As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 534 5
1999-2000 6
REPRESENTATIVES SALERNO-CALVERT-GOODMAN-KREBS-LOGAN-R. MILLER- 8
MOTTLEY-TERWILLEGER-VAN VYVEN-VERICH-BARNES 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. (A) AS USED IN THIS SECTION: 24
(1) "FREESTANDING BIRTHING CENTER" HAS THE SAME MEANING AS 26
IN SECTION 3702.51 OF THE REVISED CODE. 27
(2) "HOSPITAL" MEANS A HOSPITAL CLASSIFIED UNDER SECTION 30
3701.07 OF THE REVISED CODE AS A GENERAL HOSPITAL OR CHILDREN'S 31
HOSPITAL.
(3) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 33
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 34
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 36
(B) THE DIRECTOR OF HEALTH SHALL ESTABLISH AND, IF FUNDS 39
FOR THIS PURPOSE ARE AVAILABLE, IMPLEMENT A STATEWIDE BIRTH 40
DEFECTS INFORMATION SYSTEM FOR THE COLLECTION OF INFORMATION 42
CONCERNING CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL 43
CONDITIONS OF NEWBORNS.
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(C) IF THE SYSTEM IS IMPLEMENTED UNDER DIVISION (B) OF 45
THIS SECTION, ALL OF THE FOLLOWING APPLY: 46
(1) THE DIRECTOR MAY REQUIRE EACH PHYSICIAN, HOSPITAL, AND 50
FREESTANDING BIRTHING CENTER TO REPORT TO THE SYSTEM INFORMATION 53
CONCERNING ALL PATIENTS UNDER FIVE YEARS OF AGE WITH A PRIMARY 54
DIAGNOSIS OF A CONGENITAL ANOMALY OR ABNORMAL CONDITION. THE 56
DIRECTOR SHALL NOT REQUIRE A HOSPITAL OR FREESTANDING BIRTHING 57
CENTER TO REPORT TO THE SYSTEM ANY INFORMATION THAT IS REPORTED 58
TO THE DIRECTOR OR DEPARTMENT OF HEALTH UNDER ANOTHER PROVISION 59
OF THE REVISED CODE OR ADMINISTRATIVE CODE. 61
(2) ON REQUEST, EACH PHYSICIAN, HOSPITAL, AND FREESTANDING 63
BIRTHING CENTER SHALL GIVE THE DIRECTOR OR AUTHORIZED EMPLOYEES 65
OF THE DEPARTMENT OF HEALTH ACCESS TO THE MEDICAL RECORDS OF ANY 66
PATIENT DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE 67
DEPARTMENT SHALL PAY THE COSTS OF COPYING ANY MEDICAL RECORDS 68
PURSUANT TO THIS DIVISION. 69
(3) THE DIRECTOR MAY REVIEW VITAL STATISTICS RECORDS AND 71
SHALL CONSIDER EXPANDING THE LIST OF CONGENITAL ANOMALIES AND 72
ABNORMAL CONDITIONS OF NEWBORNS REPORTED ON BIRTH CERTIFICATES 73
PURSUANT TO SECTION 3705.08 OF THE REVISED CODE. 74
(D) A PHYSICIAN, HOSPITAL, OR FREESTANDING BIRTHING CENTER 76
THAT PROVIDES INFORMATION TO THE SYSTEM UNDER DIVISION (C) OF 78
THIS SECTION SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY 80
FOR PROVIDING THE INFORMATION. 81
Sec. 3705.31. IF IMPLEMENTED UNDER SECTION 3705.30 OF THE 83
REVISED CODE, THE BIRTH DEFECTS INFORMATION SYSTEM MAY BE USED 85
FOR ALL OF THE FOLLOWING PURPOSES: 87
(A) TO IDENTIFY AND DESCRIBE CONGENITAL ANOMALIES, 89
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 90
(B) TO DETECT TRENDS AND EPIDEMICS IN CONGENITAL 92
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 93
(C) TO QUANTIFY MORBIDITY AND MORTALITY OF CONGENITAL 95
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 96
(D) TO STIMULATE EPIDEMIOLOGICAL RESEARCH REGARDING 98
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CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 99
NEWBORNS;
(E) TO IDENTIFY RISK FACTORS FOR CONGENITAL ANOMALIES, 101
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 102
(F) TO FACILITATE INTERVENTION IN AND PREVENTION OF 104
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 105
NEWBORNS;
(G) TO FACILITATE ACCESS TO TREATMENT FOR CONGENITAL 107
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 108
(H) TO INFORM AND EDUCATE THE PUBLIC ABOUT CONGENITAL 110
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS. 111
Sec. 3705.32. (A) EXCEPT AS PROVIDED IN THIS SECTION AND 113
DIVISION (C)(2) OF SECTION 3705.30 OF THE REVISED CODE, RECORDS 115
RECEIVED AND INFORMATION ASSEMBLED BY THE BIRTH DEFECTS
INFORMATION SYSTEM PURSUANT TO SECTION 3705.30 OF THE REVISED 117
CODE ARE CONFIDENTIAL MEDICAL RECORDS. 118
(B)(1) THE DIRECTOR OF HEALTH MAY USE INFORMATION 120
ASSEMBLED BY THE SYSTEM TO NOTIFY PARENTS, GUARDIANS, AND 121
CUSTODIANS OF CHILDREN WITH CONGENITAL ANOMALIES OR ABNORMAL 122
CONDITIONS OF MEDICAL CARE AND OTHER SERVICES AVAILABLE FOR THE 123
CHILD AND FAMILY. 124
(2) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 126
SYSTEM WITH THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN 127
OF THE CHILD WHO IS THE SUBJECT OF THE INFORMATION. 128
(C)(1) ACCESS TO INFORMATION ASSEMBLED BY THE SYSTEM SHALL 130
BE LIMITED TO THE FOLLOWING PERSONS AND GOVERNMENT ENTITIES: 131
(a) THE DIRECTOR OF HEALTH; 133
(b) AUTHORIZED EMPLOYEES OF THE DEPARTMENT OF HEALTH; 135
(c) QUALIFIED PERSONS OR GOVERNMENT ENTITIES THAT ARE 137
ENGAGED IN DEMOGRAPHIC, EPIDEMIOLOGICAL, OR SIMILAR STUDIES 138
RELATED TO HEALTH AND HEALTH CARE PROVISION. 139
(2) THE DIRECTOR SHALL GIVE A PERSON OR GOVERNMENT ENTITY 142
DESCRIBED IN DIVISION (C)(1)(c) OF THIS SECTION ACCESS TO THE 143
SYSTEM ONLY IF THE PERSON OR A REPRESENTATIVE OF THE PERSON OR 144
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GOVERNMENT ENTITY SIGNS AN AGREEMENT TO MAINTAIN THE SYSTEM'S 145
CONFIDENTIALITY.
(3) THE DIRECTOR SHALL MAINTAIN A RECORD OF ALL PERSONS 147
AND GOVERNMENT ENTITIES GIVEN ACCESS TO THE INFORMATION IN THE 148
SYSTEM. THE RECORD SHALL INCLUDE ALL OF THE FOLLOWING 149
INFORMATION:
(a) THE NAME OF THE PERSON WHO AUTHORIZED ACCESS TO THE 151
SYSTEM; 152
(b) THE NAME, TITLE, AND ORGANIZATIONAL AFFILIATION OF THE 154
PERSON OR GOVERNMENT ENTITY GIVEN ACCESS TO THE SYSTEM; 155
(c) THE DATES THE PERSON OR GOVERNMENT ENTITY WAS GIVEN 157
ACCESS TO THE SYSTEM; 158
(d) THE SPECIFIC PURPOSE FOR WHICH THE PERSON OR 160
GOVERNMENT ENTITY INTENDS TO USE THE INFORMATION. 162
(4) THE RECORD MAINTAINED PURSUANT TO DIVISION (C)(3) OF 164
THIS SECTION IS A PUBLIC RECORD, AS DEFINED IN SECTION 149.43 OF 165
THE REVISED CODE. 166
(5) A PERSON WHO VIOLATES AN AGREEMENT DESCRIBED IN 168
DIVISION (C)(2) OF THIS SECTION MAY BE DENIED FURTHER ACCESS TO 169
CONFIDENTIAL INFORMATION MAINTAINED BY THE DIRECTOR. 170
(D) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 172
SYSTEM IN SUMMARY, STATISTICAL, OR OTHER FORM THAT DOES NOT 173
IDENTIFY PARTICULAR INDIVIDUALS OR INDIVIDUAL SOURCES OF 174
INFORMATION.
Sec. 3705.33. AS USED IN THIS SECTION, "LOCAL HEALTH 178
DEPARTMENT" MEANS A HEALTH DEPARTMENT OPERATED BY THE BOARD OF 179
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT OR THE AUTHORITY
HAVING THE DUTIES OF A BOARD OF HEALTH UNDER SECTION 3709.05 OF 180
THE REVISED CODE. 181
A CHILD'S PARENT OR LEGAL GUARDIAN WHO WANTS INFORMATION 184
CONCERNING THE CHILD REMOVED FROM THE BIRTH DEFECTS INFORMATION 185
SYSTEM SHALL REQUEST FROM THE LOCAL HEALTH DEPARTMENT OR THE
CHILD'S PHYSICIAN A FORM PREPARED BY THE DIRECTOR OF HEALTH. ON 187
REQUEST, A LOCAL HEALTH DEPARTMENT OR PHYSICIAN SHALL PROVIDE THE 189
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FORM TO THE CHILD'S PARENT OR LEGAL GUARDIAN. THE INDIVIDUAL
PROVIDING THE FORM SHALL DISCUSS WITH THE CHILD'S PARENT OR LEGAL 191
GUARDIAN THE INFORMATION CONTAINED IN THE SYSTEM. IF THE CHILD'S 192
PARENT OR LEGAL GUARDIAN SIGNS THE FORM, THE DEPARTMENT OR 193
PHYSICIAN SHALL FORWARD IT TO THE DIRECTOR. ON RECEIPT OF THE 194
SIGNED FORM, THE DIRECTOR SHALL REMOVE ALL INFORMATION CONCERNING 195
THE CHILD FROM THE SYSTEM.
Sec. 3705.34. NOT LATER THAN THIRTY DAYS AFTER THE 197
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH SHALL 198
APPOINT A COUNCIL TO ADVISE ON THE ESTABLISHMENT AND 199
IMPLEMENTATION OF THE BIRTH DEFECTS INFORMATION SYSTEM. 201
(A) THE COUNCIL SHALL INCLUDE, AT A MINIMUM, PERSONS 203
REPRESENTING EACH OF THE FOLLOWING INTERESTS: 204
(1) OBSTETRICS AND GYNECOLOGY; 206
(2) PEDIATRICS; 208
(3) GENETICS; 210
(4) EPIDEMIOLOGY; 212
(5) BIOSTATISTICS; 214
(6) HOSPITAL ADMINISTRATION; 216
(7) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 218
DISABILITIES; 219
(8) THE DEPARTMENT OF EDUCATION; 221
(9) THE DEPARTMENT OF JOB AND FAMILY SERVICES; 223
(10) THE COMMISSION ON MINORITY HEALTH; 225
(11) PARENTS OF CHILDREN WITH CONGENITAL ANOMALIES OR 227
ABNORMAL CONDITIONS; 228
(12) THE PUBLIC. 230
(B)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL 234
APPOINTMENTS ARE MADE UNDER DIVISION (A) OF THIS SECTION, THE 235
DIRECTOR SHALL CONVENE THE FIRST MEETING OF THE COUNCIL. IN 237
CONSULTATION WITH AND WITH THE APPROVAL OF THE COUNCIL, THE 238
DIRECTOR SHALL APPOINT, AT THE FIRST MEETING OF THE COUNCIL, THE 239
CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL FROM AMONG THE 240
MEMBERS OF THE COUNCIL. THE CHAIRPERSON MAY CALL ADDITIONAL 241
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MEETINGS AS THE CHAIRPERSON CONSIDERS APPROPRIATE. 242
(2) THE COUNCIL MAY ESTABLISH RULES OF PROCEDURE AS 244
NECESSARY TO FACILITATE THE COUNCIL'S ORDERLY CONDUCT OF 245
BUSINESS.
(3) COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT, 247
TO THE EXTENT FUNDS ARE AVAILABLE, SHALL BE REIMBURSED FOR THEIR 249
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 250
THEIR DUTIES.
(C) THE COUNCIL SHALL RECOMMEND TO THE DIRECTOR A LIST OF 253
CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS TO BE
REPORTED TO THE SYSTEM. 254
Sec. 3705.35. NOT LATER THAN ONE HUNDRED EIGHTY DAYS 256
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH 258
SHALL, IN CONSULTATION WITH THE COUNCIL CREATED UNDER SECTION 259
3705.34 OF THE REVISED CODE, ADOPT RULES IN ACCORDANCE WITH 260
CHAPTER 119. OF THE REVISED CODE TO DO ALL OF THE FOLLOWING: 261
(A) IMPLEMENT THE BIRTH DEFECTS INFORMATION SYSTEM; 263
(B) SPECIFY THE TYPES OF CONGENITAL ANOMALIES AND ABNORMAL 265
CONDITIONS OF NEWBORNS TO BE REPORTED TO THE SYSTEM UNDER SECTION 266
3705.30 OF THE REVISED CODE; 267
(C) ESTABLISH REPORTING REQUIREMENTS FOR INFORMATION 269
CONCERNING DIAGNOSED CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS 270
OF NEWBORNS; 271
(D) ESTABLISH STANDARDS THAT MUST BE MET BY PERSONS OR 273
GOVERNMENT ENTITIES THAT SEEK ACCESS TO THE SYSTEM; 274
(E) ESTABLISH A FORM FOR USE BY PARENTS OR LEGAL GUARDIANS 276
WHO SEEK TO HAVE INFORMATION REGARDING THEIR CHILDREN REMOVED 277
FROM THE SYSTEM AND A METHOD OF DISTRIBUTING THE FORM TO LOCAL 278
HEALTH DEPARTMENTS, AS DEFINED IN SECTION 3705.33 OF THE REVISED 279
CODE, AND TO PHYSICIANS.
Section 2. That section 3705.34 of the Revised Code is 281
hereby repealed, effective four years after the effective date of 282
this act. 283