WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A)(1) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes managing appointment scheduling and reminders, processing billing and insurance claims, and drafting general communications related to therapy logistics that do not include therapeutic advice.R.C. § 4743.21(A)(1)" means tasks performed to assist a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9) that do not involve communication. "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes managing appointment scheduling and reminders, processing billing and insurance claims, and drafting general communications related to therapy logistics that do not include therapeutic advice.R.C. § 4743.21(A)(1)" includes managing appointment scheduling and reminders, processing billing and insurance claims, and drafting general communications related to therapy logistics that do not include therapeutic advice.
(A)(2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2)" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2)" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence technology system that satisfies all of the following: (a) The system is trained on data. (b) The system is designed to simulate human conversation with a consumer through text, audio, or visual communication. (c) The system generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.R.C. § 4743.21(A)(3).
(A)(3) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence technology system that satisfies all of the following: (a) The system is trained on data. (b) The system is designed to simulate human conversation with a consumer through text, audio, or visual communication. (c) The system generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.R.C. § 4743.21(A)(3)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) technology system that satisfies all of the following: (a) The system is trained on data. (b) The system is designed to simulate human conversation with a consumer through text, audio, or visual communication. (c) The system generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.
(A)(4) "Licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4)" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9).
(A)(5) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.R.C. § 4743.21(A)(5)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.
(A)(6) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.R.C. § 4743.21(A)(6)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9).
(A)(7) "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and are not administrative support. "Supplementary support" includes preparing and maintaining client records and therapy notes, analyzing anonymized data to track client progress or identify trends, and identifying and organizing external resources or referrals for client use.R.C. § 4743.21(A)(7)" means tasks performed to assist a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.C. § 4743.21(A)(8) and are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes managing appointment scheduling and reminders, processing billing and insurance claims, and drafting general communications related to therapy logistics that do not include therapeutic advice.R.C. § 4743.21(A)(1). "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and are not administrative support. "Supplementary support" includes preparing and maintaining client records and therapy notes, analyzing anonymized data to track client progress or identify trends, and identifying and organizing external resources or referrals for client use.R.C. § 4743.21(A)(7)" includes preparing and maintaining client records and therapy notes, analyzing anonymized data to track client progress or identify trends, and identifying and organizing external resources or referrals for client use.
(A)(8) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.C. § 4743.21(A)(8)" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.C. § 4743.21(A)(8)" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.
(A)(9) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9)" does not include religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.R.C. § 4743.21(A)(6) or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.R.C. § 4743.21(A)(5).
(A)(10) "Therapy professional licensing boardTherapy professional licensing board"Therapy professional licensing board" means all of the following: (a) The state board of psychology; (b) The counselor, social worker, and marriage and family therapist board; (c) The chemical dependency professionals board; (d) The state medical board; (e) Any other professional licensing board in this state that licenses or certifies a professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(10)" means all of the following: (a) The state board of psychology; (b) The counselor, social worker, and marriage and family therapist board; (c) The chemical dependency professionals board; (d) The state medical board; (e) Any other professional licensing board in this state that licenses or certifies a professional authorized to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9).
Division (A) defines the key terms used throughout the section. The definitions establish the scope of who is covered (licensed therapy professional encompasses psychologists, clinical counselors, social workers, marriage and family therapists, chemical dependency counselors, behavior analysts, and any other professional authorized to provide therapy), what AI use is permitted (limited to supplementary support, which excludes therapeutic communication and administrative support), and what activities are off-limits (any form of therapeutic communication, which is broadly defined to include direct client interactions, guidance, emotional support, treatment planning, and behavioral feedback). The carve-outs for religious counseling and peer support are also established here.
(B)(1) Subject to divisions (B)(2) and (C) of this section, a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) to assist in providing supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed therapy professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and are not administrative support. "Supplementary support" includes preparing and maintaining client records and therapy notes, analyzing anonymized data to track client progress or identify trends, and identifying and organizing external resources or referrals for client use.R.C. § 4743.21(A)(7) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9) while engaging in therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.C. § 4743.21(A)(8) with a client.
(B)(2)(a) 1 Before utilizing artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) in accordance with division (B)(1) of this section, a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) shall do both of the following: (a) Obtain the written informed consent of the patient or patient's authorized representative indicating that the patient or the patient's authorized representative has been informed that artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) will be used and for what specific purpose the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) will be used;
(B)(2)(b) 2 Enter into all necessary business associate agreements to ensure compliance with the "Health Insurance Portability and Accountability Act of 1996," 42 U.S.C. 1320d et seq.
Division (B) establishes the only permissible use of AI by licensed therapy professionals: supplementary support (record-keeping, anonymized data analysis, resource identification) during the delivery of therapy or psychotherapy services. This permission is conditioned on two prerequisites. First, the professional must obtain written informed consent from the patient or the patient's authorized representative that specifically identifies the AI use and its purpose. Second, the professional must execute all necessary HIPAA business associate agreements before deploying AI. These conditions must be satisfied before any AI use begins — they are pre-deployment gates, not ongoing obligations.
(C)(1)–(4) 3 A licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.R.C. § 4743.21(A)(2) to do any of the following: (1) Make independent therapeutic decisions, including diagnosing a client; (2) Directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes all of the following: (a) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) Collaborating with clients to develop or modify therapeutic goals or treatment plans; (e) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.C. § 4743.21(A)(8); (3) Generate therapeutic recommendations or treatment plans without review and approval by the licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4); (4) Detect emotions or mental states.
Division (C) establishes categorical prohibitions on specific AI uses by licensed therapy professionals. These are absolute restrictions — they cannot be overcome by consent, oversight, or compliance programs. AI may not independently make therapeutic decisions (including diagnosis), directly interact with clients in therapeutic communication, generate treatment plans or recommendations without licensed-professional review and approval, or detect emotions or mental states. The breadth of the therapeutic communication definition in division (A)(8) means these prohibitions cover virtually all direct client-facing AI interactions in a clinical mental health context.
(D) 4 All records kept by a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.C. § 4743.21(A)(9) and a licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) shall be confidential and shall not be disclosed except as required by section 5119.28 of the Revised Code.
Division (D) imposes a blanket confidentiality obligation on all records kept by licensed therapy professionals and all communications between individuals seeking therapy and the professional. Disclosure is prohibited except as required by R.C. § 5119.28. This is a cross-reference to existing Ohio confidentiality law applied in the AI context — it ensures that AI-generated or AI-processed records carry the same confidentiality protections as traditional therapy records.
(E) A licensed therapy professionalLicensed therapy professional"Licensed therapy professional" means all of the following: (a) A psychologist, independent school psychologist, or school psychologist licensed under Chapter 4732. of the Revised Code; (b) 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; (c) An independent chemical dependency counselor licensed under Chapter 4758. of the Revised Code; (d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code; (e) A certified Ohio behavior analyst certified under Chapter 4783. of the Revised Code; (f) Any other professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(4) who violates this section may be fined by the appropriate therapy professional licensing boardTherapy professional licensing board"Therapy professional licensing board" means all of the following: (a) The state board of psychology; (b) The counselor, social worker, and marriage and family therapist board; (c) The chemical dependency professionals board; (d) The state medical board; (e) Any other professional licensing board in this state that licenses or certifies a professional authorized to provide therapy or psychotherapy services.R.C. § 4743.21(A)(10) an amount not to exceed ten thousand dollars per violation.
Division (E) establishes the enforcement mechanism: the applicable therapy professional licensing board may fine a licensed therapy professional up to $10,000 per violation for any breach of the section. Enforcement is board-initiated — no private right of action is created. The penalty is discretionary (the professional "may be fined"), giving boards flexibility in enforcement.