As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 140

Senator Miller, R. 

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A BILL

To amend sections 109.572, 2929.12, 2929.22,

1

2951.041, 3719.121, 3719.70, 4715.30, 4717.05,

2

4717.14, 4723.28, 4730.14, 4730.25, 4730.31,

3

4730.48, 4731.22, 4731.223, 4731.281, 4734.31,

4

4760.06, 4760.13, 4760.15, 4761.09, 4762.06,

5

4762.13, 4762.15, 4765.112, 4774.06, 4774.13,

6

4774.15, 5111.032, 5111.033, and 5111.034 and to

7

enact sections 2951.042, 2951.043, 2951.044, and

8

2951.045 of the Revised Code relative to

9

treatment for certain drug offenders and to make

10

an appropriation.

11

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

Section 1. That sections 109.572, 2929.12, 2929.22, 2951.041,	12
3719.121, 3719.70, 4715.30, 4717.05, 4717.14, 4723.28, 4730.14,	13
4730.25, 4730.31, 4730.48, 4731.22, 4731.223, 4731.281, 4734.31,	14
4760.06, 4760.13, 4760.15, 4761.09, 4762.06, 4762.13, 4762.15,	15
4765.112, 4774.06, 4774.13, 4774.15, 5111.032, 5111.033, and	16
5111.034 be amended and sections 2951.042, 2951.043, 2951.044,	17
and 2951.045 of the Revised Code be enacted to read as follows:	18

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	19
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	20
Code, a completed form prescribed pursuant to division (C)(1) of	21
this section, and a set of fingerprint impressions obtained in	22
the manner described in division (C)(2) of this section, the	23
superintendent of the bureau of criminal identification and	24
investigation shall conduct a criminal records check in the	25
manner described in division (B) of this section to determine	26
whether any information exists that indicates that the person who	27
is the subject of the request previously has been convicted of or	28
pleaded guilty to any of the following:	29

(a) A violation of section 2903.01, 2903.02, 2903.03,	30
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	31
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	32
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	33
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	34
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	35
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	36
2925.06, or 3716.11 of the Revised Code, felonious sexual	37
penetration in violation of former section 2907.12 of the Revised	38
Code, a violation of section 2905.04 of the Revised Code as it	39
existed prior to July 1, 1996, a violation of section 2919.23 of	40
the Revised Code that would have been a violation of section	41
2905.04 of the Revised Code as it existed prior to July 1, 1996,	42
had the violation been committed prior to that date, or a	43
violation of section 2925.11 of the Revised Code that is not a	44
minor drug possession offense;	45

(b) A violation of an existing or former law of this state,	46
any other state, or the United States that is substantially	47
equivalent to any of the offenses listed in division (A)(1)(a) of	48
this section.	49

(2) On receipt of a request pursuant to section 5123.081 of	50
the Revised Code with respect to an applicant for employment in	51
any position with the department of mental retardation and	52
developmental disabilities, pursuant to section 5126.28 of the	53
Revised Code with respect to an applicant for employment in any	54
position with a county board of mental retardation and	55
developmental disabilities, or pursuant to section 5126.281 of the	56
Revised Code with respect to an applicant for employment in a	57
direct services position with an entity contracting with a county	58
board for employment, a completed form prescribed pursuant to	59
division (C)(1) of this section, and a set of fingerprint	60
impressions obtained in the manner described in division (C)(2) of	61
this section, the superintendent of the bureau of criminal	62
identification and investigation shall conduct a criminal records	63
check. The superintendent shall conduct the criminal records check	64
in the manner described in division (B) of this section to	65
determine whether any information exists that indicates that the	66
person who is the subject of the request has been convicted of or	67
pleaded guilty to any of the following:	68

(a) A violation of section 2903.01, 2903.02, 2903.03,	69
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	70
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	71
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	72
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	73
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	74
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	75
2925.03, or 3716.11 of the Revised Code;	76

(b) An existing or former municipal ordinance or law of this	77
state, any other state, or the United States that is substantially	78
equivalent to any of the offenses listed in division (A)(2)(a) of	79
this section.	80

(3) On receipt of a request pursuant to section 173.27,	81
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	82
completed form prescribed pursuant to division (C)(1) of this	83
section, and a set of fingerprint impressions obtained in the	84
manner described in division (C)(2) of this section, the	85
superintendent of the bureau of criminal identification and	86
investigation shall conduct a criminal records check with respect	87
to any person who has applied for employment in a position for	88
which a criminal records check is required by those sections. The	89
superintendent shall conduct the criminal records check in the	90
manner described in division (B) of this section to determine	91
whether any information exists that indicates that the person who	92
is the subject of the request previously has been convicted of or	93
pleaded guilty to any of the following:	94

(a) A violation of section 2903.01, 2903.02, 2903.03,	95
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	96
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	97
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	98
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	99
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	100
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	101
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	102
2925.22, 2925.23, or 3716.11 of the Revised Code;	103

(b) An existing or former law of this state, any other state,	104
or the United States that is substantially equivalent to any of	105
the offenses listed in division (A)(3)(a) of this section.	106

(4) On receipt of a request pursuant to section 3701.881 of	107
the Revised Code with respect to an applicant for employment with	108
a home health agency as a person responsible for the care,	109
custody, or control of a child, a completed form prescribed	110
pursuant to division (C)(1) of this section, and a set of	111
fingerprint impressions obtained in the manner described in	112
division (C)(2) of this section, the superintendent of the bureau	113
of criminal identification and investigation shall conduct a	114
criminal records check. The superintendent shall conduct the	115
criminal records check in the manner described in division (B) of	116
this section to determine whether any information exists that	117
indicates that the person who is the subject of the request	118
previously has been convicted of or pleaded guilty to any of the	119
following:	120

(a) A violation of section 2903.01, 2903.02, 2903.03,	121
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	122
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	123
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	124
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	125
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	126
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	127
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	128
violation of section 2925.11 of the Revised Code that is not a	129
minor drug possession offense;	130

(b) An existing or former law of this state, any other state,	131
or the United States that is substantially equivalent to any of	132
the offenses listed in division (A)(4)(a) of this section.	133

(5) On receipt of a request pursuant to section 5111.032,	134
5111.033, or 5111.034 of the Revised Code, a completed form	135
prescribed pursuant to division (C)(1) of this section, and a set	136
of fingerprint impressions obtained in the manner described in	137
division (C)(2) of this section, the superintendent of the bureau	138
of criminal identification and investigation shall conduct a	139
criminal records check. The superintendent shall conduct the	140
criminal records check in the manner described in division (B) of	141
this section to determine whether any information exists that	142
indicates that the person who is the subject of the request	143
previously has been convicted of, has pleaded guilty to, or has	144
been found eligible for intervention in lieu of conviction under	145
section 2951.041 of the Revised Code for any of the following:	146

(a) A violation of section 2903.01, 2903.02, 2903.03,	147
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	148
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	149
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	150
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	151
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	152
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	153
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	154
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	155
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	156
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	157
3716.11 of the Revised Code, felonious sexual penetration in	158
violation of former section 2907.12 of the Revised Code, a	159
violation of section 2905.04 of the Revised Code as it existed	160
prior to July 1, 1996, a violation of section 2919.23 of the	161
Revised Code that would have been a violation of section 2905.04	162
of the Revised Code as it existed prior to July 1, 1996, had the	163
violation been committed prior to that date;	164

(b) An existing or former law of this state, any other state,	165
or the United States that is substantially equivalent to any of	166
the offenses listed in division (A)(5)(a) of this section.	167

(6) On receipt of a request pursuant to section 3701.881 of	168
the Revised Code with respect to an applicant for employment with	169
a home health agency in a position that involves providing direct	170
care to an older adult, a completed form prescribed pursuant to	171
division (C)(1) of this section, and a set of fingerprint	172
impressions obtained in the manner described in division (C)(2) of	173
this section, the superintendent of the bureau of criminal	174
identification and investigation shall conduct a criminal records	175
check. The superintendent shall conduct the criminal records check	176
in the manner described in division (B) of this section to	177
determine whether any information exists that indicates that the	178
person who is the subject of the request previously has been	179
convicted of or pleaded guilty to any of the following:	180

(a) A violation of section 2903.01, 2903.02, 2903.03,	181
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	182
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	183
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	184
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	185
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	186
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	187
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	188
2925.22, 2925.23, or 3716.11 of the Revised Code;	189

(b) An existing or former law of this state, any other state,	190
or the United States that is substantially equivalent to any of	191
the offenses listed in division (A)(6)(a) of this section.	192

(7) When conducting a criminal records check upon a request	193
pursuant to section 3319.39 of the Revised Code for an applicant	194
who is a teacher, in addition to the determination made under	195
division (A)(1) of this section, the superintendent shall	196
determine whether any information exists that indicates that the	197
person who is the subject of the request previously has been	198
convicted of or pleaded guilty to any offense specified in section	199
3319.31 of the Revised Code.	200

(8) On receipt of a request pursuant to section 2151.86 of	201
the Revised Code, a completed form prescribed pursuant to	202
division (C)(1) of this section, and a set of fingerprint	203
impressions obtained in the manner described in division (C)(2)	204
of this section, the superintendent of the bureau of criminal	205
identification and investigation shall conduct a criminal records	206
check in the manner described in division (B) of this section to	207
determine whether any information exists that indicates that the	208
person who is the subject of the request previously has been	209
convicted of or pleaded guilty to any of the following:	210

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	211
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	212
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	213
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	214
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	215
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	216
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	217
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	218
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	219
of the Revised Code, a violation of section 2905.04 of the	220
Revised Code as it existed prior to July 1, 1996, a violation of	221
section 2919.23 of the Revised Code that would have been a	222
violation of section 2905.04 of the Revised Code as it existed	223
prior to July 1, 1996, had the violation been committed prior to	224
that date, a violation of section 2925.11 of the Revised Code	225
that is not a minor drug possession offense, two or more OVI or	226
OVUAC violations committed within the three years immediately	227
preceding the submission of the application or petition that is	228
the basis of the request, or felonious sexual penetration in	229
violation of former section 2907.12 of the Revised Code;	230

(b) A violation of an existing or former law of this state,	231
any other state, or the United States that is substantially	232
equivalent to any of the offenses listed in division (A)(8)(a) of	233
this section.	234

(9) Upon receipt of a request pursuant to section 5104.012	235
or 5104.013 of the Revised Code, a completed form prescribed	236
pursuant to division (C)(1) of this section, and a set of	237
fingerprint impressions obtained in the manner described in	238
division (C)(2) of this section, the superintendent of the bureau	239
of criminal identification and investigation shall conduct a	240
criminal records check in the manner described in division (B) of	241
this section to determine whether any information exists that	242
indicates that the person who is the subject of the request has	243
been convicted of or pleaded guilty to any of the following:	244

(a) A violation of section 2903.01, 2903.02, 2903.03,	245
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	246
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	247
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	248
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	249
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	250
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	251
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	252
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	253
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	254
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	255
3716.11 of the Revised Code, felonious sexual penetration in	256
violation of former section 2907.12 of the Revised Code, a	257
violation of section 2905.04 of the Revised Code as it existed	258
prior to July 1, 1996, a violation of section 2919.23 of the	259
Revised Code that would have been a violation of section 2905.04	260
of the Revised Code as it existed prior to July 1, 1996, had the	261
violation been committed prior to that date, a violation of	262
section 2925.11 of the Revised Code that is not a minor drug	263
possession offense, a violation of section 2923.02 or 2923.03 of	264
the Revised Code that relates to a crime specified in this	265
division, or a second violation of section 4511.19 of the	266
Revised Code within five years of the date of application for	267
licensure or certification.	268

(b) A violation of an existing or former law of this state,	269
any other state, or the United States that is substantially	270
equivalent to any of the offenses or violations described in	271
division (A)(9)(a) of this section.	272

(10) Upon receipt of a request pursuant to section 5153.111	273
of the Revised Code, a completed form prescribed pursuant to	274
division (C)(1) of this section, and a set of fingerprint	275
impressions obtained in the manner described in division (C)(2) of	276
this section, the superintendent of the bureau of criminal	277
identification and investigation shall conduct a criminal records	278
check in the manner described in division (B) of this section to	279
determine whether any information exists that indicates that the	280
person who is the subject of the request previously has been	281
convicted of or pleaded guilty to any of the following:	282

(a) A violation of section 2903.01, 2903.02, 2903.03,	283
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	284
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	285
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	286
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	287
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	288
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	289
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	290
felonious sexual penetration in violation of former section	291
2907.12 of the Revised Code, a violation of section 2905.04 of the	292
Revised Code as it existed prior to July 1, 1996, a violation of	293
section 2919.23 of the Revised Code that would have been a	294
violation of section 2905.04 of the Revised Code as it existed	295
prior to July 1, 1996, had the violation been committed prior to	296
that date, or a violation of section 2925.11 of the Revised Code	297
that is not a minor drug possession offense;	298

(b) A violation of an existing or former law of this state,	299
any other state, or the United States that is substantially	300
equivalent to any of the offenses listed in division (A)(10)(a) of	301
this section.	302

(11) On receipt of a request for a criminal records check	303
from an individual pursuant to section 4749.03 or 4749.06 of the	304
Revised Code, accompanied by a completed copy of the form	305
prescribed in division (C)(1) of this section and a set of	306
fingerprint impressions obtained in a manner described in division	307
(C)(2) of this section, the superintendent of the bureau of	308
criminal identification and investigation shall conduct a criminal	309
records check in the manner described in division (B) of this	310
section to determine whether any information exists indicating	311
that the person who is the subject of the request has been	312
convicted of or pleaded guilty to a felony in this state or in any	313
other state. If the individual indicates that a firearm will be	314
carried in the course of business, the superintendent shall	315
require information from the federal bureau of investigation as	316
described in division (B)(2) of this section. The superintendent	317
shall report the findings of the criminal records check and any	318
information the federal bureau of investigation provides to the	319
director of public safety.	320

(12) On receipt of a request pursuant to section 1321.37,	321
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	322
form prescribed pursuant to division (C)(1) of this section, and	323
a set of fingerprint impressions obtained in the manner described	324
in division (C)(2) of this section, the superintendent of the	325
bureau of criminal identification and investigation shall conduct	326
a criminal records check with respect to any person who has	327
applied for a license, permit, or certification from the	328
department of commerce or a division in the department. The	329
superintendent shall conduct the criminal records check in the	330
manner described in division (B) of this section to determine	331
whether any information exists that indicates that the person who	332
is the subject of the request previously has been convicted of or	333
pleaded guilty to any of the following: a violation of section	334
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	335
Code; any other criminal offense involving theft, receiving	336
stolen property, embezzlement, forgery, fraud, passing bad	337
checks, money laundering, or drug trafficking, or any criminal	338
offense involving money or securities, as set forth in Chapters	339
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	340
Revised Code; or any existing or former law of this state, any	341
other state, or the United States that is substantially	342
equivalent to those offenses.	343

(13) On receipt of a request for a criminal records check	344
from the treasurer of state under section 113.041 of the Revised	345
Code or from an individual under section 4701.08, 4715.101,	346
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	347
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	348
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	349
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	350
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	351
by a completed form prescribed under division (C)(1) of this	352
section and a set of fingerprint impressions obtained in the	353
manner described in division (C)(2) of this section, the	354
superintendent of the bureau of criminal identification and	355
investigation shall conduct a criminal records check in the	356
manner described in division (B) of this section to determine	357
whether any information exists that indicates that the person who	358
is the subject of the request has been convicted of or pleaded	359
guilty to any criminal offense in this state or any other state.	360
The superintendent shall send the results of a check requested	361
under section 113.041 of the Revised Code to the treasurer of	362
state and shall send the results of a check requested under any of	363
the other listed sections to the licensing board specified by the	364
individual in the request.	365

(14) On receipt of a request pursuant to section 1121.23,	366
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	367
Code, a completed form prescribed pursuant to division (C)(1) of	368
this section, and a set of fingerprint impressions obtained in the	369
manner described in division (C)(2) of this section, the	370
superintendent of the bureau of criminal identification and	371
investigation shall conduct a criminal records check in the manner	372
described in division (B) of this section to determine whether any	373
information exists that indicates that the person who is the	374
subject of the request previously has been convicted of or pleaded	375
guilty to any criminal offense under any existing or former law of	376
this state, any other state, or the United States.	377

(15) Not later than thirty days after the date the	378
superintendent receives a request of a type described in division	379
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	380
(12), or (14) of this section, the completed form, and the	381
fingerprint impressions, the superintendent shall send the	382
person, board, or entity that made the request any information,	383
other than information the dissemination of which is prohibited	384
by federal law, the superintendent determines exists with respect	385
to the person who is the subject of the request that indicates	386
that the person previously has been convicted of or pleaded	387
guilty to any offense listed or described in division (A)(1),	388
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	389
(14) of this section, as appropriate. The superintendent shall	390
send the person, board, or entity that made the request a copy of	391
the list of offenses specified in division (A)(1), (2), (3), (4),	392
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	393
section, as appropriate. If the request was made under section	394
3701.881 of the Revised Code with regard to an applicant who may	395
be both responsible for the care, custody, or control of a child	396
and involved in providing direct care to an older adult, the	397
superintendent shall provide a list of the offenses specified in	398
divisions (A)(4) and (6) of this section.	399

Not later than thirty days after the superintendent receives	400
a request for a criminal records check pursuant to section 113.041	401
of the Revised Code, the completed form, and the fingerprint	402
impressions, the superintendent shall send the treasurer of state	403
any information, other than information the dissemination of which	404
is prohibited by federal law, the superintendent determines exist	405
with respect to the person who is the subject of the request that	406
indicates that the person previously has been convicted of or	407
pleaded guilty to any criminal offense in this state or any other	408
state.	409

(B) The superintendent shall conduct any criminal records	410
check requested under section 113.041, 121.08, 173.27, 173.394,	411
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	412
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	413
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	414
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	415
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	416
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	417
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	418
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	419
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	420
5153.111 of the Revised Code as follows:	421

(1) The superintendent shall review or cause to be reviewed	422
any relevant information gathered and compiled by the bureau under	423
division (A) of section 109.57 of the Revised Code that relates to	424
the person who is the subject of the request, including, if the	425
criminal records check was requested under section 113.041,	426
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	427
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	428
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	429
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	430
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	431
the Revised Code, any relevant information contained in records	432
that have been sealed under section 2953.32 of the Revised Code;	433

(2) If the request received by the superintendent asks for	434
information from the federal bureau of investigation, the	435
superintendent shall request from the federal bureau of	436
investigation any information it has with respect to the person	437
who is the subject of the request, including fingerprint-based	438
checks of national crime information databases as described in 42	439
U.S.C. 671 if the request is made pursuant to section 2151.86,	440
5104.012, or 5104.013 of the Revised Code or if any other Revised	441
Code section requires fingerprint-based checks of that nature, and	442
shall review or cause to be reviewed any information the	443
superintendent receives from that bureau.	444

(3) The superintendent or the superintendent's designee may	445
request criminal history records from other states or the federal	446
government pursuant to the national crime prevention and privacy	447
compact set forth in section 109.571 of the Revised Code.	448

(C)(1) The superintendent shall prescribe a form to obtain	449
the information necessary to conduct a criminal records check from	450
any person for whom a criminal records check is requested under	451
section 113.041 of the Revised Code or required by section	452
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	453
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	454
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	455
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	456
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	457
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	458
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	459
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	460
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	461
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	462
that the superintendent prescribes pursuant to this division may	463
be in a tangible format, in an electronic format, or in both	464
tangible and electronic formats.	465

(2) The superintendent shall prescribe standard impression	466
sheets to obtain the fingerprint impressions of any person for	467
whom a criminal records check is requested under section 113.041	468
of the Revised Code or required by section 121.08, 173.27,	469
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	470
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	471
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	472
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	473
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	474
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	475
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	476
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	477
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	478
5126.281, or 5153.111 of the Revised Code. Any person for whom a	479
records check is requested under or required by any of those	480
sections shall obtain the fingerprint impressions at a county	481
sheriff's office, municipal police department, or any other	482
entity with the ability to make fingerprint impressions on the	483
standard impression sheets prescribed by the superintendent. The	484
office, department, or entity may charge the person a reasonable	485
fee for making the impressions. The standard impression sheets the	486
superintendent prescribes pursuant to this division may be in a	487
tangible format, in an electronic format, or in both tangible and	488
electronic formats.	489

(3) Subject to division (D) of this section, the	490
superintendent shall prescribe and charge a reasonable fee for	491
providing a criminal records check requested under section	492
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	493
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	494
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	495
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	496
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	497
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	498
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	499
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	500
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	501
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	502
Revised Code. The person making a criminal records request	503
under any of those sections shall pay the fee prescribed	504
pursuant to this division. A person making a request under	505
section 3701.881 of the Revised Code for a criminal records	506
check for an applicant who may be both responsible for the care,	507
custody, or control of a child and involved in providing direct	508
care to an older adult shall pay one fee for the request. In the	509
case of a request under section 1121.23, 1155.03, 1163.05,	510
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	511
the fee shall be paid in the manner specified in that section.	512

(4) The superintendent of the bureau of criminal	513
identification and investigation may prescribe methods of	514
forwarding fingerprint impressions and information necessary to	515
conduct a criminal records check, which methods shall include, but	516
not be limited to, an electronic method.	517

(D) A determination whether any information exists that	518
indicates that a person previously has been convicted of or	519
pleaded guilty to any offense listed or described in division	520
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	521
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	522
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	523
this section, or that indicates that a person previously has	524
been convicted of or pleaded guilty to any criminal offense in	525
this state or any other state regarding a criminal records check	526
of a type described in division (A)(13) of this section, and	527
that is made by the superintendent with respect to information	528
considered in a criminal records check in accordance with this	529
section is valid for the person who is the subject of the	530
criminal records check for a period of one year from the date	531
upon which the superintendent makes the determination. During the	532
period in which the determination in regard to a person is valid,	533
if another request under this section is made for a criminal	534
records check for that person, the superintendent shall provide	535
the information that is the basis for the superintendent's	536
initial determination at a lower fee than the fee prescribed for	537
the initial criminal records check.	538

(E) As used in this section:

539

(1) "Criminal records check" means any criminal records check	540
conducted by the superintendent of the bureau of criminal	541
identification and investigation in accordance with division (B)	542
of this section.	543

(2) "Minor drug possession offense" has the same meaning as	544
in section 2925.01 of the Revised Code.	545

(3) "Older adult" means a person age sixty or older.

546

(4) "OVI or OVUAC violation" means a violation of section	547
4511.19 of the Revised Code or a violation of an existing or	548
former law of this state, any other state, or the United States	549
that is substantially equivalent to section 4511.19 of the Revised	550
Code.	551

Sec. 2929.12.  (A) Unless otherwise required by section	552
2929.13 or 2929.14 of the Revised Code or unless a specific	553
sanction is required to be imposed or is precluded from being	554
imposed by any provision of sections 2951.042 to 2951.045 of the	555
Revised Code, a court that imposes a sentence under this chapter	556
upon an offender for a felony has discretion to determine the most	557
effective way to comply with the purposes and principles of	558
sentencing set forth in section 2929.11 of the Revised Code. In	559
exercising that discretion, the court shall consider the factors	560
set forth in divisions (B) and (C) of this section relating to the	561
seriousness of the conduct and the factors provided in divisions	562
(D) and (E) of this section relating to the likelihood of the	563
offender's recidivism and, in addition, may consider any other	564
factors that are relevant to achieving those purposes and	565
principles of sentencing.	566

(B) The sentencing court shall consider all of the following	567
that apply regarding the offender, the offense, or the victim, and	568
any other relevant factors, as indicating that the offender's	569
conduct is more serious than conduct normally constituting the	570
offense:	571

(1) The physical or mental injury suffered by the victim of	572
the offense due to the conduct of the offender was exacerbated	573
because of the physical or mental condition or age of the victim.	574

(2) The victim of the offense suffered serious physical,	575
psychological, or economic harm as a result of the offense.	576

(3) The offender held a public office or position of trust in	577
the community, and the offense related to that office or position.	578

(4) The offender's occupation, elected office, or profession	579
obliged the offender to prevent the offense or bring others	580
committing it to justice.	581

(5) The offender's professional reputation or occupation,	582
elected office, or profession was used to facilitate the offense	583
or is likely to influence the future conduct of others.	584

(6) The offender's relationship with the victim facilitated	585
the offense.	586

(7) The offender committed the offense for hire or as a part	587
of an organized criminal activity.	588

(8) In committing the offense, the offender was motivated by	589
prejudice based on race, ethnic background, gender, sexual	590
orientation, or religion.	591

(9) If the offense is a violation of section 2919.25 or a	592
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	593
Code involving a person who was a family or household member at	594
the time of the violation, the offender committed the offense in	595
the vicinity of one or more children who are not victims of the	596
offense, and the offender or the victim of the offense is a	597
parent, guardian, custodian, or person in loco parentis of one or	598
more of those children.	599

(C) The sentencing court shall consider all of the following	600
that apply regarding the offender, the offense, or the victim, and	601
any other relevant factors, as indicating that the offender's	602
conduct is less serious than conduct normally constituting the	603
offense:	604

(1) The victim induced or facilitated the offense.

605

(2) In committing the offense, the offender acted under	606
strong provocation.	607

(3) In committing the offense, the offender did not cause or	608
expect to cause physical harm to any person or property.	609

(4) There are substantial grounds to mitigate the offender's	610
conduct, although the grounds are not enough to constitute a	611
defense.	612

(D) The sentencing court shall consider all of the following	613
that apply regarding the offender, and any other relevant factors,	614
as factors indicating that the offender is likely to commit future	615
crimes:	616

(1) At the time of committing the offense, the offender was	617
under release from confinement before trial or sentencing, under a	618
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18	619
of the Revised Code, or under post-release control pursuant to	620
section 2967.28 or any other provision of the Revised Code for an	621
earlier offense or had been unfavorably terminated from	622
post-release control for a prior offense pursuant to division (B)	623
of section 2967.16 or section 2929.141 of the Revised Code.	624

(2) The offender previously was adjudicated a delinquent	625
child pursuant to Chapter 2151. of the Revised Code prior to	626
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code,	627
or the offender has a history of criminal convictions.	628

(3) The offender has not been rehabilitated to a satisfactory	629
degree after previously being adjudicated a delinquent child	630
pursuant to Chapter 2151. of the Revised Code prior to January 1,	631
2002, or pursuant to Chapter 2152. of the Revised Code, or the	632
offender has not responded favorably to sanctions previously	633
imposed for criminal convictions.	634

(4) The offender has demonstrated a pattern of drug or	635
alcohol abuse that is related to the offense, and the offender	636
refuses to acknowledge that the offender has demonstrated that	637
pattern, or the offender refuses treatment for the drug or alcohol	638
abuse.	639

(5) The offender shows no genuine remorse for the offense.

640

(E) The sentencing court shall consider all of the following	641
that apply regarding the offender, and any other relevant factors,	642
as factors indicating that the offender is not likely to commit	643
future crimes:	644

(1) Prior to committing the offense, the offender had not	645
been adjudicated a delinquent child.	646

(2) Prior to committing the offense, the offender had not	647
been convicted of or pleaded guilty to a criminal offense.	648

(3) Prior to committing the offense, the offender had led a	649
law-abiding life for a significant number of years.	650

(4) The offense was committed under circumstances not likely	651
to recur.	652

(5) The offender shows genuine remorse for the offense.

653

Sec. 2929.22.  (A) Unless a mandatory jail term is required	654
to be imposed by division (G) of section 1547.99, division (B) of	655
section 4510.14, division (G) of section 4511.19 of the Revised	656
Code, or any other provision of the Revised Code or unless a	657
specific sanction is required to be imposed or is precluded from	658
being imposed by any provision of sections 2951.042 to 2951.045 of	659
the Revised Code, a court that imposes a sentence under this	660
chapter upon an offender for a misdemeanor or minor misdemeanor	661
has discretion to determine the most effective way to achieve the	662
purposes and principles of sentencing set forth in section 2929.21	663
of the Revised Code.	664

Unless a specific sanction is required to be imposed or is	665
precluded from being imposed by the section setting forth an	666
offense or the penalty for an offense or, by any provision of	667
sections 2929.23 to 2929.28 of the Revised Code, or by any	668
provision of sections 2951.042 to 2951.045 of the Revised Code, a	669
court that imposes a sentence upon an offender for a misdemeanor	670
may impose on the offender any sanction or combination of	671
sanctions under sections 2929.24 to 2929.28 of the Revised Code.	672
The court shall not impose a sentence that imposes an unnecessary	673
burden on local government resources.	674

(B)(1) In determining the appropriate sentence for a	675
misdemeanor, the court shall consider all of the following	676
factors:	677

(a) The nature and circumstances of the offense or offenses;

678

(b) Whether the circumstances regarding the offender and the	679
offense or offenses indicate that the offender has a history of	680
persistent criminal activity and that the offender's character and	681
condition reveal a substantial risk that the offender will commit	682
another offense;	683

(c) Whether the circumstances regarding the offender and the	684
offense or offenses indicate that the offender's history,	685
character, and condition reveal a substantial risk that the	686
offender will be a danger to others and that the offender's	687
conduct has been characterized by a pattern of repetitive,	688
compulsive, or aggressive behavior with heedless indifference to	689
the consequences;	690

(d) Whether the victim's youth, age, disability, or other	691
factor made the victim particularly vulnerable to the offense or	692
made the impact of the offense more serious;	693

(e) Whether the offender is likely to commit future crimes in	694
general, in addition to the circumstances described in divisions	695
(B)(1)(b) and (c) of this section.	696

(2) In determining the appropriate sentence for a	697
misdemeanor, in addition to complying with division (B)(1) of this	698
section, the court may consider any other factors that are	699
relevant to achieving the purposes and principles of sentencing	700
set forth in section 2929.21 of the Revised Code.	701

(C) Before imposing a jail term as a sentence for a	702
misdemeanor, a court shall consider the appropriateness of	703
imposing a community control sanction or a combination of	704
community control sanctions under sections 2929.25, 2929.26,	705
2929.27, and 2929.28 of the Revised Code. A court may impose the	706
longest jail term authorized under section 2929.24 of the Revised	707
Code only upon offenders who commit the worst forms of the offense	708
or upon offenders whose conduct and response to prior sanctions	709
for prior offenses demonstrate that the imposition of the longest	710
jail term is necessary to deter the offender from committing a	711
future crime.	712

(D)(1) A sentencing court shall consider any relevant oral or	713
written statement made by the victim, the defendant, the defense	714
attorney, or the prosecuting authority regarding sentencing for a	715
misdemeanor. This division does not create any rights to notice	716
other than those rights authorized by Chapter 2930. of the Revised	717
Code.	718

(2) At the time of sentencing for a misdemeanor or as soon as	719
possible after sentencing, the court shall notify the victim of	720
the offense of the victim's right to file an application for an	721
award of reparations pursuant to sections 2743.51 to 2743.72 of	722
the Revised Code.	723

Sec. 2951.041.  (A)(1) If an offender is charged with a	724
criminal offense and the court has reason to believe that drug or	725
alcohol usage by the offender was a factor leading to the	726
offender's criminal behavior, the court may accept, prior to the	727
entry of a guilty plea, the offender's request for intervention in	728
lieu of conviction. The request shall include a waiver of the	729
defendant's right to a speedy trial, the preliminary hearing, the	730
time period within which the grand jury may consider an indictment	731
against the offender, and arraignment, unless the hearing,	732
indictment, or arraignment has already occurred. The court may	733
reject an offender's request without a hearing. If the court	734
elects to consider an offender's request, the court shall conduct	735
a hearing to determine whether the offender is eligible under this	736
section for intervention in lieu of conviction and shall stay all	737
criminal proceedings pending the outcome of the hearing. If the	738
court schedules a hearing, the court shall order an assessment of	739
the offender for the purpose of determining the offender's	740
eligibility for intervention in lieu of conviction and	741
recommending an appropriate intervention plan. Intervention in	742
lieu of conviction under this section is separate from, and	743
independent of, drug treatment intervention under sections	744
2951.042 to 2951.045 of the Revised Code.	745

(2) The victim notification provisions of division (C) of	746
section 2930.08 of the Revised Code apply in relation to any	747
hearing held under division (A)(1) of this section.	748

(B) An offender is eligible for intervention in lieu of	749
conviction under this section if the court finds all of the	750
following:	751

(1) The offender previously has not been convicted of or	752
pleaded guilty to a felony, previously has not been through	753
intervention in lieu of conviction under this section or any	754
similar regimen, and is charged with a felony for which the	755
court, upon conviction, would impose sentence under division	756
(B)(2)(b) of section 2929.13 of the Revised Code or with a	757
misdemeanor.	758

(2) The offense is not a felony of the first, second, or	759
third degree, is not an offense of violence, is not a violation of	760
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	761
not a violation of division (A)(1) of section 2903.08 of the	762
Revised Code, is not a violation of division (A) of section	763
4511.19 of the Revised Code or a municipal ordinance that is	764
substantially similar to that division, and is not an offense for	765
which a sentencing court is required to impose a mandatory prison	766
term, a mandatory term of local incarceration, or a mandatory term	767
of imprisonment in a jail.	768

(3) The offender is not charged with a violation of section	769
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	770
not charged with a violation of section 2925.11 of the Revised	771
Code that is a felony of the first, second, or third degree.	772

(4) The offender is not charged with a violation of section	773
2925.11 of the Revised Code that is a felony of the fourth degree,	774
or the offender is charged with a violation of that section that	775
is a felony of the fourth degree and the prosecutor in the case	776
has recommended that the offender be classified as being eligible	777
for intervention in lieu of conviction under this section.	778

(5) The offender has been assessed by an appropriately	779
licensed provider, certified facility, or licensed and	780
credentialed professional, including, but not limited to, a	781
program licensed by the department of alcohol and drug addiction	782
services pursuant to section 3793.11 of the Revised Code, a	783
program certified by that department pursuant to section 3793.06	784
of the Revised Code, a public or private hospital, the United	785
States department of veterans affairs, another appropriate agency	786
of the government of the United States, or a licensed physician,	787
psychiatrist, psychologist, independent social worker,	788
professional counselor, or chemical dependency counselor for the	789
purpose of determining the offender's eligibility for intervention	790
in lieu of conviction under this section and recommending an	791
appropriate intervention plan.	792

(6) The offender's drug or alcohol usage was a factor leading	793
to the criminal offense with which the offender is charged,	794
intervention in lieu of conviction under this section would not	795
demean the seriousness of the offense, and intervention would	796
substantially reduce the likelihood of any future criminal	797
activity.	798

(7) The alleged victim of the offense was not sixty-five	799
years of age or older, permanently and totally disabled, under	800
thirteen years of age, or a peace officer engaged in the officer's	801
official duties at the time of the alleged offense.	802

(8) If the offender is charged with a violation of section	803
2925.24 of the Revised Code, the alleged violation did not result	804
in physical harm to any person, and the offender previously has	805
not been treated for drug abuse.	806

(9) The offender is willing to comply with all terms and	807
conditions imposed by the court pursuant to division (D) of this	808
section.	809

(10) If the offender is charged with an illegal possession or	810
use of a controlled substance offense, as defined in section	811
2951.042 of the Revised Code, the offender has not made a request	812
for drug treatment intervention under that section regarding that	813
offense.	814

(C) At the conclusion of a hearing held pursuant to division	815
(A) of this section, the court shall enter its determination as to	816
whether the offender is eligible for intervention in lieu of	817
conviction under this section and as to whether to grant the	818
offender's request. If the court finds under division (B) of this	819
section that the offender is eligible for intervention in lieu of	820
conviction under this section and grants the offender's request,	821
the court shall accept the offender's plea of guilty and waiver of	822
the defendant's right to a speedy trial, the preliminary hearing,	823
the time period within which the grand jury may consider an	824
indictment against the offender, and arraignment, unless the	825
hearing, indictment, or arraignment has already occurred. In	826
addition, the court then may stay all criminal proceedings and	827
order the offender to comply with all terms and conditions imposed	828
by the court pursuant to division (D) of this section. If the	829
court finds that the offender is not eligible or does not grant	830
the offender's request, the criminal proceedings against the	831
offender shall proceed as if the offender's request for	832
intervention in lieu of conviction under this section had not	833
been made.	834

(D) If the court grants an offender's request for	835
intervention in lieu of conviction under this section, the court	836
shall place the offender under the general control and supervision	837
of the county probation department, the adult parole authority, or	838
another appropriate local probation or court services agency, if	839
one exists, as if the offender was subject to a community control	840
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	841
Revised Code. The court shall establish an intervention plan for	842
the offender. The terms and conditions of the intervention plan	843
shall require the offender, for at least one year from the date on	844
which the court grants the order of intervention in lieu of	845
conviction under this section, to abstain from the use of illegal	846
drugs and alcohol, to participate in treatment and recovery	847
support services, and to submit to regular random testing for	848
drug and alcohol use and may include any other treatment terms	849
and conditions, or terms and conditions similar to community	850
control sanctions, which may include community service or	851
restitution, that are ordered by the court.	852

(E) If the court grants an offender's request for	853
intervention in lieu of conviction under this section and the	854
court finds that the offender has successfully completed the	855
intervention plan for the offender, including the requirement that	856
the offender abstain from using drugs and alcohol for a period of	857
at least one year from the date on which the court granted the	858
order of intervention in lieu of conviction and all other terms	859
and conditions ordered by the court, the court shall dismiss the	860
proceedings against the offender. Successful completion of the	861
intervention plan and period of abstinence under this section	862
shall be without adjudication of guilt and is not a criminal	863
conviction for purposes of any disqualification or disability	864
imposed by law and upon conviction of a crime, and the court may	865
order the sealing of records related to the offense in question in	866
the manner provided in sections 2953.31 to 2953.36 of the Revised	867
Code.	868

(F) If the court grants an offender's request for	869
intervention in lieu of conviction under this section and the	870
offender fails to comply with any term or condition imposed as	871
part of the intervention plan for the offender, the supervising	872
authority for the offender promptly shall advise the court of this	873
failure, and the court shall hold a hearing to determine whether	874
the offender failed to comply with any term or condition imposed	875
as part of the plan. If the court determines that the offender has	876
failed to comply with any of those terms and conditions, it shall	877
enter a finding of guilty and shall impose an appropriate sanction	878
under Chapter 2929. of the Revised Code. If the court sentences	879
the offender to a prison term, the court, after consulting with	880
the department of rehabilitation and correction regarding the	881
availability of services, may order continued court-supervised	882
activity and treatment of the offender during the prison term and,	883
upon consideration of reports received from the department	884
concerning the offender's progress in the program of activity and	885
treatment, may consider judicial release under section 2929.20 of	886
the Revised Code.	887

(G) As used in this section:

888

(1) "Community control sanction" has the same meaning as in	889
section 2929.01 of the Revised Code.	890

(2) "Intervention in lieu of conviction" means any	891
court-supervised activity that complies with this section.	892

(3) "Peace officer" has the same meaning as in section	893
2935.01 of the Revised Code.	894

Sec. 2951.042. (A) As used in sections 2951.042 to 2951.045	895
of the Revised Code:	896

(1) "Controlled substance" has the same meaning as in section	897
3719.01 of the Revised Code.	898

(2) "First- or second-time offender" means any of the	899
following:	900

(a) A person who, on or after the effective date of this	901
section, is charged with, has been convicted of, or has pleaded	902
guilty to an illegal possession or use of a controlled substance	903
offense and who is not a repeat offender.	904

(b) A person who, on the effective date of this section, is	905
out of custody and on probation or under a community control	906
sanction for an illegal possession or use of a controlled	907
substance offense, who is not a repeat offender as determined in	908
relation to that illegal possession or use of a controlled	909
substance offense, and who, on or after the effective date of this	910
section, commits a drug-related violation of the terms or	911
conditions of the probation or sanction.	912

(3) "Illegal possession or use of a controlled substance	913
offense" means a violation of a provision of the Revised Code or a	914
municipal ordinance that prohibits any of the following:	915

(a) Having, holding, controlling, obtaining, or storing a	916
quantity of a controlled substance that the court with	917
jurisdiction over the charge of the violation determines to be	918
consistent with personal consumption or use;	919

(b) Consuming, using, or being under the influence of a	920
controlled substance;	921

(c) Any other act not described in division (A)(3)(a) or (b)	922
of this section that is incidental to drug possession or use and	923
that does not involve causing or threatening to cause physical	924
harm to another, including possession of drug paraphernalia,	925
purchase of a controlled substance, or transportation of a	926
controlled substance, when the other act is merely an extension of	927
possession for personal use.	928

(4) "Not amenable to treatment" means that one or more of the	929
following apply to a person:	930

(a) The person has repeatedly committed serious violations of	931
treatment program rules that inhibit the person's ability to	932
function in the treatment program.	933

(b) The person has continually refused to participate in a	934
treatment program.	935

(c) The person has asked to be removed from a treatment plan	936
adopted by the court.	937

(5) "Objective data" means confidential drug and alcohol	938
treatment information that is specific and quantified, such as	939
attendance records, drug test results, and progress reports.	940
"Objective data" does not include confidential communications made	941
by a patient to a treatment provider or program in the course of	942
diagnosis, treatment, or referral for treatment for drug or	943
alcohol abuse.	944

(6) "Offender" means any of the following:

945

(a) A person who has been convicted of or pleaded guilty to	946
an illegal possession or use of a controlled substance offense;	947

(b) A person who has been charged with an illegal possession	948
or use of a controlled substance offense, but who has not been	949
convicted of or pleaded guilty to that offense;	950

(c) A person who is out of custody and on probation or under	951
a community control sanction for an illegal possession or use of a	952
controlled substance offense and who commits a drug-related	953
violation of the terms or conditions of the probation or sanction.	954

(7) "Preliminary confidentiality waiver" means an offender's	955
written consent for limited disclosure of information to the	956
involved court by a qualified treatment professional to be	957
designated by the court, as necessary to and as provided for in	958
(C)(4) of this section for the assessment of the offender and the	959
creation of a treatment plan for the offender, which written	960
consent shall be governed by, and in a form that satisfies the	961
requirements of, federal and state laws and regulations protecting	962
the confidentiality of drug and alcohol abuse treatment	963
information.	964

(8) "Qualified treatment professional" means an individual	965
who is appropriately credentialed by certification or licensing,	966
who has specialized knowledge, skill, experience, training, or	967
education in the areas of mental health, substance abuse, or	968
addiction therapy, and who has the expertise needed to conduct the	969
addiction and life skills assessments necessary to determine an	970
offender's suitability to one or more forms of treatment and to	971
recommend an appropriate treatment plan or serve as an independent	972
monitor of an offender's treatment plan.	973

(9) "Repeat offender" means a person who, on or after the	974
effective date of this section, is charged with, has been	975
convicted of, or has pleaded guilty to an illegal possession or	976
use of a controlled substance offense and to whom one or both of	977
the following apply:	978

(a) Within five years of the offense, the person previously	979
has been convicted of or pleaded guilty to two or more illegal	980
possession or use of a controlled substance offenses.	981

(b) Within five years of the offense, the person previously	982
has participated in two or more courses of treatment under this	983
section and sections 2951.043 to 2951.045 of the Revised Code.	984

(10) "Request for drug treatment intervention" or "request"	985
means a motion filed by an offender under this section that	986
satisfies all of the criteria specified in division (C) of this	987
section.	988

(11) "Treatment program" and "treatment" mean a treatment	989
program, rehabilitation program, or treatment and rehabilitation	990
program, or set of programs, designed to reduce or eliminate	991
substance abuse or drug dependency and to increase employability	992
and that is appropriately licensed, certified, or licensed and	993
certified. The program or set of programs may include outpatient	994
treatment, half-way house treatment, sober living environments,	995
narcotic replacement therapy, drug education or prevention	996
courses, or limited inpatient or residential drug treatment as	997
needed to address special detoxification or relapse situations or	998
severe dependence. The program or set of programs shall include,	999
as the involved court determines appropriate, access to vocational	1000
training, literacy training, family counseling, mental health	1001
services, or similar support services. A United States veterans'	1002
administration treatment facility may serve as a treatment program	1003
for an appropriate offender, irrespective of state licensure or	1004
certification. "Treatment program" and "treatment" do not include	1005
programs offered to a person in a prison or jail facility or in	1006
another form of incarceration.	1007

(12) "Treatment provider" means an appropriately licensed,	1008
certified, or licensed and certified provider or facility, or an	1009
appropriately licensed and credentialed professional, that is	1010
recognized by the lead agency and that provides a treatment	1011
program or treatment.	1012

(13) "Violent felony" means any felony that includes as one	1013
or more elements of the offense that the offender has caused or	1014
threatened to cause physical harm to any person.	1015

(14) "Community-based correctional facility," "community	1016
control sanction," "halfway house," "jail," "jail term," "prison,"	1017
and "prison term" have the same meanings as in section 2929.01 of	1018
the Revised Code.	1019

(15) "Municipal OVI offense" has the same meaning as in	1020
section 4511.181 of the Revised Code.	1021

(B)(1) A first- or second-time offender is eligible for drug	1022
treatment intervention under this section if the court finds all	1023
of the following:	1024

(a) The offender is charged with an illegal possession or use	1025
of a controlled substance offense.	1026

(b) The offender has not been convicted of, pleaded guilty	1027
to, or served a jail term or prison term for a violent felony	1028
within five years of committing the current offense.	1029

(c) The offender has not been sentenced to a jail term,	1030
prison term, or community control sanction that would interfere	1031
with the offender's participation in the treatment plan.	1032

(d) In the same proceeding in which the offender requests the	1033
drug treatment intervention under this section, the offender is	1034
not charged with, is not convicted of, and does not plead guilty	1035
to any of the following:	1036

(i) Any felony other than an illegal possession or use of a	1037
controlled substance offense, any misdemeanor offense involving	1038
theft, or any misdemeanor offense that involved causing or	1039
threatening to cause physical harm to another;	1040

(ii) A violation of a section of the Revised Code or a	1041
municipal ordinance that involved the trafficking, sale, or	1042
manufacture of a controlled substance;	1043

(iii) A violation of a section of the Revised Code or a	1044
municipal ordinance that involved the possession of a controlled	1045
substance and either the intent to traffic in, sell, or	1046
manufacture a controlled substance or the purpose of trafficking	1047
in, selling, or manufacturing a controlled substance;	1048

(iv) A violation of section 4511.19 of the Revised Code or a	1049
municipal OVI offense.	1050

(2) A repeat offender is eligible for drug treatment	1051
intervention under this section if the court finds both of the	1052
following:	1053

(a) The offender satisfies all of the eligibility	1054
requirements of division (B)(1) of this section.	1055

(b) Treatment is in the best interests of the offender and	1056
the public.	1057

(3) If an offender does not qualify under division (B)(1) or	1058
(2) of this section for drug treatment intervention under this	1059
section solely due to the offender's failure to satisfy the	1060
eligibility requirement of division (B)(1)(d)(i) of this section,	1061
the court nonetheless may find the offender eligible for drug	1062
treatment intervention under this section if the court finds all	1063
of the following:	1064

(a) The offense or offenses that disqualify the offender	1065
under division (B)(1)(d)(i) of this section do not include a	1066
violent felony or a misdemeanor offense that involved causing or	1067
threatening to cause physical harm to another.	1068

(b) The offense or offenses that disqualify the offender	1069
under division (B)(1)(d)(i) of this section resulted from the	1070
offender's drug abuse or addiction.	1071

(c) Treatment of the offender is in the best interests of the	1072
offender and the public.	1073

(d) The prosecuting attorney has not proved that the offender	1074
poses a danger to the safety of others.	1075

(C)(1) An offender who is charged with an illegal possession	1076
or use of a controlled substance offense may file a request for	1077
drug treatment intervention under this section. An offender who	1078
has been convicted of or pleaded guilty to an illegal possession	1079
or use of a controlled substance offense, but upon whom sentence	1080
has not yet been imposed, also may file a request for drug	1081
treatment intervention under this section. The request shall	1082
include a waiver of the offender's right to a speedy trial and a	1083
waiver of the offender's right to a preliminary hearing, the time	1084
period within which the grand jury may consider an indictment	1085
against the offender, and arraignment unless the hearing,	1086
indictment, or arraignment already has occurred.	1087

(2) Upon receiving from an offender a request for drug	1088
treatment intervention under this section, the court shall stay	1089
all criminal proceedings related to the involved illegal	1090
possession or use of a controlled substance offense pending the	1091
court's entry of its final determination as to whether the	1092
offender is eligible under this section for treatment. The court	1093
shall make an initial determination as to whether the offender is	1094
eligible for drug treatment intervention under this section within	1095
three days of receiving the request. The court may make this	1096
initial determination with or without a hearing.	1097

(3) If the court makes an initial determination under	1098
division (C)(2) of this section that an offender is not eligible	1099
for drug treatment intervention under this section and makes the	1100
determination without a hearing, the offender, within three days	1101
of that initial determination, may request a hearing to be	1102
conducted before the determination becomes final. If the offender	1103
requests a hearing, the court shall conduct a hearing within seven	1104
days of the request and within three days after the conclusion of	1105
the hearing shall enter its final determination as to whether the	1106
offender is eligible for drug treatment intervention under this	1107
section. If the offender does not request a hearing within three	1108
days of the initial determination, the initial determination	1109
becomes final.	1110

(4) If the court makes a final determination under division	1111
(C)(3) of this section that an offender is eligible for drug	1112
treatment intervention under this section, the court shall demand	1113
from the offender a written commitment to proceed with an	1114
assessment by a qualified treatment professional and a preliminary	1115
confidentiality waiver executed by the offender. A preliminary	1116
confidentiality document executed by an offender is nonrevocable.	1117
After the court makes the demand, one of the following applies:	1118

(a) If the offender provides the documents demanded by the	1119
court, the court shall do all of the following:	1120

(i) Accept the offender's request;

1121

(ii) Stay all criminal proceedings, including sentencing,	1122
that relate to the illegal possession or use of a controlled	1123
substance offense;	1124

(iii) Order the release of the offender if the offender is in	1125
custody due to the stayed criminal proceedings, provided that the	1126
court may order this release into a residential treatment facility	1127
for a period not to exceed seven days for the purpose of	1128
conducting the assessment of the offender under division	1129
(C)(4)(a)(iv) of this section. No court that accepts an offender's	1130
request for drug treatment intervention under this section shall	1131
sentence the offender to a jail term, prison term, residential	1132
community control sanction, or term of incarceration unless the	1133
offender is removed from treatment under division (B) of section	1134
2951.044 of the Revised Code.	1135

(iv) Designate a qualified treatment professional and order	1136
that designated professional to assess the offender for the	1137
purposes of determining the offender's addiction severity and	1138
treatment needs, determining the types of drug treatment and	1139
social services that might be appropriate for the offender, and	1140
recommending an appropriate treatment plan. The qualified	1141
treatment professional shall report the results of the assessment	1142
and make the recommendations to the court within seven days of the	1143
order, except that, if the qualified treatment professional	1144
notifies the court that additional time is required, the court may	1145
grant the qualified treatment professional additional time to	1146
report the results and make the recommendations.	1147

(b) If the offender fails to provide the documents demanded	1148
by the court within a reasonable period of time as determined by	1149
the court, the offender's request for drug treatment intervention	1150
under this section may be deemed withdrawn, and the criminal	1151
proceedings against the offender may resume. If an offender is	1152
determined to be eligible for drug treatment intervention under	1153
this section but the offender's request is withdrawn pursuant to	1154
this division, and if the offender is convicted of or pleads	1155
guilty to the illegal possession or use of a controlled substance	1156
offense, the offender shall be sentenced for that offense,	1157
notwithstanding the provisions of sections 2929.11 to 2929.28 of	1158
the Revised Code, to a jail term or term in a community-based	1159
correctional facility of not more than ninety days.	1160

(5) If the court makes a final determination under division	1161
(C)(3) of this section that the offender is not eligible for drug	1162
treatment intervention under this section, the court shall resume	1163
the criminal proceedings against the offender as if the offender's	1164
request for drug treatment intervention had not been made, except	1165
that both of the following shall apply:	1166

(a) The time within which the trial must be conducted is	1167
tolled for a number of days equal to the number of days between	1168
the day the request was made and the day the court's determination	1169
that the offender is not eligible becomes final.	1170

(b) If the offender is a repeat offender who satisfies all of	1171
the eligibility requirements of division (B)(1) of this section	1172
and if the offender is convicted of or pleads guilty to the	1173
illegal possession or use of a controlled substance offense,	1174
notwithstanding the provisions of sections 2929.11 to 2929.28 of	1175
the Revised Code, the court shall not sentence the offender to a	1176
prison term for that offense and may sentence the offender for	1177
that offense to a jail term or term in a community-based	1178
corrections facility that shall not exceed ninety days.	1179

(D)(1) Nothing in this section or in sections 2951.043 to	1180
2951.045 of the Revised Code limits or prohibits the application	1181
of any other provision of law regarding treatment, treatment in	1182
lieu of conviction, or intervention in lieu of conviction for	1183
persons who are not otherwise eligible for drug treatment	1184
intervention under this section.	1185

(2) If a person who files a request for drug treatment	1186
intervention under this section has been convicted of or pleaded	1187
guilty to, or subsequently is convicted of or pleads guilty to, an	1188
illegal possession or use of a controlled substance offense that	1189
is the basis of the request, nothing in this section or in	1190
sections 2951.043 to 2951.045 of the Revised Code limits or	1191
prohibits a court that is sentencing the person for that offense	1192
from imposing upon the person a financial sanction or a	1193
nonresidential community control sanction under sections 2929.11	1194
to 2929.28 of the Revised Code, unless the sanction clearly is	1195
inconsistent with the provisions of this section or sections	1196
2951.043 to 2951.045 of the Revised Code.	1197

Sec. 2951.043. If the court grants an offender's request for	1198
drug treatment intervention under section 2951.042 of the Revised	1199
Code, all of the following apply:	1200

(A) The qualified treatment professional designated by the	1201
court under division (C)(4) of section 2951.042 of the Revised	1202
Code, after conducting an assessment of the offender, shall do all	1203
of the following:	1204

(1) Prepare and submit to the court a treatment plan that	1205
does all of the following:	1206

(a) Proposes the type and duration of the treatment program	1207
or programs that the offender shall receive, which duration shall	1208
not exceed twelve months;	1209

(b) Proposes methods of monitoring the offender's progress	1210
while in treatment.	1211

(2) Submit with the court, along with the treatment plan	1212
submitted under division (A)(1) of this section, a list of	1213
treatment providers capable of administering the proposed	1214
treatment program or programs.	1215

(B) The court shall review the treatment plan submitted under	1216
division (A) of this section and shall adopt the treatment plan as	1217
submitted if the court finds that the plan complies with this	1218
section and otherwise is satisfactory. If the treatment plan as	1219
submitted is found to not comply with this section or to be	1220
otherwise unsatisfactory, the court shall request the designated	1221
qualified treatment professional to submit to the court a revised	1222
treatment plan.	1223

(C) From the list of treatment providers submitted by the	1224
qualified treatment professional under division (A)(2) of this	1225
section, the court shall designate an appropriate treatment	1226
provider to administer the treatment plan. The treatment provider	1227
so designated shall provide all services called for in the	1228
treatment plan, or ensure access to any such services that the	1229
provider does not offer. The court may appoint the qualified	1230
treatment professional who submitted the treatment plan as the	1231
treatment provider only if no other treatment provider is	1232
available to administer the treatment plan.	1233

(D) The court shall designate a qualified treatment	1234
professional to serve in a continuing role as an independent	1235
monitor of the offender's progress in treatment. The independent	1236
monitor designated under this division may be the same qualified	1237
treatment professional who assessed the offender. The independent	1238
monitor so designated shall communicate with the offender, the	1239
treatment provider designated under division (C) of this section,	1240
and the court as necessary to do all of the following:	1241

(1) Ensure that the offender is receiving treatment and	1242
rehabilitation services called for in the treatment plan;	1243

(2) Evaluate progress;

1244

(3) Make recommendations to the court on possible changes to	1245
the treatment plan for the offender;	1246

(4) Ensure the appropriate and effective implementation of	1247
the treatment plan.	1248

(E) The court may add reasonable conditions to the offender's	1249
terms of release to ensure compliance with the treatment plan and	1250
other court orders.	1251

(F) The court may require an offender to pay the portion of	1252
the cost of the offender's participation in a treatment plan that	1253
the offender is reasonably able to pay. But, no payment required	1254
under this division shall be so burdensome as to make	1255
participation in a treatment plan inaccessible or be excessive or	1256
punitive in nature.	1257

(G) Except as otherwise provided in this division, the court	1258
shall not require an offender to waive confidentiality of medical	1259
or treatment information as a condition for participating in a	1260
treatment plan. The court may require the offender to give written	1261
consent for the treatment provider to disclose to the court drug	1262
and alcohol abuse treatment information, including objective data	1263
generated during treatment but not including confidential	1264
communications. This written consent is in addition to the	1265
preliminary confidentiality waiver given by the offender under	1266
division (C) of section 2951.042 of the Revised Code regarding the	1267
assessment of the offender under that division and the creation of	1268
a treatment plan for the offender. Any written consent given under	1269
this division is irrevocable and shall be in a form that complies	1270
with the requirements of all applicable federal and state laws and	1271
regulations governing the confidentiality of drug and alcohol	1272
abuse treatment information.	1273

(H) If the offender does not agree to the treatment plan and	1274
the terms and conditions imposed by the court or if, during the	1275
course of the treatment plan, the offender requests to be	1276
withdrawn from the treatment plan, the court may consider the	1277
offender's request for drug treatment intervention under section	1278
2951.042 of the Revised Code withdrawn and may resume the criminal	1279
proceedings against the offender as if the offender's request had	1280
not been made, except that all of the following shall apply:	1281

(1) The time within which the trial must be conducted is	1282
tolled for a number of days equal to the number of days between	1283
the day the request was made and the day the offender's request is	1284
considered to be withdrawn.	1285

(2) No person may use otherwise confidential drug or alcohol	1286
abuse treatment information made available to the court under	1287
division (C) of section 2951.042 of the Revised Code and this	1288
section in any civil or criminal proceeding without the offender's	1289
prior written consent.	1290

(3) If an offender's request for drug treatment intervention	1291
is withdrawn pursuant to this division, and if the offender is	1292
convicted of or pleads guilty to the illegal possession or use of	1293
a controlled substance offense, the court shall sentence the	1294
offender for that offense, notwithstanding the provisions of	1295
sections 2929.11 to 2929.28 of the Revised Code, to a jail term or	1296
term in a community-based correctional facility of not more than	1297
ninety days.	1298

(I) The court shall order the offender to participate in and	1299
cooperate with the treatment program or programs of the designated	1300
treatment provider for the period of time designated in the	1301
treatment plan. The court may extend this period of time only if,	1302
based on information provided by a qualified treatment	1303
professional who has assessed the individual, the court finds by	1304
clear and convincing evidence that an extension of the period is	1305
necessary for treatment to be successful. The court shall not	1306
extend the period of time designated for the treatment plan more	1307
than six months. In no case shall the total length of treatment	1308
required under an extended treatment plan exceed a total of	1309
eighteen months, and in no case shall court supervision of any	1310
offender extend more than ninety days after the end of treatment.	1311

(J) Except as otherwise provided in this division, the court	1312
shall order the offender to appear for treatment according to the	1313
treatment plan not later than fourteen days after the court has	1314
determined the offender to be eligible for drug treatment	1315
intervention under section 2951.042 of the Revised Code. Because	1316
of lack of space or other good cause shown, the court may	1317
authorize an extension of the date for entry into treatment.	1318

Sec. 2951.044. (A)(1)(a) If the court grants an offender's	1319
request for drug treatment intervention under section 2951.042 of	1320
the Revised Code, the treatment provider designated under division	1321
(C) of section 2951.043 of the Revised Code or division (A)(1) or	1322
(2) of this section shall notify the court and the qualified	1323
treatment professional designated as the independent monitor of	1324
the offender's treatment plan under division (D) of section	1325
2951.043 of the Revised Code if the treatment provider determines	1326
either of the following at any time during the course of the	1327
offender's treatment:	1328

(i) That the treatment being provided is unsuitable for the	1329
offender;	1330

(ii) That it is impractical for the treatment provider to	1331
continue to administer the treatment plan.	1332

(b) Upon receiving the notice described in division (A)(1)(a)	1333
of this section at any time during the course of treatment, the	1334
court, after notice and an opportunity for a hearing, and subject	1335
to the recommendation of a qualified treatment professional, may	1336
modify the terms of the treatment plan, designate a new or	1337
additional treatment provider, or modify the terms and designate a	1338
new or additional provider to ensure that the offender receives an	1339
alternative treatment program or related programs. If the court	1340
does not modify the treatment plan, the court may request that the	1341
originally designated treatment provider resume care for the	1342
offender.	1343

(2)(a) If the court grants an offender's request for drug	1344
treatment intervention under section 2951.042 of the Revised Code,	1345
the qualified treatment professional designated as the independent	1346
monitor of the offender's treatment plan under division (D) of	1347
section 2951.043 of the Revised Code shall notify the court if the	1348
qualified treatment professional so designated determines either	1349
of the following at any time during the course of the offender's	1350
treatment:	1351

(i) That the treatment being provided is unsuitable for the	1352
offender;	1353

(ii) That necessary services are not being provided or will	1354
not be provided as called for in the treatment plan.	1355

(b) Upon receiving the notice described in division (A)(2)(a)	1356
of this section at any time during the course of treatment, the	1357
court, after notice and an opportunity for a hearing, and subject	1358
to the recommendation of a qualified treatment professional, may	1359
modify the terms of the treatment plan, designate a new or	1360
additional treatment provider, or modify the terms and designate a	1361
new or additional treatment provider to ensure that the offender	1362
receives an alternative treatment program or related programs as	1363
necessary to address the problems or deficiencies reported by the	1364
qualified treatment professional designated as the independent	1365
monitor. If the court does not modify the treatment plan, the	1366
court may order the originally designated treatment provider to	1367
resume care for the offender.	1368

(3) Nothing in sections 2951.042 to 2951.045 of the Revised	1369
Code requires, or shall be construed as requiring, a treatment	1370
provider to retain in the treatment program an offender who	1371
commits a major violation of the program's rules or who repeatedly	1372
fails to make required payments. If a treatment provider expels an	1373
offender, the treatment provider shall notify the court of the	1374
expulsion.	1375

(B) If an offender participates in a treatment plan under	1376
this section and violates the terms of that treatment plan either	1377
by committing an offense that is not an illegal possession or use	1378
of a controlled substance offense or by violating a condition for	1379
that treatment set by the court that is not drug-related, the	1380
court shall conduct a hearing to consider evidence of the offense	1381
or violation and to determine whether the offender should be	1382
removed from treatment, have the level of care increased, or	1383
otherwise be sanctioned. In making its determination under this	1384
division, all of the following apply to the court:	1385

(1) If the offender has been convicted of a new offense that	1386
is not an illegal possession or use of a controlled substance	1387
offense, the court may remove the offender from the treatment plan	1388
if the court also finds by a preponderance of the evidence either	1389
or both of the following:	1390

(a) The severity of the offense justifies removal.

1391

(b) The offense indicates that the individual poses a danger	1392
to the safety of others.	1393

(2) If the court finds by clear and convincing evidence that	1394
the offender violated a condition of the treatment plan set by the	1395
court that is not drug-related, the court may remove the offender	1396
from the treatment plan if the court also finds by clear and	1397
convincing evidence either or both of the following:	1398

(a) The severity of the offense justifies removal.

1399

(b) The offense indicates that the individual poses a danger	1400
to the safety of others.	1401

(3) If the court does not remove the offender from treatment	1402
after finding that an offense or violation occurred, the court may	1403
amend the offender's treatment plan to modify or intensify the	1404
form of treatment and to extend the period of treatment, subject	1405
to the recommendations of a qualified treatment professional. The	1406
court also may impose proportionate sanctions for the offense or	1407
violation.	1408

(C) If an offender participates in a treatment plan under	1409
this section and is alleged to have committed a severe	1410
drug-related violation or multiple drug-related violations of the	1411
plan, the court may hold a hearing to consider evidence of the	1412
violation or violations and necessary responses, including	1413
sanctions, amendment of the treatment plan to modify or increase	1414
the level of care, or removal of the offender from treatment. If,	1415
at the hearing, the court finds by clear and convincing evidence	1416
that the offender committed the violation or violations alleged,	1417
and the court finds this conduct to be a serious disruption of the	1418
treatment plan, the court shall proceed as follows:	1419

(1) If the court has not previously found the offender to	1420
have committed a serious disruption of the treatment plan during	1421
the current course of treatment, the court shall consider evidence	1422
that the offender poses a danger to the safety of others. If the	1423
court finds by clear and convincing evidence that the offender	1424
poses a danger to the safety of others, the court may remove the	1425
offender from treatment. If the court does not find by clear and	1426
convincing evidence that the offender poses a danger to the safety	1427
of others, the court may amend the offender's treatment plan to	1428
modify or intensify the form of treatment and to extend the period	1429
of treatment, subject to the recommendations of a qualified	1430
treatment professional, and may impose proportionate sanctions for	1431
the serious disruption of the treatment plan. These sanctions	1432
shall not include a jail term, prison term, residential community	1433
control sanction, or term of incarceration.	1434

(2) If the court once previously found the offender to have	1435
committed a serious disruption of the treatment plan during the	1436
current course of treatment, the court shall consider evidence	1437
that the offender poses a danger to the safety of others or is not	1438
amenable to treatment. If the court finds by clear and convincing	1439
evidence that the offender either poses a danger to the safety of	1440
others or is not amenable to treatment, the court may remove the	1441
offender from treatment. If the court does not find by clear and	1442
convincing evidence that the offender either poses a danger to the	1443
safety of others or is not amenable to treatment, the court may	1444
amend the offender's treatment plan to modify or intensify the	1445
form of treatment and to extend the period of treatment, subject	1446
to the recommendations of a qualified treatment professional, and	1447
may impose proportionate sanctions for the serious disruption of	1448
the treatment plan. These sanctions shall not include a jail term,	1449
prison term, residential community control sanction, or term of	1450
incarceration.	1451

(3) If the court two or more times previously found the	1452
offender to have committed a serious disruption of the treatment	1453
plan during the current course of treatment, the court may remove	1454
the offender from treatment. If the court does not remove the	1455
offender from treatment, the court may amend the offender's	1456
treatment plan to modify or intensify the form of treatment and to	1457
extend the period of treatment, subject to the recommendations of	1458
a qualified treatment professional, and may impose proportionate	1459
sanctions for the serious disruption of the treatment plan.	1460

(4) If the court extends the period of treatment pursuant to	1461
division (C)(1), (2), or (3) of this section, the total period of	1462
treatment required shall not exceed eighteen months.	1463

(D)(1) If an offender who has not been convicted of or	1464
pleaded guilty to the illegal possession or use of a controlled	1465
substance offense that gave rise to the request for drug treatment	1466
intervention under section 2951.042 of the Revised Code is removed	1467
from a treatment plan pursuant to division (B) or (C) of this	1468
section, the court may continue with the criminal proceedings	1469
against the offender. If the offender is convicted of or pleads	1470
guilty to that offense, notwithstanding the provisions of sections	1471
2929.11 to 2929.28 of the Revised Code, the court may sentence the	1472
offender for the offense to a jail term or a term in a	1473
community-based correctional facility or halfway house that shall	1474
not exceed ninety days.	1475

(2) If an offender who has been convicted of or pleaded	1476
guilty to the illegal possession or use of a controlled substance	1477
offense that gave rise to the request for drug treatment	1478
intervention under section 2951.042 of the Revised Code is removed	1479
from a treatment plan pursuant to division (B) or (C) of this	1480
section, notwithstanding the provisions of sections 2929.11 to	1481
2929.28 of the Revised Code, the court may sentence the offender	1482
for that offense to a jail term or a term in a community-based	1483
correctional facility or halfway house that shall not exceed	1484
ninety days.	1485

(3) If an offender is removed from a treatment plan pursuant	1486
to division (B) or (C) of this section and has had criminal	1487
charges or proceedings stayed by the court, other than the charges	1488
of the illegal possession or use of a controlled substance offense	1489
that gave rise to the request for drug treatment intervention	1490
under section 2951.042 of the Revised Code, the court may continue	1491
with the proceedings related to those other charges, without	1492
limitation by the provisions of sections 2951.042 to 2951.045 of	1493
the Revised Code.	1494

Sec. 2951.045. (A) Subject to division (B) of this section,	1495
if the court grants an offender's request for drug treatment	1496
intervention under section 2951.042 of the Revised Code and the	1497
treatment provider appointed under division (C) of section	1498
2951.043 or division (A)(1) or (2) of section 2951.044 of the	1499
Revised Code notifies the court that the offender has successfully	1500
completed the treatment plan or the treatment plan as modified,	1501
the court shall do one of the following:	1502

(1) If the offender had not been convicted of or pleaded	1503
guilty to the illegal possession or use of a controlled substance	1504
offense, the court shall dismiss the stayed proceedings against	1505
the offender. The successful completion and the dismissal shall be	1506
without an adjudication of guilt and are not a criminal conviction	1507
for purposes of any disqualification or disability imposed by law	1508
and upon conviction of a crime. Notwithstanding the dismissal, the	1509
court may order continued supervision of the offender for up to	1510
ninety days. Court supervision shall not extend more than ninety	1511
days.	1512

(2) If the offender had been convicted of or pleaded guilty	1513
to the illegal possession or use of a controlled substance	1514
offense, the court shall dismiss the stayed proceedings against	1515
the offender without imposing sentence. Notwithstanding the	1516
dismissal, the court may order continued supervision of the	1517
offender for up to ninety days. Court supervision shall not extend	1518
more than ninety days.	1519

(B) If the court grants an offender's request for drug	1520
treatment intervention under section 2951.042 of the Revised Code	1521
and the treatment provider notifies the court that the period of	1522
time designated in the treatment plan, or the treatment plan as	1523
modified, has expired, but that, in the opinion of the treatment	1524
provider, the offender has not successfully completed the	1525
treatment plan, the court, after consulting the treatment provider	1526
and the qualified treatment professional who has served as the	1527
independent monitor of the offender's treatment plan, may do any	1528
of the following:	1529

(1) Issue an order that modifies the treatment plan and	1530
extends the period of treatment, provided that the total required	1531
treatment period, including any extension, shall not exceed	1532
eighteen months;	1533

(2) Issue an order that dismisses the stayed proceedings,	1534
terminates the treatment plan, and continues supervision of the	1535
offender for a period of up to ninety days. The continued	1536
supervision shall not extend more than ninety days and shall not	1537
include a jail term, prison term, or community residential	1538
sanction.	1539

(3) Issue an order that dismisses the stayed proceedings and	1540
terminates the treatment plan with a finding that the offender	1541
either has successfully completed the treatment plan or has	1542
completed the treatment plan without a determination of successful	1543
completion.	1544

(C)(1) Notwithstanding section 2953.32 of the Revised Code,	1545
any person who is the subject of an order described in division	1546
(A) of this section may apply to the court that issued the order	1547
for the sealing of records pertaining to the illegal possession or	1548
use of a controlled substance offense. The application may be	1549
filed at any time after ninety days subsequent to the date the	1550
court issues the order described in division (A) of this section.	1551
Upon receiving the motion, the court shall consult with the	1552
treatment provider designated under division (C) of section	1553
2951.043 or division (A)(1) or (2) of section 2951.044 of the	1554
Revised Code and, in the court's discretion, the qualified	1555
treatment professional who served as the independent monitor of	1556
the offender's treatment plan, to determine whether the offender	1557
has successfully completed treatment. If the court finds by a	1558
preponderance of the evidence that the offender successfully	1559
completed treatment, the court shall order all official records	1560
pertaining to the illegal possession or use of a controlled	1561
substance offense sealed. Subject to division (C)(2) of this	1562
section, the court shall order the sealing of records in the	1563
manner provided in sections 2953.31 to 2953.36 of the Revised	1564
Code. Subject to division (C)(2) of this section, all law	1565
enforcement records of sealed records of illegal possession or use	1566
offenses shall be confidential and not subject to any disclosure.	1567

(2) Notwithstanding the sealing of records related to the	1568
offense in question, law enforcement agencies shall keep records	1569
of offenders' arrests, convictions, and referrals to treatment for	1570
any illegal possession or use of a controlled substance offense.	1571
The records shall be maintained exclusively for the following	1572
purposes:	1573

(a) Enabling prosecutors and the courts to have information	1574
about the number of prior illegal possession or use of a	1575
controlled substance offenses for a person who subsequently is	1576
charged with, or is convicted of or pleads guilty to, an illegal	1577
possession or use of a controlled substance offense;	1578

(b) To conduct criminal record checks for persons applying	1579
for a position as a law enforcement officer.	1580

(3) Neither the successful completion of the treatment plan	1581
nor the sealing of records under this section relieve an offender	1582
of the obligation to disclose the arrest and any sealed or	1583
expunged conviction in response to any direct question contained	1584
in any questionnaire or application for a position as a law	1585
enforcement officer.	1586

Sec. 3719.121.  (A) Except as otherwise provided in section	1587
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the	1588
Revised Code, the license, certificate, or registration of any	1589
dentist, chiropractor, physician, podiatrist, registered nurse,	1590
licensed practical nurse, physician assistant, pharmacist,	1591
pharmacy intern, optometrist, or veterinarian who is or becomes	1592
addicted to the use of controlled substances shall be suspended by	1593
the board that authorized the person's license, certificate, or	1594
registration until the person offers satisfactory proof to the	1595
board that the person no longer is addicted to the use of	1596
controlled substances.	1597

(B) If the board under which a person has been issued a	1598
license, certificate, or evidence of registration determines that	1599
there is clear and convincing evidence that continuation of the	1600
person's professional practice or method of prescribing or	1601
personally furnishing controlled substances presents a danger of	1602
immediate and serious harm to others, the board may suspend the	1603
person's license, certificate, or registration without a hearing.	1604
Except as otherwise provided in sections 4715.30, 4723.281,	1605
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	1606
board shall follow the procedure for suspension without a prior	1607
hearing in section 119.07 of the Revised Code. The suspension	1608
shall remain in effect, unless removed by the board, until the	1609
board's final adjudication order becomes effective, except that if	1610
the board does not issue its final adjudication order within	1611
ninety days after the hearing, the suspension shall be void on the	1612
ninety-first day after the hearing.	1613

(C) On receiving notification pursuant to section 2929.42 or	1614
3719.12 of the Revised Code, the board under which a person has	1615
been issued a license, certificate, or evidence of registration	1616
immediately shall suspend the license, certificate, or	1617
registration of that person on a plea of guilty to, a finding by a	1618
jury or court of the person's guilt of, or conviction of a felony	1619
drug abuse offense; a finding by a court of the person's	1620
eligibility for intervention in lieu of conviction under section	1621
2951.041 of the Revised Code; a plea of guilty to, or a finding by	1622
a jury or court of the person's guilt of, or the person's	1623
conviction of an offense in another jurisdiction that is	1624
essentially the same as a felony drug abuse offense; or a finding	1625
by a court of the person's eligibility for treatment or	1626
intervention in lieu of conviction in another jurisdiction under a	1627
provision similar to section 2951.041 of the Revised Code. The	1628
board shall notify the holder of the license, certificate, or	1629
registration of the suspension, which shall remain in effect until	1630
the board holds an adjudicatory hearing under Chapter 119. of the	1631
Revised Code.	1632

Sec. 3719.70.  (A) When testimony, information, or other	1633
evidence in the possession of a person who uses, possesses, or	1634
trafficks in any drug of abuse appears necessary to an	1635
investigation by law enforcement authorities into illicit sources	1636
of any drug of abuse, or appears necessary to successfully	1637
institute, maintain, or conclude a prosecution for any drug abuse	1638
offense, as defined in section 2925.01 of the Revised Code, a	1639
judge of the court of common pleas may grant to that person	1640
immunity from prosecution for any offense based upon the	1641
testimony, information, or other evidence furnished by that	1642
person, other than a prosecution of that person for giving false	1643
testimony, information, or other evidence.	1644

(B)(1) When a person is convicted of any misdemeanor drug	1645
abuse offense, the court, in determining whether to place the	1646
person under a community control sanction pursuant to section	1647
2929.25 of the Revised Code, shall take into consideration whether	1648
the person truthfully has revealed all information within the	1649
person's knowledge concerning illicit traffic in or use of drugs	1650
of abuse and, when required, has testified as to that information	1651
in any proceeding to obtain a search or arrest warrant against	1652
another or to prosecute another for any offense involving a drug	1653
of abuse. The information shall include, but is not limited to,	1654
the identity and whereabouts of accomplices, accessories, aiders,	1655
and abettors, if any, of the person or persons from whom any drug	1656
of abuse was obtained or to whom any drug of abuse was	1657
distributed, and of persons known or believed to be drug dependent	1658
persons, together with the location of any place or places where	1659
and the manner in which any drug of abuse is illegally cultivated,	1660
manufactured, sold, possessed, or used. The information also shall	1661
include all facts and circumstances surrounding any illicit	1662
traffic in or use of drugs of abuse of that nature.	1663

(2) If a person otherwise is eligible for intervention in	1664
lieu of conviction and being ordered to a period of rehabilitation	1665
under section 2951.041 of the Revised Code but the person has	1666
failed to cooperate with law enforcement authorities by providing	1667
them with the types of information described in division (B)(1) of	1668
this section, the person's lack of cooperation may be considered	1669
by the court under section 2951.041 of the Revised Code in	1670
determining whether to stay all criminal proceedings and order the	1671
person to a requested period of intervention.	1672

(C) In the absence of a competent and voluntary waiver of the	1673
right against self-incrimination, no information or testimony	1674
furnished pursuant to division (B) of this section shall be used	1675
in a prosecution of the person furnishing it for any offense other	1676
than a prosecution of that person for giving false testimony,	1677
information, or other evidence.	1678

Sec. 4715.30.  (A) The holder of a certificate or license	1679
issued under this chapter is subject to disciplinary action by the	1680
state dental board for any of the following reasons:	1681

(1) Employing or cooperating in fraud or material deception	1682
in applying for or obtaining a license or certificate;	1683

(2) Obtaining or attempting to obtain money or anything of	1684
value by intentional misrepresentation or material deception in	1685
the course of practice;	1686

(3) Advertising services in a false or misleading manner or	1687
violating the board's rules governing time, place, and manner of	1688
advertising;	1689

(4) Conviction of a misdemeanor committed in the course of	1690
practice or of any felony;	1691

(5) Engaging in lewd or immoral conduct in connection with	1692
the provision of dental services;	1693

(6) Selling, prescribing, giving away, or administering drugs	1694
for other than legal and legitimate therapeutic purposes, or	1695
conviction of violating any law of this state or the federal	1696
government regulating the possession, distribution, or use of any	1697
drug;	1698

(7) Providing or allowing dental hygienists, expanded	1699
function dental auxiliaries, or other practitioners of auxiliary	1700
dental occupations working under the certificate or license	1701
holder's supervision, or a dentist holding a temporary limited	1702
continuing education license under division (C) of section 4715.16	1703
of the Revised Code working under the certificate or license	1704
holder's direct supervision, to provide dental care that departs	1705
from or fails to conform to accepted standards for the profession,	1706
whether or not injury to a patient results;	1707

(8) Inability to practice under accepted standards of the	1708
profession because of physical or mental disability, dependence on	1709
alcohol or other drugs, or excessive use of alcohol or other	1710
drugs;	1711

(9) Violation of any provision of this chapter or any rule	1712
adopted thereunder;	1713

(10) Failure to use universal blood and body fluid	1714
precautions established by rules adopted under section 4715.03 of	1715
the Revised Code;	1716

(11) Waiving the payment of all or any part of a deductible	1717
or copayment that a patient, pursuant to a health insurance or	1718
health care policy, contract, or plan that covers dental services,	1719
would otherwise be required to pay if the waiver is used as an	1720
enticement to a patient or group of patients to receive health	1721
care services from that provider.	1722

(12) Advertising that the certificate or license holder will	1723
waive the payment of all or any part of a deductible or copayment	1724
that a patient, pursuant to a health insurance or health care	1725
policy, contract, or plan that covers dental services, would	1726
otherwise be required to pay.	1727

(B) A manager, proprietor, operator, or conductor of a dental	1728
facility shall be subject to disciplinary action if any dentist,	1729
dental hygienist, expanded function dental auxiliary, or qualified	1730
personnel providing services in the facility is found to have	1731
committed a violation listed in division (A) of this section and	1732
the manager, proprietor, operator, or conductor knew of the	1733
violation and permitted it to occur on a recurring basis.	1734

(C) Subject to Chapter 119. of the Revised Code, the board	1735
may take one or more of the following disciplinary actions if one	1736
or more of the grounds for discipline listed in divisions (A) and	1737
(B) of this section exist:	1738

(1) Censure the license or certificate holder;

1739

(2) Place the license or certificate on probationary status	1740
for such period of time the board determines necessary and require	1741
the holder to:	1742

(a) Report regularly to the board upon the matters which are	1743
the basis of probation;	1744

(b) Limit practice to those areas specified by the board;

1745

(c) Continue or renew professional education until a	1746
satisfactory degree of knowledge or clinical competency has been	1747
attained in specified areas.	1748

(3) Suspend the certificate or license;

1749

(4) Revoke the certificate or license.

1750

Where the board places a holder of a license or certificate	1751
on probationary status pursuant to division (C)(2) of this	1752
section, the board may subsequently suspend or revoke the license	1753
or certificate if it determines that the holder has not met the	1754
requirements of the probation or continues to engage in activities	1755
that constitute grounds for discipline pursuant to division (A) or	1756
(B) of this section.	1757

Any order suspending a license or certificate shall state the	1758
conditions under which the license or certificate will be	1759
restored, which may include a conditional restoration during which	1760
time the holder is in a probationary status pursuant to division	1761
(C)(2) of this section. The board shall restore the license or	1762
certificate unconditionally when such conditions are met.	1763

(D) If the physical or mental condition of a license or	1764
certificate holder is at issue in a disciplinary proceeding, the	1765
board may order the license or certificate holder to submit to	1766
reasonable examinations by an individual designated or approved by	1767
the board and at the board's expense. The physical examination may	1768
be conducted by any individual authorized by the Revised Code to	1769
do so, including a physician assistant, a clinical nurse	1770
specialist, a certified nurse practitioner, or a certified	1771
nurse-midwife. Any written documentation of the physical	1772
examination shall be completed by the individual who conducted the	1773
examination.	1774

Failure to comply with an order for an examination shall be	1775
grounds for summary suspension of a license or certificate under	1776
division (E) of this section.	1777

(E) If the board has reason to believe that the holder	1778
represents a clear and immediate danger to the public health and	1779
safety if the holder is allowed to continue to practice, or if the	1780
holder has failed to comply with an order under division (D) of	1781
this section, the board may apply to the court of common pleas of	1782
the county in which the holder resides for an order temporarily	1783
suspending the holder's license or certificate, without a prior	1784
hearing being afforded by the board, until the board conducts an	1785
adjudication hearing pursuant to Chapter 119. of the Revised Code.	1786
If the court temporarily suspends a holder's license or	1787
certificate, the board shall give written notice of the suspension	1788
personally or by certified mail to the license or certificate	1789
holder. Such notice shall include specific facts and reasons for	1790
finding a clear and immediate danger to the public health and	1791
safety and shall inform the license or certificate holder of the	1792
right to a hearing pursuant to Chapter 119. of the Revised Code.	1793

(F) Any holder of a certificate or license issued under this	1794
chapter who has pleaded guilty to, has been convicted of, or has	1795
had a judicial finding of eligibility for intervention in lieu of	1796
conviction entered against the holder in this state under section	1797
2950.041 of the Revised Code for aggravated murder, murder,	1798
voluntary manslaughter, felonious assault, kidnapping, rape,	1799
sexual battery, gross sexual imposition, aggravated arson,	1800
aggravated robbery, or aggravated burglary, or who has pleaded	1801
guilty to, has been convicted of, or has had a judicial finding of	1802
eligibility for something similar to treatment or intervention in	1803
lieu of conviction entered against the holder in another	1804
jurisdiction for any substantially equivalent criminal offense, is	1805
automatically suspended from practice under this chapter in this	1806
state and any certificate or license issued to the holder under	1807
this chapter is automatically suspended, as of the date of the	1808
guilty plea, conviction, or judicial finding, whether the	1809
proceedings are brought in this state or another jurisdiction.	1810
Continued practice by an individual after the suspension of the	1811
individual's certificate or license under this division shall be	1812
considered practicing without a certificate or license. The board	1813
shall notify the suspended individual of the suspension of the	1814
individual's certificate or license under this division by	1815
certified mail or in person in accordance with section 119.07 of	1816
the Revised Code. If an individual whose certificate or license is	1817
suspended under this division fails to make a timely request for	1818
an adjudicatory hearing, the board shall enter a final order	1819
revoking the individual's certificate or license.	1820

(G) Notwithstanding divisions (A)(11) and (12) of this	1821
section, sanctions shall not be imposed against any licensee who	1822
waives deductibles and copayments:	1823

(1) In compliance with the health benefit plan that expressly	1824
allows such a practice. Waiver of the deductibles or copayments	1825
shall be made only with the full knowledge and consent of the plan	1826
purchaser, payer, and third-party administrator. Such consent	1827
shall be made available to the board upon request.	1828

(2) For professional services rendered to any other person	1829
licensed pursuant to this chapter to the extent allowed by this	1830
chapter and the rules of the board.	1831

Sec. 4717.05.  (A) Any person who desires to be licensed as	1832
an embalmer shall apply to the board of embalmers and funeral	1833
directors on a form provided by the board. The applicant shall	1834
include with the application an initial license fee as set forth	1835
in section 4717.07 of the Revised Code and evidence, verified by	1836
oath and satisfactory to the board, that the applicant meets all	1837
of the following requirements:	1838

(1) The applicant is at least eighteen years of age and of	1839
good moral character.	1840

(2) If the applicant has pleaded guilty to, has been found by	1841
a judge or jury to be guilty of, or has had a judicial finding of	1842
eligibility for treatmentintervention in lieu of conviction	1843
entered against the applicant in this state for aggravated murder,	1844
murder, voluntary manslaughter, felonious assault, kidnapping,	1845
rape, sexual battery, gross sexual imposition, aggravated arson,	1846
aggravated robbery, or aggravated burglary, or has pleaded guilty	1847
to, has been found by a judge or jury to be guilty of, or has had	1848
a judicial finding of eligibility for something similar to	1849
intervention or treatment in lieu of conviction entered against	1850
the applicant in another jurisdiction for a substantially	1851
equivalent offense, at least five years has elapsed since the	1852
applicant was released from incarceration, a community control	1853
sanction, a post-release control sanction, parole, or treatment in	1854
connection with the offense.	1855

(3) The applicant holds at least a bachelor's degree from a	1856
college or university authorized to confer degrees by the Ohio	1857
board of regents or the comparable legal agency of another state	1858
in which the college or university is located and submits an	1859
official transcript from that college or university with the	1860
application.	1861

(4) The applicant has satisfactorily completed at least	1862
twelve months of instruction in a prescribed course in mortuary	1863
science as approved by the board and has presented to the board a	1864
certificate showing successful completion of the course. The	1865
course of mortuary science college training may be completed	1866
either before or after the completion of the educational standard	1867
set forth in division (A)(3) of this section.	1868

(5) The applicant has registered with the board prior to	1869
beginning an embalmer apprenticeship.	1870

(6) The applicant has satisfactorily completed at least one	1871
year of apprenticeship under an embalmer licensed in this state	1872
and has assisted that person in embalming at least twenty-five	1873
dead human bodies.	1874

(7) The applicant, upon meeting the educational standards	1875
provided for in divisions (A)(3) and (4) of this section and	1876
completing the apprenticeship required in division (A)(6) of this	1877
section, has completed the examination for an embalmer's license	1878
required by the board.	1879

(B) Upon receiving satisfactory evidence verified by oath	1880
that the applicant meets all the requirements of division (A) of	1881
this section, the board shall issue the applicant an embalmer's	1882
license.	1883

(C) Any person who desires to be licensed as a funeral	1884
director shall apply to the board on a form provided by the board.	1885
The application shall include an initial license fee as set forth	1886
in section 4717.07 of the Revised Code and evidence, verified by	1887
oath and satisfactory to the board, that the applicant meets all	1888
of the following requirements:	1889

(1) Except as otherwise provided in division (D) of this	1890
section, the applicant has satisfactorily met all the requirements	1891
for an embalmer's license as described in divisions (A)(1) to (4)	1892
of this section.	1893

(2) The applicant has registered with the board prior to	1894
beginning a funeral director apprenticeship.	1895

(3) The applicant, following mortuary science college	1896
training described in division (A)(4) of this section, has	1897
satisfactorily completed a one-year apprenticeship under a	1898
licensed funeral director in this state and has assisted that	1899
person in directing at least twenty-five funerals.	1900

(4) The applicant has satisfactorily completed the	1901
examination for a funeral director's license as required by the	1902
board.	1903

(D) In lieu of mortuary science college training required for	1904
a funeral director's license under division (C)(1) of this	1905
section, the applicant may substitute a satisfactorily completed	1906
two-year apprenticeship under a licensed funeral director in this	1907
state assisting that person in directing at least fifty funerals.	1908

(E) Upon receiving satisfactory evidence that the applicant	1909
meets all the requirements of division (C) of this section, the	1910
board shall issue to the applicant a funeral director's license.	1911

(F) As used in this section:

1912

(1) "Community control sanction" has the same meaning as in	1913
section 2929.01 of the Revised Code.	1914

(2) "Post-release control sanction" has the same meaning as	1915
in section 2967.01 of the Revised Code.	1916

(3) "Intervention in lieu of conviction" means intervention	1917
in lieu of conviction under section 2950.041 of the Revised Code.	1918

Sec. 4717.14.  (A) The board of embalmers and funeral	1919
directors may refuse to grant or renew, or may suspend or revoke,	1920
any license issued under this chapter for any of the following	1921
reasons:	1922

(1) The license was obtained by fraud or misrepresentation	1923
either in the application or in passing the examination.	1924

(2) The applicant or licensee has been convicted of or has	1925
pleaded guilty to a felony or of any crime involving moral	1926
turpitude.	1927

(3) The applicant or licensee has purposely violated any	1928
provision of sections 4717.01 to 4717.15 or a rule adopted under	1929
any of those sections; division (A) or (B) of section 4717.23;	1930
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	1931
or divisions (H) to (K) of section 4717.26; division (D)(1) of	1932
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	1933
Revised Code; any rule or order of the department of health or a	1934
board of health of a health district governing the disposition of	1935
dead human bodies; or any other rule or order applicable to the	1936
applicant or licensee.	1937

(4) The applicant or licensee has committed immoral or	1938
unprofessional conduct.	1939

(5) The applicant or licensee knowingly permitted an	1940
unlicensed person, other than a person serving an apprenticeship,	1941
to engage in the profession or business of embalming or funeral	1942
directing under the applicant's or licensee's supervision.	1943

(6) The applicant or licensee has been habitually	1944
intoxicated, or is addicted to the use of morphine, cocaine, or	1945
other habit-forming or illegal drugs.	1946

(7) The applicant or licensee has refused to promptly submit	1947
the custody of a dead human body upon the express order of the	1948
person legally entitled to the body.	1949

(8) The licensee loaned the licensee's own license, or the	1950
applicant or licensee borrowed or used the license of another	1951
person, or knowingly aided or abetted the granting of an improper	1952
license.	1953

(9) The applicant or licensee transferred a license to	1954
operate a funeral home, embalming facility, or crematory from one	1955
owner or operator to another, or from one location to another,	1956
without notifying the board.	1957

(10) The applicant or licensee mislead the public by using	1958
false or deceptive advertising.	1959

(B)(1) The board of embalmers and funeral directors shall	1960
refuse to grant or renew, or shall suspend or revoke, an	1961
embalmer's, funeral director's, funeral home, or embalming	1962
facility license only in accordance with Chapter 119. of the	1963
Revised Code.	1964

(2) The board shall send to the crematory review board	1965
written notice that it proposes to refuse to issue or renew, or	1966
proposes to suspend or revoke, a license to operate a crematory	1967
facility. If, after the conclusion of the adjudicatory hearing on	1968
the matter conducted under division (E) of section 4717.03 of the	1969
Revised Code, the board of embalmers and funeral directors finds	1970
that any of the circumstances described in divisions (A)(1) to	1971
(10) of this section apply to the person named in its proposed	1972
action, the board may issue a final order under division (E) of	1973
section 4717.03 of the Revised Code refusing to issue or renew, or	1974
suspending or revoking, the person's license to operate a	1975
crematory facility.	1976

(C) If the board of embalmers and funeral directors	1977
determines that there is clear and convincing evidence that any of	1978
the circumstances described in divisions (A)(1) to (10) of this	1979
section apply to the holder of a license issued under this chapter	1980
and that the licensee's continued practice presents a danger of	1981
immediate and serious harm to the public, the board may suspend	1982
the licensee's license without a prior adjudicatory hearing. The	1983
executive director of the board shall prepare written allegations	1984
for consideration by the board.	1985

The board, after reviewing the written allegations, may	1986
suspend a license without a prior hearing.	1987

The board shall issue a written order of suspension by	1988
certified mail or in person in accordance with section 119.07 of	1989
the Revised Code. Such an order is not subject to suspension by	1990
the court during the pendency of any appeal filed under section	1991
119.12 of the Revised Code. If the holder of an embalmer's,	1992
funeral director's, funeral home, or embalming facility license	1993
requests an adjudicatory hearing by the board, the date set for	1994
the hearing shall be within fifteen days, but not earlier than	1995
seven days, after the licensee has requested a hearing, unless the	1996
board and the licensee agree to a different time for holding the	1997
hearing.	1998

Upon issuing a written order of suspension to the holder of a	1999
license to operate a crematory facility, the board of embalmers	2000
and funeral directors shall send written notice of the issuance of	2001
the order to the crematory review board. The crematory review	2002
board shall hold an adjudicatory hearing on the order under	2003
division (E) of section 4717.03 of the Revised Code within fifteen	2004
days, but not earlier than seven days, after the issuance of the	2005
order, unless the crematory review board and the licensee agree to	2006
a different time for holding the adjudicatory hearing.	2007

Any summary suspension imposed under this division shall	2008
remain in effect, unless reversed on appeal, until a final	2009
adjudicatory order issued by the board of embalmers and funeral	2010
directors pursuant to this division and Chapter 119. of the	2011
Revised Code, or division (E) of section 4717.03 of the Revised	2012
Code, as applicable, becomes effective. The board of embalmers and	2013
funeral directors shall issue its final adjudicatory order within	2014
sixty days after the completion of its hearing or, in the case of	2015
the summary suspension of a license to operate a crematory	2016
facility, within sixty days after completion of the adjudicatory	2017
hearing by the crematory review board. A failure to issue the	2018
order within that time results in the dissolution of the summary	2019
suspension order, but does not invalidate any subsequent final	2020
adjudicatory order.	2021

(D) If the board of embalmers and funeral directors suspends	2022
or revokes a license held by a funeral director or a funeral home	2023
for any reason identified in division (A) of this section, the	2024
board may file a complaint with the court of common pleas in the	2025
county where the violation occurred requesting appointment of a	2026
receiver and the sequestration of the assets of the funeral home	2027
that held the suspended or revoked license or the licensed funeral	2028
home that employs the funeral director that held the suspended or	2029
revoked license. If the court of common pleas is satisfied with	2030
the application for a receivership, the court may appoint a	2031
receiver.	2032

The board or a receiver may employ and procure whatever	2033
assistance or advice is necessary in the receivership or	2034
liquidation and distribution of the assets of the funeral home,	2035
and, for that purpose, may retain officers or employees of the	2036
funeral home as needed. All expenses of the receivership or	2037
liquidation shall be paid from the assets of the funeral home and	2038
shall be a lien on those assets, and that lien shall be a priority	2039
to any other lien.	2040

(E) Any holder of a license issued under this chapter who has	2041
pleaded guilty to, has been found by a judge or jury to be guilty	2042
of, or has had a judicial finding of eligibility for treatment	2043
intervention in lieu of conviction entered against the individual	2044
in this state for aggravated murder, murder, voluntary	2045
manslaughter, felonious assault, kidnapping, rape, sexual battery,	2046
gross sexual imposition, aggravated arson, aggravated robbery, or	2047
aggravated burglary, or who has pleaded guilty to, has been found	2048
by a judge or jury to be guilty of, or has had a judicial finding	2049
of eligibility for something similar to treatment or intervention	2050
in lieu of conviction entered against the individual in another	2051
jurisdiction for any substantially equivalent criminal offense, is	2052
hereby suspended from practice under this chapter by operation of	2053
law, and any license issued to the individual under this chapter	2054
is hereby suspended by operation of law as of the date of the	2055
guilty plea, verdict or finding of guilt, or judicial finding of	2056
eligibility for treatmentintervention in lieu of conviction or	2057
for something similar to treatment or intervention in lieu of	2058
conviction in the other jurisdiction, regardless of whether the	2059
proceedings are brought in this state or another jurisdiction.	2060
The board shall notify the suspended individual of the suspension	2061
of the individual's license by the operation of this division by	2062
certified mail or in person in accordance with section 119.07 of	2063
the Revised Code. If an individual whose license is suspended	2064
under this division fails to make a timely request for an	2065
adjudicatory hearing, the board shall enter a final order	2066
revoking the license.	2067

(F) No person whose license has been suspended or revoked	2068
under or by the operation of this section shall practice embalming	2069
or funeral directing or operate a funeral home, embalming	2070
facility, or crematory facility until the board has reinstated the	2071
person's license.	2072

(G) As used in this section, "intervention in lieu of	2073
conviction" means intervention in lieu of conviction under section	2074
2951.041 of the Revised Code.	2075

Sec. 4723.28.  (A) The board of nursing, by a vote of a	2076
quorum, may revoke or may refuse to grant a nursing license,	2077
certificate of authority, or dialysis technician certificate to a	2078
person found by the board to have committed fraud in passing an	2079
examination required to obtain the license, certificate of	2080
authority, or dialysis technician certificate or to have committed	2081
fraud, misrepresentation, or deception in applying for or securing	2082
any nursing license, certificate of authority, or dialysis	2083
technician certificate issued by the board.	2084

(B) Subject to division (N) of this section, the board of	2085
nursing, by a vote of a quorum, may impose one or more of the	2086
following sanctions: deny, revoke, suspend, or place restrictions	2087
on any nursing license, certificate of authority, or dialysis	2088
technician certificate issued by the board; reprimand or otherwise	2089
discipline a holder of a nursing license, certificate of	2090
authority, or dialysis technician certificate; or impose a fine of	2091
not more than five hundred dollars per violation. The sanctions	2092
may be imposed for any of the following:	2093

(1) Denial, revocation, suspension, or restriction of	2094
authority to practice a health care occupation, including nursing	2095
or practice as a dialysis technician, for any reason other than a	2096
failure to renew, in Ohio or another state or jurisdiction;	2097

(2) Engaging in the practice of nursing or engaging in	2098
practice as a dialysis technician, having failed to renew a	2099
nursing license or dialysis technician certificate issued under	2100
this chapter, or while a nursing license or dialysis technician	2101
certificate is under suspension;	2102

(3) Conviction of, a plea of guilty to, a judicial finding of	2103
guilt of, a judicial finding of guilt resulting from a plea of no	2104
contest to, or a judicial finding of eligibility for intervention	2105
in lieu of conviction for, a misdemeanor committed in the course	2106
of practice;	2107

(4) Conviction of, a plea of guilty to, a judicial finding of	2108
guilt of, a judicial finding of guilt resulting from a plea of no	2109
contest to, or a judicial finding of eligibility for intervention	2110
in lieu of conviction for, any felony or of any crime involving	2111
gross immorality or moral turpitude;	2112

(5) Selling, giving away, or administering drugs or	2113
therapeutic devices for other than legal and legitimate	2114
therapeutic purposes; or conviction of, a plea of guilty to, a	2115
judicial finding of guilt of, a judicial finding of guilt	2116
resulting from a plea of no contest to, or a judicial finding of	2117
eligibility for intervention in lieu of conviction for, violating	2118
any municipal, state, county, or federal drug law;	2119

(6) Conviction of, a plea of guilty to, a judicial finding of	2120
guilt of, a judicial finding of guilt resulting from a plea of no	2121
contest to, or a judicial finding of eligibility for intervention	2122
in lieu of conviction for, an act in another jurisdiction that	2123
would constitute a felony or a crime of moral turpitude in Ohio;	2124

(7) Conviction of, a plea of guilty to, a judicial finding of	2125
guilt of, a judicial finding of guilt resulting from a plea of no	2126
contest to, or a judicial finding of eligibility for intervention	2127
in lieu of conviction for, an act in the course of practice in	2128
another jurisdiction that would constitute a misdemeanor in Ohio;	2129

(8) Self-administering or otherwise taking into the body any	2130
dangerous drug, as defined in section 4729.01 of the Revised Code,	2131
in any way not in accordance with a legal, valid prescription	2132
issued for that individual;	2133

(9) Habitual indulgence in the use of controlled substances,	2134
other habit-forming drugs, or alcohol or other chemical substances	2135
to an extent that impairs ability to practice;	2136

(10) Impairment of the ability to practice according to	2137
acceptable and prevailing standards of safe nursing care because	2138
of habitual or excessive use of drugs, alcohol, or other chemical	2139
substances that impair the ability to practice;	2140

(11) Impairment of the ability to practice according to	2141
acceptable and prevailing standards of safe nursing care because	2142
of a physical or mental disability;	2143

(12) Assaulting or causing harm to a patient or depriving a	2144
patient of the means to summon assistance;	2145

(13) Obtaining or attempting to obtain money or anything of	2146
value by intentional misrepresentation or material deception in	2147
the course of practice;	2148

(14) Adjudication by a probate court of being mentally ill or	2149
mentally incompetent. The board may restore the person's nursing	2150
license or dialysis technician certificate upon adjudication by a	2151
probate court of the person's restoration to competency or upon	2152
submission to the board of other proof of competency.	2153

(15) The suspension or termination of employment by the	2154
department of defense or the veterans administration of the United	2155
States for any act that violates or would violate this chapter;	2156

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

2157

(17) Violation of any restrictions placed on a nursing	2158
license or dialysis technician certificate by the board;	2159

(18) Failure to use universal blood and body fluid	2160
precautions established by rules adopted under section 4723.07 of	2161
the Revised Code;	2162

(19) Failure to practice in accordance with acceptable and	2163
prevailing standards of safe nursing care or safe dialysis care;	2164

(20) In the case of a registered nurse, engaging in	2165
activities that exceed the practice of nursing as a registered	2166
nurse;	2167

(21) In the case of a licensed practical nurse, engaging in	2168
activities that exceed the practice of nursing as a licensed	2169
practical nurse;	2170

(22) In the case of a dialysis technician, engaging in	2171
activities that exceed those permitted under section 4723.72 of	2172
the Revised Code;	2173

(23) Aiding and abetting a person in that person's practice	2174
of nursing without a license or practice as a dialysis technician	2175
without a certificate issued under this chapter;	2176

(24) In the case of a certified registered nurse anesthetist,	2177
clinical nurse specialist, certified nurse-midwife, or certified	2178
nurse practitioner, except as provided in division (M) of this	2179
section, either of the following:	2180

(a) Waiving the payment of all or any part of a deductible or	2181
copayment that a patient, pursuant to a health insurance or health	2182
care policy, contract, or plan that covers such nursing services,	2183
would otherwise be required to pay if the waiver is used as an	2184
enticement to a patient or group of patients to receive health	2185
care services from that provider;	2186

(b) Advertising that the nurse will waive the payment of all	2187
or any part of a deductible or copayment that a patient, pursuant	2188
to a health insurance or health care policy, contract, or plan	2189
that covers such nursing services, would otherwise be required to	2190
pay.	2191

(25) Failure to comply with the terms and conditions of	2192
participation in the chemical dependency monitoring program	2193
established under section 4723.35 of the Revised Code;	2194

(26) Failure to comply with the terms and conditions required	2195
under the practice intervention and improvement program	2196
established under section 4723.282 of the Revised Code;	2197

(27) In the case of a certified registered nurse anesthetist,	2198
clinical nurse specialist, certified nurse-midwife, or certified	2199
nurse practitioner:	2200

(a) Engaging in activities that exceed those permitted for	2201
the nurse's nursing specialty under section 4723.43 of the Revised	2202
Code;	2203

(b) Failure to meet the quality assurance standards	2204
established under section 4723.07 of the Revised Code.	2205

(28) In the case of a clinical nurse specialist, certified	2206
nurse-midwife, or certified nurse practitioner, failure to	2207
maintain a standard care arrangement in accordance with section	2208
4723.431 of the Revised Code or to practice in accordance with the	2209
standard care arrangement;	2210

(29) In the case of a clinical nurse specialist, certified	2211
nurse-midwife, or certified nurse practitioner who holds a	2212
certificate to prescribe issued under section 4723.48 of the	2213
Revised Code, failure to prescribe drugs and therapeutic devices	2214
in accordance with section 4723.481 of the Revised Code;	2215

(30) Prescribing any drug or device to perform or induce an	2216
abortion, or otherwise performing or inducing an abortion;	2217

(31) Failure to establish and maintain professional	2218
boundaries with a patient, as specified in rules adopted under	2219
section 4723.07 of the Revised Code;	2220

(32) Regardless of whether the contact or verbal behavior is	2221
consensual, engaging with a patient other than the spouse of the	2222
registered nurse, licensed practical nurse, or dialysis technician	2223
in any of the following:	2224

(a) Sexual contact, as defined in section 2907.01 of the	2225
Revised Code;	2226

(b) Verbal behavior that is sexually demeaning to the patient	2227
or may be reasonably interpreted by the patient as sexually	2228
demeaning.	2229

(33) Assisting suicide as defined in section 3795.01 of the	2230
Revised Code.	2231

(C) Disciplinary actions taken by the board under divisions	2232
(A) and (B) of this section shall be taken pursuant to an	2233
adjudication conducted under Chapter 119. of the Revised Code,	2234
except that in lieu of a hearing, the board may enter into a	2235
consent agreement with an individual to resolve an allegation of a	2236
violation of this chapter or any rule adopted under it. A consent	2237
agreement, when ratified by a vote of a quorum, shall constitute	2238
the findings and order of the board with respect to the matter	2239
addressed in the agreement. If the board refuses to ratify a	2240
consent agreement, the admissions and findings contained in the	2241
agreement shall be of no effect.	2242

(D) The hearings of the board shall be conducted in	2243
accordance with Chapter 119. of the Revised Code, the board may	2244
appoint a hearing examiner, as provided in section 119.09 of the	2245
Revised Code, to conduct any hearing the board is authorized to	2246
hold under Chapter 119. of the Revised Code.	2247

In any instance in which the board is required under Chapter	2248
119. of the Revised Code to give notice of an opportunity for a	2249
hearing and the applicant or license holder does not make a timely	2250
request for a hearing in accordance with section 119.07 of the	2251
Revised Code, the board is not required to hold a hearing, but may	2252
adopt, by a vote of a quorum, a final order that contains the	2253
board's findings. In the final order, the board may order any of	2254
the sanctions listed in division (A) or (B) of this section.	2255

(E) If a criminal action is brought against a registered	2256
nurse, licensed practical nurse, or dialysis technician for an act	2257
or crime described in divisions (B)(3) to (7) of this section and	2258
the action is dismissed by the trial court other than on the	2259
merits, the board shall conduct an adjudication to determine	2260
whether the registered nurse, licensed practical nurse, or	2261
dialysis technician committed the act on which the action was	2262
based. If the board determines on the basis of the adjudication	2263
that the registered nurse, licensed practical nurse, or dialysis	2264
technician committed the act, or if the registered nurse, licensed	2265
practical nurse, or dialysis technician fails to participate in	2266
the adjudication, the board may take action as though the	2267
registered nurse, licensed practical nurse, or dialysis technician	2268
had been convicted of the act.	2269

If the board takes action on the basis of a conviction, plea,	2270
or a judicial finding as described in divisions (B)(3) to (7) of	2271
this section that is overturned on appeal, the registered nurse,	2272
licensed practical nurse, or dialysis technician may, on	2273
exhaustion of the appeal process, petition the board for	2274
reconsideration of its action. On receipt of the petition and	2275
supporting court documents, the board shall temporarily rescind	2276
its action. If the board determines that the decision on appeal	2277
was a decision on the merits, it shall permanently rescind its	2278
action. If the board determines that the decision on appeal was	2279
not a decision on the merits, it shall conduct an adjudication to	2280
determine whether the registered nurse, licensed practical nurse,	2281
or dialysis technician committed the act on which the original	2282
conviction, plea, or judicial finding was based. If the board	2283
determines on the basis of the adjudication that the registered	2284
nurse, licensed practical nurse, or dialysis technician committed	2285
such act, or if the registered nurse, licensed practical nurse, or	2286
dialysis technician does not request an adjudication, the board	2287
shall reinstate its action; otherwise, the board shall permanently	2288
rescind its action.	2289

Notwithstanding the provision of division (C)(2) of section	2290
2953.32 of the Revised Code specifying that if records pertaining	2291
to a criminal case are sealed under that section the proceedings	2292
in the case shall be deemed not to have occurred, sealing of the	2293
records of a conviction on which the board has based an action	2294
under this section shall have no effect on the board's action or	2295
any sanction imposed by the board under this section.	2296

The board shall not be required to seal, destroy, redact, or	2297
otherwise modify its records to reflect the court's sealing of	2298
conviction records.	2299

(F) The board may investigate an individual's criminal	2300
background in performing its duties under this section.	2301

(G) During the course of an investigation conducted under	2302
this section, the board may compel any registered nurse, licensed	2303
practical nurse, or dialysis technician or applicant under this	2304
chapter to submit to a mental or physical examination, or both, as	2305
required by the board and at the expense of the individual, if the	2306
board finds reason to believe that the individual under	2307
investigation may have a physical or mental impairment that may	2308
affect the individual's ability to provide safe nursing care.	2309
Failure of any individual to submit to a mental or physical	2310
examination when directed constitutes an admission of the	2311
allegations, unless the failure is due to circumstances beyond the	2312
individual's control, and a default and final order may be entered	2313
without the taking of testimony or presentation of evidence.	2314

If the board finds that an individual is impaired, the board	2315
shall require the individual to submit to care, counseling, or	2316
treatment approved or designated by the board, as a condition for	2317
initial, continued, reinstated, or renewed authority to practice.	2318
The individual shall be afforded an opportunity to demonstrate to	2319
the board that the individual can begin or resume the individual's	2320
occupation in compliance with acceptable and prevailing standards	2321
of care under the provisions of the individual's authority to	2322
practice.	2323

For purposes of this division, any registered nurse, licensed	2324
practical nurse, or dialysis technician or applicant under this	2325
chapter shall be deemed to have given consent to submit to a	2326
mental or physical examination when directed to do so in writing	2327
by the board, and to have waived all objections to the	2328
admissibility of testimony or examination reports that constitute	2329
a privileged communication.	2330

(H) The board shall investigate evidence that appears to show	2331
that any person has violated any provision of this chapter or any	2332
rule of the board. Any person may report to the board any	2333
information the person may have that appears to show a violation	2334
of any provision of this chapter or rule of the board. In the	2335
absence of bad faith, any person who reports such information or	2336
who testifies before the board in any adjudication conducted under	2337
Chapter 119. of the Revised Code shall not be liable for civil	2338
damages as a result of the report or testimony.	2339

(I) All of the following apply under this chapter with	2340
respect to the confidentiality of information:	2341

(1) Information received by the board pursuant to an	2342
investigation is confidential and not subject to discovery in any	2343
civil action, except that the board may disclose information to	2344
law enforcement officers and government entities investigating a	2345
registered nurse, licensed practical nurse, or dialysis technician	2346
or a person who may have engaged in the unauthorized practice of	2347
nursing. No law enforcement officer or government entity with	2348
knowledge of any information disclosed by the board pursuant to	2349
this division shall divulge the information to any other person or	2350
government entity except for the purpose of an adjudication by a	2351
court or licensing or registration board or officer to which the	2352
person to whom the information relates is a party.	2353

(2) If an investigation requires a review of patient records,	2354
the investigation and proceeding shall be conducted in such a	2355
manner as to protect patient confidentiality.	2356

(3) All adjudications and investigations of the board shall	2357
be considered civil actions for the purposes of section 2305.252	2358
of the Revised Code.	2359

(4) Any board activity that involves continued monitoring of	2360
an individual as part of or following any disciplinary action	2361
taken under this section shall be conducted in a manner that	2362
maintains the individual's confidentiality. Information received	2363
or maintained by the board with respect to the board's monitoring	2364
activities is confidential and not subject to discovery in any	2365
civil action.	2366

(J) Any action taken by the board under this section	2367
resulting in a suspension from practice shall be accompanied by a	2368
written statement of the conditions under which the person may be	2369
reinstated to practice.	2370

(K) When the board refuses to grant a license or certificate	2371
to an applicant, revokes a license or certificate, or refuses to	2372
reinstate a license or certificate, the board may specify that its	2373
action is permanent. An individual subject to permanent action	2374
taken by the board is forever ineligible to hold a license or	2375
certificate of the type that was refused or revoked and the board	2376
shall not accept from the individual an application for	2377
reinstatement of the license or certificate or for a new license	2378
or certificate.	2379

(L) No unilateral surrender of a nursing license, certificate	2380
of authority, or dialysis technician certificate issued under this	2381
chapter shall be effective unless accepted by majority vote of the	2382
board. No application for a nursing license, certificate of	2383
authority, or dialysis technician certificate issued under this	2384
chapter may be withdrawn without a majority vote of the board. The	2385
board's jurisdiction to take disciplinary action under this	2386
section is not removed or limited when an individual has a license	2387
or certificate classified as inactive or fails to renew a license	2388
or certificate.	2389

(M) Sanctions shall not be imposed under division (B)(24) of	2390
this section against any licensee who waives deductibles and	2391
copayments as follows:	2392

(1) In compliance with the health benefit plan that expressly	2393
allows such a practice. Waiver of the deductibles or copayments	2394
shall be made only with the full knowledge and consent of the plan	2395
purchaser, payer, and third-party administrator. Documentation of	2396
the consent shall be made available to the board upon request.	2397

(2) For professional services rendered to any other person	2398
licensed pursuant to this chapter to the extent allowed by this	2399
chapter and the rules of the board.	2400

(N)(1) Any person who enters a prelicensure nursing education	2401
program on or after June 1, 2003, and who subsequently applies	2402
under division (A) of section 4723.09 of the Revised Code for	2403
licensure to practice as a registered nurse or as a licensed	2404
practical nurse and any person who applies under division (B) of	2405
that section for license by endorsement to practice nursing as a	2406
registered nurse or as a licensed practical nurse shall submit a	2407
request to the bureau of criminal identification and investigation	2408
for the bureau to conduct a criminal records check of the	2409
applicant and to send the results to the board, in accordance with	2410
section 4723.09 of the Revised Code.	2411

The board shall refuse to grant a license to practice nursing	2412
as a registered nurse or as a licensed practical nurse under	2413
section 4723.09 of the Revised Code to a person who entered a	2414
prelicensure nursing education program on or after June 1, 2003,	2415
and applied under division (A) of section 4723.09 of the Revised	2416
Code for the license or a person who applied under division (B) of	2417
that section for the license, if the criminal records check	2418
performed in accordance with division (C) of that section	2419
indicates that the person has pleaded guilty to, been convicted	2420
of, or has had a judicial finding of guilt for violating section	2421
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	2422
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	2423
substantially similar law of another state, the United States, or	2424
another country.	2425

(2) Any person who enters a dialysis training program on or	2426
after June 1, 2003, and who subsequently applies for a certificate	2427
to practice as a dialysis technician shall submit a request to the	2428
bureau of criminal identification and investigation for the bureau	2429
to conduct a criminal records check of the applicant and to send	2430
the results to the board, in accordance with section 4723.75 of	2431
the Revised Code.	2432

The board shall refuse to issue a certificate to practice as	2433
a dialysis technician under section 4723.75 of the Revised Code to	2434
a person who entered a dialysis training program on or after June	2435
1, 2003, and whose criminal records check performed in accordance	2436
with division (C) of that section indicates that the person has	2437
pleaded guilty to, been convicted of, or has had a judicial	2438
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	2439
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	2440
2911.11 of the Revised Code or a substantially similar law of	2441
another state, the United States, or another country.	2442

(O) As used in this section, "intervention in lieu of	2443
conviction" means intervention in lieu of conviction under section	2444
2951.041 of the Revised Code.	2445

Sec. 4730.14.  (A) A certificate to practice as a physician	2446
assistant shall expire biennially and may be renewed in accordance	2447
with this section. A person seeking to renew a certificate to	2448
practice as a physician assistant shall, on or before the	2449
thirty-first day of January of each even-numbered year, apply for	2450
renewal of the certificate. The state medical board shall send	2451
renewal notices at least one month prior to the expiration date.	2452

Applications shall be submitted to the board on forms the	2453
board shall prescribe and furnish. Each application shall be	2454
accompanied by a biennial renewal fee of one hundred dollars. The	2455
board shall deposit the fees in accordance with section 4731.24 of	2456
the Revised Code.	2457

The applicant shall report any criminal offense that	2458
constitutes grounds for refusing to issue a certificate to	2459
practice under section 4730.25 of the Revised Code to which the	2460
applicant has pleaded guilty, of which the applicant has been	2461
found guilty, or for which the applicant has been found eligible	2462
for intervention in lieu of conviction under section 2950.041 of	2463
the Revised Code, since last signing an application for a	2464
certificate to practice as a physician assistant.	2465

(B) To be eligible for renewal, a physician assistant shall	2466
certify to the board both of the following:	2467

(1) That the physician assistant has maintained certification	2468
by the national commission on certification of physician	2469
assistants or a successor organization that is recognized by the	2470
board by meeting the standards to hold current certification from	2471
the commission or its successor, including completion of	2472
continuing medical education requirements and passing periodic	2473
recertification examinations;	2474

(2) Except as provided in division (F) of this section and	2475
section 5903.12 of the Revised Code, that the physician assistant	2476
has completed during the current certification period not less	2477
than one hundred hours of continuing medical education acceptable	2478
to the board.	2479

(C) The board shall adopt rules in accordance with Chapter	2480
119. of the Revised Code specifying the types of continuing	2481
medical education that must be completed to fulfill the board's	2482
requirements under division (B)(2) of this section. Except when	2483
additional continuing medical education is required to renew a	2484
certificate to prescribe, as specified in section 4730.49 of the	2485
Revised Code, the board shall not adopt rules that require a	2486
physician assistant to complete in any certification period more	2487
than one hundred hours of continuing medical education acceptable	2488
to the board. In fulfilling the board's requirements, a physician	2489
assistant may use continuing medical education courses or programs	2490
completed to maintain certification by the national commission on	2491
certification of physician assistants or a successor organization	2492
that is recognized by the board if the standards for acceptable	2493
courses and programs of the commission or its successor are at	2494
least equivalent to the standards established by the board.	2495

(D) If an applicant submits a complete renewal application	2496
and qualifies for renewal pursuant to division (B) of this	2497
section, the board shall issue to the applicant a renewed	2498
certificate to practice as a physician assistant.	2499

(E) The board may require a random sample of physician	2500
assistants to submit materials documenting certification by the	2501
national commission on certification of physician assistants or a	2502
successor organization that is recognized by the board and	2503
completion of the required number of hours of continuing medical	2504
education.	2505

(F) The board shall provide for pro rata reductions by month	2506
of the number of hours of continuing education that must be	2507
completed for individuals who are in their first certification	2508
period, who have been disabled due to illness or accident, or who	2509
have been absent from the country. The board shall adopt rules, in	2510
accordance with Chapter 119. of the Revised Code, as necessary to	2511
implement this division.	2512

(G)(1) A certificate to practice that is not renewed on or	2513
before its expiration date is automatically suspended on its	2514
expiration date. Continued practice after suspension of the	2515
certificate shall be considered as practicing in violation of	2516
division (A) of section 4730.02 of the Revised Code.	2517

(2) If a certificate has been suspended pursuant to division	2518
(G)(1) of this section for two years or less, it may be	2519
reinstated. The board shall reinstate a certificate suspended for	2520
failure to renew upon an applicant's submission of a renewal	2521
application, the biennial renewal fee, and any applicable monetary	2522
penalty.	2523

If a certificate has been suspended pursuant to division	2524
(G)(1) of this divisionsection for more than two years, it may be	2525
restored. In accordance with section 4730.28 of the Revised Code,	2526
the board may restore a certificate suspended for failure to renew	2527
upon an applicant's submission of a restoration application, the	2528
biennial renewal fee, and any applicable monetary penalty and	2529
compliance with sections 4776.01 to 4776.04 of the Revised Code.	2530
The board shall not restore to an applicant a certificate to	2531
practice as a physician assistant unless the board, in its	2532
discretion, decides that the results of the criminal records check	2533
do not make the applicant ineligible for a certificate issued	2534
pursuant to section 4730.12 of the Revised Code.	2535

The penalty for reinstatement shall be fifty dollars and the	2536
penalty for restoration shall be one hundred dollars. The board	2537
shall deposit penalties in accordance with section 4731.24 of the	2538
Revised Code.	2539

(H) If an individual certifies that the individual has	2540
completed the number of hours and type of continuing medical	2541
education required for renewal or reinstatement of a certificate	2542
to practice as a physician assistant, and the board finds through	2543
a random sample conducted under division (E) of this section or	2544
through any other means that the individual did not complete the	2545
requisite continuing medical education, the board may impose a	2546
civil penalty of not more than five thousand dollars. The board's	2547
finding shall be made pursuant to an adjudication under Chapter	2548
119. of the Revised Code and by an affirmative vote of not fewer	2549
than six members.	2550

A civil penalty imposed under this division may be in	2551
addition to or in lieu of any other action the board may take	2552
under section 4730.25 of the Revised Code. The board shall deposit	2553
civil penalties in accordance with section 4731.24 of the Revised	2554
Code.	2555

Sec. 4730.25.  (A) The state medical board, by an affirmative	2556
vote of not fewer than six members, may revoke or may refuse to	2557
grant a certificate to practice as a physician assistant or a	2558
certificate to prescribe to a person found by the board to have	2559
committed fraud, misrepresentation, or deception in applying for	2560
or securing the certificate.	2561

(B) The board, by an affirmative vote of not fewer than six	2562
members, shall, to the extent permitted by law, limit, revoke, or	2563
suspend an individual's certificate to practice as a physician	2564
assistant or certificate to prescribe, refuse to issue a	2565
certificate to an applicant, refuse to reinstate a certificate, or	2566
reprimand or place on probation the holder of a certificate for	2567
any of the following reasons:	2568

(1) Failure to practice in accordance with the conditions	2569
under which the supervising physician's supervision agreement with	2570
the physician assistant was approved, including the requirement	2571
that when practicing under a particular supervising physician, the	2572
physician assistant must practice only according to the physician	2573
supervisory plan the board approved for that physician or the	2574
policies of the health care facility in which the supervising	2575
physician and physician assistant are practicing;	2576

(2) Failure to comply with the requirements of this chapter,	2577
Chapter 4731. of the Revised Code, or any rules adopted by the	2578
board;	2579

(3) Violating or attempting to violate, directly or	2580
indirectly, or assisting in or abetting the violation of, or	2581
conspiring to violate, any provision of this chapter, Chapter	2582
4731. of the Revised Code, or the rules adopted by the board;	2583

(4) Inability to practice according to acceptable and	2584
prevailing standards of care by reason of mental illness or	2585
physical illness, including physical deterioration that adversely	2586
affects cognitive, motor, or perceptive skills;	2587

(5) Impairment of ability to practice according to acceptable	2588
and prevailing standards of care because of habitual or excessive	2589
use or abuse of drugs, alcohol, or other substances that impair	2590
ability to practice;	2591

(6) Administering drugs for purposes other than those	2592
authorized under this chapter;	2593

(7) Willfully betraying a professional confidence;

2594

(8) Making a false, fraudulent, deceptive, or misleading	2595
statement in soliciting or advertising for employment as a	2596
physician assistant; in connection with any solicitation or	2597
advertisement for patients; in relation to the practice of	2598
medicine as it pertains to physician assistants; or in securing or	2599
attempting to secure a certificate to practice as a physician	2600
assistant, a certificate to prescribe, or approval of a	2601
supervision agreement.	2602

As used in this division, "false, fraudulent, deceptive, or	2603
misleading statement" means a statement that includes a	2604