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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Sub. 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 

Senators Tavares, Bacon, Balderson, Brown, Faber, Gentile, Jones, Lehner, Oelslager, Patton, Seitz, Uecker 

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 new sections 4732.16 and 23
4732.173 and sections 4732.142, 4732.151, 4732.221, and 4732.33 of 24
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, by mail, or by electronic means. A person who is a 273
candidate for elective office shall file the statement no later 274
than the thirtieth day before the primary, special, or general 275
election at which the candidacy is to be voted on, whichever 276
election occurs soonest, except that a person who is a write-in 277
candidate shall file the statement no later than the twentieth day 278
before the earliest election at which the person's candidacy is to 279
be voted on. A person who holds elective office shall file the 280
statement on or before the fifteenth day of April of each year 281
unless the person is a candidate for office. A person who is 282
appointed to fill a vacancy for an unexpired term in an elective 283
office shall file the statement within fifteen days after the 284
person qualifies for office. Other persons shall file an annual 285
statement on or before the fifteenth day of April or, if appointed 286
or employed after that date, within ninety days after appointment 287
or employment. No person shall be required to file with the 288
appropriate ethics commission more than one statement or pay more 289
than one filing fee 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
For office of member of a city, local, 373
exempted village, or cooperative 374
education board of 375
education or educational service 376
center governing board $30 377
For position of business manager, 378
treasurer, or superintendent of a 379
city, local, exempted village, joint 380
vocational, or cooperative education 381
school district or 382
educational service center $30 383

       (3) No judge of a court of record or candidate for judge of a 384
court of record, and no referee or magistrate serving a court of 385
record, shall be required to pay the fee required under division 386
(E)(1) or (2) or (F) of this section.387

       (4) For any public official who is appointed to a nonelective 388
office of the state and for any employee who holds a nonelective 389
position in a public agency of the state, the state agency that is 390
the primary employer of the state official or employee shall pay 391
the fee required under division (E)(1) or (F) of this section.392

       (F) If a statement required to be filed under this section is 393
not filed by the date on which it is required to be filed, the 394
appropriate ethics commission shall assess the person required to 395
file the statement a late filing fee of ten dollars for each day 396
the statement is not filed, except that the total amount of the 397
late filing fee shall not exceed two hundred fifty dollars.398

       (G)(1) The appropriate ethics commission other than the Ohio 399
ethics commission and the joint legislative ethics committee shall 400
deposit all fees it receives under divisions (E) and (F) of this 401
section into the general revenue fund of the state.402

       (2) The Ohio ethics commission shall deposit all receipts, 403
including, but not limited to, fees it receives under divisions 404
(E) and (F) of this section, investigative or other fees, costs, 405
or other funds it receives as a result of court orders, and all 406
moneys it receives from settlements under division (G) of section 407
102.06 of the Revised Code, into the Ohio ethics commission fund, 408
which is hereby created in the state treasury. All moneys credited 409
to the fund shall be used solely for expenses related to the 410
operation and statutory functions of the commission.411

       (3) The joint legislative ethics committee shall deposit all 412
receipts it receives from the payment of financial disclosure 413
statement filing fees under divisions (E) and (F) of this section 414
into the joint legislative ethics committee investigative fund.415

       (H) Division (A) of this section does not apply to a person 416
elected or appointed to the office of precinct, ward, or district 417
committee member under Chapter 3517. of the Revised Code; a 418
presidential elector; a delegate to a national convention; village 419
or township officials and employees; any physician or psychiatrist 420
who is paid a salary or wage in accordance with schedule C of 421
section 124.15 or schedule E-2 of section 124.152 of the Revised 422
Code and whose primary duties do not require the exercise of 423
administrative discretion; or any member of a board, commission, 424
or bureau of any county or city who receives less than one 425
thousand dollars per year for serving in that position.426

       Sec. 102.022.  Each person who is an officer or employee of a 427
political subdivision, who receives compensation of less than 428
sixteen thousand dollars a year for holding an office or position 429
of employment with that political subdivision, and who is required 430
to file a statement under section 102.02 of the Revised Code; each 431
member of the board of trustees of a state institution of higher 432
education as defined in section 3345.011 of the Revised Code who 433
is required to file a statement under section 102.02 of the 434
Revised Code; and each individual set forth in division (B)(2) of 435
section 187.03 of the Revised Code who is required to file a 436
statement under section 102.02 of the Revised Code, shall include 437
in that statement, in place of the information required by 438
divisions (A)(2), (7), (8), and (9) of that section, the following 439
information:440

       (A) Exclusive of reasonable expenses, identification of every 441
source of income over five hundred dollars received during the 442
preceding calendar year, in the officer's or employee's own name 443
or by any other person for the officer's or employee's use or 444
benefit, by the person filing the statement, and a brief 445
description of the nature of the services for which the income was 446
received. This division shall not be construed to require the 447
disclosure of clients of attorneys or persons licensed under 448
section 4732.12 or 4732.15 of the Revised Code or patients of 449
persons certified under section 4731.14 of the Revised Code. This 450
division shall not be construed to require a person filing the 451
statement who derives income from a business or profession to 452
disclose the individual items of income that constitute the gross 453
income of the business or profession.454

       (B) The source of each gift of over five hundred dollars 455
received by the person in the officer's or employee's own name or 456
by any other person for the officer's or employee's use or benefit 457
during the preceding calendar year, except gifts received by will 458
or by virtue of section 2105.06 of the Revised Code, received from 459
parents, grandparents, children, grandchildren, siblings, nephews, 460
nieces, uncles, aunts, brothers-in-law, sisters-in-law, 461
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 462
any person to whom the person filing the statement stands in loco 463
parentis, or received by way of distribution from any inter vivos 464
or testamentary trust established by a spouse or by an ancestor.465

       Sec. 102.03.  (A)(1) No present or former public official or 466
employee shall, during public employment or service or for twelve 467
months thereafter, represent a client or act in a representative 468
capacity for any person on any matter in which the public official 469
or employee personally participated as a public official or 470
employee through decision, approval, disapproval, recommendation, 471
the rendering of advice, investigation, or other substantial 472
exercise of administrative discretion.473

       (2) For twenty-four months after the conclusion of service, 474
no former commissioner or attorney examiner of the public 475
utilities commission shall represent a public utility, as defined 476
in section 4905.02 of the Revised Code, or act in a representative 477
capacity on behalf of such a utility before any state board, 478
commission, or agency.479

       (3) For twenty-four months after the conclusion of employment 480
or service, no former public official or employee who personally 481
participated as a public official or employee through decision, 482
approval, disapproval, recommendation, the rendering of advice, 483
the development or adoption of solid waste management plans, 484
investigation, inspection, or other substantial exercise of 485
administrative discretion under Chapter 343. or 3734. of the 486
Revised Code shall represent a person who is the owner or operator 487
of a facility, as defined in section 3734.01 of the Revised Code, 488
or who is an applicant for a permit or license for a facility 489
under that chapter, on any matter in which the public official or 490
employee personally participated as a public official or employee.491

       (4) For a period of one year after the conclusion of 492
employment or service as a member or employee of the general 493
assembly, no former member or employee of the general assembly 494
shall represent, or act in a representative capacity for, any 495
person on any matter before the general assembly, any committee of 496
the general assembly, or the controlling board. Division (A)(4) of 497
this section does not apply to or affect a person who separates 498
from service with the general assembly on or before December 31, 499
1995. As used in division (A)(4) of this section "person" does not 500
include any state agency or political subdivision of the state.501

       (5) As used in divisions (A)(1), (2), and (3) of this 502
section, "matter" includes any case, proceeding, application, 503
determination, issue, or question, but does not include the 504
proposal, consideration, or enactment of statutes, rules, 505
ordinances, resolutions, or charter or constitutional amendments. 506
As used in division (A)(4) of this section, "matter" includes the 507
proposal, consideration, or enactment of statutes, resolutions, or 508
constitutional amendments. As used in division (A) of this 509
section, "represent" includes any formal or informal appearance 510
before, or any written or oral communication with, any public 511
agency on behalf of any person.512

       (6) Nothing contained in division (A) of this section shall 513
prohibit, during such period, a former public official or employee 514
from being retained or employed to represent, assist, or act in a 515
representative capacity for the public agency by which the public 516
official or employee was employed or on which the public official 517
or employee served.518

       (7) Division (A) of this section shall not be construed to 519
prohibit the performance of ministerial functions, including, but 520
not limited to, the filing or amendment of tax returns, 521
applications for permits and licenses, incorporation papers, and 522
other similar documents.523

       (8) Division (A) of this section does not prohibit a 524
nonelected public official or employee of a state agency, as 525
defined in section 1.60 of the Revised Code, from becoming a 526
public official or employee of another state agency. Division (A) 527
of this section does not prohibit such an official or employee 528
from representing or acting in a representative capacity for the 529
official's or employee's new state agency on any matter in which 530
the public official or employee personally participated as a 531
public official or employee at the official's or employee's former 532
state agency. However, no public official or employee of a state 533
agency shall, during public employment or for twelve months 534
thereafter, represent or act in a representative capacity for the 535
official's or employee's new state agency on any audit or 536
investigation pertaining to the official's or employee's new state 537
agency in which the public official or employee personally 538
participated at the official's or employee's former state agency 539
through decision, approval, disapproval, recommendation, the 540
rendering of advice, investigation, or other substantial exercise 541
of administrative discretion.542

       (9) Division (A) of this section does not prohibit a 543
nonelected public official or employee of a political subdivision 544
from becoming a public official or employee of a different 545
department, division, agency, office, or unit of the same 546
political subdivision. Division (A) of this section does not 547
prohibit such an official or employee from representing or acting 548
in a representative capacity for the official's or employee's new 549
department, division, agency, office, or unit on any matter in 550
which the public official or employee personally participated as a 551
public official or employee at the official's or employee's former 552
department, division, agency, office, or unit of the same 553
political subdivision. As used in this division, "political 554
subdivision" means a county, township, municipal corporation, or 555
any other body corporate and politic that is responsible for 556
government activities in a geographic area smaller than that of 557
the state.558

       (10) No present or former Ohio casino control commission 559
official shall, during public service or for two years thereafter, 560
represent a client, be employed or compensated by a person 561
regulated by the commission, or act in a representative capacity 562
for any person on any matter before or concerning the commission.563

       No present or former commission employee shall, during public 564
employment or for two years thereafter, represent a client or act 565
in a representative capacity on any matter in which the employee 566
personally participated as a commission employee through decision, 567
approval, disapproval, recommendation, the rendering of advice, 568
investigation, or other substantial exercise of administrative 569
discretion.570

       (B) No present or former public official or employee shall 571
disclose or use, without appropriate authorization, any 572
information acquired by the public official or employee in the 573
course of the public official's or employee's official duties that 574
is confidential because of statutory provisions, or that has been 575
clearly designated to the public official or employee as 576
confidential when that confidential designation is warranted 577
because of the status of the proceedings or the circumstances 578
under which the information was received and preserving its 579
confidentiality is necessary to the proper conduct of government 580
business.581

       (C) No public official or employee shall participate within 582
the scope of duties as a public official or employee, except 583
through ministerial functions as defined in division (A) of this 584
section, in any license or rate-making proceeding that directly 585
affects the license or rates of any person, partnership, trust, 586
business trust, corporation, or association in which the public 587
official or employee or immediate family owns or controls more 588
than five per cent. No public official or employee shall 589
participate within the scope of duties as a public official or 590
employee, except through ministerial functions as defined in 591
division (A) of this section, in any license or rate-making 592
proceeding that directly affects the license or rates of any 593
person to whom the public official or employee or immediate 594
family, or a partnership, trust, business trust, corporation, or 595
association of which the public official or employee or the public 596
official's or employee's immediate family owns or controls more 597
than five per cent, has sold goods or services totaling more than 598
one thousand dollars during the preceding year, unless the public 599
official or employee has filed a written statement acknowledging 600
that sale with the clerk or secretary of the public agency and the 601
statement is entered in any public record of the agency's 602
proceedings. This division shall not be construed to require the 603
disclosure of clients of attorneys or persons licensed under 604
section 4732.12 or 4732.15 of the Revised Code, or patients of 605
persons certified under section 4731.14 of the Revised Code.606

       (D) No public official or employee shall use or authorize the 607
use of the authority or influence of office or employment to 608
secure anything of value or the promise or offer of anything of 609
value that is of such a character as to manifest a substantial and 610
improper influence upon the public official or employee with 611
respect to that person's duties.612

       (E) No public official or employee shall solicit or accept 613
anything of value that is of such a character as to manifest a 614
substantial and improper influence upon the public official or 615
employee with respect to that person's duties.616

       (F) No person shall promise or give to a public official or 617
employee anything of value that is of such a character as to 618
manifest a substantial and improper influence upon the public 619
official or employee with respect to that person's duties.620

       (G) In the absence of bribery or another offense under the 621
Revised Code or a purpose to defraud, contributions made to a 622
campaign committee, political party, legislative campaign fund, 623
political action committee, or political contributing entity on 624
behalf of an elected public officer or other public official or 625
employee who seeks elective office shall be considered to accrue 626
ordinarily to the public official or employee for the purposes of 627
divisions (D), (E), and (F) of this section.628

       As used in this division, "contributions," "campaign 629
committee," "political party," "legislative campaign fund," 630
"political action committee," and "political contributing entity" 631
have the same meanings as in section 3517.01 of the Revised Code.632

       (H)(1) No public official or employee, except for the 633
president or other chief administrative officer of or a member of 634
a board of trustees of a state institution of higher education as 635
defined in section 3345.011 of the Revised Code, who is required 636
to file a financial disclosure statement under section 102.02 of 637
the Revised Code shall solicit or accept, and no person shall give 638
to that public official or employee, an honorarium. Except as 639
provided in division (H)(2) of this section, this division and 640
divisions (D), (E), and (F) of this section do not prohibit a 641
public official or employee who is required to file a financial 642
disclosure statement under section 102.02 of the Revised Code from 643
accepting and do not prohibit a person from giving to that public 644
official or employee the payment of actual travel expenses, 645
including any expenses incurred in connection with the travel for 646
lodging, and meals, food, and beverages provided to the public 647
official or employee at a meeting at which the public official or 648
employee participates in a panel, seminar, or speaking engagement 649
or provided to the public official or employee at a meeting or 650
convention of a national organization to which any state agency, 651
including, but not limited to, any state legislative agency or 652
state institution of higher education as defined in section 653
3345.011 of the Revised Code, pays membership dues. Except as 654
provided in division (H)(2) of this section, this division and 655
divisions (D), (E), and (F) of this section do not prohibit a 656
public official or employee who is not required to file a 657
financial disclosure statement under section 102.02 of the Revised 658
Code from accepting and do not prohibit a person from promising or 659
giving to that public official or employee an honorarium or the 660
payment of travel, meal, and lodging expenses if the honorarium, 661
expenses, or both were paid in recognition of demonstrable 662
business, professional, or esthetic interests of the public 663
official or employee that exist apart from public office or 664
employment, including, but not limited to, such a demonstrable 665
interest in public speaking and were not paid by any person or 666
other entity, or by any representative or association of those 667
persons or entities, that is regulated by, doing business with, or 668
seeking to do business with the department, division, institution, 669
board, commission, authority, bureau, or other instrumentality of 670
the governmental entity with which the public official or employee 671
serves.672

       (2) No person who is a member of the board of a state 673
retirement system, a state retirement system investment officer, 674
or an employee of a state retirement system whose position 675
involves substantial and material exercise of discretion in the 676
investment of retirement system funds shall solicit or accept, and 677
no person shall give to that board member, officer, or employee, 678
payment of actual travel expenses, including expenses incurred 679
with the travel for lodging, meals, food, and beverages.680

       (I) A public official or employee may accept travel, meals, 681
and lodging or expenses or reimbursement of expenses for travel, 682
meals, and lodging in connection with conferences, seminars, and 683
similar events related to official duties if the travel, meals, 684
and lodging, expenses, or reimbursement is not of such a character 685
as to manifest a substantial and improper influence upon the 686
public official or employee with respect to that person's duties. 687
The house of representatives and senate, in their code of ethics, 688
and the Ohio ethics commission, under section 111.15 of the 689
Revised Code, may adopt rules setting standards and conditions for 690
the furnishing and acceptance of such travel, meals, and lodging, 691
expenses, or reimbursement.692

       A person who acts in compliance with this division and any 693
applicable rules adopted under it, or any applicable, similar 694
rules adopted by the supreme court governing judicial officers and 695
employees, does not violate division (D), (E), or (F) of this 696
section. This division does not preclude any person from seeking 697
an advisory opinion from the appropriate ethics commission under 698
section 102.08 of the Revised Code.699

       (J) For purposes of divisions (D), (E), and (F) of this 700
section, the membership of a public official or employee in an 701
organization shall not be considered, in and of itself, to be of 702
such a character as to manifest a substantial and improper 703
influence on the public official or employee with respect to that 704
person's duties. As used in this division, "organization" means a 705
church or a religious, benevolent, fraternal, or professional 706
organization that is tax exempt under subsection 501(a) and 707
described in subsection 501(c)(3), (4), (8), (10), or (19) of the 708
"Internal Revenue Code of 1986." This division does not apply to a 709
public official or employee who is an employee of an organization, 710
serves as a trustee, director, or officer of an organization, or 711
otherwise holds a fiduciary relationship with an organization. 712
This division does not allow a public official or employee who is 713
a member of an organization to participate, formally or 714
informally, in deliberations, discussions, or voting on a matter 715
or to use the public official's or employee's official position 716
with regard to the interests of the organization on the matter if 717
the public official or employee has assumed a particular 718
responsibility in the organization with respect to the matter or 719
if the matter would affect that person's personal, pecuniary 720
interests.721

       (K) It is not a violation of this section for a prosecuting 722
attorney to appoint assistants and employees in accordance with 723
division (B) of section 309.06 and section 2921.421 of the Revised 724
Code, for a chief legal officer of a municipal corporation or an 725
official designated as prosecutor in a municipal corporation to 726
appoint assistants and employees in accordance with sections 727
733.621 and 2921.421 of the Revised Code, for a township law 728
director appointed under section 504.15 of the Revised Code to 729
appoint assistants and employees in accordance with sections 730
504.151 and 2921.421 of the Revised Code, or for a coroner to 731
appoint assistants and employees in accordance with division (B) 732
of section 313.05 of the Revised Code.733

       As used in this division, "chief legal officer" has the same 734
meaning as in section 733.621 of the Revised Code.735

       (L) No present public official or employee with a casino 736
gaming regulatory function shall indirectly invest, by way of an 737
entity the public official or employee has an ownership interest 738
or control in, or directly invest in a casino operator, management 739
company, holding company, casino facility, or gaming-related 740
vendor. No present public official or employee with a casino 741
gaming regulatory function shall directly or indirectly have a 742
financial interest in, have an ownership interest in, be the 743
creditor or hold a debt instrument issued by, or have an interest 744
in a contractual or service relationship with a casino operator, 745
management company, holding company, casino facility, or 746
gaming-related vendor. This section does not prohibit or limit 747
permitted passive investing by the public official or employee.748

       As used in this division, "passive investing" means 749
investment by the public official or employee by means of a mutual 750
fund in which the public official or employee has no control of 751
the investments or investment decisions. "Casino operator," 752
"holding company," "management company," "casino facility," and 753
"gaming-related vendor" have the same meanings as in section 754
3772.01 of the Revised Code.755

       (M) A member of the Ohio casino control commission, the 756
executive director of the commission, or an employee of the 757
commission shall not: 758

       (1) Accept anything of value, including but not limited to a 759
gift, gratuity, emolument, or employment from a casino operator, 760
management company, or other person subject to the jurisdiction of 761
the commission, or from an officer, attorney, agent, or employee 762
of a casino operator, management company, or other person subject 763
to the jurisdiction of the commission; 764

       (2) Solicit, suggest, request, or recommend, directly or 765
indirectly, to a casino operator, management company, or other 766
person subject to the jurisdiction of the commission, or to an 767
officer, attorney, agent, or employee of a casino operator, 768
management company, or other person subject to the jurisdiction of 769
the commission, the appointment of a person to an office, place, 770
position, or employment; 771

       (3) Participate in casino gaming or any other amusement or 772
activity at a casino facility in this state or at an affiliate 773
gaming facility of a licensed casino operator, wherever located. 774

       In addition to the penalty provided in section 102.99 of the 775
Revised Code, whoever violates division (M)(1), (2), or (3) of 776
this section forfeits the individual's office or employment.777

       Sec. 2152.54.  (A) An evaluation of a child who does not 778
appear to the court to be a person who is at least moderately 779
intellectually disabled shall be made by an evaluator who is one 780
of the following: 781

       (1) A professional employed by a psychiatric facility or 782
center certified by the department of mental health and addiction 783
services to provide forensic services and appointed by the 784
director of the facility or center to conduct the evaluation; 785

       (2) A psychiatrist or a licensed clinical psychologist who 786
satisfies the criteria of division (I)(1) of section 5122.01 of 787
the Revised Code and has specialized education, training, or 788
experience in forensic evaluations of children or adolescents.789

       (B) An evaluation of a child who appears to the court to be a 790
person who is at least moderately intellectually disabled shall be 791
made by a psychiatrist or licensed clinical psychologist who 792
satisfies the criteria of division (I)(1) of section 5122.01 of 793
the Revised Code and has specialized education, training, or 794
experience in forensic evaluations of children or adolescents who 795
have intellectual disability.796

       (C) If an evaluation is conducted by an evaluator of the type 797
described in division (A)(1) or (2) of this section and the 798
evaluator concludes that the child is a person who is at least 799
moderately intellectually disabled, the evaluator shall 800
discontinue the evaluation and notify the court within one 801
business day after reaching the conclusion. Within two business 802
days after receiving notification, the court shall order the child 803
to undergo an evaluation by an evaluator of the type described in 804
division (B) of this section. Within two business days after the 805
appointment of the new evaluator, the original evaluator shall 806
deliver to the new evaluator all information relating to the child 807
obtained during the original evaluation. 808

       Sec. 2919.271.  (A)(1)(a) If a defendant is charged with a 809
violation of section 2919.27 of the Revised Code or of a municipal 810
ordinance that is substantially similar to that section, the court 811
may order an evaluation of the mental condition of the defendant 812
if the court determines that either of the following criteria 813
apply:814

       (i) If the alleged violation is a violation of a protection 815
order issued or consent agreement approved pursuant to section 816
2919.26 or 3113.31 of the Revised Code, that the violation 817
allegedly involves conduct by the defendant that caused physical 818
harm to the person or property of a family or household member 819
covered by the order or agreement, or conduct by the defendant 820
that caused a family or household member to believe that the 821
defendant would cause physical harm to that member or that 822
member's property.823

       (ii) If the alleged violation is a violation of a protection 824
order issued pursuant to section 2903.213 or 2903.214 of the 825
Revised Code or a protection order issued by a court of another 826
state, that the violation allegedly involves conduct by the 827
defendant that caused physical harm to the person or property of 828
the person covered by the order, or conduct by the defendant that 829
caused the person covered by the order to believe that the 830
defendant would cause physical harm to that person or that 831
person's property.832

       (b) If a defendant is charged with a violation of section 833
2903.211 of the Revised Code or of a municipal ordinance that is 834
substantially similar to that section, the court may order an 835
evaluation of the mental condition of the defendant.836

       (2) An evaluation ordered under division (A)(1) of this 837
section shall be completed no later than thirty days from the date 838
the order is entered pursuant to that division. In that order, the 839
court shall do either of the following:840

       (a) Order that the evaluation of the mental condition of the 841
defendant be preceded by an examination conducted either by a 842
forensic center that is designated by the department of mental 843
health and addiction services to conduct examinations and make 844
evaluations of defendants charged with violations of section 845
2903.211 or 2919.27 of the Revised Code or of substantially 846
similar municipal ordinances in the area in which the court is 847
located, or by any other program or facility that is designated by 848
the department of mental health and addiction services or the 849
department of developmental disabilities to conduct examinations 850
and make evaluations of defendants charged with violations of 851
section 2903.211 or 2919.27 of the Revised Code or of 852
substantially similar municipal ordinances, and that is operated 853
by either department or is certified by either department as being 854
in compliance with the standards established under division (B)(7) 855
of section 5119.10 of the Revised Code or division (C) of section 856
5123.04 of the Revised Code.857

       (b) Designate a center, program, or facility other than one 858
designated by the department of mental health and addiction 859
services or the department of developmental disabilities, as 860
described in division (A)(2)(a) of this section, to conduct the 861
evaluation and preceding examination of the mental condition of 862
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 (B)(7) of section 5119.10 or division (C) of 933
section 5123.04 of the Revised Code, a licensed professional 934
clinical counselor who is employed at a forensic center that is 935
certified as being in compliance with such standards, or a 936
licensed clinical psychologist, except that in order to be an 937
examiner, a licensed clinical psychologist shall meet the criteria 938
of division (I)(1) of section 5122.01 of the Revised Code or be 939
employed to conduct examinations by the department of mental 940
health and addiction services or by a forensic center certified as 941
being in compliance with the standards established under division 942
(B)(7) of section 5119.10 or division (C) of section 5123.04 of 943
the Revised Code that is designated by the department of mental 944
health and addiction services.945

       (3) "Family or household member" has the same meaning as in 946
section 2919.25 of the Revised Code.947

       (4) "Prosecutor" has the same meaning as in section 2935.01 948
of the Revised Code.949

       (5) "Psychiatrist" and "licensed clinical psychologist" have 950
the same meanings as in section 5122.01 of the Revised Code.951

       (6) "Protection order issued by a court of another state" has 952
the same meaning as in section 2919.27 of the Revised Code.953

       Sec. 2945.37.  (A) As used in sections 2945.37 to 2945.402 of 954
the Revised Code:955

       (1) "Prosecutor" means a prosecuting attorney or a city 956
director of law, village solicitor, or similar chief legal officer 957
of a municipal corporation who has authority to prosecute a 958
criminal case that is before the court or the criminal case in 959
which a defendant in a criminal case has been found incompetent to 960
stand trial or not guilty by reason of insanity.961

       (2) "Examiner" means either of the following:962

       (a) A psychiatrist or a licensed clinical psychologist who 963
satisfies the criteria of division (I)(1) of section 5122.01 of 964
the Revised Code or is employed by a certified forensic center 965
designated by the department of mental health and addiction 966
services to conduct examinations or evaluations.967

       (b) For purposes of a separate mental retardation evaluation 968
that is ordered by a court pursuant to division (H) of section 969
2945.371 of the Revised Code, a psychologist designated by the 970
director of developmental disabilities pursuant to that section to 971
conduct that separate mental retardation evaluation.972

       (3) "Nonsecured status" means any unsupervised, off-grounds 973
movement or trial visit from a hospital or institution, or any 974
conditional release, that is granted to a person who is found 975
incompetent to stand trial and is committed pursuant to section 976
2945.39 of the Revised Code or to a person who is found not guilty 977
by reason of insanity and is committed pursuant to section 2945.40 978
of the Revised Code.979

       (4) "Unsupervised, off-grounds movement" includes only 980
off-grounds privileges that are unsupervised and that have an 981
expectation of return to the hospital or institution on a daily 982
basis.983

       (5) "Trial visit" means a patient privilege of a longer 984
stated duration of unsupervised community contact with an 985
expectation of return to the hospital or institution at designated 986
times.987

       (6) "Conditional release" means a commitment status under 988
which the trial court at any time may revoke a person's 989
conditional release and order the rehospitalization or 990
reinstitutionalization of the person as described in division (A) 991
of section 2945.402 of the Revised Code and pursuant to which a 992
person who is found incompetent to stand trial or a person who is 993
found not guilty by reason of insanity lives and receives 994
treatment in the community for a period of time that does not 995
exceed the maximum prison term or term of imprisonment that the 996
person could have received for the offense in question had the 997
person been convicted of the offense instead of being found 998
incompetent to stand trial on the charge of the offense or being 999
found not guilty by reason of insanity relative to the offense.1000

       (7) "Licensed clinical psychologist," "mentally ill person 1001
subject to hospitalization by court order," and "psychiatrist" 1002
have the same meanings as in section 5122.01 of the Revised Code.1003

       (8) "Mentally retarded person subject to institutionalization 1004
by court order" has the same meaning as in section 5123.01 of the 1005
Revised Code.1006

       (B) In a criminal action in a court of common pleas, a county 1007
court, or a municipal court, the court, prosecutor, or defense may 1008
raise the issue of the defendant's competence to stand trial. If 1009
the issue is raised before the trial has commenced, the court 1010
shall hold a hearing on the issue as provided in this section. If 1011
the issue is raised after the trial has commenced, the court shall 1012
hold a hearing on the issue only for good cause shown or on the 1013
court's own motion.1014

       (C) The court shall conduct the hearing required or 1015
authorized under division (B) of this section within thirty days 1016
after the issue is raised, unless the defendant has been referred 1017
for evaluation in which case the court shall conduct the hearing 1018
within ten days after the filing of the report of the evaluation 1019
or, in the case of a defendant who is ordered by the court 1020
pursuant to division (H) of section 2945.371 of the Revised Code 1021
to undergo a separate mental retardation evaluation conducted by a 1022
psychologist designated by the director of developmental 1023
disabilities, within ten days after the filing of the report of 1024
the separate mental retardation evaluation under that division. A 1025
hearing may be continued for good cause.1026

       (D) The defendant shall be represented by counsel at the 1027
hearing conducted under division (C) of this section. If the 1028
defendant is unable to obtain counsel, the court shall appoint 1029
counsel under Chapter 120. of the Revised Code or under the 1030
authority recognized in division (C) of section 120.06, division 1031
(E) of section 120.16, division (E) of section 120.26, or section 1032
2941.51 of the Revised Code before proceeding with the hearing.1033

       (E) The prosecutor and defense counsel may submit evidence on 1034
the issue of the defendant's competence to stand trial. A written 1035
report of the evaluation of the defendant may be admitted into 1036
evidence at the hearing by stipulation, but, if either the 1037
prosecution or defense objects to its admission, the report may be 1038
admitted under sections 2317.36 to 2317.38 of the Revised Code or 1039
any other applicable statute or rule.1040

       (F) The court shall not find a defendant incompetent to stand 1041
trial solely because the defendant is receiving or has received 1042
treatment as a voluntary or involuntary mentally ill patient under 1043
Chapter 5122. or a voluntary or involuntary mentally retarded 1044
resident under Chapter 5123. of the Revised Code or because the 1045
defendant is receiving or has received psychotropic drugs or other 1046
medication, even if the defendant might become incompetent to 1047
stand trial without the drugs or medication.1048

       (G) A defendant is presumed to be competent to stand trial. 1049
If, after a hearing, the court finds by a preponderance of the 1050
evidence that, because of the defendant's present mental 1051
condition, the defendant is incapable of understanding the nature 1052
and objective of the proceedings against the defendant or of 1053
assisting in the defendant's defense, the court shall find the 1054
defendant incompetent to stand trial and shall enter an order 1055
authorized by section 2945.38 of the Revised Code.1056

       (H) Municipal courts shall follow the procedures set forth in 1057
sections 2945.37 to 2945.402 of the Revised Code. Except as 1058
provided in section 2945.371 of the Revised Code, a municipal 1059
court shall not order an evaluation of the defendant's competence 1060
to stand trial or the defendant's mental condition at the time of 1061
the commission of the offense to be conducted at any hospital 1062
operated by the department of mental health and addiction 1063
services. Those evaluations shall be performed through community 1064
resources including, but not limited to, certified forensic 1065
centers, court probation departments, and community mental health 1066
services providers. All expenses of the evaluations shall be borne 1067
by the legislative authority of the municipal court, as defined in 1068
section 1901.03 of the Revised Code, and shall be taxed as costs 1069
in the case. If a defendant is found incompetent to stand trial or 1070
not guilty by reason of insanity, a municipal court may commit the 1071
defendant as provided in sections 2945.38 to 2945.402 of the 1072
Revised Code.1073

       Sec. 4732.01.  As used in sections 4732.01 to 4732.25 of the 1074
Revised Codethis chapter:1075

       (A) "Psychologist" means any person who holds self out to the 1076
public by any title or description of services incorporating the 1077
words "psychologic," "psychological," "psychologist," 1078
"psychology," or any other terms that imply the person is trained, 1079
experienced, or an expert in the field of psychology.1080

       (B) "The practice of psychology" means rendering or offering 1081
to render to individuals, groups, organizations, or the public any 1082
service involving the application of psychological procedures to 1083
assessment, diagnosis, prevention, treatment, or amelioration of 1084
psychological problems or emotional or mental disorders of 1085
individuals or groups; or to the assessment or improvement of 1086
psychological adjustment or functioning of individuals or groups, 1087
whether or not there is a diagnosable pre-existing psychological 1088
problem. Practice of psychology includes the practice of school 1089
psychology. For purposes of this chapter, teaching or research 1090
shall not be regarded as the practice of psychology, even when 1091
dealing with psychological subject matter, provided it does not 1092
otherwise involve the professional practice of psychology in which1093
patient or clientan individual's welfare is directly affected by 1094
the application of psychological procedures.1095

       (C) "Psychological procedures" include but are not restricted 1096
to application of principles, methods, or procedures of 1097
understanding, predicting, or influencing behavior, such as the 1098
principles pertaining to learning, conditioning, perception, 1099
motivation, thinking, emotions, or interpersonal relationships; 1100
the methods or procedures of verbal interaction, interviewing, 1101
counseling, behavior modification, environmental manipulation, 1102
group process, psychological psychotherapy, or hypnosis; and the 1103
methods or procedures of administering or interpreting tests of 1104
mental abilities, aptitudes, interests, attitudes, personality 1105
characteristics, emotions, or motivation.1106

       (D) "School psychologist" means any person who holds self out 1107
to the public by any title or description of services 1108
incorporating the words "school psychologist" or "school 1109
psychology," or who holds self out to be trained, experienced, or 1110
an expert in the practice of school psychology.1111

       (E) "Practice of school psychology" means rendering or 1112
offering to render to individuals, groups, organizations, or the 1113
public any of the following services:1114

       (1) Evaluation, diagnosis, or test interpretation limited to 1115
assessment of intellectual ability, learning patterns, 1116
achievement, motivation, behavior, or personality factors directly 1117
related to learning problems in an educational setting;1118

       (2) CounselingIntervention services, including counseling,1119
for children or adults for amelioration or prevention of 1120
educationally related learning problems, including emotional and 1121
behavioral aspects of such problems;1122

       (3) EducationalPsychological, educational, or vocational 1123
consultation or direct educational services. This does not include 1124
industrial consultation or counseling services to clients 1125
undergoing vocational rehabilitation.1126

       (F) "Licensed psychologist" means an individual holding a 1127
current, valid license to practice psychology issued under section 1128
4732.12 or 4732.15 of the Revised Code.1129

       (G) "Licensed schoolSchool psychologist licensed by the 1130
state board of psychology" means an individual holding a current, 1131
valid license to practice school psychology issued under section 1132
4732.12 or 4732.15 of the Revised Code.1133

       (H) "Certificated schoolSchool psychologist licensed by the 1134
state board of education" means an individual holding a current, 1135
valid school psychologist certificatelicense issued under 1136
division (M) ofrules adopted under section 3319.22 of the Revised 1137
Code.1138

       (I) "Mental health professional" and "mental health service" 1139
have the same meanings as in section 2305.51 of the Revised Code.1140

       (J) "Telepsychology" means the practice of psychology or 1141
school psychology by distance communication technology, including 1142
telephone, electronic mail, internet-based communications, and 1143
video conferencing.1144

       Sec. 4732.02.  The governor, with the advice and consent of 1145
the senate, shall appoint a state board of psychology consisting 1146
of nine persons who are citizens of the United States and 1147
residents of this state. Three members shall be patient advocates 1148
who are not mental health professionals and who either are parents 1149
or other relatives of a person who has received or is receiving 1150
mental health services or are representatives of organizations 1151
that represent persons who have received or are receiving mental 1152
health services. At least one patient advocate member shall be a 1153
parent or other relative of a mental health service recipient, and 1154
at least one patient advocate member shall be a representative of 1155
an organization representing mental health service recipients. 1156
Each of the remaining members shall be a licensed psychologist or 1157
a licensed school psychologist licensed by the state board of 1158
psychology. The terms of the licensed psychologist and licensed 1159
school psychologist members that are in effect on the effective 1160
date of this amendment shall continue as under the law in effect 1161
prior to the effective date of this amendment. Of the patient 1162
advocate members whose positions are created on the effective date 1163
of this amendment, one shall replace the current member who is not 1164
a psychologist or other health professional at the end of that 1165
member's term, one shall be appointed for a term that ends on 1166
October 5, 2003, and one shall be appointed for a term that ends 1167
on October 5, 2006. Thereafter, termsTerms of office for all 1168
members shall be for five years, commencing on the sixth day of 1169
October and ending on the fifth day of October. Each member shall 1170
hold office from the date of appointment until the end of the term 1171
for which the member was appointed. Any member appointed to fill a 1172
vacancy occurring prior to the expiration of the term for which 1173
the member's predecessor was appointed shall hold office for the 1174
remainder of such term. Any member shall continue in office 1175
subsequent to the expiration date of the member's term until the 1176
member's successor takes office, or until a period of sixty days 1177
has elapsed, whichever occurs first. No person shall be appointed 1178
to more than two five-year terms in succession. The licensed 1179
psychologist and licensed school psychologist members of the board 1180
shall be so chosen that they represent the diverse fields of 1181
specialization and practice in the profession of psychology and 1182
the profession of school psychology. The governor may make such 1183
appointments from lists submitted annually by the Ohio 1184
psychological association and by, the Ohio school psychologists 1185
association, and the Ohio association of black psychologists. A 1186
vacancy in an unexpired term shall be filled in the same manner as 1187
the original appointment.1188

       The governor may remove any member for malfeasance, 1189
misfeasance, or nonfeasance after a hearing in accordance with 1190
Chapter 119. of the Revised Code. The governor shall remove, after 1191
a hearing in accordance with Chapter 119. of the Revised Code, any 1192
member who has been convicted of or pleaded guilty to the 1193
commission of a felony offense under any law of this state, 1194
another state, or the United States. No person may be appointed to 1195
the board who has been convicted of or pleaded guilty to a felony 1196
offense under any law of this state, another state, or the United 1197
States.1198

       Sec. 4732.03.  The state board of psychology shall organize 1199
within thirty days after its members have been appointed by the 1200
governor. The board shall elect a president and a secretary from 1201
its members to serve for terms of one year. The president and the 1202
secretary may administer oaths. A majority of the board 1203
constitutes a quorum. The secretary shall be compensated for his 1204
necessary expenses incurred in the performance of his official 1205
duties.1206

       Sec. 4732.06.  The principal office of the state board of 1207
psychology shall be in Columbus, but it may meet or conduct 1208
business at any place in this state. The board may empower any one 1209
or more of its members to conduct any proceeding, hearing, or 1210
investigation necessary to its purposes, including the 1211
administration and enforcement of Chapter 4783. of the Revised 1212
Code. The board shall meet at least twice annually and at such 1213
other times as it determines. Special meetings may be called by 1214
the president and shall be called by the secretary upon the 1215
written request of two members. The board shall not conduct 1216
business by teleconference except as provided in division (F)(1) 1217
of section 4732.17 of the Revised Code.1218

       The board shall make such rules as are necessary to conduct 1219
its business.1220

       The board mayshall employ suchan executive director, 1221
investigators, and administrative assistants and clerical help as 1222
are necessary to administer and enforce this chapter and Chapter 1223
4783. of the Revised Code.1224

       Sec. 4732.07.  The state board of psychology shall keep a 1225
record of its proceedings and a register of applicants for 1226
licenses under this chapter and applicants for certificates under 1227
Chapter 4783. of the Revised Code. The books and records of the 1228
board shall be prima-facie evidence of the matters therein 1229
contained. The records regarding licensure applications shall 1230
include applicants' written examination papers.1231

       Sec. 4732.09.  Each person who desires to practice psychology 1232
or school psychology shall file with the secretaryexecutive 1233
director of the state board of psychology a written application, 1234
under oath, on a form prescribed by the board.1235

       Sec. 4732.10.  (A) The state board of psychology shall 1236
appoint an entrance examiner who shall determine the sufficiency 1237
of an applicant's qualifications for admission to the appropriate 1238
examination. A member of the board or the executive director may 1239
be appointed as the entrance examiner.1240

       (B) Requirements for admission to examination for a 1241
psychologist license shall be that the applicant:1242

       (1) Is at least twenty-one years of age;1243

       (2) Is of good moral character;1244

       (3) Is a citizen of the United States or has legally declared 1245
the intention of becoming such;1246

       (4) Meets one of the following requirements of division 1247
(B)(4)(a), (b), (c), or (d) of this section:1248

       (a) Received an earned doctoral degree from an institution 1249
accredited or recognized by a national or regional accrediting 1250
agency and a program accredited by any of the following:1251

       (i) The American psychological association, office of program 1252
consultation and accreditation;1253

       (ii) The accreditation office of the Canadian psychological 1254
association;1255

       (iii) A program listed by the association of state and 1256
provincial psychology boards/national register designation 1257
committee;1258

       (iv) The national association of school psychologists.1259

       (b) Received from an academic institution outside of the 1260
United States or Canada a degree determined, under rules adopted 1261
by the board under division (E) of this section, to be equivalent 1262
to a doctoral degree in psychology from a program described in 1263
division (B)(4)(3)(a) of this section;1264

       (c) Held a psychologist license, certificate, or registration 1265
required for practice in another United States or Canadian 1266
jurisdiction for a minimum of ten years and meets educational, 1267
experience, and professional requirements established under rules 1268
adopted by the board.1269

       (d) Enrolled, not later than sixty days after the effective 1270
date of this amendmentApril 7, 2009, in an educational 1271
institution accredited or recognized by national or regional 1272
accrediting agencies as maintaining satisfactory standards and not 1273
later than eight years after the effective date of this amendment1274
April 7, 2009, received an earned doctoral degree in psychology,1275
or school psychology, or a doctoral degree deemed equivalent by 1276
the board.1277

       (5)(4) Has had at least two years of supervised professional 1278
experience in psychological work of a type satisfactory to the 1279
board, at least one year of which must be a predoctoral 1280
internship. The1281

       The board shall adopt guidelines for the kind of supervised 1282
professional experience which fulfill thethis requirement of 1283
division (B)(5) of this section.1284

       (C) Requirements for admission to examination for a school 1285
psychologist license shall be that the applicant:1286

       (1) Has received from an educational institution accredited 1287
or recognized by national or regional accrediting agencies as 1288
maintaining satisfactory standards, including those approved by 1289
the state board of education for the training of school 1290
psychologists, at least a master's degree in school psychology, or 1291
a degree considered equivalent by the board;1292

       (2) Is at least twenty-one years of age;1293

       (3) Is of good moral character;1294

       (4) Is a citizen of the United States or has legally declared 1295
the intention of becoming such;1296

       (5) Has completed at least sixty quarter hours, or the 1297
semester hours equivalent, at the graduate level, of accredited 1298
study in course work relevant to the study of school psychology;1299

       (6)(5) Has completed an internship in an educational 1300
institution approved by the Ohio department of education for 1301
school psychology supervised experience or one year of other 1302
training experience acceptable to the board, such as supervised 1303
professional experience under the direction of a licensed 1304
psychologist or licensed school psychologist;1305

       (7)(6) Furnishes proof of at least twenty-seven months, 1306
exclusive of internship, of full-time experience as a certificated 1307
school psychologist employed by a board of education or a private 1308
school meeting the standards prescribed by the state board of 1309
education, or of experience which the board deems equivalent.1310

       (D) If the entrance examiner finds that the applicant meets 1311
the requirements set forth in this section, the applicant shall be 1312
admitted to the appropriate examination.1313

       (E) The board shall adopt under Chapter 119. of the Revised 1314
Code rules for determining for the purposes of division 1315
(B)(4)(3)(b) of this section whether a degree is equivalent to a 1316
degree in psychology from an institution in the United States.1317

       Sec. 4732.11. License examinations shall be conducted under 1318
rules prescribed by the state board of psychology.(A)(1) Each 1319
applicant shall be examined for knowledge in whatever theoretical 1320
or applied fields of psychology the board considers appropriate. 1321
The examination for the school psychologist license shall be 1322
prepared and administered by afor a license to practice as a 1323
psychologist shall be required to earn a score acceptable to the 1324
state board of psychology on an examination selected by the board. 1325
The applicant shall follow all necessary procedures and pay all 1326
necessary fees for the examination. An applicant who fails to earn 1327
a score acceptable to the board may be admitted to a subsequent 1328
examination no less than thirty days after the initial 1329
examination. After failing to earn a passing score three 1330
consecutive times, an applicant may not be admitted to the 1331
examination for a period of six months following the third 1332
examination attempt. An applicant who fails to achieve an 1333
acceptable score in nine attempts is not eligible for additional 1334
admissions to the examination, and the application shall be 1335
permanently closed.1336

       An applicant who achieves an acceptable score on the 1337
examination selected by the board as a candidate in another state 1338
or Canadian province before or after submitting an application to 1339
the board must cause the score to be submitted directly to the 1340
board's executive director.1341

       (2) The board may also require that an applicant for a 1342
license to practice as a psychologist earn a passing score on an 1343
examination that covers one or more of the following:1344

       (a) Chapter 4732. of the Revised Code;1345

       (b) Rules promulgated under Chapter 4732. of the Revised 1346
Code;1347

       (c) Related provisions of the Revised Code;1348

       (d) Professional ethical principles;1349

       (e) Professional standards of care.1350

       The examination may be administered orally or in writing in 1351
accordance with rules adopted by the board. 1352

       (B)(1) Each applicant for a license to practice as a school 1353
psychologist licensed by the state board of psychology shall be 1354
required to earn a score acceptable to the board on an examination 1355
selected by the board. The applicant shall follow all necessary 1356
procedures and pay all necessary fees for the examination. 1357

       (2) The board may also require that an applicant for a 1358
license to practice as a school psychologist licensed by the state 1359
board of psychology earn a passing score on an examination that 1360
covers one or more of the following:1361

       (a) Chapter 4732. of the Revised Code;1362

       (b) Rules promulgated under Chapter 4732. of the Revised 1363
Code;1364

       (c) Related provisions of the Revised Code;1365

       (d) Professional ethical principles;1366

       (e) Professional standards of care.1367

       The examination may be administered orally or in writing in 1368
accordance with rules adopted by the board.1369

       (C) The board may establish procedures designed to expose 1370
applicants to the subject matter of the examinations described in 1371
divisions (A)(2) and (B)(2) of this section.1372

       (D) The board shall appoint a school psychology licensing1373
examination committee responsible to the board and consisting. The 1374
committee shall consist of five licensed school psychologists or 1375
licensed psychologistswhoshall be certificated school 1376
psychologistseach of whom holds either of the following:1377

       (1) A school psychologist license issued under this chapter;1378

       (2) A psychologist license issued under this chapter and a 1379
certificate or license issued by the state board of education.1380

        Committee members shall be appointed by the state board of 1381
psychology for staggered five-year terms, according to rules 1382
adopted by thethat board. The board may delegate to the committee 1383
authority to develop the examination described in division (B)(2) 1384
of this section and any procedures to be established under 1385
division (C) of this section.1386

       Examinations shall be given at least twice annually at such 1387
time and place and under such supervision as the board prescribes. 1388
Except as provided in section 4732.16 of the Revised Code, each 1389
applicant shall pay an application and license fee established by 1390
the board of not less than seventy-five nor more than one hundred 1391
fifty dollars, no part of which shall be returned. If an applicant 1392
fails an examination, he may be admitted, after no less than six 1393
months, to a subsequent examination upon payment of an additional 1394
fee as established by the board. After failing three examinations, 1395
a person is not eligible for licensure until he completes such 1396
additional training as the board prescribes.1397

       Sec. 4732.12. The state board of psychology shall grade 1398
examinations conducted under section 4732.11 of the Revised Code 1399
and uniformly apply such standards as it considers appropriate in 1400
determining the level of competence necessary for a passing score. 1401
The level of competence necessary for a passing score for the 1402
school psychologist examination shall be determined by the school 1403
psychology examining committee. If an applicant passesfor a 1404
license issued by the state board of psychology to practice as a 1405
psychologist or school psychologist receives a score acceptable to 1406
the board on the appropriate examination required by section 1407
4732.11 of the Revised Code and has paid the required fee required 1408
by section 4732.15 of the Revised Code, the board shall issue the 1409
appropriate license.1410

       Sec. 4732.13.  A license issued by the state board of 1411
psychology shall remain in effectactive until it expires pursuant 1412
to section 4732.14 of the Revised Code, or is suspended or,1413
revoked, or placed in retired status. A current, validAn active1414
psychologist license shall entitle the holder to practice 1415
psychology. A current, validAn active school psychologist license 1416
shall entitle the holder to practice school psychology.1417

       Sec. 4732.14. (A) On or before the thirty-first day of 1418
August of each even-numbered year, each person licensedwho holds 1419
an active license issued by the state board of psychology shall 1420
register with the board on a formin a format and manner1421
prescribed by the board, giving the person's name, address, 1422
license number, the continuing education information required by 1423
section 4732.141 of the Revised Code, and such other reasonable 1424
information as the board requires, and. The person shall pay to 1425
the board secretary a biennial registration fee in an amount 1426
determined by the board, but not to exceed two, as follows:1427

       (1) From the effective date of this amendment through June 1428
30, 2016, three hundred seventy-fivefifty dollars in fiscal year 1429
2000 and;1430

       (2) From July 1, 2016, through June 30, 2020, three hundred 1431
fiftysixty dollars in each fiscal year thereafter;1432

       (3) July 1, 2020, and thereafter three hundred sixty-five 1433
dollars. A1434

       A person licensed for the first time on or before the 1435
thirty-firstthirtieth day of AugustSeptember of an even-numbered 1436
year shall next be required to register on or before the 1437
thirty-firstthirtieth day of AugustSeptember of the next 1438
even-numbered year. 1439

       (B) Before the first day of August of each even-numbered 1440
year, the secretaryboard shall send a notice to each licensed 1441
psychologist and licensed school psychologistlicense holder, 1442
whether a resident or not, at the licensed psychologist's or 1443
licensed school psychologist'slicense holder's last known1444
provided official mailing address, that the licensed 1445
psychologist's or licensed school psychologist'slicense holder's 1446
continuing education compliance must be completed on or before the 1447
last day of August and the biennial registration form and fee are 1448
due on or before the last day of AugustSeptember. Before the 1449
fifteenth day of September of such years, the secretary shall send 1450
a second notice to each such person who has not paid the 1451
registration fee or registered with the board as required by this 1452
section. A license of any licensed psychologist or licensed school 1453
psychologistlicense holder shall automatically be suspended1454
expire if the biennial registration fee is not paid or the 1455
registration form is notany of the following are not received on 1456
or before the thirtieth day of September of a renewal year. 1457
Within:1458

       (1) The biennial registration fee;1459

       (2) The registration form;1460

       (3) A report of compliance with continuing education 1461
requirements.1462

       Within five years thereafter, the board may reinstate any 1463
expired license so suspended upon payment of the current 1464
registration fee and a penalty fee established by the board, not 1465
to exceed two hundred fifty dollars, as determined by the board,1466
and receipt of the registration form completed by the registrant 1467
in accordance with this section and section 4732.141 of the 1468
Revised Code or in accordance with any modifications authorized by 1469
the board under division (F) of section 4732.141 of the Revised 1470
Code. The1471

       The board may by rule waive the payment of the registration 1472
fee and completion of the continuing psychology education required 1473
by section 4732.141 of the Revised Code by a licensed psychologist 1474
or licensed school psychologistlicense holder when the licensed 1475
psychologist or licensed school psychologistlicense holder is on 1476
active duty in the armed forces of the United States.1477

       An individual who has had a license placed on retired status 1478
under section 4732.142 of the Revised Code may seek reinstatement 1479
of the license in accordance with rules adopted by the board.1480

       (C) Each licensed psychologist and licensed school 1481
psychologistlicense holder shall notify the secretaryexecutive 1482
director of any change in the licensed psychologist's or licensed 1483
school psychologist'slicense holder's official mailing address,1484
office address, or employment within ninetysixty days of such 1485
change.1486

       Sec. 4732.141.  (A)(1) On or before the thirty-first day of 1487
August of each even-numbered year beginning in 1998 and until the 1488
requirement set forth in division (A)(2) of this section applies, 1489
each person licensed under this chapter by the state board of 1490
psychology shall have completed, in the preceding two-year period, 1491
not less than twenty hours of continuing education in psychology 1492
or the number of hours determined under division (D) of this 1493
section.1494

       (2) OnExcept as provided in division (D) of this section, on1495
or before the thirty-first day of August of each even-numbered 1496
year after the biennium in which this amendment takes effect, each 1497
person licensed under this chapterwho holds a license issued by 1498
the state board of psychology shall have completed, in the 1499
preceding two-year period, not less than twenty-three hours of 1500
continuing education in psychology, including not less than three1501
four hours of continuing education in professional conduct and 1502
ethics, or the number of hours determined under division (D) of 1503
this sectionone or more of the following:1504

       (a) Professional conduct;1505

       (b) Ethics;1506

       (c) The role of culture, ethnic identity, or both in the 1507
provision of psychological assessment, consultation, or 1508
psychological interventions, or a combination thereof.1509

       (3)(2) Each person subject to division (A)(1) or (2) of this 1510
sectionlicense holder shall certify to the board, at the time of 1511
biennial registration pursuant to section 4732.14 of the Revised 1512
Code and on the registration form prescribed by the board under 1513
that section, that in the preceding two years the personlicense 1514
holder has completed continuing psychology education in compliance 1515
with this section. The board shall adopt rules establishing the 1516
procedure for a personlicense holder to certify to the board and 1517
for properly recording with the Ohio psychological association or 1518
the state board of educationOhio school psychologists association1519
completion of the continuing education.1520

       (B) Continuing psychology education may be applied to meet 1521
the requirement of division (A) of this section if both of the 1522
following requirements are met:1523

       (1) It is obtained through a program or course approved by 1524
the state board of psychology, the Ohio psychological association, 1525
the Ohio association of black psychologists, or the American 1526
psychological association or, in the case of a licensed school 1527
psychologist who holds a license issued under this chapter or a 1528
licensed psychologist with a school psychology specialty, by the 1529
state board of education, the Ohio school psychologists 1530
association, or the national association of school psychologists;1531

       (2) Completion of the program or course is recorded with the 1532
Ohio psychological association or the state board of education1533
Ohio school psychologists association in accordance with rules 1534
adopted by the state board of psychology in accordance with 1535
division (A) of this section.1536

       The state board of psychology may disapprove any program or 1537
course that has been approved by the Ohio psychological 1538
association, Ohio association of black psychologists, American 1539
psychological association, state board of education, Ohio school 1540
psychologists association, or national association of school 1541
psychologists. Such program or course may not be applied to meet 1542
the requirement of division (A) of this section.1543

       (C) Each person licensed under this chapterlicense holder1544
shall be given a sufficient choice of continuing education 1545
programs or courses in psychology, including programs or courses 1546
on professional conduct and ethics when required under division 1547
(A)(2) of this section, to ensure that the personlicense holder1548
has had a reasonable opportunity to participate in programs or 1549
courses that are relevant to the person'slicense holder's1550
practice in terms of subject matter and level.1551

       (D) The board shall adopt rules providing for reductions of 1552
the hours of continuing psychology education required by this 1553
section for personslicense holders in their first registration 1554
period.1555

       (E) Each person licensed under this chapterlicense holder1556
shall retain in the person'slicense holder's records for at least 1557
three years the receipts, vouchers, or certificates necessary to 1558
document completion of continuing psychology education. Proof of 1559
continuing psychology education recorded with the Ohio 1560
psychological association or the state board of educationOhio 1561
school psychologists association in accordance with the procedures 1562
established pursuant to division (A) of this section shall serve 1563
as sufficient documentation of completion. With cause, the board 1564
may request the documentation from the person. The board also may 1565
request the documentation from persons licensed under this chapter 1566
selected at random, without causelicense holder. The board may 1567
review any continuing psychology education records recorded by the 1568
Ohio psychological association or the state board of education1569
Ohio school psychologists association.1570

       (F) The board may excuse persons licensed under this chapter1571
license holders, as a group or as individuals, from all or any 1572
part of the requirements of this section because of an unusual 1573
circumstance, emergency, or special hardship.1574

       (G) The state board of psychology shall approve one or more 1575
continuing education courses of study that assist psychologists 1576
and school psychologists in recognizing the signs of domestic 1577
violence and its relationship to child abuse. Psychologists and 1578
school psychologists are not required to take the courses.1579

       (H) The board may require a license holder to evidence 1580
completion of specific continuing education coursework as part of 1581
the process of registering or continuing to register a person 1582
working under the license holder's supervision under division (B) 1583
of section 4732.22 of the Revised Code and conducting 1584
psychological or psychological work or training supervision. 1585
Procedures for the completion, verification, and documentation of 1586
such continuing education shall be specified in rules adopted by 1587
the board. A license holder completing this continuing education 1588
may receive credit toward the four-hour requirement in division 1589
(A)(1) of this section during the next continuing education period 1590
following the completion of this continuing education.1591

       Sec. 4732.142.  (A) The holder of a license issued under this 1592
chapter who retires from the practice of psychology or school 1593
psychology may request during the biennial license registration 1594
process that the license holder's license be placed in "licensed 1595
psychologist-retired" or "licensed school psychologist-retired" 1596
status. Once the license is placed in retired status, the license 1597
holder shall not practice psychology or school psychology in this 1598
state. A license holder selecting this status shall pay to the 1599
state board of psychology a fee of fifty dollars.1600

       (B) Procedures for reinstating a retired license shall be 1601
established in rules adopted by the board.1602

       Sec. 4732.16.        Sec. 4732.15.  Each applicant under section 4732.15 1603
of the Revised Codefor a license to be issued under this chapter1604
shall pay a fee established by the state board of psychology of 1605
not less than seventy-five nor more than oneof three hundred 1606
fifty dollars, no part of which shall be returned. An applicant 1607
who is denied licensure under section 4732.15 of the Revised Code 1608
may apply for licensure under section 4732.10 of the Revised Code 1609
within one year from the date of the denial and upon payment of a 1610
fee not to exceed twenty-five dollars.1611

       Sec. 4732.151.  The state board of psychology shall charge a 1612
fee of forty dollars to a license holder for the written 1613
verification of licensure status, including verification of the 1614
date of licensure, the presence or absence of a history of 1615
disciplinary action, and the expiration date of the license.1616

       Sec. 4732.16.  (A) The state board of psychology shall 1617
investigate alleged violations of this chapter or the rules 1618
adopted under it. Each investigation shall be assigned by the 1619
executive director or designated investigator to one of the 1620
members of the board who shall serve as the supervising member of 1621
the investigation. 1622

       As part of its conduct of investigations, the board may 1623
examine witnesses, administer oaths, and issue subpoenas, except 1624
that the board may not compel the attendance of the respondent in 1625
an investigation. A subpoena for patient record information may be 1626
issued only if the supervising member, executive director, 1627
secretary, and an attorney from the office of the attorney general 1628
determine that there is probable cause to believe that the 1629
complaint alleges a violation of this chapter and that the records 1630
sought are relevant to the alleged violation and material to the 1631
investigation. No member of the board who supervises the 1632
investigation or approves the issuance of a subpoena for patient 1633
records shall participate in further adjudication of the case. The 1634
subpoena may apply only to records that cover a reasonable period 1635
of time surrounding the alleged violation. On failure of a person 1636
to comply with a subpoena issued by the board and after reasonable 1637
notice to that person, the board may move for an order compelling 1638
the production of records or persons pursuant to the Rules of 1639
Civil Procedure.1640

       A subpoena issued by the board may be served by a sheriff, 1641
the sheriff's deputy, or a board employee designated by the board. 1642
Service of a subpoena issued by the board may be made by 1643
delivering a copy of the subpoena to the person named in the 1644
subpoena, reading it to the person, or leaving it at the person's 1645
usual place of residence. When the person being served is a person 1646
whose practice is authorized by this chapter, service of the 1647
subpoena may be made by certified mail, return receipt requested, 1648
and the subpoena shall be deemed served on the date delivery is 1649
made or the date the person refuses to accept delivery.1650

       A sheriff's deputy who serves a subpoena shall receive the 1651
same fees as a sheriff. Each witness who appears before the board 1652
in obedience to a subpoena shall receive the fees and mileage 1653
provided for witnesses under section 119.094 of the Revised Code.1654

       (B)(1) The board shall conduct all investigations and 1655
proceedings in a manner that protects the confidentiality of 1656
patients and persons who file complaints with the board. The board 1657
shall not make public the names or any other identifying 1658
information about patients or complainants unless proper consent 1659
is given or, in the case of a patient, the patient privilege has 1660
been waived by the patient. Information received by the board 1661
pursuant to an investigation is confidential and not subject to 1662
discovery in any civil action.1663

       (2) The board may share any information it receives pursuant 1664
to an investigation, including patient records and patient record 1665
information, with law enforcement agencies, other licensing 1666
boards, and other government agencies that are prosecuting, 1667
adjudicating, or investigating alleged violations of statutes or 1668
administrative rules. An agency or board that receives the 1669
information shall comply with the same requirements regarding 1670
confidentiality as the board must comply with under division 1671
(B)(1) of this section, notwithstanding any conflicting provision 1672
of the Revised Code or procedure of the agency or board that 1673
applies when it is dealing with other information in its 1674
possession.1675

       (3) In a judicial proceeding, any information the board 1676
receives pursuant to an investigation may be admitted into 1677
evidence only in accordance with the Ohio Rules of Evidence, but 1678
the court shall require that appropriate measures be taken to 1679
ensure that confidentiality is maintained with respect to any part 1680
of the information that contains names or other identifying 1681
information about patients or complainants whose confidentiality 1682
was protected by the board when the information was in the board's 1683
possession. Measures to ensure confidentiality that may be taken 1684
by the court include sealing its records or deleting specific 1685
information from its records.1686

       Sec. 4732.17.  (A) TheSubject to division (F) of this 1687
section, the state board of psychology may refuse to issue a 1688
license to any applicant, may issue a reprimand, or suspend or 1689
revoke the license of any licensed psychologist or licensed school 1690
psychologist,take any of the actions specified in division (C) of 1691
this section against an applicant for or a person who holds a 1692
license issued under this chapter on any of the following grounds 1693
as applicable:1694

       (1) Conviction, including a plea of guilty or no contest, of 1695
a felony, or of any offense involving moral turpitude, in a court 1696
of this or any other state or in a federal court;1697

       (2) A judicial finding of eligibility for intervention in 1698
lieu of conviction for a felony or any offense involving moral 1699
turpitude in a court of this or any other state or in a federal 1700
court;1701

       (3) Using fraud or deceit in the procurement of the license 1702
to practice psychology or school psychology or knowingly assisting 1703
another in the procurement of such a license through fraud or 1704
deceit;1705

       (3)(4) Accepting commissions or rebates or other forms of 1706
remuneration for referring persons to other professionals;1707

       (4)(5) Willful, unauthorized communication of information 1708
received in professional confidence;1709

       (5)(6) Being negligent in the practice of psychology or 1710
school psychology;1711

       (6) Using any controlled substance or alcoholic beverage to 1712
an extent that such use impairs the person's ability to perform 1713
the work of a psychologist or school psychologist with safety to 1714
the public(7) Inability to practice according to acceptable and 1715
prevailing standards of care by reason of a mental, emotional, 1716
physiological, or pharmacological condition or substance abuse;1717

       (7)(8) Subject to section 4732.28 of the Revised Code, 1718
violating any rule of professional conduct promulgated by the 1719
board;1720

       (8)(9) Practicing in an area of psychology for which the 1721
person is clearly untrained or incompetent;1722

       (9)(10) An adjudication by a court, as provided in section 1723
5122.301 of the Revised Code, that the person is incompetent for 1724
the purpose of holding the license. Such person may have the 1725
person's license issued or restored only upon determination by a 1726
court that the person is competent for the purpose of holding the 1727
license and upon the decision by the board that such license be 1728
issued or restored. The board may require an examination prior to 1729
such issuance or restoration.1730

       (10)(11) Waiving the payment of all or any part of a 1731
deductible or copayment that a patient, pursuant to a health 1732
insurance or health care policy, contract, or plan that covers 1733
psychological services, would otherwise be required to pay if the 1734
waiver is used as an enticement to a patient or group of patients 1735
to receive health care services from that provider;1736

       (11)(12) Advertising that the person will waive the payment 1737
of all or any part of a deductible or copayment that a patient, 1738
pursuant to a health insurance or health care policy, contract, or 1739
plan that covers psychological services, would otherwise be 1740
required to pay;1741

       (12)(13) Any of the following actions taken by the agency 1742
responsible for authorizing or certifying the person to practice 1743
or regulating the person's practice of a health care occupation or 1744
provision of health care services in this state or another 1745
jurisdiction, as evidenced by a certified copy of that agency's 1746
records and findings for any reason other than the nonpayment of 1747
fees:1748

       (a) Limitation, revocation, or suspension of the person's 1749
license to practice;1750

       (b) Acceptance of the person's license surrender;1751

       (c) Denial of a license to the person;1752

       (d) Refuse to renew or reinstate the person's license;1753

       (e) Imposition of probation on the person;1754

       (f) Issuance of an order of censure or other reprimand 1755
against the person;1756

       (g) Other negative action or finding against the person about 1757
which information is available to the public.1758

       (14) Offering or rendering psychological services after a 1759
license issued under this chapter has expired due to a failure to 1760
timely register under section 4732.14 of the Revised Code or 1761
complete continuing education requirements;1762

       (15) Offering or rendering psychological services after a 1763
license issued under this chapter has been placed in retired 1764
status pursuant to section 4732.142 of the Revised Code;1765

       (16) Unless the person is a school psychologist licensed by 1766
the state board of education:1767

       (a) Offering or rendering school psychological services after 1768
a license issued under this chapter has expired due to a failure 1769
to timely register under section 4732.14 of the Revised Code or 1770
complete continuing education requirements;1771

       (b) Offering or rendering school psychological services after 1772
a license issued under this chapter has been placed in retired 1773
status pursuant to section 4732.142 of the Revised Code.1774

       (17) Violating any adjudication order or consent agreement 1775
adopted by the board;1776

       (18) Failure to submit to mental, cognitive, substance abuse, 1777
or medical evaluations, or a combination of these evaluations, 1778
ordered by the board under division (E) of this section.1779

       (B) Notwithstanding divisiondivisions (A)(10)(11) and 1780
(11)(12) of this section, sanctions shall not be imposed against 1781
any licenseelicense holder who waives deductibles and 1782
copayments:1783

       (a)(1) In compliance with the health benefit plan that 1784
expressly allows such a practice. Waiver of the deductibles or 1785
copays shall be made only with the full knowledge and consent of 1786
the plan purchaser, payer, and third-party administrator. Such 1787
consent shall be made available to the board upon request.1788

       (b)(2) For professional services rendered to any other person 1789
licensed pursuant to this chapter to the extent allowed by this 1790
chapter and the rules of the board.1791

       (C) For any of the reasons specified in division (A) of this 1792
section, the board may do one or more of the following:1793

       (1) Refuse to issue a license to an applicant;1794

       (2) Issue a reprimand to a license holder;1795

       (3) Suspend the license of a license holder;1796

       (4) Revoke the license of a license holder;1797

       (5) Limit or restrict the areas of practice of an applicant 1798
or a license holder;1799

       (6) Require mental, substance abuse, or physical evaluations, 1800
or any combination of these evaluations, of an applicant or a 1801
license holder;1802

       (7) Require remedial education and training of an applicant 1803
or a license holder.1804

       (D) When it revokes the license of a license holder under 1805
division (C)(4) of this section, the board may specify that the 1806
revocation is permanent. An individual subject to permanent 1807
revocation is forever thereafter ineligible to hold a license, and 1808
the board shall not accept an application for reinstatement of the 1809
license or issuance of a new license.1810

       (E) When the board issues a notice of opportunity for a 1811
hearing on the basis of division (A)(7) of this section, the 1812
supervising member of the board, with cause and upon consultation 1813
with the board's executive director and the board's legal counsel, 1814
may compel the applicant or license holder to submit to mental, 1815
cognitive, substance abuse, or medical evaluations, or a 1816
combination of these evaluations, by a person or persons selected 1817
by the board. Notice shall be given to the applicant or license 1818
holder in writing signed by the supervising member, the executive 1819
director, and the board's legal counsel. The applicant or license 1820
holder is deemed to have given consent to submit to these 1821
evaluations and to have waived all objections to the admissibility 1822
of testimony or evaluation reports that constitute a privileged 1823
communication. The expense of the evaluation or evaluations shall 1824
be the responsibility of the applicant or license holder who is 1825
evaluated.1826

       (B) Except as provided in section 4732.171 of the Revised 1827
Code, before(F) Before the board may deny, suspend, or revoke a 1828
licensetake action under this section, or otherwise discipline 1829
the holder of a license, written charges shall be filed with the 1830
board by the secretary and a hearing shall be had thereon in 1831
accordance with Chapter 119. of the Revised Code, except as 1832
follows:1833

       (1) On receipt of a complaint that any of the grounds listed 1834
in division (A) of this section exist, the state board of 1835
psychology may suspend a license issued under this chapter prior 1836
to holding a hearing in accordance with Chapter 119. of the 1837
Revised Code if it determines, based on the complaint, that there 1838
is an immediate threat to the public. A telephone conference call 1839
may be used to conduct an emergency meeting for review of the 1840
matter by a quorum of the board, taking the vote, and 1841
memorializing the action in the minutes of the meeting.1842

       After suspending a license pursuant to division (F)(1) of 1843
this section, the board shall notify the license holder of the 1844
suspension in accordance with section 119.07 of the Revised Code. 1845
If the individual whose license is suspended fails to make a 1846
timely request for an adjudication under Chapter 119. of the 1847
Revised Code, the board shall enter a final order permanently 1848
revoking the license.1849

       (2) The board shall adopt rules establishing a case 1850
management schedule for pre-hearing procedures by the hearing 1851
examiner or presiding board member. The schedule shall include 1852
applicable deadlines related to the hearing process, including all 1853
of the following:1854

       (a) The date of the hearing;1855

       (b) The date for the disclosure of witnesses and exhibits;1856

       (c) The date for the disclosure of the identity of expert 1857
witnesses and the exchange of written reports;1858

       (d) The deadline for submitting a request for the issuance of 1859
a subpoena for the hearing as provided under Chapter 119. of the 1860
Revised Code and division (F)(4) of this section.1861

       (3) Either party to the hearing may submit a written request 1862
to the other party for a list of witnesses and copies of documents 1863
intended to be introduced at the hearing. The request shall be in 1864
writing and shall be served not less than thirty-seven days prior 1865
to the hearing, unless the hearing officer or presiding board 1866
member grants an extension of time to make the request. Not later 1867
than thirty days before the hearing, the responding party shall 1868
provide the requested list of witnesses, summary of their 1869
testimony, and copies of documents to the requesting party, unless 1870
the hearing officer or presiding board member grants an extension. 1871
Failure to timely provide a list or copies requested in accordance 1872
with this section may, at the discretion of the hearing officer or 1873
presiding board member, result in exclusion from the hearing of 1874
the witnesses, testimony, or documents.1875

       (4) In addition to subpoenas for the production of books, 1876
records, and papers requested under Chapter 119. of the Revised 1877
Code, either party may ask the board to issue a subpoena for the 1878
production of other tangible items.1879

       The person subject to a subpoena for the production of books, 1880
records, papers, or other tangible items shall respond to the 1881
subpoena at least twenty days prior to the date of the hearing. If 1882
a person fails to respond to a subpoena issued by the board, after 1883
providing reasonable notice to the person, the board, the hearing 1884
officer, or both may proceed with enforcement of the subpoena 1885
pursuant to section 119.09 of the Revised Code.1886

       Sec. 4732.172.        Sec. 4732.171.  (A) Except as provided in division 1887
(B) of this section, if, at the conclusion of a hearing required 1888
by section 4732.17 of the Revised Code, the state board of 1889
psychology determines that a licensed psychologist or licensed1890
school psychologist licensed by the state board of psychology has 1891
engaged in sexual conduct or had sexual contact with the licensed 1892
psychologist's or licensed school psychologist'slicense holder's1893
patient or client in violation of any prohibition contained in 1894
Chapter 2907. of the Revised Code, the board shall do one of the 1895
following:1896

       (1) Suspend the licensed psychologist's or licensed school 1897
psychologist'slicense holder's license;1898

       (2) Permanently revoke the licensed psychologist's or 1899
licensed school psychologist'slicense holder's license.1900

       (B) If it determines at the conclusion of the hearing that 1901
neither of the sanctions described in division (A) of this section 1902
is appropriate, the board shall impose another sanction it 1903
considers appropriate and issue a written finding setting forth 1904
the reasons for the sanction imposed and the reason that neither 1905
of the sanctions described in division (A) of this section is 1906
appropriate.1907

       Sec. 4732.173.        Sec. 4732.172.  Any finding made, and the record of 1908
any sanction imposed, by the state board of psychology under 1909
section 4732.17,or 4732.171, or 4732.172 of the Revised Code is a 1910
public record under section 149.43 of the Revised Code.1911

       Sec. 4732.173.  (A) The state board of psychology may approve 1912
or establish a colleague assistance program for the purpose of 1913
affording holders of licenses issued under this chapter, license 1914
applicants, and persons subject to discipline pursuant to division 1915
(B) of section 4731.22 of the Revised Code access to all of the 1916
following:1917

       (1) Resources concerning the prevention of distress;1918

       (2) Evaluation and intervention services concerning mental, 1919
emotional, substance use, and other conditions that may impair 1920
competence, objectivity, and judgment in the provision of 1921
psychological or school psychological services;1922

       (3) Consultation and mentoring services for practice 1923
oversight and remediation of professional skill deficits.1924

       The board may compel a license holder, applicant, or 1925
registered person to participate in the program in conjunction 1926
with the board's actions under section 4732.17 of the Revised 1927
Code. 1928

       (B) If a program is approved or established, the board shall 1929
adopt rules specifying the circumstances under which self-referred 1930
participants may receive confidential services from the program.1931

       Sec. 4732.18.  At any time after the suspension or revocation 1932
of a license, the state board of psychology may restore the 1933
license upon the written finding by the board that circumstances 1934
so warrant. TheAt the time it restores a license, the board may 1935
impose restrictions and limitations on the practice of the license 1936
holder. 1937

       The board may require a person seeking restoration of a 1938
license to submit to mental, substance abuse, cognitive, or 1939
physical evaluations, or a combination of these evaluations. 1940
Evaluations shall be conducted by qualified individuals selected 1941
by the board. The costs of any evaluative processes shall be paid 1942
by the applicant for restoration. A person requesting restoration 1943
of a license is deemed to have given consent to submit to a mental 1944
or physical examination when directed to do so in writing by the 1945
board and to have waived all objections to the admissibility of 1946
testimony or examination reports that constitute a privileged 1947
communication.1948

       As a further condition of license restoration, the board may 1949
require an examination of the applicant before such restoration1950
to do both of the following:1951

       (A) Take the examination selected by the board under section 1952
4732.11 of the Revised Code and receive a score acceptable to the 1953
board;1954

       (B) Participate in board processes designed to expose the 1955
applicant to Chapter 4732. of the Revised Code and rules 1956
promulgated thereunder, which may include passing a written or 1957
oral examination on the Ohio laws and rules governing 1958
psychologists and school psychologists.1959

       Sec. 4732.21. (A) On and after December 1, 1972, noExcept 1960
as provided in section 4732.22 of the Revised Code:1961

       (A) No person who is not a licensed psychologist shall offer 1962
or render services as a psychologist or otherwise engage in the 1963
practice of psychology for a compensation or other personal gain.1964

       (B) On and after December 1, 1972, noNo person who is not a 1965
licensed psychologist or, a school psychologist licensed by the 1966
state board of psychology, or a school psychologist licensed by 1967
the state board of education shall offer or render services as a 1968
school psychologist or otherwise engage in the practice of school 1969
psychology for a compensation or other personal gain.1970

       Sec. 4732.22. (A) The following persons are exempted from 1971
the licensing requirements of this chapter:1972

       (A)(1) A certificatedperson who holds a license or 1973
certificate issued by the state board of education authorizing the 1974
practice of school psychologistpsychology, while practicing 1975
school psychology within the scope of his employment by a board of 1976
education or by a private school meeting the standards prescribed 1977
by the state board of education under division (D) of section 1978
3301.07 of the Revised Code, or while acting as a school 1979
psychologist within the scope of his employment in a program for1980
trainable mentally retarded children with disabilities established 1981
under Chapter 3323. or 5126. of the Revised Code. A person 1982
exempted under this division shall not offer psychological 1983
services to any other individual, organization, or group for 1984
remuneration, monetary or otherwise, unless hethe person is 1985
licensed by the state board of psychology.1986

       (B)(2) Any nonresident temporarily employed in this state to 1987
render psychological services for not more than thirty days a 1988
year, who, in the opinion of the board, meets the standards for 1989
entrance in division (B) of section 4732.10 of the Revised Code, 1990
who has paid the required fee and submitted an application 1991
prescribed by the board, and who holds whatever license or 1992
certificate, if any, is required for such practice in histhe 1993
person's home state or home country.1994

       (C)(3) Any person employed byworking under the supervision 1995
of a licensed psychologist or licensed school psychologist 1996
licensed under this chapter, while carrying out specific tasks, 1997
under the licensee'slicense holder's supervision, as an extension 1998
of the licensee'slicense holder's legal and ethical authority as 1999
specified under this chapter if the person is registered under 2000
division (B) of this section. All fees shall be billed under the 2001
name of the licensee, and the employeelicense holder. The person 2002
working under the license holder's supervision shall not represent 2003
himselfself to the public as a psychologist or school 2004
psychologist, although supervised persons and persons in training 2005
may be ascribed such titles as "psychology trainee," "psychology 2006
assistant," "psychology intern," or other appropriate term that 2007
clearly implies their supervised or training status.2008

       (D) Unlicensed persons holding a master's degree or doctoral 2009
degree in psychology from a program approved by the board while 2010
working under the supervision of a licensed psychologist. The 2011
board shall establish rules governing such supervisory 2012
relationship which shall include a regulation requiring 2013
registration with the board of such unlicensed person.2014

       (E)(4) Any student in an accredited educational institution, 2015
while carrying out activities that are part of histhe student's2016
prescribed course of study, provided such activities are 2017
supervised by a professional person who is qualified to perform 2018
such activities and is licensed under this chapter or is exempted 2019
under division (F) or (G) of this section or division (B) or (D) 2020
of section 4732.23 of the Revised Code. Such student shall hold 2021
himself out to the public only by clearly indicating his student 2022
status and the profession in which he is being trained.2023

       (F) Duly ordained ministers while functioning in their 2024
ministerial capacity;2025

       (G) Qualified social workers while functioning in their 2026
capacity as social workersa qualified supervisor pursuant to 2027
rules of the board;2028

       (5) Recognized religious officials, including ministers, 2029
priests, rabbis, imams, Christian science practitioners, and other 2030
persons recognized by the board, conducting counseling when the 2031
counseling activities are within the scope of the performance of 2032
their regular duties and are performed under the auspices or 2033
sponsorship of an established and legally cognizable religious 2034
denomination or sect, as defined in current federal tax 2035
regulations, and when the religious official does not refer to the 2036
official's self as a psychologist and remains accountable to the 2037
established authority of the religious denomination or sect;2038

       (6) Persons in the employ of the federal government insofar 2039
as their activities are a part of the duties of their positions;2040

       (7) Persons licensed, certified, or registered under any 2041
other provision of the Revised Code who are practicing those arts 2042
and utilizing psychological procedures that are allowed and within 2043
the standards and ethics of their profession or within new areas 2044
of practice that represent appropriate extensions of their 2045
profession, provided that they do not hold themselves out to the 2046
public by the title of psychologist;2047

       (8) Persons using the term "social psychologist," 2048
"experimental psychologist," "developmental psychologist," 2049
"research psychologist," "cognitive psychologist," and other terms 2050
used by those in academic and research settings who possess a 2051
doctoral degree in psychology from an educational institution 2052
accredited or recognized by national or regional accrediting 2053
agencies as maintaining satisfactory standards and who do not use 2054
such a term in the solicitation or rendering of professional 2055
psychological services.2056

       (B) The license holder who is supervising a person described 2057
in division (A)(3) of this section shall register the person with 2058
the board. The board shall adopt rules regarding the registration 2059
process and the supervisory relationship.2060

       Sec. 4732.221.  A nonresident applicant seeking a review of 2061
qualifications and permission of the state board of psychology to 2062
practice psychology in Ohio for no more than thirty days per year 2063
under division (A)(2) of section 4732.22 of the Revised Code shall 2064
pay a fee established by the board of not less than seventy-five 2065
dollars and not more than one hundred fifty dollars, no part of 2066
which shall be returned. The board may adopt rules for the purpose 2067
of recognizing a nonresident's interjurisdictional practice 2068
credentials granted by the association of state and provincial 2069
psychology boards and other relevant professional organizations.2070

       Sec. 4732.31.  (A) The state board of psychology shall 2071
provide access to the following information through the internet:2072

       (1) The names of all licensed psychologists and licensedall2073
school psychologists licensed by the state board of psychology;2074

       (2) The names of all licensed psychologists and licensedall2075
school psychologists licensed by the state board of psychology who 2076
have been reprimanded by the board for misconduct, the names of 2077
all licensed psychologists or school psychologists who have 2078
current licenses butlicensed by the state board of psychology2079
whose licenses are under an active suspension imposed for 2080
misconduct, the names of all former licensed psychologists and 2081
licensed school psychologists licensed by the state board of 2082
psychology whose licenses have been suspended or revoked for 2083
misconduct, and the reason for each reprimand, suspension, or 2084
revocation;2085

       (3) Written findings made under division (B) of section2086
4732.1724732.171 of the Revised Code.2087

       (B) Division (A)(2) of this section does not apply to a 2088
suspension of the license of a psychologist or school psychologist 2089
that is an automatic suspension imposed under section 4732.14 of 2090
the Revised Code.2091

       Sec. 4732.33.  The state board of psychology shall adopt 2092
rules governing the use of telepsychology for the purpose of 2093
protecting the welfare of recipients of telepsychology services 2094
and establishing requirements for the responsible use of 2095
telepsychology in the practice of psychology and school 2096
psychology, including supervision of persons registered with the 2097
state board of psychology as described in division (B) of section 2098
4732.22 of the Revised Code.2099

       Sec. 4755.13. (A) Nothing in sections 4755.04 to 4755.13 of 2100
the Revised Code shall be construed to prevent or restrict the 2101
practice, services, or activities of the following:2102

       (1)(A) Any person who does not claim to the public by any 2103
title, initials, or description of services as being engaged in 2104
the practice of occupational therapy, who is:2105

       (a)(1) A physician licensed under Chapter 4731. of the 2106
Revised Code, or anyone employed or supervised by a licensed 2107
physician in the delivery of treatment or services;2108

       (b)(2) A person licensed, certified, or registered under 2109
sections 4755.40 to 4755.56 of the Revised Code or under any other 2110
chapter of the Revised Code who is practicing within the standards 2111
and ethics of practice that represent appropriate extensions of 2112
the person's profession;2113

       (c)(3) A qualified member of any other profession who is 2114
practicing within the standards and ethics of the member's 2115
profession.2116

       (2)(B) Any person employed as an occupational therapist or 2117
occupational therapy assistant by the government of the United 2118
States, if the person provides occupational therapy solely under 2119
the direction or control of the organization by which the person 2120
is employed;2121

       (3)(C) Any person pursuing a course of study leading to a 2122
degree or certificate in occupational therapy in an accredited or 2123
approved educational program if the activities and services 2124
constitute a part of a supervised course of study, if the person 2125
is designated by a title that clearly indicates the person's 2126
status as a student or trainee;2127

       (4)(D) Any person fulfilling the supervised field work 2128
experience requirements of section 4755.07 of the Revised Code, if 2129
the activities and services constitute a part of the experience 2130
necessary to meet those requirements.2131

       (B) Nothing in sections 4755.04 to 4755.13 of the Revised 2132
Code authorizes any person to use psychological procedures defined 2133
by the state board of psychology under division (C) of section 2134
4732.23 of the Revised Code as a serious hazard to mental health 2135
and to require professional expertise in psychology.2136

       Sec. 4757.42.  Except as otherwise expressly provided in this 2137
chapter, nothing in this chapter shall be construed as authorizing 2138
any person to engage in the practice of psychology as defined in 2139
division (B) of section 4732.01 of the Revised Code. This section 2140
shall not be construed as contravening section 4732.23 of the 2141
Revised Code.2142

       Sec. 5120.55.  (A) As used in this section, "licensed health 2143
professional" means any or all of the following:2144

        (1) A dentist who holds a current, valid license issued under 2145
Chapter 4715. of the Revised Code to practice dentistry;2146

        (2) A licensed practical nurse who holds a current, valid 2147
license issued under Chapter 4723. of the Revised Code that 2148
authorizes the practice of nursing as a licensed practical nurse;2149

        (3) An optometrist who holds a current, valid certificate of 2150
licensure issued under Chapter 4725. of the Revised Code that 2151
authorizes the holder to engage in the practice of optometry;2152

        (4) A physician who is authorized under Chapter 4731. of the 2153
Revised Code to practice medicine and surgery, osteopathic 2154
medicine and surgery, or podiatric medicine and surgery;2155

       (5) A psychologist who holds a current, valid license issued 2156
under Chapter 4732. of the Revised Code that authorizes the 2157
practice of psychology as a licensed psychologist;2158

       (6) A registered nurse who holds a current, valid license 2159
issued under Chapter 4723. of the Revised Code that authorizes the 2160
practice of nursing as a registered nurse, including such a nurse 2161
who is also authorized to practice as an advanced practice 2162
registered nurse as defined in section 4723.01 of the Revised 2163
Code.2164

       (B)(1) The department of rehabilitation and correction may 2165
establish a recruitment program under which the department, by 2166
means of a contract entered into under division (C) of this 2167
section, agrees to repay all or part of the principal and interest 2168
of a government or other educational loan incurred by a licensed 2169
health professional who agrees to provide services to inmates of 2170
correctional institutions under the department's administration.2171

       (2)(a) For a physician to be eligible to participate in the 2172
program, the physician must have attended a school that was, 2173
during the time of attendance, a medical school or osteopathic 2174
medical school in this country accredited by the liaison committee 2175
on medical education or the American osteopathic association, a 2176
college of podiatry in this country recognized as being in good 2177
standing under section 4731.53 of the Revised Code, or a medical 2178
school, osteopathic medical school, or college of podiatry located 2179
outside this country that was acknowledged by the world health 2180
organization and verified by a member state of that organization 2181
as operating within that state's jurisdiction.2182

       (b) For a nurse to be eligible to participate in the program, 2183
the nurse must have attended a school that was, during the time of 2184
attendance, a nursing school in this country accredited by the 2185
commission on collegiate nursing education or the national league 2186
for nursing accrediting commission or a nursing school located 2187
outside this country that was acknowledged by the world health 2188
organization and verified by a member state of that organization 2189
as operating within that state's jurisdiction.2190

       (c) For a dentist to be eligible to participate in the 2191
program, the dentist must have attended a school that was, during 2192
the time of attendance, a dental college that enabled the dentist 2193
to meet the requirements specified in section 4715.10 of the 2194
Revised Code to be granted a license to practice dentistry.2195

       (d) For an optometrist to be eligible to participate in the 2196
program, the optometrist must have attended a school of optometry 2197
that was, during the time of attendance, approved by the state 2198
board of optometry.2199

        (e) For a psychologist to be eligible to participate in the 2200
program, the psychologist must have attended an educational 2201
institution that, during the time of attendance, maintained a 2202
specific degree program recognized by the state board of 2203
psychology as acceptable for fulfilling the requirement of 2204
division (B)(4)(3) of section 4732.10 of the Revised Code.2205

       (C) The department shall enter into a contract with each 2206
licensed health professional it recruits under this section. Each 2207
contract shall include at least the following terms:2208

       (1) The licensed health professional agrees to provide a 2209
specified scope of medical, osteopathic medical, podiatric, 2210
optometric, psychological, nursing, or dental services to inmates 2211
of one or more specified state correctional institutions for a 2212
specified number of hours per week for a specified number of 2213
years.2214

       (2) The department agrees to repay all or a specified portion 2215
of the principal and interest of a government or other educational 2216
loan taken by the licensed health professional for the following 2217
expenses to attend, for up to a maximum of four years, a school 2218
that qualifies the licensed health professional to participate in 2219
the program:2220

       (a) Tuition;2221

       (b) Other educational expenses for specific purposes, 2222
including fees, books, and laboratory expenses, in amounts 2223
determined to be reasonable in accordance with rules adopted under 2224
division (D) of this section;2225

       (c) Room and board, in an amount determined to be reasonable 2226
in accordance with rules adopted under division (D) of this 2227
section.2228

       (3) The licensed health professional agrees to pay the 2229
department a specified amount, which shall be no less than the 2230
amount already paid by the department pursuant to its agreement, 2231
as damages if the licensed health professional fails to complete 2232
the service obligation agreed to or fails to comply with other 2233
specified terms of the contract. The contract may vary the amount 2234
of damages based on the portion of the service obligation that 2235
remains uncompleted.2236

       (4) Other terms agreed upon by the parties.2237

       The licensed health professional's lending institution or the 2238
Ohio board of regents, may be a party to the contract. The 2239
contract may include an assignment to the department of the 2240
licensed health professional's duty to repay the principal and 2241
interest of the loan.2242

       (D) If the department elects to implement the recruitment 2243
program, it shall adopt rules in accordance with Chapter 119. of 2244
the Revised Code that establish all of the following:2245

       (1) Criteria for designating institutions for which licensed 2246
health professionals will be recruited;2247

       (2) Criteria for selecting licensed health professionals for 2248
participation in the program;2249

       (3) Criteria for determining the portion of a loan which the 2250
department will agree to repay;2251

       (4) Criteria for determining reasonable amounts of the 2252
expenses described in divisions (C)(2)(b) and (c) of this section;2253

       (5) Procedures for monitoring compliance by a licensed health 2254
professional with the terms of the contract the licensed health 2255
professional enters into under this section;2256

       (6) Any other criteria or procedures necessary to implement 2257
the program.2258

       Sec. 5122.01.  As used in this chapter and Chapter 5119. of 2259
the Revised Code:2260

       (A) "Mental illness" means a substantial disorder of thought, 2261
mood, perception, orientation, or memory that grossly impairs 2262
judgment, behavior, capacity to recognize reality, or ability to 2263
meet the ordinary demands of life.2264

       (B) "Mentally ill person subject to hospitalization by court 2265
order" means a mentally ill person who, because of the person's 2266
illness:2267

       (1) Represents a substantial risk of physical harm to self as 2268
manifested by evidence of threats of, or attempts at, suicide or 2269
serious self-inflicted bodily harm;2270

       (2) Represents a substantial risk of physical harm to others 2271
as manifested by evidence of recent homicidal or other violent 2272
behavior, evidence of recent threats that place another in 2273
reasonable fear of violent behavior and serious physical harm, or 2274
other evidence of present dangerousness;2275

       (3) Represents a substantial and immediate risk of serious 2276
physical impairment or injury to self as manifested by evidence 2277
that the person is unable to provide for and is not providing for 2278
the person's basic physical needs because of the person's mental 2279
illness and that appropriate provision for those needs cannot be 2280
made immediately available in the community; or2281

       (4) Would benefit from treatment in a hospital for the 2282
person's mental illness and is in need of such treatment as 2283
manifested by evidence of behavior that creates a grave and 2284
imminent risk to substantial rights of others or the person.2285

       (C)(1) "Patient" means, subject to division (C)(2) of this 2286
section, a person who is admitted either voluntarily or 2287
involuntarily to a hospital or other place under section 2945.39, 2288
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a 2289
finding of not guilty by reason of insanity or incompetence to 2290
stand trial or under this chapter, who is under observation or 2291
receiving treatment in such place.2292

       (2) "Patient" does not include a person admitted to a 2293
hospital or other place under section 2945.39, 2945.40, 2945.401, 2294
or 2945.402 of the Revised Code to the extent that the reference 2295
in this chapter to patient, or the context in which the reference 2296
occurs, is in conflict with any provision of sections 2945.37 to 2297
2945.402 of the Revised Code.2298

       (D) "Licensed physician" means a person licensed under the 2299
laws of this state to practice medicine or a medical officer of 2300
the government of the United States while in this state in the 2301
performance of the person's official duties.2302

       (E) "Psychiatrist" means a licensed physician who has 2303
satisfactorily completed a residency training program in 2304
psychiatry, as approved by the residency review committee of the 2305
American medical association, the committee on post-graduate 2306
education of the American osteopathic association, or the American 2307
osteopathic board of neurology and psychiatry, or who on July 1, 2308
1989, has been recognized as a psychiatrist by the Ohio state 2309
medical association or the Ohio osteopathic association on the 2310
basis of formal training and five or more years of medical 2311
practice limited to psychiatry.2312

       (F) "Hospital" means a hospital or inpatient unit licensed by 2313
the department of mental health and addiction services under 2314
section 5119.33 of the Revised Code, and any institution, 2315
hospital, or other place established, controlled, or supervised by 2316
the department under Chapter 5119. of the Revised Code.2317

       (G) "Public hospital" means a facility that is tax-supported 2318
and under the jurisdiction of the department of mental health and 2319
addiction services.2320

       (H) "Community mental health services provider" means an 2321
agency, association, corporation, individual, or program that 2322
provides community mental health services that are certified by 2323
the director of mental health and addiction services under section 2324
5119.36 of the Revised Code.2325

       (I) "Licensed clinical psychologist" means a person who holds 2326
a current valid psychologist license issued under section 4732.12 2327
or 4732.15 of the Revised Code, and in addition, meets either of 2328
the following criteria:2329

       (1) Meets the educational requirements set forth in division 2330
(B) of section 4732.10 of the Revised Code and has a minimum of 2331
two years' full-time professional experience, or the equivalent as 2332
determined by rule of the state board of psychology, at least one 2333
year of which shall be a predoctoral internship, in clinical 2334
psychological work in a public or private hospital or clinic or in 2335
private practice, diagnosing and treating problems of mental 2336
illness or mental retardation under the supervision of a 2337
psychologist who is licensed or who holds a diploma issued by the 2338
American board of professional psychology, or whose qualifications 2339
are substantially similar to those required for licensure by the 2340
state board of psychology when the supervision has occurred prior 2341
to enactment of laws governing the practice of psychology;2342

       (2) Meets the educational requirements set forth in division 2343
(B) of section 4732.15 of the Revised Code and has a minimum of 2344
four years' full-time professional experience, or the equivalent 2345
as determined by rule of the state board of psychology, in 2346
clinical psychological work in a public or private hospital or 2347
clinic or in private practice, diagnosing and treating problems of 2348
mental illness or mental retardation under supervision, as set 2349
forth in division (I)(1) of this section.2350

       (J) "Health officer" means any public health physician; 2351
public health nurse; or other person authorized by or designated 2352
by a city health district; a general health district; or a board 2353
of alcohol, drug addiction, and mental health services to perform 2354
the duties of a health officer under this chapter.2355

       (K) "Chief clinical officer" means the medical director of a 2356
hospital, or a community mental health services provider, or a 2357
board of alcohol, drug addiction, and mental health services, or, 2358
if there is no medical director, the licensed physician 2359
responsible for the treatment a hospital or community mental 2360
health services provider provides. The chief clinical officer may 2361
delegate to the attending physician responsible for a patient's 2362
care the duties imposed on the chief clinical officer by this 2363
chapter. Within a community mental health services provider, the 2364
chief clinical officer shall be designated by the governing body 2365
of the services provider and shall be a licensed physician or 2366
licensed clinical psychologist who supervises diagnostic and 2367
treatment services. A licensed physician or licensed clinical 2368
psychologist designated by the chief clinical officer may perform 2369
the duties and accept the responsibilities of the chief clinical 2370
officer in the chief clinical officer's absence.2371

       (L) "Working day" or "court day" means Monday, Tuesday, 2372
Wednesday, Thursday, and Friday, except when such day is a 2373
holiday.2374

       (M) "Indigent" means unable without deprivation of 2375
satisfaction of basic needs to provide for the payment of an 2376
attorney and other necessary expenses of legal representation, 2377
including expert testimony.2378

       (N) "Respondent" means the person whose detention, 2379
commitment, hospitalization, continued hospitalization or 2380
commitment, or discharge is being sought in any proceeding under 2381
this chapter.2382

       (O) "Ohio protection and advocacy system" has the same 2383
meaning as in section 5123.60 of the Revised Code.2384

       (P) "Independent expert evaluation" means an evaluation 2385
conducted by a licensed clinical psychologist, psychiatrist, or 2386
licensed physician who has been selected by the respondent or the 2387
respondent's counsel and who consents to conducting the 2388
evaluation.2389

       (Q) "Court" means the probate division of the court of common 2390
pleas.2391

       (R) "Expunge" means:2392

       (1) The removal and destruction of court files and records, 2393
originals and copies, and the deletion of all index references;2394

       (2) The reporting to the person of the nature and extent of 2395
any information about the person transmitted to any other person 2396
by the court;2397

       (3) Otherwise insuring that any examination of court files 2398
and records in question shall show no record whatever with respect 2399
to the person;2400

       (4) That all rights and privileges are restored, and that the 2401
person, the court, and any other person may properly reply that no 2402
such record exists, as to any matter expunged.2403

       (S) "Residence" means a person's physical presence in a 2404
county with intent to remain there, except that:2405

       (1) If a person is receiving a mental health service at a 2406
facility that includes nighttime sleeping accommodations, 2407
residence means that county in which the person maintained the 2408
person's primary place of residence at the time the person entered 2409
the facility;2410

       (2) If a person is committed pursuant to section 2945.38, 2411
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, 2412
residence means the county where the criminal charges were filed.2413

       When the residence of a person is disputed, the matter of 2414
residence shall be referred to the department of mental health and 2415
addiction services for investigation and determination. Residence 2416
shall not be a basis for a board's denying services to any person 2417
present in the board's service district, and the board shall 2418
provide services for a person whose residence is in dispute while 2419
residence is being determined and for a person in an emergency 2420
situation.2421

       (T) "Admission" to a hospital or other place means that a 2422
patient is accepted for and stays at least one night at the 2423
hospital or other place.2424

       (U) "Prosecutor" means the prosecuting attorney, village 2425
solicitor, city director of law, or similar chief legal officer 2426
who prosecuted a criminal case in which a person was found not 2427
guilty by reason of insanity, who would have had the authority to 2428
prosecute a criminal case against a person if the person had not 2429
been found incompetent to stand trial, or who prosecuted a case in 2430
which a person was found guilty.2431

       (V) "Treatment plan" means a written statement of reasonable 2432
objectives and goals for an individual established by the 2433
treatment team, with specific criteria to evaluate progress 2434
towards achieving those objectives. The active participation of 2435
the patient in establishing the objectives and goals shall be 2436
documented. The treatment plan shall be based on patient needs and 2437
include services to be provided to the patient while the patient 2438
is hospitalized and after the patient is discharged. The treatment 2439
plan shall address services to be provided upon discharge, 2440
including but not limited to housing, financial, and vocational 2441
services.2442

       (W) "Community control sanction" has the same meaning as in 2443
section 2929.01 of the Revised Code.2444

       (X) "Post-release control sanction" has the same meaning as 2445
in section 2967.01 of the Revised Code.2446

       Section 2.  That existing sections 102.02, 102.022, 102.03, 2447
2152.54, 2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06, 2448
4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14, 2449
4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21, 2450
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 and 2451
sections 4732.15, 4732.171, and 4732.23 of the Revised Code are 2452
hereby repealed.2453

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