As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 534 6
1999-2000 7
REPRESENTATIVES SALERNO-CALVERT-GOODMAN-KREBS-LOGAN-R. MILLER- 9
MOTTLEY-TERWILLEGER-VAN VYVEN-VERICH-BARNES-GARDNER-VESPER- 10
WILLAMOWSKI-WOMER BENJAMIN-TIBERI-SULLIVAN-DePIERO-BENDER- 11
METELSKY-EVANS-FLANNERY-WINKLER-O'BRIEN-PERRY-WILSON-CLANCY- 12
KRUPINSKI-D. MILLER-DISTEL-PATTON-JERSE-KILBANE-BRITTON- 13
HARTNETT-METZGER-HOOPS-GOODING-JOLIVETTE-STEVENS-FORD-SUTTON- 14
REDFERN-GERBERRY-ROBINSON-MYERS-AUSTRIA-OLMAN-METTLER-HARRIS- 15
SENATORS DRAKE-PRENTISS-HAGAN-ARMBRUSTER-SPADA 16
_________________________________________________________________ 18
A B I L L
To enact sections 3705.30, 3705.31, 3705.32, 20
3705.33, 3705.34, 3705.35, and 3705.36 of the 21
Revised Code to require the Director of Health to
establish a Birth Defects Information System and 22
to repeal section 3705.34 four years after the 23
effective date of this act in compliance with
agency sunset provisions. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 3705.30, 3705.31, 3705.32, 28
3705.33, 3705.34, 3705.35, and 3705.36 of the Revised Code be 29
enacted to read as follows: 30
Sec. 3705.30. (A) AS USED IN THIS SECTION: 33
(1) "FREESTANDING BIRTHING CENTER" HAS THE SAME MEANING AS 35
IN SECTION 3702.51 OF THE REVISED CODE. 36
(2) "HOSPITAL" MEANS A HOSPITAL CLASSIFIED UNDER SECTION 39
3701.07 OF THE REVISED CODE AS A GENERAL HOSPITAL OR CHILDREN'S 40
HOSPITAL.
(3) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 42
2
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 43
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 45
(B) THE DIRECTOR OF HEALTH SHALL ESTABLISH AND, IF FUNDS 48
FOR THIS PURPOSE ARE AVAILABLE, IMPLEMENT A STATEWIDE BIRTH 49
DEFECTS INFORMATION SYSTEM FOR THE COLLECTION OF INFORMATION 51
CONCERNING CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL 52
CONDITIONS OF NEWBORNS.
(C) IF THE SYSTEM IS IMPLEMENTED UNDER DIVISION (B) OF 54
THIS SECTION, ALL OF THE FOLLOWING APPLY: 55
(1) THE DIRECTOR MAY REQUIRE EACH PHYSICIAN, HOSPITAL, AND 59
FREESTANDING BIRTHING CENTER TO REPORT TO THE SYSTEM INFORMATION 62
CONCERNING ALL PATIENTS UNDER FIVE YEARS OF AGE WITH A PRIMARY 63
DIAGNOSIS OF A CONGENITAL ANOMALY OR ABNORMAL CONDITION. THE 65
DIRECTOR SHALL NOT REQUIRE A HOSPITAL, FREESTANDING BIRTHING 66
CENTER, OR PHYSICIAN TO REPORT TO THE SYSTEM ANY INFORMATION THAT 68
IS REPORTED TO THE DIRECTOR OR DEPARTMENT OF HEALTH UNDER ANOTHER 69
PROVISION OF THE REVISED CODE OR ADMINISTRATIVE CODE. 71
(2) ON REQUEST, EACH PHYSICIAN, HOSPITAL, AND FREESTANDING 73
BIRTHING CENTER SHALL GIVE THE DIRECTOR OR AUTHORIZED EMPLOYEES 75
OF THE DEPARTMENT OF HEALTH ACCESS TO THE MEDICAL RECORDS OF ANY 76
PATIENT DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE 77
DEPARTMENT SHALL PAY THE COSTS OF COPYING ANY MEDICAL RECORDS 78
PURSUANT TO THIS DIVISION. 79
(3) THE DIRECTOR MAY REVIEW VITAL STATISTICS RECORDS AND 81
SHALL CONSIDER EXPANDING THE LIST OF CONGENITAL ANOMALIES AND 82
ABNORMAL CONDITIONS OF NEWBORNS REPORTED ON BIRTH CERTIFICATES 83
PURSUANT TO SECTION 3705.08 OF THE REVISED CODE. 84
(D) A PHYSICIAN, HOSPITAL, OR FREESTANDING BIRTHING CENTER 86
THAT PROVIDES INFORMATION TO THE SYSTEM UNDER DIVISION (C) OF 88
THIS SECTION SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY 90
FOR PROVIDING THE INFORMATION. 91
Sec. 3705.31. IF IMPLEMENTED UNDER SECTION 3705.30 OF THE 93
REVISED CODE, THE BIRTH DEFECTS INFORMATION SYSTEM MAY BE USED 95
FOR ALL OF THE FOLLOWING PURPOSES: 97
3
(A) TO IDENTIFY AND DESCRIBE CONGENITAL ANOMALIES, 99
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 100
(B) TO DETECT TRENDS AND EPIDEMICS IN CONGENITAL 102
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 103
(C) TO QUANTIFY MORBIDITY AND MORTALITY OF CONGENITAL 105
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 106
(D) TO STIMULATE EPIDEMIOLOGICAL RESEARCH REGARDING 108
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 109
NEWBORNS;
(E) TO IDENTIFY RISK FACTORS FOR CONGENITAL ANOMALIES, 111
STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS; 112
(F) TO FACILITATE INTERVENTION IN AND PREVENTION OF 114
CONGENITAL ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF 115
NEWBORNS;
(G) TO FACILITATE ACCESS TO TREATMENT FOR CONGENITAL 117
ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS; 118
(H) TO INFORM AND EDUCATE THE PUBLIC ABOUT CONGENITAL 120
ANOMALIES, STILLBIRTHS, AND ABNORMAL CONDITIONS OF NEWBORNS. 121
Sec. 3705.32. (A) EXCEPT AS PROVIDED IN THIS SECTION, 123
RECORDS RECEIVED AND INFORMATION ASSEMBLED BY THE BIRTH DEFECTS 124
INFORMATION SYSTEM PURSUANT TO SECTION 3705.30 OF THE REVISED 126
CODE ARE CONFIDENTIAL MEDICAL RECORDS. 127
(B)(1) THE DIRECTOR OF HEALTH MAY USE INFORMATION 129
ASSEMBLED BY THE SYSTEM TO NOTIFY PARENTS, GUARDIANS, AND 130
CUSTODIANS OF CHILDREN WITH CONGENITAL ANOMALIES OR ABNORMAL 131
CONDITIONS OF MEDICAL CARE AND OTHER SERVICES AVAILABLE FOR THE 132
CHILD AND FAMILY. 133
(2) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 135
SYSTEM WITH THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN 136
OF THE CHILD WHO IS THE SUBJECT OF THE INFORMATION. 137
(C)(1) ACCESS TO INFORMATION ASSEMBLED BY THE SYSTEM SHALL 139
BE LIMITED TO THE FOLLOWING PERSONS AND GOVERNMENT ENTITIES: 140
(a) THE DIRECTOR OF HEALTH; 142
(b) AUTHORIZED EMPLOYEES OF THE DEPARTMENT OF HEALTH; 144
4
(c) QUALIFIED PERSONS OR GOVERNMENT ENTITIES THAT ARE 146
ENGAGED IN DEMOGRAPHIC, EPIDEMIOLOGICAL, OR SIMILAR STUDIES 147
RELATED TO HEALTH AND HEALTH CARE PROVISION. 148
(2) THE DIRECTOR SHALL GIVE A PERSON OR GOVERNMENT ENTITY 151
DESCRIBED IN DIVISION (C)(1)(c) OF THIS SECTION ACCESS TO THE 152
SYSTEM ONLY IF THE PERSON OR A REPRESENTATIVE OF THE PERSON OR 153
GOVERNMENT ENTITY SIGNS AN AGREEMENT TO MAINTAIN THE SYSTEM'S 154
CONFIDENTIALITY.
(3) THE DIRECTOR SHALL MAINTAIN A RECORD OF ALL PERSONS 156
AND GOVERNMENT ENTITIES GIVEN ACCESS TO THE INFORMATION IN THE 157
SYSTEM. THE RECORD SHALL INCLUDE ALL OF THE FOLLOWING 158
INFORMATION:
(a) THE NAME OF THE PERSON WHO AUTHORIZED ACCESS TO THE 160
SYSTEM; 161
(b) THE NAME, TITLE, AND ORGANIZATIONAL AFFILIATION OF THE 163
PERSON OR GOVERNMENT ENTITY GIVEN ACCESS TO THE SYSTEM; 164
(c) THE DATES THE PERSON OR GOVERNMENT ENTITY WAS GIVEN 166
ACCESS TO THE SYSTEM; 167
(d) THE SPECIFIC PURPOSE FOR WHICH THE PERSON OR 169
GOVERNMENT ENTITY INTENDS TO USE THE INFORMATION. 171
(4) THE RECORD MAINTAINED PURSUANT TO DIVISION (C)(3) OF 173
THIS SECTION IS A PUBLIC RECORD, AS DEFINED IN SECTION 149.43 OF 174
THE REVISED CODE. 175
(5) A PERSON WHO VIOLATES AN AGREEMENT DESCRIBED IN 177
DIVISION (C)(2) OF THIS SECTION MAY BE DENIED FURTHER ACCESS TO 178
CONFIDENTIAL INFORMATION MAINTAINED BY THE DIRECTOR. 179
(D) THE DIRECTOR MAY DISCLOSE INFORMATION ASSEMBLED BY THE 181
SYSTEM IN SUMMARY, STATISTICAL, OR OTHER FORM THAT DOES NOT 182
IDENTIFY PARTICULAR INDIVIDUALS OR INDIVIDUAL SOURCES OF 183
INFORMATION.
Sec. 3705.33. AS USED IN THIS SECTION, "LOCAL HEALTH 187
DEPARTMENT" MEANS A HEALTH DEPARTMENT OPERATED BY THE BOARD OF 188
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT OR THE AUTHORITY
HAVING THE DUTIES OF A BOARD OF HEALTH UNDER SECTION 3709.05 OF 189
5
THE REVISED CODE. 190
A CHILD'S PARENT OR LEGAL GUARDIAN WHO WANTS INFORMATION 193
CONCERNING THE CHILD REMOVED FROM THE BIRTH DEFECTS INFORMATION 194
SYSTEM SHALL REQUEST FROM THE LOCAL HEALTH DEPARTMENT OR THE
CHILD'S PHYSICIAN A FORM PREPARED BY THE DIRECTOR OF HEALTH. ON 196
REQUEST, A LOCAL HEALTH DEPARTMENT OR PHYSICIAN SHALL PROVIDE THE 198
FORM TO THE CHILD'S PARENT OR LEGAL GUARDIAN. THE INDIVIDUAL
PROVIDING THE FORM SHALL DISCUSS WITH THE CHILD'S PARENT OR LEGAL 200
GUARDIAN THE INFORMATION CONTAINED IN THE SYSTEM. IF THE CHILD'S 201
PARENT OR LEGAL GUARDIAN SIGNS THE FORM, THE DEPARTMENT OR 202
PHYSICIAN SHALL FORWARD IT TO THE DIRECTOR. ON RECEIPT OF THE 203
SIGNED FORM, THE DIRECTOR SHALL REMOVE FROM THE SYSTEM ANY
INFORMATION THAT IDENTIFIES THE CHILD. 204
Sec. 3705.34. NOT LATER THAN THIRTY DAYS AFTER THE 206
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH SHALL 207
APPOINT A COUNCIL TO ADVISE ON THE ESTABLISHMENT AND 208
IMPLEMENTATION OF THE BIRTH DEFECTS INFORMATION SYSTEM. 210
(A) THE COUNCIL SHALL INCLUDE, AT A MINIMUM, PERSONS 212
REPRESENTING EACH OF THE FOLLOWING INTERESTS: 213
(1) OBSTETRICS AND GYNECOLOGY; 215
(2) PEDIATRICS; 217
(3) GENETICS; 219
(4) EPIDEMIOLOGY; 221
(5) BIOSTATISTICS; 223
(6) HOSPITAL ADMINISTRATION; 225
(7) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 227
DISABILITIES; 228
(8) THE DEPARTMENT OF EDUCATION; 230
(9) THE DEPARTMENT OF JOB AND FAMILY SERVICES; 232
(10) THE COMMISSION ON MINORITY HEALTH; 234
(11) PARENTS OF CHILDREN WITH CONGENITAL ANOMALIES OR 236
ABNORMAL CONDITIONS; 237
(12) THE MARCH OF DIMES OHIO CHAPTER; 239
(13) THE PUBLIC. 241
6
(B)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL 245
APPOINTMENTS ARE MADE UNDER DIVISION (A) OF THIS SECTION, THE 246
DIRECTOR SHALL CONVENE THE FIRST MEETING OF THE COUNCIL. IN 248
CONSULTATION WITH AND WITH THE APPROVAL OF THE COUNCIL, THE 249
DIRECTOR SHALL APPOINT, AT THE FIRST MEETING OF THE COUNCIL, THE 250
CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL FROM AMONG THE 251
MEMBERS OF THE COUNCIL. THE CHAIRPERSON MAY CALL ADDITIONAL 252
MEETINGS AS THE CHAIRPERSON CONSIDERS APPROPRIATE. 253
(2) THE COUNCIL MAY ESTABLISH RULES OF PROCEDURE AS 255
NECESSARY TO FACILITATE THE COUNCIL'S ORDERLY CONDUCT OF 256
BUSINESS.
(3) COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT, 258
TO THE EXTENT FUNDS ARE AVAILABLE, SHALL BE REIMBURSED FOR THEIR 260
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 261
THEIR DUTIES.
(C) THE COUNCIL SHALL RECOMMEND TO THE DIRECTOR A LIST OF 264
CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS OF NEWBORNS TO BE
REPORTED TO THE SYSTEM. 265
Sec. 3705.35. NOT LATER THAN ONE HUNDRED EIGHTY DAYS 267
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH 269
SHALL, IN CONSULTATION WITH THE COUNCIL CREATED UNDER SECTION 270
3705.34 OF THE REVISED CODE, ADOPT RULES IN ACCORDANCE WITH 271
CHAPTER 119. OF THE REVISED CODE TO DO ALL OF THE FOLLOWING: 272
(A) IMPLEMENT THE BIRTH DEFECTS INFORMATION SYSTEM; 274
(B) SPECIFY THE TYPES OF CONGENITAL ANOMALIES AND ABNORMAL 276
CONDITIONS OF NEWBORNS TO BE REPORTED TO THE SYSTEM UNDER SECTION 277
3705.30 OF THE REVISED CODE; 278
(C) ESTABLISH REPORTING REQUIREMENTS FOR INFORMATION 280
CONCERNING DIAGNOSED CONGENITAL ANOMALIES AND ABNORMAL CONDITIONS 281
OF NEWBORNS; 282
(D) ESTABLISH STANDARDS THAT MUST BE MET BY PERSONS OR 284
GOVERNMENT ENTITIES THAT SEEK ACCESS TO THE SYSTEM; 285
(E) ESTABLISH A FORM FOR USE BY PARENTS OR LEGAL GUARDIANS 287
WHO SEEK TO HAVE INFORMATION REGARDING THEIR CHILDREN REMOVED 288
7
FROM THE SYSTEM AND A METHOD OF DISTRIBUTING THE FORM TO LOCAL 289
HEALTH DEPARTMENTS, AS DEFINED IN SECTION 3705.33 OF THE REVISED 290
CODE, AND TO PHYSICIANS. THE METHOD OF DISTRIBUTION MUST INCLUDE 291
MAKING THE FORM AVAILABLE ON THE INTERNET.
Sec. 3705.36. THREE YEARS AFTER THE DATE A BIRTH DEFECTS 293
INFORMATION SYSTEM IS IMPLEMENTED PURSUANT TO SECTION 3705.30 OF 294
THE REVISED CODE, AND ANNUALLY THEREAFTER, THE DEPARTMENT OF 295
HEALTH SHALL PREPARE A REPORT REGARDING THE BIRTH DEFECTS 296
INFORMATION SYSTEM. THE COUNCIL CREATED UNDER SECTION 3705.34 OF 297
THE REVISED CODE SHALL, NOT LATER THAN TWO YEARS AFTER THE DATE A 299
BIRTH DEFECTS INFORMATION SYSTEM IS IMPLEMENTED, SPECIFY THE 300
INFORMATION THE DEPARTMENT IS TO INCLUDE IN EACH REPORT. THE 301
DEPARTMENT SHALL FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT 302
AND MINORITY LEADER OF THE SENATE, THE SPEAKER AND MINORITY 303
LEADER OF THE HOUSE OF REPRESENTATIVES, THE DEPARTMENTS OF MENTAL 304
RETARDATION AND DEVELOPMENTAL DISABILITIES, EDUCATION, AND JOB 305
AND FAMILY SERVICES, THE COMMISSION ON MINORITY HEALTH, AND THE 306
NEWS MEDIA.
Section 2. That section 3705.34 of the Revised Code is 308
hereby repealed, effective four years after the effective date of 309
this act. 310