As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 534 5
1999-2000 6
REPRESENTATIVES SALERNO-CALVERT-GOODMAN-KREBS-LOGAN-R. MILLER- 8
MOTTLEY-TERWILLEGER-VAN VYVEN-VERICH 9
_________________________________________________________________ 10
A B I L L
To enact sections 3705.30, 3705.31, 3705.32, 12
3705.33, 3705.34, and 3705.35 of the Revised Code 13
to require the Director of Health to establish a 14
Birth Defects Information System and to repeal
section 3705.34 four years after the effective 15
date of this act in compliance with agency sunset 16
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 3705.30, 3705.31, 3705.32, 20
3705.33, 3705.34, and 3705.35 of the Revised Code be enacted to 21
read as follows:
Sec. 3705.30. THE DIRECTOR OF HEALTH SHALL ESTABLISH A 23
STATEWIDE BIRTH DEFECTS INFORMATION SYSTEM FOR THE COLLECTION OF 24
INFORMATION CONCERNING CONGENITAL ANOMALIES, STILLBIRTHS, AND 25
ABNORMAL CONDITIONS OF NEWBORNS. 26
(A) THE DIRECTOR MAY REQUIRE EACH HOSPITAL CLASSIFIED AS A 29
GENERAL HOSPITAL UNDER SECTION 3701.07 OF THE REVISED CODE AND 30
EACH FREESTANDING BIRTHING CENTER, AS DEFINED IN SECTION 3702.51 31
OF THE REVISED CODE, TO REPORT TO THE SYSTEM INFORMATION 32
CONCERNING ALL PATIENTS UNDER FIVE YEARS OF AGE WITH A PRIMARY 33
DIAGNOSIS OF A CONGENITAL ANOMALY OR ABNORMAL CONDITION. 34
(B) ON REQUEST, EACH GENERAL HOSPITAL AND FREESTANDING 36
BIRTHING CENTER SHALL GIVE THE DIRECTOR OR APPROPRIATE EMPLOYEES 38
OF THE DEPARTMENT OF HEALTH ACCESS TO THE MEDICAL RECORDS OF ANY 39
PATIENT DESCRIBED IN DIVISION (A) OF THIS SECTION. THE 40
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DEPARTMENT SHALL PAY THE COSTS OF COPYING ANY MEDICAL RECORDS 41
PURSUANT TO THIS DIVISION. 42
(C) THE DIRECTOR MAY REVIEW VITAL STATISTICS RECORDS AND 44
SHALL CONSIDER EXPANDING THE LIST OF CONGENITAL ANOMALIES AND 45
ABNORMAL CONDITIONS OF NEWBORNS REPORTED ON BIRTH CERTIFICATES 46
PURSUANT TO SECTION 3705.08 OF THE REVISED CODE. 47
(D) A HOSPITAL OR BIRTHING CENTER THAT PROVIDES 49
INFORMATION TO THE SYSTEM PURSUANT TO THIS SECTION SHALL NOT BE 50
SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR PROVIDING THE 52
INFORMATION.
Sec. 3705.31. THE BIRTH DEFECTS INFORMATION SYSTEM 54
ESTABLISHED UNDER SECTION 3705.30 OF THE REVISED CODE MAY BE USED 55
FOR ALL OF THE FOLLOWING PURPOSES: 57
(A) TO IDENTIFY AND DESCRIBE CONGENITAL ANOMALIES, 59
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 60
(B) TO DETECT TRENDS AND EPIDEMICS IN CONGENITAL 62
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 63
(C) TO QUANTIFY MORBIDITY AND MORTALITY OF CONGENITAL 65
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 66
(D) TO STIMULATE EPIDEMIOLOGICAL RESEARCH REGARDING 68
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 69
NEWBORNS;
(E) TO IDENTIFY RISK FACTORS FOR CONGENITAL ANOMALIES, 71
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 72
(F) TO FACILITATE INTERVENTION IN AND PREVENTION OF 74
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 75
NEWBORNS;
(G) TO FACILITATE ACCESS TO TREATMENT FOR CONGENITAL 77
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 78
(H) TO INFORM AND EDUCATE THE PUBLIC ABOUT CONGENITAL 80
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS. 81
Sec. 3705.32. (A) EXCEPT AS PROVIDED IN THIS SECTION, 83
INFORMATION ASSEMBLED BY THE BIRTH DEFECTS INFORMATION SYSTEM 84
PURSUANT TO SECTION 3705.30 OF THE REVISED CODE IS CONFIDENTIAL. 85
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(B)(1) THE DIRECTOR OF HEALTH MAY USE INFORMATION 87
ASSEMBLED BY THE SYSTEM TO NOTIFY PARENTS, GUARDIANS, AND 88
CUSTODIANS OF CHILDREN WITH CONGENITAL ANOMALIES OR ABNORMAL 89
CONDITIONS OF MEDICAL CARE AND OTHER SERVICES AVAILABLE FOR THE 90
CHILD AND FAMILY. 91
(2) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 93
SYSTEM WITH THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN 94
OF THE CHILD WHO IS THE SUBJECT OF THE INFORMATION. 95
(C)(1) ACCESS TO INFORMATION ASSEMBLED BY THE SYSTEM SHALL 97
BE LIMITED TO THE FOLLOWING PERSONS AND GOVERNMENT ENTITIES: 98
(a) THE DIRECTOR OF HEALTH; 100
(b) APPROPRIATE EMPLOYEES OF THE DEPARTMENT OF HEALTH; 102
(c) QUALIFIED PERSONS OR GOVERNMENT ENTITIES THAT ARE 104
ENGAGED IN DEMOGRAPHIC, EPIDEMIOLOGICAL, OR SIMILAR STUDIES 105
RELATED TO HEALTH AND HEALTH CARE PROVISION. 106
(2) THE DIRECTOR SHALL GIVE A PERSON OR GOVERNMENT ENTITY 109
DESCRIBED IN DIVISION (C)(1)(c) OF THIS SECTION ACCESS TO THE 110
SYSTEM ONLY IF THE PERSON OR A REPRESENTATIVE OF THE PERSON OR 111
GOVERNMENT ENTITY SIGNS AN AGREEMENT TO MAINTAIN THE SYSTEM'S 112
CONFIDENTIALITY.
(3) THE DIRECTOR SHALL MAINTAIN A RECORD OF ALL PERSONS 114
AND GOVERNMENT ENTITIES GIVEN ACCESS TO THE INFORMATION IN THE 115
SYSTEM THE RECORD SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION: 116
(a) THE NAME OF THE PERSON WHO AUTHORIZED ACCESS TO THE 118
SYSTEM; 119
(b) THE NAME, TITLE, AND ORGANIZATIONAL AFFILIATION OF THE 121
PERSON OR GOVERNMENT ENTITY GIVEN ACCESS TO THE SYSTEM; 122
(c) THE DATES THE PERSON OR GOVERNMENT ENTITY WAS GIVEN 124
ACCESS TO THE SYSTEM; 125
(d) THE SPECIFIC PURPOSE FOR WHICH THE PERSON OR 127
GOVERNMENT ENTITY INTENDS TO USE THE INFORMATION. 129
(4) THE RECORD MAINTAINED PURSUANT TO DIVISION (C)(3) OF 131
THIS SECTION IS A PUBLIC RECORD, AS DEFINED IN SECTION 149.43 OF 132
THE REVISED CODE. 133
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(5) A PERSON WHO VIOLATES AN AGREEMENT DESCRIBED IN 135
DIVISION (C)(2) OF THIS SECTION MAY BE DENIED FURTHER ACCESS TO 136
CONFIDENTIAL INFORMATION MAINTAINED BY THE DIRECTOR. 137
(D) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 139
SYSTEM IN SUMMARY, STATISTICAL, OR OTHER FORM THAT DOES NOT 140
IDENTIFY PARTICULAR INDIVIDUALS OR INDIVIDUAL SOURCES OF 141
INFORMATION.
Sec. 3705.33. A CHILD'S PARENT OR LEGAL GUARDIAN WHO WANTS 143
INFORMATION CONCERNING THE CHILD REMOVED FROM THE BIRTH DEFECTS 144
INFORMATION SYSTEM SHALL REQUEST FROM THE CHILD'S PHYSICIAN A 145
FORM PREPARED BY THE DIRECTOR OF HEALTH. ON REQUEST, A PHYSICIAN 146
SHALL PROVIDE THE FORM TO THE CHILD'S PARENT OR LEGAL GUARDIAN 147
AND DISCUSS WITH THE CHILD'S PARENT OR LEGAL GUARDIAN THE 148
INFORMATION CONTAINED IN THE SYSTEM. IF THE CHILD'S PARENT OR 149
LEGAL GUARDIAN SIGNS THE FORM, THE PHYSICIAN SHALL FORWARD IT TO 150
THE DIRECTOR. ON RECEIPT OF THE SIGNED FORM, THE DIRECTOR SHALL 151
REMOVE ALL INFORMATION CONCERNING THE CHILD FROM THE SYSTEM. 152
Sec. 3705.34. THE DIRECTOR OF HEALTH SHALL APPOINT A 154
COUNCIL TO ADVISE ON THE IMPLEMENTATION OF THE BIRTH DEFECTS 155
INFORMATION SYSTEM. 156
(A) THE COUNCIL SHALL INCLUDE, AT A MINIMUM, PERSONS 158
REPRESENTING EACH OF THE FOLLOWING INTERESTS: 159
(1) OBSTETRICS AND GYNECOLOGY; 161
(2) PEDIATRICS; 163
(3) GENETICS; 165
(4) EPIDEMIOLOGY; 167
(5) BIOSTATISTICS; 169
(6) HOSPITAL ADMINISTRATION; 171
(7) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 173
DISABILITIES; 174
(8) THE DEPARTMENT OF EDUCATION; 176
(9) THE DEPARTMENT OF HUMAN SERVICES; 178
(10) PARENTS OF CHILDREN WITH CONGENITAL ANOMALIES OR 180
ABNORMAL CONDITIONS; 181
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(11) THE PUBLIC. 183
(B)(1) THE COUNCIL SHALL CONVENE FOR ITS FIRST MEETING NO 185
LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 187
IN CONSULTATION WITH AND WITH THE APPROVAL OF THE COUNCIL, THE 188
DIRECTOR SHALL APPOINT, AT THE FIRST MEETING OF THE COUNCIL, THE 189
CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL FROM AMONG THE 190
MEMBERS OF THE COUNCIL. THE CHAIRPERSON MAY CALL ADDITIONAL 191
MEETINGS AS THE CHAIRPERSON CONSIDERS APPROPRIATE. 192
(2) THE COUNCIL MAY ESTABLISH RULES OF PROCEDURE AS 194
NECESSARY TO FACILITATE THE COUNCIL'S ORDERLY CONDUCT OF 195
BUSINESS.
(3) COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT 197
SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES 198
INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 199
(C) THE COUNCIL SHALL RECOMMEND TO THE DIRECTOR A LIST OF 202
CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS TO BE
REPORTED TO THE SYSTEM. 203
Sec. 3705.35. WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE 205
OF THIS SECTION, THE DIRECTOR OF HEALTH SHALL ADOPT RULES IN 206
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DO ALL OF THE 208
FOLLOWING:
(A) IMPLEMENT THE BIRTH DEFECTS INFORMATION SYSTEM; 210
(B) SPECIFY THE TYPES OF CONGENITAL ANOMALIES AND ABNORMAL 212
CONDITIONS OF NEWBORNS TO BE REPORTED TO THE SYSTEM UNDER SECTION 213
3705.30 OF THE REVISED CODE; 214
(C) ESTABLISH REPORTING REQUIREMENTS FOR INFORMATION 216
CONCERNING DIAGNOSED CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS 217
OF NEWBORNS; 218
(D) ESTABLISH STANDARDS THAT MUST BE MET BY PERSONS OR 220
GOVERNMENT ENTITIES THAT SEEK ACCESS TO THE SYSTEM; 221
(E) ESTABLISH A FORM FOR USE BY PARENTS OR LEGAL GUARDIANS 223
WHO SEEK TO HAVE INFORMATION REGARDING THEIR CHILDREN REMOVED 224
FROM THE SYSTEM AND A METHOD OF DISTRIBUTING THE FORM TO 225
PHYSICIANS.
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Section 2. That section 3705.34 of the Revised Code is 227
hereby repealed, effective four years after the effective date of 228
this act. 229