Bill Text: OH HB83 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To revise the laws governing the practice of psychology.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-03-20 - Effective Date [HB83 Detail]

Download: Ohio-2013-HB83-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

H. B. No. 83

Representative Hackett 

Cosponsors: Representatives Beck, Carney, Ramos, Anielski, Antonio, Bishoff, Brown, Burkley, Celebrezze, Driehaus, Foley, Grossman, Letson, McClain, Milkovich, O'Brien, Pillich, Rogers, Sears, Winburn Speaker Batchelder 

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A BILL

To amend sections 102.02, 102.022, 102.03, 2152.54,

1

2919.271, 2945.37, 4732.01, 4732.02, 4732.03,

2

4732.06, 4732.07, 4732.09, 4732.10, 4732.11,

3

4732.12, 4732.13, 4732.14, 4732.141, 4732.16,

4

4732.17, 4732.172, 4732.173, 4732.18, 4732.21,

5

4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and

6

5122.01, to amend, for the purpose of adopting new

7

section numbers as indicated in parentheses,

8

sections 4732.16 (4732.15), 4732.172 (4732.171),

9

and 4732.173 (4732.172), to enact new sections

10

4732.16 and 4732.173 and sections 4732.142,

11

4732.151, 4732.221, and 4732.33, and to repeal

12

sections 4732.15, 4732.171, and 4732.23 of the

13

Revised Code to revise the laws governing the

14

practice of psychology.

15

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

Section 1. That sections 102.02, 102.022, 102.03, 2152.54,	16
2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06, 4732.07,	17
4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14, 4732.141,	18
4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21, 4732.22,	19
4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 be amended;	20
sections 4732.16 (4732.15), 4732.172 (4732.171), and 4732.173	21
(4732.172) be amended for the purpose of adopting new section	22
numbers as indicated in parentheses; and that new sections 4732.16	23
and 4732.173 and sections 4732.142, 4732.151, 4732.221, and	24
4732.33 of the Revised Code be enacted to read as follows:	25

Sec. 102.02.  (A) Except as otherwise provided in division	26
(H) of this section, all of the following shall file with the	27
appropriate ethics commission the disclosure statement described	28
in this division on a form prescribed by the appropriate	29
commission: every person who is elected to or is a candidate for a	30
state, county, or city office and every person who is appointed to	31
fill a vacancy for an unexpired term in such an elective office;	32
all members of the state board of education; the director,	33
assistant directors, deputy directors, division chiefs, or persons	34
of equivalent rank of any administrative department of the state;	35
the president or other chief administrative officer of every state	36
institution of higher education as defined in section 3345.011 of	37
the Revised Code; the executive director and the members of the	38
capitol square review and advisory board appointed or employed	39
pursuant to section 105.41 of the Revised Code; all members of the	40
Ohio casino control commission, the executive director of the	41
commission, all professional employees of the commission, and all	42
technical employees of the commission who perform an internal	43
audit function; the individuals set forth in division (B)(2) of	44
section 187.03 of the Revised Code; the chief executive officer	45
and the members of the board of each state retirement system; each	46
employee of a state retirement board who is a state retirement	47
system investment officer licensed pursuant to section 1707.163 of	48
the Revised Code; the members of the Ohio retirement study council	49
appointed pursuant to division (C) of section 171.01 of the	50
Revised Code; employees of the Ohio retirement study council,	51
other than employees who perform purely administrative or clerical	52
functions; the administrator of workers' compensation and each	53
member of the bureau of workers' compensation board of directors;	54
the bureau of workers' compensation director of investments; the	55
chief investment officer of the bureau of workers' compensation;	56
all members of the board of commissioners on grievances and	57
discipline of the supreme court and the ethics commission created	58
under section 102.05 of the Revised Code; every business manager,	59
treasurer, or superintendent of a city, local, exempted village,	60
joint vocational, or cooperative education school district or an	61
educational service center; every person who is elected to or is a	62
candidate for the office of member of a board of education of a	63
city, local, exempted village, joint vocational, or cooperative	64
education school district or of a governing board of an	65
educational service center that has a total student count of	66
twelve thousand or more as most recently determined by the	67
department of education pursuant to section 3317.03 of the Revised	68
Code; every person who is appointed to the board of education of a	69
municipal school district pursuant to division (B) or (F) of	70
section 3311.71 of the Revised Code; all members of the board of	71
directors of a sanitary district that is established under Chapter	72
6115. of the Revised Code and organized wholly for the purpose of	73
providing a water supply for domestic, municipal, and public use,	74
and that includes two municipal corporations in two counties;	75
every public official or employee who is paid a salary or wage in	76
accordance with schedule C of section 124.15 or schedule E-2 of	77
section 124.152 of the Revised Code; members of the board of	78
trustees and the executive director of the southern Ohio	79
agricultural and community development foundation; all members	80
appointed to the Ohio livestock care standards board under section	81
904.02 of the Revised Code; and every other public official or	82
employee who is designated by the appropriate ethics commission	83
pursuant to division (B) of this section.	84

The disclosure statement shall include all of the following:

85

(1) The name of the person filing the statement and each	86
member of the person's immediate family and all names under which	87
the person or members of the person's immediate family do	88
business;	89

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	90
and except as otherwise provided in section 102.022 of the Revised	91
Code, identification of every source of income, other than income	92
from a legislative agent identified in division (A)(2)(b) of this	93
section, received during the preceding calendar year, in the	94
person's own name or by any other person for the person's use or	95
benefit, by the person filing the statement, and a brief	96
description of the nature of the services for which the income was	97
received. If the person filing the statement is a member of the	98
general assembly, the statement shall identify the amount of every	99
source of income received in accordance with the following ranges	100
of amounts: zero or more, but less than one thousand dollars; one	101
thousand dollars or more, but less than ten thousand dollars; ten	102
thousand dollars or more, but less than twenty-five thousand	103
dollars; twenty-five thousand dollars or more, but less than fifty	104
thousand dollars; fifty thousand dollars or more, but less than	105
one hundred thousand dollars; and one hundred thousand dollars or	106
more. Division (A)(2)(a) of this section shall not be construed to	107
require a person filing the statement who derives income from a	108
business or profession to disclose the individual items of income	109
that constitute the gross income of that business or profession,	110
except for those individual items of income that are attributable	111
to the person's or, if the income is shared with the person, the	112
partner's, solicitation of services or goods or performance,	113
arrangement, or facilitation of services or provision of goods on	114
behalf of the business or profession of clients, including	115
corporate clients, who are legislative agents. A person who files	116
the statement under this section shall disclose the identity of	117
and the amount of income received from a person who the public	118
official or employee knows or has reason to know is doing or	119
seeking to do business of any kind with the public official's or	120
employee's agency.	121

(b) If the person filing the statement is a member of the	122
general assembly, the statement shall identify every source of	123
income and the amount of that income that was received from a	124
legislative agent during the preceding calendar year, in the	125
person's own name or by any other person for the person's use or	126
benefit, by the person filing the statement, and a brief	127
description of the nature of the services for which the income was	128
received. Division (A)(2)(b) of this section requires the	129
disclosure of clients of attorneys or persons licensed under	130
section 4732.12 of the Revised Code, or patients of persons	131
certified under section 4731.14 of the Revised Code, if those	132
clients or patients are legislative agents. Division (A)(2)(b) of	133
this section requires a person filing the statement who derives	134
income from a business or profession to disclose those individual	135
items of income that constitute the gross income of that business	136
or profession that are received from legislative agents.	137

(c) Except as otherwise provided in division (A)(2)(c) of	138
this section, division (A)(2)(a) of this section applies to	139
attorneys, physicians, and other persons who engage in the	140
practice of a profession and who, pursuant to a section of the	141
Revised Code, the common law of this state, a code of ethics	142
applicable to the profession, or otherwise, generally are required	143
not to reveal, disclose, or use confidences of clients, patients,	144
or other recipients of professional services except under	145
specified circumstances or generally are required to maintain	146
those types of confidences as privileged communications except	147
under specified circumstances. Division (A)(2)(a) of this section	148
does not require an attorney, physician, or other professional	149
subject to a confidentiality requirement as described in division	150
(A)(2)(c) of this section to disclose the name, other identity, or	151
address of a client, patient, or other recipient of professional	152
services if the disclosure would threaten the client, patient, or	153
other recipient of professional services, would reveal details of	154
the subject matter for which legal, medical, or professional	155
advice or other services were sought, or would reveal an otherwise	156
privileged communication involving the client, patient, or other	157
recipient of professional services. Division (A)(2)(a) of this	158
section does not require an attorney, physician, or other	159
professional subject to a confidentiality requirement as described	160
in division (A)(2)(c) of this section to disclose in the brief	161
description of the nature of services required by division	162
(A)(2)(a) of this section any information pertaining to specific	163
professional services rendered for a client, patient, or other	164
recipient of professional services that would reveal details of	165
the subject matter for which legal, medical, or professional	166
advice was sought or would reveal an otherwise privileged	167
communication involving the client, patient, or other recipient of	168
professional services.	169

(3) The name of every corporation on file with the secretary	170
of state that is incorporated in this state or holds a certificate	171
of compliance authorizing it to do business in this state, trust,	172
business trust, partnership, or association that transacts	173
business in this state in which the person filing the statement or	174
any other person for the person's use and benefit had during the	175
preceding calendar year an investment of over one thousand dollars	176
at fair market value as of the thirty-first day of December of the	177
preceding calendar year, or the date of disposition, whichever is	178
earlier, or in which the person holds any office or has a	179
fiduciary relationship, and a description of the nature of the	180
investment, office, or relationship. Division (A)(3) of this	181
section does not require disclosure of the name of any bank,	182
savings and loan association, credit union, or building and loan	183
association with which the person filing the statement has a	184
deposit or a withdrawable share account.	185

(4) All fee simple and leasehold interests to which the	186
person filing the statement holds legal title to or a beneficial	187
interest in real property located within the state, excluding the	188
person's residence and property used primarily for personal	189
recreation;	190

(5) The names of all persons residing or transacting business	191
in the state to whom the person filing the statement owes, in the	192
person's own name or in the name of any other person, more than	193
one thousand dollars. Division (A)(5) of this section shall not be	194
construed to require the disclosure of debts owed by the person	195
resulting from the ordinary conduct of a business or profession or	196
debts on the person's residence or real property used primarily	197
for personal recreation, except that the superintendent of	198
financial institutions shall disclose the names of all	199
state-chartered savings and loan associations and of all service	200
corporations subject to regulation under division (E)(2) of	201
section 1151.34 of the Revised Code to whom the superintendent in	202
the superintendent's own name or in the name of any other person	203
owes any money, and that the superintendent and any deputy	204
superintendent of banks shall disclose the names of all	205
state-chartered banks and all bank subsidiary corporations subject	206
to regulation under section 1109.44 of the Revised Code to whom	207
the superintendent or deputy superintendent owes any money.	208

(6) The names of all persons residing or transacting business	209
in the state, other than a depository excluded under division	210
(A)(3) of this section, who owe more than one thousand dollars to	211
the person filing the statement, either in the person's own name	212
or to any person for the person's use or benefit. Division (A)(6)	213
of this section shall not be construed to require the disclosure	214
of clients of attorneys or persons licensed under section 4732.12	215
or 4732.15 of the Revised Code, or patients of persons certified	216
under section 4731.14 of the Revised Code, nor the disclosure of	217
debts owed to the person resulting from the ordinary conduct of a	218
business or profession.	219

(7) Except as otherwise provided in section 102.022 of the	220
Revised Code, the source of each gift of over seventy-five	221
dollars, or of each gift of over twenty-five dollars received by a	222
member of the general assembly from a legislative agent, received	223
by the person in the person's own name or by any other person for	224
the person's use or benefit during the preceding calendar year,	225
except gifts received by will or by virtue of section 2105.06 of	226
the Revised Code, or received from spouses, parents, grandparents,	227
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	228
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	229
fathers-in-law, mothers-in-law, or any person to whom the person	230
filing the statement stands in loco parentis, or received by way	231
of distribution from any inter vivos or testamentary trust	232
established by a spouse or by an ancestor;	233

(8) Except as otherwise provided in section 102.022 of the	234
Revised Code, identification of the source and amount of every	235
payment of expenses incurred for travel to destinations inside or	236
outside this state that is received by the person in the person's	237
own name or by any other person for the person's use or benefit	238
and that is incurred in connection with the person's official	239
duties, except for expenses for travel to meetings or conventions	240
of a national or state organization to which any state agency,	241
including, but not limited to, any legislative agency or state	242
institution of higher education as defined in section 3345.011 of	243
the Revised Code, pays membership dues, or any political	244
subdivision or any office or agency of a political subdivision	245
pays membership dues;	246

(9) Except as otherwise provided in section 102.022 of the	247
Revised Code, identification of the source of payment of expenses	248
for meals and other food and beverages, other than for meals and	249
other food and beverages provided at a meeting at which the person	250
participated in a panel, seminar, or speaking engagement or at a	251
meeting or convention of a national or state organization to which	252
any state agency, including, but not limited to, any legislative	253
agency or state institution of higher education as defined in	254
section 3345.011 of the Revised Code, pays membership dues, or any	255
political subdivision or any office or agency of a political	256
subdivision pays membership dues, that are incurred in connection	257
with the person's official duties and that exceed one hundred	258
dollars aggregated per calendar year;	259

(10) If the disclosure statement is filed by a public	260
official or employee described in division (B)(2) of section	261
101.73 of the Revised Code or division (B)(2) of section 121.63 of	262
the Revised Code who receives a statement from a legislative	263
agent, executive agency lobbyist, or employer that contains the	264
information described in division (F)(2) of section 101.73 of the	265
Revised Code or division (G)(2) of section 121.63 of the Revised	266
Code, all of the nondisputed information contained in the	267
statement delivered to that public official or employee by the	268
legislative agent, executive agency lobbyist, or employer under	269
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	270
the Revised Code.	271

A person may file a statement required by this section in	272
person or by mail. A person who is a candidate for elective office	273
shall file the statement no later than the thirtieth day before	274
the primary, special, or general election at which the candidacy	275
is to be voted on, whichever election occurs soonest, except that	276
a person who is a write-in candidate shall file the statement no	277
later than the twentieth day before the earliest election at which	278
the person's candidacy is to be voted on. A person who holds	279
elective office shall file the statement on or before the	280
fifteenth day of April of each year unless the person is a	281
candidate for office. A person who is appointed to fill a vacancy	282
for an unexpired term in an elective office shall file the	283
statement within fifteen days after the person qualifies for	284
office. Other persons shall file an annual statement on or before	285
the fifteenth day of April or, if appointed or employed after that	286
date, within ninety days after appointment or employment. No	287
person shall be required to file with the appropriate ethics	288
commission more than one statement or pay more than one filing fee	289
for any one calendar year.	290

The appropriate ethics commission, for good cause, may extend	291
for a reasonable time the deadline for filing a statement under	292
this section.	293

A statement filed under this section is subject to public	294
inspection at locations designated by the appropriate ethics	295
commission except as otherwise provided in this section.	296

(B) The Ohio ethics commission, the joint legislative ethics	297
committee, and the board of commissioners on grievances and	298
discipline of the supreme court, using the rule-making procedures	299
of Chapter 119. of the Revised Code, may require any class of	300
public officials or employees under its jurisdiction and not	301
specifically excluded by this section whose positions involve a	302
substantial and material exercise of administrative discretion in	303
the formulation of public policy, expenditure of public funds,	304
enforcement of laws and rules of the state or a county or city, or	305
the execution of other public trusts, to file an annual statement	306
on or before the fifteenth day of April under division (A) of this	307
section. The appropriate ethics commission shall send the public	308
officials or employees written notice of the requirement by the	309
fifteenth day of February of each year the filing is required	310
unless the public official or employee is appointed after that	311
date, in which case the notice shall be sent within thirty days	312
after appointment, and the filing shall be made not later than	313
ninety days after appointment.	314

Except for disclosure statements filed by members of the	315
board of trustees and the executive director of the southern Ohio	316
agricultural and community development foundation, disclosure	317
statements filed under this division with the Ohio ethics	318
commission by members of boards, commissions, or bureaus of the	319
state for which no compensation is received other than reasonable	320
and necessary expenses shall be kept confidential. Disclosure	321
statements filed with the Ohio ethics commission under division	322
(A) of this section by business managers, treasurers, and	323
superintendents of city, local, exempted village, joint	324
vocational, or cooperative education school districts or	325
educational service centers shall be kept confidential, except	326
that any person conducting an audit of any such school district or	327
educational service center pursuant to section 115.56 or Chapter	328
117. of the Revised Code may examine the disclosure statement of	329
any business manager, treasurer, or superintendent of that school	330
district or educational service center. Disclosure statements	331
filed with the Ohio ethics commission under division (A) of this	332
section by the individuals set forth in division (B)(2) of section	333
187.03 of the Revised Code shall be kept confidential. The Ohio	334
ethics commission shall examine each disclosure statement required	335
to be kept confidential to determine whether a potential conflict	336
of interest exists for the person who filed the disclosure	337
statement. A potential conflict of interest exists if the private	338
interests of the person, as indicated by the person's disclosure	339
statement, might interfere with the public interests the person is	340
required to serve in the exercise of the person's authority and	341
duties in the person's office or position of employment. If the	342
commission determines that a potential conflict of interest	343
exists, it shall notify the person who filed the disclosure	344
statement and shall make the portions of the disclosure statement	345
that indicate a potential conflict of interest subject to public	346
inspection in the same manner as is provided for other disclosure	347
statements. Any portion of the disclosure statement that the	348
commission determines does not indicate a potential conflict of	349
interest shall be kept confidential by the commission and shall	350
not be made subject to public inspection, except as is necessary	351
for the enforcement of Chapters 102. and 2921. of the Revised Code	352
and except as otherwise provided in this division.	353

(C) No person shall knowingly fail to file, on or before the	354
applicable filing deadline established under this section, a	355
statement that is required by this section.	356

(D) No person shall knowingly file a false statement that is	357
required to be filed under this section.	358

(E)(1) Except as provided in divisions (E)(2) and (3) of this	359
section, the statement required by division (A) or (B) of this	360
section shall be accompanied by a filing fee of sixty dollars.	361

(2) The statement required by division (A) of this section	362
shall be accompanied by the following filing fee to be paid by the	363
person who is elected or appointed to, or is a candidate for, any	364
of the following offices:	365

	For state office, except member of the				366
	state board of education		$95		367
	For office of member of general assembly		$40		368
	For county office		$60		369
	For city office		$35		370
	For office of member of the state board				371
	of education		$35		372
					373
					374
	For office of member of a city, local,				375
	exempted village, or cooperative				376
	education board of				377
	education or educational service				378
	center governing board		$30		379
	For position of business manager,				380
	treasurer, or superintendent of a				381
	city, local, exempted village, joint				382
	vocational, or cooperative education				383
	school district or				384
	educational service center		$30		385

(3) No judge of a court of record or candidate for judge of a	386
court of record, and no referee or magistrate serving a court of	387
record, shall be required to pay the fee required under division	388
(E)(1) or (2) or (F) of this section.	389

(4) For any public official who is appointed to a nonelective	390
office of the state and for any employee who holds a nonelective	391
position in a public agency of the state, the state agency that is	392
the primary employer of the state official or employee shall pay	393
the fee required under division (E)(1) or (F) of this section.	394

(F) If a statement required to be filed under this section is	395
not filed by the date on which it is required to be filed, the	396
appropriate ethics commission shall assess the person required to	397
file the statement a late filing fee of ten dollars for each day	398
the statement is not filed, except that the total amount of the	399
late filing fee shall not exceed two hundred fifty dollars.	400

(G)(1) The appropriate ethics commission other than the Ohio	401
ethics commission and the joint legislative ethics committee shall	402
deposit all fees it receives under divisions (E) and (F) of this	403
section into the general revenue fund of the state.	404

(2) The Ohio ethics commission shall deposit all receipts,	405
including, but not limited to, fees it receives under divisions	406
(E) and (F) of this section, investigative or other fees, costs,	407
or other funds it receives as a result of court orders, and all	408
moneys it receives from settlements under division (G) of section	409
102.06 of the Revised Code, into the Ohio ethics commission fund,	410
which is hereby created in the state treasury. All moneys credited	411
to the fund shall be used solely for expenses related to the	412
operation and statutory functions of the commission.	413

(3) The joint legislative ethics committee shall deposit all	414
receipts it receives from the payment of financial disclosure	415
statement filing fees under divisions (E) and (F) of this section	416
into the joint legislative ethics committee investigative fund.	417

(H) Division (A) of this section does not apply to a person	418
elected or appointed to the office of precinct, ward, or district	419
committee member under Chapter 3517. of the Revised Code; a	420
presidential elector; a delegate to a national convention; village	421
or township officials and employees; any physician or psychiatrist	422
who is paid a salary or wage in accordance with schedule C of	423
section 124.15 or schedule E-2 of section 124.152 of the Revised	424
Code and whose primary duties do not require the exercise of	425
administrative discretion; or any member of a board, commission,	426
or bureau of any county or city who receives less than one	427
thousand dollars per year for serving in that position.	428

Sec. 102.022.  Each person who is an officer or employee of a	429
political subdivision, who receives compensation of less than	430
sixteen thousand dollars a year for holding an office or position	431
of employment with that political subdivision, and who is required	432
to file a statement under section 102.02 of the Revised Code; each	433
member of the board of trustees of a state institution of higher	434
education as defined in section 3345.011 of the Revised Code who	435
is required to file a statement under section 102.02 of the	436
Revised Code; and each individual set forth in division (B)(2) of	437
section 187.03 of the Revised Code who is required to file a	438
statement under section 102.02 of the Revised Code, shall include	439
in that statement, in place of the information required by	440
divisions (A)(2), (7), (8), and (9) of that section, the following	441
information:	442

(A) Exclusive of reasonable expenses, identification of every	443
source of income over five hundred dollars received during the	444
preceding calendar year, in the officer's or employee's own name	445
or by any other person for the officer's or employee's use or	446
benefit, by the person filing the statement, and a brief	447
description of the nature of the services for which the income was	448
received. This division shall not be construed to require the	449
disclosure of clients of attorneys or persons licensed under	450
section 4732.12 or 4732.15 of the Revised Code or patients of	451
persons certified under section 4731.14 of the Revised Code. This	452
division shall not be construed to require a person filing the	453
statement who derives income from a business or profession to	454
disclose the individual items of income that constitute the gross	455
income of the business or profession.	456

(B) The source of each gift of over five hundred dollars	457
received by the person in the officer's or employee's own name or	458
by any other person for the officer's or employee's use or benefit	459
during the preceding calendar year, except gifts received by will	460
or by virtue of section 2105.06 of the Revised Code, received from	461
parents, grandparents, children, grandchildren, siblings, nephews,	462
nieces, uncles, aunts, brothers-in-law, sisters-in-law,	463
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or	464
any person to whom the person filing the statement stands in loco	465
parentis, or received by way of distribution from any inter vivos	466
or testamentary trust established by a spouse or by an ancestor.	467

Sec. 102.03.  (A)(1) No present or former public official or	468
employee shall, during public employment or service or for twelve	469
months thereafter, represent a client or act in a representative	470
capacity for any person on any matter in which the public official	471
or employee personally participated as a public official or	472
employee through decision, approval, disapproval, recommendation,	473
the rendering of advice, investigation, or other substantial	474
exercise of administrative discretion.	475

(2) For twenty-four months after the conclusion of service,	476
no former commissioner or attorney examiner of the public	477
utilities commission shall represent a public utility, as defined	478
in section 4905.02 of the Revised Code, or act in a representative	479
capacity on behalf of such a utility before any state board,	480
commission, or agency.	481

(3) For twenty-four months after the conclusion of employment	482
or service, no former public official or employee who personally	483
participated as a public official or employee through decision,	484
approval, disapproval, recommendation, the rendering of advice,	485
the development or adoption of solid waste management plans,	486
investigation, inspection, or other substantial exercise of	487
administrative discretion under Chapter 343. or 3734. of the	488
Revised Code shall represent a person who is the owner or operator	489
of a facility, as defined in section 3734.01 of the Revised Code,	490
or who is an applicant for a permit or license for a facility	491
under that chapter, on any matter in which the public official or	492
employee personally participated as a public official or employee.	493

(4) For a period of one year after the conclusion of	494
employment or service as a member or employee of the general	495
assembly, no former member or employee of the general assembly	496
shall represent, or act in a representative capacity for, any	497
person on any matter before the general assembly, any committee of	498
the general assembly, or the controlling board. Division (A)(4) of	499
this section does not apply to or affect a person who separates	500
from service with the general assembly on or before December 31,	501
1995. As used in division (A)(4) of this section "person" does not	502
include any state agency or political subdivision of the state.	503

(5) As used in divisions (A)(1), (2), and (3) of this	504
section, "matter" includes any case, proceeding, application,	505
determination, issue, or question, but does not include the	506
proposal, consideration, or enactment of statutes, rules,	507
ordinances, resolutions, or charter or constitutional amendments.	508
As used in division (A)(4) of this section, "matter" includes the	509
proposal, consideration, or enactment of statutes, resolutions, or	510
constitutional amendments. As used in division (A) of this	511
section, "represent" includes any formal or informal appearance	512
before, or any written or oral communication with, any public	513
agency on behalf of any person.	514

(6) Nothing contained in division (A) of this section shall	515
prohibit, during such period, a former public official or employee	516
from being retained or employed to represent, assist, or act in a	517
representative capacity for the public agency by which the public	518
official or employee was employed or on which the public official	519
or employee served.	520

(7) Division (A) of this section shall not be construed to	521
prohibit the performance of ministerial functions, including, but	522
not limited to, the filing or amendment of tax returns,	523
applications for permits and licenses, incorporation papers, and	524
other similar documents.	525

(8) Division (A) of this section does not prohibit a	526
nonelected public official or employee of a state agency, as	527
defined in section 1.60 of the Revised Code, from becoming a	528
public official or employee of another state agency. Division (A)	529
of this section does not prohibit such an official or employee	530
from representing or acting in a representative capacity for the	531
official's or employee's new state agency on any matter in which	532
the public official or employee personally participated as a	533
public official or employee at the official's or employee's former	534
state agency. However, no public official or employee of a state	535
agency shall, during public employment or for twelve months	536
thereafter, represent or act in a representative capacity for the	537
official's or employee's new state agency on any audit or	538
investigation pertaining to the official's or employee's new state	539
agency in which the public official or employee personally	540
participated at the official's or employee's former state agency	541
through decision, approval, disapproval, recommendation, the	542
rendering of advice, investigation, or other substantial exercise	543
of administrative discretion.	544

(9) Division (A) of this section does not prohibit a	545
nonelected public official or employee of a political subdivision	546
from becoming a public official or employee of a different	547
department, division, agency, office, or unit of the same	548
political subdivision. Division (A) of this section does not	549
prohibit such an official or employee from representing or acting	550
in a representative capacity for the official's or employee's new	551
department, division, agency, office, or unit on any matter in	552
which the public official or employee personally participated as a	553
public official or employee at the official's or employee's former	554
department, division, agency, office, or unit of the same	555
political subdivision. As used in this division, "political	556
subdivision" means a county, township, municipal corporation, or	557
any other body corporate and politic that is responsible for	558
government activities in a geographic area smaller than that of	559
the state.	560

(10) No present or former Ohio casino control commission	561
official shall, during public service or for two years thereafter,	562
represent a client, be employed or compensated by a person	563
regulated by the commission, or act in a representative capacity	564
for any person on any matter before or concerning the commission.	565

No present or former commission employee shall, during public	566
employment or for two years thereafter, represent a client or act	567
in a representative capacity on any matter in which the employee	568
personally participated as a commission employee through decision,	569
approval, disapproval, recommendation, the rendering of advice,	570
investigation, or other substantial exercise of administrative	571
discretion.	572

(B) No present or former public official or employee shall	573
disclose or use, without appropriate authorization, any	574
information acquired by the public official or employee in the	575
course of the public official's or employee's official duties that	576
is confidential because of statutory provisions, or that has been	577
clearly designated to the public official or employee as	578
confidential when that confidential designation is warranted	579
because of the status of the proceedings or the circumstances	580
under which the information was received and preserving its	581
confidentiality is necessary to the proper conduct of government	582
business.	583

(C) No public official or employee shall participate within	584
the scope of duties as a public official or employee, except	585
through ministerial functions as defined in division (A) of this	586
section, in any license or rate-making proceeding that directly	587
affects the license or rates of any person, partnership, trust,	588
business trust, corporation, or association in which the public	589
official or employee or immediate family owns or controls more	590
than five per cent. No public official or employee shall	591
participate within the scope of duties as a public official or	592
employee, except through ministerial functions as defined in	593
division (A) of this section, in any license or rate-making	594
proceeding that directly affects the license or rates of any	595
person to whom the public official or employee or immediate	596
family, or a partnership, trust, business trust, corporation, or	597
association of which the public official or employee or the public	598
official's or employee's immediate family owns or controls more	599
than five per cent, has sold goods or services totaling more than	600
one thousand dollars during the preceding year, unless the public	601
official or employee has filed a written statement acknowledging	602
that sale with the clerk or secretary of the public agency and the	603
statement is entered in any public record of the agency's	604
proceedings. This division shall not be construed to require the	605
disclosure of clients of attorneys or persons licensed under	606
section 4732.12 or 4732.15 of the Revised Code, or patients of	607
persons certified under section 4731.14 of the Revised Code.	608

(D) No public official or employee shall use or authorize the	609
use of the authority or influence of office or employment to	610
secure anything of value or the promise or offer of anything of	611
value that is of such a character as to manifest a substantial and	612
improper influence upon the public official or employee with	613
respect to that person's duties.	614

(E) No public official or employee shall solicit or accept	615
anything of value that is of such a character as to manifest a	616
substantial and improper influence upon the public official or	617
employee with respect to that person's duties.	618

(F) No person shall promise or give to a public official or	619
employee anything of value that is of such a character as to	620
manifest a substantial and improper influence upon the public	621
official or employee with respect to that person's duties.	622

(G) In the absence of bribery or another offense under the	623
Revised Code or a purpose to defraud, contributions made to a	624
campaign committee, political party, legislative campaign fund,	625
political action committee, or political contributing entity on	626
behalf of an elected public officer or other public official or	627
employee who seeks elective office shall be considered to accrue	628
ordinarily to the public official or employee for the purposes of	629
divisions (D), (E), and (F) of this section.	630

As used in this division, "contributions," "campaign	631
committee," "political party," "legislative campaign fund,"	632
"political action committee," and "political contributing entity"	633
have the same meanings as in section 3517.01 of the Revised Code.	634

(H)(1) No public official or employee, except for the	635
president or other chief administrative officer of or a member of	636
a board of trustees of a state institution of higher education as	637
defined in section 3345.011 of the Revised Code, who is required	638
to file a financial disclosure statement under section 102.02 of	639
the Revised Code shall solicit or accept, and no person shall give	640
to that public official or employee, an honorarium. Except as	641
provided in division (H)(2) of this section, this division and	642
divisions (D), (E), and (F) of this section do not prohibit a	643
public official or employee who is required to file a financial	644
disclosure statement under section 102.02 of the Revised Code from	645
accepting and do not prohibit a person from giving to that public	646
official or employee the payment of actual travel expenses,	647
including any expenses incurred in connection with the travel for	648
lodging, and meals, food, and beverages provided to the public	649
official or employee at a meeting at which the public official or	650
employee participates in a panel, seminar, or speaking engagement	651
or provided to the public official or employee at a meeting or	652
convention of a national organization to which any state agency,	653
including, but not limited to, any state legislative agency or	654
state institution of higher education as defined in section	655
3345.011 of the Revised Code, pays membership dues. Except as	656
provided in division (H)(2) of this section, this division and	657
divisions (D), (E), and (F) of this section do not prohibit a	658
public official or employee who is not required to file a	659
financial disclosure statement under section 102.02 of the Revised	660
Code from accepting and do not prohibit a person from promising or	661
giving to that public official or employee an honorarium or the	662
payment of travel, meal, and lodging expenses if the honorarium,	663
expenses, or both were paid in recognition of demonstrable	664
business, professional, or esthetic interests of the public	665
official or employee that exist apart from public office or	666
employment, including, but not limited to, such a demonstrable	667
interest in public speaking and were not paid by any person or	668
other entity, or by any representative or association of those	669
persons or entities, that is regulated by, doing business with, or	670
seeking to do business with the department, division, institution,	671
board, commission, authority, bureau, or other instrumentality of	672
the governmental entity with which the public official or employee	673
serves.	674

(2) No person who is a member of the board of a state	675
retirement system, a state retirement system investment officer,	676
or an employee of a state retirement system whose position	677
involves substantial and material exercise of discretion in the	678
investment of retirement system funds shall solicit or accept, and	679
no person shall give to that board member, officer, or employee,	680
payment of actual travel expenses, including expenses incurred	681
with the travel for lodging, meals, food, and beverages.	682

(I) A public official or employee may accept travel, meals,	683
and lodging or expenses or reimbursement of expenses for travel,	684
meals, and lodging in connection with conferences, seminars, and	685
similar events related to official duties if the travel, meals,	686
and lodging, expenses, or reimbursement is not of such a character	687
as to manifest a substantial and improper influence upon the	688
public official or employee with respect to that person's duties.	689
The house of representatives and senate, in their code of ethics,	690
and the Ohio ethics commission, under section 111.15 of the	691
Revised Code, may adopt rules setting standards and conditions for	692
the furnishing and acceptance of such travel, meals, and lodging,	693
expenses, or reimbursement.	694

A person who acts in compliance with this division and any	695
applicable rules adopted under it, or any applicable, similar	696
rules adopted by the supreme court governing judicial officers and	697
employees, does not violate division (D), (E), or (F) of this	698
section. This division does not preclude any person from seeking	699
an advisory opinion from the appropriate ethics commission under	700
section 102.08 of the Revised Code.	701

(J) For purposes of divisions (D), (E), and (F) of this	702
section, the membership of a public official or employee in an	703
organization shall not be considered, in and of itself, to be of	704
such a character as to manifest a substantial and improper	705
influence on the public official or employee with respect to that	706
person's duties. As used in this division, "organization" means a	707
church or a religious, benevolent, fraternal, or professional	708
organization that is tax exempt under subsection 501(a) and	709
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	710
"Internal Revenue Code of 1986." This division does not apply to a	711
public official or employee who is an employee of an organization,	712
serves as a trustee, director, or officer of an organization, or	713
otherwise holds a fiduciary relationship with an organization.	714
This division does not allow a public official or employee who is	715
a member of an organization to participate, formally or	716
informally, in deliberations, discussions, or voting on a matter	717
or to use the public official's or employee's official position	718
with regard to the interests of the organization on the matter if	719
the public official or employee has assumed a particular	720
responsibility in the organization with respect to the matter or	721
if the matter would affect that person's personal, pecuniary	722
interests.	723

(K) It is not a violation of this section for a prosecuting	724
attorney to appoint assistants and employees in accordance with	725
division (B) of section 309.06 and section 2921.421 of the Revised	726
Code, for a chief legal officer of a municipal corporation or an	727
official designated as prosecutor in a municipal corporation to	728
appoint assistants and employees in accordance with sections	729
733.621 and 2921.421 of the Revised Code, for a township law	730
director appointed under section 504.15 of the Revised Code to	731
appoint assistants and employees in accordance with sections	732
504.151 and 2921.421 of the Revised Code, or for a coroner to	733
appoint assistants and employees in accordance with division (B)	734
of section 313.05 of the Revised Code.	735

As used in this division, "chief legal officer" has the same	736
meaning as in section 733.621 of the Revised Code.	737

(L) No present public official or employee with a casino	738
gaming regulatory function shall indirectly invest, by way of an	739
entity the public official or employee has an ownership interest	740
or control in, or directly invest in a casino operator, management	741
company, holding company, casino facility, or gaming-related	742
vendor. No present public official or employee with a casino	743
gaming regulatory function shall directly or indirectly have a	744
financial interest in, have an ownership interest in, be the	745
creditor or hold a debt instrument issued by, or have an interest	746
in a contractual or service relationship with a casino operator,	747
management company, holding company, casino facility, or	748
gaming-related vendor. This section does not prohibit or limit	749
permitted passive investing by the public official or employee.	750

As used in this division, "passive investing" means	751
investment by the public official or employee by means of a mutual	752
fund in which the public official or employee has no control of	753
the investments or investment decisions. "Casino operator,"	754
"holding company," "management company," "casino facility," and	755
"gaming-related vendor" have the same meanings as in section	756
3772.01 of the Revised Code.	757

(M) A member of the Ohio casino control commission, the	758
executive director of the commission, or an employee of the	759
commission shall not:	760

(1) Accept anything of value, including but not limited to a	761
gift, gratuity, emolument, or employment from a casino operator,	762
management company, or other person subject to the jurisdiction of	763
the commission, or from an officer, attorney, agent, or employee	764
of a casino operator, management company, or other person subject	765
to the jurisdiction of the commission;	766

(2) Solicit, suggest, request, or recommend, directly or	767
indirectly, to a casino operator, management company, or other	768
person subject to the jurisdiction of the commission, or to an	769
officer, attorney, agent, or employee of a casino operator,	770
management company, or other person subject to the jurisdiction of	771
the commission, the appointment of a person to an office, place,	772
position, or employment;	773

(3) Participate in casino gaming or any other amusement or	774
activity at a casino facility in this state or at an affiliate	775
gaming facility of a licensed casino operator, wherever located.	776

In addition to the penalty provided in section 102.99 of the	777
Revised Code, whoever violates division (M)(1), (2), or (3) of	778
this section forfeits the individual's office or employment.	779

Sec. 2152.54.  (A) An evaluation of a child who does not	780
appear to the court to be a person who is at least moderately	781
intellectually disabled shall be made by an evaluator who is one	782
of the following:	783

(1) A professional employed by a psychiatric facility or	784
center certified by the department of mental health to provide	785
forensic services and appointed by the director of the facility or	786
center to conduct the evaluation;	787

(2) A psychiatrist or a licensed clinical psychologist who	788
satisfies the criteria of division (I)(1) of section 5122.01 of	789
the Revised Code and has specialized education, training, or	790
experience in forensic evaluations of children or adolescents.	791

(B) An evaluation of a child who appears to the court to be a	792
person who is at least moderately intellectually disabled shall be	793
made by a psychiatrist or licensed clinical psychologist who	794
satisfies the criteria of division (I)(1) of section 5122.01 of	795
the Revised Code and has specialized education, training, or	796
experience in forensic evaluations of children or adolescents who	797
have intellectual disability.	798

(C) If an evaluation is conducted by an evaluator of the type	799
described in division (A)(1) or (2) of this section and the	800
evaluator concludes that the child is a person who is at least	801
moderately intellectually disabled, the evaluator shall	802
discontinue the evaluation and notify the court within one	803
business day after reaching the conclusion. Within two business	804
days after receiving notification, the court shall order the child	805
to undergo an evaluation by an evaluator of the type described in	806
division (B) of this section. Within two business days after the	807
appointment of the new evaluator, the original evaluator shall	808
deliver to the new evaluator all information relating to the child	809
obtained during the original evaluation.	810

Sec. 2919.271.  (A)(1)(a) If a defendant is charged with a	811
violation of section 2919.27 of the Revised Code or of a municipal	812
ordinance that is substantially similar to that section, the court	813
may order an evaluation of the mental condition of the defendant	814
if the court determines that either of the following criteria	815
apply:	816

(i) If the alleged violation is a violation of a protection	817
order issued or consent agreement approved pursuant to section	818
2919.26 or 3113.31 of the Revised Code, that the violation	819
allegedly involves conduct by the defendant that caused physical	820
harm to the person or property of a family or household member	821
covered by the order or agreement, or conduct by the defendant	822
that caused a family or household member to believe that the	823
defendant would cause physical harm to that member or that	824
member's property.	825

(ii) If the alleged violation is a violation of a protection	826
order issued pursuant to section 2903.213 or 2903.214 of the	827
Revised Code or a protection order issued by a court of another	828
state, that the violation allegedly involves conduct by the	829
defendant that caused physical harm to the person or property of	830
the person covered by the order, or conduct by the defendant that	831
caused the person covered by the order to believe that the	832
defendant would cause physical harm to that person or that	833
person's property.	834

(b) If a defendant is charged with a violation of section	835
2903.211 of the Revised Code or of a municipal ordinance that is	836
substantially similar to that section, the court may order an	837
evaluation of the mental condition of the defendant.	838

(2) An evaluation ordered under division (A)(1) of this	839
section shall be completed no later than thirty days from the date	840
the order is entered pursuant to that division. In that order, the	841
court shall do either of the following:	842

(a) Order that the evaluation of the mental condition of the	843
defendant be preceded by an examination conducted either by a	844
forensic center that is designated by the department of mental	845
health to conduct examinations and make evaluations of defendants	846
charged with violations of section 2903.211 or 2919.27 of the	847
Revised Code or of substantially similar municipal ordinances in	848
the area in which the court is located, or by any other program or	849
facility that is designated by the department of mental health or	850
the department of developmental disabilities to conduct	851
examinations and make evaluations of defendants charged with	852
violations of section 2903.211 or 2919.27 of the Revised Code or	853
of substantially similar municipal ordinances, and that is	854
operated by either department or is certified by either department	855
as being in compliance with the standards established under	856
division (H) of section 5119.01 of the Revised Code or division	857
(C) of section 5123.04 of the Revised Code.	858

(b) Designate a center, program, or facility other than one	859
designated by the department of mental health or the department of	860
developmental disabilities, as described in division (A)(2)(a) of	861
this section, to conduct the evaluation and preceding examination	862
of the mental condition of the defendant.	863

Whether the court acts pursuant to division (A)(2)(a) or (b)	864
of this section, the court may designate examiners other than the	865
personnel of the center, program, facility, or department involved	866
to make the evaluation and preceding examination of the mental	867
condition of the defendant.	868

(B) If the court considers that additional evaluations of the	869
mental condition of a defendant are necessary following the	870
evaluation authorized by division (A) of this section, the court	871
may order up to two additional similar evaluations. These	872
evaluations shall be completed no later than thirty days from the	873
date the applicable court order is entered. If more than one	874
evaluation of the mental condition of the defendant is ordered	875
under this division, the prosecutor and the defendant may	876
recommend to the court an examiner whom each prefers to perform	877
one of the evaluations and preceding examinations.	878

(C)(1) The court may order a defendant who has been released	879
on bail to submit to an examination under division (A) or (B) of	880
this section. The examination shall be conducted either at the	881
detention facility in which the defendant would have been confined	882
if the defendant had not been released on bail, or, if so	883
specified by the center, program, facility, or examiners involved,	884
at the premises of the center, program, or facility. Additionally,	885
the examination shall be conducted at the times established by the	886
examiners involved. If such a defendant refuses to submit to an	887
examination or a complete examination as required by the court or	888
the center, program, facility, or examiners involved, the court	889
may amend the conditions of the bail of the defendant and order	890
the sheriff to take the defendant into custody and deliver the	891
defendant to the detention facility in which the defendant would	892
have been confined if the defendant had not been released on bail,	893
or, if so specified by the center, program, facility, or examiners	894
involved, to the premises of the center, program, or facility, for	895
purposes of the examination.	896

(2) A defendant who has not been released on bail shall be	897
examined at the detention facility in which the defendant is	898
confined or, if so specified by the center, program, facility, or	899
examiners involved, at the premises of the center, program, or	900
facility.	901

(D) The examiner of the mental condition of a defendant under	902
division (A) or (B) of this section shall file a written report	903
with the court within thirty days after the entry of an order for	904
the evaluation of the mental condition of the defendant. The	905
report shall contain the findings of the examiner; the facts in	906
reasonable detail on which the findings are based; the opinion of	907
the examiner as to the mental condition of the defendant; the	908
opinion of the examiner as to whether the defendant represents a	909
substantial risk of physical harm to other persons as manifested	910
by evidence of recent homicidal or other violent behavior,	911
evidence of recent threats that placed other persons in reasonable	912
fear of violent behavior and serious physical harm, or evidence of	913
present dangerousness; and the opinion of the examiner as to the	914
types of treatment or counseling that the defendant needs. The	915
court shall provide copies of the report to the prosecutor and	916
defense counsel.	917

(E) The costs of any evaluation and preceding examination of	918
a defendant that is ordered pursuant to division (A) or (B) of	919
this section shall be taxed as court costs in the criminal case.	920

(F) If the examiner considers it necessary in order to make	921
an accurate evaluation of the mental condition of a defendant, an	922
examiner under division (A) or (B) of this section may request any	923
family or household member of the defendant to provide the	924
examiner with information. A family or household member may, but	925
is not required to, provide information to the examiner upon	926
receipt of the request.	927

(G) As used in this section:

928

(1) "Bail" includes a recognizance.

929

(2) "Examiner" means a psychiatrist, a licensed independent	930
social worker who is employed by a forensic center that is	931
certified as being in compliance with the standards established	932
under division (H) of section 5119.01 or division (C) of section	933
5123.04 of the Revised Code, a licensed professional clinical	934
counselor who is employed at a forensic center that is certified	935
as being in compliance with such standards, or a licensed clinical	936
psychologist, except that in order to be an examiner, a licensed	937
clinical psychologist shall meet the criteria of division (I)(1)	938
of section 5122.01 of the Revised Code or be employed to conduct	939
examinations by the department of mental health or by a forensic	940
center certified as being in compliance with the standards	941
established under division (H) of section 5119.01 or division (C)	942
of section 5123.04 of the Revised Code that is designated by the	943
department of mental health.	944

(3) "Family or household member" has the same meaning as in	945
section 2919.25 of the Revised Code.	946

(4) "Prosecutor" has the same meaning as in section 2935.01	947
of the Revised Code.	948

(5) "Psychiatrist" and "licensed clinical psychologist" have	949
the same meanings as in section 5122.01 of the Revised Code.	950

(6) "Protection order issued by a court of another state" has	951
the same meaning as in section 2919.27 of the Revised Code.	952

Sec. 2945.37.  (A) As used in sections 2945.37 to 2945.402 of	953
the Revised Code:	954

(1) "Prosecutor" means a prosecuting attorney or a city	955
director of law, village solicitor, or similar chief legal officer	956
of a municipal corporation who has authority to prosecute a	957
criminal case that is before the court or the criminal case in	958
which a defendant in a criminal case has been found incompetent to	959
stand trial or not guilty by reason of insanity.	960

(2) "Examiner" means either of the following:

961

(a) A psychiatrist or a licensed clinical psychologist who	962
satisfies the criteria of division (I)(1) of section 5122.01 of	963
the Revised Code or is employed by a certified forensic center	964
designated by the department of mental health to conduct	965
examinations or evaluations.	966

(b) For purposes of a separate mental retardation evaluation	967
that is ordered by a court pursuant to division (H) of section	968
2945.371 of the Revised Code, a psychologist designated by the	969
director of developmental disabilities pursuant to that section to	970
conduct that separate mental retardation evaluation.	971

(3) "Nonsecured status" means any unsupervised, off-grounds	972
movement or trial visit from a hospital or institution, or any	973
conditional release, that is granted to a person who is found	974
incompetent to stand trial and is committed pursuant to section	975
2945.39 of the Revised Code or to a person who is found not guilty	976
by reason of insanity and is committed pursuant to section 2945.40	977
of the Revised Code.	978

(4) "Unsupervised, off-grounds movement" includes only	979
off-grounds privileges that are unsupervised and that have an	980
expectation of return to the hospital or institution on a daily	981
basis.	982

(5) "Trial visit" means a patient privilege of a longer	983
stated duration of unsupervised community contact with an	984
expectation of return to the hospital or institution at designated	985
times.	986

(6) "Conditional release" means a commitment status under	987
which the trial court at any time may revoke a person's	988
conditional release and order the rehospitalization or	989
reinstitutionalization of the person as described in division (A)	990
of section 2945.402 of the Revised Code and pursuant to which a	991
person who is found incompetent to stand trial or a person who is	992
found not guilty by reason of insanity lives and receives	993
treatment in the community for a period of time that does not	994
exceed the maximum prison term or term of imprisonment that the	995
person could have received for the offense in question had the	996
person been convicted of the offense instead of being found	997
incompetent to stand trial on the charge of the offense or being	998
found not guilty by reason of insanity relative to the offense.	999

(7) "Licensed clinical psychologist," "mentally ill person	1000
subject to hospitalization by court order," and "psychiatrist"	1001
have the same meanings as in section 5122.01 of the Revised Code.	1002

(8) "Mentally retarded person subject to institutionalization	1003
by court order" has the same meaning as in section 5123.01 of the	1004
Revised Code.	1005

(B) In a criminal action in a court of common pleas, a county	1006
court, or a municipal court, the court, prosecutor, or defense may	1007
raise the issue of the defendant's competence to stand trial. If	1008
the issue is raised before the trial has commenced, the court	1009
shall hold a hearing on the issue as provided in this section. If	1010
the issue is raised after the trial has commenced, the court shall	1011
hold a hearing on the issue only for good cause shown or on the	1012
court's own motion.	1013

(C) The court shall conduct the hearing required or	1014
authorized under division (B) of this section within thirty days	1015
after the issue is raised, unless the defendant has been referred	1016
for evaluation in which case the court shall conduct the hearing	1017
within ten days after the filing of the report of the evaluation	1018
or, in the case of a defendant who is ordered by the court	1019
pursuant to division (H) of section 2945.371 of the Revised Code	1020
to undergo a separate mental retardation evaluation conducted by a	1021
psychologist designated by the director of developmental	1022
disabilities, within ten days after the filing of the report of	1023
the separate mental retardation evaluation under that division. A	1024
hearing may be continued for good cause.	1025

(D) The defendant shall be represented by counsel at the	1026
hearing conducted under division (C) of this section. If the	1027
defendant is unable to obtain counsel, the court shall appoint	1028
counsel under Chapter 120. of the Revised Code or under the	1029
authority recognized in division (C) of section 120.06, division	1030
(E) of section 120.16, division (E) of section 120.26, or section	1031
2941.51 of the Revised Code before proceeding with the hearing.	1032

(E) The prosecutor and defense counsel may submit evidence on	1033
the issue of the defendant's competence to stand trial. A written	1034
report of the evaluation of the defendant may be admitted into	1035
evidence at the hearing by stipulation, but, if either the	1036
prosecution or defense objects to its admission, the report may be	1037
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1038
any other applicable statute or rule.	1039

(F) The court shall not find a defendant incompetent to stand	1040
trial solely because the defendant is receiving or has received	1041
treatment as a voluntary or involuntary mentally ill patient under	1042
Chapter 5122. or a voluntary or involuntary mentally retarded	1043
resident under Chapter 5123. of the Revised Code or because the	1044
defendant is receiving or has received psychotropic drugs or other	1045
medication, even if the defendant might become incompetent to	1046
stand trial without the drugs or medication.	1047

(G) A defendant is presumed to be competent to stand trial.	1048
If, after a hearing, the court finds by a preponderance of the	1049
evidence that, because of the defendant's present mental	1050
condition, the defendant is incapable of understanding the nature	1051
and objective of the proceedings against the defendant or of	1052
assisting in the defendant's defense, the court shall find the	1053
defendant incompetent to stand trial and shall enter an order	1054
authorized by section 2945.38 of the Revised Code.	1055

(H) Municipal courts shall follow the procedures set forth in	1056
sections 2945.37 to 2945.402 of the Revised Code. Except as	1057
provided in section 2945.371 of the Revised Code, a municipal	1058
court shall not order an evaluation of the defendant's competence	1059
to stand trial or the defendant's mental condition at the time of	1060
the commission of the offense to be conducted at any hospital	1061
operated by the department of mental health. Those evaluations	1062
shall be performed through community resources including, but not	1063
limited to, certified forensic centers, court probation	1064
departments, and community mental health agencies. All expenses of	1065
the evaluations shall be borne by the legislative authority of the	1066
municipal court, as defined in section 1901.03 of the Revised	1067
Code, and shall be taxed as costs in the case. If a defendant is	1068
found incompetent to stand trial or not guilty by reason of	1069
insanity, a municipal court may commit the defendant as provided	1070
in sections 2945.38 to 2945.402 of the Revised Code.	1071

Sec. 4732.01.  As used in sections 4732.01 to 4732.25 of the	1072
Revised Codethis chapter:	1073

(A) "Psychologist" means any person who holds self out to the	1074
public by any title or description of services incorporating the	1075
words "psychologic," "psychological," "psychologist,"	1076
"psychology," or any other terms that imply the person is trained,	1077
experienced, or an expert in the field of psychology.	1078

(B) "The practice of psychology" means rendering or offering	1079
to render to individuals, groups, organizations, or the public any	1080
service involving the application of psychological procedures to	1081
assessment, diagnosis, prevention, treatment, or amelioration of	1082
psychological problems or emotional or mental disorders of	1083
individuals or groups; or to the assessment or improvement of	1084
psychological adjustment or functioning of individuals or groups,	1085
whether or not there is a diagnosable pre-existing psychological	1086
problem. Practice of psychology includes the practice of school	1087
psychology. For purposes of this chapter, teaching or research	1088
shall not be regarded as the practice of psychology, even when	1089
dealing with psychological subject matter, provided it does not	1090
otherwise involve the professional practice of psychology in which	1091
patient or clientan individual's welfare is directly affected by	1092
the application of psychological procedures.	1093

(C) "Psychological procedures" include but are not restricted	1094
to application of principles, methods, or procedures of	1095
understanding, predicting, or influencing behavior, such as the	1096
principles pertaining to learning, conditioning, perception,	1097
motivation, thinking, emotions, or interpersonal relationships;	1098
the methods or procedures of verbal interaction, interviewing,	1099
counseling, behavior modification, environmental manipulation,	1100
group process, psychological psychotherapy, or hypnosis; and the	1101
methods or procedures of administering or interpreting tests of	1102
mental abilities, aptitudes, interests, attitudes, personality	1103
characteristics, emotions, or motivation.	1104

(D) "School psychologist" means any person who holds self out	1105
to the public by any title or description of services	1106
incorporating the words "school psychologist" or "school	1107
psychology," or who holds self out to be trained, experienced, or	1108
an expert in the practice of school psychology.	1109

(E) "Practice of school psychology" means rendering or	1110
offering to render to individuals, groups, organizations, or the	1111
public any of the following services:	1112

(1) Evaluation, diagnosis, or test interpretation limited to	1113
assessment of intellectual ability, learning patterns,	1114
achievement, motivation, behavior, or personality factors directly	1115
related to learning problems in an educational setting;	1116

(2) CounselingIntervention services, including counseling,	1117
for children or adults for amelioration or prevention of	1118
educationally related learning problems, including emotional and	1119
behavioral aspects of such problems;	1120

(3) EducationalPsychological, educational, or vocational	1121
consultation or direct educational services. This does not include	1122
industrial consultation or counseling services to clients	1123
undergoing vocational rehabilitation.	1124

(F) "Licensed psychologist" means an individual holding a	1125
current, valid license to practice psychology issued under section	1126
4732.12 or 4732.15 of the Revised Code.	1127

(G) "Licensed schoolSchool psychologist licensed by the	1128
state board of psychology" means an individual holding a current,	1129
valid license to practice school psychology issued under section	1130
4732.12 or 4732.15 of the Revised Code.	1131

(H) "Certificated schoolSchool psychologist licensed by the	1132
state board of education" means an individual holding a current,	1133
valid school psychologist certificatelicense issued under	1134
division (M) ofrules adopted under section 3319.22 of the Revised	1135
Code.	1136

(I) "Mental health professional" and "mental health service"	1137
have the same meanings as in section 2305.51 of the Revised Code.	1138

(J) "Telepsychology" means the practice of psychology or	1139
school psychology by distance communication technology, including	1140
telephone, electronic mail, internet-based communications, and	1141
video conferencing.	1142

Sec. 4732.02.  The governor, with the advice and consent of	1143
the senate, shall appoint a state board of psychology consisting	1144
of nine persons who are citizens of the United States and	1145
residents of this state. Three members shall be patient advocates	1146
who are not mental health professionals and who either are parents	1147
or other relatives of a person who has received or is receiving	1148
mental health services or are representatives of organizations	1149
that represent persons who have received or are receiving mental	1150
health services. At least one patient advocate member shall be a	1151
parent or other relative of a mental health service recipient, and	1152
at least one patient advocate member shall be a representative of	1153
an organization representing mental health service recipients.	1154
Each of the remaining members shall be a licensed psychologist or	1155
a licensed school psychologist licensed by the state board of	1156
psychology. The terms of the licensed psychologist and licensed	1157
school psychologist members that are in effect on the effective	1158
date of this amendment shall continue as under the law in effect	1159
prior to the effective date of this amendment. Of the patient	1160
advocate members whose positions are created on the effective date	1161
of this amendment, one shall replace the current member who is not	1162
a psychologist or other health professional at the end of that	1163
member's term, one shall be appointed for a term that ends on	1164
October 5, 2003, and one shall be appointed for a term that ends	1165
on October 5, 2006. Thereafter, termsTerms of office for all	1166
members shall be for five years, commencing on the sixth day of	1167
October and ending on the fifth day of October. Each member shall	1168
hold office from the date of appointment until the end of the term	1169
for which the member was appointed. Any member appointed to fill a	1170
vacancy occurring prior to the expiration of the term for which	1171
the member's predecessor was appointed shall hold office for the	1172
remainder of such term. Any member shall continue in office	1173
subsequent to the expiration date of the member's term until the	1174
member's successor takes office, or until a period of sixty days	1175
has elapsed, whichever occurs first. No person shall be appointed	1176
to more than two five-year terms in succession. The licensed	1177
psychologist and licensed school psychologist members of the board	1178
shall be so chosen that they represent the diverse fields of	1179
specialization and practice in the profession of psychology and	1180
the profession of school psychology. The governor may make such	1181
appointments from lists submitted annually by the Ohio	1182
psychological association and by, the Ohio school psychologists	1183
association, and the Ohio association of black psychologists. A	1184
vacancy in an unexpired term shall be filled in the same manner as	1185
the original appointment.	1186

The governor may remove any member for malfeasance,	1187
misfeasance, or nonfeasance after a hearing in accordance with	1188
Chapter 119. of the Revised Code. The governor shall remove, after	1189
a hearing in accordance with Chapter 119. of the Revised Code, any	1190
member who has been convicted of or pleaded guilty to the	1191
commission of a felony offense under any law of this state,	1192
another state, or the United States. No person may be appointed to	1193
the board who has been convicted of or pleaded guilty to a felony	1194
offense under any law of this state, another state, or the United	1195
States.	1196

Sec. 4732.03.  The state board of psychology shall organize	1197
within thirty days after its members have been appointed by the	1198
governor. The board shall elect a president and a secretary from	1199
its members to serve for terms of one year. The president and the	1200
secretary may administer oaths. A majority of the board	1201
constitutes a quorum. The secretary shall be compensated for his	1202
necessary expenses incurred in the performance of his official	1203
duties.	1204

Sec. 4732.06.  The principal office of the state board of	1205
psychology shall be in Columbus, but it may meet or conduct	1206
business at any place in this state. The board may empower any one	1207
or more of its members to conduct any proceeding, hearing, or	1208
investigation necessary to its purposes. The board shall meet at	1209
least twice annually and at such other times as it determines.	1210
Special meetings may be called by the president and shall be	1211
called by the secretary upon the written request of two members.	1212
The board shall not conduct business by teleconference except as	1213
provided in division (F)(1) of section 4732.17 of the Revised	1214
Code.	1215

The board shall make such rules as are necessary to conduct	1216
its business.	1217

The board mayshall employ suchan executive director,	1218
investigators, and administrative assistants and clerical help as	1219
are necessary to administer and enforce this chapter.	1220

Sec. 4732.07.  The state board of psychology shall keep a	1221
record of its proceedings and a register of applicants for	1222
licenses. The books and records of the board shall be prima-facie	1223
evidence of the matters therein contained. Such records shall	1224
include applicants' written examination papers.	1225

Sec. 4732.09.  Each person who desires to practice psychology	1226
or school psychology shall file with the secretaryexecutive	1227
director of the state board of psychology a written application,	1228
under oath, on a form prescribed by the board.	1229

Sec. 4732.10.  (A) The state board of psychology shall	1230
appoint an entrance examiner who shall determine the sufficiency	1231
of an applicant's qualifications for admission to the appropriate	1232
examination. A member of the board or the executive director may	1233
be appointed as the entrance examiner.	1234

(B) Requirements for admission to examination for a	1235
psychologist license shall be that the applicant:	1236

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

1237

(2) Is of good moral character;

1238

(3) Is a citizen of the United States or has legally declared	1239
the intention of becoming such;	1240

(4) Meets one of the following requirements of division	1241
(B)(4)(a), (b), (c), or (d) of this section:	1242

(a) Received an earned doctoral degree from an institution	1243
accredited or recognized by a national or regional accrediting	1244
agency and a program accredited by any of the following:	1245

(i) The American psychological association, office of program	1246
consultation and accreditation;	1247

(ii) The accreditation office of the Canadian psychological	1248
association;	1249

(iii) A program listed by the association of state and	1250
provincial psychology boards/national register designation	1251
committee;	1252

(iv) The national association of school psychologists.

1253

(b) Received from an academic institution outside of the	1254
United States or Canada a degree determined, under rules adopted	1255
by the board under division (E) of this section, to be equivalent	1256
to a doctoral degree in psychology from a program described in	1257
division (B)(4)(3)(a) of this section;	1258

(c) Held a psychologist license, certificate, or registration	1259
required for practice in another United States or Canadian	1260
jurisdiction for a minimum of ten years and meets educational,	1261
experience, and professional requirements established under rules	1262
adopted by the board.	1263

(d) Enrolled, not later than sixty days after the effective	1264
date of this amendmentApril 7, 2009, in an educational	1265
institution accredited or recognized by national or regional	1266
accrediting agencies as maintaining satisfactory standards and not	1267
later than eight years after the effective date of this amendment	1268
April 7, 2009, received an earned doctoral degree in psychology,	1269
or school psychology, or a doctoral degree deemed equivalent by	1270
the board.	1271

(5)(4) Has had at least two years of supervised professional	1272
experience in psychological work of a type satisfactory to the	1273
board, at least one year of which must be a predoctoral	1274
internship. The	1275

The board shall adopt guidelines for the kind of supervised	1276
professional experience which fulfill thethis requirement of	1277
division (B)(5) of this section.	1278

(C) Requirements for admission to examination for a school	1279
psychologist license shall be that the applicant:	1280

(1) Has received from an educational institution accredited	1281
or recognized by national or regional accrediting agencies as	1282
maintaining satisfactory standards, including those approved by	1283
the state board of education for the training of school	1284
psychologists, at least a master's degree in school psychology, or	1285
a degree considered equivalent by the board;	1286

(2) Is at least twenty-one years of age;

1287

(3) Is of good moral character;

1288

(4) Is a citizen of the United States or has legally declared	1289
the intention of becoming such;	1290

(5) Has completed at least sixty quarter hours, or the	1291
semester hours equivalent, at the graduate level, of accredited	1292
study in course work relevant to the study of school psychology;	1293

(6)(5) Has completed an internship in an educational	1294
institution approved by the Ohio department of education for	1295
school psychology supervised experience or one year of other	1296
training experience acceptable to the board, such as supervised	1297
professional experience under the direction of a licensed	1298
psychologist or licensed school psychologist;	1299

(7)(6) Furnishes proof of at least twenty-seven months,	1300
exclusive of internship, of full-time experience as a certificated	1301
school psychologist employed by a board of education or a private	1302
school meeting the standards prescribed by the state board of	1303
education, or of experience which the board deems equivalent.	1304

(D) If the entrance examiner finds that the applicant meets	1305
the requirements set forth in this section, the applicant shall be	1306
admitted to the appropriate examination.	1307

(E) The board shall adopt under Chapter 119. of the Revised	1308
Code rules for determining for the purposes of division	1309
(B)(4)(3)(b) of this section whether a degree is equivalent to a	1310
degree in psychology from an institution in the United States.	1311

Sec. 4732.11. License examinations shall be conducted under	1312
rules prescribed by the state board of psychology.(A)(1) Each	1313
applicant shall be examined for knowledge in whatever theoretical	1314
or applied fields of psychology the board considers appropriate.	1315
The examination for the school psychologist license shall be	1316
prepared and administered by afor a license to practice as a	1317
psychologist shall be required to earn a score acceptable to the	1318
state board of psychology on an examination selected by the board.	1319
The applicant shall follow all necessary procedures and pay all	1320
necessary fees for the examination. An applicant who fails to earn	1321
a score acceptable to the board may be admitted to a subsequent	1322
examination no less than thirty days after the initial	1323
examination. After failing to earn a passing score three	1324
consecutive times, an applicant may not be admitted to the	1325
examination for a period of six months following the third	1326
examination attempt. An applicant who fails to achieve an	1327
acceptable score in nine attempts is not eligible for additional	1328
admissions to the examination, and the application shall be	1329
permanently closed.	1330

An applicant who achieves an acceptable score on the	1331
examination selected by the board as a candidate in another state	1332
or Canadian province before or after submitting an application to	1333
the board must cause the score to be submitted directly to the	1334
board's executive director.	1335

(2) The board may also require that an applicant for a	1336
license to practice as a psychologist earn a passing score on an	1337
examination that covers one or more of the following:	1338

(a) Chapter 4732. of the Revised Code;

1339

(b) Rules promulgated under Chapter 4732. of the Revised	1340
Code;	1341

(c) Related provisions of the Revised Code;

1342

(d) Professional ethical principles;

1343

(e) Professional standards of care.

1344

The examination may be administered orally or in writing in	1345
accordance with rules adopted by the board.	1346

(B)(1) Each applicant for a license to practice as a school	1347
psychologist licensed by the state board of psychology shall be	1348
required to earn a score acceptable to the board on an examination	1349
selected by the board. The applicant shall follow all necessary	1350
procedures and pay all necessary fees for the examination.	1351

(2) The board may also require that an applicant for a	1352
license to practice as a school psychologist licensed by the state	1353
board of psychology earn a passing score on an examination that	1354
covers one or more of the following:	1355

(a) Chapter 4732. of the Revised Code;

1356

(b) Rules promulgated under Chapter 4732. of the Revised	1357
Code;	1358

(c) Related provisions of the Revised Code;

1359

(d) Professional ethical principles;

1360

(e) Professional standards of care.

1361

The examination may be administered orally or in writing in	1362
accordance with rules adopted by the board.	1363

(C) The board may establish procedures designed to expose	1364
applicants to the subject matter of the examinations described in	1365
divisions (A)(2) and (B)(2) of this section.	1366

(D) The board shall appoint a school psychology licensing	1367
examination committee responsible to the board and consisting. The	1368
committee shall consist of five licensed school psychologists or	1369
licensed psychologistswhoshall be certificated school	1370
psychologistseach of whom holds either of the following:	1371

(1) A school psychologist license issued under this chapter;

1372

(2) A psychologist license issued under this chapter and a	1373
certificate or license issued by the state board of education.	1374

Committee members shall be appointed by the state board of	1375
psychology for staggered five-year terms, according to rules	1376
adopted by thethat board. The board may delegate to the committee	1377
authority to develop the examination described in division (B)(2)	1378
of this section and any procedures to be established under	1379
division (C) of this section.	1380

Examinations shall be given at least twice annually at such	1381
time and place and under such supervision as the board prescribes.	1382
Except as provided in section 4732.16 of the Revised Code, each	1383
applicant shall pay an application and license fee established by	1384
the board of not less than seventy-five nor more than one hundred	1385
fifty dollars, no part of which shall be returned. If an applicant	1386
fails an examination, he may be admitted, after no less than six	1387
months, to a subsequent examination upon payment of an additional	1388
fee as established by the board. After failing three examinations,	1389
a person is not eligible for licensure until he completes such	1390
additional training as the board prescribes.	1391

Sec. 4732.12. The state board of psychology shall grade	1392
examinations conducted under section 4732.11 of the Revised Code	1393
and uniformly apply such standards as it considers appropriate in	1394
determining the level of competence necessary for a passing score.	1395
The level of competence necessary for a passing score for the	1396
school psychologist examination shall be determined by the school	1397
psychology examining committee. If an applicant passesfor a	1398
license issued by the state board of psychology to practice as a	1399
psychologist or school psychologist receives a score acceptable to	1400
the board on the appropriate examination required by section	1401
4732.11 of the Revised Code and has paid the required fee required	1402
by section 4732.15 of the Revised Code, the board shall issue the	1403
appropriate license.	1404

Sec. 4732.13.  A license issued by the state board of	1405
psychology shall remain in effectactive until it expires pursuant	1406
to section 4732.14 of the Revised Code, or is suspended or,	1407
revoked, or placed in retired status. A current, validAn active	1408
psychologist license shall entitle the holder to practice	1409
psychology. A current, validAn active school psychologist license	1410
shall entitle the holder to practice school psychology.	1411

Sec. 4732.14. (A) On or before the thirty-first day of	1412
August of each even-numbered year, each person licensedwho holds	1413
an active license issued by the state board of psychology shall	1414
register with the board on a formin a format and manner	1415
prescribed by the board, giving the person's name, address,	1416
license number, the continuing education information required by	1417
section 4732.141 of the Revised Code, and such other reasonable	1418
information as the board requires, and. The person shall pay to	1419
the board secretary a biennial registration fee in an amount	1420
determined by the board, but not to exceed two, as follows:	1421

(1) From the effective date of this amendment through June	1422
30, 2014, three hundred seventy-fivefifty dollars in fiscal year	1423
2000 and;	1424

(2) From July 1, 2014, through June 30, 2018, three hundred	1425
fiftysixty dollars in each fiscal year thereafter;	1426

(3) July 1, 2018, and thereafter three hundred sixty-five	1427
dollars. A	1428

A person licensed for the first time on or before the	1429
thirty-firstthirtieth day of AugustSeptember of an even-numbered	1430
year shall next be required to register on or before the	1431
thirty-firstthirtieth day of AugustSeptember of the next	1432
even-numbered year.	1433

(B) Before the first day of August of each even-numbered	1434
year, the secretaryboard shall send a notice to each licensed	1435
psychologist and licensed school psychologistlicense holder,	1436
whether a resident or not, at the licensed psychologist's or	1437
licensed school psychologist'slicense holder's last known	1438
provided official mailing address, that the licensed	1439
psychologist's or licensed school psychologist'slicense holder's	1440
continuing education compliance must be completed on or before the	1441
last day of August and the biennial registration form and fee are	1442
due on or before the last day of AugustSeptember. Before the	1443
fifteenth day of September of such years, the secretary shall send	1444
a second notice to each such person who has not paid the	1445
registration fee or registered with the board as required by this	1446
section. A license of any licensed psychologist or licensed school	1447
psychologistlicense holder shall automatically be suspended	1448
expire if the biennial registration fee is not paid or the	1449
registration form is notany of the following are not received on	1450
or before the thirtieth day of September of a renewal year.	1451
Within:	1452

(1) The biennial registration fee;

1453

(2) The registration form;

1454

(3) A report of compliance with continuing education	1455
requirements.	1456

Within five years thereafter, the board may reinstate any	1457
expired license so suspended upon payment of the current	1458
registration fee and a penalty fee established by the board, not	1459
to exceed two hundred fifty dollars, as determined by the board,	1460
and receipt of the registration form completed by the registrant	1461
in accordance with this section and section 4732.141 of the	1462
Revised Code or in accordance with any modifications authorized by	1463
the board under division (F) of section 4732.141 of the Revised	1464
Code. The	1465

The board may by rule waive the payment of the registration	1466
fee and completion of the continuing psychology education required	1467
by section 4732.141 of the Revised Code by a licensed psychologist	1468
or licensed school psychologistlicense holder when the licensed	1469
psychologist or licensed school psychologistlicense holder is on	1470
active duty in the armed forces of the United States.	1471

An individual who has had a license placed on retired status	1472
under section 4732.142 of the Revised Code may seek reinstatement	1473
of the license in accordance with rules adopted by the board.	1474

(C) Each licensed psychologist and licensed school	1475
psychologistlicense holder shall notify the secretaryexecutive	1476
director of any change in the licensed psychologist's or licensed	1477
school psychologist'slicense holder's official mailing address,	1478
office address, or employment within ninetysixty days of such	1479
change.	1480

Sec. 4732.141.  (A)(1) On or before the thirty-first day of	1481
August of each even-numbered year beginning in 1998 and until the	1482
requirement set forth in division (A)(2) of this section applies,	1483
each person licensed under this chapter by the state board of	1484
psychology shall have completed, in the preceding two-year period,	1485
not less than twenty hours of continuing education in psychology	1486
or the number of hours determined under division (D) of this	1487
section.	1488

(2) OnExcept as provided in division (D) of this section, on	1489
or before the thirty-first day of August of each even-numbered	1490
year after the biennium in which this amendment takes effect, each	1491
person licensed under this chapterwho holds a license issued by	1492
the state board of psychology shall have completed, in the	1493
preceding two-year period, not less than twenty-three hours of	1494
continuing education in psychology, including not less than three	1495
four hours of continuing education in professional conduct and	1496
ethics, or the number of hours determined under division (D) of	1497
this sectionone or more of the following:	1498

(a) Professional conduct;

1499

(b) Ethics;

1500

(c) The role of culture, ethnic identity, or both in the	1501
provision of psychological assessment, consultation, or	1502
psychological interventions, or a combination thereof.	1503

(3)(2) Each person subject to division (A)(1) or (2) of this	1504
sectionlicense holder shall certify to the board, at the time of	1505
biennial registration pursuant to section 4732.14 of the Revised	1506
Code and on the registration form prescribed by the board under	1507
that section, that in the preceding two years the personlicense	1508
holder has completed continuing psychology education in compliance	1509
with this section. The board shall adopt rules establishing the	1510
procedure for a personlicense holder to certify to the board and	1511
for properly recording with the Ohio psychological association or	1512
the state board of educationOhio school psychologists association	1513
completion of the continuing education.	1514

(B) Continuing psychology education may be applied to meet	1515
the requirement of division (A) of this section if both of the	1516
following requirements are met:	1517

(1) It is obtained through a program or course approved by	1518
the state board of psychology, the Ohio psychological association,	1519
the Ohio association of black psychologists, or the American	1520
psychological association or, in the case of a licensed school	1521
psychologist who holds a license issued under this chapter or a	1522
licensed psychologist with a school psychology specialty, by the	1523
state board of education, the Ohio school psychologists	1524
association, or the national association of school psychologists;	1525

(2) Completion of the program or course is recorded with the	1526
Ohio psychological association or the state board of education	1527
Ohio school psychologists association in accordance with rules	1528
adopted by the state board of psychology in accordance with	1529
division (A) of this section.	1530

The state board of psychology may disapprove any program or	1531
course that has been approved by the Ohio psychological	1532
association, Ohio association of black psychologists, American	1533
psychological association, state board of education, Ohio school	1534
psychologists association, or national association of school	1535
psychologists. Such program or course may not be applied to meet	1536
the requirement of division (A) of this section.	1537

(C) Each person licensed under this chapterlicense holder	1538
shall be given a sufficient choice of continuing education	1539
programs or courses in psychology, including programs or courses	1540
on professional conduct and ethics when required under division	1541
(A)(2) of this section, to ensure that the personlicense holder	1542
has had a reasonable opportunity to participate in programs or	1543
courses that are relevant to the person'slicense holder's	1544
practice in terms of subject matter and level.	1545

(D) The board shall adopt rules providing for reductions of	1546
the hours of continuing psychology education required by this	1547
section for personslicense holders in their first registration	1548
period.	1549

(E) Each person licensed under this chapterlicense holder	1550
shall retain in the person'slicense holder's records for at least	1551
three years the receipts, vouchers, or certificates necessary to	1552
document completion of continuing psychology education. Proof of	1553
continuing psychology education recorded with the Ohio	1554
psychological association or the state board of educationOhio	1555
school psychologists association in accordance with the procedures	1556
established pursuant to division (A) of this section shall serve	1557
as sufficient documentation of completion. With cause, the board	1558
may request the documentation from the person. The board also may	1559
request the documentation from persons licensed under this chapter	1560
selected at random, without causelicense holder. The board may	1561
review any continuing psychology education records recorded by the	1562
Ohio psychological association or the state board of education	1563
Ohio school psychologists association.	1564

(F) The board may excuse persons licensed under this chapter	1565
license holders, as a group or as individuals, from all or any	1566
part of the requirements of this section because of an unusual	1567
circumstance, emergency, or special hardship.	1568

(G) The state board of psychology shall approve one or more	1569
continuing education courses of study that assist psychologists	1570
and school psychologists in recognizing the signs of domestic	1571
violence and its relationship to child abuse. Psychologists and	1572
school psychologists are not required to take the courses.	1573

(H) The board may require a license holder to evidence	1574
completion of specific continuing education coursework as part of	1575
the process of registering or continuing to register a person	1576
working under the license holder's supervision under division (B)	1577
of section 4732.22 of the Revised Code and conducting	1578
psychological or psychological work or training supervision.	1579
Procedures for the completion, verification, and documentation of	1580
such continuing education shall be specified in rules adopted by	1581
the board. A license holder completing this continuing education	1582
may receive credit toward the four-hour requirement in division	1583
(A)(1) of this section during the next continuing education period	1584
following the completion of this continuing education.	1585

Sec. 4732.142.  (A) The holder of a license issued under this	1586
chapter who retires from the practice of psychology or school	1587
psychology may request during the biennial license registration	1588
process that the license holder's license be placed in "licensed	1589
psychologist-retired" or "licensed school psychologist-retired"	1590
status. Once the license is placed in retired status, the license	1591
holder shall not practice psychology or school psychology in this	1592
state. A license holder selecting this status shall pay to the	1593
state board of psychology a fee of fifty dollars.	1594

(B) Procedures for reinstating a retired license shall be	1595
established in rules adopted by the board.	1596

Sec. 4732.16.        Sec. 4732.15.  Each applicant under section 4732.15	1597
of the Revised Codefor a license to be issued under this chapter	1598
shall pay a fee established by the state board of psychology of	1599
not less than seventy-five nor more than oneof three hundred	1600
fifty dollars, no part of which shall be returned. An applicant	1601
who is denied licensure under section 4732.15 of the Revised Code	1602
may apply for licensure under section 4732.10 of the Revised Code	1603
within one year from the date of the denial and upon payment of a	1604
fee not to exceed twenty-five dollars.	1605

Sec. 4732.151.  The state board of psychology shall charge a	1606
fee of forty dollars to a license holder for the written	1607
verification of licensure status, including verification of the	1608
date of licensure, the presence or absence of a history of	1609
disciplinary action, and the expiration date of the license.	1610

Sec. 4732.16.  (A) The state board of psychology shall	1611
investigate alleged violations of this chapter or the rules	1612
adopted under it. Each investigation shall be assigned by the	1613
executive director or designated investigator to one of the	1614
members of the board who shall serve as the supervising member of	1615
the investigation.	1616

As part of its conduct of investigations, the board may	1617
examine witnesses, administer oaths, and issue subpoenas, except	1618
that the board may not compel the attendance of the respondent in	1619
an investigation. A subpoena for patient record information may be	1620
issued only if the supervising member, executive director,	1621
secretary, and an attorney from the office of the attorney general	1622
determine that there is probable cause to believe that the	1623
complaint alleges a violation of this chapter and that the records	1624
sought are relevant to the alleged violation and material to the	1625
investigation. No member of the board who supervises the	1626
investigation or approves the issuance of a subpoena for patient	1627
records shall participate in further adjudication of the case. The	1628
subpoena may apply only to records that cover a reasonable period	1629
of time surrounding the alleged violation. On failure of a person	1630
to comply with a subpoena issued by the board and after reasonable	1631
notice to that person, the board may move for an order compelling	1632
the production of records or persons pursuant to the Rules of	1633
Civil Procedure.	1634

A subpoena issued by the board may be served by a sheriff,	1635
the sheriff's deputy, or a board employee designated by the board.	1636
Service of a subpoena issued by the board may be made by	1637
delivering a copy of the subpoena to the person named in the	1638
subpoena, reading it to the person, or leaving it at the person's	1639
usual place of residence. When the person being served is a person	1640
whose practice is authorized by this chapter, service of the	1641
subpoena may be made by certified mail, return receipt requested,	1642
and the subpoena shall be deemed served on the date delivery is	1643
made or the date the person refuses to accept delivery.	1644

A sheriff's deputy who serves a subpoena shall receive the	1645
same fees as a sheriff. Each witness who appears before the board	1646
in obedience to a subpoena shall receive the fees and mileage	1647
provided for witnesses under section 119.094 of the Revised Code.	1648

(B)(1) The board shall conduct all investigations and	1649
proceedings in a manner that protects the confidentiality of	1650
patients and persons who file complaints with the board. The board	1651
shall not make public the names or any other identifying	1652
information about patients or complainants unless proper consent	1653
is given or, in the case of a patient, the patient privilege has	1654
been waived by the patient. Information received by the board	1655
pursuant to an investigation is confidential and not subject to	1656
discovery in any civil action.	1657

(2) The board may share any information it receives pursuant	1658
to an investigation, including patient records and patient record	1659
information, with law enforcement agencies, other licensing	1660
boards, and other government agencies that are prosecuting,	1661
adjudicating, or investigating alleged violations of statutes or	1662
administrative rules. An agency or board that receives the	1663
information shall comply with the same requirements regarding	1664
confidentiality as the board must comply with under division	1665
(B)(1) of this section, notwithstanding any conflicting provision	1666
of the Revised Code or procedure of the agency or board that	1667
applies when it is dealing with other information in its	1668
possession.	1669

(3) In a judicial proceeding, any information the board	1670
receives pursuant to an investigation may be admitted into	1671
evidence only in accordance with the Ohio Rules of Evidence, but	1672
the court shall require that appropriate measures be taken to	1673
ensure that confidentiality is maintained with respect to any part	1674
of the information that contains names or other identifying	1675
information about patients or complainants whose confidentiality	1676
was protected by the board when the information was in the board's	1677
possession. Measures to ensure confidentiality that may be taken	1678
by the court include sealing its records or deleting specific	1679
information from its records.	1680

Sec. 4732.17.  (A) TheSubject to division (F) of this	1681
section, the state board of psychology may refuse to issue a	1682
license to any applicant, may issue a reprimand, or suspend or	1683
revoke the license of any licensed psychologist or licensed school	1684
psychologist,take any of the actions specified in division (C) of	1685
this section against an applicant for or a person who holds a	1686
license issued under this chapter on any of the following grounds	1687
as applicable:	1688

(1) Conviction, including a plea of guilty or no contest, of	1689
a felony, or of any offense involving moral turpitude, in a court	1690
of this or any other state or in a federal court;	1691

(2) A judicial finding of eligibility for intervention in	1692
lieu of conviction for a felony or any offense involving moral	1693
turpitude in a court of this or any other state or in a federal	1694
court;	1695

(3) Using fraud or deceit in the procurement of the license	1696
to practice psychology or school psychology or knowingly assisting	1697
another in the procurement of such a license through fraud or	1698
deceit;	1699

(3)(4) Accepting commissions or rebates or other forms of	1700
remuneration for referring persons to other professionals;	1701

(4)(5) Willful, unauthorized communication of information	1702
received in professional confidence;	1703

(5)(6) Being negligent in the practice of psychology or	1704
school psychology;	1705

(6) Using any controlled substance or alcoholic beverage to	1706
an extent that such use impairs the person's ability to perform	1707
the work of a psychologist or school psychologist with safety to	1708
the public(7) Inability to practice according to acceptable and	1709
prevailing standards of care by reason of a mental, emotional,	1710
physiological, or pharmacological condition or substance abuse;	1711

(7)(8) Subject to section 4732.28 of the Revised Code,	1712
violating any rule of professional conduct promulgated by the	1713
board;	1714

(8)(9) Practicing in an area of psychology for which the	1715
person is clearly untrained or incompetent;	1716

(9)(10) An adjudication by a court, as provided in section	1717
5122.301 of the Revised Code, that the person is incompetent for	1718
the purpose of holding the license. Such person may have the	1719
person's license issued or restored only upon determination by a	1720
court that the person is competent for the purpose of holding the	1721
license and upon the decision by the board that such license be	1722
issued or restored. The board may require an examination prior to	1723
such issuance or restoration.	1724

(10)(11) Waiving the payment of all or any part of a	1725
deductible or copayment that a patient, pursuant to a health	1726
insurance or health care policy, contract, or plan that covers	1727
psychological services, would otherwise be required to pay if the	1728
waiver is used as an enticement to a patient or group of patients	1729
to receive health care services from that provider;	1730

(11)(12) Advertising that the person will waive the payment	1731
of all or any part of a deductible or copayment that a patient,	1732
pursuant to a health insurance or health care policy, contract, or	1733
plan that covers psychological services, would otherwise be	1734
required to pay;	1735

(12)(13) Any of the following actions taken by the agency	1736
responsible for authorizing or certifying the person to practice	1737
or regulating the person's practice of a health care occupation or	1738
provision of health care services in this state or another	1739
jurisdiction, as evidenced by a certified copy of that agency's	1740
records and findings for any reason other than the nonpayment of	1741
fees:	1742

(a) Limitation, revocation, or suspension of the person's	1743
license to practice;	1744

(b) Acceptance of the person's license surrender;

1745

(c) Denial of a license to the person;

1746

(d) Refuse to renew or reinstate the person's license;

1747

(e) Imposition of probation on the person;

1748

(f) Issuance of an order of censure or other reprimand	1749
against the person;	1750

(g) Other negative action or finding against the person about	1751
which information is available to the public.	1752

(14) Offering or rendering psychological services after a	1753
license issued under this chapter has expired due to a failure to	1754
timely register under section 4732.14 of the Revised Code or	1755
complete continuing education requirements;	1756

(15) Offering or rendering psychological services after a	1757
license issued under this chapter has been placed in retired	1758
status pursuant to section 4732.142 of the Revised Code;	1759

(16) Unless the person is a school psychologist licensed by	1760
the state board of education:	1761

(a) Offering or rendering school psychological services after	1762
a license issued under this chapter has expired due to a failure	1763
to timely register under section 4732.14 of the Revised Code or	1764
complete continuing education requirements;	1765

(b) Offering or rendering school psychological services after	1766
a license issued under this chapter has been placed in retired	1767
status pursuant to section 4732.142 of the Revised Code.	1768

(17) Violating any adjudication order or consent agreement	1769
adopted by the board;	1770

(18) Failure to submit to mental, cognitive, substance abuse,	1771
or medical evaluations, or a combination of these evaluations,	1772
ordered by the board under division (E) of this section.	1773

(B) Notwithstanding divisiondivisions (A)(10)(11) and	1774
(11)(12) of this section, sanctions shall not be imposed against	1775
any licenseelicense holder who waives deductibles and	1776
copayments:	1777

(a)(1) In compliance with the health benefit plan that	1778
expressly allows such a practice. Waiver of the deductibles or	1779
copays shall be made only with the full knowledge and consent of	1780
the plan purchaser, payer, and third-party administrator. Such	1781
consent shall be made available to the board upon request.	1782

(b)(2) For professional services rendered to any other person	1783
licensed pursuant to this chapter to the extent allowed by this	1784
chapter and the rules of the board.	1785

(C) For any of the reasons specified in division (A) of this	1786
section, the board may do one or more of the following:	1787

(1) Refuse to issue a license to an applicant;

1788

(2) Issue a reprimand to a license holder;

1789

(3) Suspend the license of a license holder;

1790

(4) Revoke the license of a license holder;

1791

(5) Limit or restrict the areas of practice of an applicant	1792
or a license holder;	1793

(6) Require mental, substance abuse, or physical evaluations,	1794
or any combination of these evaluations, of an applicant or a	1795
license holder;	1796

(7) Require remedial education and training of an applicant	1797
or a license holder.	1798

(D) When it revokes the license of a license holder under	1799
division (C)(4) of this section, the board may specify that the	1800
revocation is permanent. An individual subject to permanent	1801
revocation is forever thereafter ineligible to hold a license, and	1802
the board shall not accept an application for reinstatement of the	1803
license or issuance of a new license.	1804

(E) When the board issues a notice of opportunity for a	1805
hearing on the basis of division (A)(7) of this section, the	1806
supervising member of the board, with cause and upon consultation	1807
with the board's executive director and the board's legal counsel,	1808
may compel the applicant or license holder to submit to mental,	1809
cognitive, substance abuse, or medical evaluations, or a	1810
combination of these evaluations, by a person or persons selected	1811
by the board. Notice shall be given to the applicant or license	1812
holder in writing signed by the supervising member, the executive	1813
director, and the board's legal counsel. The applicant or license	1814
holder is deemed to have given consent to submit to these	1815
evaluations and to have waived all objections to the admissibility	1816
of testimony or evaluation reports that constitute a privileged	1817
communication. The expense of the evaluation or evaluations shall	1818
be the responsibility of the applicant or license holder who is	1819
evaluated.	1820

(B) Except as provided in section 4732.171 of the Revised	1821
Code, before(F) Before the board may deny, suspend, or revoke a	1822
licensetake action under this section, or otherwise discipline	1823
the holder of a license, written charges shall be filed with the	1824
board by the secretary and a hearing shall be had thereon in	1825
accordance with Chapter 119. of the Revised Code, except as	1826
follows:	1827

(1) On receipt of a complaint that any of the grounds listed	1828
in division (A) of this section exist, the state board of	1829
psychology may suspend a license issued under this chapter prior	1830
to holding a hearing in accordance with Chapter 119. of the	1831
Revised Code if it determines, based on the complaint, that there	1832
is an immediate threat to the public. A telephone conference call	1833
may be used to conduct an emergency meeting for review of the	1834
matter by a quorum of the board, taking the vote, and	1835
memorializing the action in the minutes of the meeting.	1836

After suspending a license pursuant to division (F)(1) of	1837
this section, the board shall notify the license holder of the	1838
suspension in accordance with section 119.07 of the Revised Code.	1839
If the individual whose license is suspended fails to make a	1840
timely request for an adjudication under Chapter 119. of the	1841
Revised Code, the board shall enter a final order permanently	1842
revoking the license.	1843

(2) The board shall adopt rules establishing a case	1844
management schedule for pre-hearing procedures by the hearing	1845
examiner or presiding board member. The schedule shall include	1846
applicable deadlines related to the hearing process, including all	1847
of the following:	1848

(a) The date of the hearing;

1849

(b) The date for the disclosure of witnesses and exhibits;

1850

(c) The date for the disclosure of the identity of expert	1851
witnesses and the exchange of written reports;	1852

(d) The deadline for submitting a request for the issuance of	1853
a subpoena for the hearing as provided under Chapter 119. of the	1854
Revised Code and division (F)(4) of this section.	1855

(3) Either party to the hearing may submit a written request	1856
to the other party for a list of witnesses and copies of documents	1857
intended to be introduced at the hearing. The request shall be in	1858
writing and shall be served not less than thirty-seven days prior	1859
to the hearing, unless the hearing officer or presiding board	1860
member grants an extension of time to make the request. Not later	1861
than thirty days before the hearing, the responding party shall	1862
provide the requested list of witnesses, summary of their	1863
testimony, and copies of documents to the requesting party, unless	1864
the hearing officer or presiding board member grants an extension.	1865
Failure to timely provide a list or copies requested in accordance	1866
with this section may, at the discretion of the hearing officer or	1867
presiding board member, result in exclusion from the hearing of	1868
the witnesses, testimony, or documents.	1869

(4) In addition to subpoenas for the production of books,	1870
records, and papers requested under Chapter 119. of the Revised	1871
Code, either party may ask the board to issue a subpoena for the	1872
production of other tangible items.	1873

The person subject to a subpoena for the production of books,	1874
records, papers, or other tangible items shall respond to the	1875
subpoena at least twenty days prior to the date of the hearing. If	1876
a person fails to respond to a subpoena issued by the board, after	1877
providing reasonable notice to the person, the board, the hearing	1878
officer, or both may proceed with enforcement of the subpoena	1879
pursuant to section 119.09 of the Revised Code.	1880

Sec. 4732.172.        Sec. 4732.171.  (A) Except as provided in division	1881
(B) of this section, if, at the conclusion of a hearing required	1882
by section 4732.17 of the Revised Code, the state board of	1883
psychology determines that a licensed psychologist or licensed	1884
school psychologist licensed by the state board of psychology has	1885
engaged in sexual conduct or had sexual contact with the licensed	1886
psychologist's or licensed school psychologist'slicense holder's	1887
patient or client in violation of any prohibition contained in	1888
Chapter 2907. of the Revised Code, the board shall do one of the	1889
following:	1890

(1) Suspend the licensed psychologist's or licensed school	1891
psychologist'slicense holder's license;	1892

(2) Permanently revoke the licensed psychologist's or	1893
licensed school psychologist'slicense holder's license.	1894

(B) If it determines at the conclusion of the hearing that	1895
neither of the sanctions described in division (A) of this section	1896
is appropriate, the board shall impose another sanction it	1897
considers appropriate and issue a written finding setting forth	1898
the reasons for the sanction imposed and the reason that neither	1899
of the sanctions described in division (A) of this section is	1900
appropriate.	1901

Sec. 4732.173.        Sec. 4732.172.  Any finding made, and the record of	1902
any sanction imposed, by the state board of psychology under	1903
section 4732.17,or 4732.171, or 4732.172 of the Revised Code is a	1904
public record under section 149.43 of the Revised Code.	1905

Sec. 4732.173.  (A) The state board of psychology may approve	1906
or establish a colleague assistance program for the purpose of	1907
affording holders of licenses issued under this chapter, license	1908
applicants, and persons subject to discipline pursuant to division	1909
(B) of section 4731.22 of the Revised Code access to all of the	1910
following:	1911

(1) Resources concerning the prevention of distress;

1912

(2) Evaluation and intervention services concerning mental,	1913
emotional, substance use, and other conditions that may impair	1914
competence, objectivity, and judgment in the provision of	1915
psychological or school psychological services;	1916

(3) Consultation and mentoring services for practice	1917
oversight and remediation of professional skill deficits.	1918

The board may compel a license holder, applicant, or	1919
registered person to participate in the program in conjunction	1920
with the board's actions under section 4732.17 of the Revised	1921
Code.	1922

(B) If a program is approved or established, the board shall	1923
adopt rules specifying the circumstances under which self-referred	1924
participants may receive confidential services from the program.	1925

Sec. 4732.18.  At any time after the suspension or revocation	1926
of a license, the state board of psychology may restore the	1927
license upon the written finding by the board that circumstances	1928
so warrant. TheAt the time it restores a license, the board may	1929
impose restrictions and limitations on the practice of the license	1930
holder.	1931

The board may require a person seeking restoration of a	1932
license to submit to mental, substance abuse, cognitive, or	1933
physical evaluations, or a combination of these evaluations.	1934
Evaluations shall be conducted by qualified individuals selected	1935
by the board. The costs of any evaluative processes shall be paid	1936
by the applicant for restoration. A person requesting restoration	1937
of a license is deemed to have given consent to submit to a mental	1938
or physical examination when directed to do so in writing by the	1939
board and to have waived all objections to the admissibility of	1940
testimony or examination reports that constitute a privileged	1941
communication.	1942

As a further condition of license restoration, the board may	1943
require an examination of the applicant before such restoration	1944
to do both of the following:	1945

(A) Take the examination selected by the board under section	1946
4732.11 of the Revised Code and receive a score acceptable to the	1947
board;	1948

(B) Participate in board processes designed to expose the	1949
applicant to Chapter 4732. of the Revised Code and rules	1950
promulgated thereunder, which may include passing a written or	1951
oral examination on the Ohio laws and rules governing	1952
psychologists and school psychologists.	1953

Sec. 4732.21. (A) On and after December 1, 1972, noExcept	1954
as provided in section 4732.22 of the Revised Code:	1955

(A) No person who is not a licensed psychologist shall offer	1956
or render services as a psychologist or otherwise engage in the	1957
practice of psychology for a compensation or other personal gain.	1958

(B) On and after December 1, 1972, noNo person who is not a	1959
licensed psychologist or, a school psychologist licensed by the	1960
state board of psychology, or a school psychologist licensed by	1961
the state board of education shall offer or render services as a	1962
school psychologist or otherwise engage in the practice of school	1963
psychology for a compensation or other personal gain.	1964

Sec. 4732.22. (A) The following persons are exempted from	1965
the licensing requirements of this chapter:	1966

(A)(1) A certificatedperson who holds a license or	1967
certificate issued by the state board of education authorizing the	1968
practice of school psychologistpsychology, while practicing	1969
school psychology within the scope of his employment by a board of	1970
education or by a private school meeting the standards prescribed	1971
by the state board of education under division (D) of section	1972
3301.07 of the Revised Code, or while acting as a school	1973
psychologist within the scope of his employment in a program for	1974
trainable mentally retarded children with disabilities established	1975
under Chapter 3323. or 5126. of the Revised Code. A person	1976
exempted under this division shall not offer psychological	1977
services to any other individual, organization, or group for	1978
remuneration, monetary or otherwise, unless hethe person is	1979
licensed by the state board of psychology.	1980

(B)(2) Any nonresident temporarily employed in this state to	1981
render psychological services for not more than thirty days a	1982
year, who, in the opinion of the board, meets the standards for	1983
entrance in division (B) of section 4732.10 of the Revised Code,	1984
who has paid the required fee and submitted an application	1985
prescribed by the board, and who holds whatever license or	1986
certificate, if any, is required for such practice in histhe	1987
person's home state or home country.	1988

(C)(3) Any person employed byworking under the supervision	1989
of a licensed psychologist or licensed school psychologist	1990
licensed under this chapter, while carrying out specific tasks,	1991
under the licensee'slicense holder's supervision, as an extension	1992
of the licensee'slicense holder's legal and ethical authority as	1993
specified under this chapter if the person is registered under	1994
division (B) of this section. All fees shall be billed under the	1995
name of the licensee, and the employeelicense holder. The person	1996
working under the license holder's supervision shall not represent	1997
himselfself to the public as a psychologist or school	1998
psychologist, although supervised persons and persons in training	1999
may be ascribed such titles as "psychology trainee," "psychology	2000
assistant," "psychology intern," or other appropriate term that	2001
clearly implies their supervised or training status.	2002

(D) Unlicensed persons holding a master's degree or doctoral	2003
degree in psychology from a program approved by the board while	2004
working under the supervision of a licensed psychologist. The	2005
board shall establish rules governing such supervisory	2006
relationship which shall include a regulation requiring	2007
registration with the board of such unlicensed person.	2008

(E)(4) Any student in an accredited educational institution,	2009
while carrying out activities that are part of histhe student's	2010
prescribed course of study, provided such activities are	2011
supervised by a professional person who is qualified to perform	2012
such activities and is licensed under this chapter or is exempted	2013
under division (F) or (G) of this section or division (B) or (D)	2014
of section 4732.23 of the Revised Code. Such student shall hold	2015
himself out to the public only by clearly indicating his student	2016
status and the profession in which he is being trained.	2017

(F) Duly ordained ministers while functioning in their	2018
ministerial capacity;	2019

(G) Qualified social workers while functioning in their	2020
capacity as social workersa qualified supervisor pursuant to	2021
rules of the board;	2022

(5) Recognized religious officials, including ministers,	2023
priests, rabbis, imams, Christian science practitioners, and other	2024
persons recognized by the board, conducting counseling when the	2025
counseling activities are within the scope of the performance of	2026
their regular duties and are performed under the auspices or	2027
sponsorship of an established and legally cognizable religious	2028
denomination or sect, as defined in current federal tax	2029
regulations, and when the religious official does not refer to the	2030
official's self as a psychologist and remains accountable to the	2031
established authority of the religious denomination or sect;	2032

(6) Persons in the employ of the federal government insofar	2033
as their activities are a part of the duties of their positions;	2034

(7) Persons licensed, certified, or registered under any	2035
other provision of the Revised Code who are practicing those arts	2036
and utilizing psychological procedures that are allowed and within	2037
the standards and ethics of their profession or within new areas	2038
of practice that represent appropriate extensions of their	2039
profession, provided that they do not hold themselves out to the	2040
public by the title of psychologist;	2041

(8) Persons using the term "social psychologist,"	2042
"experimental psychologist," "developmental psychologist,"	2043
"research psychologist," "cognitive psychologist," and other terms	2044
used by those in academic and research settings who possess a	2045
doctoral degree in psychology from an educational institution	2046
accredited or recognized by national or regional accrediting	2047
agencies as maintaining satisfactory standards and who do not use	2048
such a term in the solicitation or rendering of professional	2049
psychological services.	2050

(B) The license holder who is supervising a person described	2051
in division (A)(3) of this section shall register the person with	2052
the board. The board shall adopt rules regarding the registration	2053
process and the supervisory relationship.	2054

Sec. 4732.221.  A nonresident applicant seeking a review of	2055
qualifications and permission of the state board of psychology to	2056
practice psychology in Ohio for no more than thirty days per year	2057
under division (A)(2) of section 4732.22 of the Revised Code shall	2058
pay a fee established by the board of not less than seventy-five	2059
dollars and not more than one hundred fifty dollars, no part of	2060
which shall be returned. The board may adopt rules for the purpose	2061
of recognizing a nonresident's interjurisdictional practice	2062
credentials granted by the association of state and provincial	2063
psychology boards and other relevant professional organizations.	2064

Sec. 4732.31.  (A) The state board of psychology shall	2065
provide access to the following information through the internet:	2066

(1) The names of all licensed psychologists and licensedall	2067
school psychologists licensed by the state board of psychology;	2068

(2) The names of all licensed psychologists and licensedall	2069
school psychologists licensed by the state board of psychology who	2070
have been reprimanded by the board for misconduct, the names of	2071
all licensed psychologists or school psychologists who have	2072
current licenses butlicensed by the state board of psychology	2073
whose licenses are under an active suspension imposed for	2074
misconduct, the names of all former licensed psychologists and	2075
licensed school psychologists licensed by the state board of	2076
psychology whose licenses have been suspended or revoked for	2077
misconduct, and the reason for each reprimand, suspension, or	2078
revocation;	2079

(3) Written findings made under division (B) of section	2080
4732.1724732.171 of the Revised Code.	2081

(B) Division (A)(2) of this section does not apply to a	2082
suspension of the license of a psychologist or school psychologist	2083
that is an automatic suspension imposed under section 4732.14 of	2084
the Revised Code.	2085

Sec. 4732.33.  The state board of psychology shall adopt	2086
rules governing the use of telepsychology for the purpose of	2087
protecting the welfare of recipients of telepsychology services	2088
and establishing requirements for the responsible use of	2089
telepsychology in the practice of psychology and school	2090
psychology, including supervision of persons registered with the	2091
state board of psychology as described in division (B) of section	2092
4732.22 of the Revised Code.	2093

Sec. 4755.13. (A) Nothing in sections 4755.04 to 4755.13 of	2094
the Revised Code shall be construed to prevent or restrict the	2095
practice, services, or activities of the following:	2096

(1)(A) Any person who does not claim to the public by any	2097
title, initials, or description of services as being engaged in	2098
the practice of occupational therapy, who is:	2099

(a)(1) A physician licensed under Chapter 4731. of the	2100
Revised Code, or anyone employed or supervised by a licensed	2101
physician in the delivery of treatment or services;	2102

(b)(2) A person licensed, certified, or registered under	2103
sections 4755.40 to 4755.56 of the Revised Code or under any other	2104
chapter of the Revised Code who is practicing within the standards	2105
and ethics of practice that represent appropriate extensions of	2106
the person's profession;	2107

(c)(3) A qualified member of any other profession who is	2108
practicing within the standards and ethics of the member's	2109
profession.	2110

(2)(B) Any person employed as an occupational therapist or	2111
occupational therapy assistant by the government of the United	2112
States, if the person provides occupational therapy solely under	2113
the direction or control of the organization by which the person	2114
is employed;	2115

(3)(C) Any person pursuing a course of study leading to a	2116
degree or certificate in occupational therapy in an accredited or	2117
approved educational program if the activities and services	2118
constitute a part of a supervised course of study, if the person	2119
is designated by a title that clearly indicates the person's	2120
status as a student or trainee;	2121

(4)(D) Any person fulfilling the supervised field work	2122
experience requirements of section 4755.07 of the Revised Code, if	2123
the activities and services constitute a part of the experience	2124
necessary to meet those requirements.	2125

(B) Nothing in sections 4755.04 to 4755.13 of the Revised	2126
Code authorizes any person to use psychological procedures defined	2127
by the state board of psychology under division (C) of section	2128
4732.23 of the Revised Code as a serious hazard to mental health	2129
and to require professional expertise in psychology.	2130

Sec. 4757.42.  Except as otherwise expressly provided in this	2131
chapter, nothing in this chapter shall be construed as authorizing	2132
any person to engage in the practice of psychology as defined in	2133
division (B) of section 4732.01 of the Revised Code. This section	2134
shall not be construed as contravening section 4732.23 of the	2135
Revised Code.	2136

Sec. 5120.55.  (A) As used in this section, "licensed health	2137
professional" means any or all of the following:	2138

(1) A dentist who holds a current, valid license issued under	2139
Chapter 4715. of the Revised Code to practice dentistry;	2140

(2) A licensed practical nurse who holds a current, valid	2141
license issued under Chapter 4723. of the Revised Code that	2142
authorizes the practice of nursing as a licensed practical nurse;	2143

(3) An optometrist who holds a current, valid certificate of	2144
licensure issued under Chapter 4725. of the Revised Code that	2145
authorizes the holder to engage in the practice of optometry;	2146

(4) A physician who is authorized under Chapter 4731. of the	2147
Revised Code to practice medicine and surgery, osteopathic	2148
medicine and surgery, or podiatric medicine and surgery;	2149

(5) A psychologist who holds a current, valid license issued	2150
under Chapter 4732. of the Revised Code that authorizes the	2151
practice of psychology as a licensed psychologist;	2152

(6) A registered nurse who holds a current, valid license	2153
issued under Chapter 4723. of the Revised Code that authorizes the	2154
practice of nursing as a registered nurse, including such a nurse	2155
who is also authorized to practice as an advanced practice	2156
registered nurse as defined in section 4723.01 of the Revised	2157
Code.	2158

(B)(1) The department of rehabilitation and correction may	2159
establish a recruitment program under which the department, by	2160
means of a contract entered into under division (C) of this	2161
section, agrees to repay all or part of the principal and interest	2162
of a government or other educational loan incurred by a licensed	2163
health professional who agrees to provide services to inmates of	2164
correctional institutions under the department's administration.	2165

(2)(a) For a physician to be eligible to participate in the	2166
program, the physician must have attended a school that was,	2167
during the time of attendance, a medical school or osteopathic	2168
medical school in this country accredited by the liaison committee	2169
on medical education or the American osteopathic association, a	2170
college of podiatry in this country recognized as being in good	2171
standing under section 4731.53 of the Revised Code, or a medical	2172
school, osteopathic medical school, or college of podiatry located	2173
outside this country that was acknowledged by the world health	2174
organization and verified by a member state of that organization	2175
as operating within that state's jurisdiction.	2176

(b) For a nurse to be eligible to participate in the program,	2177
the nurse must have attended a school that was, during the time of	2178
attendance, a nursing school in this country accredited by the	2179
commission on collegiate nursing education or the national league	2180
for nursing accrediting commission or a nursing school located	2181
outside this country that was acknowledged by the world health	2182
organization and verified by a member state of that organization	2183
as operating within that state's jurisdiction.	2184

(c) For a dentist to be eligible to participate in the	2185
program, the dentist must have attended a school that was, during	2186
the time of attendance, a dental college that enabled the dentist	2187
to meet the requirements specified in section 4715.10 of the	2188
Revised Code to be granted a license to practice dentistry.	2189

(d) For an optometrist to be eligible to participate in the	2190
program, the optometrist must have attended a school of optometry	2191
that was, during the time of attendance, approved by the state	2192
board of optometry.	2193

(e) For a psychologist to be eligible to participate in the	2194
program, the psychologist must have attended an educational	2195
institution that, during the time of attendance, maintained a	2196
specific degree program recognized by the state board of	2197
psychology as acceptable for fulfilling the requirement of	2198
division (B)(4)(3) of section 4732.10 of the Revised Code.	2199

(C) The department shall enter into a contract with each	2200
licensed health professional it recruits under this section. Each	2201
contract shall include at least the following terms:	2202

(1) The licensed health professional agrees to provide a	2203
specified scope of medical, osteopathic medical, podiatric,	2204
optometric, psychological, nursing, or dental services to inmates	2205
of one or more specified state correctional institutions for a	2206
specified number of hours per week for a specified number of	2207
years.	2208

(2) The department agrees to repay all or a specified portion	2209
of the principal and interest of a government or other educational	2210
loan taken by the licensed health professional for the following	2211
expenses to attend, for up to a maximum of four years, a school	2212
that qualifies the licensed health professional to participate in	2213
the program:	2214

(a) Tuition;

2215

(b) Other educational expenses for specific purposes,	2216
including fees, books, and laboratory expenses, in amounts	2217
determined to be reasonable in accordance with rules adopted under	2218
division (D) of this section;	2219

(c) Room and board, in an amount determined to be reasonable	2220
in accordance with rules adopted under division (D) of this	2221
section.	2222

(3) The licensed health professional agrees to pay the	2223
department a specified amount, which shall be no less than the	2224
amount already paid by the department pursuant to its agreement,	2225
as damages if the licensed health professional fails to complete	2226
the service obligation agreed to or fails to comply with other	2227
specified terms of the contract. The contract may vary the amount	2228
of damages based on the portion of the service obligation that	2229
remains uncompleted.	2230

(4) Other terms agreed upon by the parties.

2231

The licensed health professional's lending institution or the	2232
Ohio board of regents, may be a party to the contract. The	2233
contract may include an assignment to the department of the	2234
licensed health professional's duty to repay the principal and	2235
interest of the loan.	2236

(D) If the department elects to implement the recruitment	2237
program, it shall adopt rules in accordance with Chapter 119. of	2238
the Revised Code that establish all of the following:	2239

(1) Criteria for designating institutions for which licensed	2240
health professionals will be recruited;	2241

(2) Criteria for selecting licensed health professionals for	2242
participation in the program;	2243

(3) Criteria for determining the portion of a loan which the	2244
department will agree to repay;	2245

(4) Criteria for determining reasonable amounts of the	2246
expenses described in divisions (C)(2)(b) and (c) of this section;	2247

(5) Procedures for monitoring compliance by a licensed health	2248
professional with the terms of the contract the licensed health	2249
professional enters into under this section;	2250

(6) Any other criteria or procedures necessary to implement	2251
the program.	2252

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	2253
the Revised Code:	2254

(A) "Mental illness" means a substantial disorder of thought,	2255
mood, perception, orientation, or memory that grossly impairs	2256
judgment, behavior, capacity to recognize reality, or ability to	2257
meet the ordinary demands of life.	2258

(B) "Mentally ill person subject to hospitalization by court	2259
order" means a mentally ill person who, because of the person's	2260
illness:	2261

(1) Represents a substantial risk of physical harm to self as	2262
manifested by evidence of threats of, or attempts at, suicide or	2263
serious self-inflicted bodily harm;	2264

(2) Represents a substantial risk of physical harm to others	2265
as manifested by evidence of recent homicidal or other violent	2266
behavior, evidence of recent threats that place another in	2267
reasonable fear of violent behavior and serious physical harm, or	2268
other evidence of present dangerousness;	2269

(3) Represents a substantial and immediate risk of serious	2270
physical impairment or injury to self as manifested by evidence	2271
that the person is unable to provide for and is not providing for	2272
the person's basic physical needs because of the person's mental	2273
illness and that appropriate provision for those needs cannot be	2274
made immediately available in the community; or	2275

(4) Would benefit from treatment in a hospital for the	2276
person's mental illness and is in need of such treatment as	2277
manifested by evidence of behavior that creates a grave and	2278
imminent risk to substantial rights of others or the person.	2279

(C)(1) "Patient" means, subject to division (C)(2) of this	2280
section, a person who is admitted either voluntarily or	2281
involuntarily to a hospital or other place under section 2945.39,	2282
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2283
finding of not guilty by reason of insanity or incompetence to	2284
stand trial or under this chapter, who is under observation or	2285
receiving treatment in such place.	2286

(2) "Patient" does not include a person admitted to a	2287
hospital or other place under section 2945.39, 2945.40, 2945.401,	2288
or 2945.402 of the Revised Code to the extent that the reference	2289
in this chapter to patient, or the context in which the reference	2290
occurs, is in conflict with any provision of sections 2945.37 to	2291
2945.402 of the Revised Code.	2292

(D) "Licensed physician" means a person licensed under the	2293
laws of this state to practice medicine or a medical officer of	2294
the government of the United States while in this state in the	2295
performance of the person's official duties.	2296

(E) "Psychiatrist" means a licensed physician who has	2297
satisfactorily completed a residency training program in	2298
psychiatry, as approved by the residency review committee of the	2299
American medical association, the committee on post-graduate	2300
education of the American osteopathic association, or the American	2301
osteopathic board of neurology and psychiatry, or who on July 1,	2302
1989, has been recognized as a psychiatrist by the Ohio state	2303
medical association or the Ohio osteopathic association on the	2304
basis of formal training and five or more years of medical	2305
practice limited to psychiatry.	2306

(F) "Hospital" means a hospital or inpatient unit licensed by	2307
the department of mental health under section 5119.20 of the	2308
Revised Code, and any institution, hospital, or other place	2309
established, controlled, or supervised by the department under	2310
Chapter 5119. of the Revised Code.	2311

(G) "Public hospital" means a facility that is tax-supported	2312
and under the jurisdiction of the department of mental health.	2313

(H) "Community mental health agency" means an agency that	2314
provides community mental health services that are certified by	2315
the director of mental health under section 5119.611 of the	2316
Revised Code.	2317

(I) "Licensed clinical psychologist" means a person who holds	2318
a current valid psychologist license issued under section 4732.12	2319
or 4732.15 of the Revised Code, and in addition, meets either of	2320
the following criteria:	2321

(1) Meets the educational requirements set forth in division	2322
(B) of section 4732.10 of the Revised Code and has a minimum of	2323
two years' full-time professional experience, or the equivalent as	2324
determined by rule of the state board of psychology, at least one	2325
year of which shall be a predoctoral internship, in clinical	2326
psychological work in a public or private hospital or clinic or in	2327
private practice, diagnosing and treating problems of mental	2328
illness or mental retardation under the supervision of a	2329
psychologist who is licensed or who holds a diploma issued by the	2330
American board of professional psychology, or whose qualifications	2331
are substantially similar to those required for licensure by the	2332
state board of psychology when the supervision has occurred prior	2333
to enactment of laws governing the practice of psychology;	2334

(2) Meets the educational requirements set forth in division	2335
(B) of section 4732.15 of the Revised Code and has a minimum of	2336
four years' full-time professional experience, or the equivalent	2337
as determined by rule of the state board of psychology, in	2338
clinical psychological work in a public or private hospital or	2339
clinic or in private practice, diagnosing and treating problems of	2340
mental illness or mental retardation under supervision, as set	2341
forth in division (I)(1) of this section.	2342

(J) "Health officer" means any public health physician;	2343
public health nurse; or other person authorized by or designated	2344
by a city health district; a general health district; or a board	2345
of alcohol, drug addiction, and mental health services to perform	2346
the duties of a health officer under this chapter.	2347

(K) "Chief clinical officer" means the medical director of a	2348
hospital, or a community mental health agency, or a board of	2349
alcohol, drug addiction, and mental health services, or, if there	2350
is no medical director, the licensed physician responsible for the	2351
treatment a hospital or community mental health agency provides.	2352
The chief clinical officer may delegate to the attending physician	2353
responsible for a patient's care the duties imposed on the chief	2354
clinical officer by this chapter. Within a community mental health	2355
agency, the chief clinical officer shall be designated by the	2356
governing body of the agency and shall be a licensed physician or	2357
licensed clinical psychologist who supervises diagnostic and	2358
treatment services. A licensed physician or licensed clinical	2359
psychologist designated by the chief clinical officer may perform	2360
the duties and accept the responsibilities of the chief clinical	2361
officer in the chief clinical officer's absence.	2362

(L) "Working day" or "court day" means Monday, Tuesday,	2363
Wednesday, Thursday, and Friday, except when such day is a	2364
holiday.	2365

(M) "Indigent" means unable without deprivation of	2366
satisfaction of basic needs to provide for the payment of an	2367
attorney and other necessary expenses of legal representation,	2368
including expert testimony.	2369

(N) "Respondent" means the person whose detention,	2370
commitment, hospitalization, continued hospitalization or	2371
commitment, or discharge is being sought in any proceeding under	2372
this chapter.	2373

(O) "Ohio protection and advocacy system" has the same	2374
meaning as in section 5123.60 of the Revised Code.	2375

(P) "Independent expert evaluation" means an evaluation	2376
conducted by a licensed clinical psychologist, psychiatrist, or	2377
licensed physician who has been selected by the respondent or the	2378
respondent's counsel and who consents to conducting the	2379
evaluation.	2380

(Q) "Court" means the probate division of the court of common	2381
pleas.	2382

(R) "Expunge" means:

2383

(1) The removal and destruction of court files and records,	2384
originals and copies, and the deletion of all index references;	2385

(2) The reporting to the person of the nature and extent of	2386
any information about the person transmitted to any other person	2387
by the court;	2388

(3) Otherwise insuring that any examination of court files	2389
and records in question shall show no record whatever with respect	2390
to the person;	2391

(4) That all rights and privileges are restored, and that the	2392
person, the court, and any other person may properly reply that no	2393
such record exists, as to any matter expunged.	2394

(S) "Residence" means a person's physical presence in a	2395
county with intent to remain there, except that:	2396

(1) If a person is receiving a mental health service at a	2397
facility that includes nighttime sleeping accommodations,	2398
residence means that county in which the person maintained the	2399
person's primary place of residence at the time the person entered	2400
the facility;	2401

(2) If a person is committed pursuant to section 2945.38,	2402
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2403
residence means the county where the criminal charges were filed.	2404

When the residence of a person is disputed, the matter of	2405
residence shall be referred to the department of mental health for	2406
investigation and determination. Residence shall not be a basis	2407
for a board's denying services to any person present in the	2408
board's service district, and the board shall provide services for	2409
a person whose residence is in dispute while residence is being	2410
determined and for a person in an emergency situation.	2411

(T) "Admission" to a hospital or other place means that a	2412
patient is accepted for and stays at least one night at the	2413
hospital or other place.	2414

(U) "Prosecutor" means the prosecuting attorney, village	2415
solicitor, city director of law, or similar chief legal officer	2416
who prosecuted a criminal case in which a person was found not	2417
guilty by reason of insanity, who would have had the authority to	2418
prosecute a criminal case against a person if the person had not	2419
been found incompetent to stand trial, or who prosecuted a case in	2420
which a person was found guilty.	2421

(V) "Treatment plan" means a written statement of reasonable	2422
objectives and goals for an individual established by the	2423
treatment team, with specific criteria to evaluate progress	2424
towards achieving those objectives. The active participation of	2425
the patient in establishing the objectives and goals shall be	2426
documented. The treatment plan shall be based on patient needs and	2427
include services to be provided to the patient while the patient	2428
is hospitalized and after the patient is discharged. The treatment	2429
plan shall address services to be provided upon discharge,	2430
including but not limited to housing, financial, and vocational	2431
services.	2432

(W) "Community control sanction" has the same meaning as in	2433
section 2929.01 of the Revised Code.	2434

(X) "Post-release control sanction" has the same meaning as	2435
in section 2967.01 of the Revised Code.	2436

Section 2.  That existing sections 102.02, 102.022, 102.03,	2437
2152.54, 2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06,	2438
4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14,	2439
4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21,	2440
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 and	2441
sections 4732.15, 4732.171, and 4732.23 of the Revised Code are	2442
hereby repealed.	2443