)
The board authorized by Chapters 4701., 4717., 4725., 4729., 4730.,
4731., 4732., 4734., 4740., 4741., 4747., 4751., 4753., 4755., 4757.,

4758.,

4759.,
4760., 4761., 4762., 4772., 4774., 4778., 4779., and 4783. of the
Revised Code to issue a license to engage in a specific profession,
occupation, or occupational activity, or to have charge of and
operate certain specific equipment, machinery, or premises.

(2)
The state dental board, relative to its authority to issue a license
pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27 of the
Revised Code;

(3)
The division of marijuana control, relative to its authority under
Chapter 3796. of the Revised Code and any rules adopted under that
chapter with respect to a person who is subject to section 3796.13 of
the Revised Code;

(4)
The director of agriculture, relative to the director's authority to
issue licenses under Chapter 928. of the Revised Code.

(D)
"Applicant for an initial license" includes persons seeking
a license for the first time and persons seeking a license by
reciprocity, endorsement, or similar manner of a license issued in
another state. "Applicant for an initial license" also
includes a person who, for purposes of section 3796.13 of the Revised
Code, is required to comply with sections 4776.01 to 4776.04 of the
Revised Code.

(E)
"Applicant for a restored license" includes persons seeking
restoration of a license under section 4730.14, 4730.28, 4731.222,
4731.281, 4759.062, 4759.063, 4760.06, 4760.061, 4761.06, 4761.061,
4762.06, 4762.061, 4772.08, 4772.082, 4774.06, 4774.061, 4778.07, or
4778.071 of the Revised Code. "Applicant for a restored license"
does not include a person seeking restoration of a license under
section 4751.33 of the Revised Code.

(F)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

Sec.
4776.20.
(A)
As used in this section:

(1)
"Licensing agency" means, in addition to each board
or
other government entity
identified
in division (C) of section 4776.01 of the Revised Code, the board or
other government entity authorized to issue a license under Chapters
3776., 4703., 4707., 4709., 4712., 4713., 4719., 4723., 4727., 4728.,
4733., 4735., 4737., 4738.,
4740.,
4747.,
4749.,
4752.,
4753.,
4758., 4759.,
4763.,
4764., 4765., 4766., 4771., 4773., and 4781. of the Revised Code.
"Licensing agency" includes an administrative officer that
has authority to issue a license.

(2)
"Licensee" means, in addition to a licensee as described in
division (B) of section 4776.01 of the Revised Code, the person to
whom a license is issued by the board or other government entity
authorized to issue a license under Chapters 3776., 4703., 4707.,
4709., 4712., 4713., 4719., 4723., 4727., 4728., 4733., 4735., 4737.,
4738.,
4740.,
4747.,
4749.,

4751.,

4752.,

4753.,
4758., 4759.,
4763.,
4764., 4765., 4766., 4771., 4773., and 4781. of the Revised Code.

(3)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(B)
On a licensee's conviction of, plea of guilty to, judicial finding of
guilt of, or judicial finding of guilt resulting from a plea of no
contest to the offense of trafficking in persons in violation of
section 2905.32 of the Revised Code, the prosecutor in the case shall
promptly notify the licensing agency of the conviction, plea, or
finding and provide the licensee's name and residential address. On
receipt of this notification, the licensing agency shall immediately
suspend the licensee's license.

(C)
If there is a conviction of, plea of guilty to, judicial finding of
guilt of, or judicial finding of guilt resulting from a plea of no
contest to the offense of trafficking in persons in violation of
section 2905.32 of the Revised Code and all or part of the violation
occurred on the premises of a facility that is licensed by a
licensing agency, the prosecutor in the case shall promptly notify
the licensing agency of the conviction, plea, or finding and provide
the facility's name and address and the offender's name and
residential address. On receipt of this notification, the licensing
agency shall immediately suspend the facility's license.

(D)
Notwithstanding any provision of the Revised Code to the contrary,
the suspension of a license under division (B) or (C) of this section
shall be implemented by a licensing agency without a prior hearing.
After the suspension, the licensing agency shall give written notice
to the subject of the suspension of the right to request a hearing
under Chapter 119. of the Revised Code. After a hearing is held, the
licensing agency shall either revoke or permanently revoke the
license of the subject of the suspension, unless it determines that
the license holder has not been convicted of, pleaded guilty to, been
found guilty of, or been found guilty based on a plea of no contest
to the offense of trafficking in persons in violation of section
2905.32 of the Revised Code.

Sec.
5119.94.
(A)
Upon receipt of a petition filed under section 5119.93 of the Revised
Code, the probate court shall examine the petitioner under oath as to
the contents of the petition.

(B)
If, after reviewing the allegations contained in the petition and
examining the petitioner under oath, it appears to the probate court
that there is probable cause to believe the respondent may reasonably
benefit from treatment, the court shall do all of the following:

(1)
Schedule a hearing to be held within seven days to determine if there
is clear and convincing evidence that the respondent may reasonably
benefit from treatment for alcohol and other drug abuse;

(2)
Notify the respondent, the legal guardian, if any and if known, and
the spouse, parents, or nearest relative or friend of the respondent
concerning the allegations and contents of the petition and of the
date and purpose of the hearing;

(3)
Notify the respondent that the respondent may retain counsel and, if
the person is unable to obtain an attorney, that the respondent may
be represented by court-appointed counsel at public expense if the
person is indigent. Upon the appointment of an attorney to represent
an indigent respondent, the court shall notify the respondent of the
name, address, and telephone number of the attorney appointed to
represent the respondent.

(4)
Notify the respondent that the court shall cause the respondent to be
examined not later than twenty-four hours before the hearing date by
a physician for the purpose of a physical examination and by a
qualified health professional for the purpose of a drug and alcohol
addiction assessment and diagnosis. In addition, the court shall
notify the respondent that the respondent may have an independent
expert evaluation of the person's physical and mental condition
conducted at the respondent's own expense.

(5)
Cause the respondent to be examined not later than twenty-four hours
before the hearing date by a qualified health professional for the
purpose of a drug and alcohol addiction assessment and diagnosis;

(6)
Conduct the hearing.

(C)
The qualified health professional who examines the respondent
pursuant to division (B)(5) of this section or who is obtained by the
respondent at the respondent's own expense shall certify the
professional's findings to the court within twenty-four hours of the
examination. The findings of each qualified health professional shall
include a recommendation for treatment if the qualified health
professional determines that treatment is necessary.

(D)(1)
If upon completion of the hearing held under this section the probate
court finds by clear and convincing evidence that the respondent may
reasonably benefit from treatment, the court shall order the
treatment after considering the qualified health professionals'
recommendations for treatment that have been submitted to the court
under division (C) of this section. Evidence that the respondent has
overdosed and been revived one or more times by an opioid antagonist,
overdosed in a vehicle, or overdosed in the presence of a minor is
sufficient to satisfy this evidentiary requirement. If the court
orders the treatment under this division, the order shall specify the
type of treatment to be provided, the type of required aftercare, and
the duration of the required aftercare which shall be at least three
months and shall not exceed six months, and the court shall order the
treatment to be provided through a community addiction services
provider or by an individual licensed or certified by the state
medical board under Chapter 4731. of the Revised Code, the
chemical
dependency
behavioral
health
professionals
board under Chapter 4758. of the Revised Code, the counselor, social
worker, and marriage and family therapist board under Chapter 4757.
of the Revised Code, or a similar board of another state authorized
to provide substance abuse treatment. In addition, the court also may
order that the respondent submit to periodic examinations by
a
qualified
an
appropriate
mental
health professional to determine if the treatment remains necessary.

(2)(a)
Failure of a respondent to undergo and complete any treatment ordered
pursuant to this division is contempt of court. Any community
addiction services provider or person providing treatment under this
division shall notify the probate court of a respondent's failure to
undergo or complete the ordered treatment.

(b)
In addition to and separate from the sanction specified in division
(D)(2)(a) of this section, if a respondent fails to undergo and
complete any treatment ordered pursuant to this section, the court
may issue a summons. The summons shall be directed to the respondent
and shall command the respondent to appear at a time and place
specified in the summons. If a respondent who has been summoned under
this division fails to appear at the specified time and place, the
court may order a peace officer, as defined in section 2935.01 of the
Revised Code, to transport the respondent to a place described in
division (D)(1) of this section for treatment. The peace officer,
with the approval of the officer's agency, may provide for the
transportation of the respondent by a private entity. The
transportation costs of the peace officer or the private entity shall
be included within the costs of treatment.

(E)
If, at any time after a petition is filed under section 5119.93 of
the Revised Code, the probate court finds that there is not probable
cause to continue treatment or if the petitioner withdraws the
petition, then the court shall dismiss the proceedings against the
respondent.

Sec.
5122.15.
(A)
Full hearings shall be conducted in a manner consistent with this
chapter and with due process of law. The hearings shall be conducted
by a judge of the probate court or a referee designated by a judge of
the probate court and may be conducted in or out of the county in
which the respondent is held. Any referee designated under this
division shall be an attorney.

(1)
With the consent of the respondent, the following shall be made
available to counsel for the respondent:

(a)
All relevant documents, information, and evidence in the custody or
control of the state or prosecutor;

(b)
All relevant documents, information, and evidence in the custody or
control of the hospital in which the respondent currently is held, or
in which the respondent has been held pursuant to this chapter;

(c)
All relevant documents, information, and evidence in the custody or
control of any hospital, facility, or person not included in division
(A)(1)(a) or (b) of this section.

(2)
The respondent has the right to attend the hearing and to be
represented by counsel of the respondent's choice. The right to
attend the hearing may be waived only by the respondent or counsel
for the respondent after consultation with the respondent.

(3)
If the respondent is not represented by counsel, is absent from the
hearing, and has not validly waived the right to counsel, the court
shall appoint counsel immediately to represent the respondent at the
hearing, reserving the right to tax costs of appointed counsel to the
respondent, unless it is shown that the respondent is indigent. If
the court appoints counsel, or if the court determines that the
evidence relevant to the respondent's absence does not justify the
absence, the court shall continue the case.

(4)
The respondent shall be informed that the respondent may retain
counsel and have independent expert evaluation. If the respondent is
unable to obtain an attorney, the respondent shall be represented by
court-appointed counsel. If the respondent is indigent,
court-appointed counsel and independent expert evaluation shall be
provided as an expense under section 5122.43 of the Revised Code.

(5)
The hearing shall be closed to the public, unless counsel for the
respondent, with the permission of the respondent, requests that the
hearing be open to the public.

(6)
If the hearing is closed to the public, the court, for good cause
shown, may admit persons who have a legitimate interest in the
proceedings. If the respondent, the respondent's counsel, or the
designee of the director or of the chief clinical officer objects to
the admission of any person, the court shall hear the objection and
any opposing argument and shall rule upon the admission of the person
to the hearing.

(7)
The affiant under section 5122.11 of the Revised Code shall be
subject to subpoena by either party.

(8)
The court shall examine the sufficiency of all documents filed and
shall inform the respondent, if present, and the respondent's counsel
of the nature and content of the documents and the reason for which
the respondent is being detained, or for which the respondent's
placement is being sought.

(9)
The court shall receive only reliable, competent, and material
evidence.

(10)
Unless proceedings are initiated pursuant to section 5120.17 or
5139.08 of the Revised Code, an attorney that the board designates
shall present the case demonstrating that the respondent is a person
with a mental illness subject to court order. The attorney shall
offer evidence of the diagnosis, prognosis, record of treatment, if
any, and less restrictive treatment plans, if any. In proceedings
pursuant to section 5120.17 or 5139.08 of the Revised Code, the
attorney general shall designate an attorney who shall present the
case demonstrating that the respondent is a person with a mental
illness subject to court order. The attorney shall offer evidence of
the diagnosis, prognosis, record of treatment, if any, and less
restrictive treatment plans, if any.

(11)
The respondent or the respondent's counsel has the right to subpoena
witnesses and documents and to examine and cross-examine witnesses.

(12)
The respondent has the right, but shall not be compelled, to testify,
and shall be so advised by the court.

(13)
On motion of the respondent or the respondent's counsel for good
cause shown, or on the court's own motion, the court may order a
continuance of the hearing.

(14)
If the respondent is represented by counsel and the respondent's
counsel requests a transcript and record, or if the respondent is not
represented by counsel, the court shall make and maintain a full
transcript and record of the proceeding. If the respondent is
indigent and the transcript and record is made, a copy shall be
provided to the respondent upon request and be treated as an expense
under section 5122.43 of the Revised Code.

(15)
To the extent not inconsistent with this chapter, the Rules of Civil
Procedure are applicable.

(B)
Unless, upon completion of the hearing the court finds by clear and
convincing evidence that the respondent is a person with a mental
illness subject to court order, it shall order the respondent's
discharge immediately.

(C)
If, upon completion of the hearing, the court finds by clear and
convincing evidence that the respondent is a person with a mental
illness subject to court order, the court shall order the respondent
for a period not to exceed ninety days to any of the following:

(1)
A hospital operated by the department of behavioral health if the
respondent is committed pursuant to section 5139.08 of the Revised
Code;

(2)
A nonpublic hospital;

(3)
The veterans' administration or other agency of the United States
government;

(4)
A board of alcohol, drug addiction, and mental health services or
services provider the board designates;

(5)
Receive private psychiatric or psychological care and treatment;

(6)
Any other suitable facility or person consistent with the diagnosis,
prognosis, and treatment needs of the respondent. A jail or other
local correctional facility is not a suitable facility.

(D)
Any order made pursuant to division (C)(2), (3), (5), or (6) of this
section shall be conditioned upon the receipt by the court of consent
by the hospital, facility, agency, or person to accept the respondent
and may include a requirement that a person or entity described in
division (C)(2), (3), (5), or (6) of this section inform the board of
alcohol, drug addiction, and mental health services or community
mental health services provider the board designates about the
progress of the respondent with the treatment plan.

(E)
In determining the entity or person to which the respondent is to be
committed under division (C) of this section, the court shall
consider all of the following:

(1)
The respondent's diagnosis and prognosis made by a psychiatrist,
licensed clinical psychologist, clinical nurse specialist who is
certified as a psychiatric-mental health clinical nurse specialist by
the American nurses credentialing center, or certified nurse
practitioner who is certified as a psychiatric-mental health nurse
practitioner by the American nurses credentialing center;

(2)
The respondent's preferences;

(3)
The respondent's projected treatment plan.

The
court shall order the implementation of the least restrictive
alternative available and consistent with treatment goals. If the
court determines that the least restrictive alternative available
that is consistent with treatment goals is inpatient hospitalization,
the court's order shall so state.

(F)
During the ninety-day period the entity or person shall examine and
treat the respondent. If the respondent is receiving treatment in an
outpatient setting, or receives treatment in an outpatient setting
during a subsequent period of continued commitment under division (H)
of this section, the entity or person to whom the respondent is
committed shall determine the appropriate outpatient treatment for
the respondent. If, at any time prior to the expiration of the
ninety-day period, it is determined by the entity or person that the
respondent's treatment needs could be equally well met in an
available and appropriate less restrictive setting, both of the
following apply:

(1)
The respondent shall be released from the care of the entity or
person immediately and shall be referred to the court together with a
report of the findings and recommendations of the entity or person;

(2)
The entity or person shall notify the respondent's counsel or the
attorney designated by a board of alcohol, drug addiction, and mental
health services or, if the respondent was committed to a board or a
services provider designated by the board, it shall place the
respondent in the least restrictive setting available consistent with
treatment goals and notify the court and the respondent's counsel of
the placement.

The
court shall dismiss the case or order placement in the least
restrictive setting.

(G)(1)
Except as provided in division (G)(2) of this section, any person for
whom proceedings for treatment have been commenced pursuant to
section 5122.11 of the Revised Code, may apply at any time for
voluntary admission or treatment to the entity or person to which the
person was committed. Upon admission as a voluntary patient the chief
clinical officer of the entity or the person immediately shall notify
the court, the patient's counsel, and the attorney designated by the
board, if the attorney has entered the proceedings, in writing of
that fact, and, upon receipt of the notice, the court shall dismiss
the case.

(2)
A person who is found incompetent to stand trial or not guilty by
reason of insanity and who is committed pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code shall not
voluntarily commit the person pursuant to this section until after
the final termination of the commitment, as described in division (J)
of section 2945.401 of the Revised Code.

(H)
If, at the end of the first ninety-day period or any subsequent
period of continued commitment, there has been no disposition of the
case, either by discharge or voluntary admission or treatment, the
entity or person shall discharge the patient immediately, unless at
least ten days before the expiration of the period the attorney the
board designates or the prosecutor files with the court an
application for continued commitment. The application of the attorney
or the prosecutor shall include a written report containing the
diagnosis, prognosis, past treatment, a list of alternative treatment
settings and plans, and identification of the treatment setting that
is the least restrictive consistent with treatment needs. The
attorney the board designates or the prosecutor shall file the
written report at least three days prior to the full hearing. A copy
of the application and written report shall be provided to the
respondent's counsel immediately.

The
court shall hold a full hearing on applications for continued
commitment at the expiration of the first ninety-day period and at
least every two years after the expiration of the first ninety-day
period.

Hearings
following any application for continued commitment are mandatory and
may not be waived.

For
a respondent who is ordered to receive treatment in an outpatient
setting, if at any time after the first ninety-day period the entity
or person to whom the respondent was ordered determines that the
respondent has demonstrated voluntary consent for treatment, that
entity or person shall immediately notify the respondent, the
respondent's counsel, the attorney designated by the board, and the
court. The entity or person shall submit to the court a report of the
findings and recommendations. The court may dismiss the case upon
review of the facts.

Upon
request of a person who is involuntarily committed under this
section, or the person's counsel, that is made more than one hundred
eighty days after the person's last full hearing, mandatory or
requested, the court shall hold a full hearing on the person's
continued commitment. Upon the application of a person involuntarily
committed under this section, supported by an affidavit of a
psychiatrist or licensed clinical psychologist, alleging that the
person no longer is a person with a mental illness subject to court
order, the court for good cause shown may hold a full hearing on the
person's continued commitment prior to the expiration of one hundred
eighty days after the person's last full hearing. Section 5122.12 of
the Revised Code applies to all hearings on continued commitment.

If
the court, after a hearing for continued commitment finds by clear
and convincing evidence that the respondent is a person with a mental
illness subject to court order, the court may order continued
commitment at places or to persons specified in division (C) of this
section.

(I)
Unless the admission is pursuant to section 5120.17 or 5139.08 of the
Revised Code, the chief clinical officer of the entity admitting a
respondent pursuant to a judicial proceeding, within ten working days
of the admission, shall make a report of the admission to the board
of alcohol, drug addiction, and mental health services serving the
respondent's county of residence.

(J)
A referee appointed by the court may make all orders that a judge may
make under this section and sections 5122.11 and 5122.141 of the
Revised Code, except an order of contempt of court. The orders of a
referee take effect immediately. Within fourteen days of the making
of an order by a referee, a party may file written objections to the
order with the court. The filed objections shall be considered a
motion, shall be specific, and shall state their grounds with
particularity. Within ten days of the filing of the objections, a
judge of the court shall hold a hearing on the objections and may
hear and consider any testimony or other evidence relating to the
respondent's mental condition. At the conclusion of the hearing, the
judge may ratify, rescind, or modify the referee's order.

(K)
An order of the court under division (C), (H), or (J) of this section
is a final order.

(L)
Before a board, or a services provider the board designates, may
place an unconsenting respondent in an inpatient setting from a less
restrictive placement, the board or services provider shall do all of
the following:

(1)
Determine that the respondent is in immediate need of treatment in an
inpatient setting because the respondent represents a substantial
risk of physical harm to the respondent or others if allowed to
remain in a less restrictive setting;

(2)
On the day of placement in the inpatient setting or on the next court
day, file with the court a motion for transfer to an inpatient
setting or communicate to the court by telephone that the required
motion has been mailed;

(3)
Ensure that every reasonable and appropriate effort is made to take
the respondent to the inpatient setting in the least conspicuous
manner possible;

(4)
Immediately notify the board's designated attorney and the
respondent's attorney.

At
the respondent's request, the court shall hold a hearing on the
motion and make a determination pursuant to division (E) of this
section within five days of the placement.

(M)
Before a board, or a services provider the board designates, may move
a respondent from one residential placement to another, the board or
services provider shall consult with the respondent about the
placement. If the respondent objects to the placement, the proposed
placement and the need for it shall be reviewed by
a
qualified
an
appropriate
mental
health professional who otherwise is not involved in the treatment of
the respondent.

(N)
The entity or person to whom the respondent was ordered for treatment
in an outpatient setting may submit a report to the court indicating
that the respondent has either failed to comply with the treatment
plan or begun to demonstrate signs of decompensation that may be
grounds for hospitalization. On receipt of the report, the court
shall promptly schedule a hearing to review the case. The court shall
conduct the hearing in a manner consistent with this chapter and due
process of law. The board shall receive notice of the hearing and the
board and entity or person treating the respondent shall submit a
report to the court with a plan for appropriate alternative
treatment, if any, or recommend that the court discontinue the
court-ordered treatment. The court shall consider available and
appropriate alternative placements but shall not impose criminal
sanctions that result in confinement in a jail or other local
correctional facility based on the respondent's failure to comply
with the treatment plan. The court may not order the respondent to a
more restrictive placement unless the criteria specified in division
(L) of this section are met and may not order the respondent to an
inpatient setting unless the court determines by clear and convincing
evidence presented by the board that the respondent meets the
criteria specified in divisions (A) and (B)(1), (2), (3), or (4) of
section 5122.01 of the Revised Code.

Section
2.
That
existing sections 107.56, 126.42, 340.04, 4743.09, 4745.04, 4757.41,
4758.01, 4758.02, 4758.03, 4758.10, 4758.11, 4758.12, 4758.13,
4758.15, 4758.16, 4758.17, 4758.20, 4758.21, 4758.22, 4758.221,
4758.23, 4758.24, 4758.25, 4758.26, 4758.27, 4758.28, 4758.29,
4758.30, 4758.31, 4758.32, 4758.35, 4758.36, 4758.39, 4758.40,
4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47,
4758.48, 4758.51, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59,
4758.62, 4758.63, 4758.64, 4758.70, 4758.72, 4776.01, 4776.20,
5119.94, and 5122.15 of the Revised Code are hereby repealed.

Section
3.
That
section 4758.52 of the Revised Code is hereby repealed.

Section
4.
(A)
The Behavioral Health Professionals Board shall collaborate with the
Department of Medicaid to do the following:

(1)
Create a system to evaluate the qualifications and experience of
individuals providing services through Medicaid as Qualified Mental
Health Specialists or Qualified Mental Health Specialists +3, as of
the effective date of this section, and conduct evaluations according
to the system created;

(2)
Based on the evaluations conducted pursuant to division (A)(1) of
this section, determine if each individual is most appropriately
certified as a qualified mental health assistant, qualified mental
health specialist, or qualified mental health practitioner and, at
the Board's discretion, issue the corresponding certifications under
Chapter 4758. of the Revised Code.

(B)
Once certified pursuant to division (A) of this section, qualified
mental health assistants, qualified mental health specialists, and
qualified mental health practitioners formerly providing services
through Medicaid as Qualified Mental Health Specialists or Qualified
Mental Health Specialists +3 are subject to all conditions placed on
qualified mental health assistants, qualified mental health
specialists, or qualified mental health practitioners under Chapter
4758. of the Revised Code, excluding the eligibility conditions
established by section 4758.38 of the Revised Code, and may perform
services within the scope, standards, and ethics of the certificates
they receive from the Board.

Section
5.
(A)
Beginning one year after the effective date of this section, an
individual who holds, on the effective date of this section, a valid
certificate that is accepted under rules adopted pursuant to section
5119.36 of the Revised Code as authority to practice as a peer
recovery supporter, youth peer supporter, or family peer supporter,
may apply to the Behavioral Health Professionals Board to continue
practicing as a peer supporter under the certificate issued by the
Department of Behavioral Health.

(B)
At the Board's discretion and notwithstanding section 4758.02 of the
Revised Code, the Board may allow an individual to continue
practicing as a peer recovery supporter, youth peer supporter, or
family peer supporter until a date the Board specifies. The date the
Board specifies shall not be later than the date that is one year
after the effective date of the Boardʹs initial rules regarding peer
recovery supporters, youth peer supporters, or family peer supporters
adopted under section 4758.20 of the Revised Code.

(C)
An individual who is permitted to continue practicing under a
certificate issued by the Department of Behavioral Health under this
section may perform services within the scope, standards, and ethics
of the certificate issued by the Department until the date specified
by the Board.

Section
6.
(A)
Notwithstanding any conflicting provisions of sections 4758.10,
4758.11, and 4758.13 of the Revised Code, as amended by this act,
both of the following apply regarding the positions on the Behavioral
Health Professionals Board that are to be held by a peer recovery
supporter, youth peer supporter, family peer supporter, qualified
mental health assistant, qualified mental health specialist, or
qualified mental health practitioner certified by the Board:

(1)
The Governor may delay filling the positions until the Board's
certification of such individuals has been initiated or may choose to
fill the position before that time by appointing an individual who
otherwise meets the same qualifications.

(2)
If the Governor delays filling the position on the Board as described
in division (A)(1) of this section, the Board shall operate by making
corresponding adjustments to the required number of members who must
be present to constitute a quorum.

(B)
Notwithstanding any conflicting provisions of sections 4758.10 and
4758.11 of the Revised Code, as amended by this act, both of the
following apply:

(1)
Each member of the Behavioral Health Professionals Board holding a
position on the Board on the effective date of this section shall be
permitted to continue in office until the end of the term for which
the member was appointed.

(2)
The Governor may appoint a former Board member whose position was
eliminated by this act to a different position on the Board, if that
former member meets the qualifications established in section 4758.10
of the Revised Code, as amended by this act, for the different
position.

Section
7.
(A)
The Behavioral Health Professionals Board shall establish a working
group to make recommendations for and to review the Board's initial
rules regarding the duties of qualified mental health assistants,
qualified mental health specialists, and qualified mental health
practitioners. The working group shall consist of representatives of
the following entities, designated by the Executive Director of the
Board:

(1)
The Behavioral Health Professionals Board;

(2)
The Department of Behavioral Health;

(3)
The Department of Medicaid;

(4)
The Counselor, Social Worker, and Marriage and Family Therapist
Board;

(5)
Other interested parties.

(B)
The working group shall cease to exist at the discretion of the
Executive Director of the Board or two years after the effective date
of this section, whichever comes first.

Section
8.
Section
4758.46 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 113 and H.B. 230 of the 131st
General Assembly. 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.