As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                               H.B. No. 448      5            

      1999-2000                                                    6            


       REPRESENTATIVES METZGER-FORD-HARRIS-TIBERI-O'BRIEN-         7            

         WINKLER-HARTNETT-OLMAN-JERSE-HOLLISTER-DEPIERO-           8            

                  TERWILLEGER-BRITTON-FLANNERY                     9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 117.13, 121.22, 149.43, 305.14,     13           

                2151.421, 2317.02, 4731.22, and 5101.141 and to    14           

                enact sections 117.191, 307.621, 307.622,          15           

                307.623, 307.624, 307.625, 307.626, 307.627,                    

                307.628, 307.629, 307.6210, 3701.045, 3705.071,    16           

                5101.145, 5101.146, 5101.147, 5153.171, 5153.172,  17           

                and 5153.173 of the Revised Code to revise the     18           

                law governing audits of public children services   19           

                agencies, private child placing agencies, and      20           

                private noncustodial agencies; to require the      21           

                establishment in each county or region of a board               

                for the purpose of reviewing deaths of children    22           

                under age eighteen; to permit a public children    23           

                services agency to employ legal counsel without    24           

                the consent of the court of common pleas; to                    

                require that procedures for fiscal accountability  25           

                of child welfare services be established and       26           

                followed; and to revise the law governing how                   

                reports of child abuse or neglect are maintained.  27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 117.13, 121.22, 149.43, 305.14,    31           

2151.421, 2317.02, 4731.22, and 5101.141 be amended and sections   32           

117.191, 307.621, 307.622, 307.623, 307.624, 307.625, 307.626,     33           

307.627, 307.628, 307.629, 307.6210, 3701.045, 3705.071,           34           

                                                          2      


                                                                 
5101.145, 5101.146, 5101.147, 5153.171, 5153.172, and 5153.173 of  35           

the Revised Code be enacted to read as follows:                    37           

      Sec. 117.13.  (A)  The costs of audits of state agencies     46           

shall be recovered by the auditor of state in the following        47           

manner:                                                            48           

      (1)  The costs of all audits of state agencies shall be      50           

paid to the auditor of state on statements rendered by him THE     51           

AUDITOR OF STATE. Money so received by the auditor of state shall  53           

be paid into the state treasury to the credit of the public audit  54           

expense fund--intrastate, which is hereby created, and shall be    55           

used to pay costs related to such audits.  The costs of all        56           

annual and special audits of a state agency shall be charged to    57           

the state agency being audited.  The costs of all biennial audits  58           

of a state agency shall be paid from money appropriated to the     59           

department of administrative services for that purpose.  The       60           

costs of any assistant auditor, employee, or expert employed       61           

pursuant to section 117.09 of the Revised Code called upon to      62           

testify in any legal proceedings in regard to any audit, or        63           

called upon to review or discuss any matter related to any audit,  64           

may be charged to the state agency to which the audit relates.     65           

      (2)  The auditor of state shall establish by rule rates to   67           

be charged to state agencies or to the department of               68           

administrative services for recovering the costs of audits of      69           

state agencies.                                                    70           

      (B)  Any (1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS  73           

SECTION, ANY costs of an audit of a private institution,           74           

association, board, or corporation receiving public money for its  75           

use shall be charged to the public office providing the public     76           

money in the same manner as costs of an audit of the public        77           

office;                                                            78           

      (2)  THE COSTS OF AN AUDIT OF A PRIVATE CHILD PLACING        80           

AGENCY OR PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FOR   81           

ITS USE SHALL BE CHARGED TO THE AGENCY BEING AUDITED IN THE SAME   82           

MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE.                    83           

                                                          3      


                                                                 
      (C)  The costs of audits of local public offices shall be    85           

recovered by the auditor of state in the following manner:         86           

      (1)  The total amount of compensation paid assistant         88           

auditors of state, their expenses, the cost of employees assigned  89           

to assist the assistant auditors of state, the cost of experts     90           

employed pursuant to section 117.09 of the Revised Code, and the   91           

cost of typing, reviewing, and copying reports shall be borne by   92           

the public office to which such assistant auditors of state are    93           

so assigned, except that annual vacation and sick leave of         94           

assistant auditors of state, employees, and typists shall be       95           

financed from the general revenue fund.  The necessary traveling   96           

and hotel expenses of the deputy inspectors and supervisors of     97           

public offices shall be paid from the state treasury.  Assistant   98           

auditors of state shall be compensated by the taxing district or   99           

other public office audited for activities undertaken pursuant to  100          

division (B) of section 117.18 and section 117.24 of the Revised   101          

Code.  The costs of any assistant auditor, employee, or expert     102          

employed pursuant to section 117.09 of the Revised Code called     103          

upon to testify in any legal proceedings in regard to any audit,   104          

or called upon to review or discuss any matter related to any      105          

audit, may be charged to the public office to which the audit      106          

relates.                                                           107          

      (2)  The auditor of state shall certify the amount of such   109          

compensation, expenses, cost of experts, reviewing, copying, and   110          

typing to the fiscal officer of the local public office audited.   111          

The fiscal officer of the local public office shall forthwith      112          

draw his A warrant upon the general fund or other appropriate      113          

funds of the local public office to the order of the auditor of    115          

state; provided, that the auditor of state is authorized to        116          

negotiate with any local public office and, upon agreement         117          

between the auditor of state and the local public office, may      118          

adopt a schedule for payment of the amount due under this          119          

section.  Money so received by the auditor of state shall be paid  120          

into the state treasury to the credit of the public audit expense  121          

                                                          4      


                                                                 
fund--local government, which is hereby created, and shall be      122          

used to pay the compensation, expense, cost of experts and         123          

employees, reviewing, copying, and typing of reports.              124          

      (3)  At the conclusion of each audit, or analysis and        126          

report made pursuant to section 117.24 of the Revised Code, the    127          

auditor of state shall furnish the fiscal officer of the local     128          

public office audited a statement showing the total cost of the    129          

audit, or of the audit and the analysis and report, and the        130          

percentage of the total cost chargeable to each fund audited. The  132          

fiscal officer may distribute such total cost to each fund                      

audited in accordance with its percentage of the total cost.       133          

      (4)  The auditor of state shall provide each local public    135          

office a statement or certification of the amount due from the     136          

public office for services performed by the auditor of state       137          

under this or any other section of the Revised Code, as well as    138          

the date upon which payment is due to the auditor of state.  Any   139          

local public office that does not pay the amount due to the        140          

auditor of state by that date may be assessed by the auditor of    141          

state for interest from the date upon which the payment is due at  142          

the rate per annum prescribed by section 5703.47 of the Revised    143          

Code.  All interest charges assessed by the auditor of state may   144          

be collected in the same manner as audit costs pursuant to         145          

division (D) of this section.                                      146          

      (D)  If the auditor of state fails to receive payment for    148          

any amount due from a public office for services performed under   149          

this or any other section of the Revised Code, he THE AUDITOR OF   150          

STATE may seek payment through the office of budget and            152          

management.  Upon certification by the auditor of state to the     153          

director of budget and management of any such amount due, the      154          

director shall withhold from the public office any amount          155          

available, up to and including the amount certified as due, from   156          

any funds under his THE DIRECTOR'S control that belong to or are   157          

lawfully payable or due to the public office.  The director shall  158          

promptly pay the amount withheld to the auditor of state.  If the  159          

                                                          5      


                                                                 
director determines that no funds due and payable to the public    160          

office are available or that insufficient amounts of such funds    161          

are available to cover the amount due, the director shall          162          

withhold and pay to the auditor of state the amounts available     163          

and, in the case of a local public office, certify the remaining   164          

amount to the county auditor of the county in which the local      165          

public office is located.  The county auditor shall withhold from  166          

the local public office any amount available, up to and including  167          

the amount certified as due, from any funds under his THE COUNTY   168          

AUDITOR'S control and belonging to or lawfully payable or due to   170          

the local public office.  The county auditor shall promptly pay    171          

any such amount withheld to the auditor of state.                  172          

      Sec. 117.191.  WHEN THE AUDITOR OF STATE AUDITS A PUBLIC     174          

CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR         175          

PRIVATE NONCUSTODIAL AGENCY, ALL OF THE FOLLOWING SHALL APPLY:     176          

      (A)  THE AUDITING TEAM SHALL INCLUDE A REPRESENTATIVE OF A   178          

NATIONAL NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE    180          

ISSUES;                                                                         

      (B)  THE AUDIT SHALL COVER A TWELVE-MONTH PERIOD AND SHALL   182          

INCLUDE ONLY TRANSACTIONS THAT WERE BOTH BILLED AND PAID;          183          

      (C)  THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER   185          

THAN CLINICAL DECISION MAKING;                                     186          

      (D)  THE AUDITOR OF STATE SHALL COMMUNICATE INITIALLY AND    188          

THROUGHOUT THE AUDIT WITH THE AGENCY BEING AUDITED REGARDING THE   190          

PARAMETERS OF THE AUDIT, THE PROCEDURES USED IN THE AUDIT, AND     191          

THE STATUS OF THE AUDIT;                                           192          

      (E)  THE AUDITOR OF STATE SHALL PROVIDE THE AGENCY WITH A    194          

COPY OF THE AUDIT REPORT AND GIVE THE AGENCY AN OPPORTUNITY TO     196          

RESPOND BEFORE RELEASING THE REPORT.                               197          

      Sec. 121.22.  (A)  This section shall be liberally           206          

construed to require public officials to take official action and  207          

to conduct all deliberations upon official business only in open   208          

meetings unless the subject matter is specifically excepted by     209          

law.                                                               210          

                                                          6      


                                                                 
      (B)  As used in this section:                                212          

      (1)  "Public body" means any of the following:               214          

      (a)  Any board, commission, committee, council, or similar   216          

decision-making body of a state agency, institution, or            217          

authority, and any legislative authority or board, commission,     218          

committee, council, agency, authority, or similar decision-making  220          

body of any county, township, municipal corporation, school        221          

district, or other political subdivision or local public           222          

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    224          

division (B)(1)(a) of this section;                                225          

      (c)  A court of jurisdiction of a sanitary district          227          

organized wholly for the purpose of providing a water supply for   228          

domestic, municipal, and public use when meeting for the purpose   230          

of the appointment, removal, or reappointment of a member of the   231          

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        232          

related to such a district other than litigation involving the     233          

district.  As used in division (B)(1)(c) of this section, "court   234          

of jurisdiction" has the same meaning as "court" in section        235          

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       237          

public business of the public body by a majority of its members.   238          

      (3)  "Regulated individual" means either of the following:   240          

      (a)  A student in a state or local public educational        242          

institution;                                                       243          

      (b)  A person who is, voluntarily or involuntarily, an       245          

inmate, patient, or resident of a state or local institution       246          

because of criminal behavior, mental illness or retardation,       247          

disease, disability, age, or other condition requiring custodial   248          

care.                                                              249          

      (C)  All meetings of any public body are declared to be      251          

public meetings open to the public at all times.  A member of a    252          

public body shall be present in person at a meeting open to the    254          

                                                          7      


                                                                 
public to be considered present or to vote at the meeting and for  255          

purposes of determining whether a quorum is present at the         256          

meeting.                                                           257          

      The minutes of a regular or special meeting of any public    260          

body shall be promptly prepared, filed, and maintained and shall   261          

be open to public inspection.  The minutes need only reflect the   262          

general subject matter of discussions in executive sessions        263          

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a ANY OF THE FOLLOWING:  265          

      (1)  A grand jury, to an;                                    267          

      (2)  AN audit conference conducted by the auditor of state   270          

or independent certified public accountants with officials of the  271          

public office that is the subject of the audit, to the;            272          

      (3)  THE adult parole authority when its hearings are        275          

conducted at a correctional institution for the sole purpose of    276          

interviewing inmates to determine parole or pardon, to the;        277          

      (4)  THE organized crime investigations commission           279          

established under section 177.01 of the Revised Code, to the;      280          

      (5)  MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED   282          

UNDER SECTION 307.622 OF THE REVISED CODE AND MEETINGS CONDUCTED   283          

PURSUANT TO SECTIONS 5153.171 TO 5153.173 OF THE REVISED CODE;     284          

      (6)  THE state medical board when determining whether to     287          

suspend a certificate without a prior hearing pursuant to          288          

division (G) of either section 4730.25 or 4731.22 of the Revised   290          

Code, to the;                                                      291          

      (7)  THE board of nursing when determining whether to        294          

suspend a license without a prior hearing pursuant to division     295          

(B) of section 4723.181 of the Revised Code, or to the;            296          

      (8)  THE executive committee of the emergency response       298          

commission when determining whether to issue an enforcement order  299          

or request that a civil action, civil penalty action, or criminal  300          

action be brought to enforce Chapter 3750. of the Revised Code.    301          

      (E)  The controlling board, the development financing        303          

advisory council, the industrial technology and enterprise         304          

                                                          8      


                                                                 
advisory council, the tax credit authority, or the minority        306          

development financing advisory board, when meeting to consider     307          

granting assistance pursuant to Chapter 122. or 166. of the        308          

Revised Code, in order to protect the interest of the applicant    309          

or the possible investment of public funds, by unanimous vote of   310          

all board, council, or authority members present, may close the    312          

meeting during consideration of the following information          314          

confidentially received by the authority, council, or board from   315          

the applicant:                                                     317          

      (1)  Marketing plans;                                        319          

      (2)  Specific business strategy;                             321          

      (3)  Production techniques and trade secrets;                323          

      (4)  Financial projections;                                  325          

      (5)  Personal financial statements of the applicant or       327          

members of the applicant's immediate family, including, but not    328          

limited to, tax records or other similar information not open to   330          

public inspection.                                                 331          

      The vote by the authority, council, or board to accept or    335          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   338          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           340          

reasonable method whereby any person may determine the time and    341          

place of all regularly scheduled meetings and the time, place,     342          

and purpose of all special meetings.  A public body shall not      343          

hold a special meeting unless it gives at least twenty-four        344          

hours' advance notice to the news media that have requested        345          

notification, except in the event of an emergency requiring        346          

immediate official action.  In the event of an emergency, the      347          

member or members calling the meeting shall notify the news media  348          

that have requested notification immediately of the time, place,   349          

and purpose of the meeting.                                        350          

      The rule shall provide that any person, upon request and     353          

payment of a reasonable fee, may obtain reasonable advance                      

                                                          9      


                                                                 
notification of all meetings at which any specific type of public  354          

business is to be discussed.  Provisions for advance notification  355          

may include, but are not limited to, mailing the agenda of         356          

meetings to all subscribers on a mailing list or mailing notices   357          

in self-addressed, stamped envelopes provided by the person.       358          

      (G)  Except as provided in division (J) of this section,     361          

the members of a public body may hold an executive session only    362          

after a majority of a quorum of the public body determines, by a   363          

roll call vote, to hold an executive session and only at a         365          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     366          

      (1)  To consider the appointment, employment, dismissal,     368          

discipline, promotion, demotion, or compensation of a public       369          

employee or official, or the investigation of charges or           370          

complaints against a public employee, official, licensee, or       371          

regulated individual, unless the public employee, official,        372          

licensee, or regulated individual requests a public hearing.       373          

Except as otherwise provided by law, no public body shall hold an  374          

executive session for the discipline of an elected official for    375          

conduct related to the performance of the elected official's       376          

official duties or for the elected official's removal from         378          

office.  If a public body holds an executive session pursuant to   380          

division (G)(1) of this section, the motion and vote to hold that  381          

executive session shall state which one or more of the approved    382          

purposes listed in division (G)(1) of this section are the         383          

purposes for which the executive session is to be held, but need   384          

not include the name of any person to be considered at the         385          

meeting.                                                                        

      (2)  To consider the purchase of property for public         387          

purposes, or for the sale of property at competitive bidding, if   388          

premature disclosure of information would give an unfair           389          

competitive or bargaining advantage to a person whose personal,    390          

private interest is adverse to the general public interest.  No    391          

member of a public body shall use division (G)(2) of this section  393          

                                                          10     


                                                                 
as a subterfuge for providing covert information to prospective    395          

buyers or sellers.  A purchase or sale of public property is void  396          

if the seller or buyer of the public property has received covert  397          

information from a member of a public body that has not been       398          

disclosed to the general public in sufficient time for other       399          

prospective buyers and sellers to prepare and submit offers.       400          

      If the minutes of the public body show that all meetings     402          

and deliberations of the public body have been conducted in        403          

compliance with this section, any instrument executed by the       404          

public body purporting to convey, lease, or otherwise dispose of   405          

any right, title, or interest in any public property shall be      406          

conclusively presumed to have been executed in compliance with     407          

this section insofar as title or other interest of any bona fide   408          

purchasers, lessees, or transferees of the property is concerned.  409          

      (3)  Conferences with an attorney for the public body        411          

concerning disputes involving the public body that are the         412          

subject of pending or imminent court action;                       413          

      (4)  Preparing for, conducting, or reviewing negotiations    415          

or bargaining sessions with public employees concerning their      416          

compensation or other terms and conditions of their employment;    417          

      (5)  Matters required to be kept confidential by federal     419          

law or regulations or state statutes;                              420          

      (6)  Specialized details of security arrangements if         422          

disclosure of the matters discussed might reveal information that  423          

could be used for the purpose of committing, or avoiding           424          

prosecution for, a violation of the law;                           425          

      (7)  In the case of a county hospital operated pursuant to   427          

Chapter 339. of the Revised Code, to consider trade secrets, as    429          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  431          

of the matters listed in divisions (G)(2) to (7) of this section,  433          

the motion and vote to hold that executive session shall state     434          

which one or more of the approved matters listed in those          435          

divisions are to be considered at the executive session.           436          

                                                          11     


                                                                 
      A public body specified in division (B)(1)(c) of this        439          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               440          

      (H)  A resolution, rule, or formal action of any kind is     442          

invalid unless adopted in an open meeting of the public body.  A   443          

resolution, rule, or formal action adopted in an open meeting      444          

that results from deliberations in a meeting not open to the       445          

public is invalid unless the deliberations were for a purpose      446          

specifically authorized in division (G) or (J) of this section     447          

and conducted at an executive session held in compliance with      448          

this section.  A resolution, rule, or formal action adopted in an  449          

open meeting is invalid if the public body that adopted the        450          

resolution, rule, or formal action violated division (F) of this   451          

section.                                                           452          

      (I)(1)  Any person may bring an action to enforce this       454          

section.  An action under division (I)(1) of this section shall    456          

be brought within two years after the date of the alleged          457          

violation or threatened violation.  Upon proof of a violation or   458          

threatened violation of this section in an action brought by any   459          

person, the court of common pleas shall issue an injunction to     460          

compel the members of the public body to comply with its           461          

provisions.                                                        462          

      (2)(a)  If the court of common pleas issues an injunction    464          

pursuant to division (I)(1) of this section, the court shall       465          

order the public body that it enjoins to pay a civil forfeiture    466          

of five hundred dollars to the party that sought the injunction    467          

and shall award to that party all court costs and, subject to      468          

reduction as described in division (I)(2) of this section,         470          

reasonable attorney's fees.  The court, in its discretion, may     471          

reduce an award of attorney's fees to the party that sought the    472          

injunction or not award attorney's fees to that party if the       473          

court determines both of the following:                            474          

      (i)  That, based on the ordinary application of statutory    476          

law and case law as it existed at the time of violation or         477          

                                                          12     


                                                                 
threatened violation that was the basis of the injunction, a       478          

well-informed public body reasonably would believe that the        479          

public body was not violating or threatening to violate this       480          

section;                                                           481          

      (ii)  That a well-informed public body reasonably would      483          

believe that the conduct or threatened conduct that was the basis  484          

of the injunction would serve the public policy that underlies     485          

the authority that is asserted as permitting that conduct or       486          

threatened conduct.                                                487          

      (b)  If the court of common pleas does not issue an          489          

injunction pursuant to division (I)(1) of this section and the     490          

court determines at that time that the bringing of the action was  491          

frivolous conduct, as defined in division (A) of section 2323.51   492          

of the Revised Code, the court shall award to the public body all  493          

court costs and reasonable attorney's fees, as determined by the   494          

court.                                                             495          

      (3)  Irreparable harm and prejudice to the party that        497          

sought the injunction shall be conclusively and irrebuttably       498          

presumed upon proof of a violation or threatened violation of      499          

this section.                                                      500          

      (4)  A member of a public body who knowingly violates an     502          

injunction issued pursuant to division (I)(1) of this section may  503          

be removed from office by an action brought in the court of        504          

common pleas for that purpose by the prosecuting attorney or the   505          

attorney general.                                                  506          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   508          

Revised Code, a veterans service commission shall hold an          509          

executive session for one or more of the following purposes        510          

unless an applicant requests a public hearing:                     511          

      (a)  Interviewing an applicant for financial assistance      513          

under sections 5901.01 to 5901.15 of the Revised Code;             514          

      (b)  Discussing applications, statements, and other          516          

documents described in division (B) of section 5901.09 of the      517          

Revised Code;                                                      518          

                                                          13     


                                                                 
      (c)  Reviewing matters relating to an applicant's request    520          

for financial assistance under sections 5901.01 to 5901.15 of the  521          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      523          

applicant for, recipient of, or former recipient of financial      524          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  525          

and shall not exclude representatives selected by the applicant,   527          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   528          

applicant's, recipient's, or former recipient's application for    529          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   531          

or denial of financial assistance under sections 5901.01 to        532          

5901.15 of the Revised Code only in an open meeting of the         534          

commission.  The minutes of the meeting shall indicate the name,   535          

address, and occupation of the applicant, whether the assistance   536          

was granted or denied, the amount of the assistance if assistance  537          

is granted, and the votes for and against the granting of          538          

assistance.                                                                     

      Sec. 149.43.  (A)  As used in this section:                  547          

      (1)  "Public record" means any record that is kept by any    549          

public office, including, but not limited to, state, county,       550          

city, village, township, and school district units, except that    552          

"public record" does not mean any of the following:                             

      (a)  Medical records;                                        554          

      (b)  Records pertaining to probation and parole              556          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85     558          

and division (C) of section 2919.121 of the Revised Code and to    560          

appeals of actions arising under those sections;                   561          

      (d)  Records pertaining to adoption proceedings, including   563          

the contents of an adoption file maintained by the department of   564          

health under section 3705.12 of the Revised Code;                  565          

      (e)  Information in a record contained in the putative       567          

                                                          14     


                                                                 
father registry established by section 3107.062 of the Revised     568          

Code, regardless of whether the information is held by the         569          

department of human services or, pursuant to section 5101.313 of   570          

the Revised Code, the division of child support in the department  571          

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    573          

the Revised Code or specified in division (A) of section 3107.52   574          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              576          

      (h)  Confidential law enforcement investigatory records;     578          

      (i)  Records containing information that is confidential     580          

under section 2317.023 or 4112.05 of the Revised Code;             581          

      (j)  DNA records stored in the DNA database pursuant to      584          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            586          

rehabilitation and correction to the department of youth services  588          

or a court of record pursuant to division (E) of section 5120.21   589          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  591          

pertaining to children in its custody released by the department   592          

of youth services to the department of rehabilitation and          593          

correction pursuant to section 5139.05 of the Revised Code;        594          

      (m)  Intellectual property records;                          596          

      (n)  Donor profile records;                                  598          

      (o)  Records maintained by the department of human services  600          

pursuant to section 5101.312 of the Revised Code;                  601          

      (p)  In the case of a county hospital operated pursuant to   604          

Chapter 339. of the Revised Code, information that constitutes a   606          

trade secret, as defined in section 1333.61 of the Revised Code;   607          

      (q)  RECORDS PROVIDED TO, STATEMENTS MADE BY REVIEW BOARD    609          

MEMBERS DURING MEETINGS OF, AND ALL WORK PRODUCTS OF A CHILD       610          

FATALITY REVIEW BOARD ACTING UNDER SECTIONS 307.621 TO 307.6210    611          

OF THE REVISED CODE, OTHER THAN THE REPORT PREPARED PURSUANT TO    612          

SECTION 307.627 OF THE REVISED CODE;                               613          

                                                          15     


                                                                 
      (r)  RECORDS PROVIDED TO AND STATEMENTS MADE BY THE          615          

EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR A       616          

PROSECUTING ATTORNEY ACTING PURSUANT TO SECTION 5153.171 OF THE    618          

REVISED CODE OTHER THAN THE INFORMATION RELEASED UNDER THAT        620          

SECTION;                                                                        

      (s)  Records the release of which is prohibited by state or  622          

federal law.                                                       623          

      (2)  "Confidential law enforcement investigatory record"     625          

means any record that pertains to a law enforcement matter of a    626          

criminal, quasi-criminal, civil, or administrative nature, but     627          

only to the extent that the release of the record would create a   628          

high probability of disclosure of any of the following:            629          

      (a)  The identity of a suspect who has not been charged      631          

with the offense to which the record pertains, or of an            632          

information source or witness to whom confidentiality has been     633          

reasonably promised;                                               634          

      (b)  Information provided by an information source or        636          

witness to whom confidentiality has been reasonably promised,      637          

which information would reasonably tend to disclose the source's   638          

or witness's identity;                                             639          

      (c)  Specific confidential investigatory techniques or       641          

procedures or specific investigatory work product;                 642          

      (d)  Information that would endanger the life or physical    644          

safety of law enforcement personnel, a crime victim, a witness,    645          

or a confidential information source.                              646          

      (3)  "Medical record" means any document or combination of   648          

documents, except births, deaths, and the fact of admission to or  649          

discharge from a hospital, that pertains to the medical history,   650          

diagnosis, prognosis, or medical condition of a patient and that   651          

is generated and maintained in the process of medical treatment.   652          

      (4)  "Trial preparation record" means any record that        654          

contains information that is specifically compiled in reasonable   655          

anticipation of, or in defense of, a civil or criminal action or   656          

proceeding, including the independent thought processes and        657          

                                                          16     


                                                                 
personal trial preparation of an attorney.                         658          

      (5)  "Intellectual property record" means a record, other    661          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     662          

higher learning in the conduct of or as a result of study or       663          

research on an educational, commercial, scientific, artistic,      664          

technical, or scholarly issue, regardless of whether the study or  665          

research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      667          

been publicly released, published, or patented.                    668          

      (6)  "Donor profile record" means all records about donors   670          

or potential donors to a public institution of higher education    671          

except the names and reported addresses of the actual donors and   672          

the date, amount, and conditions of the actual donation.           673          

      (B)  All public records shall be promptly prepared and made  675          

available for inspection to any person at all reasonable times     676          

during regular business hours.  Upon request, a person             677          

responsible for public records shall make copies available at      678          

cost, within a reasonable period of time.  In order to facilitate  679          

broader access to public records, governmental units shall         680          

maintain public records in a manner that they can be made          681          

available for inspection in accordance with this division.         682          

      (C)  If a person allegedly is aggrieved by the failure of a  684          

governmental unit to promptly prepare a public record and to make  685          

it available to the person for inspection in accordance with       686          

division (B) of this section, or if a person who has requested a   688          

copy of a public record allegedly is aggrieved by the failure of   689          

a person responsible for the public record to make a copy          690          

available to the person allegedly aggrieved in accordance with     692          

division (B) of this section, the person allegedly aggrieved may   693          

commence a mandamus action to obtain a judgment that orders the    694          

governmental unit or the person responsible for the public record  695          

to comply with division (B) of this section and that awards        696          

reasonable attorney's fees to the person that instituted the       697          

                                                          17     


                                                                 
mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  698          

section allegedly was not complied with, in the supreme court      699          

pursuant to its original jurisdiction under Section 2 of Article   700          

IV, Ohio Constitution, or in the court of appeals for the          701          

appellate district in which division (B) of this section           702          

allegedly was not complied with pursuant to its original           703          

jurisdiction under Section 3 of Article IV, Ohio Constitution.     704          

      (D)  Chapter 1347. of the Revised Code does not limit the    706          

provisions of this section.                                        707          

      (E)(1)  The bureau of motor vehicles may adopt rules         709          

pursuant to Chapter 119. of the Revised Code to reasonably limit   711          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      712          

calendar year.  The rules may include provisions for charges to    713          

be made for bulk commercial special extraction requests for the    715          

actual cost of the bureau, plus special extraction costs, plus     716          

ten per cent.  The bureau may charge for expenses for redacting    717          

information, the release of which is prohibited by law.            718          

      (2)  As used in division (E)(1) of this section:             720          

      (a)  "Actual cost" means the cost of depleted supplies,      722          

records storage media costs, actual mailing and alternative        723          

delivery costs, or other transmitting costs, and any direct        724          

equipment operating and maintenance costs, including actual costs  725          

paid to private contractors for copying services.                  726          

      (b)  "Bulk commercial special extraction request" means a    728          

request for copies of a record for information in a format other   729          

than the format already available, or information that cannot be   730          

extracted without examination of all items in a records series,    731          

class of records, or data base by a person who intends to use or   732          

forward the copies for surveys, marketing, solicitation, or        733          

resale for commercial purposes.  "Bulk commercial special          734          

extraction request" does not include a request by a person who     735          

gives assurance to the bureau that the person making the request   736          

                                                          18     


                                                                 
does not intend to use or forward the requested copies for         737          

surveys, marketing, solicitation, or resale for commercial         738          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   740          

or selling of any good, service, or other product.                 741          

      (d)  "Special extraction costs" means the cost of the time   743          

spent by the lowest paid employee competent to perform the task,   744          

the actual amount paid to outside private contractors employed by  745          

the bureau, or the actual cost incurred to create computer         746          

programs to make the special extraction.  "Special extraction      747          

costs" include any charges paid to a public agency for computer                 

or records services.                                               748          

      (3)  For purposes of divisions (E)(1) and (2) of this        751          

section, "commercial surveys, marketing, solicitation, or resale"  752          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       754          

citizen oversight or understanding of the operation or activities  755          

of government, or nonprofit educational research.                  756          

      Sec. 305.14.  (A)  The court of common pleas, upon the       765          

application of the prosecuting attorney and the board of county    766          

commissioners, may authorize the board to employ legal counsel to  767          

assist the prosecuting attorney, the board, or any other county    768          

officer in any matter of public business coming before such board  769          

or officer, and in the prosecution or defense of any action or     770          

proceeding in which such board or officer is a party or has an     771          

interest, in its official capacity.                                772          

      (B)  The board of county commissioners may also employ       774          

legal counsel, as provided in section 309.09 of the Revised Code,  775          

to represent it in any matter of public business coming before     776          

such board, and in the prosecution or defense of any action or     777          

proceeding in which such board is a party or has an interest, in   778          

its official capacity.                                             779          

      (C)  Notwithstanding division (A) of this section, a county  781          

board of mental retardation and developmental disabilities OR A    782          

                                                          19     


                                                                 
PUBLIC CHILDREN SERVICES AGENCY may, without the authorization of  784          

the court of common pleas, employ legal counsel to advise it or    785          

to represent it or any of its members or employees in any matter   786          

of public business coming before the board OR AGENCY or in the     787          

prosecution or defense of any action or proceeding in which the    789          

board OR AGENCY in its official capacity, or a board OR AGENCY     791          

member or employee in his THE MEMBER'S OR EMPLOYEE'S official      793          

capacity, is a party or has an interest, except that in any legal  794          

proceeding in which the prosecuting attorney is fully able to      795          

perform his THE PROSECUTING ATTORNEY'S statutory duty to           797          

represent the board OR AGENCY without conflict of interest, the                 

board OR AGENCY shall employ other counsel only with the written   799          

consent of the prosecuting attorney.  In any legal proceeding in   801          

which the prosecuting attorney is unable, for any reason, to       802          

represent the board OR AGENCY, he THE PROSECUTING ATTORNEY shall   803          

so notify the board OR AGENCY, and the board OR AGENCY may then    805          

employ counsel for the proceeding without further permission from  806          

any authority.                                                     807          

      Sec. 307.621.  AS USED IN SECTIONS 307.621 TO 307.6210 OF    810          

THE REVISED CODE, "IMMEDIATE FAMILY" MEANS BIOLOGICAL SIBLINGS OF  812          

A CHILD, BIOLOGICAL SIBLINGS WHO SHARE ONLY ONE BIOLOGICAL PARENT  813          

WITH THE CHILD, SIBLINGS BY ADOPTION, A BIOLOGICAL PARENT, OR A    814          

PARENT BY ADOPTION.                                                             

      Sec. 307.622.  A BOARD OF COUNTY COMMISSIONERS SHALL         816          

APPOINT A HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR  818          

GENERAL HEALTH DISTRICT THAT IS ENTIRELY OR PARTIALLY LOCATED IN   819          

THE COUNTY IN WHICH THE BOARD OF COUNTY COMMISSIONERS IS LOCATED   820          

TO ESTABLISH A CHILD FATALITY REVIEW BOARD TO REVIEW THE DEATHS    821          

OF CHILDREN UNDER EIGHTEEN YEARS OF AGE.  THE BOARDS OF COUNTY                  

COMMISSIONERS OF TWO OR MORE COUNTIES MAY, BY ADOPTING A JOINT     823          

RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF EACH             824          

PARTICIPATING BOARD OF COUNTY COMMISSIONERS, CREATE A REGIONAL     825          

CHILD FATALITY REVIEW BOARD TO SERVE ALL PARTICIPATING COUNTIES.   826          

THE JOINT RESOLUTION SHALL APPOINT, FOR EACH COUNTY PARTICIPATING               

                                                          20     


                                                                 
AS PART OF THE REGIONAL REVIEW BOARD, ONE HEALTH COMMISSIONER      828          

FROM A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT        829          

LOCATED AT LEAST IN PART IN EACH COUNTY.  THE HEALTH                            

COMMISSIONERS APPOINTED SHALL SELECT ONE OF THEIR NUMBER AS THE    830          

HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD.  THE   831          

REGIONAL REVIEW BOARD SHALL BE ESTABLISHED IN THE SAME MANNER AS   832          

PROVIDED FOR SINGLE COUNTY REVIEW BOARDS.                          833          

      IN ANY COUNTY THAT HAS A BODY ACTING AS A CHILD FATALITY     835          

REVIEW BOARD ON THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF   836          

COUNTY COMMISSIONERS OF THAT COUNTY, IN LIEU OF HAVING A HEALTH    837          

COMMISSIONER ESTABLISH A CHILD FATALITY REVIEW BOARD, SHALL        838          

APPOINT THAT BODY TO FUNCTION AS THE CHILD FATALITY REVIEW BOARD   839          

FOR THE COUNTY.  THE BODY SHALL HAVE THE SAME DUTIES,              840          

OBLIGATIONS, AND PROTECTIONS AS A CHILD FATALITY REVIEW BOARD      841          

APPOINTED BY A HEALTH COMMISSIONER.  THE BOARD OF COUNTY           842          

COMMISSIONERS OR AN INDIVIDUAL DESIGNATED BY THE BOARD SHALL       843          

CONVENE THE BODY AS REQUIRED BY SECTION 307.625 OF THE REVISED     844          

CODE.                                                                           

      Sec. 307.623.  (A)  THE HEALTH COMMISSIONER OF THE BOARD OF  846          

HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED     847          

UNDER SECTION 307.622 OF THE REVISED CODE TO ESTABLISH THE CHILD   848          

FATALITY REVIEW BOARD SHALL SELECT SIX MEMBERS TO SERVE ON THE     849          

CHILD FATALITY REVIEW BOARD ALONG WITH THE COMMISSIONER.  THE      851          

REVIEW BOARD SHALL CONSIST OF THE FOLLOWING:                                    

      (1)  A COUNTY CORONER OR DESIGNEE;                           853          

      (2)  THE CHIEF OF POLICE OF A POLICE DEPARTMENT OR THE       856          

SHERIFF THAT SERVES THE GREATEST POPULATION IN THE COUNTY OR                    

REGION OR A DESIGNEE OF THE CHIEF OR SHERIFF;                      857          

      (3)  THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES    859          

AGENCY OR DESIGNEE;                                                860          

      (4)  A PUBLIC HEALTH OFFICIAL OR DESIGNEE;                   862          

      (5)  THE EXECUTIVE DIRECTOR OF A BOARD OF ALCOHOL, DRUG      864          

ADDICTION, AND MENTAL HEALTH SERVICE OR DESIGNEE;                  865          

      (6)  A PHYSICIAN WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO  867          

                                                          21     


                                                                 
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF      869          

MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY,          870          

SPECIALIZES IN PEDIATRIC OR FAMILY MEDICINE, AND CURRENTLY         871          

PRACTICES PEDIATRIC OR FAMILY MEDICINE.                                         

      (B)  THE MAJORITY OF THE MEMBERS OF A REVIEW BOARD MAY       873          

INVITE ADDITIONAL MEMBERS TO SERVE ON THE BOARD.  THE ADDITIONAL   874          

MEMBERS INVITED UNDER THIS DIVISION SHALL SERVE FOR A PERIOD OF    876          

TIME DETERMINED BY A MAJORITY OF THE MEMBERS DESCRIBED IN          877          

DIVISION (A) OF THIS SECTION.  AN ADDITIONAL MEMBER SHALL HAVE     878          

THE SAME AUTHORITY, DUTIES, AND RESPONSIBILITIES AS MEMBERS                     

DESCRIBED IN DIVISION (A) OF THIS SECTION.                         879          

      (C)  A VACANCY IN A CHILD FATALITY REVIEW BOARD SHALL BE     881          

FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.             883          

      Sec. 307.624.  THE PURPOSE OF THE CHILD FATALITY REVIEW      885          

BOARD IS TO DECREASE THE INCIDENCE OF PREVENTABLE CHILD DEATHS BY  886          

DOING ALL OF THE FOLLOWING:                                        887          

      (A)  PROMOTING COOPERATION, COLLABORATION, AND               889          

COMMUNICATION BETWEEN ALL GROUPS, PROFESSIONS, AGENCIES, OR        891          

ENTITIES THAT SERVE FAMILIES AND CHILDREN;                                      

      (B)  MAINTAINING A COMPREHENSIVE DATABASE OF ALL CHILD       893          

DEATHS THAT OCCUR IN THE COUNTY OR REGION SERVED BY THE CHILD      896          

FATALITY REVIEW BOARD IN ORDER TO DEVELOP AN UNDERSTANDING OF THE  898          

CAUSES AND INCIDENCE OF THOSE DEATHS;                                           

      (C)  RECOMMENDING AND DEVELOPING PLANS FOR IMPLEMENTING      900          

LOCAL SERVICE AND PROGRAM CHANGES AND CHANGES TO THE GROUPS,       902          

PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND         903          

CHILDREN THAT MIGHT PREVENT CHILD DEATHS;                                       

      (D)  ADVISING THE DEPARTMENT OF HEALTH OF AGGREGATE DATA,    905          

TRENDS, AND PATTERNS CONCERNING CHILD DEATHS.                      906          

      Sec. 307.625.  THE BOARD OF COUNTY COMMISSIONERS, OR IF A    908          

REGIONAL CHILD FATALITY REVIEW BOARD IS ESTABLISHED, THE GROUP OF  909          

HEALTH COMMISSIONERS APPOINTED TO SELECT THE HEALTH COMMISSIONER   911          

TO ESTABLISH THE REGIONAL REVIEW BOARD, SHALL DESIGNATE EITHER     912          

THE HEALTH COMMISSIONER THAT ESTABLISHES THE REVIEW BOARD OR A     913          

                                                          22     


                                                                 
REPRESENTATIVE OF THE HEALTH COMMISSIONER TO CONVENE MEETINGS AND  914          

BE THE CHAIRPERSON OF THE REVIEW BOARD.  IF A REGIONAL REVIEW      915          

BOARD INCLUDES A COUNTY WITH MORE THAN ONE HEALTH DISTRICT, THE    916          

REGIONAL REVIEW BOARD MEETING SHALL BE CONVENED IN THAT COUNTY.    917          

IF MORE THAN ONE OF THE COUNTIES PARTICIPATING ON THE REGIONAL                  

REVIEW BOARD HAS MORE THAN ONE HEALTH DISTRICT, THE PERSON         918          

CONVENING THE MEETING SHALL SELECT ONE OF THE COUNTIES WITH MORE   919          

THAN ONE HEALTH DISTRICT AS THE COUNTY IN WHICH TO CONVENE THE     920          

MEETING.  THE PERSON DESIGNATED TO CONVENE THE REVIEW BOARD SHALL  922          

CONVENE IT AT LEAST ONCE A YEAR TO REVIEW, IN ACCORDANCE WITH      923          

THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT OF HEALTH     924          

UNDER SECTION 3701.045 OF THE REVISED CODE, THE DEATHS OF ALL      925          

CHILDREN UNDER EIGHTEEN YEARS OF AGE WHO, AT THE TIME OF DEATH,    926          

WERE RESIDENTS OF THE COUNTY OR, IF A REGIONAL REVIEW BOARD, ONE   927          

OF THE PARTICIPATING COUNTIES.                                                  

      Sec. 307.626.  A CHILD FATALITY REVIEW BOARD MAY NOT         929          

CONDUCT A REVIEW OF THE DEATH OF A CHILD DESCRIBED IN SECTION      931          

307.625 OF THE REVISED CODE WHILE AN INVESTIGATION OF THE DEATH    932          

OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING                     

UNLESS THE PROSECUTING ATTORNEY AGREES TO ALLOW THE REVIEW.  THE   933          

LAW ENFORCEMENT AGENCY CONDUCTING THE CRIMINAL INVESTIGATION, ON   934          

THE CONCLUSION OF THE INVESTIGATION, AND THE PROSECUTING ATTORNEY  936          

PROSECUTING THE CASE, ON THE CONCLUSION OF THE PROSECUTION, SHALL  937          

NOTIFY THE CHAIRPERSON OF THE REVIEW BOARD OF THE CONCLUSION.      938          

      Sec. 307.627.  (A)  BY THE FIRST DAY OF APRIL OF EACH YEAR,  941          

THE PERSON CONVENING THE CHILD FATALITY REVIEW BOARD SHALL                      

PREPARE AND SUBMIT TO THE OHIO DEPARTMENT OF HEALTH A REPORT THAT  944          

INCLUDES ALL OF THE FOLLOWING INFORMATION WITH RESPECT TO EACH     945          

CHILD DEATH THAT WAS REVIEWED BY THE REVIEW BOARD IN THE PREVIOUS  946          

CALENDAR YEAR:                                                                  

      (1)  THE CAUSE OF DEATH;                                     948          

      (2)  FACTORS CONTRIBUTING TO DEATH;                          950          

      (3)  AGE;                                                    952          

      (4)  SEX;                                                    954          

                                                          23     


                                                                 
      (5)  RACE;                                                   956          

      (6)  THE GEOGRAPHIC LOCATION OF DEATH;                       958          

      (7)  THE YEAR OF DEATH.                                      960          

      THE REPORT SHALL SPECIFY THE NUMBER OF CHILD DEATHS THAT     962          

HAVE NOT BEEN REVIEWED SINCE THE EFFECTIVE DATE OF THIS SECTION.   963          

      THE REPORT MAY INCLUDE RECOMMENDATIONS FOR ACTIONS THAT      965          

MIGHT PREVENT OTHER DEATHS, AS WELL AS ANY OTHER INFORMATION THE   966          

REVIEW BOARD DETERMINES SHOULD BE INCLUDED.                        967          

      (B)  REPORTS PREPARED UNDER THIS SECTION SHALL BE            970          

CONSIDERED PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED      971          

CODE.                                                                           

      Sec. 307.628.  (A)  NOTWITHSTANDING SECTION 3701.243 AND     974          

ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO                975          

CONFIDENTIALITY, ANY INDIVIDUAL; PUBLIC CHILDREN SERVICES AGENCY,  976          

PRIVATE CHILD PLACING AGENCY, OR AGENCY THAT PROVIDES SERVICES     977          

SPECIFICALLY TO INDIVIDUALS OR FAMILIES; LAW ENFORCEMENT AGENCY;   978          

OR OTHER PUBLIC OR PRIVATE ENTITY THAT PROVIDED SERVICES TO A      979          

CHILD WHOSE DEATH IS BEING REVIEWED BY A CHILD FATALITY REVIEW                  

BOARD SHALL, ON THE REQUEST OF THE REVIEW BOARD, MAKE ANY          981          

REQUESTED INFORMATION AVAILABLE TO THE REVIEW BOARD.  FOR          982          

PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE ACCESS TO      983          

CONFIDENTIAL INFORMATION, AND EACH MEMBER OF THE REVIEW BOARD                   

SHALL PRESERVE THE CONFIDENTIALITY OF THAT INFORMATION.            984          

      (B)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, NO        987          

PERSON, ENTITY, LAW ENFORCEMENT AGENCY, OR PROSECUTING ATTORNEY    988          

IS REQUIRED TO PROVIDE ANY INFORMATION REGARDING THE DEATH OF A    989          

CHILD TO A CHILD FATALITY REVIEW BOARD WHILE AN INVESTIGATION OF   990          

THE DEATH OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS      991          

PENDING UNLESS THE PROSECUTING ATTORNEY HAS AGREED PURSUANT TO     992          

SECTION 307.626 OF THE REVISED CODE TO ALLOW REVIEW OF THE DEATH.  994          

      Sec. 307.629.  (A)  AN INDIVIDUAL OR PUBLIC OR PRIVATE       996          

ENTITY PROVIDING INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD     997          

FATALITY REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR       998          

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT OTHERWISE MIGHT  999          

                                                          24     


                                                                 
BE INCURRED OR IMPOSED AS A RESULT OF PROVIDING THE INFORMATION,   1,000        

DOCUMENTS, OR REPORTS TO THE REVIEW BOARD.                         1,001        

      (B)  EACH MEMBER OF A REVIEW BOARD IS IMMUNE FROM ANY CIVIL  1,003        

LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT    1,005        

MIGHT OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THE          1,006        

MEMBER'S PARTICIPATION ON THE REVIEW BOARD.                                     

      Sec. 307.6210.  (A)(1)  EXCEPT AS PROVIDED IN SECTIONS       1,008        

5153.171 TO 5153.173 OF THE REVISED CODE, ANY INFORMATION,         1,009        

DOCUMENT, OR REPORT PRESENTED TO A CHILD FATALITY REVIEW BOARD,    1,011        

ALL STATEMENTS MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF     1,013        

THE REVIEW BOARD, AND ALL WORK PRODUCTS OF THE REVIEW BOARD,       1,014        

OTHER THAN THE REPORT PREPARED PURSUANT TO SECTION 307.627 OF THE  1,016        

REVISED CODE, ARE CONFIDENTIAL AND SHALL BE USED BY THE REVIEW     1,018        

BOARD AND ITS MEMBERS ONLY IN THE EXERCISE OF THE PROPER           1,019        

FUNCTIONS OF THE REVIEW BOARD.  THE INFORMATION, DOCUMENTS, AND    1,020        

REPORTS, THE STATEMENTS MADE BY BOARD MEMBERS, AND THE WORK                     

PRODUCTS ARE NOT SUBJECT TO SUBPOENA OR DISCOVERY IN CIVIL         1,022        

PROCEEDINGS.  IN ANY CRIMINAL PROCEEDING OR ANY PROCEEDING IN      1,023        

WHICH A CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT  1,024        

CHILD, AT THE REQUEST OF A PROSECUTOR THE COURT MAY ISSUE A        1,025        

SUBPOENA TO OBTAIN, OR ORDER THAT DISCOVERY BE PERMITTED OF, THE   1,027        

INFORMATION, DOCUMENTS, OR REPORTS PROVIDED TO A CHILD FATALITY    1,028        

REVIEW BOARD IF THE PROSECUTOR DEMONSTRATES THAT THE INFORMATION,  1,029        

DOCUMENTS, OR REPORTS ARE NECESSARY TO THE PROCEEDING AND ARE NOT  1,031        

AVAILABLE FROM ANOTHER SOURCE.  THIS SECTION DOES NOT AFFECT THE   1,032        

PRIVILEGES OR IMMUNITIES PROVIDED BY THE REVISED CODE OR           1,033        

AVAILABLE AT COMMON LAW.                                           1,034        

      (2)  AT THE REQUEST OF A PROSECUTOR PURSUANT TO DIVISION     1,037        

(A)(1) OF THIS SECTION, ONE OF THE FOLLOWING JUDGES OF THE COMMON  1,038        

PLEAS COURT OF THE COUNTY THE DECEASED CHILD WHO IS SUBJECT OF OR  1,039        

IS ADDRESSED BY THE CRIMINAL PROCEEDING OR PROCEEDING IN WHICH A   1,040        

CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD    1,041        

RESIDED IN AT THE TIME OF DEATH MAY ISSUE A SUBPOENA OR ORDER      1,042        

DISCOVERY AS PROVIDED IN DIVISION (A)(1) OF THIS SECTION:          1,044        

                                                          25     


                                                                 
      (a) IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED,   1,047        

NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON    1,048        

PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS      1,049        

MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE    1,050        

COUNTY;                                                                         

      (b)  IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED,        1,053        

NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS       1,054        

COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT:    1,055        

      (i) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT    1,058        

MAKE THE PRIOR ADJUDICATION, THAT JUDGE;                                        

      (ii) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE  1,061        

PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT         1,062        

PURSUANT TO DIVISION (A)(3) OF THIS SECTION;                       1,063        

      (iii)  IF THE COURT HAS A PROBATE DIVISION THAT IS NOT       1,066        

COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE                      

DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON       1,067        

PLEAS JUDGE OF THE COUNTY;                                         1,068        

      (iv)  IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED   1,071        

WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED     1,072        

DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;          1,073        

      (v)  IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE    1,076        

OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE    1,077        

PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST  1,078        

SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE         1,079        

COUNTY.                                                                         

      (3)  IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN  1,082        

ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR  1,083        

DEPENDENT CHILD, ON RECEIPT OF THE PROSECUTOR'S REQUEST PURSUANT   1,084        

TO DIVISION (A)(1) OF THIS SECTION, THE COURT SHALL IMMEDIATELY    1,086        

NOTIFY THE SUPREME COURT.  NO LATER THAN FOURTEEN DAYS AFTER THE   1,087        

DATE THE REQUEST IS RECEIVED, THE SUPREME COURT SHALL APPOINT A    1,088        

JUDGE TO MAKE A DETERMINATION ON THE REQUEST PURSUANT TO DIVISION  1,089        

(A)(1) OF THIS SECTION.                                            1,090        

      (B)  NO PERSON SHALL PERMIT OR ENCOURAGE THE UNAUTHORIZED    1,093        

                                                          26     


                                                                 
DISSEMINATION OF THE CONFIDENTIAL INFORMATION DESCRIBED IN         1,094        

DIVISION (A) OF THIS SECTION.                                                   

      (C)  WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS        1,097        

GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.                                   

      Sec. 2151.421.  (A)(1)(a)  No person described in division   1,108        

(A)(1)(b) of this section who is acting in an official or          1,110        

professional capacity and knows or suspects that a child under     1,111        

eighteen years of age or a mentally retarded, developmentally      1,113        

disabled, or physically impaired child under twenty-one years of   1,114        

age has suffered or faces a threat of suffering any physical or    1,115        

mental wound, injury, disability, or condition of a nature that    1,116        

reasonably indicates abuse or neglect of the child, shall fail to  1,117        

immediately report that knowledge or suspicion to the public       1,118        

children services agency or a municipal or county peace officer    1,120        

in the county in which the child resides or in which the abuse or  1,121        

neglect is occurring or has occurred.                                           

      (b)  Division (A)(1)(a) of this section applies to any       1,124        

person who is an attorney; physician, including a hospital intern  1,125        

or resident; dentist; podiatrist; practitioner of a limited        1,126        

branch of medicine as specified in section 4731.15 of the Revised  1,127        

Code; registered nurse; licensed practical nurse; visiting nurse;  1,129        

other health care professional; licensed psychologist; licensed    1,130        

school psychologist; speech pathologist or audiologist; coroner;   1,131        

administrator or employee of a child day-care center;              1,132        

administrator or employee of a residential camp or child day       1,133        

camp; administrator or employee of a certified child care agency   1,134        

or other public or private children services agency; school        1,135        

teacher; school employee; school authority; person engaged in      1,136        

social work or the practice of professional counseling; or a       1,137        

person rendering spiritual treatment through prayer in accordance  1,139        

with the tenets of a well-recognized religion.                                  

      (2)  An attorney or a physician is not required to make a    1,141        

report pursuant to division (A)(1) of this section concerning any  1,143        

communication the attorney or physician receives from a client or  1,146        

                                                          27     


                                                                 
patient in an attorney-client or physician-patient relationship,   1,147        

if, in accordance with division (A) or (B) of section 2317.02 of   1,149        

the Revised Code, the attorney or physician could not testify      1,150        

with respect to that communication in a civil or criminal          1,151        

proceeding, except that the client or patient is deemed to have    1,152        

waived any testimonial privilege under division (A) or (B) of      1,154        

section 2317.02 of the Revised Code with respect to that           1,156        

communication and the attorney or physician shall make a report    1,158        

pursuant to division (A)(1) of this section with respect to that   1,159        

communication, if all of the following apply:                                   

      (a)  The client or patient, at the time of the               1,161        

communication, is either a child under eighteen years of age or a  1,162        

mentally retarded, developmentally disabled, or physically         1,164        

impaired person under twenty-one years of age.                     1,165        

      (b)  The attorney or physician knows or suspects, as a       1,167        

result of the communication or any observations made during that   1,169        

communication, that the client or patient has suffered or faces a  1,170        

threat of suffering any physical or mental wound, injury,          1,172        

disability, or condition of a nature that reasonably indicates     1,173        

abuse or neglect of the client or patient.                         1,174        

      (c)  The attorney-client or physician-patient relationship   1,176        

does not arise out of the client's or patient's attempt to have    1,178        

an abortion without the notification of her parents, guardian, or  1,180        

custodian in accordance with section 2151.85 of the Revised Code.  1,181        

      (B)  Anyone, who knows or suspects that a child under        1,183        

eighteen years of age or a mentally retarded, developmentally      1,185        

disabled, or physically impaired person under twenty-one years of  1,186        

age has suffered or faces a threat of suffering any physical or    1,187        

mental wound, injury, disability, or other condition of a nature   1,188        

that reasonably indicates abuse or neglect of the child, may       1,189        

report or cause reports to be made of that knowledge or suspicion  1,190        

to the public children services agency or to a municipal or        1,192        

county peace officer.                                              1,193        

      (C)  Any report made pursuant to division (A) or (B) of      1,195        

                                                          28     


                                                                 
this section shall be made forthwith either by telephone or in     1,196        

person and shall be followed by a written report, if requested by  1,198        

the receiving agency or officer.  The written report shall                      

contain:                                                           1,199        

      (1)  The names and addresses of the child and the child's    1,201        

parents or the person or persons having custody of the child, if   1,202        

known;                                                                          

      (2)  The child's age and the nature and extent of the        1,204        

child's known or suspected injuries, abuse, or neglect or of the   1,205        

known or suspected threat of injury, abuse, or neglect, including  1,206        

any evidence of previous injuries, abuse, or neglect;              1,207        

      (3)  Any other information that might be helpful in          1,209        

establishing the cause of the known or suspected injury, abuse,    1,210        

or neglect or of the known or suspected threat of injury, abuse,   1,211        

or neglect.                                                        1,212        

      Any person, who is required by division (A) of this section  1,214        

to report known or suspected child abuse or child neglect, may     1,215        

take or cause to be taken color photographs of areas of trauma     1,216        

visible on a child and, if medically indicated, cause to be        1,217        

performed radiological examinations of the child.                  1,218        

      (D)(1)  Upon the receipt of a report concerning the          1,220        

possible abuse or neglect of a child or the possible threat of     1,221        

abuse or neglect of a child, the municipal or county peace         1,222        

officer who receives the report shall refer the report to the      1,223        

appropriate public children services agency.                       1,225        

      (2)  On receipt of a report pursuant to this division or     1,228        

division (A) or (B) of this section, the public children services  1,230        

agency shall comply with section 2151.422 of the Revised Code.     1,232        

      (E)  No township, municipal, or county peace officer shall   1,234        

remove a child about whom a report is made pursuant to this        1,235        

section from the child's parents, stepparents, or guardian or any  1,236        

other persons having custody of the child without consultation     1,237        

with the public children services agency, unless, in the judgment  1,240        

of the officer, and, if the report was made by A physician, the    1,241        

                                                          29     


                                                                 
physician, immediate removal is considered essential to protect    1,242        

the child from further abuse or neglect.  The agency that must be  1,245        

consulted shall be the agency conducting the investigation of the  1,246        

report as determined pursuant to section 2151.422 of the Revised   1,247        

Code.                                                              1,248        

      (F)(1)(a)  Except as provided in section 2151.422 of the     1,251        

Revised Code, the public children services agency shall            1,253        

investigate, within twenty-four hours, each report of known or     1,255        

suspected child abuse or child neglect and of a known or           1,256        

suspected threat of child abuse or child neglect that is referred  1,257        

to it under this section to determine the circumstances            1,258        

surrounding the injuries, abuse, or neglect or the threat of       1,259        

injury, abuse, or neglect, the cause of the injuries, abuse,       1,260        

neglect, or threat, and the person or persons responsible.  The    1,261        

investigation shall be made in cooperation with the law                         

enforcement agency and in accordance with the memorandum of        1,262        

understanding prepared under division (J) of this section.  A      1,264        

failure to make the investigation in accordance with the           1,265        

memorandum is not grounds for, and shall not result in, the        1,267        

dismissal of any charges or complaint arising from the report or   1,268        

the suppression of any evidence obtained as a result of the        1,269        

report and does not give, and shall not be construed as giving,    1,270        

any rights or any grounds for appeal or post-conviction relief to  1,271        

any person.  The public children services agency shall report      1,274        

each case to a central registry which the state department of      1,276        

human services shall maintain in order to determine whether prior  1,277        

reports have been made in other counties concerning the child or   1,278        

other principals in the case.  The EXCEPT THAT, IF THE DEPARTMENT  1,279        

IMPLEMENTS A STATEWIDE AUTOMATED CHILD WELFARE INFORMATION         1,280        

SYSTEM, THE PUBLIC CHILDREN SERVICES AGENCY SHALL INSTEAD REPORT   1,281        

EACH CASE TO THAT SYSTEM.  THE INFORMATION REPORTED TO THE SYSTEM  1,282        

SHALL NOT INCLUDE THE NAME OF THE PERSON ALLEGED TO HAVE           1,283        

INFLICTED THE ABUSE OR NEGLECT ON THE CHILD AND SHALL INCLUDE      1,284        

ONLY THE FOLLOWING:                                                             

                                                          30     


                                                                 
      (i) THE CHILD'S NAME;                                        1,286        

      (ii) DEMOGRAPHIC INFORMATION CONCERNING THE CHILD;           1,288        

      (iii) THE TYPE OF ALLEGATION REPORTED;                       1,290        

      (iv) THE CHILD'S COUNTY OF RESIDENCE;                        1,292        

      (v) WHETHER THE PUBLIC CHILDREN SERVICES AGENCY PROVIDED     1,294        

SERVICES TO THE CHILD.                                             1,295        

      (b)  THE public children services agency shall submit a      1,297        

report of its investigation, in writing, to the law enforcement    1,300        

agency.                                                                         

      (2)  The public children services agency shall make any      1,303        

recommendations to the county prosecuting attorney or city         1,305        

director of law that it considers necessary to protect any         1,306        

children that are brought to its attention.                        1,307        

      (G)(1)(a)  Except as provided in division (H)(3) of this     1,309        

section, anyone or any hospital, institution, school, health       1,310        

department, or agency participating in the making of reports       1,311        

under division (A) of this section, anyone or any hospital,        1,312        

institution, school, health department, or agency participating    1,313        

in good faith in the making of reports under division (B) of this  1,314        

section, and anyone participating in good faith in a judicial      1,315        

proceeding resulting from the reports, shall be immune from any    1,316        

civil or criminal liability for injury, death, or loss to person   1,317        

or property that otherwise might be incurred or imposed as a       1,318        

result of the making of the reports or the participation in the    1,319        

judicial proceeding.                                               1,320        

      (b)  Notwithstanding section 4731.22 of the Revised Code,    1,323        

the physician-patient privilege shall not be a ground for          1,324        

excluding evidence regarding a child's injuries, abuse, or         1,325        

neglect, or the cause of the injuries, abuse, or neglect in any    1,326        

judicial proceeding resulting from a report submitted pursuant to  1,327        

this section.                                                                   

      (2)  In any civil or criminal action or proceeding in which  1,329        

it is alleged and proved that participation in the making of a     1,330        

report under this section was not in good faith or participation   1,331        

                                                          31     


                                                                 
in a judicial proceeding resulting from a report made under this   1,332        

section was not in good faith, the court shall award the           1,333        

prevailing party reasonable attorney's fees and costs and, if a    1,334        

civil action or proceeding is voluntarily dismissed, may award     1,335        

reasonable attorney's fees and costs to the party against whom     1,336        

the civil action or proceeding is brought.                         1,337        

      (H)(1)  Except as provided in divisions (H)(4) AND (5),      1,339        

(M), and (N) of this section, a report made under this section is  1,341        

confidential.  The information provided in a report made pursuant  1,342        

to this section and the name of the person who made the report     1,343        

shall not be released for use, and shall not be used, as evidence  1,344        

in any civil action or proceeding brought against the person who   1,345        

made the report.  In a criminal proceeding, the report is          1,346        

admissible in evidence in accordance with the Rules of Evidence    1,347        

and is subject to discovery in accordance with the Rules of        1,348        

Criminal Procedure.                                                1,349        

      (2)  No person shall permit or encourage the unauthorized    1,351        

dissemination of the contents of any report made under this        1,352        

section.                                                           1,353        

      (3)  A person who knowingly makes or causes another person   1,355        

to make a false report under division (B) of this section that     1,356        

alleges that any person has committed an act or omission that      1,357        

resulted in a child being an abused child or a neglected child is  1,358        

guilty of a violation of section 2921.14 of the Revised Code.      1,359        

      (4)  IF A REPORT IS MADE PURSUANT TO DIVISION (A) OR (B) OF  1,362        

THIS SECTION AND THE CHILD WHO IS THE SUBJECT OF THE REPORT DIES   1,363        

FOR ANY REASON AT ANY TIME AFTER THE REPORT IS MADE, BUT BEFORE                 

THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, THE PUBLIC CHILDREN       1,365        

SERVICES AGENCY OR MUNICIPAL OR COUNTY PEACE OFFICER TO WHICH THE               

REPORT WAS MADE OR REFERRED SHALL, ON THE REQUEST OF THE CHILD     1,366        

FATALITY REVIEW BOARD, MAKE THE REPORT AVAILABLE TO THE CHILD      1,367        

FATALITY REVIEW BOARD OF THE COUNTY IN WHICH THE DECEASED CHILD    1,369        

RESIDED AT THE TIME OF DEATH.                                                   

      (5)  A public children services agency shall advise a        1,372        

                                                          32     


                                                                 
person alleged to have inflicted abuse or neglect on a child who   1,373        

is the subject of a report made pursuant to this section of the    1,374        

disposition of the investigation.  The agency shall not provide    1,375        

to the person any information that identifies the person who made  1,377        

the report, statements of witnesses, or police or other                         

investigative reports.                                             1,378        

      (I)  Any report that is required by this section shall       1,380        

result in protective services and emergency supportive services    1,381        

being made available by the public children services agency on     1,383        

behalf of the children about whom the report is made, in an        1,385        

effort to prevent further neglect or abuse, to enhance their       1,386        

welfare, and, whenever possible, to preserve the family unit       1,387        

intact.  The agency required to provide the services shall be the  1,389        

agency conducting the investigation of the report pursuant to      1,390        

section 2151.422 of the Revised Code.                              1,392        

      (J)(1)  Each public children services agency shall prepare   1,394        

a memorandum of understanding that is signed by all of the         1,396        

following:                                                                      

      (a)  If there is only one juvenile judge in the county, the  1,399        

juvenile judge of the county or the juvenile judge's               1,400        

representative;                                                                 

      (b)  If there is more than one juvenile judge in the         1,404        

county, a juvenile judge or the juvenile judges' representative    1,405        

selected by the juvenile judges or, if they are unable to do so    1,406        

for any reason, the juvenile judge who is senior in point of       1,407        

service or the senior juvenile judge's representative;             1,408        

      (c)  The county peace officer;                               1,411        

      (d)  All chief municipal peace officers within the county;   1,414        

      (e)  Other law enforcement officers handling child abuse     1,416        

and neglect cases in the county;                                   1,417        

      (f)  The prosecuting attorney of the county;                 1,420        

      (g)  If the public children services agency is not the       1,422        

county department of human services, the county department of      1,424        

human services.                                                    1,425        

                                                          33     


                                                                 
      (2)  A memorandum of understanding shall set forth the       1,427        

normal operating procedure to be employed by all concerned         1,429        

officials in the execution of their respective responsibilities    1,430        

under this section and division (C) of section 2919.21, division   1,431        

(B)(1) of section 2919.22, division (B) of section 2919.23, and    1,432        

section 2919.24 of the Revised Code and shall have as two of its   1,433        

primary goals the elimination of all unnecessary interviews of     1,434        

children who are the subject of reports made pursuant to division  1,435        

(A) or (B) of this section and, when feasible, providing for only  1,436        

one interview of a child who is the subject of any report made     1,437        

pursuant to division (A) or (B) of this section.  A failure to     1,438        

follow the procedure set forth in the memorandum by the concerned  1,440        

officials is not grounds for, and shall not result in, the         1,441        

dismissal of any charges or complaint arising from any reported    1,442        

case of abuse or neglect or the suppression of any evidence        1,443        

obtained as a result of any reported child abuse or child neglect  1,444        

and does not give, and shall not be construed as giving, any       1,445        

rights or any grounds for appeal or post-conviction relief to any  1,446        

person.                                                            1,447        

      (3)  A memorandum of understanding shall include all of the  1,449        

following:                                                         1,450        

      (a)  The roles and responsibilities for handling emergency   1,453        

and non-emergency cases of abuse and neglect;                      1,455        

      (b)  Standards and procedures to be used in handling and     1,457        

coordinating investigations of reported cases of child abuse and   1,458        

reported cases of child neglect, methods to be used in             1,459        

interviewing the child who is the subject of the report and who    1,460        

allegedly was abused or neglected, and standards and procedures    1,461        

addressing the categories of persons who may interview the child   1,462        

who is the subject of the report and who allegedly was abused or   1,463        

neglected.                                                         1,464        

      (K)(1)  Except as provided in division (K)(4) of this        1,467        

section, a person who is required to make a report pursuant to     1,468        

division (A) of this section may make a reasonable number of       1,469        

                                                          34     


                                                                 
requests of the public children services agency that receives or   1,470        

is referred the report to be provided with the following           1,472        

information:                                                                    

      (a)  Whether the agency has initiated an investigation of    1,475        

the report;                                                                     

      (b)  Whether the agency is continuing to investigate the     1,478        

report;                                                                         

      (c)  Whether the agency is otherwise involved with the       1,482        

child who is the subject of the report;                                         

      (d)  The general status of the health and safety of the      1,484        

child who is the subject of the report;                            1,485        

      (e)  Whether the report has resulted in the filing of a      1,487        

complaint in juvenile court or of criminal charges in another      1,488        

court.                                                             1,489        

      (2)  A person may request the information specified in       1,491        

division (K)(1) of this section only if, at the time the report    1,492        

is made, the person's name, address, and telephone number are      1,493        

provided to the person who receives the report.                                 

      When a municipal or county peace officer or employee of a    1,495        

public children services agency receives a report pursuant to      1,498        

division (A) or (B) of this section the recipient of the report    1,499        

shall inform the person of the right to request the information    1,501        

described in division (K)(1) of this section.  The recipient of                 

the report shall include in the initial child abuse or child       1,502        

neglect report that the person making the report was so informed   1,503        

and, if provided at the time of the making of the report, shall    1,504        

include the person's name, address, and telephone number in the    1,505        

report.                                                                         

      Each request is subject to verification of the identity of   1,507        

the person making the report.  If that person's identity is        1,510        

verified, the agency shall provide the person with the             1,512        

information described in division (K)(1) of this section a         1,513        

reasonable number of times, except that the agency shall not                    

disclose any confidential information regarding the child who is   1,515        

                                                          35     


                                                                 
the subject of the report other than the information described in  1,516        

those divisions.                                                                

      (3)  A request made pursuant to division (K)(1) of this      1,518        

section is not a substitute for any report required to be made     1,519        

pursuant to division (A) of this section.                          1,520        

      (4)  If an agency other than the agency that received or     1,523        

was referred the report is conducting the investigation of the     1,524        

report pursuant to section 2151.422 of the Revised Code, the       1,526        

agency conducting the investigation shall comply with the          1,527        

requirements of division (K) of this section.                      1,528        

      (L)  The department of human services shall adopt rules in   1,530        

accordance with Chapter 119. of the Revised Code to implement      1,533        

this section.  The department may enter into a plan of             1,535        

cooperation with any other governmental entity to aid in ensuring  1,536        

that children are protected from abuse and neglect.  The           1,537        

department shall make recommendations to the attorney general      1,538        

that the department determines are necessary to protect children   1,539        

from child abuse and child neglect.                                1,540        

      (M)  No later than the end of the day following the day on   1,543        

which a public children services agency receives a report of       1,544        

alleged child abuse or child neglect, or a report of an alleged    1,545        

threat of child abuse or child neglect, that allegedly occurred    1,546        

in or involved an out-of-home care entity, the agency shall        1,547        

provide written notice of the allegations contained in and the     1,549        

person named as the alleged perpetrator in the report to the       1,550        

administrator, director, or other chief administrative officer of  1,551        

the out-of-home care entity that is the subject of the report      1,552        

unless the administrator, director, or other chief administrative  1,553        

officer is named as an alleged perpetrator in the report.  If the  1,554        

administrator, director, or other chief administrative officer of  1,555        

an out-of-home care entity is named as an alleged perpetrator in   1,556        

a report of alleged child abuse or child neglect, or a report of   1,557        

an alleged threat of child abuse or child neglect, that allegedly  1,558        

occurred in or involved the out-of-home care entity, the agency    1,559        

                                                          36     


                                                                 
shall provide the written notice to the owner or governing board   1,561        

of the out-of-home care entity that is the subject of the report.  1,562        

The agency shall not provide witness statements or police or       1,564        

other investigative reports.                                                    

      (N)  No later than three days after the day on which a       1,567        

public children services agency that conducted the investigation   1,568        

as determined pursuant to section 2151.422 of the Revised Code     1,569        

makes a disposition of an investigation involving a report of      1,570        

alleged child abuse or child neglect, or a report of an alleged    1,571        

threat of child abuse or child neglect, that allegedly occurred    1,572        

in or involved an out-of-home care entity, the agency shall send   1,575        

written notice of the disposition of the investigation to the      1,576        

administrator, director, or other chief administrative officer     1,577        

and the owner or governing board of the out-of-home care entity.   1,578        

The agency shall not provide witness statements or police or       1,580        

other investigative reports.                                                    

      Sec. 2317.02.  The following persons shall not testify in    1,589        

certain respects:                                                  1,590        

      (A)  An attorney, concerning a communication made to the     1,592        

attorney by a client in that relation or the attorney's advice to  1,594        

a client, except that the attorney may testify by express consent  1,595        

of the client or, if the client is deceased, by the express        1,596        

consent of the surviving spouse or the executor or administrator   1,597        

of the estate of the deceased client and except that, if the       1,598        

client voluntarily testifies or is deemed by section 2151.421 of   1,599        

the Revised Code to have waived any testimonial privilege under    1,600        

this division, the attorney may be compelled to testify on the     1,601        

same subject;                                                                   

      (B)(1)  A physician or a dentist concerning a communication  1,603        

made to the physician or dentist by a patient in that relation or  1,604        

the physician's or dentist's advice to a patient, except as        1,606        

otherwise provided in this division, division (B)(2), and                       

division (B)(3) of this section, and except that, if the patient   1,607        

is deemed by section 2151.421 of the Revised Code to have waived   1,608        

                                                          37     


                                                                 
any testimonial privilege under this division, the physician may   1,609        

be compelled to testify on the same subject.                       1,610        

      The testimonial privilege established under this division    1,612        

does not apply, and a physician or dentist may testify or may be   1,613        

compelled to testify, in any of the following circumstances:       1,614        

      (a)  In any civil action, in accordance with the discovery   1,616        

provisions of the Rules of Civil Procedure in connection with a    1,617        

civil action, or in connection with a claim under Chapter 4123.    1,618        

of the Revised Code, under any of the following circumstances:     1,619        

      (i)  If the patient or the guardian or other legal           1,621        

representative of the patient gives express consent;               1,622        

      (ii)  If the patient is deceased, the spouse of the patient  1,624        

or the executor or administrator of the patient's estate gives     1,626        

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        1,628        

claim, or optometric claim, as defined in section 2305.11 of the   1,629        

Revised Code, an action for wrongful death, any other type of      1,630        

civil action, or a claim under Chapter 4123. of the Revised Code   1,631        

is filed by the patient, the personal representative of the        1,632        

estate of the patient if deceased, or the patient's guardian or    1,634        

other legal representative.                                                     

      (b)  In any criminal action concerning any test or the       1,636        

results of any test that determines the presence or concentration  1,637        

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     1,638        

the patient's blood, breath, urine, or other bodily substance at   1,639        

any time relevant to the criminal offense in question.             1,640        

      (c)  In any criminal action against a physician or dentist.  1,643        

In such an action, the testimonial privilege established under     1,644        

this division does not prohibit the admission into evidence, in    1,645        

accordance with the Rules of Evidence, of a patient's medical or   1,648        

dental records or other communications between a patient and the   1,649        

physician or dentist that are related to the action and obtained   1,650        

by subpoena, search warrant, or other lawful means.  A court that  1,651        

permits or compels a physician or dentist to testify in such an    1,652        

                                                          38     


                                                                 
action or permits the introduction into evidence of patient        1,653        

records or other communications in such an action shall require    1,654        

that appropriate measures be taken to ensure that the              1,655        

confidentiality of any patient named or otherwise identified in    1,656        

the records is maintained.  Measures to ensure confidentiality     1,657        

that may be taken by the court include sealing its records or      1,658        

deleting specific information from its records.                    1,659        

      (2)(a)  If any law enforcement officer submits a written     1,661        

statement to a health care provider that states that an official   1,662        

criminal investigation has begun regarding a specified person or   1,663        

that a criminal action or proceeding has been commenced against a  1,664        

specified person, that requests the provider to supply to the      1,665        

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         1,666        

specified person to determine the presence or concentration of     1,667        

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    1,668        

person's blood, breath, or urine at any time relevant to the       1,669        

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   1,670        

specifically prohibited by any law of this state or of the United  1,671        

States, shall supply to the officer a copy of any of the           1,672        

requested records the provider possesses.  If the health care      1,673        

provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           1,674        

indicates that the provider does not possess any of the requested  1,675        

records.                                                                        

      (b)  If a health care provider possesses any records of the  1,677        

type described in division (B)(2)(a) of this section regarding     1,678        

the person in question at any time relevant to the criminal        1,679        

offense in question, in lieu of personally testifying as to the    1,680        

results of the test in question, the custodian of the records may  1,681        

submit a certified copy of the records, and, upon its submission,               

the certified copy is qualified as authentic evidence and may be   1,682        

admitted as evidence in accordance with the Rules of Evidence.     1,683        

                                                          39     


                                                                 
Division (A) of section 2317.422 of the Revised Code does not      1,684        

apply to any certified copy of records submitted in accordance     1,685        

with this division.  Nothing in this division shall be construed   1,686        

to limit the right of any party to call as a witness the person                 

who administered the test to which the records pertain, the        1,687        

person under whose supervision the test was administered, the      1,688        

custodian of the records, the person who made the records, or the  1,689        

person under whose supervision the records were made.              1,690        

      (3)(a)  If the testimonial privilege described in division   1,692        

(B)(1) of this section does not apply as provided in division      1,693        

(B)(1)(a)(iii) of this section, a physician or dentist may be      1,694        

compelled to testify or to submit to discovery under the Rules of  1,695        

Civil Procedure only as to a communication made to the physician   1,696        

or dentist by the patient in question in that relation, or the     1,697        

physician's or dentist's advice to the patient in question, that   1,699        

related causally or historically to physical or mental injuries    1,700        

that are relevant to issues in the medical claim, dental claim,    1,701        

chiropractic claim, or optometric claim, action for wrongful       1,702        

death, other civil action, or claim under Chapter 4123. of the     1,703        

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      1,705        

(B)(1) of this section does not apply to a physician or dentist    1,706        

as provided in division (B)(1)(b) of this section, the physician   1,707        

or dentist, in lieu of personally testifying as to the results of  1,708        

the test in question, may submit a certified copy of those                      

results, and, upon its submission, the certified copy is           1,709        

qualified as authentic evidence and may be admitted as evidence    1,710        

in accordance with the Rules of Evidence.  Division (A) of         1,711        

section 2317.422 of the Revised Code does not apply to any         1,712        

certified copy of results submitted in accordance with this                     

division.  Nothing in this division shall be construed to limit    1,713        

the right of any party to call as a witness the person who         1,714        

administered the test in question, the person under whose          1,715        

supervision the test was administered, the custodian of the                     

                                                          40     


                                                                 
results of the test, the person who compiled the results, or the   1,716        

person under whose supervision the results were compiled.          1,717        

      (4)(a)  As used in divisions (B)(1) to (3) of this section,  1,719        

"communication" means acquiring, recording, or transmitting any    1,720        

information, in any manner, concerning any facts, opinions, or     1,721        

statements necessary to enable a physician or dentist to           1,722        

diagnose, treat, prescribe, or act for a patient.  A               1,723        

"communication" may include, but is not limited to, any medical    1,724        

or dental, office, or hospital communication such as a record,     1,725        

chart, letter, memorandum, laboratory test and results, x-ray,     1,726        

photograph, financial statement, diagnosis, or prognosis.          1,727        

      (b)  As used in division (B)(2) of this section, "health     1,729        

care provider" has the same meaning as in section 3729.01 of the   1,730        

Revised Code.                                                                   

      (5)  Divisions (B)(1), (2), (3), and (4) of this section     1,732        

apply to doctors of medicine, doctors of osteopathic medicine,     1,733        

doctors of podiatry, and dentists.                                 1,734        

      (6)  Nothing in divisions (B)(1) to (5) of this section      1,736        

affects, or shall be construed as affecting, the immunity from     1,737        

civil liability conferred by section 307.629 OR 2305.33 of the     1,738        

Revised Code upon physicians who report an employee's use of a     1,740        

drug of abuse, or a condition of an employee other than one        1,741        

involving the use of a drug of abuse, to the employer of the       1,742        

employee in accordance with division (B) of that section.  As      1,743        

used in division (B)(6) of this section, "employee," "employer,"   1,745        

and "physician" have the same meanings as in section 2305.33 of    1,746        

the Revised Code.                                                               

      (C)  A  member of the clergy, rabbi, priest, or regularly    1,748        

ordained, accredited, or licensed minister of an established and   1,750        

legally cognizable church, denomination, or sect, when the member  1,751        

of the clergy, rabbi, priest, or minister remains accountable to   1,753        

the authority of that church, denomination, or sect, concerning a  1,754        

confession made, or any information confidentially communicated,   1,755        

to the member of the clergy, rabbi, priest, or minister for a      1,757        

                                                          41     


                                                                 
religious counseling purpose in the member of the clergy's,        1,758        

rabbi's, priest's, or minister's professional character; however,  1,760        

the member of the clergy, rabbi, priest, or minister may testify   1,762        

by express consent of the person making the communication, except  1,763        

when the disclosure of the information is in violation of a        1,764        

sacred trust.                                                                   

      (D)  Husband or wife, concerning any communication made by   1,766        

one to the other, or an act done by either in the presence of the  1,767        

other, during coverture, unless the communication was made, or     1,768        

act done, in the known presence or hearing of a third person       1,769        

competent to be a witness; and such rule is the same if the        1,770        

marital relation has ceased to exist.                              1,771        

      (E)  A person who assigns a claim or interest, concerning    1,773        

any matter in respect to which the person would not, if a party,   1,775        

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     1,778        

section 2317.03 of the Revised Code, when the property or thing    1,779        

is sold or transferred by an executor, administrator, guardian,    1,780        

trustee, heir, devisee, or legatee, shall be restricted in the     1,781        

same manner in any action or proceeding concerning the property    1,782        

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        1,784        

educator license from the state board of education as provided     1,786        

for in section 3319.22 of the Revised Code, a person licensed      1,787        

under Chapter 4757. of the Revised Code as a professional          1,788        

clinical counselor, professional counselor, social worker, or      1,789        

independent social worker, or registered under Chapter 4757. of    1,790        

the Revised Code as a social work assistant concerning a           1,791        

confidential communication received from a client in that          1,792        

relation or the person's advice to a client unless any of the      1,794        

following applies:                                                              

      (a)  The communication or advice indicates clear and         1,796        

present danger to the client or other persons.  For the purposes   1,797        

of this division, cases in which there are indications of present  1,798        

                                                          42     


                                                                 
or past child abuse or neglect of the client constitute a clear    1,799        

and present danger.                                                1,800        

      (b)  The client gives express consent to the testimony.      1,802        

      (c)  If the client is deceased, the surviving spouse or the  1,804        

executor or administrator of the estate of the deceased client     1,805        

gives express consent.                                             1,806        

      (d)  The client voluntarily testifies, in which case the     1,808        

school guidance counselor or person licensed or registered under   1,809        

Chapter 4757. of the Revised Code may be compelled to testify on   1,811        

the same subject.                                                               

      (e)  The court in camera determines that the information     1,813        

communicated by the client is not germane to the counselor-client  1,814        

or social worker-client relationship.                              1,815        

      (f)  A court, in an action brought against a school, its     1,817        

administration, or any of its personnel by the client, rules       1,818        

after an in-camera inspection that the testimony of the school     1,819        

guidance counselor is relevant to that action.                     1,820        

      (2)  Nothing in division (G)(1) of this section shall        1,822        

relieve a school guidance counselor or a person licensed or        1,824        

registered under Chapter 4757. of the Revised Code from the        1,826        

requirement to report information concerning child abuse or        1,827        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  1,829        

division (A) of section 3109.052 of the Revised Code or otherwise  1,830        

issued in any proceeding for divorce, dissolution, legal           1,831        

separation, annulment, or the allocation of parental rights and    1,832        

responsibilities for the care of children, in any action or        1,833        

proceeding, other than a criminal, delinquency, child abuse,       1,834        

child neglect, or dependent child action or proceeding, that is    1,835        

brought by or against either parent who takes part in mediation    1,836        

in accordance with the order and that pertains to the mediation    1,837        

process, to any information discussed or presented in the          1,838        

mediation process, to the allocation of parental rights and        1,839        

responsibilities for the care of the parents' children, or to the  1,840        

                                                          43     


                                                                 
awarding of visitation rights in relation to their children.       1,841        

      (I)  A communications assistant, acting within the scope of  1,843        

the communication assistant's authority, when providing            1,844        

telecommunications relay service pursuant to section 4931.35 of    1,846        

the Revised Code or Title II of the "Communications Act of 1934,"  1,847        

104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication    1,848        

made through a telecommunications relay service.                   1,849        

      Nothing in this section shall limit any immunity or          1,851        

privilege granted under federal law or regulation.  Nothing in     1,852        

this section shall limit the obligation of a communications        1,853        

assistant to divulge information or testify when mandated by       1,854        

federal law or regulation or pursuant to subpoena in a criminal    1,855        

proceeding.                                                        1,856        

      Sec. 3701.045.  (A)  THE DEPARTMENT OF HEALTH, IN            1,859        

CONSULTATION WITH THE CHILDREN'S TRUST FUND BOARD ESTABLISHED                   

UNDER SECTION 3109.15 OF THE REVISED CODE AND THE CHILD FATALITY   1,860        

REVIEW BOARDS THAT EXIST ON THE EFFECTIVE DATE OF THIS SECTION,    1,861        

SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED   1,862        

CODE THAT ESTABLISH A PROCEDURE FOR CHILD FATALITY REVIEW BOARDS   1,863        

TO FOLLOW IN CONDUCTING A REVIEW OF THE DEATH OF A CHILD.  THE     1,864        

RULES SHALL DO ALL OF THE FOLLOWING:                               1,865        

      (1)  ESTABLISH THE FORMAT FOR THE ANNUAL REPORTS REQUIRED    1,867        

BY SECTION 307.627 OF THE REVISED CODE;                            1,868        

      (2)  ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD  1,870        

TO FOLLOW IN COMPILING STATISTICS FOR ANNUAL REPORTS SO THAT THE   1,871        

REPORTS DO NOT CONTAIN ANY INFORMATION THAT WOULD PERMIT ANY       1,872        

PERSON'S IDENTITY TO BE ASCERTAINED FROM A REPORT;                 1,873        

      (3)  ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD  1,875        

TO FOLLOW IN CREATING AND MAINTAINING THE COMPREHENSIVE DATABASE   1,877        

OF CHILD DEATHS REQUIRED BY SECTION 307.624 OF THE REVISED CODE,   1,879        

INCLUDING PROVISIONS ESTABLISHING UNIFORM RECORD-KEEPING                        

PROCEDURES;                                                        1,880        

      (4)  ESTABLISH GUIDELINES, MATERIALS, AND TRAINING TO HELP   1,882        

EDUCATE MEMBERS OF CHILD FATALITY REVIEW BOARDS ABOUT THE PURPOSE  1,883        

                                                          44     


                                                                 
OF THE REVIEW PROCESS AND THE CONFIDENTIALITY OF THE INFORMATION   1,886        

DESCRIBED IN SECTION 307.6210 OF THE REVISED CODE AND TO MAKE      1,888        

THEM AWARE THAT SUCH INFORMATION IS NOT A PUBLIC RECORD UNDER      1,889        

SECTION 149.43 OF THE REVISED CODE.                                             

      (B)  ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF EACH     1,891        

YEAR, THE DEPARTMENT OF HEALTH AND THE CHILDREN'S TRUST FUND       1,893        

BOARD JOINTLY SHALL PREPARE AND PUBLISH A REPORT ORGANIZING AND    1,894        

SETTING FORTH THE DATA IN ALL THE REPORTS PROVIDED BY CHILD        1,895        

FATALITY REVIEW BOARDS IN THEIR ANNUAL REPORTS FOR THE PREVIOUS    1,896        

CALENDAR YEAR AND RECOMMENDING ANY CHANGES TO LAW AND POLICY THAT               

MIGHT PREVENT FUTURE DEATHS.  THE DEPARTMENT AND THE CHILDREN'S    1,897        

TRUST FUND BOARD JOINTLY SHALL PROVIDE A COPY OF THE REPORT TO     1,898        

THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE     1,900        

PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF THE HOUSE OF      1,901        

REPRESENTATIVES AND THE SENATE, EACH COUNTY OR REGIONAL CHILD      1,902        

FATALITY REVIEW BOARD, AND EACH COUNTY OR REGIONAL FAMILY AND                   

CHILDREN FIRST COUNCIL.                                            1,903        

      Sec. 3705.071.  ON RECEIPT OF A DEATH CERTIFICATE OF A       1,905        

PERSON WHO WAS UNDER EIGHTEEN YEARS OF AGE AT DEATH, THE LOCAL     1,906        

REGISTRAR OF VITAL STATISTICS SHALL DETERMINE THE COUNTY IN WHICH  1,907        

THE PERSON RESIDED AT THE TIME OF DEATH.  IF THE COUNTY OF         1,908        

RESIDENCE WAS OTHER THAN THE COUNTY IN WHICH THE PERSON DIED, THE               

REGISTRAR, AFTER REGISTERING THE CERTIFICATE AND NO LATER THAN     1,909        

FOUR WEEKS AFTER RECEIVING IT, SHALL MAKE A COPY OF THE            1,910        

CERTIFICATE AND SEND IT TO THE LOCAL REGISTRAR OF VITAL            1,912        

STATISTICS OF THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME   1,913        

OF DEATH.                                                                       

      Sec. 4731.22.  (A)  The state medical board, by an           1,923        

affirmative vote of not fewer than six of its members, may revoke  1,924        

or may refuse to grant a certificate to a person found by the      1,925        

board to have committed fraud during the administration of the     1,926        

examination for a certificate to practice or to have committed     1,928        

fraud, misrepresentation, or deception in applying for or          1,929        

securing any certificate to practice or certificate of                          

                                                          45     


                                                                 
registration issued by the board.                                  1,930        

      (B)  The board, by an affirmative vote of not fewer than     1,933        

six members, shall, to the extent permitted by law, limit,         1,934        

revoke, or suspend an individual's certificate to practice,        1,936        

refuse to register an individual, refuse to reinstate a            1,938        

certificate, or reprimand or place on probation the holder of a    1,940        

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  1,942        

or certificate of registration to be used by a person, group, or   1,944        

corporation when the individual concerned is not actually          1,945        

directing the treatment given;                                     1,946        

      (2)  Failure to maintain minimal standards applicable to     1,949        

the selection or administration of drugs, or failure to employ     1,950        

acceptable scientific methods in the selection of drugs or other   1,951        

modalities for treatment of disease;                               1,952        

      (3)  Selling, giving away, personally furnishing,            1,954        

prescribing, or administering drugs for other than legal and       1,955        

legitimate therapeutic purposes or a plea of guilty to, a          1,957        

judicial finding of guilt of, or a judicial finding of             1,958        

eligibility for treatment in lieu of conviction of, a violation    1,960        

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  1,961        

      (4)  Willfully betraying a professional confidence.          1,963        

      For purposes of this division, "willfully betraying a        1,965        

professional confidence" does not include PROVIDING ANY            1,966        

INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW      1,967        

BOARD UNDER SECTIONS 307.621 TO 307.6210 OF THE REVISED CODE AND   1,968        

DOES NOT INCLUDE the making of a report of an employee's use of a  1,969        

drug of abuse, or a report of a condition of an employee other     1,970        

than one involving the use of a drug of abuse, to the employer of  1,971        

the employee as described in division (B) of section 2305.33 of    1,972        

the Revised Code.  Nothing in this division affects the immunity   1,974        

from civil liability conferred by that section upon a physician    1,975        

who makes either type of report in accordance with division (B)    1,976        

                                                          46     


                                                                 
of that section.  As used in this division, "employee,"            1,977        

"employer," and "physician" have the same meanings as in section   1,978        

2305.33 of the Revised Code.                                       1,979        

      (5)  Making a false, fraudulent, deceptive, or misleading    1,982        

statement in the solicitation of or advertising for patients; in   1,984        

relation to the practice of medicine and surgery, osteopathic      1,985        

medicine and surgery, podiatry, or a limited branch of medicine;   1,986        

or in securing or attempting to secure any certificate to          1,988        

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  1,990        

misleading statement" means a statement that includes a            1,991        

misrepresentation of fact, is likely to mislead or deceive         1,992        

because of a failure to disclose material facts, is intended or    1,993        

is likely to create false or unjustified expectations of           1,994        

favorable results, or includes representations or implications     1,995        

that in reasonable probability will cause an ordinarily prudent    1,996        

person to misunderstand or be deceived.                            1,997        

      (6)  A departure from, or the failure to conform to,         1,999        

minimal standards of care of similar practitioners under the same  2,000        

or similar circumstances, whether or not actual injury to a        2,001        

patient is established;                                            2,002        

      (7)  Representing, with the purpose of obtaining             2,004        

compensation or other advantage as personal gain or for any other  2,006        

person, that an incurable disease or injury, or other incurable    2,007        

condition, can be permanently cured;                               2,008        

      (8)  The obtaining of, or attempting to obtain, money or     2,010        

anything of value by fraudulent misrepresentations in the course   2,011        

of practice;                                                       2,012        

      (9)  A plea of guilty to, a judicial finding of guilt of,    2,015        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          2,016        

      (10)  Commission of an act that constitutes a felony in      2,018        

this state, regardless of the jurisdiction in which the act was    2,019        

committed;                                                         2,020        

                                                          47     


                                                                 
      (11)  A plea of guilty to, a judicial finding of guilt of,   2,023        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           2,024        

practice;                                                                       

      (12)  Commission of an act in the course of practice that    2,026        

constitutes a misdemeanor in this state, regardless of the         2,028        

jurisdiction in which the act was committed;                       2,029        

      (13)  A plea of guilty to, a judicial finding of guilt of,   2,032        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           2,033        

      (14)  Commission of an act involving moral turpitude that    2,035        

constitutes a misdemeanor in this state, regardless of the         2,037        

jurisdiction in which the act was committed;                       2,038        

      (15)  Violation of the conditions of limitation placed by    2,040        

the board upon a certificate to practice;                          2,041        

      (16)  Failure to pay license renewal fees specified in this  2,043        

chapter;                                                           2,044        

      (17)  Except as authorized in section 4731.31 of the         2,046        

Revised Code, engaging in the division of fees for referral of     2,048        

patients, or the receiving of a thing of value in return for a     2,049        

specific referral of a patient to utilize a particular service or  2,050        

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       2,052        

violation of any provision of a code of ethics of the American     2,054        

medical association, the American osteopathic association, the     2,055        

American podiatric medical association, or any other national      2,056        

professional organizations that the board specifies by rule.  The  2,058        

state medical board shall obtain and keep on file current copies   2,059        

of the codes of ethics of the various national professional        2,060        

organizations.  The individual whose certificate is being          2,061        

suspended or revoked shall not be found to have violated any       2,063        

provision of a code of ethics of an organization not appropriate   2,064        

to the individual's profession.                                    2,065        

      For purposes of this division, a "provision of a code of     2,068        

                                                          48     


                                                                 
ethics of a national professional organization" does not include   2,069        

any provision that would preclude the making of a report by a      2,070        

physician of an employee's use of a drug of abuse, or of a         2,071        

condition of an employee other than one involving the use of a     2,072        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   2,074        

this division affects the immunity from civil liability conferred  2,075        

by that section upon a physician who makes either type of report   2,076        

in accordance with division (B) of that section.  As used in this  2,077        

division, "employee," "employer," and "physician" have the same    2,078        

meanings as in section 2305.33 of the Revised Code.                2,079        

      (19)  Inability to practice according to acceptable and      2,081        

prevailing standards of care by reason of mental illness or        2,082        

physical illness, including, but not limited to, physical          2,083        

deterioration that adversely affects cognitive, motor, or          2,084        

perceptive skills.                                                 2,085        

      In enforcing this division, the board, upon a showing of a   2,088        

possible violation, may compel any individual authorized to        2,089        

practice by this chapter or who has submitted an application       2,091        

pursuant to this chapter to submit to a mental examination,        2,093        

physical examination, including an HIV test, or both a mental and  2,095        

a physical examination.  The expense of the examination is the     2,097        

responsibility of the individual compelled to be examined.         2,098        

Failure to submit to a mental or physical examination or consent   2,099        

to an HIV test ordered by the board constitutes an admission of    2,100        

the allegations against the individual unless the failure is due   2,102        

to circumstances beyond the individual's control, and a default    2,103        

and final order may be entered without the taking of testimony or  2,104        

presentation of evidence.  If the board finds an individual        2,105        

unable to practice because of the reasons set forth in this        2,107        

division, the board shall require the individual to submit to      2,108        

care, counseling, or treatment by physicians approved or           2,109        

designated by the board, as a condition for initial, continued,    2,110        

reinstated, or renewed authority to practice.  An individual       2,112        

                                                          49     


                                                                 
affected under this division shall be afforded an opportunity to   2,114        

demonstrate to the board the ability to resume practice in         2,115        

compliance with acceptable and prevailing standards under the      2,116        

provisions of the individual's certificate.  For the purpose of    2,118        

this division, any individual who applies for or receives a        2,119        

certificate to practice under this chapter accepts the privilege   2,120        

of practicing in this state and, by so doing, shall be deemed to   2,123        

have given consent to submit to a mental or physical examination   2,124        

when directed to do so in writing by the board, and to have        2,125        

waived all objections to the admissibility of testimony or         2,126        

examination reports that constitute a privileged communication.    2,127        

      (20)  Except when civil penalties are imposed under section  2,129        

4731.225 or 4731.281 of the Revised Code, and subject to section   2,130        

4731.226 of the Revised Code, violating or attempting to violate,  2,132        

directly or indirectly, or assisting in or abetting the violation  2,133        

of, or conspiring to violate, any provisions of this chapter or    2,134        

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     2,136        

violation of, assisting in or abetting the violation of, or a      2,137        

conspiracy to violate, any provision of this chapter or any rule   2,138        

adopted by the board that would preclude the making of a report    2,141        

by a physician of an employee's use of a drug of abuse, or of a    2,142        

condition of an employee other than one involving the use of a     2,143        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   2,145        

this division affects the immunity from civil liability conferred  2,146        

by that section upon a physician who makes either type of report   2,147        

in accordance with division (B) of that section.  As used in this  2,148        

division, "employee," "employer," and "physician" have the same    2,149        

meanings as in section 2305.33 of the Revised Code.                2,150        

      (21)  The violation of any abortion rule adopted by the      2,152        

public health council pursuant to section 3701.341 of the Revised  2,153        

Code;                                                              2,154        

      (22)  Any of the following actions taken by the state        2,156        

                                                          50     


                                                                 
agency responsible for regulating the practice of medicine and     2,157        

surgery, osteopathic medicine and surgery, podiatry, or the        2,158        

limited branches of medicine in another state, for any reason      2,159        

other than the nonpayment of fees:  the limitation, revocation,    2,160        

or suspension of an individual's license to practice; acceptance   2,161        

of an individual's license surrender; denial of a license;         2,162        

refusal to renew or reinstate a license; imposition of probation;  2,164        

or issuance of an order of censure or other reprimand;             2,165        

      (23)  The violation of section 2919.12 of the Revised Code   2,167        

or the performance or inducement of an abortion upon a pregnant    2,168        

woman with actual knowledge that the conditions specified in       2,169        

division (B) of section 2317.56 of the Revised Code have not been  2,170        

satisfied or with a heedless indifference as to whether those      2,171        

conditions have been satisfied, unless an affirmative defense as   2,172        

specified in division (H)(2) of that section would apply in a      2,173        

civil action authorized by division (H)(1) of that section;        2,174        

      (24)  The revocation, suspension, restriction, reduction,    2,176        

or termination of clinical privileges by the United States         2,178        

department of defense or department of veterans affairs or the     2,180        

termination or suspension of a certificate of registration to      2,181        

prescribe drugs by the drug enforcement administration of the      2,182        

United States department of justice;                               2,183        

      (25)  Termination or suspension from participation in the    2,185        

medicare or medicaid programs by the department of health and      2,187        

human services or other responsible agency for any act or acts     2,188        

that also would constitute a violation of division (B)(2), (3),    2,189        

(6), (8), or (19) of this section;                                 2,190        

      (26)  Impairment of ability to practice according to         2,192        

acceptable and prevailing standards of care because of habitual    2,193        

or excessive use or abuse of drugs, alcohol, or other substances   2,194        

that impair ability to practice.                                   2,195        

      For the purposes of this division, any individual            2,197        

authorized to practice by this chapter accepts the privilege of    2,199        

practicing in this state subject to supervision by the board.  By  2,200        

                                                          51     


                                                                 
filing an application for or holding a certificate to practice     2,203        

under this chapter, an individual shall be deemed to have given    2,205        

consent to submit to a mental or physical examination when         2,206        

ordered to do so by the board in writing, and to have waived all   2,207        

objections to the admissibility of testimony or examination        2,208        

reports that constitute privileged communications.                 2,209        

      If it has reason to believe that any individual authorized   2,211        

to practice by this chapter or any applicant for certification to  2,213        

practice suffers such impairment, the board may compel the         2,214        

individual to submit to a mental or physical examination, or       2,215        

both.  The expense of the examination is the responsibility of     2,217        

the individual compelled to be examined.  Any mental or physical   2,219        

examination required under this division shall be undertaken by a  2,220        

treatment provider or physician who is qualified to conduct the    2,221        

examination and who is chosen by the board.                        2,222        

      Failure to submit to a mental or physical examination        2,225        

ordered by the board constitutes an admission of the allegations   2,226        

against the individual unless the failure is due to circumstances  2,227        

beyond the individual's control, and a default and final order     2,228        

may be entered without the taking of testimony or presentation of  2,229        

evidence.  If the board determines that the individual's ability   2,230        

to practice is impaired, the board shall suspend the individual's  2,231        

certificate or deny the individual's application and shall         2,232        

require the individual, as a condition for initial, continued,     2,233        

reinstated, or renewed certification to practice, to submit to     2,235        

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        2,237        

certificate suspended under this division, the impaired            2,239        

practitioner shall demonstrate to the board the ability to resume  2,241        

practice in compliance with acceptable and prevailing standards    2,242        

of care under the provisions of the practitioner's certificate.    2,243        

The demonstration shall include, but shall not be limited to, the  2,245        

following:                                                                      

      (a)  Certification from a treatment provider approved under  2,247        

                                                          52     


                                                                 
section 4731.25 of the Revised Code that the individual has        2,249        

successfully completed any required inpatient treatment;           2,250        

      (b)  Evidence of continuing full compliance with an          2,252        

aftercare contract or consent agreement;                           2,253        

      (c)  Two written reports indicating that the individual's    2,255        

ability to practice has been assessed and that the individual has  2,256        

been found capable of practicing according to acceptable and       2,257        

prevailing standards of care.  The reports shall be made by        2,258        

individuals or providers approved by the board for making the      2,259        

assessments and shall describe the basis for their determination.  2,260        

      The board may reinstate a certificate suspended under this   2,263        

division after that demonstration and after the individual has     2,264        

entered into a written consent agreement.                          2,265        

      When the impaired practitioner resumes practice, the board   2,267        

shall require continued monitoring of the individual.  The         2,269        

monitoring shall include, but not be limited to, compliance with   2,271        

the written consent agreement entered into before reinstatement    2,272        

or with conditions imposed by board order after a hearing, and,    2,273        

upon termination of the consent agreement, submission to the       2,274        

board for at least two years of annual written progress reports    2,275        

made under penalty of perjury stating whether the individual has   2,276        

maintained sobriety.                                               2,277        

      (27)  A second or subsequent violation of section 4731.66    2,279        

or 4731.69 of the Revised Code;                                    2,280        

      (28)  Except as provided in division (N) of this section:    2,282        

      (a)  Waiving the payment of all or any part of a deductible  2,285        

or copayment that a patient, pursuant to a health insurance or     2,286        

health care policy, contract, or plan that covers the              2,287        

individual's services, otherwise would be required to pay if the   2,289        

waiver is used as an enticement to a patient or group of patients  2,290        

to receive health care services from that individual;              2,291        

      (b)  Advertising that the individual will waive the payment  2,294        

of all or any part of a deductible or copayment that a patient,    2,295        

pursuant to a health insurance or health care policy, contract,    2,296        

                                                          53     


                                                                 
or plan that covers the individual's services, otherwise would be  2,298        

required to pay.                                                   2,299        

      (29)  Failure to use universal blood and body fluid          2,301        

precautions established by rules adopted under section 4731.051    2,302        

of the Revised Code;                                               2,303        

      (30)  Failure of a collaborating physician to perform the    2,306        

responsibilities agreed to by the physician in the protocol        2,307        

established between the physician and an advanced practice nurse   2,308        

in accordance with section 4723.56 of the Revised Code;            2,309        

      (31)  Failure to provide notice to, and receive              2,311        

acknowledgment of the notice from, a patient when required by      2,313        

section 4731.143 of the Revised Code prior to providing            2,314        

nonemergency professional services, or failure to maintain that    2,315        

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         2,317        

assistant to maintain supervision in accordance with the           2,318        

requirements of Chapter 4730. of the Revised Code and the rules    2,319        

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to maintain a     2,321        

standard care arrangement with a clinical nurse specialist,        2,322        

certified nurse-midwife, or certified nurse practitioner with      2,323        

whom the physician or podiatrist is in collaboration pursuant to   2,324        

section 4731.27 of the Revised Code and practice in accordance     2,325        

with the arrangement;                                                           

      (34)  Failure to comply with the terms of a consult          2,327        

agreement entered into with a pharmacist pursuant to section       2,328        

4729.39 of the Revised Code;                                       2,329        

      (35)  Failure to cooperate in an investigation conducted by  2,331        

the board under division (F) of this section, including failure    2,333        

to comply with a subpoena or order issued by the board or failure  2,334        

to answer truthfully a question presented by the board at a        2,335        

deposition or in written interrogatories, except that failure to   2,336        

cooperate with an investigation shall not constitute grounds for   2,337        

discipline under this section if a court of competent              2,338        

                                                          54     


                                                                 
jurisdiction has issued an order that either quashes a subpoena    2,339        

or permits the individual to withhold the testimony or evidence    2,340        

in issue.                                                                       

      (C)  Disciplinary actions taken by the board under           2,342        

divisions (A) and (B) of this section shall be taken pursuant to   2,343        

an adjudication under Chapter 119. of the Revised Code, except     2,344        

that in lieu of an adjudication, the board may enter into a        2,345        

consent agreement with an individual to resolve an allegation of   2,346        

a violation of this chapter or any rule adopted under it.  A       2,347        

consent agreement, when ratified by an affirmative vote of not     2,348        

fewer than six members of the board, shall constitute the          2,349        

findings and order of the board with respect to the matter         2,350        

addressed in the agreement.  If the board refuses to ratify a      2,351        

consent agreement, the admissions and findings contained in the    2,352        

consent agreement shall be of no force or effect.                  2,353        

      (D)  For purposes of divisions (B)(10), (12), and (14) of    2,355        

this section, the commission of the act may be established by a    2,356        

finding by the board, pursuant to an adjudication under Chapter    2,358        

119. of the Revised Code, that the individual committed the act.                

The board does not have jurisdiction under those divisions if the  2,361        

trial court renders a final judgment in the individual's favor                  

and that judgment is based upon an adjudication on the merits.     2,364        

The board has jurisdiction under those divisions if the trial      2,365        

court issues an order of dismissal upon technical or procedural    2,366        

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    2,368        

have no effect upon a prior board order entered under this         2,369        

section or upon the board's jurisdiction to take action under      2,370        

this section if, based upon a plea of guilty, a judicial finding   2,372        

of guilt, or a judicial finding of eligibility for treatment in    2,373        

lieu of conviction, the board issued a notice of opportunity for   2,374        

a hearing prior to the court's order to seal the records.  The     2,375        

board shall not be required to seal, destroy, redact, or           2,376        

otherwise modify its records to reflect the court's sealing of     2,377        

                                                          55     


                                                                 
conviction records.                                                2,378        

      (F)(1)  The board shall investigate evidence that appears    2,380        

to show that a person has violated any provision of this chapter   2,382        

or any rule adopted under it.  Any person may report to the board               

in a signed writing any information that the person may have that  2,384        

appears to show a violation of any provision of this chapter or    2,385        

any rule adopted under it.  In the absence of bad faith, any       2,387        

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  2,389        

of the Revised Code shall not be liable in damages in a civil      2,390        

action as a result of the report or testimony.  Each complaint or  2,392        

allegation of a violation received by the board shall be assigned  2,393        

a case number and shall be recorded by the board.                  2,394        

      (2)  Investigations of alleged violations of this chapter    2,396        

or any rule adopted under it shall be supervised by the            2,398        

supervising member elected by the board in accordance with         2,399        

section 4731.02 of the Revised Code and by the secretary as        2,400        

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         2,402        

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         2,404        

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   2,407        

or any rule adopted under this chapter, the board may administer   2,409        

oaths, order the taking of depositions, issue subpoenas, and       2,410        

compel the attendance of witnesses and production of books,        2,411        

accounts, papers, records, documents, and testimony, except that   2,412        

a subpoena for patient record information shall not be issued      2,413        

without consultation with the attorney general's office and        2,414        

approval of the secretary and supervising member of the board.     2,416        

Before issuance of a subpoena for patient record information, the  2,417        

secretary and supervising member shall determine whether there is  2,420        

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    2,421        

                                                          56     


                                                                 
the records sought are relevant to the alleged violation and       2,423        

material to the investigation.  The subpoena may apply only to     2,424        

records that cover a reasonable period of time surrounding the     2,425        

alleged violation.                                                 2,426        

      On failure to comply with any subpoena issued by the board   2,429        

and after reasonable notice to the person being subpoenaed, the    2,430        

board may move for an order compelling the production of persons   2,431        

or records pursuant to the Rules of Civil Procedure.               2,432        

      A subpoena issued by the board may be served by a sheriff,   2,434        

the sheriff's deputy, or a board employee designated by the        2,435        

board.  Service of a subpoena issued by the board may be made by   2,437        

delivering a copy of the subpoena to the person named therein,     2,438        

reading it to the person, or leaving it at the person's usual      2,439        

place of residence.  When the person being served is a person      2,440        

whose practice is authorized by this chapter, service of the       2,441        

subpoena may be made by certified mail, restricted delivery,       2,442        

return receipt requested, and the subpoena shall be deemed served  2,443        

on the date delivery is made or the date the person refuses to     2,444        

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   2,446        

same fees as a sheriff.  Each witness who appears before the       2,448        

board in obedience to a subpoena shall receive the fees and        2,450        

mileage provided for witnesses in civil cases in the courts of     2,451        

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   2,453        

considered civil actions for the purposes of section 2305.251 of   2,454        

the Revised Code.                                                  2,455        

      (5)  Information received by the board pursuant to an        2,457        

investigation is confidential and not subject to discovery in any  2,458        

civil action.                                                      2,459        

      The board shall conduct all investigations and proceedings   2,461        

in a manner that protects the confidentiality of patients and      2,463        

persons who file complaints with the board.  The board shall not   2,465        

make public the names or any other identifying information about   2,466        

                                                          57     


                                                                 
patients or complainants unless proper consent is given or, in     2,467        

the case of a patient, a waiver of the patient privilege exists    2,468        

under division (B) of section 2317.02 of the Revised Code, except  2,469        

that consent or a waiver of that nature is not required if the     2,470        

board possesses reliable and substantial evidence that no bona     2,472        

fide physician-patient relationship exists.                        2,473        

      The board may share any information it receives pursuant to  2,476        

an investigation, including patient records and patient record     2,477        

information, with other licensing boards and governmental          2,478        

agencies that are investigating alleged professional misconduct    2,479        

and with law enforcement agencies and other governmental agencies  2,481        

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  2,482        

the same requirements regarding confidentiality as those with      2,483        

which the state medical board must comply, notwithstanding any     2,484        

conflicting provision of the Revised Code or procedure of the      2,486        

board or agency that applies when the board or agency is dealing                

with other information in its possession.  The information may be  2,488        

admitted into evidence in a criminal trial in accordance with the  2,489        

Rules of Evidence, but the court shall require that appropriate    2,490        

measures are taken to ensure that confidentiality is maintained    2,491        

with respect to any part of the information that contains names    2,492        

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     2,493        

when the information was in the board's possession.  Measures to   2,494        

ensure confidentiality that may be taken by the court include      2,495        

sealing its records or deleting specific information from its      2,497        

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  2,499        

that documents the disposition of all cases during the preceding   2,500        

three months.  The report shall contain the following information  2,501        

for each case with which the board has completed its activities:   2,502        

      (a)  The case number assigned to the complaint or alleged    2,504        

violation;                                                         2,505        

                                                          58     


                                                                 
      (b)  The type of certificate to practice, if any, held by    2,508        

the individual against whom the complaint is directed;             2,509        

      (c)  A description of the allegations contained in the       2,511        

complaint;                                                         2,512        

      (d)  The disposition of the case.                            2,514        

      The report shall state how many cases are still pending and  2,517        

shall be prepared in a manner that protects the identity of each   2,519        

person involved in each case.  The report shall be a public        2,520        

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  2,522        

there is clear and convincing evidence that an individual has      2,524        

violated division (B) of this section and that the individual's    2,525        

continued practice presents a danger of immediate and serious      2,527        

harm to the public, they may recommend that the board suspend the  2,528        

individual's certificate to practice without a prior hearing.      2,530        

Written allegations shall be prepared for consideration by the                  

board.                                                             2,531        

      The board, upon review of those allegations and by an        2,533        

affirmative vote of not fewer than six of its members, excluding   2,535        

the secretary and supervising member, may suspend a certificate    2,536        

without a prior hearing.  A telephone conference call may be       2,537        

utilized for reviewing the allegations and taking the vote on the  2,538        

summary suspension.                                                2,539        

      The board shall issue a written order of suspension by       2,541        

certified mail or in person in accordance with section 119.07 of   2,542        

the Revised Code.  The order shall not be subject to suspension    2,544        

by the court during pendency of any appeal filed under section     2,545        

119.12 of the Revised Code.  If the individual subject to the      2,547        

summary suspension requests an adjudicatory hearing by the board,  2,548        

the date set for the hearing shall be within fifteen days, but     2,549        

not earlier than seven days, after the individual requests the     2,551        

hearing, unless otherwise agreed to by both the board and the      2,552        

individual.                                                                     

      Any summary suspension imposed under this division shall     2,554        

                                                          59     


                                                                 
remain in effect, unless reversed on appeal, until a final         2,555        

adjudicative order issued by the board pursuant to this section    2,556        

and Chapter 119. of the Revised Code becomes effective.  The       2,557        

board shall issue its final adjudicative order within sixty days   2,558        

after completion of its hearing.  A failure to issue the order     2,559        

within sixty days shall result in dissolution of the summary       2,560        

suspension order but shall not invalidate any subsequent, final    2,561        

adjudicative order.                                                2,562        

      (H)  If the board takes action under division (B)(9), (11),  2,565        

or (13) of this section and the judicial finding of guilt, guilty  2,566        

plea, or judicial finding of eligibility for treatment in lieu of  2,567        

conviction is overturned on appeal, upon exhaustion of the         2,569        

criminal appeal, a petition for reconsideration of the order may   2,570        

be filed with the board along with appropriate court documents.    2,571        

Upon receipt of a petition of that nature and supporting court     2,572        

documents, the board shall reinstate the individual's certificate  2,573        

to practice.  The board may then hold an adjudication under        2,574        

Chapter 119. of the Revised Code to determine whether the          2,575        

individual committed the act in question.  Notice of an            2,577        

opportunity for a hearing shall be given in accordance with        2,578        

Chapter 119. of the Revised Code.  If the board finds, pursuant    2,579        

to an adjudication held under this division, that the individual   2,580        

committed the act or if no hearing is requested, the board may     2,582        

order any of the sanctions identified under division (B) of this   2,583        

section.                                                                        

      (I)  The certificate to practice issued to an individual     2,585        

under this chapter and the individual's practice in this state     2,587        

are automatically suspended as of the date the individual pleads                

guilty to, is found by a judge or jury to be guilty of, or is      2,589        

subject to a judicial finding of eligibility for treatment in      2,590        

lieu of conviction for any of the following criminal offenses in   2,592        

this state or a substantially equivalent criminal offense in       2,593        

another jurisdiction: aggravated murder, murder, voluntary         2,594        

manslaughter, felonious assault, kidnapping, rape, sexual          2,595        

                                                          60     


                                                                 
battery, gross sexual imposition, aggravated arson, aggravated     2,596        

robbery, or aggravated burglary.  Continued practice after         2,598        

suspension shall be considered practicing without a certificate.   2,599        

      The board shall notify the individual subject to the         2,602        

suspension by certified mail or in person in accordance with       2,603        

section 119.07 of the Revised Code.  If an individual whose        2,604        

certificate is suspended under this division fails to make a       2,605        

timely request for an adjudication under Chapter 119. of the       2,606        

Revised Code, the board shall enter a final order permanently      2,607        

revoking the individual's certificate to practice.                 2,608        

      (J)  If the board is required by Chapter 119. of the         2,611        

Revised Code to give notice of an opportunity for a hearing and    2,612        

if the individual subject to the notice does not timely request a  2,613        

hearing in accordance with section 119.07 of the Revised Code,     2,615        

the board is not required to hold a hearing, but may adopt, by an  2,616        

affirmative vote of not fewer than six of its members, a final     2,618        

order that contains the board's findings.  In that final order,    2,619        

the board may order any of the sanctions identified under          2,620        

division (A) or (B) of this section.                               2,621        

      (K)  Any action taken by the board under division (B) of     2,623        

this section resulting in a suspension from practice shall be      2,624        

accompanied by a written statement of the conditions under which   2,625        

the individual's certificate to practice may be reinstated.  The   2,627        

board shall adopt rules governing conditions to be imposed for     2,628        

reinstatement.  Reinstatement of a certificate suspended pursuant  2,629        

to division (B) of this section requires an affirmative vote of    2,630        

not fewer than six members of the board.                           2,631        

      (L)  When the board refuses to grant a certificate to an     2,634        

applicant, revokes an individual's certificate to practice,        2,636        

refuses to register an applicant, or refuses to reinstate an       2,637        

individual's certificate to practice, the board may specify that   2,638        

its action is permanent.  An individual subject to a permanent     2,639        

action taken by the board is forever thereafter ineligible to      2,640        

hold a certificate to practice and the board shall not accept an   2,641        

                                                          61     


                                                                 
application for reinstatement of the certificate or for issuance   2,642        

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      2,644        

Code, all of the following apply:                                  2,645        

      (1)  The surrender of a certificate issued under this        2,647        

chapter shall not be effective unless or until accepted by the     2,649        

board.  Reinstatement of a certificate surrendered to the board    2,650        

requires an affirmative vote of not fewer than six members of the  2,651        

board.                                                                          

      (2)  An application for a certificate made under the         2,654        

provisions of this chapter may not be withdrawn without approval   2,656        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      2,659        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     2,661        

under this section against the individual.                         2,662        

      (N)  Sanctions shall not be imposed under division (B)(28)   2,665        

of this section against any person who waives deductibles and      2,666        

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         2,668        

expressly allows such a practice.  Waiver of the deductibles or    2,669        

copayments shall be made only with the full knowledge and consent  2,670        

of the plan purchaser, payer, and third-party administrator.       2,671        

Documentation of the consent shall be made available to the board  2,672        

upon request.                                                                   

      (2)  For professional services rendered to any other person  2,674        

authorized to practice pursuant to this chapter, to the extent     2,676        

allowed by this chapter and rules adopted by the board.            2,677        

      (O)  Under the board's investigative duties described in     2,679        

this section and subject to division (F) of this section, the      2,681        

board shall develop and implement a quality intervention program   2,683        

designed to improve through remedial education the clinical and    2,685        

communication skills of individuals authorized under this chapter  2,686        

to practice medicine and surgery, osteopathic medicine and                      

                                                          62     


                                                                 
surgery, and podiatry.  In developing and implementing the         2,688        

quality intervention program, the board may do all of the          2,689        

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   2,691        

an educational and assessment program pursuant to an               2,692        

investigation the board conducts under this section;               2,693        

      (2)  Select providers of educational and assessment          2,695        

services, including a quality intervention program panel of case   2,696        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    2,699        

providers and approve individual educational programs recommended  2,700        

by those providers.  The board shall monitor the progress of each  2,701        

individual undertaking a recommended individual educational        2,702        

program.                                                           2,703        

      (4)  Determine what constitutes successful completion of an  2,705        

individual educational program and require further monitoring of   2,706        

the individual who completed the program or other action that the  2,708        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      2,710        

Revised Code to further implement the quality intervention         2,712        

program.                                                                        

      An individual who participates in an individual educational  2,715        

program pursuant to this division shall pay the financial          2,716        

obligations arising from that educational program.                 2,717        

      Sec. 5101.141.  (A)  The department of human services shall  2,727        

act as the single state agency to administer federal payments for  2,728        

foster care and adoption assistance made pursuant to Title IV-E    2,729        

of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670        2,730        

(1980), as amended, and shall adopt rules to implement this                     

authority.  Internal management rules governing financial and      2,732        

administrative requirements applicable to public children          2,733        

services agencies, PRIVATE CHILD PLACING AGENCIES, AND PRIVATE     2,734        

NONCUSTODIAL AGENCIES shall be adopted in accordance with section  2,735        

111.15 of the Revised Code.  Rules establishing eligibility,       2,738        

                                                          63     


                                                                 
program participation, and other requirements shall be adopted in  2,739        

accordance with Chapter 119. of the Revised Code.  A public                     

children services agency to which the department distributes       2,740        

Title IV-E funds shall administer the funds in accordance with     2,742        

those rules.                                                       2,743        

      (B)(1)  The county, on behalf of each child eligible for     2,746        

foster care maintenance payments under Title IV-E of the "Social   2,747        

Security Act," shall make payments to cover the cost of providing  2,748        

all of the following:                                                           

      (a)  The child's food, clothing, shelter, daily              2,750        

supervision, and school supplies;                                  2,751        

      (b)  The child's personal incidentals;                       2,753        

      (c)  Reasonable travel to the child's home for visitation.   2,755        

      (2)  In addition to payments made under division (B)(1) of   2,757        

this section, the county may, on behalf of each child eligible     2,758        

for foster care maintenance payments under Title IV-E of the       2,762        

"Social Security Act," make payments to cover the cost of          2,765        

providing the following:                                                        

      (a)  Liability insurance with respect to the child;          2,768        

      (b)  If the county is participating in the demonstration     2,771        

project established under division (A) of section 5101.142 of the  2,772        

Revised Code, services provided under the project.                 2,773        

      (3)  With respect to a child who is in a child-care          2,775        

institution, including any type of group home designed for the     2,776        

care of children or any privately operated program consisting of   2,777        

two or more family foster homes operated by a common               2,778        

administrative unit, the foster care maintenance payments made by  2,779        

the county on behalf of the child shall include the reasonable     2,780        

cost of the administration and operation of the institution,       2,781        

group home, or program, as necessary to provide the items          2,782        

described in division DIVISIONS (B)(1) and (2) of this section.    2,783        

      (C)  To the extent that either foster care maintenance       2,785        

payments under division (B) of this section or Title IV-E          2,786        

adoption assistance payments for maintenance costs require the     2,787        

                                                          64     


                                                                 
expenditure of county funds, the board of county commissioners     2,788        

shall report the nature and amount of each expenditure of county   2,789        

funds to the department.                                           2,790        

      (D)  The department shall distribute to public children      2,793        

services agencies that incur and report such expenditures federal  2,794        

financial participation received for administrative and training   2,795        

costs incurred in the operation of foster care maintenance and     2,796        

adoption assistance programs.  The department may withhold not     2,797        

more than two per cent of the federal financial participation      2,798        

received.  The funds withheld shall be in addition to any          2,799        

administration and training cost for which the department is       2,800        

reimbursed through its own cost allocation plan.                   2,801        

      (E)  All federal funds received by a county pursuant to      2,803        

this section shall be deposited into the county's children         2,804        

services fund created pursuant to section 5101.144 of the Revised  2,806        

Code.                                                                           

      (F)  The department shall periodically publish and           2,809        

distribute the maximum amounts that the department will reimburse  2,810        

public children services agencies for making payments on behalf    2,811        

of children eligible for foster care maintenance payments.                      

      (G)  The department, by and through its director, is hereby  2,813        

authorized to develop, participate in the development of,          2,814        

negotiate, and enter into one or more interstate compacts on       2,815        

behalf of this state with agencies of any other states, for the    2,816        

provision of medical assistance and other social services to       2,817        

children in relation to whom all of the following apply:                        

      (1)  They have special needs.                                2,819        

      (2)  This state or another state that is a party to the      2,821        

interstate compact is providing adoption assistance on their       2,822        

behalf.                                                                         

      (3)  They move into this state from another state or move    2,824        

out of this state to another state.                                2,825        

      Sec. 5101.145.  (A)  FOR THE PURPOSES OF THIS SECTION,       2,827        

"TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94     2,832        

                                                          65     


                                                                 
STAT. 501, 42 U.S.C.A. 670 (1980).                                 2,833        

      (B)  IN ADOPTING RULES UNDER SECTION 5101.141 OF THE         2,836        

REVISED CODE REGARDING FINANCIAL REQUIREMENTS APPLICABLE TO        2,837        

PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING           2,838        

AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES, THE DEPARTMENT OF     2,839        

HUMAN SERVICES SHALL ESTABLISH BOTH OF THE FOLLOWING:              2,840        

      (1)  A SINGLE FORM FOR PRIVATE CHILD PLACING AGENCIES AND    2,842        

PRIVATE NONCUSTODIAL AGENCIES TO REPORT COSTS REIMBURSABLE UNDER   2,843        

TITLE IV-E AND COSTS REIMBURSABLE UNDER MEDICAID;                  2,845        

      (2)  PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY         2,847        

PRIVATE CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL AGENCIES.  2,848        

      Sec. 5101.146.  THE DEPARTMENT OF HUMAN SERVICES SHALL       2,850        

ESTABLISH THE FOLLOWING PENALTIES, WHICH SHALL BE ENFORCED AT THE  2,851        

DISCRETION OF THE DEPARTMENT, FOR THE FAILURE OF A PUBLIC          2,852        

CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR         2,853        

PRIVATE NONCUSTODIAL AGENCY TO COMPLY WITH PROCEDURES THE          2,854        

DEPARTMENT ESTABLISHES TO ENSURE FISCAL ACCOUNTABILITY:            2,855        

      (A)  FOR INITIAL FAILURE, THE DEVELOPMENT AND                2,857        

IMPLEMENTATION OF A CORRECTIVE ACTION PLAN ACCORDING TO A          2,858        

SPECIFIC SCHEDULE;                                                              

      (B)  FOR SUBSEQUENT FAILURES OR FAILURE TO ACHIEVE THE       2,860        

GOALS OF THE PLAN DESCRIBED IN DIVISION (A) OF THIS SECTION,       2,861        

EITHER OF THE FOLLOWING:                                           2,862        

      (1)  FOR PUBLIC CHILDREN SERVICES AGENCIES, WITHHOLDING OF   2,864        

TITLE IV-E FUNDS;                                                  2,865        

      (2)  FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE           2,867        

NONCUSTODIAL AGENCIES, LOSS OF REIMBURSEMENT FOR TWO YEARS.        2,868        

      Sec. 5101.147.  THE STATEWIDE AUTOMATED CHILD WELFARE        2,870        

INFORMATION SYSTEM THE DEPARTMENT OF HUMAN SERVICES DEVELOPS       2,871        

SHALL COLLECT AND MAINTAIN INFORMATION CONCERNING CHILD WELFARE    2,872        

SERVICES PROVIDED TO CHILDREN REPORTED TO BE ABUSED OR NEGLECTED   2,873        

OR AT RISK OF ABUSE OR NEGLECT.                                    2,874        

      Sec. 5153.171.  (A)  ON RECEIPT BY A PUBLIC CHILDREN         2,877        

SERVICES AGENCY OF A REQUEST FOR THE RELEASE OF INFORMATION ABOUT  2,878        

                                                          66     


                                                                 
A CHILD UNDER EIGHTEEN YEARS OF AGE WHO WAS A RESIDENT OF THE      2,879        

COUNTY SERVED BY THE AGENCY AT THE TIME OF DEATH AND WHOSE DEATH   2,880        

MAY HAVE BEEN CAUSED BY ABUSE, NEGLECT, OR OTHER CRIMINAL          2,881        

CONDUCT, THE DIRECTOR OF THE AGENCY IMMEDIATELY SHALL CONFER WITH  2,883        

THE PROSECUTING ATTORNEY OF THAT COUNTY.  AFTER THE EXECUTIVE                   

DIRECTOR CONFERS WITH THE PROSECUTING ATTORNEY, THE FOLLOWING      2,885        

APPLY:                                                                          

      (1)  IF THE PROSECUTING ATTORNEY INTENDS TO PROSECUTE A      2,888        

PERSON FOR CAUSING THE CHILD'S DEATH, THE PROSECUTING ATTORNEY     2,889        

SHALL DETERMINE THE INFORMATION DESCRIBED IN DIVISION (A) OF       2,891        

SECTION 5153.172 OF THE REVISED CODE THAT MAY BE RELEASED, IF      2,892        

ANY, AND NOTIFY THE DIRECTOR OF THE INTENT TO PROSECUTE AND THE    2,893        

DETERMINATION OF WHAT INFORMATION MAY BE RELEASED.  EXCEPT AS      2,894        

PROVIDED IN SECTION 5153.173 OF THE REVISED CODE, ON RECEIPT OF    2,895        

THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION THE         2,896        

PROSECUTOR DETERMINES MAY BE RELEASED AND NO OTHER INFORMATION.    2,897        

      (2)  IF THE PROSECUTING ATTORNEY DOES NOT INTEND TO          2,900        

PROSECUTE A PERSON FOR CAUSING THE DEATH OF THE CHILD, THE         2,901        

PROSECUTING ATTORNEY SHALL NOTIFY THE DIRECTOR THAT NO             2,902        

PROSECUTION IS INTENDED.  EXCEPT AS PROVIDED IN SECTION 5153.173   2,903        

OF THE REVISED CODE, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL  2,904        

RELEASE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION       2,905        

5153.172 OF THE REVISED CODE.                                                   

      (B)  A PUBLIC CHILDREN SERVICES AGENCY DIRECTOR WHO          2,908        

RELEASES INFORMATION IN ACCORDANCE WITH THIS SECTION IN GOOD       2,909        

FAITH SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR      2,910        

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED OR IMPOSED   2,911        

AS A RESULT OF PROVISION OF THE INFORMATION.                       2,912        

      Sec. 5153.172.  (A)  NOTWITHSTANDING SECTIONS 2151.421,      2,915        

3701.243, 5153.17, AND ANY OTHER SECTION OF THE REVISED CODE       2,917        

PERTAINING TO CONFIDENTIALITY AND UNLESS PRECLUDED BY SECTION      2,919        

5153.173 OF THE REVISED CODE, THE DIRECTOR SHALL DISCLOSE THE      2,920        

FOLLOWING INFORMATION CONCERNING A DECEASED CHILD IN ACCORDANCE    2,921        

WITH SECTION 5153.171 OF THE REVISED CODE:                                      

                                                          67     


                                                                 
      (1)  THE CHILD'S NAME;                                       2,923        

      (2)  A SUMMARY REPORT OF THE CHRONOLOGY OF ABUSE OR NEGLECT  2,926        

REPORTS MADE PURSUANT TO SECTION 2151.421 OF THE REVISED CODE OF   2,928        

WHICH THE DECEASED CHILD IS THE SUBJECT AND THE FINAL DISPOSITION  2,929        

OF THE INVESTIGATIONS OF THE REPORTS OR, IF INVESTIGATIONS HAVE    2,930        

NOT BEEN COMPLETED, THE STATUS OF ANY INVESTIGATIONS;              2,931        

      (3)  SERVICES PROVIDED TO OR PURCHASED FOR THE CHILD OR TO   2,933        

WHICH THE CHILD WAS REFERRED BY A PUBLIC CHILDREN SERVICES         2,935        

AGENCY;                                                            2,936        

      (4)  ACTIONS TAKEN BY A PUBLIC CHILDREN SERVICES AGENCY IN   2,939        

RESPONSE TO ANY REPORT OF ABUSE OR NEGLECT OF WHICH THE CHILD WAS  2,940        

THE SUBJECT.                                                                    

      (B)  NO PERSON MAY RELEASE, PURSUANT TO A REQUEST MADE       2,944        

UNDER THIS SECTION CONCERNING A DECEASED CHILD, THE NAME OF ANY    2,945        

PERSON OR ENTITY THAT MADE A REPORT OR PARTICIPATED IN MAKING A    2,946        

REPORT OF CHILD ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE        2,947        

SUBJECT; THE NAMES OF THE PARENTS OR SIBLINGS OF THE CHILD; THE    2,948        

CONTENTS OF ANY PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC,           2,949        

CLINICAL, OR MEDICAL REPORTS OR EVALUATIONS REGARDING THE CHILD;   2,951        

WITNESS STATEMENTS; POLICE OR OTHER INVESTIGATIVE REPORTS; OR ANY  2,952        

OTHER INFORMATION OTHER THAN THE INFORMATION THAT MAY BE RELEASED  2,953        

IN ACCORDANCE WITH THIS SECTION.                                                

      Sec. 5153.173.  (A)  THE DIRECTOR SHALL NOT DISCLOSE ANY     2,955        

INFORMATION PURSUANT TO SECTION 5153.172 OF THE REVISED CODE IF    2,956        

ONE OF THE FOLLOWING JUDGES OF THE COMMON PLEAS COURT OF THE       2,957        

COUNTY THE DECEASED CHILD RESIDED IN AT THE TIME OF DEATH          2,958        

DETERMINES, ON MOTION OF THE PUBLIC CHILDREN SERVICES AGENCY,      2,959        

THAT DISCLOSING THE INFORMATION WOULD NOT BE IN THE BEST INTEREST  2,960        

OF A SIBLING OF THE DECEASED CHILD OR ANOTHER CHILD RESIDING IN    2,961        

THE HOUSEHOLD THE CHILD RESIDED IN AT THE TIME OF DEATH:           2,963        

      (1)  IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED,  2,966        

NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON    2,967        

PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS      2,968        

MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE    2,969        

                                                          68     


                                                                 
COUNTY;                                                                         

      (2)  IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED,        2,972        

NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS       2,973        

COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT:    2,974        

      (a)  IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT   2,977        

MAKE THE PRIOR ADJUDICATION, THAT JUDGE;                                        

      (b)  IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE  2,980        

PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT         2,981        

PURSUANT TO DIVISION (B) OF THIS SECTION;                          2,982        

      (c)  IF THE COURT HAS A PROBATE DIVISION THAT IS NOT         2,985        

COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE                      

DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON       2,986        

PLEAS JUDGE OF THE COUNTY;                                         2,987        

      (d)  IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED    2,990        

WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED     2,991        

DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;          2,992        

      (e)  IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE    2,995        

OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE    2,996        

PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST  2,997        

SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE         2,998        

COUNTY.                                                                         

      (B)  IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN  3,001        

ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR  3,002        

DEPENDENT CHILD, ON THE FILING OF A MOTION PURSUANT TO DIVISION    3,003        

(A) OF THIS SECTION, THE COURT SHALL IMMEDIATELY NOTIFY THE        3,004        

SUPREME COURT.  NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE     3,005        

MOTION IS FILED BY THE PUBLIC CHILDREN SERVICES AGENCY, THE        3,006        

SUPREME COURT SHALL APPOINT A JUDGE TO MAKE A DETERMINATION ON     3,007        

THE MOTION PURSUANT TO DIVISION (A) OF THIS SECTION.               3,009        

      Section 2.  That existing sections 117.13, 121.22, 149.43,   3,011        

305.14, 2151.421, 2317.02, 4731.22, and 5101.141 of the Revised    3,012        

Code are hereby repealed.                                          3,013        

      Section 3.  Section 2151.421 of the Revised Code is          3,015        

presented in this act as a composite of the section as amended by  3,016        

                                                          69     


                                                                 
both Sub. H.B. 606 and Am. Sub. S.B. 212 of the 122nd General      3,017        

Assembly, with the new language of neither of the acts shown in    3,019        

capital letters.  This is in recognition of the principle stated   3,020        

in division (B) of section 1.52 of the Revised Code that such      3,021        

amendments are to be harmonized where not substantively            3,022        

irreconcilable and constitutes a legislative finding that such is  3,023        

the resulting version in effect prior to the effective date of     3,024        

this act.