reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.10 | Enforcing Repayment Order - Collection.

Effective:
November 24, 1995
Latest Legislation:
Senate Bill 150 - 121st General Assembly
The department of health shall notify the attorney general if any person fails to comply with a repayment order issued under division (C)(2) of section 4769.03 of the Revised Code. On receipt of the notice, the attorney general may, on behalf of the medicare beneficiary the person was ordered to repay, commence a civil action in the court of common pleas of Franklin county, the county in which the person resides, or the county in which the person's principal place of business is located to obtain a judgment ordering the person to repay the amount specified in division (C)(2) of section 4769.03 of the Revised Code plus the interest specified in that division. If the court determines that the department made the finding that the person violated section 4769.02 of the Revised Code after complying with division (B) of section 4769.03 of the Revised Code, the court shall order the person to make the repayment.
If any person fails to pay, by the deadline specified in section 4769.09 of the Revised Code, a monetary penalty imposed under division (C)(3) or (D) of section 4769.03 of the Revised Code or costs ordered to be paid pursuant to section 4769.08 of the Revised Code, the department shall certify the amount due to the attorney general in accordance with section 131.02 of the Revised Code, and the attorney general shall collect the penalty or costs in accordance with that section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.03 | Action on Agent Contract.

Effective:
June 14, 1988
Latest Legislation:
Senate Bill 263 - 117th General Assembly
No athlete agent shall commence or maintain an action in any court in this state on the basis of any agent contract entered into in this state unless the contract complies with section 4771.02 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.04 | Status of Agent Contracts.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
Any agent contract entered into in violation of this chapter shall be void and unenforceable.
An agent contract entered into in this state or an agent contract entered into with an athlete who is enrolled in an educational institution or institution of higher education located in this state shall be governed by Ohio law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.05 | Athletic Commission Duties.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
The Ohio athletic commission, established under section 3773.33 of the Revised Code, shall do all of the following:
(A) Review the application form of an applicant for registration as an athlete agent;
(B) Issue and renew biennial certificates of registration for an athlete agent pursuant to this chapter;
(C) Maintain records of every athlete agent registered in this state, including the agent's business and residential address, and the date and number of the agent's registration;
(D) Establish an application form to be completed by an individual seeking registration as an athlete agent;
(E) Establish a fee for the registration, and renewal of the registration, of an individual as an athlete agent in an amount necessary to generate sufficient funds to cover the cost of administering and enforcing this chapter;
(F) Adopt rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.06 | Certificate of Registration Required.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
No person shall serve as an athlete agent in this state unless the person holds a current and valid certificate of registration as an athlete agent issued under section 4771.08 of the Revised Code, a temporary certificate issued under section 4771.08 of the Revised Code, or a temporary certificate of convenience issued under section 4771.09 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.07 | Applying for Registration.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) Each individual who desires to serve as an athlete agent within this state shall first file an application for registration with the Ohio athletic commission. The applicant shall apply using a form prescribed by the commission and shall provide all the following information:
(1) The name and residential address of the applicant;
(2) The address of the primary location in which the applicant wishes to conduct business as an athlete agent;
(3) The type of business conducted or the occupation held by the applicant during the five years immediately preceding application;
(4) The location and evidence of a trust fund established in accordance with division (B) of section 4771.12 of the Revised Code and rules adopted by the commission;
(5) The name and address of all persons who have a financial interest in the business operation of the applicant, or who are compensated for the solicitation or recruitment of athletes on behalf of the applicant, except for salaried employees who receive no commission or bonus pursuant to any agent or professional sports services contract;
(6) Any other information deemed necessary by the commission.
(B) The applicant shall submit with the application for registration an affidavit or certificate of completion describing all formal training or practical experience completed by the applicant in any of the following areas:
(1) Contracts;
(2) Contract negotiations;
(3) Complaint resolution;
(4) Arbitration;
(5) Dispute resolution.
An attorney admitted to practice law in this state shall submit with the application a certificate of good standing issued by the supreme court of Ohio in lieu of an affidavit or certificate otherwise required under this division.
(C) An applicant shall submit with the application for registration an application fee in an amount determined by the commission pursuant to division (F) of section 4771.05 of the Revised Code and proof of one of the securities required under section 477.11 4771.11 of the Revised Code.
(D) An athlete agent shall notify the commission of any change in business location or address during the period of application for registration or during the period of time the registration of the athlete agent is valid.
Last updated February 27, 2023 at 5:19 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.08 | Issuing Certificate of Registration or Temporary Certificate.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Upon receipt of all the materials required for application for registration under section 4771.07 of the Revised Code, the Ohio athletic commission shall evaluate the information provided and issue a certificate of registration to the applicant, unless the commission finds that the applicant or an employee or representative of the applicant has committed any of the acts described in division (A) of section 4771.18 of the Revised Code.
Notwithstanding the requirements for a certificate of registration under this chapter, the commission shall issue a certificate of registration in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant is registered in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an athlete agent in a state that does not issue that certificate of registration.
(B) The commission may issue a temporary certificate of registration, effective for a period of up to ninety days after the issuance of the temporary registration, to a nonresident athlete agent who is registered as an athlete agent in another state, or to a person who has not submitted all the material required under section 4771.07 of the Revised Code, but who the commission determines to have submitted sufficient material to warrant the issuance of a temporary certificate. Chapter 4796. of the Revised Code does not apply to a temporary certificate of registration issued under this division.
(C) The registration of an athlete agent with the commission is valid for a period of two years after the date the certificate of registration is issued. An athlete agent shall file an application for the renewal of a registration with the commission at least thirty days prior to the expiration of the registration of the athlete agent. An application for renewal shall be accompanied by a renewal fee in an amount determined by the commission pursuant to division (F) of section 4771.05 of the Revised Code.
(D) Each certificate of registration issued by the commission to an athlete agent shall contain all the following information:
(1) The name of the athlete agent;
(2) The address of the primary location in which the athlete agent is authorized to conduct business as an athlete agent;
(3) A registration number for the athlete agent and the date of issuance of the registration.
(E) No registration or certificate of registration is valid for any individual other than the athlete agent to whom it is issued.
(F) The commission is not liable for the acts of an athlete agent who is registered with the commission.
Last updated December 29, 2023 at 5:46 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.09 | Issuing Certificate of Convenience.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) The Ohio athletic commission may issue an eligible person a certificate of convenience to conduct business as an athlete agent when a registered athlete agent is deceased, or declared incompetent or physically infirm by the judgment of a court of competent jurisdiction. The commission may issue a certificate of convenience upon either receiving approval to do so from a probate court or finding that the last will and testament of the athlete agent specifically authorizes the executor or administrator of estate to conduct the business of the athlete agent.
(B) The following persons are eligible to obtain a certificate of convenience to conduct business on behalf of an athlete agent:
(1) The executor or administrator of the estate of the deceased athlete agent;
(2) The guardian of the estate of an athlete agent who has been declared incompetent or the conservator appointed to manage the estate of an athlete agent who has been declared physically infirm.
(C) A certificate of convenience is valid for ninety days after the date it is issued. If the holder of a certificate of convenience applies for registration as an athlete agent, the commission may renew the certificate of convenience for a period of time the commission finds appropriate pending the commission's determination whether to issue a certificate of registration as an athlete agent to the holder of the certificate of convenience.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.10 | Continuing Education.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
The commission may require each registered athlete agent to complete not more than six hours of continuing education during a biennial registration in programs to be determined or approved by the commission. If the commission imposes continuing education requirements on athlete agents, not less than two of the six hours of continuing education shall be devoted to ethics.
A continuing education program shall promote the ability of an athlete agent to serve as an athlete agent in an ethical and legal manner. A continuing education program may address laws and rules governing athlete agents and rules and policies established by an athletic conference or a collegiate athletic organization. An athlete agent also may obtain credit for continuing education by participating in or attending lectures, courses at institutions of higher education, seminars, or rule-making or disciplinary proceedings approved by the commission, or by teaching a subject that pertains to the profession of an athlete agent.
If the commission requires athlete agents to fulfill continuing education requirements under this section, the commission shall adopt rules to carry out the purposes of this section. The rules shall contain procedures by which the commission shall monitor an athlete agent's compliance with the continuing education requirements prior to renewal of an athlete agent's certificate of registration.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.12 | Fees of Agent.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) Fees charged by an athlete agent for services provided to an athlete may be negotiated between the parties.
(B)(1) Except as provided in division (B)(2) of this section, an athlete agent shall establish an interest-bearing trust fund or similar account in a depository approved by the Ohio athletic commission to be used for the deposit of all revenues received on behalf of an athlete. An athlete agent shall deposit any revenue received on behalf of an athlete in the interest-bearing trust fund or account. The athlete agent shall notify the commission of the address and location of the trust fund or account and the depository in which it is located.
(2) An athlete agent who is an attorney licensed to practice law in this state may deposit any revenue received on behalf of an athlete in a trust account already maintained by the agent attorney in a financial institution in this state for the deposit of revenue received on behalf of clients.
(C) No athlete agent shall share fees with any person other than an employee of the athlete agent. If an athlete agent shares a fee with an employee, the athlete agent shall obtain written consent from the athlete prior to entering a fee agreement with the athlete. No athlete agent shall enter fee agreements that are prohibited under this chapter.
(D) If an athlete agent collects a fee or expense from an athlete as consideration for obtaining employment for the athlete, and the athlete agent fails to procure such employment, the agent shall retain only the following portion of the fee or expense:
(1) The cost of reasonable expenses incurred by the athlete agent during the course of representing the athlete in efforts to obtain employment for the athlete;
(2) A negotiated fee in connection with instances where the athlete receives a bonus or some compensation for signing a professional sports services contract.
(E) Nothing in this section shall be construed to limit the authority of the Ohio supreme court to establish or regulate fees for activities considered to be the practice of law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.13 | Investments of Athletes.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
No athlete agent shall act on behalf of an athlete as a "dealer" or "investment advisor," as defined in section 1707.01 of the Revised Code, unless the athlete agent complies with Chapter 1707. of the Revised Code.
An athlete agent shall disclose to an athlete and the Ohio athletic commission any ownership interest the athlete agent has in an entity referred to by the athlete agent in advising the athlete concerning investments. An athlete agent shall disclose any commissions or fees the athlete agent may receive as a result of an investment decision made by an athlete in response to investment advice from the athlete agent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.14 | Maintaining Records.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) An athlete agent shall maintain all of the following records:
(1) The name and address of each athlete for whom the athlete agent performs services as an athlete agent in exchange for compensation;
(2) The amount of fees or compensation received for the performance of services for each athlete;
(3) A copy of the contract entered into between the athlete agent and each athlete;
(4) Any other information the Ohio athletic commission finds appropriate in connection with the provision of services by an athlete agent.
(B) An athlete agent shall maintain all records required to be maintained pursuant to this section, in a manner that the commission shall prescribe, for a period of five years.
(C) No athlete agent or employee or representative of an athlete agent shall make, or cause to be made, any false records or records containing false information.
(D) All financial records, financial books, and other records not subject to the attorney-client privilege that are required to be maintained pursuant to this chapter shall be open to inspection by the commission and its representatives, upon reasonable notice, at the pleasure of the commission.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.15 | Authorized Conduct.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
An athlete agent may engage in the following conduct:
(A) Provide or send written materials to an athlete if the athlete agent simultaneously submits an identical copy of the materials to the athletic director or the director's designee, or person of similar position, at the educational institution or institution of higher education in which the athlete is enrolled, or to the institution of higher education to which the athlete provided a written notice of intent to participate in intercollegiate athletics;
(B) Contact an athlete after an athlete initiates contact with an athlete agent, provided that the athlete agent provides notice, in accordance with this chapter, to the educational institution or the institution of higher education in which the athlete is enrolled, or the institution of higher education to which the athlete has provided a written notice of intent to participate in intercollegiate athletics;
(C) Participate in educational programs sponsored by an institution of higher education or a professional sports counseling panel at an institution of higher education.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.16 | Advertisements.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
No athlete agent shall publish or cause to be published any false, fraudulent, or misleading notice, advertisement, or information with knowledge that it is false, fraudulent, or misleading. All advertisements of an athlete agent shall contain the name and registered business address of the athlete agent and some indication that the athlete agent is registered with the Ohio athletic commission.
As used in this section, "advertisement" includes circulars, signs, newspaper or magazine publications, or other oral or written communication that names the athlete agent in connection with the provision of services as an athlete agent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.17 | Prohibited Acts.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
No athlete agent shall do any of the following:
(A) Provide false information or make false promises or representations concerning the employment of an athlete;
(B) Engage in any conduct that demonstrates bad faith or dishonesty in connection with the performance of services as an athlete agent;
(C) Commingle money or property of an athlete with the agent's own money or property;
(D) Offer anything of value to a person in order to induce an athlete to enter into an agreement pursuant to which the athlete agent represents the interests of the athlete;
(E) Engage in reckless or intentional mismanagement or misconduct as an athlete agent where such conduct results in financial harm to an athlete or an educational institution or institution of higher education;
(F) Violate the rules of the athletic conference or collegiate athletic association governing an athlete or the educational institution or institution of higher education in which an athlete is enrolled when the violation may affect the eligibility of the athlete to participate in athletic competition or otherwise penalize the educational institution or institution of higher education;
(G) Aid or abet another in conduct that violates the rules of the athletic conference or collegiate athletic association governing an athlete or the educational institution or institution of higher education in which the athlete is enrolled, when the violation results in the ineligibility of the athlete to participate in athletic competition or otherwise penalizes the educational institution or institution of higher education;
(H) Make any contact with an athlete that is prohibited under this chapter, other state or federal law, or the rules of any athletic conference or collegiate athletic association;
(I) Post-date an agent or professional sports services contract;
(J) Loan or advance money to an athlete or the family or friends of an athlete in connection with the recruitment or solicitation of the athlete;
(K) Provide transportation, material goods, or any other services to an athlete, or family or friends of an athlete, in connection with the recruitment or solicitation of an athlete;
(L) Publish or cause to be published any false or misleading information or advertisements concerning the athlete agent, an athlete, or the provision of services by an athlete agent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.18 | Disciplinary Actions.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) The Ohio athletic commission may, except as provided in division (B) of this section, refuse to grant or renew a registration, or may suspend or revoke a registration of an athlete agent upon proof satisfactory to the commission that the athlete agent or an employee or representative of the athlete agent has done any of the following:
(1) Made false or misleading statements of a material nature in an application for registration as an athlete agent;
(2) Been convicted of or pleaded guilty to an offense in connection with the person's service as an athlete agent in this or another state;
(3) Been convicted of or pleaded guilty to an offense involving illegal gambling;
(4) Engaged in conduct that has a significant adverse impact on the applicant's credibility, integrity, or competence to serve in a fiduciary capacity;
(5) Misappropriated funds or engaged in other specific conduct that would render the applicant unfit to serve in a fiduciary capacity, including being convicted of or pleading guilty to offenses involving embezzlement, theft, or fraud;
(6) Violated a provision of this chapter or a rule adopted under this chapter.
(B) The commission shall not refuse to issue a registration to an applicant because of a conviction of or plea of guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(C) Upon receiving a complaint of a violation of this chapter or a rule adopted under it, the commission shall conduct an investigation of the complaint. If the commission finds reasonable cause to believe a violation occurred, the commission shall conduct a hearing in accordance with Chapter 119. of the Revised Code to determine if a violation occurred. If the commission finds a violation occurred, the commission may suspend or revoke, or refuse to issue or renew, the registration of an athlete agent for such period of time as the commission finds appropriate.
Upon completion of an investigation, if the commission finds no reasonable grounds to believe a violation occurred, the commission shall certify without a hearing that no violation occurred. The commission shall serve the certification on all parties addressed in the complaint by certified mail, return receipt requested. The certification shall be considered a final resolution of the matter if no objection to the certification is filed. A party involved in the complaint may file an objection to the certification with the commission within ten days after the date the certification is mailed. If a party files an objection to the certification within the prescribed period, the commission, within its discretion, may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine if a violation occurred.
Last updated October 9, 2021 at 5:12 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.19 | Civil Actions.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
A person who is injured by a violation of this chapter may initiate a civil action for legal and equitable relief against an athlete agent in a court having jurisdiction over the matter. The plaintiff also may name the surety, the named holder of any security required of an athlete agent under this chapter, or the carrier of malpractice insurance for an athlete agent as additional parties to the action. This cause of action may be transferred or assigned in the same manner as prescribed for civil actions under Ohio law. The amount of damages claimed by the plaintiff, and not the amount of bond, security, or insurance held in the name of an athlete agent, determines the jurisdiction of the court in which the action is brought. In a civil action brought under this section, a court shall not award punitive or exemplary damages against a surety.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.20 | Civil Actions - Institution of Higher Education.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) An institution of higher education may bring a civil action against an athlete agent who violates this chapter for compensatory damages, punitive or exemplary damages, and equitable relief as the court finds appropriate. A court may grant equitable relief to a plaintiff under this section to prevent harm that could result from the acts or omissions of an athlete or athlete agent if the court finds a reasonable likelihood that a violation occurred.
(B) For purposes of this section, an institution of higher education suffers harm when, as the result of the acts of an athlete agent or an athlete, both of the following occur:
(1) The institution or an athlete enrolled at the institution is penalized or is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic conference.
(2) As a result of the penalty or declaration of ineligibility, the institution of higher education experiences any of the following:
(a) A loss of the ability to grant an athletic scholarship;
(b) A loss of the ability to recruit an athlete;
(c) A loss of eligibility to participate in intercollegiate competition;
(d) A loss of eligibility to participate in post-season athletic competition;
(e) A forfeiture of any athletic contest;
(f) An adverse financial impact including, but not limited to, lost revenue from media coverage of athletic competition or lost ticket sales.
(C) An institution of higher education that prevails in an action brought under this section may recover compensatory and punitive or exemplary damages. A court also may award court costs and reasonable attorney's fees to a prevailing plaintiff.
(D) In a civil action brought under this section, a court shall not award punitive or exemplary damages against a surety.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.21 | Jurisdiction - Service of Process.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
Any person who conducts business in this state as an athlete agent consents to the jurisdiction of the courts of this state, whether or not the person is registered as an athlete agent with the Ohio athletic commission.
If an athlete agent conducts business in this state and thereafter leaves this state with intent to defraud creditors or to avoid service of process in an action brought under this chapter, the athlete agent thereby makes the secretary of state of the state of Ohio the agent of the athlete agent for purposes of service of process in any civil action or proceeding instituted in the courts of this state against the athlete agent arising out of, or by reason of, the athlete agent's conduct within this state. This appointment is irrevocable.
The process shall be served by the officer to whom the process is directed or by the sheriff of Franklin county. The process shall be served as follows:
(A) Upon the secretary of state by leaving the process and a true and attested copy of the process at the office of the secretary of state, at least fifteen days before the return day of the process; and
(B) By sending to the defendant, at the defendant's last known address, by registered mail, postage prepaid, a like true and attested copy of the process, with an indorsement on the process of the service upon the secretary of state. The registered mail return receipt of the defendant shall be attached to and made a part of the return of service of the process.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.22 | Athlete Agents Registration Fund.

Effective:
June 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
The Ohio athletic commission shall deposit all money it receives under this chapter to the credit of the occupational licensing and regulatory fund, created under section 4743.05 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.23 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The Ohio athletic commission shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4771 | Athlete Agents › Section 4771.99 | Penalty.

Effective:
March 22, 2001
Latest Legislation:
House Bill 107 - 123rd General Assembly
(A) Whoever violates section 4771.06 or division (J) or (K) of section 4771.17 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) An athlete agent who violates division (C) of section 4771.02 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.01 | Radiation Technician Definitions.

Effective:
April 12, 2021
Latest Legislation:
House Bill 210 - 133rd General Assembly
As used in this chapter:
(A) "General x-ray machine operator" means an individual who operates ionizing radiation-generating equipment in order to perform standard radiology procedures; whose performance of such procedures is limited to specific body sites; and who does not, to any significant degree, determine procedure positioning or the dosage of radiation to which a patient is exposed.
(B) "Chiropractor" means an individual licensed under Chapter 4734. of the Revised Code to practice chiropractic.
(C) "Ionizing radiation" means any electromagnetic or particulate radiation that interacts with atoms to produce ionization in matter, including x-rays, gamma rays, alpha and beta particles, high speed electrons, neutrons, and other nuclear particles.
(D) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(E) "Podiatrist" means an individual authorized under Chapter 4731. of the Revised Code to practice podiatric medicine and surgery.
(F) "Nuclear medicine technologist" means an individual who does all of the following:
(1) Prepares and administers radio-pharmaceuticals to human beings;
(2) Conducts in vivo or in vitro detection and measurement of radioactivity for medical purposes;
(3) Documents orders for radio-pharmaceuticals in patient medical records.
(G) "Radiation therapy technologist" means an individual who utilizes ionizing radiation-generating equipment, including therapy simulator radiation-generating equipment, for therapeutic purposes on human beings.
"Radiation therapy technologist" is the same as a radiation therapist.
(H) "Radiographer" means an individual who does all of the following in order to perform a comprehensive scope of radiology procedures on human beings:
(1) Operates ionizing radiation-generating equipment;
(2) Administers contrast;
(3) Documents orders for contrast in patient medical records;
(4) Determines procedure positioning;
(5) Determines the dosage of ionizing radiation.
(I) "Mechanotherapist" means an individual who holds a certificate issued under section 4731.15 of the Revised Code authorizing the individual to practice mechanotherapy.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.02 | License Requirement.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Except as provided in division (B) of this section, no person shall practice or hold self out as a general x-ray machine operator, radiographer, radiation therapy technologist, or nuclear medicine technologist without a valid license issued under this chapter for the person's area of practice.
(B) Division (A) of this section does not apply to any of the following:
(1) A physician, podiatrist, mechanotherapist, or chiropractor;
(2) An individual licensed under Chapter 4715. of the Revised Code to practice dentistry, to practice as a dental hygienist, or to practice as a dental x-ray machine operator;
(3) As specified in 42 C.F.R. 75, radiologic personnel employed by the federal government or serving in a branch of the armed forces of the United States;
(4) Students engaging in any of the activities performed by basic x-ray machine operators, radiographers, radiation therapy technologists, and nuclear medicine technologists as an integral part of a program of study leading to receipt of a license issued under this chapter or Chapter 4715., 4731., or 4734. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.04 | Conducting Examinations.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
(A) The department of health shall examine, or pursuant to section 3701.044 of the Revised Code contract with another entity to examine, each qualified applicant for a license issued under this chapter. To be eligible for admittance to an examination, an applicant must submit evidence satisfactory to the department or other examiner that the applicant has successfully completed a course of study in the appropriate area of practice and the course of study must have been conducted by an educational program accredited by the department under section 4773.07 of the Revised Code.
In examining or contracting for the examination of applicants, the department shall ensure that an opportunity to take an examination is available as follows:
(1) At least once each month for individuals applying to be licensed as general x-ray machine operators;
(2) At least three times each year for individuals applying to be licensed as radiographers, radiation therapy technologists, or nuclear medicine technologists.
(B) The department shall develop or contract for a separate examination for each type of license issued under this chapter. An examination may consist of all or part of any standard examination created by any entity for purposes of determining the competence of individuals to practice as general x-ray machine operators, radiographers, radiation therapy technologists, or nuclear medicine technologists.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.05 | Grant of Conditional License.

Effective:
October 29, 1995
Latest Legislation:
Senate Bill 162 - 121st General Assembly
Until October 20, 1995, an individual engaging in any of the activities performed by a general x-ray machine operator, radiographer, radiation therapy technologist, or nuclear medicine technologist may be granted a conditional license in that individual's area of practice. Application shall be made on a form prescribed and provided by the department of health, accompanied by the fee established in rules adopted under section 4773.08 of the Revised Code.
The department shall review all applications received and issue the appropriate conditional license to each applicant who submits evidence satisfactory to the department that during the period from October 20, 1993 to October 20, 1994, the applicant was employed to perform the procedures authorized under the license. A conditional license expires on the license holder's birthday that occurs on or after October 20, 1997, and is not renewable.
An individual holding a conditional license may apply for a license issued under section 4773.03 of the Revised Code after completing the continuing education requirements specified in rules adopted under section 4773.08 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.06 | Supervising Radiologic Procedures.

Effective:
June 30, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
(A) Except as provided in division (C) of this section, a general x-ray machine operator may perform radiologic procedures only if a physician, podiatrist, mechanotherapist, or chiropractor is providing direct supervision. Direct supervision does not require the practitioner to observe each radiologic procedure performed by the operator, but does require that the practitioner be present at the location where the operator is performing radiologic procedures for purposes of consulting with and directing the operator while performing the procedures. A practitioner supervising a general x-ray machine operator may authorize the operator to perform only those radiologic procedures that are within the practitioner's scope of practice as determined by the laws under which the practitioner is authorized to practice.
(B) A radiographer, radiation therapy technologist, or nuclear medicine technologist may perform radiologic procedures only if a physician is providing general supervision. General supervision does not require the physician to observe each radiologic procedure performed or to be present at the location where the procedure is being performed, but does require that the physician be readily available for purposes of consulting with and directing the individual while performing the procedures.
(C) A general x-ray machine operator who is licensed under Chapter 4723. of the Revised Code to practice as a registered nurse and is providing occupational health nursing services in an industrial workplace may perform radiologic procedures under a physician's general supervision, as described in division (B) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.061 | Computed Tomography Procedures.

Effective:
April 12, 2021
Latest Legislation:
House Bill 210 - 133rd General Assembly
Subject to section 4773.06 of the Revised Code, a radiation therapy technologist or nuclear medicine technologist may perform computed tomography procedures if the technologist is certified in computed tomography by a national certifying organization approved by the director of health under section 4773.08 of the Revised Code.
When performing computed tomography procedures, the technologist shall act in accordance with rules adopted under section 4773.08 of the Revised Code. In the case of a nuclear medicine technologist, the technologist also shall act in a manner that is consistent with a definitive set of treatment guidelines, as described in section 4773.10 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.07 | Accreditation for Educational Programs - Continuing Education.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Each person seeking accreditation for an educational program or approval for a continuing education program in general x-ray machine operation, radiology, radiation therapy technology, or nuclear medicine technology shall apply to the department of health on a form the department shall prescribe and provide. The application shall be accompanied by the accreditation or approval fee established in rules adopted under section 4773.08 of the Revised Code.
(B) The department shall accredit educational programs and approve continuing education programs that meet the standards established in rules adopted under section 4773.08 of the Revised Code. The accreditation or approval shall be valid until surrendered by the program or suspended or revoked by the department. A program's accreditation or approval may be suspended or revoked if the program does not comply with applicable requirements of this chapter or rules adopted under it.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.08 | Administrative Rules.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The director of health shall adopt rules to implement and administer this chapter. In adopting the rules, the director shall consider any recommendations made by the radiation advisory council created under section 3748.20 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code and shall not be less stringent than any applicable standards specified in 42 C.F.R. 75. The rules shall establish all of the following:
(A) Standards for licensing general x-ray machine operators, radiographers, radiation therapy technologists, and nuclear medicine technologists;
(B) Application, renewal, and reinstatement fees for licenses issued under this chapter that do not exceed the cost incurred in issuing, renewing, and reinstating the licenses;
(C) Standards for accreditation of educational programs and approval of continuing education programs in general x-ray machine operation, radiology, radiation therapy technology, and nuclear medicine technology;
(D) Fees for accrediting educational programs and approving continuing education programs in general x-ray machine operation, radiology, radiation therapy technology, and nuclear medicine technology that do not exceed the cost incurred in accrediting the educational programs;
(E) Fees for issuing conditional licenses under section 4773.05 of the Revised Code that do not exceed the cost incurred in issuing the licenses;
(F) Continuing education requirements that must be met to have a license renewed or reinstated under section 4773.03 of the Revised Code;
(G) Continuing education requirements that the holder of a conditional license must meet to receive a license issued under section 4773.03 of the Revised Code;
(H) Standards for approving national certifying organizations that certify nuclear medicine technologists or radiation therapy technologists to perform computed tomography;
(I) Standards for performing computed tomography procedures;
(J) Any other rules necessary for the implementation or administration of this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.09 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The department of health shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.10 | Practice Consistent With Treatment Guidelines.

Effective:
April 12, 2021
Latest Legislation:
House Bill 210 - 133rd General Assembly
As used in this section, "clinical leadership" includes an institution's medical director and director of radiology.
When engaging in an activity pursuant to a license issued under this chapter to practice as a radiographer or nuclear medicine technologist, the radiographer or nuclear medicine technologist shall do so in a manner that is consistent with a definitive set of treatment guidelines approved by the clinical leadership of the institution at which the radiographer or technologist practices.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4773 | Radiation Technicians › Section 4773.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever violates section 4773.02 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4774 | Radiologist Assistants › Section 4774.01 | Radiologist Assistants Definitions.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
As used in this chapter:
(A) "Radiologist assistant" means an individual who assists a radiologist in the care of radiology patients by engaging in any of the activities authorized under section 4774.08 of the Revised Code.
(B) "Radiologist" means a physician who has successfully completed an approved radiology training program, as specified in the accreditation requirements that must be met to qualify as graduate medical education, as defined in section 4731.04 of the Revised Code.
(C) "Radiology" means the branch of medicine that deals with the use of radiation in diagnosis and treatment of disease or conditions.
(D) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(E) "General anesthesia," "deep sedation," "moderate sedation," and "minimal sedation" have the meanings specified by the state medical board in rules adopted under section 4774.11 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4774 | Radiologist Assistants › Section 4774.02 | License Required to Practice as Radiologist Assistant.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A)(1) Except as provided in division (B) of this section, no person shall practice as a radiologist assistant unless the person holds a current, valid license to practice as a radiologist assistant issued under this chapter.
(2) No person shall use the title "radiologist assistant" or otherwise hold the person out as a radiologist assistant, unless the person holds a current, valid license to practice as a radiologist assistant issued under this chapter.
(B) Division (A)(1) of this section does not apply to either of the following:
(1) A student participating in an advanced academic program that must be completed to receive a license to practice as a radiologist assistant, as those programs are described in division (B)(3) of section 4774.03 of the Revised Code;
(2) A person who is otherwise authorized to perform any of the activities that a radiologist assistant is authorized to perform, either pursuant to another provision of the Revised Code or pursuant to the rules adopted by the state medical board under section 4731.053 of the Revised Code governing physician delegation of medical tasks.