HB 128: Enact the Reproductive Care Act

As Introduced

136th General Assembly Regular Session 2025-2026

H. B. No. 128

Representatives Tims, Somani

Cosponsors: Representatives Upchurch, Denson, Grim, Baker, Brownlee, Rader, Jarrells, Sweeney

A B I L L

To amend sections 109.572, 2305.11, 2317.02, 1
2919.10, 2919.12, 2953.25, 3701.341, 3701.792, 2
3702.30, 4112.01, 4112.02, 4729.291, 4731.22, 3
4731.223, 4731.281, 4731.293, and 4743.09; to 4
enact sections 2305.2312, 3732.01, 3732.02, 5
3732.03, 3732.04, 3732.05, 3732.06, 3732.07, 6
3732.08, 3732.09, and 3732.11; and to repeal 7
sections 2307.54, 2317.56, 2317.561, 2919.101, 8
2919.124, 2919.171, 2919.19, 2919.191, 2919.192, 9
2919.193, 2919.194, 2919.195, 2919.196, 10
2919.197, 2919.198, 2919.199, 2919.1910, 11
2919.1912, 2919.1913, 2919.20, 2919.201, 12
2919.202, 2919.203, 2919.204, 2919.205, 3701.79, 13
3701.791, 3702.302, 3702.303, 3702.304, 14
3702.305, 3702.306, 3702.307, 3702.308, 15
3702.309, 3702.3010, 3702.3011, 3726.01, 16
3726.02, 3726.03, 3726.04, 3726.041, 3726.042, 17
3726.05, 3726.09, 3726.10, 3726.11, 3726.12, 18
3726.13, 3726.14, 3726.15, 3726.16, 3726.95, 19
3726.99, 3727.60, 4717.271, 5101.57, and 5103.11 20
of the Revised Code to enact the Reproductive 21
Care Act regarding abortion, abortion-related 22
laws, and reproductive health protections. 23

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

Section 1. That sections 109.572, 2305.11, 2317.02, 24
2919.10, 2919.12, 2953.25, 3701.341, 3701.792, 3702.30, 4112.01, 25
4112.02, 4729.291, 4731.22, 4731.223, 4731.281, 4731.293, and 26
4743.09 be amended and sections 2305.2312, 3732.01, 3732.02, 27
3732.03, 3732.04, 3732.05, 3732.06, 3732.07, 3732.08, 3732.09, 28
and 3732.11 of the Revised Code be enacted to read as follows: 29
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 30
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised 31
Code, a completed form prescribed pursuant to division (C)(1) of 32
this section, and a set of fingerprint impressions obtained in 33
the manner described in division (C)(2) of this section, the 34
superintendent of the bureau of criminal identification and 35
investigation shall conduct a criminal records check in the 36
manner described in division (B) of this section to determine 37
whether any information exists that indicates that the person 38
who is the subject of the request previously has been convicted 39
of or pleaded guilty to any of the following: 40
(a) A violation of section 2903.01, 2903.02, 2903.03, 41
2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 42
2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 43
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 44
2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 45
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 46
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 47

H. B. No. 128 As Introduced

2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 48
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 49
2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 50
of the Revised Code, felonious sexual penetration in violation 51
of former section 2907.12 of the Revised Code, a violation of 52
section 2905.04 of the Revised Code as it existed prior to July 53
1, 1996, a violation of section 2919.23 of the Revised Code that 54
would have been a violation of section 2905.04 of the Revised 55
Code as it existed prior to July 1, 1996, had the violation been 56
committed prior to that date, or a violation of section 2925.11 57
of the Revised Code that is not a minor drug possession offense; 58
(b) A violation of an existing or former law of this 59
state, any other state, or the United States that is 60
substantially equivalent to any of the offenses listed in 61
division (A)(1)(a) of this section; 62
(c) If the request is made pursuant to section 3319.39 of 63
the Revised Code for an applicant who is a teacher, any offense 64
specified under section 9.79 of the Revised Code or in section 65
3319.31 of the Revised Code. 66
(2) On receipt of a request pursuant to section 3712.09 or 67
3721.121 of the Revised Code, a completed form prescribed 68
pursuant to division (C)(1) of this section, and a set of 69
fingerprint impressions obtained in the manner described in 70
division (C)(2) of this section, the superintendent of the 71
bureau of criminal identification and investigation shall 72
conduct a criminal records check with respect to any person who 73
has applied for employment in a position for which a criminal 74
records check is required by those sections. The superintendent 75
shall conduct the criminal records check in the manner described 76
in division (B) of this section to determine whether any 77

H. B. No. 128 As Introduced

information exists that indicates that the person who is the 78
subject of the request previously has been convicted of or 79
pleaded guilty to any of the following: 80
(a) A violation of section 2903.01, 2903.02, 2903.03, 81
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 82
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 83
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 84
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 85
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 86
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 87
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 88
2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; 89
(b) An existing or former law of this state, any other 90
state, or the United States that is substantially equivalent to 91
any of the offenses listed in division (A)(2)(a) of this 92
section. 93
(3) On receipt of a request pursuant to section 173.27, 94
173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 95
5123.081, or 5123.169 of the Revised Code, a completed form 96
prescribed pursuant to division (C)(1) of this section, and a 97
set of fingerprint impressions obtained in the manner described 98
in division (C)(2) of this section, the superintendent of the 99
bureau of criminal identification and investigation shall 100
conduct a criminal records check of the person for whom the 101
request is made. The superintendent shall conduct the criminal 102
records check in the manner described in division (B) of this 103
section to determine whether any information exists that 104
indicates that the person who is the subject of the request 105
previously has been convicted of, has pleaded guilty to, or 106
(except in the case of a request pursuant to section 5164.34, 107

H. B. No. 128 As Introduced

5164.341, or 5164.342 of the Revised Code) has been found 108
eligible for intervention in lieu of conviction for any of the 109
following, regardless of the date of the conviction, the date of 110
entry of the guilty plea, or (except in the case of a request 111
pursuant to section 5164.34, 5164.341, or 5164.342 of the 112
Revised Code) the date the person was found eligible for 113
intervention in lieu of conviction: 114
(a) A violation of section 959.13, 959.131, 2903.01, 115
2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 116
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 117
2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 118
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 119
2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 120
2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 121
2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 122
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 123
2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 124
2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 125
2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 126
2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 127
2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 128
2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 129
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 130
2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 131
2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 132
2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the 133
Revised Code; 134

(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(c) A violation of section 2905.04 of the Revised Code as

H. B. No. 128 As Introduced

it existed prior to July 1, 1996; 138
(d) A violation of section 2923.01, 2923.02, or 2923.03 of 139
the Revised Code when the underlying offense that is the object 140
of the conspiracy, attempt, or complicity is one of the offenses 141
listed in divisions (A)(3)(a) to (c) of this section; 142
(e) A violation of an existing or former municipal 143
ordinance or law of this state, any other state, or the United 144
States that is substantially equivalent to any of the offenses 145
listed in divisions (A)(3)(a) to (d) of this section. 146
(4) On receipt of a request pursuant to section 2151.86 or 147
2151.904 of the Revised Code, a completed form prescribed 148
pursuant to division (C)(1) of this section, and a set of 149
fingerprint impressions obtained in the manner described in 150
division (C)(2) of this section, the superintendent of the 151
bureau of criminal identification and investigation shall 152
conduct a criminal records check in the manner described in 153
division (B) of this section to determine whether any 154
information exists that indicates that the person who is the 155
subject of the request previously has been convicted of or 156
pleaded guilty to any of the following: 157
(a) A violation of section 959.13, 2151.421, 2903.01, 158
2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 159
2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 160
2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 161
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 162
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 163
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 164
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 165
2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 166
2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 167

H. B. No. 128 As Introduced

2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 168
2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the 169
Revised Code, a violation of section 2905.04 of the Revised Code 170
as it existed prior to July 1, 1996, a violation of section 171
2919.23 of the Revised Code that would have been a violation of 172
section 2905.04 of the Revised Code as it existed prior to July 173
1, 1996, had the violation been committed prior to that date, a 174
violation of section 2925.11 of the Revised Code that is not a 175
minor drug possession offense, two or more OVI or OVUAC 176
violations committed within the three years immediately 177
preceding the submission of the application or petition that is 178
the basis of the request, or felonious sexual penetration in 179
violation of former section 2907.12 of the Revised Code, or a 180
violation of Chapter 2919. of the Revised Code that is a felony; 181
(b) A violation of an existing or former law of this 182
state, any other state, or the United States that is 183
substantially equivalent to any of the offenses listed in 184
division (A)(4)(a) of this section. 185
(5) Upon receipt of a request pursuant to section 5104.013 186
of the Revised Code, a completed form prescribed pursuant to 187
division (C)(1) of this section, and a set of fingerprint 188
impressions obtained in the manner described in division (C)(2) 189
of this section, the superintendent of the bureau of criminal 190
identification and investigation shall conduct a criminal 191
records check in the manner described in division (B) of this 192
section to determine whether any information exists that 193
indicates that the person who is the subject of the request has 194
been convicted of or pleaded guilty to any of the following: 195
(a) A violation of section 2151.421, 2903.01, 2903.02, 196
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 197

H. B. No. 128 As Introduced

2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 198
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 199
2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 200
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 201
2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 202
2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 203
2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 204
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 205
2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 206
2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 207
2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 208
2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 209
3716.11 of the Revised Code, felonious sexual penetration in 210
violation of former section 2907.12 of the Revised Code, a 211
violation of section 2905.04 of the Revised Code as it existed 212
prior to July 1, 1996, a violation of section 2919.23 of the 213
Revised Code that would have been a violation of section 2905.04 214
of the Revised Code as it existed prior to July 1, 1996, had the 215
violation been committed prior to that date, a violation of 216
section 2925.11 of the Revised Code that is not a minor drug 217
possession offense, a violation of section 2923.02 or 2923.03 of 218
the Revised Code that relates to a crime specified in this 219
division, or a second violation of section 4511.19 of the 220
Revised Code within five years of the date of application for 221
licensure or certification. 222
(b) A violation of an existing or former law of this 223
state, any other state, or the United States that is 224
substantially equivalent to any of the offenses or violations 225
described in division (A)(5)(a) of this section. 226
(6) Upon receipt of a request pursuant to section 5153.111 227
of the Revised Code, a completed form prescribed pursuant to 228

H. B. No. 128 As Introduced

division (C)(1) of this section, and a set of fingerprint 229
impressions obtained in the manner described in division (C)(2) 230
of this section, the superintendent of the bureau of criminal 231
identification and investigation shall conduct a criminal 232
records check in the manner described in division (B) of this 233
section to determine whether any information exists that 234
indicates that the person who is the subject of the request 235
previously has been convicted of or pleaded guilty to any of the 236
following: 237
(a) A violation of section 2903.01, 2903.02, 2903.03, 238
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 239
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 240
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 241
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 242
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 243
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 244
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised 245
Code, felonious sexual penetration in violation of former 246
section 2907.12 of the Revised Code, a violation of section 247
2905.04 of the Revised Code as it existed prior to July 1, 1996, 248
a violation of section 2919.23 of the Revised Code that would 249
have been a violation of section 2905.04 of the Revised Code as 250
it existed prior to July 1, 1996, had the violation been 251
committed prior to that date, or a violation of section 2925.11 252
of the Revised Code that is not a minor drug possession offense; 253
(b) A violation of an existing or former law of this 254
state, any other state, or the United States that is 255
substantially equivalent to any of the offenses listed in 256
division (A)(6)(a) of this section. 257
(7) On receipt of a request for a criminal records check 258

H. B. No. 128 As Introduced

from an individual pursuant to section 4749.03 or 4749.06 of the 259
Revised Code, accompanied by a completed copy of the form 260
prescribed in division (C)(1) of this section and a set of 261
fingerprint impressions obtained in a manner described in 262
division (C)(2) of this section, the superintendent of the 263
bureau of criminal identification and investigation shall 264
conduct a criminal records check in the manner described in 265
division (B) of this section to determine whether any 266
information exists indicating that the person who is the subject 267
of the request has been convicted of or pleaded guilty to any 268
criminal offense in this state or in any other state. If the 269
individual indicates that a firearm will be carried in the 270
course of business, the superintendent shall require information 271
from the federal bureau of investigation as described in 272
division (B)(2) of this section. Subject to division (F) of this 273
section, the superintendent shall report the findings of the 274
criminal records check and any information the federal bureau of 275
investigation provides to the director of public safety. 276
(8) On receipt of a request pursuant to section 1321.37, 277
1321.53, or 4763.05 of the Revised Code, a completed form 278
prescribed pursuant to division (C)(1) of this section, and a 279
set of fingerprint impressions obtained in the manner described 280
in division (C)(2) of this section, the superintendent of the 281
bureau of criminal identification and investigation shall 282
conduct a criminal records check with respect to any person who 283
has applied for a license, permit, or certification from the 284
department of commerce or a division in the department. The 285
superintendent shall conduct the criminal records check in the 286
manner described in division (B) of this section to determine 287
whether any information exists that indicates that the person 288
who is the subject of the request previously has been convicted 289

H. B. No. 128 As Introduced

of or pleaded guilty to any criminal offense in this state, any 290
other state, or the United States. 291

(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.

(10) On receipt of a request pursuant to section 124.74, 317
718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised 318
Code, a completed form prescribed pursuant to division (C)(1) of 319
this section, and a set of fingerprint impressions obtained in 320

H. B. No. 128 As Introduced

the manner described in division (C)(2) of this section, the 321
superintendent of the bureau of criminal identification and 322
investigation shall conduct a criminal records check in the 323
manner described in division (B) of this section to determine 324
whether any information exists that indicates that the person 325
who is the subject of the request previously has been convicted 326
of or pleaded guilty to any criminal offense under any existing 327
or former law of this state, any other state, or the United 328
States. 329
(11) On receipt of a request for a criminal records check 330
from an appointing or licensing authority under section 3772.07 331
of the Revised Code, a completed form prescribed under division 332
(C)(1) of this section, and a set of fingerprint impressions 333
obtained in the manner prescribed in division (C)(2) of this 334
section, the superintendent of the bureau of criminal 335
identification and investigation shall conduct a criminal 336
records check in the manner described in division (B) of this 337
section to determine whether any information exists that 338
indicates that the person who is the subject of the request 339
previously has been convicted of or pleaded guilty or no contest 340
to any offense under any existing or former law of this state, 341
any other state, or the United States that makes the person 342
ineligible for appointment or retention under section 3772.07 of 343
the Revised Code or that is a disqualifying offense as defined 344
in that section or substantially equivalent to a disqualifying 345
offense, as applicable. 346
(12) On receipt of a request pursuant to section 2151.33 347
or 2151.412 of the Revised Code, a completed form prescribed 348
pursuant to division (C)(1) of this section, and a set of 349
fingerprint impressions obtained in the manner described in 350
division (C)(2) of this section, the superintendent of the 351

H. B. No. 128 As Introduced

bureau of criminal identification and investigation shall 352
conduct a criminal records check with respect to any person for 353
whom a criminal records check is required under that section. 354
The superintendent shall conduct the criminal records check in 355
the manner described in division (B) of this section to 356
determine whether any information exists that indicates that the 357
person who is the subject of the request previously has been 358
convicted of or pleaded guilty to any of the following: 359
(a) A violation of section 2903.01, 2903.02, 2903.03, 360
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 361
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 362
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 363
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 364
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 365
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 366
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 367
2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; 368
(b) An existing or former law of this state, any other 369
state, or the United States that is substantially equivalent to 370
any of the offenses listed in division (A)(12)(a) of this 371
section. 372
(13) On receipt of a request pursuant to section 3796.12 373
of the Revised Code, a completed form prescribed pursuant to 374
division (C)(1) of this section, and a set of fingerprint 375
impressions obtained in a manner described in division (C)(2) of 376
this section, the superintendent of the bureau of criminal 377
identification and investigation shall conduct a criminal 378
records check in the manner described in division (B) of this 379
section to determine whether any information exists that 380
indicates that the person who is the subject of the request 381

H. B. No. 128 As Introduced

previously has been convicted of or pleaded guilty to a 382
disqualifying offense as specified in rules adopted under 383
section 9.79 and division (B)(2)(b) of section 3796.03 of the 384
Revised Code if the person who is the subject of the request is 385
an administrator or other person responsible for the daily 386
operation of, or an owner or prospective owner, officer or 387
prospective officer, or board member or prospective board member 388
of, an entity seeking a license from the department of commerce 389
under Chapter 3796. of the Revised Code. 390
(14) On receipt of a request required by section 3796.13 391
of the Revised Code, a completed form prescribed pursuant to 392
division (C)(1) of this section, and a set of fingerprint 393
impressions obtained in a manner described in division (C)(2) of 394
this section, the superintendent of the bureau of criminal 395
identification and investigation shall conduct a criminal 396
records check in the manner described in division (B) of this 397
section to determine whether any information exists that 398
indicates that the person who is the subject of the request 399
previously has been convicted of or pleaded guilty to a 400
disqualifying offense as specified in rules adopted under 401
division (B)(14)(a) of section 3796.03 of the Revised Code if 402
the person who is the subject of the request is seeking 403
employment with an entity licensed by the department of commerce 404
under Chapter 3796. of the Revised Code. 405
(15) On receipt of a request pursuant to section 4768.06 406
of the Revised Code, a completed form prescribed under division 407
(C)(1) of this section, and a set of fingerprint impressions 408
obtained in the manner described in division (C)(2) of this 409
section, the superintendent of the bureau of criminal 410
identification and investigation shall conduct a criminal 411
records check in the manner described in division (B) of this 412

H. B. No. 128 As Introduced

section to determine whether any information exists indicating 413
that the person who is the subject of the request has been 414
convicted of or pleaded guilty to any criminal offense in this 415
state or in any other state. 416

(16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.

(17) On receipt of a request for a criminal records check 429
under section 147.022 of the Revised Code, a completed form 430
prescribed under division (C)(1) of this section, and a set of 431
fingerprint impressions obtained in the manner prescribed in 432
division (C)(2) of this section, the superintendent of the 433
bureau of criminal identification and investigation shall 434
conduct a criminal records check in the manner described in 435
division (B) of this section to determine whether any 436
information exists that indicates that the person who is the 437
subject of the request previously has been convicted of or 438
pleaded guilty or no contest to any criminal offense under any 439
existing or former law of this state, any other state, or the 440
United States. 441

(18) Upon receipt of a request pursuant to division (F) of

H. B. No. 128 As Introduced

section 2915.081 or division (E) of section 2915.082 of the 44
Revised Code, a completed form prescribed under division (C)(1) 44
of this section, and a set of fingerprint impressions obtained 44
in the manner described in division (C)(2) of this section, the 44
superintendent of the bureau of criminal identification and 44
investigation shall conduct a criminal records check in the 44
manner described in division (B) of this section to determine 44
whether any information exists indicating that the person who is 45
the subject of the request has been convicted of or pleaded 45
guilty or no contest to any offense that is a violation of 45
Chapter 2915. of the Revised Code or to any offense under any 45
existing or former law of this state, any other state, or the 45
United States that is substantially equivalent to such an 45
offense. 45
(19) On receipt of a request pursuant to section 3775.03 457
of the Revised Code, a completed form prescribed under division 458
(C)(1) of this section, and a set of fingerprint impressions 459
obtained in the manner described in division (C)(2) of this 460
section, the superintendent of the bureau of criminal 461
identification and investigation shall conduct a criminal 462
records check in the manner described in division (B) of this 463
section and shall request information from the federal bureau of 464
investigation to determine whether any information exists 465
indicating that the person who is the subject of the request has 466
been convicted of any offense under any existing or former law 467
of this state, any other state, or the United States that is a 468
disqualifying offense as defined in section 3772.07 of the 469
Revised Code. 470
(B) Subject to division (F) of this section, the 471
superintendent shall conduct any criminal records check to be 472
conducted under this section as follows: 473

H. B. No. 128 As Introduced

(1) The superintendent shall review or cause to be 474
reviewed any relevant information gathered and compiled by the 475
bureau under division (A) of section 109.57 of the Revised Code 476
that relates to the person who is the subject of the criminal 477
records check, including, if the criminal records check was 478
requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 479
173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 480
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 481
3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 482
4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 483
4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 484
5123.169, or 5153.111 of the Revised Code, any relevant 485
information contained in records that have been sealed under 486
section 2953.32 of the Revised Code; 487
(2) If the request received by the superintendent asks for 488
information from the federal bureau of investigation, the 489
superintendent shall request from the federal bureau of 490
investigation any information it has with respect to the person 491
who is the subject of the criminal records check, including 492
fingerprint-based checks of national crime information databases 493
as described in 42 U.S.C. 671 if the request is made pursuant to 494
section 2151.86 or 5104.013 of the Revised Code or if any other 495
Revised Code section requires fingerprint-based checks of that 496
nature, and shall review or cause to be reviewed any information 497
the superintendent receives from that bureau. If a request under 498
section 3319.39 of the Revised Code asks only for information 499
from the federal bureau of investigation, the superintendent 500
shall not conduct the review prescribed by division (B)(1) of 501
this section. 502
(3) The superintendent or the superintendent's designee 50
may request criminal history records from other states or the 50

H. B. No. 128 As Introduced

federal government pursuant to the national crime prevention and 505
privacy compact set forth in section 109.571 of the Revised 506
Code. 507
(4) The superintendent shall include in the results of the 508
criminal records check a list or description of the offenses 509
listed or described in the relevant provision of division (A) of 510
this section. The superintendent shall exclude from the results 511
any information the dissemination of which is prohibited by 512
federal law. 513
(5) The superintendent shall send the results of the 514
criminal records check to the person to whom it is to be sent 515
not later than the following number of days after the date the 516
superintendent receives the request for the criminal records 517
check, the completed form prescribed under division (C)(1) of 518
this section, and the set of fingerprint impressions obtained in 519
the manner described in division (C)(2) of this section: 520
(a) If the superintendent is required by division (A) of 521
this section (other than division (A)(3) of this section) to 522
conduct the criminal records check, thirty; 523
(b) If the superintendent is required by division (A)(3) 524
of this section to conduct the criminal records check, sixty. 525
(C)(1) The superintendent shall prescribe a form to obtain 526
the information necessary to conduct a criminal records check 527
from any person for whom a criminal records check is to be 528
conducted under this section. The form that the superintendent 529
prescribes pursuant to this division may be in a tangible 530
format, in an electronic format, or in both tangible and 531
electronic formats. 532
(2) The superintendent shall prescribe standard impression 533

H. B. No. 128 As Introduced

sheets to obtain the fingerprint impressions of any person for 534
whom a criminal records check is to be conducted under this 535
section. Any person for whom a records check is to be conducted 536
under this section shall obtain the fingerprint impressions at a 537
county sheriff's office, municipal police department, or any 538
other entity with the ability to make fingerprint impressions on 53
the standard impression sheets prescribed by the superintendent. 540
The office, department, or entity may charge the person a 541
reasonable fee for making the impressions. The standard 542
impression sheets the superintendent prescribes pursuant to this 543
division may be in a tangible format, in an electronic format, 544
or in both tangible and electronic formats. 545

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.

(4) The superintendent of the bureau of criminal 554
identification and investigation may prescribe methods of 555
forwarding fingerprint impressions and information necessary to 556
conduct a criminal records check, which methods shall include, 557
but not be limited to, an electronic method. 558
(D) The results of a criminal records check conducted 559
under this section, other than a criminal records check 560
specified in division (A)(7) of this section, are valid for the 561
person who is the subject of the criminal records check for a 562
period of one year from the date upon which the superintendent 563

H. B. No. 128 As Introduced

completes the criminal records check. If during that period the 564
superintendent receives another request for a criminal records 565
check to be conducted under this section for that person, the 566
superintendent shall provide the results from the previous 567
criminal records check of the person at a lower fee than the fee 568
prescribed for the initial criminal records check. 569
(E) When the superintendent receives a request for 570
information from a registered private provider, the 571
superintendent shall proceed as if the request was received from 572
a school district board of education under section 3319.39 of 573
the Revised Code. The superintendent shall apply division (A)(1) 574
(c) of this section to any such request for an applicant who is 575
a teacher. 576
(F)(1) Subject to division (F)(2) of this section, all 577
information regarding the results of a criminal records check 578
conducted under this section that the superintendent reports or 579
sends under division (A)(7) or (9) of this section to the 580
director of public safety, the treasurer of state, or the 581
person, board, or entity that made the request for the criminal 582
records check shall relate to the conviction of the subject 583
person, or the subject person's plea of guilty to, a criminal 584
offense. 585
(2) Division (F)(1) of this section does not limit, 586
restrict, or preclude the superintendent's release of 587
information that relates to the arrest of a person who is 588
eighteen years of age or older, to an adjudication of a child as 589
a delinquent child, or to a criminal conviction of a person 590
under eighteen years of age in circumstances in which a release 591
of that nature is authorized under division (E)(2), (3), or (4) 592
of section 109.57 of the Revised Code pursuant to a rule adopted 593

H. B. No. 128 As Introduced

under division (E)(l） of that section.
(G) As used in this section:	595
(l） "Criminal records check" means any criminal records	596
	597
identification and investigation in accordance with division (B)	598
of this section.	599
	009
as in section 2925.01 of the Revised Code.	601
(3） "ovI or OvUAC violation" means a violation of section	602
451l.l9 of the Revised Code or a violation of an existing or	603
former law of this state, any other state, or the United States	604
that is substantially equivalent to section 4511.l9 of the	605
Revised Code.	909
(4） "Registered private provider" means a nonpublic school	607
or entity registered with the department of education and	809
workforce under section 3310.4l of the Revised Code to	609
participate in the autism scholarship program or section 3310.58	610
of the Revised Code to participate in the Jon Peterson special	611
needs scholarship program.	612
Sec.2305.11. (A） An action for libel, slander, malicious	613
prosecution, or false imprisonment, an action for malpractice	614
other than an action upon a medical， dental， optometric， or	615
chiropractic claim, an action for legal malpractice against an	616
attorney or a law firm or legal professional association, or an	617
action upon a statute for a penalty or forfeiture shall be	618
commenced within one year after the cause of action accrued,	619
	620
minimum wages, unpaid overtime compensation, or liquidated	621
damages by reason of the nonpayment of minimum wages or overtime	622

H. B. No. 128 As Introduced

compensation shall be commenced within two years after the cause of action accrued.

(B) A civil action for unlawful abortion pursuant to section 2919.12 of the Revised Code, a civil action authorized by division (H) of section 2317.56 of the Revised Code, and a civil action pursuant to division (B) of section 2307.52 of the Revised Code for terminating or attempting to terminate a human pregnancy after viability in violation of division (A) of section 2919.17 of the Revised Code, and a civil action for terminating or attempting to terminate a human pregnancy of a pain-capable unborn child in violation of division (E) of section 2919.201 of the Revised Code shall be commenced within one year after the performance or inducement of the abortion or within one year after the attempt to perform or induce the abortion in violation of division (A) of section 2919.17 of the Revised Code or division (E) of section 2919.201 of the Revised Code.

623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652

(C) As used in this section, "medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code.

Sec. 2305.2312. As used in this section, "reproductive health care" and "reproductive health care helper" have the same meanings as in section 3732.07 of the Revised Code.

Except as provided in sections 2307.52, 2307.53, 2307.54, 2919.12, 2919.121, 2919.123, 2919.13, 2919.14, 2919.15, 2919.151, 2919.16, and 2919.17 of the Revised Code, a health care provider providing reproductive health care, a health care facility where reproductive health care is provided, an individual seeking or accessing reproductive health care, or a reproductive health care helper is not liable for or subject to

H. B. No. 128 As Introduced

any of the following for injury, death, or loss to person or property that allegedly arises from any act or omission associated with providing reproductive health care: damages in a civil action, prosecution in a criminal proceeding, or professional disciplinary action. This section does not apply if the act or omission constitutes willful or wanton misconduct or reckless disregard for the consequences so as to affect the life or health of the patient.

Sec. 2317.02. The following persons shall not testify in certain respects:

(A)(1) An attorney, concerning a communication made to the attorney by a client in that relation or concerning the attorney's advice to a client, except that the attorney may testify by express consent of the client or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of the deceased client. However, if the client voluntarily reveals the substance of attorney-client communications in a nonprivileged context or is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the attorney may be compelled to testify on the same subject.

The testimonial privilege established under this division does not apply concerning either of the following:

(a) A communication between a client in a capital case, as 676
defined in section 2901.02 of the Revised Code, and the client's 677
attorney if the communication is relevant to a subsequent 678
ineffective assistance of counsel claim by the client alleging 679
that the attorney did not effectively represent the client in 680
the case; 681

H. B. No. 128 As Introduced

(b) A communication between a client who has since died and the deceased client's attorney if the communication is relevant to a dispute between parties who claim through that deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased client when the deceased client executed a document that is the basis of the dispute or whether the deceased client was a victim of fraud, undue influence, or duress when the deceased client executed a document that is the basis of the dispute.

(2) An attorney, concerning a communication made to the attorney by a client in that relationship or the attorney's advice to a client, except that if the client is an insurance company, the attorney may be compelled to testify, subject to an in camera inspection by a court, about communications made by the client to the attorney or by the attorney to the client that are related to the attorney's aiding or furthering an ongoing or future commission of bad faith by the client, if the party seeking disclosure of the communications has made a prima-facie showing of bad faith, fraud, or criminal misconduct by the client.

(B)(1) A physician, advanced practice registered nurse, or 703
dentist concerning a communication made to the physician, 704
advanced practice registered nurse, or dentist by a patient in 705
that relation or the advice of a physician, advanced practice 706
registered nurse, or dentist given to a patient, except as 707
otherwise provided in this division, division (B)(2), and 708
division (B)(3) of this section, and except that, if the patient 709
is deemed by section 2151.421 of the Revised Code to have waived 710
any testimonial privilege under this division, the physician or 711
advanced practice registered nurse may be compelled to testify 712

H. B. No. 128 As Introduced

on the same subject. 713
The testimonial privilege established under this division 714
does not apply, and a physician, advanced practice registered 715
nurse, or dentist may testify or may be compelled to testify, in 716
any of the following circumstances: 717
(a) In any civil action, in accordance with the discovery 718
provisions of the Rules of Civil Procedure in connection with a 719
civil action, or in connection with a claim under Chapter 4123. 720
of the Revised Code, under any of the following circumstances: 721
(i) If the patient or the guardian or other legal 722
representative of the patient gives express consent; 723
(ii) If the patient is deceased, the spouse of the patient 724
or the executor or administrator of the patient's estate gives 725
express consent; 726
(iii) If a medical claim, dental claim, chiropractic 727
claim, or optometric claim, as defined in section 2305.113 of 728
the Revised Code, an action for wrongful death, any other type 729
of civil action, or a claim under Chapter 4123. of the Revised 730
Code is filed by the patient, the personal representative of the 731
estate of the patient if deceased, or the patient's guardian or 732
other legal representative. 733
(b) In any civil action concerning court-ordered treatment 734
or services received by a patient, if the court-ordered 735
treatment or services were ordered as part of a case plan 736
journalized under section 2151.412 of the Revised Code or the 737
court-ordered treatment or services are necessary or relevant to 738
dependency, neglect, or abuse or temporary or permanent custody 739
proceedings under Chapter 2151. of the Revised Code. 740
(c) In any criminal action concerning any test or the 741

H. B. No. 128 As Introduced

results of any test that determines the presence or 742
concentration of alcohol, a drug of abuse, a combination of 743
them, a controlled substance, or a metabolite of a controlled 744
substance in the patient's whole blood, blood serum or plasma, 745
breath, urine, or other bodily substance at any time relevant to 746
the criminal offense in question. 747

(d) In any criminal action against a physician, advanced practice registered nurse, or dentist. In such an action, the testimonial privilege established under this division does not prohibit the admission into evidence, in accordance with the Rules of Evidence, of a patient's medical or dental records or other communications between a patient and the physician, advanced practice registered nurse, or dentist that are related to the action and obtained by subpoena, search warrant, or other lawful means. A court that permits or compels a physician, advanced practice registered nurse, or dentist to testify in such an action or permits the introduction into evidence of patient records or other communications in such an action shall require that appropriate measures be taken to ensure that the confidentiality of any patient named or otherwise identified in the records is maintained. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.

(e)(i) If the communication was between a patient who has 765
since died and the deceased patient's physician, advanced 766
practice registered nurse, or dentist, the communication is 767
relevant to a dispute between parties who claim through that 768
deceased patient, regardless of whether the claims are by 769
testate or intestate succession or by inter vivos transaction, 770
and the dispute addresses the competency of the deceased patient 771
when the deceased patient executed a document that is the basis 772

H. B. No. 128 As Introduced

of the dispute or whether the deceased patient was a victim of 773
fraud, undue influence, or duress when the deceased patient 774
executed a document that is the basis of the dispute. 775
(ii) If neither the spouse of a patient nor the executor 776
or administrator of that patient's estate gives consent under 777
division (B)(1)(a)(ii) of this section, testimony or the 778
disclosure of the patient's medical records by a physician, 779
advanced practice registered nurse, dentist, or other health 780
care provider under division (B)(1)(e)(i) of this section is a 781
permitted use or disclosure of protected health information, as 782
defined in 45 C.F.R. 160.103, and an authorization or 783
opportunity to be heard shall not be required. 784
(iii) Division (B)(1)(e)(i) of this section does not 785
require a mental health professional to disclose psychotherapy 786
notes, as defined in 45 C.F.R. 164.501. 787
(iv) An interested person who objects to testimony or 788
disclosure under division (B)(1)(e)(i) of this section may seek 789
a protective order pursuant to Civil Rule 26. 790
(v) A person to whom protected health information is 791
disclosed under division (B)(1)(e)(i) of this section shall not 792
use or disclose the protected health information for any purpose 793
other than the litigation or proceeding for which the 794
information was requested and shall return the protected health 795
information to the covered entity or destroy the protected 796
health information, including all copies made, at the conclusion 797
of the litigation or proceeding. 798
(2)(a) If any law enforcement officer submits a written 799
statement to a health care provider that states that an official 800
criminal investigation has begun regarding a specified person or 801

H. B. No. 128 As Introduced

that a criminal action or proceeding has been commenced against a specified person, that requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at any time relevant to the criminal offense in question, and that conforms to section 2317.022 of the Revised Code, the provider, except to the extent specifically prohibited by any law of this state or of the United States, shall supply to the officer a copy of any of the requested records the provider possesses. If the health care provider does not possess any of the requested records, the provider shall give the officer a written statement that indicates that the provider does not possess any of the requested records.

(b) If a health care provider possesses any records of the 819
type described in division (B)(2)(a) of this section regarding 820
the person in question at any time relevant to the criminal 821
offense in question, in lieu of personally testifying as to the 822
results of the test in question, the custodian of the records 823
may submit a certified copy of the records, and, upon its 824
submission, the certified copy is qualified as authentic 825
evidence and may be admitted as evidence in accordance with the 826
Rules of Evidence. Division (A) of section 2317.422 of the 827
Revised Code does not apply to any certified copy of records 828
submitted in accordance with this division. Nothing in this 829
division shall be construed to limit the right of any party to 830
call as a witness the person who administered the test to which 831
the records pertain, the person under whose supervision the test 832

H. B. No. 128 As Introduced

was administered, the custodian of the records, the person who 833
made the records, or the person under whose supervision the 834
records were made. 835

(3)(a) If the testimonial privilege described in division (B)(1) of this section does not apply as provided in division (B)(1)(a)(iii) of this section, a physician, advanced practice registered nurse, or dentist may be compelled to testify or to submit to discovery under the Rules of Civil Procedure only as to a communication made to the physician, advanced practice registered nurse, or dentist by the patient in question in that relation, or the advice of the physician, advanced practice registered nurse, or dentist given to the patient in question, that related causally or historically to physical or mental injuries that are relevant to issues in the medical claim, dental claim, chiropractic claim, or optometric claim, action for wrongful death, other civil action, or claim under Chapter 4123. of the Revised Code.

(b) If the testimonial privilege described in division (B) (1) of this section does not apply to a physician, advanced practice registered nurse, or dentist as provided in division (B)(1)(c) of this section, the physician, advanced practice registered nurse, or dentist, in lieu of personally testifying as to the results of the test in question, may submit a certified copy of those results, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of results submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test in question, the person under whose

H. B. No. 128 As Introduced

supervision the test was administered, the custodian of the results of the test, the person who compiled the results, or the person under whose supervision the results were compiled.

(4) The testimonial privilege described in division (B)(1) of this section is not waived when a communication is made by a physician or advanced practice registered nurse to a pharmacist or when there is communication between a patient and a pharmacist in furtherance of the physician-patient or advanced practice registered nurse-patient relation.

(5)(a) As used in divisions (B)(1) to (4) of this section, "communication" means acquiring, recording, or transmitting any information, in any manner, concerning any facts, opinions, or statements necessary to enable a physician, advanced practice registered nurse, or dentist to diagnose, treat, prescribe, or act for a patient. A "communication" may include, but is not limited to, any medical or dental, office, or hospital communication such as a record, chart, letter, memorandum, laboratory test and results, x-ray, photograph, financial statement, diagnosis, or prognosis.

864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892

(b) As used in division (B)(2) of this section, "health care provider" means a hospital, ambulatory care facility, longterm care facility, pharmacy, emergency facility, or health care practitioner.

(c) As used in division (B)(5)(b) of this section:

(i) "Ambulatory care facility" means a facility that provides medical, diagnostic, or surgical treatment to patients who do not require hospitalization, including a dialysis center, ambulatory surgical facility, cardiac catheterization facility, diagnostic imaging center, extracorporeal shock wave lithotripsy

H. B. No. 128 As Introduced

center, home health agency, inpatient hospice, birthing center, 893
radiation therapy center, emergency facility, and an urgent care 894
center. "Ambulatory health care facility" does not include the 895
private office of a physician, advanced practice registered 896
nurse, or dentist, whether the office is for an individual or 897
group practice. 898
(ii) "Emergency facility" means a hospital emergency 899
department or any other facility that provides emergency medical 900
services. 901
(iii) "Health care practitioner" has the same meaning as 902
in section 4769.01 of the Revised Code. 903
(iv) "Hospital" has the same meaning as in section 3727.01 904
of the Revised Code. 905
(v) "Long-term care facility" means a nursing home, 906
residential care facility, or home for the aging, as those terms 907
are defined in section 3721.01 of the Revised Code; a 908
residential facility licensed under section 5119.34 of the 909
Revised Code that provides accommodations, supervision, and 910
personal care services for three to sixteen unrelated adults; a 911
nursing facility, as defined in section 5165.01 of the Revised 912
Code; a skilled nursing facility, as defined in section 5165.01 913
of the Revised Code; and an intermediate care facility for 914
individuals with intellectual disabilities, as defined in 915
section 5124.01 of the Revised Code. 916
(vi) "Pharmacy" has the same meaning as in section 4729.01 917
of the Revised Code. 918
(d) As used in divisions (B)(1) and (2) of this section, 919

"drug of abuse" has the same meaning as in section 4506.01 of the Revised Code.

H. B. No. 128 As Introduced

(6) Divisions (B)(1), (2), (3), (4), and (5) of this 922
section apply to doctors of medicine, doctors of osteopathic 923
medicine, doctors of podiatry, advanced practice registered 924
nurses, and dentists. 925

(7) Nothing in divisions (B)(1) to (6) of this section affects, or shall be construed as affecting, the immunity from civil liability conferred by section 307.628 of the Revised Code or the immunity from civil liability conferred by section 2305.33 of the Revised Code upon physicians or advanced practice registered nurses who report an employee's use of a drug of abuse, or a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee in accordance with division (B) of that section. As used in division (B)(7) of this section, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code and "advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code.

(C)(1) A cleric, when the cleric remains accountable to the authority of that cleric's church, denomination, or sect, concerning a confession made, or any information confidentially communicated, to the cleric for a religious counseling purpose in the cleric's professional character. The cleric may testify by express consent of the person making the communication, except when the disclosure of the information is in violation of a sacred trust and except that, if the person voluntarily testifies or is deemed by division (A)(4)(c) of section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the cleric may be compelled to testify on the same subject except when disclosure of the information is in violation of a sacred trust.

H. B. No. 128 As Introduced

(2) As used in division (C) of this section: 952
(a) "Cleric" means a member of the clergy, rabbi, priest, 953
Christian Science practitioner, or regularly ordained, 954
accredited, or licensed minister of an established and legally 955
cognizable church, denomination, or sect. 956
(b) "Sacred trust" means a confession or confidential 957
communication made to a cleric in the cleric's ecclesiastical 958
capacity in the course of discipline enjoined by the church to 959
which the cleric belongs, including, but not limited to, the 960
Catholic Church, if both of the following apply: 961
(i) The confession or confidential communication was made 962
directly to the cleric. 963
(ii) The confession or confidential communication was made 964
in the manner and context that places the cleric specifically 965
and strictly under a level of confidentiality that is considered 966
inviolate by canon law or church doctrine. 967
(D) Husband or wife, concerning any communication made by 968
one to the other, or an act done by either in the presence of 969
the other, during coverture, unless the communication was made, 970
or act done, in the known presence or hearing of a third person 971
competent to be a witness; and such rule is the same if the 972
marital relation has ceased to exist; 973
(E) A person who assigns a claim or interest, concerning 974
any matter in respect to which the person would not, if a party, 975
be permitted to testify; 976
(F) A person who, if a party, would be restricted under 977
section 2317.03 of the Revised Code, when the property or thing 978
is sold or transferred by an executor, administrator, guardian, 979
trustee, heir, devisee, or legatee, shall be restricted in the 980

H. B. No. 128 As Introduced

same manner in any action or proceeding concerning the property 981
or thing. 982
(G)(1) A school guidance counselor who holds a valid 983
educator license from the state board of education as provided 984
for in section 3319.22 of the Revised Code, a person licensed 985
under Chapter 4757. of the Revised Code as a licensed 986
professional clinical counselor, licensed professional 987
counselor, social worker, independent social worker, marriage 988
and family therapist or independent marriage and family 989
therapist, or registered under Chapter 4757. of the Revised Code 990
as a social work assistant concerning a confidential 991
communication received from a client in that relation or the 992
person's advice to a client unless any of the following applies: 993
(a) The communication or advice indicates clear and 994
present danger to the client or other persons. For the purposes 995
of this division, cases in which there are indications of 996
present or past child abuse or neglect of the client constitute 997
a clear and present danger. 998
(b) The client gives express consent to the testimony. 999
(c) If the client is deceased, the surviving spouse or the 1000
executor or administrator of the estate of the deceased client 1001
gives express consent. 1002
(d) The client voluntarily testifies, in which case the 1003
school guidance counselor or person licensed or registered under 1004
Chapter 4757. of the Revised Code may be compelled to testify on 1005
the same subject. 1006
(e) The court in camera determines that the information 1007
communicated by the client is not germane to the counselor- 1008
client, marriage and family therapist-client, or social worker- 1009

H. B. No. 128 As Introduced

client relationship.	1010
(f） A court, in an action brought against a school, its	1011
administration, or any of its personnel by the client, rules
after an in-camera inspection that the testimony of the school	1012
guidance counselor is relevant to that action.	1013
	1014
(g） The testimony is sought in a civil action and concerns	1015
court-ordered treatment or services received by a patient as	1016
part of a case plan journalized under section 2151.412 of the	1017
	1018
necessary or relevant to dependency, neglect, or abuse or	1019
temporary or permanent custody proceedings under Chapter 2151.	1020
of the Revised Code.	1021
(2） Nothing in division (G)(l） of this section shall	1022
relieve a school guidance counselor or a person licensed or	1023
registered under Chapter 4757. of the Revised Code from the	1024
requirement to report information concerning child abuse or neglect under section 2151.421 of the Revised Code.	1025
	1026
(H) A mediator acting under a mediation order issued under	1027
division (A) of section 3109.052 of the Revised Code or otherwise issued in any proceeding for divorce, dissolution,	1028
legal separation, annulment, or the allocation of parental	1029
rights and responsibilities for the care of children, in any	1030
action or proceeding, other than a criminal, delinquency, child	1031
	1032
	1033
that is brought by or against either parent who takes part in	1034
mediation in accordance with the order and that pertains to the	1035
	1036
the mediation process, to the allocation of parental rights and	1037
responsibilities for the care of the parents' children, or to	1038
the awarding of parenting time rights in relation to their	1039

H. B. No. 128 As Introduced

children; 1040
communications assistant, acting within the scope of 1041
the communication assistant's authority, when providing 1042
ations relay service pursuant to section 4931.06 of 1043
the Revised Code or Title II of the "Communications Act of 1044
1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a 1045
communication made through a telecommunications relay service. 1046
Nothing in this section shall limit the obligation of a 1047
communications assistant to divulge information or testify when 1048
mandated by federal law or regulation or pursuant to subpoena in 1049
a criminal proceeding. 1050
g in this section shall limit any immunity or 1051
privilege granted under federal law or regulation. 1052
A chiropractor in a civil proceeding concerning a 1053
communication made to the chiropractor by a patient in that 1054
relation or the chiropractor's advice to a patient, except as 1055
ovided in this division. The testimonial privilege 1056
established under this division does not apply, and a 1057
chiropractor may testify or may be compelled to testify, in any 1058
civil action, in accordance with the discovery provisions of the 1059
il Procedure in connection with a civil action, or 1060
in connection with a claim under Chapter 4123. of the Revised 1061
Code, under any of the following circumstances: 1062
the patient or the guardian or other legal 1063
ve of the patient gives express consent. 1064
the patient is deceased, the spouse of the patient 1065
or the executor or administrator of the patient's estate giv 1066
express consent. 1067
a medical claim, dental claim, chiropractic claim, 1068

H. B. No. 128 As Introduced

or optometric claim, as defined in section 2305.113 of the 1069
Revised Code, an action for wrongful death, any other type of 1070

civil action, or a claim under Chapter 4l23. of the Revised Code

is filed by the patient, the personal representative of the

estate of the patient if deceased, or the patient's guardian or 1073

other legal representative. 1074

(2） If the testimonial privilege described in division (J) 1075

(） uotst u ao1d d iou uoto ua o () 1076

(l)(c) of this section, a chiropractor may be compelled to 1077

testify or to submit to discovery under the Rules of Civil 1078

a 1079

the patient in question in that relation, or the chiropractor's 1080

1081

historically to physical or mental injuries that are relevant to 1082

issues in the medical claim, dental claim, chiropractic claim, 1083

or optometric claim, action for wrongful death, other civil 1084

action, or claim under Chapter 4123. of the Revised Code. 1085

(3） The testimonial privilege established under this 1086

1087

compelled to testify, in any criminal action or administrative 1088

proceeding. 1089

(4） As used in this division, "communication" means 1090

acquiring, recording, or transmitting any information, in any 1091

manner, concerning any facts, opinions, or statements necessary 1092

to enable a chiropractor to diagnose, treat， or act for a 1093

patient.A communication may include, but is not limited to, any 1094

chiropractic, office, or hospital communication such as a 1095

record, chart, letter, memorandum, laboratory test and results, 1096 1097

x-ray, photograph, financial statement, diagnosis, or prognosis. (K)(l） Except as provided under division (K)(2） of this 1098

H. B. No. 128 As Introduced

section, a critical incident stress management team member 109
concerning a communication received from an individual who 110
receives crisis response services from the team member, or the 1101
team member's advice to the individual, during a debriefing 1102
session. 1103
(2) The testimonial privilege established under division 1104
(K)(1) of this section does not apply if any of the following 1105
are true: 1106
(a) The communication or advice indicates clear and 1107
present danger to the individual who receives crisis response 1108
services or to other persons. For purposes of this division, 1109
cases in which there are indications of present or past child 1110
abuse or neglect of the individual constitute a clear and 1111
present danger. 1112
(b) The individual who received crisis response services 1113
gives express consent to the testimony. 1114
(c) If the individual who received crisis response 1115
services is deceased, the surviving spouse or the executor or 1116
administrator of the estate of the deceased individual gives 1117
express consent. 1118
(d) The individual who received crisis response services 1119
voluntarily testifies, in which case the team member may be 1120
compelled to testify on the same subject. 1121
(e) The court in camera determines that the information 1122
communicated by the individual who received crisis response 1123
services is not germane to the relationship between the 1124
individual and the team member. 1125
(f) The communication or advice pertains or is related to 1126
any criminal act. 1127

H. B. No. 128 As Introduced

(3) As used in division (K) of this section: 1128
(a) "Crisis response services" means consultation, risk 1129
assessment, referral, and on-site crisis intervention services 1130
provided by a critical incident stress management team to 1131
individuals affected by crisis or disaster. 1132
(b) "Critical incident stress management team member" or 1133
"team member" means an individual specially trained to provide 1134
crisis response services as a member of an organized community 1135
or local crisis response team that holds membership in the Ohio 1136
critical incident stress management network. 1137
(c) "Debriefing session" means a session at which crisis 1138
response services are rendered by a critical incident stress 1139
management team member during or after a crisis or disaster. 1140
(L)(1) Subject to division (L)(2) of this section and 1141
except as provided in division (L)(3) of this section, an 1142
employee assistance professional, concerning a communication 1143
made to the employee assistance professional by a client in the 1144
employee assistance professional's official capacity as an 1145
employee assistance professional. 1146
(2) Division (L)(1) of this section applies to an employee 1147
assistance professional who meets either or both of the 1148
following requirements: 1149
(a) Is certified by the employee assistance certification 1150
commission to engage in the employee assistance profession; 1151
(b) Has education, training, and experience in all of the 1152
following: 1153
(i) Providing workplace-based services designed to address 1154
employer and employee productivity issues; 1155

H. B. No. 128 As Introduced

(ii) Providing assistance to employees and employees' 1156
dependents in identifying and finding the means to resolve 1157
personal problems that affect the employees or the employees' 1158
performance; 1159
(iii) Identifying and resolving productivity problems 1160
associated with an employee's concerns about any of the 1161
following matters: health, marriage, family, finances, substance 1162
abuse or other addiction, workplace, law, and emotional issues; 1163
(iv) Selecting and evaluating available community 1164
resources; 1165
(v) Making appropriate referrals; 1166
(vi) Local and national employee assistance agreements; 1167
(vii) Client confidentiality. 1168
(3) Division (L)(1) of this section does not apply to any 1169
of the following: 1170
(a) A criminal action or proceeding involving an offense 1171
under sections 2903.01 to 2903.06 of the Revised Code if the 1172
employee assistance professional's disclosure or testimony 1173
relates directly to the facts or immediate circumstances of the 1174
offense; 1175
(b) A communication made by a client to an employee 1176
assistance professional that reveals the contemplation or 1177
commission of a crime or serious, harmful act; 1178
(c) A communication that is made by a client who is an 1179
unemancipated minor or an adult adjudicated to be incompetent 1180
and indicates that the client was the victim of a crime or 1181
abuse; 1182

H. B. No. 128 As Introduced

(d) A civil proceeding to determine an individual's mental 1183
competency or a criminal action in which a plea of not guilty by 1184
reason of insanity is entered; 1185
(e) A civil or criminal malpractice action brought against 1186
the employee assistance professional; 1187
(f) When the employee assistance professional has the 1188
express consent of the client or, if the client is deceased or 1189
disabled, the client's legal representative; 1190
(g) When the testimonial privilege otherwise provided by 1191
division (L)(1) of this section is abrogated under law. 1192
(M) A patient, concerning the patient's own reproductive 1193
health care, including miscarriage and abortion history, unless 1194
that patient consents to do so. 1195
Sec. 2919.10. (A) As used in this section: 1196
(1) "Down syndrome" means a chromosome disorder associated 1197
either with an extra chromosome twenty-one, in whole or in part, 1198
or an effective trisomy for chromosome twenty-one. 1199
(2) "Physician," "pregnant," and "unborn child" have the 1200
same meanings as in section 2919.16 of the Revised Code. 1201
(B) No person shall purposely perform or induce or attempt 1202
to perform or induce an abortion on a pregnant woman if the 1203
person has knowledge that the pregnant woman is seeking the 1204
abortion, in whole or in part, because of any of the following: 1205
(1) A test result indicating Down syndrome in an unborn 1206
child; 1207
(2) A prenatal diagnosis of Down syndrome in an unborn 1208
child; 1209

H. B. No. 128 As Introduced

	(3） Any other reason to believe that an unborn child has	1210
wn syndrome.		1211
	(C） Whoever violates division (B) of this section is	1212
	ilty of performing or attempting to perform an abortion that	1213
	s being sought because of Down syndrome, a felony of the	1214
urth degree.		1215
	(D) The state medical board shall revoke a physician's	1216
	cense to practice medicine in this state if the physician	1217
olates division (B) of this section.		1218
	(E） Any physician who violates division (B) of this	1219
	ction is liable in a civil action for compensatory and	1220
	emplary damages and reasonable attorney's fees to any person,	1221
	the representative of the estate of any person, who sustains	1222
	jury， death, or loss to person or property as the result of	1223
	e performance or inducement or the attempted performance or	1224
	ducement of the abortion. In any action under this division,	1225
	atnba 1auao to aounu Kue ptme eu oste anoo a	1226
	lief that the court considers appropriate.	1227
	(F) A pregnant woman on whom an abortion is performed or	1228
		1229
	vision (B) of this section is not guilty of violating division	1230
	)of this section or of attempting to commit， conspiring to	1231
	nmit， or complicity in committing a violation of division (B)	1232
this section.		1233
	(G) If any provision of this section is held invalid, or	1234
	the application of any provision of this section to any	1235
	rson or circumstance is held invalid, the invalidity of that	1236
	ovision does not affect any other provisions or applications	1237
	this section and sections 2919.11 to 2919.193-2919.18_of the	1238

H. B. No. 128 As Introduced

Revised Code that can be given effect without the invalid

1241

1242

Code. In particular, it is the intent of the general assembly 1243 that any invalidity or potential invalidity of a provision of 1244

this section is not to impair the immediate and continuing 1245

enforceability of any other provisions of this section and 1246

sections 2919.11 to 2919.193-2919.18_of the Revised Code. It is 1247

furthermore the intent of the general assembly that the 1248

provisions of this section are not to have the effect of

1249

repealing or limiting any other laws of this state. 1250

(H) The general assembly may, by joint resolution, appoint 1251

one or more of its members who sponsored or cosponsored 1252

_B__of the 132nd general assembly to intervene as a matter of 1253

right in any case in whieh the constitutionality of this section 1254

is challenged. 1255

Sec. 2919.12. (A) No person shall perform or induce an 1256

abortion without the informed consent of the pregnant woman. 1257

1o o o ()()() 1258

abortion upon a woman who is pregnant, unmarried, under eighteen 1259

years of age, and unemancipated unless at least one of the 1260

following applies: 1261

(i）Subject to division (B)(2) of this section， the person 1262

1263

by telephone, to one of the woman's parents， her guardian, or 1264

her custodian as to the intention to perform or induce the 1265

abortion, provided that if the woman has requested, in 1266

accordance with division (B）(l）(b）of this section，that notice 1267

be given to a specified brother or sister of the woman who is 1268

H. B. No. 128

	twenty-one years of age or older or to a specified stepparent or	1269
	grandparent of the woman instead of to one of her parents, her	1270
	guardian, or her custodian, and if the person is notified by a	1271
	juvenile court that affidavits of the type described in that	1272
	division have been filed with that court, the twenty-four hours	1273
		1274
	perform or induce the abortion shall be given, in person or by	1275
	telephone, to the specified brother, sister, stepparent, or	1276
	grandparent instead of to the parent, guardian, or custodian;	1277
	(ii） One of the woman's parents, her guardian, or her	1278
	custodian has consented in writing to the performance or	1279
	inducement of the abortion;	1280
	(iii） A juvenile court pursuant to section 2151.85 of the	1281
		1282
	the abortion without notification of one of her parents, her	1283
guardian, or her custodian;		1284
	(iv） A juvenile court or a court of appeals， by its	1285
	inaction, constructively has authorized the woman to consent to	1286
	the abortion without notification of one of her parents, her	1287
	guardian, or her custodian under division (B)(l） of section	1288
		1289
	(b） If a woman who is pregnant, unmarried, under eighteen	1290
	years of age, and unemancipated desires notification as to a	1291
		1292
	to be given to a specified brother or sister of the woman who is	1293
	twenty-one years of age or older or to a specified stepparent or	1294
	grandparent of the woman instead of to one of her parents, her	1295
	guardian, or her custodian, the person who intends to perform or	1296
	induce the abortion shall notify the specified brother, sister,	1297
	stepparent, or grandparent instead of the parent, guardian, or	1298

H. B. No. 128 As Introduced

custodian for purposes of division (B)(1)(a)(i) of this section 1299
if all of the following apply: 1300

(i) The woman has requested the person to provide the notification to the specified brother, sister, stepparent, or grandparent, clearly has identified the specified brother, sister, stepparent, or grandparent and her relation to that person, and, if the specified relative is a brother or sister, has indicated the age of the brother or sister;

(ii) The woman has executed an affidavit stating that she is in fear of physical, sexual, or severe emotional abuse from the parent, guardian, or custodian who otherwise would be notified under division (B)(1)(a)(i) of this section, and that the fear is based on a pattern of physical, sexual, or severe emotional abuse of her exhibited by that parent, guardian, or custodian, has filed the affidavit with the juvenile court of the county in which the woman has a residence or legal settlement, the juvenile court of any county that borders to any extent the county in which she has a residence or legal settlement, or the juvenile court of the county in which the hospital, clinic, or other facility in which the abortion would be performed or induced is located, and has given the court written notice of the name and address of the person who intends to perform or induce the abortion;

1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
1316
1317
1318
1319
1320
1321
1322
1323
1324
1325
1326
1327
1328

(iii) The specified brother, sister, stepparent, or grandparent has executed an affidavit stating that the woman has reason to fear physical, sexual, or severe emotional abuse from the parent, guardian, or custodian who otherwise would be notified under division (B)(1)(a)(i) of this section, based on a pattern of physical, sexual, or severe emotional abuse of her by that parent, guardian, or custodian, and the woman or the

H. B. No. 128 As Introduced

specified brother, sister, stepparent, or grandparent has filed the affidavit with the juvenile court in which the affidavit described in division (B)(1)(b)(ii) of this section was filed;

(iv) The juvenile court in which the affidavits described in divisions (B)(1)(b)(ii) and (iii) of this section were filed has notified the person that both of those affidavits have been filed with the court.

(c) If an affidavit of the type described in division (B) (1)(b)(ii) of this section and an affidavit of the type described in division (B)(1)(b)(iii) of this section are filed with a juvenile court and the court has been provided with written notice of the name and address of the person who intends to perform or induce an abortion upon the woman to whom the affidavits pertain, the court promptly shall notify the person who intends to perform or induce the abortion that the affidavits have been filed. If possible, the notice to the person shall be given in person or by telephone.

(2) If division (B)(1)(a)(ii), (iii), or (iv) of this 1346
section does not apply, and if no parent, guardian, or custodian 1347
can be reached for purposes of division (B)(1)(a)(i) of this 1348
section after a reasonable effort, or if notification is to be 1349
given to a specified brother, sister, stepparent, or grandparent 1350
under that division and the specified brother, sister, 1351
stepparent, or grandparent cannot be reached for purposes of 1352
that division after a reasonable effort, no person shall perform 1353
or induce such an abortion without giving at least forty-eight 1354
hours constructive notice to one of the woman's parents, her 1355
guardian, or her custodian, by both certified and ordinary mail 1356
sent to the last known address of the parent, guardian, or 1357
custodian, or if notification for purposes of division (B)(1)(a) 1358

H. B. No. 128 As Introduced

(i) of this section is to be given to a specified brother, sister, stepparent, or grandparent, without giving at least forty-eight hours constructive notice to that specified brother, sister, stepparent, or grandparent by both certified and ordinary mail sent to the last known address of that specified brother, sister, stepparent, or grandparent. The forty-eighthour period under this division begins when the certified mail notice is mailed. If a parent, guardian, or custodian of the woman, or if notification under division (B)(1)(a)(i) of this section is to be given to a specified brother, sister, stepparent, or grandparent, the specified brother, sister, stepparent, or grandparent, is not reached within the fortyeight-hour period, the abortion may proceed even if the certified mail notice is not received.

(3) If a parent, guardian, custodian, or specified brother, sister, stepparent, or grandparent who has been notified in accordance with division (B)(1) or (2) of this section clearly and unequivocally expresses that he or she such person does not wish to consult with a pregnant woman prior to her abortion, then the abortion may proceed without any further waiting period.

(4) For purposes of prosecutions for a violation of 1380
division (B)(1) or (2) of this section, it shall be a rebuttable 1381
presumption that a woman who is unmarried and under eighteen 1382
years of age is unemancipated. 1383
(C)(1) It is an affirmative defense to a charge under 1384
division (B)(1) or (2) of this section that the pregnant woman 1385
provided the person who performed or induced the abortion with 1386
false, misleading, or incorrect information about her age, 1387
marital status, or emancipation, about the age of a brother or 1388

H. B. No. 128 As Introduced

	sister to whom she requested notice be given as a specified	1389
	relative instead of to one of her parents， her guardian, or her	1390
	custodian, or about the last known address of either of her	1391
	parents, her guardian, her custodian, or a specified brother,	1392
	sister, stepparent, or grandparent to whom she requested notice	1393
		1394
	did not otherwise have reasonable cause to believe the pregnant	1395
	woman was under eighteen years of age, unmarried, or	1396
	unemancipated, to believe that the age of a brother or sister to	1397
	whom she requested notice be given as a specified relative	1398
	instead of to one of her parents, her guardian, or her custodian	1399
	was not twenty-one years of age, or to believe that the last	1400
	known address of either of her parents, her guardian, her	1401
	custodian, or a specified brother, sister, stepparent, or	1402
		1403
		1404
section that compliance with the requirements of this section		1405
		1406
the life or physical health of the pregnant woman from the		1407
	continuation of her pregnancy created an emergency necessitating	1408
		1409
(D） Whoever violates this section is guilty of unlawful		1410
abortion. A violation of division (A） of this section is a		1411
misdemeanor of the first degree on the first offense and a		1412
felony of the fourth degree on each subsequent offense.A		1413
violation of division (B） of this section is a misdemeanor of		1414
the first degree on a first offense and a felony of the fifth		1415
degree on each subsequent offense.
		1416
	(E） Whoever violates this section is liable to the	1417
	pregnant woman and her parents, guardian, or custodian for civil	1418

H. B. No. 128 As Introduced

compensatory and exemplary damages.

(F) As used in this section "unemancipated" means that a woman who is unmarried and under eighteen years of age has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.

Sec. 2953.25. (A) As used in this section:

(1) "Collateral sanction" means a penalty, disability, or disadvantage that is related to employment or occupational licensing, however denominated, as a result of the individual's conviction of or plea of guilty to an offense and that applies by operation of law in this state whether or not the penalty, disability, or disadvantage is included in the sentence or judgment imposed.

1419
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447

"Collateral sanction" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.

(2) "Decision-maker" includes, but is not limited to, the state acting through a department, agency, board, commission, or instrumentality established by the law of this state for the exercise of any function of government, a political subdivision, an educational institution, or a government contractor or subcontractor made subject to this section by contract, law, or ordinance.

(3) "Department-funded program" means a residential or nonresidential program that is not a term in a state correctional institution, that is funded in whole or part by the department of rehabilitation and correction, and that is imposed

H. B. No. 128 As Introduced

as a sanction for an offense, as part of a sanction that is 1448
imposed for an offense, or as a term or condition of any 1449
sanction that is imposed for an offense. 1450
(4) "Designee" means the person designated by the deputy 1451
director of the division of parole and community services to 1452
perform the duties designated in division (B) of this section. 1453
(5) "Division of parole and community services" means the 1454
division of parole and community services of the department of 1455
rehabilitation and correction. 1456
(6) "Offense" means any felony or misdemeanor under the 1457
laws of this state. 1458
(7) "Political subdivision" has the same meaning as in 1459
section 2969.21 of the Revised Code. 1460
(8) "Discretionary civil impact," "licensing agency," an 1461
"mandatory civil impact" have the same meanings as in section 1462
2961.21 of the Revised Code. 1463
(B)(1) An individual who is subject to one or more 1464
collateral sanctions as a result of being convicted of or 1465
pleading guilty to an offense and who either has served a term 1466
in a state correctional institution for any offense or has spent 1467
time in a department-funded program for any offense may file a 1468
petition with the designee of the deputy director of the 1469
division of parole and community services for a certificate of 1470
qualification for employment. 1471
(2) An individual who is subject to one or more collateral 1472
sanctions as a result of being convicted of or pleading guilty 1473
to an offense and who is not in a category described in division 1474
(B)(1) of this section may file for a certificate of 1475
qualification for employment by doing either of the following: 1476

H.B.No.128 AsIntroduced

(a） In the case of an individual who resides in this 1477

1478

1479

deputy director of the division of parole and community 1480

services; 1481

(b) In the case of an individual who resides outside of 1482

this state, filing a petition with the court of common pleas of 1483

any county in which any conviction or plea of guilty from which 1484

the individual seeks relief was entered or with the designee of 1485

the deputy director of the division of parole and community 1486

services. 1487

(3）A petition under division (B)(l）or (2）of this 1488

section shall be made on a copy of the form prescribed by the 1489

division of parole and community services under division (J） of 1490

this section, shall contain all of the information described in 1491

division (F） of this section, and， except as provided in 1492

division (B)(6) of this section, shall be accompanied by an 1493

1494 local court fee of not more than fifty dollars. 1495

()(）(） o1 1 x ()() 1496

section, an individual may file a petition under division (B)(l) 1497 or (2） of this section at any time after the expiration of 1498

whichever of the following is applicable: 1499

(i） If the offense that resulted in the collateral 1500

sanction from which the individual seeks relief is a felony， at 1501

any time after the expiration of one year from the date of 1502

release of the individual from any period of incarceration in a 1503

state or local correctional facility that was imposed for that 1504

offense and all periods of supervision imposed after release 1505

from the period of incarceration or, if the individual was not 1506

H. B. No. 128 As Introduced

		cerated for that offense, at any time after the expiration	1507
	e year from the date of the individual's final release from
	ther sanctions imposed for that offense.	1509
	(ii） If the offense that resulted in the collateral	1510
	ion from which the individual seeks relief is a	1511
	meanor， at any time after the expiration of six months from	1512
	ate of release of the individual from any period of	1513
	ceration in a local correctional facility that was imposed	1514
	hat offense and all periods of supervision imposed after	1515
		1516
	ot incarcerated for that offense, at any time after the	1517
	ation of six months from the date of the final release of	1518
	ndividual from all sanctions imposed for that offense	1519
	ding any period of supervision.	1520
	(b) The department of rehabilitation and correction may	1521
	lish criteria by rule adopted under Chapter 1i9. of the	1522
	ed Code that, if satisfied by an individual, would allow	1523
	ndividual to file a petition before the expiration of six	1524
	S or one year from the date of final release, whichever is	1525
	cable under division (B)(4)(a) of this section.	1526
		1527
	ficate of qualification for employment from an individual	1528
	division (B)(l） or (2） of this Section shall review the	1529
	ion to determine whether it is complete. If the petition is	1530
	ete, the designee shall forward the petition, the	1531
	cation fee, and any other information the designee	1532
	sses that relates to the petition, to the court of common	1533
	of the county in which the individual resides if the idual submitting the petition resides in this state or， if	1534 1535
	ndividual resides outside of this state, to the court of	1536

H. B. No. 128 As Introduced

TosParduounuoo guilty from which the individual seeks relief was entered.

(b） A court of common pleas that receives a petition for a

certificate of qualification for employment from an individual 1540

1542

section， shall attempt to determine all other courts in this 1543

1544

to an offense other than the offense from which the individual 1545

is seeking relief. The court that receives or is forwarded the 1546

petition shall notify all other courts in this state that it 1547

determines under this division were courts in which the 1548

individual was convicted of or pleaded guilty to an offense 1549

other than the offense from which the individual is seeking 1550

relief that the individual has filed the petition and that the 1551

1552

certificate. 1553

A court of common pleas that receives a petition for a 1554 1555

(2） of this section shall notify the county's prosecuting 1556

attorney that the individual has filed the petition. 1557

A court of common pleas that receives a petition for a 1558

certificate of qualification for employment under division (B) 1559

(2） of this section， or that is forwarded a petition for 1560

qualification under division (B)(5)(a) of this section may 1561

direct the clerk of court to process and record all notices 1562

required in or under this section. Except as provided in 1563

division (B)(6) of this section, the court shall pay thirty 1564

1565

twenty dollars of the application fee into the county general 1566

H. B. No. 128 As Introduced

revenue fund. 1567

(6) Upon receiving a petition for a certificate of qualification for employment filed by an individual under division (B)(1) or (2) of this section, a court of common pleas or the designee of the deputy director of the division of parole and community services who receives the petition may waive all or part of the application fee of fifty dollars described in division (B)(3) of this section, for an applicant who presents a poverty affidavit showing that the applicant is indigent. If an applicant pays an application fee, the first twenty dollars or two-fifths of the fee, whichever is greater, that is collected shall be paid into the county general revenue fund. If an applicant pays an application fee, the amount collected in excess of the amount to be paid into the county general revenue fund shall be paid into the state treasury.

(C)(1) Upon receiving a petition for a certificate of 1582
qualification for employment filed by an individual under 1583
division (B)(2) of this section or being forwarded a petition 1584
for such a certificate under division (B)(5)(a) of this section, 1585
the court shall review the individual's petition, the 1586
individual's criminal history, except for information contained 1587
in any record that has been sealed under section 2953.32 of the 1588
Revised Code, all filings submitted by the prosecutor or by the 1589
victim in accordance with rules adopted by the division of 1590
parole and community services, the applicant's military service 1591
record, if applicable, and whether the applicant has an 1592
emotional, mental, or physical condition that is traceable to 1593
the applicant's military service in the armed forces of the 1594
United States and that was a contributing factor in the 1595
commission of the offense or offenses, and all other relevant 1596
evidence. The court may order any report, investigation, or 1597

H. B. No. 128 As Introduced

disclosure by the individual that the court believes is 1598
necessary for the court to reach a decision on whether to 1599
approve the individual's petition for a certificate of 1600
qualification for employment, except that the court shall not 1601
require an individual to disclose information about any record 1602
sealed under section 2953.32 of the Revised Code. 1603

(2) Upon receiving a petition for a certificate of qualification for employment filed by an individual under division (B)(2) of this section or being forwarded a petition for such a certificate under division (B)(5)(a) of this section, except as otherwise provided in this division, the court shall decide whether to issue the certificate within sixty days after the court receives or is forwarded the completed petition and all information requested for the court to make that decision. Upon request of the individual who filed the petition, the court may extend the sixty-day period specified in this division.

(3) Except as provided in division (C)(5) of this section 1614
and subject to division (C)(7) of this section, a court that 1615
receives an individual's petition for a certificate of 1616
qualification for employment under division (B)(2) of this 1617
section or that is forwarded a petition for such a certificate 1618
under division (B)(5)(a) of this section may issue a certificate 1619
of qualification for employment, at the court's discretion, if 1620
the court finds that the individual has established all of the 1621
following by a preponderance of the evidence: 1622
(a) Granting the petition will materially assist the 1623
individual in obtaining employment or occupational licensing. 1624
(b) The individual has a substantial need for the relief 1625
requested in order to live a law-abiding life. 1626

H. B. No. 128 As Introduced

(c) Granting the petition would not pose an unreasonable 1627
risk to the safety of the public or any individual. 1628
(4) The submission of an incomplete petition by an 1629
individual shall not be grounds for the designee or court to 1630
deny the petition. 1631
(5) Subject to division (C)(6) of this section, an 1632
individual is rebuttably presumed to be eligible for a 1633
certificate of qualification for employment if the court that 1634
receives the individual's petition under division (B)(2) of this 1635
section or that is forwarded a petition under division (B)(5)(a) 1636
of this section finds all of the following: 1637
(a) The application was filed after the expiration of the 1638
applicable waiting period prescribed in division (B)(4) of this 1639
section; 1640
(b) If the offense that resulted in the collateral 1641
sanction from which the individual seeks relief is a felony, at 1642
least three years have elapsed since the date of release of the 1643
individual from any period of incarceration in a state or local 1644
correctional facility that was imposed for that offense and all 1645
periods of supervision imposed after release from the period of 1646
incarceration or, if the individual was not incarcerated for 1647
that offense, at least three years have elapsed since the date 1648
of the individual's final release from all other sanctions 1649
imposed for that offense; 1650
(c) If the offense that resulted in the collateral 1651
sanction from which the individual seeks relief is a 1652
misdemeanor, at least one year has elapsed since the date of 1653
release of the individual from any period of incarceration in a 1654
local correctional facility that was imposed for that offense 1655

H. B. No. 128 As Introduced

and all periods of supervision imposed after release from the 1656
period of incarceration or, if the individual was not 1657
incarcerated for that offense, at least one year has elapsed 1658
since the date of the final release of the individual from all 1659
sanctions imposed for that offense including any period of 1660
supervision. 1661
(6) An application that meets all of the requirements for 1662
the presumption under division (C)(5) of this section shall be 1663
denied only if the court that receives the petition finds that 1664
the evidence reviewed under division (C)(1) of this section 1665
rebuts the presumption of eligibility for issuance by 1666
establishing, by clear and convincing evidence, that the 1667
applicant has not been rehabilitated. 1668
(7) A certificate of qualification for employment shal 1669
not create relief from any of the following collateral 1670
sanctions: 1671
(a) Requirements imposed by Chapter 2950. of the Revised 1672
Code and rules adopted under sections 2950.13 and 2950.132 of 1673
the Revised Code; 1674
(b) A driver's license, commercial driver's license, or 1675
probationary license suspension, cancellation, or revocation 1676
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of 1677
the Revised Code if the relief sought is available pursuant to 1678
section 4510.021 or division (B) of section 4510.13 of the 1679
Revised Code; 1680
(c) Restrictions on employment as a prosecutor or law 1681
enforcement officer; 1682
(d) The denial, ineligibility, or automatic suspension of 1683
a license that is imposed upon an individual applying for or 1684

H. B. No. 128 As Introduced

holding a license as a health care professional under Title 1685 XLVII of the Revised Code if the individual is convicted of, 1686

1687

pleads guilty to, is subject to a judicial finding of

eligibility for intervention in lieu of conviction in this state 1688

under section 2951.041 of the Revised Code, or is subject to 1689

treatment or intervention in lieu of conviction for a violation 1690

of section 2903.01, 2903.02, 2903.03， 2903.11， 2905.01, 2907.02, 1691

2907.03, 2907.05, 2909.02, 2911.01, 2911.11， 0r 2919.123,0r 1692

2919.124 of the Revised Code; 1693

(e） The immediate suspension of a license, certificate, or 1694

1695

holding a license as a health care professional under Title 1696

XLVII of the Revised Code pursuant to division (C） of section 1697

3719.121 of the Revised Code; 1698

(f） The denial or ineligibility for employment in a pain 1699

clinic under division (B)(4） of section 4729.552 of the Revised 1700

Code; 1701

t o o uosss o () 1702

on an individual applying for or holding a license as a health 1703

care professional under Title XLVII of the Revised Code pursuant 1704 to section 3123.43 of the Revised Code.

1705

(8） If a court that receives an individual's petition for 1706

a certificate of qualification for employment under division (B) 1707

(2） of this section or that is forwarded a petition for such a 1708

certificate under division (B)(5)(a) of this section denies the 1709

petition, the court shall provide written notice to the 1710

individual of the court's denial. The court may place conditions 1711

on the individual regarding the individual's filing of any 1712

subsequent petition for a certificate of qualification for 1713

employment. The written notice must notify the individual of any 1714

H. B. No. 128 As Introduced

conditions placed on the individual's filing of a subsequent 1715
petition for a certificate of qualification for employment. 1716
If a court of common pleas that receives an individual's 17
petition for a certificate of qualification for employment under 17
division (B)(2) of this section or that is forwarded a petition 17
for such a certificate under division (B)(5)(a) of this section 17
denies the petition, the individual may appeal the decision to 17
the court of appeals only if the individual alleges that the 17
denial was an abuse of discretion on the part of the court of 17
common pleas. 17

(D)(1) A certificate of qualification for employment issued to an individual lifts the automatic bar of a collateral sanction, and a decision-maker shall consider on a case-by-case basis whether to grant or deny the issuance or restoration of an occupational license or an employment opportunity, notwithstanding the individual's possession of the certificate, without, however, reconsidering or rejecting any finding made by a designee or court under division (C)(3) of this section.

(2) The certificate constitutes a rebuttable presumption 1733
that the person's criminal convictions are insufficient evidence 1734
that the person is unfit for the license, employment 1735
opportunity, or certification in question. Notwithstanding the 1736
presumption established under this division, the agency may deny 1737
the license or certification for the person if it determines 1738
that the person is unfit for issuance of the license. 1739
(3) If an employer that has hired a person who has been 1740
issued a certificate of qualification for employment applies to 1741
a licensing agency for a license or certification and the person 1742
has a conviction or guilty plea that otherwise would bar the 1743
person's employment with the employer or licensure for the 1744

H. B. No. 128 As Introduced

employer because of a mandatory civil impact, the agency shall 1745
give the person individualized consideration, notwithstanding 1746
the mandatory civil impact, the mandatory civil impact shall be 1747
considered for all purposes to be a discretionary civil impact, 1748
and the certificate constitutes a rebuttable presumption that 1749
the person's criminal convictions are insufficient evidence that 1750
the person is unfit for the employment, or that the employer is 1751
unfit for the license or certification, in question. 1752
(E) A certificate of qualification for employment does not 1753
grant the individual to whom the certificate was issued relief 1754
from the mandatory civil impacts identified in division (A)(1) 1755
of section 2961.01 or division (B) of section 2961.02 of the 1756
Revised Code. 1757
(F) A petition for a certificate of qualification for 1758
employment filed by an individual under division (B)(1) or (2) 1759
of this section shall include all of the following: 1760
(1) The individual's name, date of birth, and social 1761
security number; 1762
(2) All aliases of the individual and all social security 1763
numbers associated with those aliases; 1764
(3) The individual's residence address, including the 1765
city, county, and state of residence and zip code; 1766
(4) The length of time that the individual has resided in 1767
the individual's current state of residence, expressed in years 1768
and months of residence; 1769
(5) A general statement as to why the individual has filed 1770
the petition and how the certificate of qualification for 1771
employment would assist the individual; 1772

H. B. No. 128 As Introduced

(6) A summary of the individual's criminal history, except 1773
for information contained in any record that has been sealed or 1774
expunged under section 2953.32 or 2953.39 of the Revised Code, 1775
with respect to each offense that is a disqualification from 1776
employment or licensing in an occupation or profession, 1777
including the years of each conviction or plea of guilty for 1778
each of those offenses; 1779
(7) A summary of the individual's employment history, 1780
specifying the name of, and dates of employment with, each 1781
employer; 1782
(8) Verifiable references and endorsements; 1783
(9) The name of one or more immediate family members of 1784
the individual, or other persons with whom the individual has 1785
close relationship, who support the individual's reentry plan; 1786
(10) A summary of the reason the individual believes the 1787
certificate of qualification for employment should be granted; 1788
(11) Any other information required by rule by the 1789
department of rehabilitation and correction. 1790
(G)(1) In a judicial or administrative proceeding alleging 1791
negligence or other fault, a certificate of qualification for 1792
employment issued to an individual under this section may be 1793
introduced as evidence of a person's due care in hiring, 1794
retaining, licensing, leasing to, admitting to a school or 1795
program, or otherwise transacting business or engaging in 1796
activity with the individual to whom the certificate of 1797
qualification for employment was issued if the person knew of 1798
the certificate at the time of the alleged negligence or other 1799
fault. 1800

(2) In any proceeding on a claim against an employer for

H. B. No. 128 As Introduced

negligent hiring, a certificate of qualification for employment 1802
issued to an individual under this section shall provide 1803
immunity for the employer as to the claim if the employer knew 1804
of the certificate at the time of the alleged negligence. 1805
(3) If an employer hires an individual who has been issued 1806
a certificate of qualification for employment under this 1807
section, if the individual, after being hired, subsequently 1808
demonstrates dangerousness or is convicted of or pleads guilty 1809
to a felony, and if the employer retains the individual as an 1810
employee after the demonstration of dangerousness or the 1811
conviction or guilty plea, the employer may be held liable in a 1812
civil action that is based on or relates to the retention of the 1813
individual as an employee only if it is proved by a 1814
preponderance of the evidence that the person having hiring and 1815
firing responsibility for the employer had actual knowledge that 1816
the employee was dangerous or had been convicted of or pleaded 1817
guilty to the felony and was willful in retaining the individual 1818
as an employee after the demonstration of dangerousness or the 1819
conviction or guilty plea of which the person has actual 1820
knowledge. 1821

(H) A certificate of qualification for employment issued under this section shall be revoked if the individual to whom the certificate of qualification for employment was issued is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate of qualification for employment. The department of rehabilitation and correction shall periodically review the certificates listed in the database described in division (K) of this section to identify those that are subject to revocation under this division. Upon identifying a certificate of qualification for employment that is subject to revocation, the department shall note in the

H. B. No. 128 As Introduced

database that the certificate has been revoked, the reason for 1833

revocation, and the effective date of revocation, which shall be 1834 the date of the conviction or plea of guilty subsequent to the 1835

issuance of the certificate. 1836

(I） A designee's forwarding， or failure to forward, a 1837

petition for a certificate of qualification for employment to a 1838

court or a court's issuance, or failure to issue， a petition for 1839

1840 under division (B) of this section does not give rise to a claim

1841

for damages against the department of rehabilitation and 1842 correction or court. 1843

(J） The division of parole and community services shall 1844

adopt rules in accordance with Chapter 1l9. of the Revised Code 1845

for the implementation and administration of this section and 1846

shall prescribe the form for the petition to be used under 1847

division (B)(l）or (2）of this section. The form for the 1848

petition shall include places for all of the information 1849

specified in division (F) of this section. 1850

(K） The department of rehabilitation and correction shall 1851

1852

revoked certificates and tracks the number of certificates 1853

granted and revoked, the industries, occupations, and 1854

1855

most applicable, and the types of employers that have accepted 1856

the certificates. The department shall annually create a report 1857

that summarizes the information maintained in the database and 1858

shall make the report available to the public on its internet 1859

web site. 1860

Sec. 3701.341.(A） The director of health, pursuant to 1861 Chapter 119.-and consistent with Chapter 3726. and seetion 1862

H. B. No. 128 As Introduced

17.56 of the Revised Code, shall adopt rules relating to 1863
abortions and the following subjects: 1864
(1) Post-abortion procedures to protect the health of the 1865
pregnant woman; 1866
(2) Pathological reports; 1867
(3) Humane disposition of the product of human conception; 1868
(4) Counseling. 1869
(B) The director of health shall implement the rules and 1870
shall apply to the court of common pleas for temporary or 1871
manent injunctions restraining a violation or threatened 1872
violation of the rules. This action is an additional remedy not 1873
dependent on the adequacy of the remedy at law. 1874
Sec. 3701.792. (A) The director of health shall develop a 1875
ld survival form to be submitted to the department of health 1876
accordance with division (B) of this section each time a 1877
ld is born alive after an abortion or attempted abortion. In 1878
veloping the form, the director may consult with 1879
tetricians, maternal-fetal specialists, or any other 1880
ofessionals the director considers appropriate. The form shall 1881
lude areas for all of the following to be provided: 1882
(1) The patient number for the woman on whom the abortion 1883
was performed or attempted; 1884
(2) The name, primary business address, and signature of 1885
the attending physician described in section 3701.79 of the 1886
vised Code who performed or attempted to perform the abortion; 1887
(3) The name and address of the facility in which the 1888
ortion was performed or attempted, and whether the facility is 1889
ospital, ambulatory surgical facility, physician's office, or 1890

H. B. No. 128

As Introduced
other facility; 1891
(4) The date the abortion was performed or attempted; 1892
(5) The type of abortion procedure that was performed or 1893
attempted; 1894
(6) The gestational age of the child who was born; 1895
(7) Complications, by type, for both the woman and child; 1896
(8) Any other information the director considers 1897
appropriate. 1898
(B) The attending physician who performed or attempted an 1899
abortion in which a child was born alive after that event shall 1900
complete a child survival form developed under division (A) of 1901
this section. The physician shall submit the completed form to 1902
the department of health not later than fifteen days after the 1903
woman is discharged from the facility. 1904
A completed child survival form is confidential and not a 1905
public record under section 149.43 of the Revised Code. 1906
(C) A copy of the child survival form completed under this 1907
section shall be made part of the medical record maintained for 1908
the woman by the facility in which the abortion was performed or 1909
attempted. 1910
(D) Each facility in which an abortion was performed or 1911
attempted and in which a child was born alive after that event 1912
shall submit monthly and annual reports to the department of 1913
health listing the total number of women on whom an abortion was 1914
performed or attempted at the facility and in which a child was 1915
born alive after that event, delineated by the type of abortion 1916
procedure that was performed or attempted. The annual report 1917
shall be submitted following the conclusion of the state's 1918

H. B. No. 128 As Introduced

fiscal year. Each monthly or annual report shall be submitted 1919
not later than thirty days after the end of the applicable 1920
reporting period. 1921
(E) Not later than the first day of October of each year, 1922
the department shall issue an annual report of the data 1923
submitted to the department for the previous calendar year as 1924
required by this section. At a minimum, the annual report shall 1925
specify the number of women on whom an abortion was performed or 1926
attempted and in which a child was born alive after that event, 1927
delineated by the type of abortion procedure that was performed 1928
or attempted and the facility in which the abortion was 1929
performed or attempted. The report shall not contain any 1930
information that would permit the identity of a woman on whom an 1931
abortion was performed or attempted or any child to be 1932
ascertained. 1933
(F) No person shall purposely fail to comply with the 1934
child survival form submission requirement described in division 1935
(B) of this section or the copy maintenance requirement 1936
described in division (C) of this section. 1937
(G) No person shall purposely fail to comply with the 1938
monthly or annual report submission requirements described in 1939
division (D) of this section. 1940
(H) A woman on whom an abortion is performed or attempted 1941
may file a civil action against a person who violates division 1942
(F) or (G) or this section. A woman who prevails in an action 1943
filed under this division shall receive both of the following 1944
from the person who committed the violation: 1945
(1) Damages in the amount of ten thousand dollars; 1946
(2) Court costs and reasonable attorney's fees. 1947

H. B. No. 128 As Introduced

(I) As used in this section:

(1) "Abortion" has the same meaning as in section 2919.11 of the Revised Code.

(2) "Ambulatory surgical facility" has the same meaning as in section 3702.30 of the Revised Code.

(3) "Hospital" means any building, structure, institution, or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and medical or surgical care for three or more unrelated individuals having illness, disease, injury, or deformity, and regularly making available at least clinical laboratory services, diagnostic x-ray services, treatment facilities for surgery or obstetrical care, or other definitive medical treatment. "Hospital" does not include a "home" as defined in section 3721.01 of the Revised Code.

1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1974
1975
1976

(4) "Physician's office" means an office or portion of an office that is used to provide medical or surgical services to the physician's patients. "Physician's office" does not mean an ambulatory surgical facility, a hospital, or a hospital emergency department.

Sec. 3702.30. (A) As used in this section:

(1) "Ambulatory surgical facility" means a facility in 1968
which surgical services are provided to patients who do not 1969
require hospitalization for inpatient care, the duration of 1970
services for any patient does not extend beyond twenty-four 1971
hours after the patient's admission, and to which any of the 1972
following apply: 1973

(a) The surgical services are provided in a building that is separate from another building in which inpatient care is provided, regardless of whether the separate building is part of

H. B. No. 128 As Introduced

the same organization as the building in which inpatient care is 1977
provided. 1978
(b) The surgical services are provided within a building 1979
n which inpatient care is provided and the entity that operates 1980
he portion of the building where the surgical services are 1981
provided is not the entity that operates the remainder of the 1982
building. 1983
(c) The facility is held out to any person or government 1984
entity as an ambulatory surgical facility or similar facility by 1985
eans of signage, advertising, or other promotional efforts. 1986
"Ambulatory surgical facility" does not include a hospital 1987
emergency department, hospital provider-based department that is 1988
therwise licensed under Chapter 3722. of the Revised Code, or 1989
an office of a physician, podiatrist, or dentist. 1990
(2) "Health care facility" means any of the following: 1991
(a) An ambulatory surgical facility; 1992
(b) A freestanding dialysis center; 1993
(c) A freestanding inpatient rehabilitation facility; 1994
(d) A freestanding birthing center; 1995
(e) A freestanding radiation therapy center; 1996
(f) A freestanding or mobile diagnostic imaging center. 1997
(B) By rule adopted in accordance with sections 3702.12 1998
and 3702.13 of the Revised Code, the director of health shall 1999
blish quality standards for health care facilities. The 2000
dards may incorporate accreditation standards or other 2001
uality standards established by any entity recognized by the 2002
director. 2003

H. B. No. 128 As Introduced

In the case of an ambulatory surgical facility, the
standards shall require the ambulatory surgical facility to		2004
		2005
	maintain an infection control program. The purposes of the	2006
	program are to minimize infections and communicable diseases and	2007
	facilitate a functional and sanitary environment consistent with	2008
	standards of professional practice. To achieve these purposes,	2009
	ambulatory surgical facility staff managing the program shall	2010
	create and administer a plan designed to prevent, identify， and	2011
	manage infections and communicable diseases; ensure that the	2012
		2013
	infection control; ensure that the program is an integral part	2014
	of the ambulatory surgical facility's quality assessment and	2015
		2016
manner corrective and preventive measures that result in		2017
improvement.		2018
	(C) Every ambulatory surgical facility shall require that	2019
	each physician who practices at the facility comply with all	2020
relevant provisions in the Revised Code that relate to the		2021
obtaining of informed consent from a patient.		2022
		2023
facility that makes application for a license and demonstrates		2024
to the director that it meets the quality standards established		2025
		2026
satisfies the informed consent compliance requirements specified		2027
in division (C) of this section.		2028
(E)(l） Except as provided in division (H)(G) of this
section and in section 3702.301 of the Revised Code, no health		2029
		2030 2031
section.		2032
	The general assembly does not intend for the provisions of	2033

H. B. No. 128

As Introduced
this section or section 3702.301 of the Revised Code that	2034
establish health care facility licensing requirements or	2035
exemptions to have an effect on any third-party payments that	2036
may be available for the services provided by either a licensed	2037
	2038
(2） If the department of health finds that a physician who	2039
practices at a health care facility is not complying with any	2040
provision of the Revised Code related to the obtaining of	2041
informed consent from a patient, the department shall report its	2042
finding to the state medical board, the physician, and the	2043
health care facility.	2044
(3） Division (E)(2） of this section does not create， and shall not be construed as creating, a new cause of action or	2045 2046
substantive legal right against a health care facility and in	2047
favor of a patient who allegedly sustains harm as a result of	2048
the failure of the patient's physician to obtain informed	2049
	2050
otherwise caring for the patient in the health care facility.	2051
(F） The rules adopted under division (B） of this section shall include all of the following:	2052 2053
(l） Provisions governing application for, renewal,	2054
suspension, and revocation of a license under this section;	2055
(2） Provisions governing orders issued pursuant to section	2056
	2057
o a o i	2058
by a health care facility;	2059
3702.32 of the Revised Code of civil penalties for violations of	2060
	2061
this section or the rules adopted under this section, including	2062

H. B. No. 128 As Introduced

a scale for determining the amount of the penalties; 2063
(4) Provisions specifying the form inspectors must use 2064
when conducting inspections of ambulatory surgical facilities. 2065
(G) An ambulatory surgical facility that performs or 2066
induces abortions shall comply with section 3701.791 of the 2067
Revised Code. 2068
(H) The following entities are not required to obtain a 2069
license as a freestanding diagnostic imaging center issued under 2070
this section: 2071
(1) A hospital registered under section 3701.07 of the 2072
Revised Code that provides diagnostic imaging; 2073
(2) An entity that is reviewed as part of a hospital 2074
accreditation or certification program and that provides 2075
diagnostic imaging; 2076
(3) An ambulatory surgical facility that provides 2077
diagnostic imaging in conjunction with or during any portion of 2078
a surgical procedure. 2079
Sec. 3732.01. As used in sections 3732.01 to 3732.06 of 2080
the Revised Code: 2081
(A) "Collect" means for a regulated entity to obtain 2082
personal reproductive or sexual health information in any 2083
manner. 2084
(B) "Commerce" has the same meaning as in the "Federal 2085
Trade Commission Act," 15 U.S.C. 44. 2086
(C) "Disclose" means for a regulated entity to release, 2087
transfer, sell, provide access to, license, or divulge personal 2088
reproductive or sexual health information in any manner to a 2089

H. B. No. 128 As Introduced

third party, including the federal government, the state, any 2090
political subdivision, or a law enforcement agency. 2091
(D)(1) "Express consent" means informed, opt-in, 2092
voluntary, specific, and unambiguous written consent, including 2093
by electronic means, to collecting, retaining, using, or 2094
disclosing personal reproductive or sexual health information. 2095
(2) "Express consent" does not include any of the 2096
following: 2097
(a) Consent secured without first providing to the 2098
individual a clear and conspicuous disclosure, apart from any 2099
privacy policy, terms of service, terms of use, general release, 2100
user agreement, or other similar document, of all information 2101
material to the provision of consent; 2102
(b) Hovering over, muting, pausing, or closing a given 2103
piece of content; 2104
(c) Agreement obtained through the use of a user interface 2105
designed or manipulated with the substantial effect of 2106
subverting or impairing user autonomy, decision-making, or 2107
choice. 2108
(E) "Personal information" means information that 2109
identifies, relates to, describes, is reasonably capable of 2110
being associated with, or could reasonably be linked, directly 2111
or indirectly to, a particular individual. 2112
(F) "Personal reproductive or sexual health information" 2113
means personal information relating to the past, present, or 2114
future reproductive or sexual health of an individual, including 2115
any of the following: 2116
(1) Efforts to research or obtain reproductive or sexual 2117

H. B. No. 128 As Introduced

information, services, or supplies, including location information that might indicate an attempt to acquire or receive such information, services, or supplies;

(2) Reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, and the ability to conceive a pregnancy, regardless of whether such individual is sexually active, and whether such individual is engaging in unprotected sex;

(3) Reproductive and sexual health-related surgeries or procedures, including the termination of a pregnancy;

(4) Use or purchase of contraceptives, birth control, or any medication related to reproductive health, including abortifacients;

(5) Bodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, such as basal temperature, cramps, bodily discharge, or hormone levels;

2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
2128
2129
2130
2131
2132
2133
2134
2135
2136
2137
2138
2139
2140
2141
2142
2143
2144
2145

(6) Any information about diagnoses or diagnostic testing, treatment, medications, or the use of any product or service relating to the matters described in divisions (F)(1) to (5) of this section;

(7) Any information described in divisions (F)(1) to (6) of this section that is derived or extrapolated from non-health information, including proxy, derivative, inferred, emergent, or algorithmic data.

(G)(1) "Regulated entity" means any entity, to the extent the entity is engaged in activities in or affecting commerce, that is either:

(a) A person, partnership, or corporation subject to the

H. B. No. 128 H. B. NO. 120 As Introduced

jurisdiction of the federal trade commission under section 5(a)
(2) of the "Federal Trade Commission Act," 15 U.S.C. 45(a)(2); (b) Notwithstanding section 4, 5(a)(2), or 6 of the
"Federal Trade Commission Act," 15 U.S.C. 44; 45(a)(2); 46, or
any jurisdictional limitation of the commission, either of the
following: (i) A common carrier subject to the "Communications Act of
1934,"47 U.S.C. 151 et seq.; (ii) An organization not organized to carry on business
for its own profit or that of its members. (2) "Regulated entity" does not include any of the
following: (a) An entity that is a covered entity, as defined in 45
C.F.R. 160.103, to the extent the entity is acting as a covered
entity under the HIPAA privacy regulations, as defined in
section 1180(b)(3) of the "Social Security Act," 42 U.S.C.
1320d–9(b)(3); (b) An entity that is a business associate, as defined in
45 C.F.R. 160.103, to the extent the entity is acting as a
business associate under the HIPAA privacy regulations, as
defined in section 1180(b)(3) of the "Social Security Act," 42
U.S.C. 1320d–9(b)(3); (c) An entity that is subject to restrictions on
disclosure of records under section 543 of the "Public Health
Service Act," 42 U.S.C. 290dd–2, to the extent the entity is
acting in a capacity subject to the restrictions. (H)(1) "Service provider" means a person to whom both of
the following apply:

2146
2147
2148
2149
2150
2151
2152
2153
2154
2155
2156
2157
2158
2159
2160
2161
2162
2163
2164
2165
2166
2167
2168
2169
2170
2171
2172
2173

H. B. No. 128 As Introduced

(a) Collects, retains, uses, or discloses personal
reproductive or sexual health information for the sole purpose
of, and only to the extent that the person is, conducting
business activities on behalf of, for the benefit of, under
instruction of, and under contractual agreement with a regulated
entity and not any other individual or entity; (b) Does not divulge personal reproductive or sexual
health information to any individual or entity other than such
regulated entity or a contractor to such service provider bound
to information processing terms not less restrictive than terms
to which the service provider is bound. (2) A person shall only be considered a service provider
in the course of activities described in division (H)(1)(a) of
this section. (I) "Third party" means any person who is not any of the
following: (1) The regulated entity that is disclosing or collecting
personal reproductive or sexual health information; (2) The individual to whom the personal reproductive or
sexual health information relates; (3) A service provider. Sec. 3732.02. (A) A regulated entity shall not collect,
retain, use, or disclose personal reproductive or sexual health
information, except under either of the following circumstances: (1) With the express consent of the individual to whom
such information relates; (2) As is strictly necessary to provide a product or
service that the individual to whom the information relates has

2174
2175
2176
2177
2178
2179
2180
2181
2182
2183
2184
2185
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195
2196
2197
2198
2199
2200
2201

H. B. No. 128 As Introduced

requested from the regulated entity. 2202
(B) A regulated entity shall restrict access to personal 2203
reproductive or sexual health information to the employees or 2204
service providers of the regulated entity for which access is 2205
necessary to provide a product or service that the individual to 2206
whom the information relates has requested from the regulated 2207
entity. 2208
(C) For purposes of compliance with this section by a 2209
service provider of a regulated entity, a request from an 2210
individual to the regulated entity for a product or service, and 2211
an express consent from the individual to the regulated entity, 2212
shall be treated as having also been provided to the service 2213
provider. 2214
Sec. 3732.03. (A) (1) A regulated entity shall make 2215
available a reasonable mechanism by which an individual, upon a 2216
verified request, may access both of the following: 2217
(a) Any personal reproductive or sexual health information 2218
relating to the individual that is retained by the regulated 2219
entity, including both of the following: 2220
(i) In the case of the information that the regulated 2221
entity collected from third parties, how and from which specific 2222
third parties the regulated entity collected the information; 2223
(ii) The information that the regulated entity inferred 2224
about the individual. 2225
(b) A list of the specific third parties to which the 2226
regulated entity has disclosed any personal reproductive or 2227
sexual health information relating to such individual. 2228
(2) A regulated entity shall make the information 2229

H. B. No. 128 As Introduced

described in division (A)(1) of this section available in both a 2230
human-readable format and a structured, interoperable, and 2231
machine-readable format. 2232
(B)(1) A regulated entity shall make available a 2233
reasonable mechanism by which an individual, upon a verified 2234
request, may request the deletion of any personal reproductive 2235
or sexual health information relating to the individual that is 2236
retained by the regulated entity, including any information that 2237
the regulated entity collected from a third party or inferred 2238
from other information retained by the regulated entity. 2239
(2) A regulated entity shall comply with a verified 2240
request received under this section without undue delay but not 2241
later than fifteen days after the date on which such regulated 2242
entity receives the verified request. 2243
(3) A regulated entity shall not charge a fee to an 2244
individual for a request made under this section. 2245
(C) Nothing in this section shall be construed to require 2246
a regulated entity to do any of the following: 2247
(1) Take an action that would convert information that is 2248
not personal information into personal information; 2249
(2) Collect or retain personal information that the 2250
regulated entity would otherwise not collect or retain; 2251
(3) Retain personal information longer than the regulated 2252
entity would otherwise retain the information. 2253
(D) For purposes of this section, "reasonable mechanism" 2254
means, with respect to a regulated entity and a right under 2255
division (B) of this section, a mechanism to which both of the 2256
following apply: 2257

H. B. No. 128 As Introduced

(1) It is equivalent in availability and ease of use to 2258
that of other mechanisms for communicating or interacting with 2259
the regulated entity. 2260
(2) It includes an online means of exercising the right 2261
described under division (B) of this section. 2262
Sec. 3732.04. (A) A regulated entity shall maintain a 2263
privacy policy relating to the practices of the regulated entity 2264
regarding the collecting, retaining, using, and disclosing of 2265
personal reproductive or sexual health information. 2266
(B) If a regulated entity has a web site, it shall 2267
prominently publish the privacy policy on the web site. 2268
(C) The privacy policy shall be clear and conspicuous and 2269
shall include all of the following: 2270
(1) A description of the practices of the regulated entity 2271
regarding the collecting, retaining, using, and disclosing of 2272
personal reproductive or sexual health information; 2273
(2) A clear and concise statement of the categories of the 2274
information collected, retained, used, or disclosed by the 2275
regulated entity; 2276
(3) A clear and concise statement of the purposes of the 2277
regulated entity for the collecting, retaining, using, or 2278
disclosing of the information; 2279
(4) A list of the specific third parties to which the 2280
regulated entity discloses the information, and a clear and 2281
concise statement of the purposes for which the regulated entity 2282
discloses the information, including how the information may be 2283
used by each such third party; 2284
(5) A list of the specific third parties from which the 2285

H. B. No. 128 As Introduced

regulated entity has collected the information, and a clear and concise statement of the purposes for which the regulated entity collects the information;

2286
2287
2288
2289
2290
2291
2292
2293
2294
2295
2296
2297
2298
2299
2300
2301
2302
2303
2304
2305
2306
2307
2308
2309
2310
2311
2312

(6) A clear and concise statement describing the extent to
which individuals may exercise control over the collecting,
retaining, using, and disclosing of personal reproductive or
sexual health information by the regulated entity, and the steps
an individual must take to implement such controls; (7) A clear and concise statement describing the efforts
of the regulated entity to protect personal reproductive or
sexual health information from unauthorized disclosure. Sec. 3732.05. (A) Any individual alleging a violation of
sections 3732.02 to 3732.04 of the Revised Code may bring a
civil action in any court of competent jurisdiction. (B) In a civil action brought under this section in which
the plaintiff prevails, the court may award the following: (1) An amount not less than one hundred dollars and not
greater than one thousand dollars per violation per day, or
actual damages, whichever is greater; (2) Punitive damages; (3) Reasonable attorneys' fees and litigation costs; (4) Any other relief, including equitable or declaratory
relief, that the court determines appropriate. (C) A violation of sections 3732.02 to 3732.04 of the
Revised Code constitutes a concrete and particularized injury in
fact to the individual to whom such information relates. (D)(1) Notwithstanding any other provision of law, no pre

H. B. No. 128 As Introduced

dispute arbitration agreement or pre-dispute joint-action waiver is valid or enforceable with respect to a dispute arising under sections 3732.02 to 3732.04 of the Revised Code.

(2) Any determination as to whether or how division (D) of this section applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement purports to delegate the determination to an arbitrator.

(E) For purposes of this section:

(1) "Pre-dispute arbitration agreement" means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement.

(2) "Pre-dispute joint-action waiver" means an agreement that would prohibit a party from participating in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.

2313
2314
2315
2316
2317
2318
2319
2320
2321
2322
2323
2324
2325
2326
2327
2328
2329
2330
2331
2332
2333
2334
2335
2336
2337
2338
2339
2340
2341

Sec. 3732.06. (A) A violation of sections 3732.02 to 3732.04 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A person injured by a violation of those sections has a cause of action and is entitled to the same relief available to a consumer under section 1345.09 of the Revised Code.

(B) The attorney general shall enforce sections 3732.02 to 3732.04 of the Revised Code in the same manner, by the same means, and with the same jurisdiction, powers, and duties as applicable for violations of sections 1345.01 to 1345.13 of the Revised Code. Any regulated entity that violates those sections is subject to the provisions, including penalties, of Chapter

H. B. No. 128 As Introduced

1. of the Revised Code.

(C) The attorney general may adopt rules as necessary to implement and enforce sections 3732.02 to 3732.04 of the Revised Code. Any rules shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec. 3732.07. As used in sections 3732.07 to 3732.09 of

the Revised Code:

(A) "Abusive litigant" means a person who voluntarily initiates or intervenes in abusive litigation.

(B) "Abusive litigation" means litigation or other legal action, whether civil or criminal in nature, that is intended to deter, prevent, sanction or punish any person providing or obtaining reproductive health care, or assisting another to receive or provide reproductive health care by either of the following:

2342
2343
2344
2345
2346
2347
2348
2349
2350
2351
2352
2353
2354
2355
2356
2357
2358
2359
2360
2361
2362
2363
2364
2365
2366
2367
2368
2369

(1) Filing or prosecuting any action where liability, in whole or in part, is based on reproductive health care that occurred in Ohio, was provided in Ohio, or was intended to be obtained or provided in Ohio, including any action in which liability is based on any theory of vicarious, joint, or several liability derived therefrom;

(2) Attempting to enforce any order or judgment issued in connection with any action described in division (B)(1) of this section against an Ohio protected party.

(C) "Contraception" means any medication, device, procedure, or practice designed or employed to prevent pregnancy, the use of which is lawful in Ohio.

(D) "Protected party" means a reproductive health care

H. B. No. 128 As Introduced

provider, a reproductive health care helper, or an individual accessing or seeking to access reproductive health care in Ohio.

(E) "Reproductive health care" means all medical, surgical, counseling, or referral services that are lawful in Ohio or the receipt of products relating to the human reproductive system that is lawful in Ohio, including services or products relating to the use or intended use of a particular medicine or device, medical service or procedure, practice, or similar intervention, that are related to the human reproductive system, including fertility-related medical procedures or medicines; sexually transmitted disease prevention, testing, or treatment; gender affirming care; and family planning services and counseling, such as those related to birth control medication or supplies, other contraception methods, sterilization procedures, pregnancy testing, or the intended or actual initiation or termination of a pregnancy.

2370
2371
2372
2373
2374
2375
2376
2377
2378
2379
2380
2381
2382
2383
2384
2385
2386
2387
2388
2389
2390
2391
2392
2393
2394
2395
2396
2397
2398
2399

(F) "Reproductive health care helper" means a person who facilitates or otherwise has supported or is supporting an individual in seeking or receiving reproductive health care in Ohio, including a person who provides funding, lodging, transportation, doula services, information, data sharing services such as electronic medical records programs, or other financial or practical support to an individual seeking or receiving reproductive health care.

(G) "Take part in abusive litigation" means to voluntarily engage in abusive litigation without legal compulsion in a manner that is intended to deter, prevent, sanction, or punish a protected party for such party's connection to reproductive health care in Ohio.

(H) "Wrongful action" means the procurement, initiation,

H. B. No. 128 As Introduced

or continuation of abusive litigation that causes harm to a protected party where any of the following apply:

(1) An Ohio court definitively concludes that the abusive litigation is plainly baseless as a matter of law.

(2) The abusive litigation at issue was voluntarily withdrawn or dismissed and there was no objective basis to conclude the abusive litigation would result in an enforceable judgment against the protected party.

(3) The abusive litigation was dismissed by a court and there was no objective basis to conclude the abusive litigation would result in an enforceable judgment against the protected party.

2400
2401
2402
2403
2404
2405
2406
2407
2408
2409
2410
2411
2412
2413
2414
2415
2416
2417
2418
2419
2420
2421
2422
2423
2424
2425
2426
2427
2428

(4) An abusive litigant has obtained a judgment in a foreign state through abusive litigation and sought to enforce such judgment in Ohio but enforcement has been refused because the judgment is penal in nature or proscribes future conduct, the original court lacked jurisdiction, or the court has otherwise recognized an exception to recognition of such judgment, and there was no objective basis to conclude the judgment would be enforceable against the protected party in Ohio.

(5) An abusive litigant has collected on a judgment obtained through abusive litigation predicated, in whole or in material part, on conduct that occurred in Ohio and to which all of the following apply:

(a) The conduct was lawful in Ohio at the time it took place.

(b) There is no comparable cause of action or liability under Ohio law.

H. B. No. 128 As Introduced

(c) There is no law or legal principle that prevents the 2429
recoupment of damages for the harm caused to the protected party 2430
aggrieved by such abusive litigation. 2431
Sec. 3732.08. (A) No person shall take part in abusive 2432
litigation against any Ohio reproductive health care patient, 2433
that such person knows or should know will constitute a wrongful 2434
action where liability, in whole or in part, is based on an 2435
individual seeking or receiving reproductive health care in Ohio 2436
that is lawful in Ohio. 2437
(B)(1) Except as provided in division (B)(2) of this 2438
section, no person shall take part in abusive litigation against 2439
a reproductive health care provider or reproductive health care 2440
helper that such person knows or should know will constitute a 2441
wrongful action where liability, in whole or in part, is related 2442
to either of the following: 2443
(a) The alleged provision of, the alleged seeking of, or 2444
an individual allegedly receiving reproductive health care in 2445
Ohio; 2446
(b) The alleged aiding or assisting in the provision, 2447
seeking, or receipt of reproductive health care in Ohio that is 2448
lawful in Ohio. 2449
(2) Division (B)(1) of this section does not apply to 2450
either of the following: 2451
(a) A tort, contract, or statute-based litigation, if a 2452
similar claim would exist under Ohio law if brought by the 2453
individual who received the reproductive health care service on 2454
which the original lawsuit was based, or if brought by the 2455
individual's authorized legal representative, for damages 2456
suffered from harm to the individual or another's loss of 2457

H. B. No. 128 As Introduced

2458
2459
2460
2461
2462
2463
2464
2465
2466
2467
2468
2469
2470
2471
2472
2473
2474
2475
2476
2477
2478
2479
2480
2481
2482
2483
2484 2485

consortium with the individual; (b) A breach of contract litigation, if a similar claim
would exist under Ohio law if brought or sought to be enforced
by a party with a contractual relationship with the person that
is the subject of the action in another state. (C) Any person aggrieved by a wrongful action in violation
of this section may bring a civil action in a court of competent
jurisdiction against an abusive litigant and may recover, for
each violation, the following: (1) Actual damages created by the wrongful action,
including money damages in the amount of any judgment awarded in
such wrongful action, and reasonable attorney's fees and costs
incurred to defend against such wrongful action, whether or not
a judgment was awarded; (2) Reasonable attorneys' fees and costs incurred to bring
an action under this section; (3) Any other legal or equitable relief as the court may
determine appropriate to remedy the violation. Sec. 3732.09. (A) Nothing in sections 3732.01 to 3732.09
of the Revised Code shall be construed to do the following: (1) Apply to a lawsuit brought in another jurisdiction
where no part of the acts that formed the basis for liability
occurred in Ohio or application of sections 3732.01 to 3732.09
of the Revised Code would result in the extraterritorial
application of those sections in a manner that is not
incidental; (2) Limit the rights of an aggrieved person to recover
damages or seek legal protection under any other applicable law

H. B. No. 128 As Introduced

2486
2487
2488 2489
2490
2491 2492
2493
2494
2495
2496
2497 2498
2499
2500
2501
2502
2503
2504
2505
2506
2507
2508
2509
2510
2511
2512
2513

or legal theory.

(B) The provisions of sections 3732.01 to 3732.09 of the Revised Code shall be interpreted consistently with the United States Constitution and other applicable law and shall not unlawfully prohibit constitutionally protected activity.

Sec. 3732.11. (A) No health care provider or health care facility shall be required or compelled to provide patient records to any out-of-state third party, including the federal government, another state, any political subdivision, or a law enforcement agency.

(B) For purposes of this section: (1) "Health care facility" has the same meaning as in section 2925.11 of the Revised Code. (2) "Health care provider" has the same meaning as in section 2305.2311 of the Revised Code.

Sec. 4112.01. (A) As used in this chapter:

(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. "Person" also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, appraiser, agent, employee, lending institution, and the state and all political subdivisions, authorities, agencies, boards, and commissions of the state.

(2) "Employer" means the state, any political subdivision of the state, or a person employing four or more persons within the state, and any agent of the state, political subdivision, or

H. B. No. 128 As Introduced

person.		2514
	(3) "Employee" means an individual employed by any	2515
	employer but does not include any individual employed in the	2516
domestic service of any person.		2517
	u uozubo u su "uozu1o 1oq" ()	2518
	exists， in whole or in part, for the purpose of collective	2519
	bargaining or of dealing with employers concerning grievances,	2520
	terms or conditions of employment， or other mutual aid or	2521
protection in relation to employment.		2522
	anbau uosiad ue sapnout "ouabe auauotdwgu (s)	2523
	undertaking, with or without compensation, to procure	2524
	opportunities to work or to procure, recruit, refer， or place	2525
employees.		2526
	(6）"Commission" means the Ohio civil rights commission	2527
	created by section 4112.03 of the Revised Code.	2528
	(7） "Discriminate" includes segregate or separate.	2529
	(8） "Unlawful discriminatory practice" means any act	2530
	prohibited by section 4112.02, 4112.021, or 4112.022 of the	2531
Revised Code.		2532
	(9） "Place of public accommodation" means any inn,	2533
	restaurant, eating house, barbershop, public conveyance by air,	2534
	land, or water, theater， store, other place for the sale of	2535
	merchandise, or any other place of public accommodation or	2536
	amusement of which the accommodations, advantages, facilities,	2537
or privileges are available to the public.		2538
	o butpta Ku spnout "suotapouoooe butsnoh" (o1)	2539
	structure, or portion of a building or structure， that is used	2540
	or occupied or is intended, arranged, or designed to be used or	2541

H. B. No. 128 As Introduced

sleeping place of one or more individuals, groups, or families		2543
		2544
vacant land offered for sale or lease. "Housing accommodations"		2545
		2546
	sale or rent by a real estate broker, salesperson, or agent, by	2547
	any other person pursuant to authorization of the owner, by the	2548
owner, or by the owner's legal representative.		2549
		2550
	limiting the transfer, rental, lease, or other use of any	2551
	housing accommodations because of race, color, religion, sex,	2552
	military status, familial status, national origin, disability,	2553
	or ancestry, or any limitation based upon affiliation with or	2554
	approval by any person, directly or indirectly, employing race,	2555
	color, religion, Sex, military status, familial status, national	2556
	origin, disability, or ancestry as a condition of affiliation or	2557
approval.		2558
		2559
	persons within any public burial ground or cemetery, including,	2560
		2561
	corporations, townships, or companies or associations	2562
incorporated for cemetery purposes.		2563
	1o d "i ()	2564
	that substantially limits one or more major life activities,	2565
	including the functions of caring for one's self, performing	2566
	manual tasks, walking, seeing, hearing, speaking, breathing,	2567
	learning, and working; a record of a physical or mental	2568
	impairment; or being regarded as having a physical or mental	2569
impairment.		2570
		2571

H. B. No. 128 As Introduced

the Revised Code, "age" means an individual aged forty years or 2572
older. 2573
(15) "Familial status" means either of the following: 2574
(a) One or more individuals who are under eighteen years 2575
of age and who are domiciled with a parent or guardian having 2576
legal custody of the individual or domiciled, with the written 2577
permission of the parent or guardian having legal custody, with 2578
a designee of the parent or guardian; 2579
(b) Any person who is pregnant or in the process of 2580
securing legal custody of any individual who is under eighteen 2581
years of age. 2582
(16)(a) Except as provided in division (A)(16)(b) of this 2583
section, "physical or mental impairment" includes any of the 2584
following: 2585
(i) Any physiological disorder or condition, cosmetic 2586
disfigurement, or anatomical loss affecting one or more of the 2587
following body systems: neurological; musculoskeletal; special 2588
sense organs; respiratory, including speech organs; 2589
cardiovascular; reproductive; digestive; genito-urinary; hemic 2590
and lymphatic; skin; and endocrine; 2591
(ii) Any mental or psychological disorder, including, but 2592
not limited to, intellectual disability, organic brain syndrome, 2593
emotional or mental illness, and specific learning disabilities; 2594
(iii) Diseases and conditions, including, but not limited 2595
to, orthopedic, visual, speech, and hearing impairments, 2596
cerebral palsy, autism, epilepsy, muscular dystrophy, multiple 2597
sclerosis, cancer, heart disease, diabetes, human 2598
immunodeficiency virus infection, intellectual disability, 2599
emotional illness, drug addiction, and alcoholism. 2600

H. B. No. 128 As Introduced

(b) "Physical or mental impairment" does not include any 2601
of the following: 2602
(i) Homosexuality and bisexuality; 2603
(ii) Transvestism, transsexualism, pedophilia, 2604
exhibitionism, voyeurism, gender identity disorders not 2605
resulting from physical impairments, or other sexual behavior 2606
disorders; 2607
(iii) Compulsive gambling, kleptomania, or pyromania; 2608
(iv) Psychoactive substance use disorders resulting from 2609
the current illegal use of a controlled substance or the current 2610
use of alcoholic beverages. 2611
(17) "Dwelling unit" means a single unit of residence for 2612
a family of one or more persons. 2613
(18) "Common use areas" means rooms, spaces, or elements 2614
inside or outside a building that are made available for the use 2615
of residents of the building or their guests, and includes, but 2616
is not limited to, hallways, lounges, lobbies, laundry rooms, 2617
refuse rooms, mail rooms, recreational areas, and passageways 2618
among and between buildings. 2619
(19) "Public use areas" means interior or exterior rooms 2620
or spaces of a privately or publicly owned building that are 2621
made available to the general public. 2622
(20) "Controlled substance" has the same meaning as in 2623
section 3719.01 of the Revised Code. 2624
(21) "Disabled tenant" means a tenant or prospective 2625
tenant who is a person with a disability. 2626
(22) "Military status" means a person's status in "service 2627

H. B. No. 128 As Introduced

in the uniformed services" as defined in section 5923.05 of the 2628
Revised Code. 2629
(23) "Aggrieved person" includes both of the following: 2630
(a) Any person who claims to have been injured by any 2631
unlawful discriminatory practice described in division (H) of 2632
section 4112.02 of the Revised Code; 2633
(b) Any person who believes that the person will be 2634
injured by any unlawful discriminatory practice described in 2635
division (H) of section 4112.02 of the Revised Code that is 2636
about to occur. 2637
(24) "Unlawful discriminatory practice relating to 2638
employment" means both of the following: 2639
(a) An unlawful discriminatory practice that is prohibited 2640
by division (A), (B), (C), (D), (E), or (F) of section 4112.02 2641
of the Revised Code; 2642
(b) An unlawful discriminatory practice that is prohibited 2643
by division (I) or (J) of section 4112.02 of the Revised Code 2644
that is related to employment. 2645
(25) "Notice of right to sue" means a notice sent by the 2646
commission to a person who files a charge under section 4112.051 2647
of the Revised Code that states that the person who filed the 2648
charge may bring a civil action related to the charge pursuant 2649
to section 4112.052 or 4112.14 of the Revised Code, in 2650
accordance with section 4112.052 of the Revised Code. 2651
(B) For the purposes of divisions (A) to (F) of section 2652
4112.02 of the Revised Code, the terms "because of sex" and "on 2653
the basis of sex" include, but are not limited to, because of or 2654
on the basis of pregnancy, any illness arising out of and 2655

H. B. No. 128 As Introduced

occurring during the course of a pregnancy, childbirth, abortion, miscarriage, family planning, or related medical conditions. Women affected by pregnancy, childbirth, abortion, miscarriage, family planning, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in division (B) of section 4111.17 of the Revised Code shall be interpreted to permit otherwise. This division shall not be construed to require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion, provided that nothing in this division precludes an employer from providing abortion benefits or otherwise affects bargaining agreements in regard to abortion.

2656
2657
2658
2659
2660
2661
2662
2663
2664
2665
2666
2667
2668
2669
2670
2671
2672
2673
2674

Sec. 4112.02. It shall be an unlawful discriminatory practice:

(A) For any employer, because of the race, color, 2675
religion, sex, military status, national origin, disability, 2676
age, or ancestry of any person, to discharge without just cause, 2677
to refuse to hire, or otherwise to discriminate against that any 2678
person with respect to hire, tenure, terms, conditions, or 2679
privileges of employment, or any matter directly or indirectly 2680
related to employment because of any of the following: 2681
(1) The race, color, religion, sex, military status, 2682
national origin, disability, age, or ancestry of the person; 2683
(2) Any reproductive health decision made by the person, 2684
including a decision to use a particular drug, device, or 2685

H. B. No. 128 As Introduced

medical service, including abortion and services related to a 2686
miscarriage or family planning. 2687
(B) For an employment agency or personnel placement 2688
service, because of race, color, religion, sex, military status, 2689
national origin, disability, age, or ancestry, to do any of the 2690
following: 2691
(1) Refuse or fail to accept, register, classify properly, 2692
or refer for employment, or otherwise discriminate against any 2693
person; 2694
(2) Comply with a request from an employer for referral of 2695
applicants for employment if the request directly or indirectly 2696
indicates that the employer fails to comply with the provisions 2697
of sections 4112.01 to 4112.07 of the Revised Code. 2698
(C) For any labor organization to do any of the following: 2699
(1) Limit or classify its membership on the basis of race, 2700
color, religion, sex, military status, national origin, 2701
disability, age, or ancestry; 2702
(2) Discriminate against, limit the employment 2703
opportunities of, or otherwise adversely affect the employment 2704
status, wages, hours, or employment conditions of any person as 2705
an employee because of race, color, religion, sex, military 2706
status, national origin, disability, age, or ancestry. 2707
(D) For any employer, labor organization, or joint labor- 2708
management committee controlling apprentice training programs to 2709
discriminate against any person because of race, color, 2710
religion, sex, military status, national origin, disability, or 2711
ancestry in admission to, or employment in, any program 2712
established to provide apprentice training. 2713

H. B. No. 128 As Introduced

(E) Except where based on a bona fide occupational 2714
qualification certified in advance by the commission, for any 2715
employer, employment agency, personnel placement service, or 2716
labor organization, prior to employment or admission to 2717
membership, to do any of the following: 2718
(1) Elicit or attempt to elicit any information concerning 2719
the race, color, religion, sex, military status, national 2720
origin, disability, age, or ancestry of an applicant for 2721
employment or membership; 2722
(2) Make or keep a record of the race, color, religion, 2723
sex, military status, national origin, disability, age, or 2724
ancestry of any applicant for employment or membership; 2725
(3) Use any form of application for employment, or 2726
personnel or membership blank, seeking to elicit information 2727
regarding race, color, religion, sex, military status, national 2728
origin, disability, age, or ancestry; but an employer holding a 2729
contract containing a nondiscrimination clause with the 2730
government of the United States, or any department or agency of 2731
that government, may require an employee or applicant for 2732
employment to furnish documentary proof of United States 2733
citizenship and may retain that proof in the employer's 2734
personnel records and may use photographic or fingerprint 2735
identification for security purposes; 2736
(4) Print or publish or cause to be printed or published 2737
any notice or advertisement relating to employment or membership 2738
indicating any preference, limitation, specification, or 2739
discrimination, based upon race, color, religion, sex, military 2740
status, national origin, disability, age, or ancestry; 2741

(5) Announce or follow a policy of denying or limiting,

H. B. No. 128 As Introduced

through a quota system or otherwise, employment or membership	2743
opportunities of any group because of the race, color， religion,	2744
sex, military status, national origin, disability, age, or	2745
ancestry of that group;	2746
(6） Utilize in the recruitment or hiring of persons any	2747
employment agency, personnel placement service, training school	2748
or center, labor organization, or any other employee-referring	2749
source known to discriminate against persons because of their	2750
race, color, religion, sex, military status, national origin,	2751
disability, age, or ancestry.	2752
(F) For any person seeking employment to publish or cause	2753
to be published any advertisement that specifies or in any	2754
manner indicates that person's race, color, religion, sex,	2755
military status, national origin, disability, age, or ancestry,	2756
or expresses a limitation or preference as to the race, color,	2757
religion, sex, military status, national origin, disability,	2758
age, or ancestry of any prospective employer.	2759
(G） For any proprietor or any employee, keeper, or manager	2760
of a place of public accommodation to deny to any person, except	2761
for reasons applicable alike to all persons regardless of race,	2762
color, religion, sex, military status, national origin,	2763
disability, age, or ancestry, the full enjoyment of the	2764
accommodations, advantages, facilities, or privileges of the	2765
place of public accommodation.	2766
(H） Subject to section 4l12.024 of the Revised Code， for	2767
any person to do any of the following:	2768
(l） Refuse to sell, transfer, assign, rent, lease,	2769
sublease, or finance housing accommodations, refuse to negotiate	2770
for the sale or rental of housing accommodations, or otherwise	2771

H. B. No. 128 As Introduced

deny or make unavailable housing accommodations because of race, 2772
color, religion, sex, military status, familial status, 2773
ancestry, disability, or national origin; 2774

(2) Represent to any person that housing accommodations are not available for inspection, sale, or rental, when in fact they are available, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin;

(3) Discriminate against any person in the making or purchasing of loans or the provision of other financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, or any person in the making or purchasing of loans or the provision of other financial assistance that is secured by residential real estate, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located, provided that the person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects or incident to the person's principal business and not only as a part of the purchase price of an owner-occupied residence the person is selling nor merely casually or occasionally to a relative or friend;

(4) Discriminate against any person in the terms or 2795
conditions of selling, transferring, assigning, renting, 2796
leasing, or subleasing any housing accommodations or in 2797
furnishing facilities, services, or privileges in connection 2798
with the ownership, occupancy, or use of any housing 2799
accommodations, including the sale of fire, extended coverage, 2800
or homeowners insurance, because of race, color, religion, sex, 2801

H. B. No. 128 As Introduced

	military status, familial status, ancestry, disability, or	2802
	national origin or because of the racial composition of the	2803
		2804
	(5） Discriminate against any person in the terms or	2805
	conditions of any loan of money, whether or not secured by	2806
	mortgage or otherwise, for the acquisition, construction,	2807
	rehabilitation, repair, or maintenance of housing accommodations	2808
	because of race, color, religion, sex, military status, familial	2809
	status, ancestry, disability， or national origin or because of	2810
	the racial composition of the neighborhood in which the housing	2811
accommodations are located;		2812
	(6） Refuse to consider without prejudice the combined	2813
		2814
married couple;		2815 2816
	(7） Print, publish, or circulate any statement or	2817
		2818
	advertisement, relating to the sale, transfer, assignment,	2819
	rental, lease, sublease, or acquisition of any housing	2820
	accommodations, or relating to the loan of money, whether or not	2821
	secured by mortgage or otherwise, for the acquisition,	2822
	construction, rehabilitation, repair, or maintenance of housing	2823
	accommodations, that indicates any preference, limitation,	2824
	specification, or discrimination based upon race, color,	2825
	religion, sex, military status, familial status, ancestry,	2826
	disability, or national origin, or an intention to make any such	2827
	preference, limitation, specification, or discrimination;	2828
	(8） Except as otherwise provided in division (H)(8） or	2829
	' ()	2830
	make or keep any record, or use any form of application	2831

H. B. No. 128 As Introduced

containing questions or entries concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations. Any person may make inquiries, and make and keep records, concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin for the purpose of monitoring compliance with this chapter.

(9) Include in any transfer, rental, or lease of housing accommodations any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant;

2832
2833
2834
2835
2836
2837
2838
2839
2840
2841
2842
2843
2844
2845
2846
2847
2848
2849
2850
2851
2852
2853
2854
2855
2856
2857
2858
2859
2860
2861

(10) Induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual, military status, familial status, or ethnic composition of the block, neighborhood, or other area in which the housing accommodations are located, or induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that the presence or anticipated presence of persons of any race, color, religion, sex, military status, familial status, ancestry, disability, or national origin, in the block, neighborhood, or other area will or may have results including, but not limited to, the following:

(a) The lowering of property values; (b) A change in the racial, religious, sexual, military status, familial status, or ethnic composition of the block,

H. B. No. 128 As Introduced

neighborhood, or other area; 2862
(c) An increase in criminal or antisocial behavior in the 2863
block, neighborhood, or other area; 2864
(d) A decline in the quality of the schools serving the 2865
block, neighborhood, or other area. 2866
(11) Deny any person access to or membership or 2867
participation in any multiple-listing service, real estate 2868
brokers' organization, or other service, organization, or 2869
facility relating to the business of selling or renting housing 2870
accommodations, or discriminate against any person in the terms 2871
or conditions of that access, membership, or participation, on 2872
account of race, color, religion, sex, military status, familial 2873
status, national origin, disability, or ancestry; 2874
(12) Coerce, intimidate, threaten, or interfere with any 2875
person in the exercise or enjoyment of, or on account of that 2876
person's having exercised or enjoyed or having aided or 2877
encouraged any other person in the exercise or enjoyment of, any 2878
right granted or protected by division (H) of this section; 2879
(13) Discourage or attempt to discourage the purchase by a 2880
prospective purchaser of housing accommodations, by representing 2881
that any block, neighborhood, or other area has undergone or 2882
might undergo a change with respect to its religious, racial, 2883
sexual, military status, familial status, or ethnic composition; 2884
(14) Refuse to sell, transfer, assign, rent, lease, 2885
sublease, or finance, or otherwise deny or withhold, a burial 2886
lot from any person because of the race, color, sex, military 2887
status, familial status, age, ancestry, disability, or national 2888
origin of any prospective owner or user of the lot; 2889
(15) Discriminate in the sale or rental of, or otherwise 2890

H. B. No. 128 As Introduced

make unavailable or deny, housing accommodations to any buyer or 2891
renter because of a disability of any of the following: 2892
(a) The buyer or renter; 2893
(b) A person residing in or intending to reside in the 2894
housing accommodations after they are sold, rented, or made 2895
available; 2896
(c) Any individual associated with the person described in 2897
division (H)(15)(b) of this section. 2898
(16) Discriminate in the terms, conditions, or privileges 2899
of the sale or rental of housing accommodations to any person or 2900
in the provision of services or facilities to any person in 2901
connection with the housing accommodations because of a 2902
disability of any of the following: 2903
(a) That person; 2904
(b) A person residing in or intending to reside in the 2905
housing accommodations after they are sold, rented, or made 2906
available; 2907
(c) Any individual associated with the person described in 2908
division (H)(16)(b) of this section. 2909
(17) Except as otherwise provided in division (H)(17) of 2910
this section, make an inquiry to determine whether an applicant 2911
for the sale or rental of housing accommodations, a person 2912
residing in or intending to reside in the housing accommodations 2913
after they are sold, rented, or made available, or any 2914
individual associated with that person has a disability, or make 2915
an inquiry to determine the nature or severity of a disability 2916
of the applicant or such a person or individual. The following 2917
inquiries may be made of all applicants for the sale or rental 2918

H. B. No. 128 As Introduced

of housing accommodations, regardless of whether they have 2919
disabilities: 2920
(a) An inquiry into an applicant's ability to meet the 2921
requirements of ownership or tenancy; 2922
(b) An inquiry to determine whether an applicant is 2923
qualified for housing accommodations available only to persons 2924
with disabilities or persons with a particular type of 2925
disability; 2926
(c) An inquiry to determine whether an applicant is 2927
qualified for a priority available to persons with disabilities 2928
or persons with a particular type of disability; 2929
(d) An inquiry to determine whether an applicant currently 2930
uses a controlled substance in violation of section 2925.11 of 2931
the Revised Code or a substantively comparable municipal 2932
ordinance; 2933
(e) An inquiry to determine whether an applicant at any 2934
time has been convicted of or pleaded guilty to any offense, an 2935
element of which is the illegal sale, offer to sell, 2936
cultivation, manufacture, other production, shipment, 2937
transportation, delivery, or other distribution of a controlled 2938
substance. 2939
(18)(a) Refuse to permit, at the expense of a person with 2940
a disability, reasonable modifications of existing housing 2941
accommodations that are occupied or to be occupied by the person 2942
with a disability, if the modifications may be necessary to 2943
afford the person with a disability full enjoyment of the 2944
housing accommodations. This division does not preclude a 2945
landlord of housing accommodations that are rented or to be 2946
rented to a tenant with a disability from conditioning 2947

H. B. No. 128 As Introduced

permission for a proposed modification upon the tenant with a 2948
disability doing one or more of the following: 2949

(i) Providing a reasonable description of the proposed modification and reasonable assurances that the proposed modification will be made in a workerlike manner and that any required building permits will be obtained prior to the commencement of the proposed modification;

(ii) Agreeing to restore at the end of the tenancy the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if it is reasonable for the landlord to condition permission for the proposed modification upon the agreement;

2950
2951
2952
2953
2954
2955
2956
2957
2958
2959
2960
2961
2962
2963
2964
2965
2966
2967
2968
2969
2970
2971
2972
2973
2974
2975
2976
2977

(iii) Paying into an interest-bearing escrow account that is in the landlord's name, over a reasonable period of time, a reasonable amount of money not to exceed the projected costs at the end of the tenancy of the restoration of the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if the landlord finds the account reasonably necessary to ensure the availability of funds for the restoration work. The interest earned in connection with an escrow account described in this division shall accrue to the benefit of the tenant with a disability who makes payments into the account.

(b) A landlord shall not condition permission for a proposed modification upon a tenant with a disability's payment of a security deposit that exceeds the customarily required security deposit of all tenants of the particular housing accommodations.

H. B. No. 128 As Introduced

(19) Refuse to make reasonable accommodations in rules, 2978
policies, practices, or services when necessary to afford a 2979
person with a disability equal opportunity to use and enjoy a 2980
dwelling unit, including associated public and common use areas; 2981
(20) Fail to comply with the standards and rules adopted 2982
under division (A) of section 3781.111 of the Revised Code; 2983
(21) Discriminate against any person in the selling, 2984
brokering, or appraising of real property because of race, 2985
color, religion, sex, military status, familial status, 2986
ancestry, disability, or national origin; 2987
(22) Fail to design and construct covered multifamily 2988
dwellings for first occupancy on or after June 30, 1992, in 2989
accordance with the following conditions: 2990
(a) The dwellings shall have at least one building 2991
entrance on an accessible route, unless it is impractical to do 2992
so because of the terrain or unusual characteristics of the 2993
site. 2994
(b) With respect to dwellings that have a building 2995
entrance on an accessible route, all of the following apply: 2996
(i) The public use areas and common use areas of the 2997
dwellings shall be readily accessible to and usable by persons 2998
with a disability. 2999
(ii) All the doors designed to allow passage into and 3000
within all premises shall be sufficiently wide to allow passage 3001
by persons with a disability who are in wheelchairs. 3002
(iii) All premises within covered multifamily dwelling 3003
units shall contain an accessible route into and through the 3004
dwelling; all light switches, electrical outlets, thermostats, 3005

H. B. No. 128 As Introduced

	nd other environmental controls within such units shall be in
ccessible locations; the bathroom walls within such units shall			3006 3007
		ontain reinforcements to allow later installation of grab bars;	3008
	nd the kitchens and bathrooms within such units shall be		3009
	esigned and constructed in a manner that enables an individual		3010
	n a wheelchair to maneuver about such rooms.		3011
	For purposes of division (H)(22） of this section, "covered		3012
			3013
	ore units if such buildings have one or more elevators and		3014
			3015
nits.			3016
	(I） For any person to discriminate in any manner against		3017
ngmetun Kue pasoddo seu uosrad aeue asneoaa uosrad rauao Ku			3018
	iscriminatory practice defined in this section or because that		3019
	erson has made a charge, testified, assisted, or participated		3020
	o uo u		3021
	ections 4112.01 to 4112.07 of the Revised Code.		3022
	(J） For any person to aid， abet, incite, compel， or coerce		3023
	he doing of any act declared by this section to be an unlawful		3024
			3025
			3026
	ttempt directly or indirectly to commit any act declared by		3027
	his section to be an unlawful discriminatory practice.		3028
	(K） Nothing in divisions (A) to (E） of this section shall		3029
			3030
	mployed or trained under circumstances that would significantly		3031
	ncrease the occupational hazards affecting either the person		3032
	ith a disability, other employees, the general public, or the		3033
	acilities in which the work is to be performed, or to require		3034
	he employment or training of a person with a disability in a		3035

H. B. No. 128 As Introduced

job that requires the person with a disability routinely to 3036
undertake any task, the performance of which is substantially 3037
and inherently impaired by the person's disability. 3038
(L) With regard to age, it shall not be an unlawful 3039
discriminatory practice and it shall not constitute a violation 3040
of division (A) of section 4112.14 of the Revised Code for any 3041
employer, employment agency, joint labor-management committee 3042
controlling apprenticeship training programs, or labor 3043
organization to do any of the following: 3044

(1) Establish bona fide employment qualifications reasonably related to the particular business or occupation that may include standards for skill, aptitude, physical capability, intelligence, education, maturation, and experience;

(2) Observe the terms of a bona fide seniority system or any bona fide employee benefit plan, including, but not limited to, a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this section. However, no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual, because of the individual's age except as provided for in the "Age Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 623, as amended.

(3) Retire an employee who has attained sixty-five years 3061
of age who, for the two-year period immediately before 3062
retirement, is employed in a bona fide executive or a high 3063
policymaking position, if the employee is entitled to an 3064
immediate nonforfeitable annual retirement benefit from a 3065

H. B. No. 128 As Introduced

pension, profit-sharing, savings, or deferred compensation plan, 3066
or any combination of those plans, of the employer of the 3067
employee, which equals, in the aggregate, at least forty-four 3068
thousand dollars, in accordance with the conditions of the "Age 3069
Discrimination in Employment Act Amendment of 1978," 92 Stat. 3070
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 3071
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 3072
631, as amended; 3073
(4) Observe the terms of any bona fide apprenticeship 3074
program if the program is registered with the Ohio 3075
apprenticeship council pursuant to sections 4139.01 to 4139.06 3076
of the Revised Code and is approved by the federal committee on 3077
apprenticeship of the United States department of labor. 3078
(M) Nothing in this chapter prohibiting age discrimination 3079
and nothing in division (A) of section 4112.14 of the Revised 3080
Code shall be construed to prohibit the following: 3081
(1) The designation of uniform age the attainment of which 3082
is necessary for public employees to receive pension or other 3083
retirement benefits pursuant to Chapter 145., 742., 3307., 3084
3309., or 5505. of the Revised Code; 3085
(2) The mandatory retirement of uniformed patrol officers 3086
of the state highway patrol as provided in section 5505.16 of 3087
the Revised Code; 3088
(3) The maximum age requirements for appointment as a 3089
patrol officer in the state highway patrol established by 3090
section 5503.01 of the Revised Code; 3091
(4) The maximum age requirements established for original 3092
appointment to a police department or fire department in 3093
sections 124.41 and 124.42 of the Revised Code; 3094

H. B. No. 128 As Introduced

(5) Any maximum age not in conflict with federal law that 3095
may be established by a municipal charter, municipal ordinance, 3096
or resolution of a board of township trustees for original 3097
appointment as a police officer or firefighter; 3098

(6) Any mandatory retirement provision not in conflict with federal law of a municipal charter, municipal ordinance, or resolution of a board of township trustees pertaining to police officers and firefighters;

(7) Until January 1, 1994, the mandatory retirement of any employee who has attained seventy years of age and who is serving under a contract of unlimited tenure, or similar arrangement providing for unlimited tenure, at an institution of higher education as defined in the "Education Amendments of 1980," 94 Stat. 1503, 20 U.S.C.A. 1141(a).

3099
3100
3101
3102
3103
3104
3105
3106
3107
3108
3109
3110
3111
3112
3113
3114
3115
3116
3117
3118
3119
3120
3121
3122
3123

(N)(1)(a) Except as provided in division (N)(1)(b) of this section, for purposes of divisions (A) to (E) of this section, a disability does not include any physiological disorder or condition, mental or psychological disorder, or disease or condition caused by an illegal use of any controlled substance by an employee, applicant, or other person, if an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee acts on the basis of that illegal use.

(b) Division (N)(1)(a) of this section does not apply to an employee, applicant, or other person who satisfies any of the following:

(i) The employee, applicant, or other person has successfully completed a supervised drug rehabilitation program and no longer is engaging in the illegal use of any controlled

H. B. No. 128 As Introduced

substance, or the employee, applicant, or other person otherwise 3124
successfully has been rehabilitated and no longer is engaging in 3125
that illegal use. 3126
(ii) The employee, applicant, or other person is 3127
participating in a supervised drug rehabilitation program and no 3128
longer is engaging in the illegal use of any controlled 3129
substance. 3130
(iii) The employee, applicant, or other person is 3131
erroneously regarded as engaging in the illegal use of any 3132
controlled substance, but the employee, applicant, or other 3133
person is not engaging in that illegal use. 3134
(2) Divisions (A) to (E) of this section do not prohibit 3135
an employer, employment agency, personnel placement service, 3136
labor organization, or joint labor-management committee from 3137
doing any of the following: 3138
(a) Adopting or administering reasonable policies or 3139
procedures, including, but not limited to, testing for the 3140
illegal use of any controlled substance, that are designed to 3141
ensure that an individual described in division (N)(1)(b)(i) or 3142
(ii) of this section no longer is engaging in the illegal use of 3143
any controlled substance; 3144
(b) Prohibiting the illegal use of controlled substances 3145
and the use of alcohol at the workplace by all employees; 3146
(c) Requiring that employees not be under the influence o 3147
alcohol or not be engaged in the illegal use of any controlled 3148
substance at the workplace; 3149
(d) Requiring that employees behave in conformance with 3150
the requirements established under "The Drug-Free Workplace Act 3151
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 3152

H. B. No. 128 As Introduced

(e) Holding an employee who engages in the illegal use of 3153
any controlled substance or who has alcoholism to the same 3154
qualification standards for employment or job performance, and 3155
the same behavior, to which the employer, employment agency, 3156
personnel placement service, labor organization, or joint labor- 3157
management committee holds other employees, even if any 3158
unsatisfactory performance or behavior is related to an 3159
employee's illegal use of a controlled substance or alcoholism; 3160
(f) Exercising other authority recognized in the 3161
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 3162
U.S.C.A. 12101, as amended, including, but not limited to, 3163
requiring employees to comply with any applicable federal 3164
standards. 3165
(3) For purposes of this chapter, a test to determine the 3166
illegal use of any controlled substance does not include a 3167
medical examination. 3168
(4) Division (N) of this section does not encourage, 3169
prohibit, or authorize, and shall not be construed as 3170
encouraging, prohibiting, or authorizing, the conduct of testing 3171
for the illegal use of any controlled substance by employees, 3172
applicants, or other persons, or the making of employment 3173
decisions based on the results of that type of testing. 3174
(O) This section does not apply to a religious 3175
corporation, association, educational institution, or society 3176
with respect to the employment of an individual of a particular 3177
religion to perform work connected with the carrying on by that 3178
religious corporation, association, educational institution, or 3179
society of its activities. 3180
The unlawful discriminatory practices defined in this 3181

H. B. No. 128 As Introduced

section do not make it unlawful for a person or an appointing 3182
authority administering an examination under section 124.23 of 3183
the Revised Code to obtain information about an applicant's 3184
military status for the purpose of determining if the applicant 3185
is eligible for the additional credit that is available under 3186
that section. 3187
Sec. 4729.291. (A) Except when provided under section 3188
4731.97 of the Revised Code, when a licensed health professional 3189
authorized to prescribe drugs personally furnishes drugs to a 3190
patient pursuant to division (B) of section 4729.29 of the 3191
Revised Code, the prescriber shall ensure that the drugs are 3192
labeled and packaged in accordance with state and federal drug 3193
laws and any rules and regulations adopted pursuant to those 3194
laws. Records of purchase and disposition of all drugs 3195
personally furnished to patients shall be maintained by the 3196
prescriber in accordance with state and federal drug statutes 3197
and any rules adopted pursuant to those statutes. 3198
(B) When personally furnishing to a patient RU-486 3199
(mifepristone), a prescriber is subject to sections section 3200
2919.123 and 2919.124 of the Revised Code. 3201
(C)(1) Except as provided in divisions (D) and (E) of this 3202
section, no prescriber shall do either of the following: 3203
(a) In any thirty-day period, personally furnish to or for 3204
patients, taken as a whole, controlled substances in an amount 3205
that exceeds a total of two thousand five hundred dosage units; 3206
(b) In any seventy-two-hour period, personally furnish to 3207
or for a patient an amount of a controlled substance that 3208
exceeds the amount necessary for the patient's use in a seventy- 3209
two-hour period. 3210

H. B. No. 128 As Introduced

more than five thousand dollars on a prescriber who fails to

comply with the limits established under division (C)(l） of this

3214

failing to comply with the limits. In imposing the fine, the 3215

board's actions shall be taken in accordance with Chapter 1l9. 3216 of the Revised Code. 3217

oo a g o (a) 3218 whether the amounts specified in division (C)(l） of this section 3219

have been exceeded: 3220

(l） Methadone personally furnished to patients for the 3221

purpose of treating drug dependence or addiction， if the 3222

prescriber meets the conditions specified in 21 C.F.R. 1306.07; 3223

3224

purpose of treating drug dependence or addiction as part of an 3225

3226

Revised Code. 3227

(3) Controlled substances personally furnished to research 3228

subjects by a facility conducting clinical research in studies 3229

3230

3231

accreditation of human research protection programs. 3232

(E） Division (C)(l） of this section does not apply to a 3233

prescriber who is a veterinarian. 3234

Sec. 4731.22. (A) The state medical board, by an 3235

affirmative vote of not fewer than six of its members, may 3236

limit， revoke, or suspend a license or certificate to practice 3237

or certificate to recommend， refuse to grant a license or 3238 certificate, refuse to renew a license or certificate, refuse to 3239

H. B. No. 128 As Introduced

	individual applying for or holding the license or certificate is a bunp pnag pauoo au o poa u a puog	3242
		3243
	administration of the examination for a license or certificate	3244
		3245
	deception in applying for, renewing, or securing any license or	3246
		3247
the board.		3248
	(B） Except as provided in division (P) of this section,	3249
	the board, by an affirmative vote of not fewer than six members,	3250
	shall, to the extent permitted by law, limit, revoke, or suspend	3251
		3252
	recommend, refuse to issue a license or certificate, refuse to	3253
	renew a license or certificate, refuse to reinstate a license or	3254
	'	3255
		3256
	(l） Permitting one's name or one's license or certificate	3257
	um uotaerodoo ao 'dnoa 'uosad e a pasn aa o aotoerd o	3258
	the individual concerned is not actually directing the treatment	3259
given;		3260
	(2） Failure to maintain minimal standards applicable to	3261
	the selection or administration of drugs, or failure to employ	3262
	acceptable scientific methods in the selection of drugs or other	3263
modalities for treatment of disease;		3264
	(3） Except as provided in section 4731.97 of the Revised	3265
	Code, selling, giving away, personally furnishing, prescribing,	3266
	or administering drugs for other than legal and legitimate	3267
	therapeutic purposes or a plea of guilty to, a judicial finding	3268
	of guilt of， or a judicial finding of eligibility for	3269

H. B. No. 128 As Introduced

intervention in lieu of conviction of, a violation of any 3270
federal or state law regulating the possession, distribution, or 3271
use of any drug; 3272

(4) Willfully betraying a professional confidence.

For purposes of this division, "willfully betraying a 3274
professional confidence" does not include providing any 3275
information, documents, or reports under sections 307.621 to 3276
307.629 of the Revised Code to a child fatality review board; 3277
does not include providing any information, documents, or 3278
reports under sections 307.631 to 307.6410 of the Revised Code 3279
to a drug overdose fatality review committee, a suicide fatality 3280
review committee, or hybrid drug overdose fatality and suicide 3281
fatality review committee; does not include providing any 3282
information, documents, or reports under sections 307.651 to 3283
307.659 of the Revised Code to a domestic violence fatality 3284
review board; does not include providing any information, 3285
documents, or reports to the director of health pursuant to 3286
guidelines established under section 3701.70 of the Revised 3287
Code; does not include written notice to a mental health 3288
professional under section 4731.62 of the Revised Code; and does 3289
not include the making of a report of an employee's use of a 3290
drug of abuse, or a report of a condition of an employee other 3291
than one involving the use of a drug of abuse, to the employer 3292
of the employee as described in division (B) of section 2305.33 3293
of the Revised Code. Nothing in this division affects the 3294
immunity from civil liability conferred by section 2305.33 or 3295
4731.62 of the Revised Code upon a physician who makes a report 3296
in accordance with section 2305.33 or notifies a mental health 3297
professional in accordance with section 4731.62 of the Revised 3298
Code. As used in this division, "employee," "employer," and 3299
"physician" have the same meanings as in section 2305.33 of the 3300

H. B. No. 128 As Introduced

Revised Code.	3301
(5） Making a false, fraudulent, deceptive, or misleading	3302
statement in the solicitation of or advertising for patients; in	3303
relation to the practice of medicine and surgery, osteopathic	3304
medicine and surgery, podiatric medicine and surgery, or a	3305
limited branch of medicine; or in securing or attempting to	3306
secure any license or certificate to practice issued by the	3307
board.	3308
As used in this division, "false, fraudulent, deceptive,	3309
or misleading statement" means a statement that includes a	3310
misrepresentation of fact, is likely to mislead or deceive	3311
because of a failure to disclose material facts, is intended or	3312
is likely to create false or unjustified expectations of	3313
favorable results, or includes representations or implications	3314
that in reasonable probability will cause an ordinarily prudent	3315
person to misunderstand or be deceived.	3316
(6） A departure from， or the failure to conform to,	3317
minimal standards of care of similar practitioners under the	3318
same or similar circumstances, whether or not actual injury to a	3319
patient is established;	3320
(7） Representing, with the purpose of obtaining	3321
compensation or other advantage as personal gain or for any	3322
other person, that an incurable disease or injury， or other	3323
incurable condition, can be permanently cured;	3324
(8） The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course	3325 3326
of practice;	3327
(9） A plea of guilty to， a judicial finding of guilt of,
or a judicial finding of eligibility for intervention in lieu of	3328 3329

H. B. No. 128 As Introduced

conviction for, a felony; 3330
(10) Commission of an act that constitutes a felony in 3331
this state, regardless of the jurisdiction in which the act was 3332
committed; 3333
(11) A plea of guilty to, a judicial finding of guilt of, 3334
or a judicial finding of eligibility for intervention in lieu o 3335
conviction for, a misdemeanor committed in the course of 3336
practice; 3337
(12) Commission of an act in the course of practice that 3338
constitutes a misdemeanor in this state, regardless of the 3339
jurisdiction in which the act was committed; 3340
(13) A plea of guilty to, a judicial finding of guilt of, 3341
or a judicial finding of eligibility for intervention in lieu of 3342
conviction for, a misdemeanor involving moral turpitude; 3343
(14) Commission of an act involving moral turpitude that 3344
constitutes a misdemeanor in this state, regardless of the 3345
jurisdiction in which the act was committed; 3346
(15) Violation of the conditions of limitation placed by 3347
the board upon a license or certificate to practice; 3348
(16) Failure to pay license renewal fees specified in this 3349
chapter; 3350
(17) Except as authorized in section 4731.31 of the 3351
Revised Code, engaging in the division of fees for referral of 3352
patients, or the receiving of a thing of value in return for a 3353
specific referral of a patient to utilize a particular service 3354
or business; 3355
(18) Subject to section 4731.226 of the Revised Code, 3356
violation of any provision of a code of ethics of the American 3357

H. B. No. 128 As Introduced

medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. The individual whose license or certificate is being suspended or revoked shall not be found to have violated any provision of a code of ethics of an organization not appropriate to the individual's profession.

For purposes of this division, a "provision of a code of ethics of a national professional organization" does not include any provision that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(19) Inability to practice according to acceptable and 3380
prevailing standards of care by reason of mental illness or 3381
physical illness, including, but not limited to, physical 3382
deterioration that adversely affects cognitive, motor, or 3383
perceptive skills. 3384
In enforcing this division, the board, upon a showing of a 3
possible violation, shall refer any individual who is authorized 3
to practice by this chapter or who has submitted an application 3

H. B. No. 128 As Introduced

pursuant to this chapter to the monitoring organization that conducts the confidential monitoring program established under section 4731.25 of the Revised Code. The board also may compel the individual to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an individual unable to practice because of the reasons set forth in this division, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license or certificate. For the purpose of this division, any individual who applies for or receives a license or certificate to practice under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.

(20) Except as provided in division (F)(1)(b) of section

H. B. No. 128 As Introduced

4731.282 of the Revised Code or when civil penalties are imposed 3419
under section 4731.225 of the Revised Code, and subject to 3420
section 4731.226 of the Revised Code, violating or attempting to 3421
violate, directly or indirectly, or assisting in or abetting the 3422
violation of, or conspiring to violate, any provisions of this 3423
chapter or any rule promulgated by the board. 3424

This division does not apply to a violation or attempted violation of, assisting in or abetting the violation of, or a conspiracy to violate, any provision of this chapter or any rule adopted by the board that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(21) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the director of health pursuant to section 3701.341 of the Revised Code;

(22) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender;

H. B. No. 128 As Introduced

denial of a license; refusal to renew or reinstate a license;	3449
imposition of probation; or issuance of an order of censure or	3450
other reprimand;	3451
(23) The violation of section 2919.12 of the Revised Code-	3452
orthe performance or inducement of—an abortion upon a pregnant	3453
woman with actual knowledge that the conditions specified in	3454
division (B) of section 2317.56 of the Revised Code have not	3455
been satisfied or with a heedless indifference as to whether	3456
those conditions havebeensatisfied,unless anaffirmative	3457
defense as specified in division (H)(2)of that section would	3458
apply in a civil aetion authorized by division (H) (l) of that	3459
seetion;	3460
(24) The revocation, suspension, restriction, reduction,	3461
or termination of clinical privileges by the United States	3462
department of defense or department of veterans affairs or the	3463
termination or suspension of a certificate of registration to	3464
	3465
United States department of justice;	3466
(25） Termination or suspension from participation in the	3467
	3468
human services or other responsible agency;	3469
()	3470
acceptable and prevailing standards of care because of substance	3471
use disorder or excessive use or abuse of drugs, alcohol, or	3472
	3473
For the purposes of this division, any individual	3474
authorized to practice by this chapter accepts the privilege of	3475
practicing in this state subject to supervision by the board. By	3476
filing an application for or holding a license or certificate to
	3477

H. B. No. 128 As Introduced

practice under this chapter, an individual shall be deemed to 3478
have given consent to submit to a mental or physical examination 3479
when ordered to do so by the board in writing, and to have 3480
waived all objections to the admissibility of testimony or 3481
examination reports that constitute privileged communications. 3482

If it has reason to believe that any individual authorized to practice by this chapter or any applicant for licensure or certification to practice suffers such impairment, the board shall refer the individual to the monitoring organization that conducts the confidential monitoring program established under section 4731.25 of the Revised Code. The board also may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is approved under section 4731.251 of the Revised Code.

Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or certificate or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed licensure or certification to practice, to submit to treatment.

Before being eligible to apply for reinstatement of a

H. B. No. 128

As Introduced
license or certificate suspended under this division, the	3508
	3509
to resume practice in compliance with acceptable and prevailing	3510
standards of care under the provisions of the practitioner's	3511
license or certificate. The demonstration shall include, but	3512
shall not be limited to, the following:	3513
(a） Certification from a treatment provider approved under	3514
section 4731.251 of the Revised Code that the individual has	3515
	3516
(b） Evidence of continuing full compliance with an	3517
aftercare contract or consent agreement;	3518
(c） Two written reports indicating that the individual's	3519
ability to practice has been assessed and that the individual	3520
	3521
prevailing standards of care. The reports shall be made by	3522
individuals or providers approved by the board for making the	3523
assessments and shall describe the basis for their	3524
determination.	3525
The board may reinstate a license or certificate suspended	3526
under this division after that demonstration and after the	3527
individual has entered into a written consent agreement.	3528
shall require continued monitoring of the individual. The	3529 3530
monitoring shall include, but not be limited to, compliance with	3531
the written consent agreement entered into before reinstatement	3532
or with conditions imposed by board order after a hearing， and,
	3533
upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports	3534
	3535
	3536

H. B. No. 128 As Introduced