As Introduced

136th General Assembly

Regular Session H. B. No. 718

2025-2026

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

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

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

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

(1) The accountancy board;

(2) The architects board;

(3) The state cosmetology and barber board;

(4) The board of embalmers and funeral directors;

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

(6) The crematory review board;

(7) The motor vehicle dealers board;

(8) The motor vehicle repair board;

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

(10) The Ohio athletic commission;

(11) The Ohio construction industry licensing board;

(12) The Ohio landscape architects board;

(13) The Ohio real estate commission;

(14) The real estate appraiser board;

(15) The state auctioneers commission;

(16) The state speech and hearing professionals board;

(17) The state board of education;

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

(19) The board of nursing;

(20) The state board of pharmacy;

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

(22) The state board of psychology;

(23) The state chiropractic board;

(24) The state dental board;

(25) The state medical board;

(26) The state veterinary medical licensing board;

(27) The state vision professionals board;

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

(29) The ~~chemical dependency~~ behavioral health professionals board;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Architects board;

(2) State chiropractic board;

(3) State cosmetology and barber board;

(4) Accountancy board;

(5) State dental board;

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

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

(8) Board of embalmers and funeral directors;

(9) State board of psychology;

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

(11) State veterinary medical licensing board;

(12) Commission on Hispanic-Latino affairs;

(13) Commission on African-Americans;

(14) ~~Chemical dependency~~ Behavioral health professionals board;

(15) State vision professionals board;

(16) State speech and hearing professionals board;

(17) New African immigrants commission.

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

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

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

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

(e) Routine human resources and personnel services;

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

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

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

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

Sec. 340.04. Each board of alcohol, drug addiction, and mental health services shall employ a ~~qualified~~ mental health professional or addiction services professional with experience in administration or a professional administrator with experience in mental health services or addiction services to serve as executive director of the board and shall prescribe the director's duties.

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

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

As used in this section, "mental health professional" and "addiction services professional" mean an individual who is qualified to work with persons with mental illnesses or persons receiving addiction services, respectively, pursuant to standards established by the director of behavioral health under Chapter 5119. of the Revised Code.

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

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

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

(3) "Health care professional" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) A certified mental health assistant licensed under Chapter 4772. of the Revised Code.

(4) "Health care professional licensing board" means any of the following:

(a) The board of nursing;

(b) The state vision professionals board;

(d) The state medical board;

(e) The state board of psychology;

(f) The state chiropractic board;

(g) The state speech and hearing professionals board;

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

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

(j) The ~~chemical dependency~~ behavioral health professionals board.

(5) "Health plan issuer" has the same meaning as in section 3922.01 of the Revised Code.

(6) "Telehealth services" means health care services provided through the use of information and communication technology by a health care professional, within the professional's scope of practice, who is located at a site other than the site where either of the following is located:

(a) The patient receiving the services;

(b) Another health care professional with whom the provider of the services is consulting regarding the patient.

(B)(1) Each health care professional licensing board shall permit a health care professional under its jurisdiction to provide the professional's services as telehealth services in accordance with this section. Subject to division (B)(2) of this section, a board may adopt any rules it considers necessary to implement this section. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code. Any such rules adopted by a board are not subject to the requirements of division (F) of section 121.95 of the Revised Code.

(2)(a) Except as provided in division (B)(2)(b) of this section, the rules adopted by a health care professional licensing board under this section shall establish a standard of care for telehealth services that is equal to the standard of care for in-person services.

(b) Subject to division (B)(2)(c) of this section, a board may require an initial in-person visit prior to prescribing a schedule II controlled substance to a new patient, equivalent to applicable state and federal requirements.

(c)(i) A board shall not require an initial in-person visit for a new patient whose medical record indicates that the patient is receiving hospice or palliative care, who is receiving medication-assisted treatment or any other medication for opioid-use disorder, who is a patient with a mental health condition, or who, as determined by the clinical judgment of a health care professional, is in an emergency situation.

(ii) Notwithstanding division ~~(B)~~(C) of section 3796.01 of the Revised Code, medical marijuana shall not be considered a schedule II controlled substance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) An individual who holds a license or certificate under Chapter 4758. of the Revised Code who is acting within the scope of the individual's license or certificate as a member of the profession of ~~chemical dependency~~ substance use disorder counseling or , prevention services, or peer support services or who is providing services under that chapter as a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner;

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

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

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

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

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

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

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

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

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

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

Sec. 4758.01. As used in this chapter:

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

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

~~(a) Analyzing background and current information;~~

~~(b) Exploring possible solutions;~~

~~(c) Developing and providing a treatment plan;~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~(H)~~(O) "Substance use disorder counseling" means rendering or offering to render to individuals, groups, or the public a counseling service involving the application of ~~alcohol and other drug~~ substance use disorder clinical counseling principles, methods, or procedures ~~to assist individuals who are abusing or dependent on alcohol or other drugs~~.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) An individual who is a rabbi, priest, Christian Science practitioner, clergy, or member of a religious order and other individuals participating with them in pastoral counseling when the substance use disorder counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally cognizable church, denomination, or sect or, as defined in 26 C.F.R. 1.6033-2(h), an integrated auxiliary of a church ~~as defined in paragraph (h) of 26 Code of Federal Regulations 1.6033-2 (2000) as amended~~, and the individual rendering the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary;

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

Sec. 4758.10. (A) There is ~~hereby created~~ the ~~chemical dependency~~ behavioral health professionals board.

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

(1) Four individuals who hold a valid independent chemical dependency counselor-clinical supervisor license or independent chemical dependency counselor license issued under this chapter, ~~including~~ at least two of whom have received ~~at least~~ a master's degree or higher in a field related to substance use disorder counseling from an accredited educational institution and at least two of whom are also licensed as an independent social worker, professional clinical counselor, or independent marriage and family therapist under Chapter 4757. of the Revised Code;

(2) ~~Two individuals~~ One individual who ~~hold~~ holds a valid chemical dependency counselor III license issued under this chapter;

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

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

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

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

(7) Two individuals who represent the public and have not practiced or provided substance use disorder counseling or, prevention services, or peer support services, have not practiced as a qualified mental health assistant, a qualified mental health specialist, or a qualified mental health practitioner, and have not been involved in the delivery of substance use disorder counseling ~~services or~~, prevention services, peer support services, or services provided by a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner. At least one of these individuals shall be at least fifty years of age. During their terms, the public members shall not practice or provide substance use disorder counseling or, prevention services, or peer support services, practice as a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner, or be involved in the delivery of substance use disorder counseling ~~services or~~, prevention services, peer support services, or services provided by a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner.

(C) The director of ~~mental~~ behavioral health ~~and addiction services~~ shall appoint an individual who represents the department of ~~mental~~ behavioral health ~~and addiction services~~ to serve as an ex officio member of the ~~chemical dependency professionals~~ board.

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

Sec. 4758.11. Of the initial appointees to the chemical dependency professionals board appointed by the governor under division (B) of section 4758.10 of the Revised Code, four shall be appointed for terms ending one year after December 23, 2002, four shall be appointed for terms ending two years after December 23, 2002, and four shall be appointed for terms ending three years after December 23, 2002. After the initial appointments, terms Terms of office of members of the behavioral health professional board appointed by the governor under section 4758.10 of the Revised Code shall be three years, with each term ending on the same day of the same month of the year as the term it succeeds.

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

The ex officio member of the board appointed by the director of ~~mental~~ behavioral health ~~and addiction services~~ under division (C) of section 4758.10 of the Revised Code shall serve at the pleasure of the director.

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

Sec. 4758.13. The ~~chemical dependency~~ behavioral health professionals board shall meet to discuss matters relating to the administration and operation of the board and the regulation of the practices or provision of substance use disorder counseling ~~and~~, peer support services, prevention services, and services provided by qualified mental health assistants, qualified mental health specialists, and qualified mental health practitioners. The board shall hold at least one regular meeting every three months. Additional meetings may be held at such times as the board determines, on the call of the chairperson, or on the written request to the executive director of three or more voting board members. If three or more voting members request a meeting, the executive director shall call a meeting, which shall be held not later than seven days after the request is received.

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

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

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

Sec. 4758.15. The ~~chemical dependency~~ behavioral health professionals board shall employ an executive director. The board may employ and prescribe the powers and duties of employees and consultants as are necessary for it to carry out the board's duties under this chapter and the rules adopted under it.

Sec. 4758.16. The ~~chemical dependency~~ behavioral health professionals board shall not discriminate against any licensee, certificate holder, endorsement holder, or applicant for a license, certificate, or endorsement under this chapter because of the individual's race, color, religion, gender, national origin, disability as defined in section 4112.01 of the Revised Code, or age. The board shall afford a hearing to any individual who files with the board a statement alleging discrimination based on any of those reasons.

Sec. 4758.17. The ~~chemical dependency~~ behavioral health professionals board shall adopt a seal to authenticate its records and proceedings.

A statement, signed by the executive director of the board to which is affixed the official seal of the board, to the effect that an individual specified in the statement does not currently hold a license or, certificate, or endorsement under this chapter or that a license or, certificate, or endorsement issued by the board under this chapter has been revoked or suspended, shall be received as prima-facie evidence of a record of the board in any court or before any officer of the state.

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

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

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

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

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

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

(b) Requirements to obtain the license, certificate, or endorsement that are in addition to the requirements established under sections 4758.38, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, ~~and~~ 4758.48, 4758.49, and 4758.491 of the Revised Code. The additional requirements may include internships and practicums.

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

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

~~(5)~~(6) For the purpose of section 4758.28 of the Revised Code, requirements for approval of ~~continuing~~ education ~~courses of study for individuals who hold a license, certificate, or endorsement issued under this chapter~~programs;

~~(6)~~ (7) For the purpose of determining the amount of a fine to be imposed under section 4758.30 of the Revised Code, a graduated system of fines based on the scope and severity of violations and the history of compliance, not to exceed five hundred dollars per incident;

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

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

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

~~(7)~~(9) For the purpose of section 4758.31 of the Revised Code, methods of ensuring that all records the board holds pertaining to an investigation remain confidential ~~during the investigation~~;

~~(8)~~(10) Criteria for employees of the board to follow when performing their duties under division (B) of section 4758.35 of the Revised Code;

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

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

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

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

(12) For the purpose of division (A) of section 4758.39, division (A) of section 4758.40, and division ~~(A)~~(A)(1) of section 4758.41 of the Revised Code, course requirements for a degree in a behavioral science or nursing that may include specific content areas and minimum hours for course requirements;

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

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

~~(11)~~(15) For the purpose of division (C) of section 4758.39, division (C) of section 4758.40, division (C) of section 4758.41, and division (A)(3) of section 4758.42 of the Revised Code, both of the following:

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

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

~~(12)~~(16) For the purpose of division (B) of section 4758.40, division (B) of section 4758.41, and division (A)(2) of section 4758.42 of the Revised Code, the number of hours of compensated work or supervised internship experience that an individual must have;

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

~~(14)~~ (17) For the purpose of section 4758.42 of the Revised Code, both of the following:

(a) Education requirements for substance use disorders;

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

~~(15)~~(18) For the purpose of section 4758.43 of the Revised Code, both of the following:

(a) The number of hours of training or education in substance use disorder counseling that an individual must have;

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

~~(16)~~(19) For the purpose of section 4758.44 of the Revised Code, ~~both~~ all of the following:

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

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

~~(17)~~(20) For the purpose of division (C) of section 4758.44, division (C) of section 4758.45, and division (D) of section 4758.46 of the Revised Code, both of the following:

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

(b) Requirements for prevention-related education.

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

~~(19)~~(21) For the purpose of section 4758.45 of the Revised Code, both of the following:

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

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

~~(20)~~(22) For the purpose of division (C) of section 4758.46 of the Revised Code, the number of hours of compensated or volunteer work, field placement, intern, or practicum experience in prevention services that an individual must have;

~~(21)~~(23) Standards for the one hundred hours of compensated work or supervised internship in gambling disorder direct clinical experience required by division ~~(B)(2)~~(A)(2)(b) of section 4758.48 of the Revised Code;

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

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

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

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

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

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

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

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

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

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

~~(24)~~(27) The duties, which may differ, of all of the following:

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

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

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

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

~~(25)~~(28) The duties of an independent chemical dependency counselor licensed under this chapter who holds ~~the~~ a gambling disorder endorsement who supervises a chemical dependency counselor III with ~~the~~ a gambling disorder endorsement under section 4758.62 of the Revised Code.;

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

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

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

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

(31) Anything else the board considers necessary to administer this chapter.

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

(C) When it adopts rules under this section, the board may consider standards established by any national association or other organization representing the interests of those involved in substance use disorder counseling or, prevention services, peer support services, or services provided by a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner.

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

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

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

(3) Issuing ~~an initial~~ a gambling disorder endorsement;

(4) Issuing a peer support supervisor endorsement;

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

~~(5)~~(6) Renewing a gambling disorder endorsement;

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

(8) Approving ~~continuing~~ education ~~courses~~ programs under section 4758.28 of the Revised Code, except for any online learning courses administered by the department of behavioral health for the purposes of section 4758.49 of the Revised Code;

~~(7)~~(9) Doing anything else the board determines necessary to administer this chapter.

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

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

Sec. 4758.22. The ~~chemical dependency~~ behavioral health professionals board shall prepare, cause to be prepared, or procure the use of, and grade, cause to be graded, or procure the grading of, examinations to determine the competence of individuals seeking an independent chemical dependency counselor-clinical supervisor license, independent chemical dependency counselor license, chemical dependency counselor III license, chemical dependency counselor II license, peer recovery supporter certificate, youth peer supporter certificate, family peer supporter certificate, prevention consultant certificate, or prevention specialist certificate. The board may develop the examinations or use examinations prepared by state or national organizations that represent the interests of those involved in substance use disorder counseling or , prevention services, or peer support services. The board shall conduct examinations at least twice each year and shall determine the level of competence necessary for a passing score.

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

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

Sec. 4758.23. (A) In rules adopted under section 4758.20 of the Revised Code, the ~~chemical dependency~~ behavioral health professionals board shall establish codes of ethical practice and professional conduct for the following:

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

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

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

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

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

(6) Individuals who hold a valid gambling disorder endorsement.

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

The codes for individuals identified under divisions (A)(1) ~~and (2)~~to (5) of this section may be based on any codes of ethical practice and professional conduct developed by national associations or other organizations representing the respective interests of those ~~involved in substance use disorder counseling or prevention services~~individuals. The board may establish standards in the codes that are more stringent than those established by the national associations or other organizations.

Sec. 4758.24. (A) The ~~chemical dependency~~ behavioral health professionals board shall issue a license, certificate, or endorsement under this chapter to an individual who ~~meets~~ does all of the following ~~requirements~~:

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

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

(3) Meets the requirements to obtain the license, certificate, or endorsement that the individual seeks as specified in section 4758.38, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, or 4758.48, 4758.49, or 4758.491 of the Revised Code;

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

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

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

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

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

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

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

(1) In the case of ~~an initial~~ a chemical dependency counselor assistant preliminary certificate or a registered applicant certificate, thirteen months;

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

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

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

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

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

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

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

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

Sec. 4758.27. (A) The ~~chemical dependency~~ behavioral health professionals board shall not renew or restore under section 4758.26 of the Revised Code a any of the following:

(1) A chemical dependency counselor assistant preliminary certificate;

(2) A registered applicant certificate;

(3) A gambling disorder preliminary endorsement.

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

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

Sec. 4758.28. The ~~chemical dependency~~ behavioral health professionals board shall approve, in accordance with rules adopted under section 4758.20 of the Revised Code and subject to payment of the fee established under section 4758.21 of the Revised Code, ~~continuing~~ education ~~courses of study for individuals who hold~~ programs that may be completed to meet the requirements to receive an initial license, certificate, or endorsement issued under this chapter or to renew a license, certificate, or endorsement issued under this chapter. Programs that may be approved under this section include degree and certificate training programs offered by accredited educational institutions, other training programs selected by the board, and continuing education courses.

Sec. 4758.29. On receipt of a notice pursuant to section 3123.43 of the Revised Code, the ~~chemical dependency~~ behavioral health professionals board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license, certificate, or endorsement issued pursuant to this chapter.

Sec. 4758.30. (A) The ~~chemical dependency~~ behavioral health professionals board, in accordance with Chapter 119. of the Revised Code, may, except as provided in division (B) of this section, refuse to issue a license, certificate, or endorsement applied for under this chapter; refuse to renew or restore a license, certificate, or endorsement issued under this chapter; suspend, revoke, or otherwise restrict a license, certificate, or endorsement issued under this chapter; or reprimand an individual holding a license, certificate, or endorsement issued under this chapter; or impose a fine, in an amount determined in accordance with rules adopted under section 4758.20 of the Revised Code, against an individual holding a license, certificate, or endorsement under this chapter. These actions may be taken by the board regarding the applicant for a license, certificate, or endorsement or the individual holding a license, certificate, or endorsement for one or more of the following reasons:

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

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

(3) Acceptance of a commission or rebate for referring an individual to a person who holds a license or certificate issued by, or who is registered with, an entity of state government, including persons practicing or providing substance use disorder counseling, peer support services, prevention services, or gambling disorder counseling, practicing as a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner, or practicing in fields related to any of the foregoing;

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

(5) Conviction in this state or any other jurisdiction of a misdemeanor committed in the course of practice as an independent chemical dependency counselor-clinical supervisor, independent chemical dependency counselor, chemical dependency counselor III, chemical dependency counselor II, chemical dependency counselor assistant, peer recovery supporter, youth peer supporter, family peer supporter, qualified mental health assistant, qualified mental health specialist, qualified mental health practitioner, prevention consultant, gambling disorder endorsee, prevention specialist, prevention specialist assistant, or registered applicant;

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

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

(8) Practicing without complying with the supervision requirements specified under section 4758.56, 4758.59, 4758.61, or 4758.62, 4758.65, or 4758.66 of the Revised Code;

(9) Violation of the code of ethical practice and professional conduct for substance use disorder counseling, peer support services, prevention services, or gambling disorder counseling, or services provided by a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner adopted by the board pursuant to section 4758.23 of the Revised Code;

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

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

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

Sec. 4758.31. (A) The ~~chemical dependency~~ behavioral health professionals board shall investigate alleged violations of this chapter or the rules adopted under it and alleged irregularities in the delivery of ~~substance use disorder counseling services, prevention services, or gambling disorder counseling~~ services by individuals who hold a license, certificate, or endorsement issued under this chapter. As part of an investigation, the board may issue subpoenas, examine witnesses, and administer oaths.

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

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

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

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

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

(C) The board may receive any information necessary to conduct an investigation under this section that has been obtained in accordance with federal laws and regulations. If the board is investigating the provision of ~~substance use disorder counseling services or gambling disorder counseling~~ services to a couple or group, it is not necessary for both members of the couple or all members of the group to consent to the release of information relevant to the investigation.

(D) The board shall ensure, in accordance with rules adopted under section 4758.20 of the Revised Code, that all records it holds pertaining to an investigation remain confidential ~~during the investigation~~. ~~After the investigation, the records are public records except as otherwise provided by federal or state law.~~

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

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

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

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

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

(2) Submit to the board all applications that the individual or individuals ~~recommend the board review~~, based on the criteria established in the rules, recommend for review by the board.

Sec. 4758.36. As part of the review process under division (C) of section 4758.35 of the Revised Code of an application submitted by an applicant whose education or experience in substance use disorder counseling, peer support services, prevention services, or gambling disorder counseling, or services provided by a qualified mental health assistant, qualified mental health specialist, or qualified mental health practitioner was obtained outside the United States, or whose education and experience both were obtained outside the United States, the ~~chemical dependency~~ behavioral health professionals board shall determine whether the applicant's command of the English language and education or experience meet the standards required by this chapter and rules adopted under it.

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

(1) Be at least eighteen years of age;

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

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

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

(1) Be at least eighteen years of age;

(2) Meet any of the following qualifications:

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

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

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

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

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

(1) Be at least eighteen years of age;

(2) Meet any of the following qualifications:

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

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

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

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

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

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

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

(2) Ethics and ethical behavior;

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

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

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

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

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

(8) Understanding specialized populations across the lifespan;

(9) Trauma-informed care.

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

(1) Psychology;

(2) Counseling;

(3) Sociology;

(4) Psychiatric rehabilitation;

(5) Behavioral science;

(6) Health and human services;

(7) Human services;

(8) Public or community health;

(9) Rehabilitation;

(10) Vocational rehabilitation;

(11) Neuroscience;

(12) Cognitive science;

(13) Education;

(14) Child development;

(15) Child and family studies;

(16) Family development;

(17) Gerontology;

(18) Criminal justice;

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

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

(A) Hold from an accredited educational institution ~~at least~~ a master's degree or higher in either a behavioral science or nursing that meets the course requirements specified in rules adopted under section 4758.20 of the Revised Code;

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

(1) ~~Substance use disorder~~ The provision of services in substance use disorder counseling within a scope of practice that the board considers appropriate for an individual seeking an independent chemical dependency counselor-clinical supervisor license;

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

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

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

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

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

(A) Hold from an accredited educational institution ~~at least~~ a master's degree or higher in a behavioral science or nursing that meets the course requirements specified in rules adopted under section 4758.20 of the Revised Code;

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

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

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

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

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

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

(1) A bachelor's degree or higher in a behavioral science or nursing that meets the course requirements specified in rules adopted under section 4758.20 of the Revised Code;

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

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

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

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

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

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

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

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

(a) ~~Substance use disorder~~ The provision of services in substance use disorder counseling within a scope of practice that the board considers appropriate for an individual seeking a chemical dependency counselor II license;

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

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

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

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

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

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

(a) A behavioral science;

(b) Nursing.

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

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

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

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

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

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

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

Sec. 4758.43. An individual seeking a chemical dependency counselor assistant certificate shall ~~have~~ meet all of the following requirements:

(A) Be at least eighteen years of age;

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

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

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

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

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

(B) Hold from an accredited educational institution ~~at least~~ a bachelor's degree or higher in a field of study specified in rules adopted under section 4758.20 of the Revised Code;

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

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

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

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

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

(B) Hold from an accredited educational institution ~~at least~~ an associate's degree or higher in a field of study specified in rules adopted under section 4758.20 of the Revised Code;

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

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

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

(A) Be at least eighteen years of age;

(B) Have ~~at least~~ a high school diploma or , certificate of high school equivalence, or a higher degree;

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

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

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

(A) Be at least eighteen years of age;

(B) Have ~~at least~~ a high school diploma or , a certificate of high school equivalence, or a higher degree;

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

Sec. 4758.48. (A) An individual is ~~not~~ eligible for a gambling disorder endorsement ~~unless~~ only if the individual meets ~~the requirements of divisions (A) and (B) of this section.~~both of the following conditions:

~~(A)~~(1) The individual is an independent chemical dependency counselor, chemical dependency counselor III, or chemical dependency counselor II licensed under this chapter.

~~(B)~~(2) Except as ~~otherwise~~ provided in ~~this~~ division (B) of this section, the individual has completed both of the following:

~~(1)~~(a) A minimum of thirty hours of gambling disorder training that meets the requirements prescribed in rules adopted under section 4758.20 of the Revised Code; ~~and~~

~~(2)~~(b) A minimum of one hundred hours of compensated work or supervised internship in gambling disorder direct clinical experience.

(B) An individual ~~may be issued an initial gambling disorder endorsement without having complied with division (B)(2)~~ who has not satisfied the conditions described in division (A)(2)(b) of this section~~, but~~ may be issued a gambling disorder preliminary endorsement. To be eligible for a gambling disorder endorsement after the preliminary endorsement expires, the individual shall ~~comply with division (B)(2) of this section before expiration~~ satisfy the conditions described in division (A)(2)(b) of this section within the two-year period following issuance of the ~~initial~~ preliminary endorsement. ~~An individual who fails to comply with this paragraph is not entitled to renewal of the initial endorsement.~~

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

(1) Be at least eighteen years of age;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 4758.51. (A) Except as provided in division (C) of this section and in accordance with rules adopted under section 4758.20 of the Revised Code, each individual who holds a license, certificate, or endorsement issued under this chapter~~, other than an initial chemical dependency counselor assistant certificate,~~ that is permitted to be renewed shall complete during the period that the license, certificate, or endorsement is in effect not less than the following number of clock hours of continuing education as a condition of receiving a renewed license, certificate, or endorsement:

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

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

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

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

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

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

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

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

(A) Diagnose and treat substance use disorder conditions;

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

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

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

(A) Diagnose and treat substance use disorder conditions;

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

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

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

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

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

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

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

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

(2) Treat substance use disorder conditions;

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

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

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

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

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

~~(1) Perform~~ perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of and dependency on alcohol and other drugs;

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

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

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

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

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

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

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

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

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

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

(A) Diagnose and treat gambling disorder conditions;

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

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

Sec. 4758.63. (A) An individual who holds a chemical dependency counselor III license and a gambling disorder endorsement may do all of the following:

~~(A)~~(1) Treat gambling disorder conditions;

~~(B)~~(2) Diagnose gambling disorder conditions under supervision;

~~(C)~~(3) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and educational services insofar as those functions relate to gambling disorders;

~~(D)~~(4) Supervise gambling disorder counseling under supervision~~; and~~

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

(B) The supervision required by divisions ~~(B)~~(A)(2) and ~~(D)~~(4) of this section shall be provided by an independent chemical dependency counselor licensed under this chapter; an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code; a psychologist licensed under Chapter 4732. of the Revised Code; an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code; a registered nurse licensed under Chapter 4723. of the Revised Code; or a professional clinical counselor, independent social worker, or independent marriage and family therapist licensed under Chapter 4757. of the Revised Code.

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

Sec. 4758.64. (A) An individual who holds a chemical dependency counselor II license and a gambling disorder endorsement may do ~~all~~ both of the following:

~~(A)~~(1) Treat gambling disorder conditions;

~~(B)~~(2) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and educational services insofar as those functions relate to gambling disorders~~; and~~

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

(B) An individual holding a chemical dependency counselor II license and a gambling disorder endorsement shall not practice as an individual practitioner.

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

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

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

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

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

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

(a) Resiliency and recovery;

(b) Self-determination;

(d) Well-being;

(e) Skill development;

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

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

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

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

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

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

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

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

(3) A psychiatrist.

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

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

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

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

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

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

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

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

(b) Perform biopsychosocial assessments;

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

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

(2) Diagnose substance use disorder conditions;

(3) Authorize a treatment plan.

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

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

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

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

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

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

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

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

Sec. 4758.70. (A) Except to the extent of providing services authorized by this chapter, this chapter does not authorize any individual to engage in either of the following:

~~(A)~~(1) The practice of psychology as defined in section 4732.01 of the Revised Code;

~~(B)~~(2) The practice of professional counseling, practice of social work, or practice of marriage and family therapy, as those terms are defined in section 4757.01 of the Revised Code.

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

Sec. 4758.72. The ~~chemical dependency~~ behavioral health professionals board shall comply with section 4776.20 of the Revised Code.

Sec. 4776.01. As used in this chapter:

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

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

(1) The board authorized by Chapters 4701., 4717., 4725., 4729., 4730., 4731., 4732., 4734., 4740., 4741., 4747., 4751., 4753., 4755., 4757., 4758., 4759., 4760., 4761., 4762., 4772., 4774., 4778., 4779., and 4783. of the Revised Code to issue a license to engage in a specific profession, occupation, or occupational activity, or to have charge of and operate certain specific equipment, machinery, or premises.

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

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

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

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

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

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

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

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

(2) "Licensee" means, in addition to a licensee as described in division (B) of section 4776.01 of the Revised Code, the person to whom a license is issued by the board or other government entity authorized to issue a license under Chapters 3776., 4703., 4707., 4709., 4712., 4713., 4719., 4723., 4727., 4728., 4733., 4735., 4737., 4738., ~~4740., 4747.,~~ 4749., ~~4751.,~~ 4752., ~~4753., 4758., 4759.,~~ 4763., 4764., 4765., 4766., 4771., 4773., and 4781. of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

(6) Conduct the hearing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) A nonpublic hospital;

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

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

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

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

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

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

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

(2) The respondent's preferences;

(3) The respondent's projected treatment plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The Behavioral Health Professionals Board;

(2) The Department of Behavioral Health;

(3) The Department of Medicaid;

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

(5) Other interested parties.

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

Section 8. Section 4758.46 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 113 and H.B. 230 of the 131st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.