As Passed by the House 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-GARDNER-VESPER- 9
WILLAMOWSKI-WOMER BENJAMIN-TIBERI-SULLIVAN-DePIERO-BENDER- 10
METELSKY-EVANS-FLANNERY-WINKLER-O'BRIEN-PERRY-WILSON-CLANCY- 11
KRUPINSKI-D. MILLER-DISTEL-PATTON-JERSE-KILBANE-BRITTON- 12
HARTNETT-METZGER-HOOPS-GOODING-JOLIVETTE-STEVENS-FORD-SUTTON- 13
REDFERN-GERBERRY-ROBINSON-MYERS-AUSTRIA-OLMAN-METTLER-HARRIS 14
_________________________________________________________________ 15
A B I L L
To enact sections 3705.30, 3705.31, 3705.32, 17
3705.33, 3705.34, and 3705.35 of the Revised Code 18
to require the Director of Health to establish a 19
Birth Defects Information System and to repeal
section 3705.34 four years after the effective 20
date of this act in compliance with agency sunset 21
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3705.30, 3705.31, 3705.32, 25
3705.33, 3705.34, and 3705.35 of the Revised Code be enacted to 26
read as follows:
Sec. 3705.30. (A) AS USED IN THIS SECTION: 29
(1) "FREESTANDING BIRTHING CENTER" HAS THE SAME MEANING AS 31
IN SECTION 3702.51 OF THE REVISED CODE. 32
(2) "HOSPITAL" MEANS A HOSPITAL CLASSIFIED UNDER SECTION 35
3701.07 OF THE REVISED CODE AS A GENERAL HOSPITAL OR CHILDREN'S 36
HOSPITAL.
(3) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 38
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 39
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 41
2
(B) THE DIRECTOR OF HEALTH SHALL ESTABLISH AND, IF FUNDS 44
FOR THIS PURPOSE ARE AVAILABLE, IMPLEMENT A STATEWIDE BIRTH 45
DEFECTS INFORMATION SYSTEM FOR THE COLLECTION OF INFORMATION 47
CONCERNING CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL 48
CONDITIONS OF NEWBORNS.
(C) IF THE SYSTEM IS IMPLEMENTED UNDER DIVISION (B) OF 50
THIS SECTION, ALL OF THE FOLLOWING APPLY: 51
(1) THE DIRECTOR MAY REQUIRE EACH PHYSICIAN, HOSPITAL, AND 55
FREESTANDING BIRTHING CENTER TO REPORT TO THE SYSTEM INFORMATION 58
CONCERNING ALL PATIENTS UNDER FIVE YEARS OF AGE WITH A PRIMARY 59
DIAGNOSIS OF A CONGENITAL ANOMALY OR ABNORMAL CONDITION. THE 61
DIRECTOR SHALL NOT REQUIRE A HOSPITAL OR FREESTANDING BIRTHING 62
CENTER TO REPORT TO THE SYSTEM ANY INFORMATION THAT IS REPORTED 63
TO THE DIRECTOR OR DEPARTMENT OF HEALTH UNDER ANOTHER PROVISION 64
OF THE REVISED CODE OR ADMINISTRATIVE CODE. 66
(2) ON REQUEST, EACH PHYSICIAN, HOSPITAL, AND FREESTANDING 68
BIRTHING CENTER SHALL GIVE THE DIRECTOR OR AUTHORIZED EMPLOYEES 70
OF THE DEPARTMENT OF HEALTH ACCESS TO THE MEDICAL RECORDS OF ANY 71
PATIENT DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE 72
DEPARTMENT SHALL PAY THE COSTS OF COPYING ANY MEDICAL RECORDS 73
PURSUANT TO THIS DIVISION. 74
(3) THE DIRECTOR MAY REVIEW VITAL STATISTICS RECORDS AND 76
SHALL CONSIDER EXPANDING THE LIST OF CONGENITAL ANOMALIES AND 77
ABNORMAL CONDITIONS OF NEWBORNS REPORTED ON BIRTH CERTIFICATES 78
PURSUANT TO SECTION 3705.08 OF THE REVISED CODE. 79
(D) A PHYSICIAN, HOSPITAL, OR FREESTANDING BIRTHING CENTER 81
THAT PROVIDES INFORMATION TO THE SYSTEM UNDER DIVISION (C) OF 83
THIS SECTION SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY 85
FOR PROVIDING THE INFORMATION. 86
Sec. 3705.31. IF IMPLEMENTED UNDER SECTION 3705.30 OF THE 88
REVISED CODE, THE BIRTH DEFECTS INFORMATION SYSTEM MAY BE USED 90
FOR ALL OF THE FOLLOWING PURPOSES: 92
(A) TO IDENTIFY AND DESCRIBE CONGENITAL ANOMALIES, 94
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 95
3
(B) TO DETECT TRENDS AND EPIDEMICS IN CONGENITAL 97
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 98
(C) TO QUANTIFY MORBIDITY AND MORTALITY OF CONGENITAL 100
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 101
(D) TO STIMULATE EPIDEMIOLOGICAL RESEARCH REGARDING 103
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 104
NEWBORNS;
(E) TO IDENTIFY RISK FACTORS FOR CONGENITAL ANOMALIES, 106
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 107
(F) TO FACILITATE INTERVENTION IN AND PREVENTION OF 109
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 110
NEWBORNS;
(G) TO FACILITATE ACCESS TO TREATMENT FOR CONGENITAL 112
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 113
(H) TO INFORM AND EDUCATE THE PUBLIC ABOUT CONGENITAL 115
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS. 116
Sec. 3705.32. (A) EXCEPT AS PROVIDED IN THIS SECTION AND 118
DIVISION (C)(2) OF SECTION 3705.30 OF THE REVISED CODE, RECORDS 120
RECEIVED AND INFORMATION ASSEMBLED BY THE BIRTH DEFECTS
INFORMATION SYSTEM PURSUANT TO SECTION 3705.30 OF THE REVISED 122
CODE ARE CONFIDENTIAL MEDICAL RECORDS. 123
(B)(1) THE DIRECTOR OF HEALTH MAY USE INFORMATION 125
ASSEMBLED BY THE SYSTEM TO NOTIFY PARENTS, GUARDIANS, AND 126
CUSTODIANS OF CHILDREN WITH CONGENITAL ANOMALIES OR ABNORMAL 127
CONDITIONS OF MEDICAL CARE AND OTHER SERVICES AVAILABLE FOR THE 128
CHILD AND FAMILY. 129
(2) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 131
SYSTEM WITH THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN 132
OF THE CHILD WHO IS THE SUBJECT OF THE INFORMATION. 133
(C)(1) ACCESS TO INFORMATION ASSEMBLED BY THE SYSTEM SHALL 135
BE LIMITED TO THE FOLLOWING PERSONS AND GOVERNMENT ENTITIES: 136
(a) THE DIRECTOR OF HEALTH; 138
(b) AUTHORIZED EMPLOYEES OF THE DEPARTMENT OF HEALTH; 140
(c) QUALIFIED PERSONS OR GOVERNMENT ENTITIES THAT ARE 142
4
ENGAGED IN DEMOGRAPHIC, EPIDEMIOLOGICAL, OR SIMILAR STUDIES 143
RELATED TO HEALTH AND HEALTH CARE PROVISION. 144
(2) THE DIRECTOR SHALL GIVE A PERSON OR GOVERNMENT ENTITY 147
DESCRIBED IN DIVISION (C)(1)(c) OF THIS SECTION ACCESS TO THE 148
SYSTEM ONLY IF THE PERSON OR A REPRESENTATIVE OF THE PERSON OR 149
GOVERNMENT ENTITY SIGNS AN AGREEMENT TO MAINTAIN THE SYSTEM'S 150
CONFIDENTIALITY.
(3) THE DIRECTOR SHALL MAINTAIN A RECORD OF ALL PERSONS 152
AND GOVERNMENT ENTITIES GIVEN ACCESS TO THE INFORMATION IN THE 153
SYSTEM. THE RECORD SHALL INCLUDE ALL OF THE FOLLOWING 154
INFORMATION:
(a) THE NAME OF THE PERSON WHO AUTHORIZED ACCESS TO THE 156
SYSTEM; 157
(b) THE NAME, TITLE, AND ORGANIZATIONAL AFFILIATION OF THE 159
PERSON OR GOVERNMENT ENTITY GIVEN ACCESS TO THE SYSTEM; 160
(c) THE DATES THE PERSON OR GOVERNMENT ENTITY WAS GIVEN 162
ACCESS TO THE SYSTEM; 163
(d) THE SPECIFIC PURPOSE FOR WHICH THE PERSON OR 165
GOVERNMENT ENTITY INTENDS TO USE THE INFORMATION. 167
(4) THE RECORD MAINTAINED PURSUANT TO DIVISION (C)(3) OF 169
THIS SECTION IS A PUBLIC RECORD, AS DEFINED IN SECTION 149.43 OF 170
THE REVISED CODE. 171
(5) A PERSON WHO VIOLATES AN AGREEMENT DESCRIBED IN 173
DIVISION (C)(2) OF THIS SECTION MAY BE DENIED FURTHER ACCESS TO 174
CONFIDENTIAL INFORMATION MAINTAINED BY THE DIRECTOR. 175
(D) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 177
SYSTEM IN SUMMARY, STATISTICAL, OR OTHER FORM THAT DOES NOT 178
IDENTIFY PARTICULAR INDIVIDUALS OR INDIVIDUAL SOURCES OF 179
INFORMATION.
Sec. 3705.33. AS USED IN THIS SECTION, "LOCAL HEALTH 183
DEPARTMENT" MEANS A HEALTH DEPARTMENT OPERATED BY THE BOARD OF 184
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT OR THE AUTHORITY
HAVING THE DUTIES OF A BOARD OF HEALTH UNDER SECTION 3709.05 OF 185
THE REVISED CODE. 186
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A CHILD'S PARENT OR LEGAL GUARDIAN WHO WANTS INFORMATION 189
CONCERNING THE CHILD REMOVED FROM THE BIRTH DEFECTS INFORMATION 190
SYSTEM SHALL REQUEST FROM THE LOCAL HEALTH DEPARTMENT OR THE
CHILD'S PHYSICIAN A FORM PREPARED BY THE DIRECTOR OF HEALTH. ON 192
REQUEST, A LOCAL HEALTH DEPARTMENT OR PHYSICIAN SHALL PROVIDE THE 194
FORM TO THE CHILD'S PARENT OR LEGAL GUARDIAN. THE INDIVIDUAL
PROVIDING THE FORM SHALL DISCUSS WITH THE CHILD'S PARENT OR LEGAL 196
GUARDIAN THE INFORMATION CONTAINED IN THE SYSTEM. IF THE CHILD'S 197
PARENT OR LEGAL GUARDIAN SIGNS THE FORM, THE DEPARTMENT OR 198
PHYSICIAN SHALL FORWARD IT TO THE DIRECTOR. ON RECEIPT OF THE 199
SIGNED FORM, THE DIRECTOR SHALL REMOVE ALL INFORMATION CONCERNING 200
THE CHILD FROM THE SYSTEM.
Sec. 3705.34. NOT LATER THAN THIRTY DAYS AFTER THE 202
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH SHALL 203
APPOINT A COUNCIL TO ADVISE ON THE ESTABLISHMENT AND 204
IMPLEMENTATION OF THE BIRTH DEFECTS INFORMATION SYSTEM. 206
(A) THE COUNCIL SHALL INCLUDE, AT A MINIMUM, PERSONS 208
REPRESENTING EACH OF THE FOLLOWING INTERESTS: 209
(1) OBSTETRICS AND GYNECOLOGY; 211
(2) PEDIATRICS; 213
(3) GENETICS; 215
(4) EPIDEMIOLOGY; 217
(5) BIOSTATISTICS; 219
(6) HOSPITAL ADMINISTRATION; 221
(7) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 223
DISABILITIES; 224
(8) THE DEPARTMENT OF EDUCATION; 226
(9) THE DEPARTMENT OF JOB AND FAMILY SERVICES; 228
(10) THE COMMISSION ON MINORITY HEALTH; 230
(11) PARENTS OF CHILDREN WITH CONGENITAL ANOMALIES OR 232
ABNORMAL CONDITIONS; 233
(12) THE PUBLIC. 235
(B)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL 239
APPOINTMENTS ARE MADE UNDER DIVISION (A) OF THIS SECTION, THE 240
6
DIRECTOR SHALL CONVENE THE FIRST MEETING OF THE COUNCIL. IN 242
CONSULTATION WITH AND WITH THE APPROVAL OF THE COUNCIL, THE 243
DIRECTOR SHALL APPOINT, AT THE FIRST MEETING OF THE COUNCIL, THE 244
CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL FROM AMONG THE 245
MEMBERS OF THE COUNCIL. THE CHAIRPERSON MAY CALL ADDITIONAL 246
MEETINGS AS THE CHAIRPERSON CONSIDERS APPROPRIATE. 247
(2) THE COUNCIL MAY ESTABLISH RULES OF PROCEDURE AS 249
NECESSARY TO FACILITATE THE COUNCIL'S ORDERLY CONDUCT OF 250
BUSINESS.
(3) COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT, 252
TO THE EXTENT FUNDS ARE AVAILABLE, SHALL BE REIMBURSED FOR THEIR 254
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 255
THEIR DUTIES.
(C) THE COUNCIL SHALL RECOMMEND TO THE DIRECTOR A LIST OF 258
CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS TO BE
REPORTED TO THE SYSTEM. 259
Sec. 3705.35. NOT LATER THAN ONE HUNDRED EIGHTY DAYS 261
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH 263
SHALL, IN CONSULTATION WITH THE COUNCIL CREATED UNDER SECTION 264
3705.34 OF THE REVISED CODE, ADOPT RULES IN ACCORDANCE WITH 265
CHAPTER 119. OF THE REVISED CODE TO DO ALL OF THE FOLLOWING: 266
(A) IMPLEMENT THE BIRTH DEFECTS INFORMATION SYSTEM; 268
(B) SPECIFY THE TYPES OF CONGENITAL ANOMALIES AND ABNORMAL 270
CONDITIONS OF NEWBORNS TO BE REPORTED TO THE SYSTEM UNDER SECTION 271
3705.30 OF THE REVISED CODE; 272
(C) ESTABLISH REPORTING REQUIREMENTS FOR INFORMATION 274
CONCERNING DIAGNOSED CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS 275
OF NEWBORNS; 276
(D) ESTABLISH STANDARDS THAT MUST BE MET BY PERSONS OR 278
GOVERNMENT ENTITIES THAT SEEK ACCESS TO THE SYSTEM; 279
(E) ESTABLISH A FORM FOR USE BY PARENTS OR LEGAL GUARDIANS 281
WHO SEEK TO HAVE INFORMATION REGARDING THEIR CHILDREN REMOVED 282
FROM THE SYSTEM AND A METHOD OF DISTRIBUTING THE FORM TO LOCAL 283
HEALTH DEPARTMENTS, AS DEFINED IN SECTION 3705.33 OF THE REVISED 284
7
CODE, AND TO PHYSICIANS.
Section 2. That section 3705.34 of the Revised Code is 286
hereby repealed, effective four years after the effective date of 287
this act. 288