As Introduced* 1
123rd General Assembly 4
Regular Session S. B. No. 173 5
1999-2000 6
SENATORS DRAKE-KEARNS 8
_________________________________________________________________ 10
A B I L L
To amend sections 124.11, 329.05, 339.11, 339.16, 12
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 13
3313.55, 3317.03, 3701.01, 3701.14, 3702.62, 14
3727.01, 5705.01, 5705.191, 5705.20, and 5705.25; 15
to amend, for the purpose of adopting new section 16
numbers as indicated in parentheses, sections 17
339.38 (339.75), 339.39 (339.76), 339.42 18
(339.74), and 339.43 (339.77); to enact sections 19
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 20
339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 21
339.87, and 339.88; and to repeal sections
339.20, 339.21, 339.22, 339.23, 339.231, 339.24, 22
339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 23
339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 24
339.37, 339.40, 339.41, 339.45, 339.46, 339.47, 25
339.50, 339.51, 339.52, 339.53, 339.54, 339.55, 26
339.56, 339.57, 339.58, 339.59, 339.60, 339.61, 27
339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, 28
and 3707.11 of the Revised Code with regard to 29
the prevention and control of tuberculosis. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 124.11, 329.05, 339.11, 339.16, 35
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 5705.191, 37
5705.20, and 5705.25 be amended; sections 339.38 (339.75), 339.39 39
(339.76), 339.42 (339.74), and 339.43 (339.77) be amended for the 40
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purpose of adopting new section numbers as indicated in 41
parentheses; and sections 339.71, 339.72, 339.73, 339.78, 339.79, 43
339.80, 339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 339.87, 44
and 339.88 of the Revised Code be enacted to read as follows: 45
Sec. 124.11. The civil service of the state and the 54
several counties, cities, civil service townships, city health 55
districts, general health districts, and city school districts 56
thereof shall be divided into the unclassified service and the 57
classified service. 58
(A) The unclassified service shall comprise the following 60
positions, which shall not be included in the classified service, 61
and which shall be exempt from all examinations required by this 62
chapter: 63
(1) All officers elected by popular vote or persons 65
appointed to fill vacancies in such offices; 66
(2) All election officers as defined in section 3501.01 of 68
the Revised Code; 69
(3) The members of all boards and commissions, and heads 71
of principal departments, boards, and commissions appointed by 72
the governor or by and with the governor's consent; and the 73
members of all boards and commissions and all heads of 74
departments appointed by the mayor, or, if there is no mayor, 75
such other similar chief appointing authority of any city or city 76
school district; except as otherwise provided in division (A)(17) 77
or (C) of this section, this chapter does not exempt the chiefs 78
of police departments and chiefs of fire departments of cities or 79
civil service townships from the competitive classified service; 80
(4) The members of county or district licensing boards or 82
commissions and boards of revision, and deputy county auditors; 83
(5) All officers and employees elected or appointed by 85
either or both branches of the general assembly, and such 86
employees of the city legislative authority as are engaged in 87
legislative duties; 88
(6) All commissioned, warrant, and noncommissioned 90
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officers and enlisted persons in the Ohio organized militia, 92
including military appointees in the adjutant general's 94
department;
(7)(a) All presidents, business managers, administrative 96
officers, superintendents, assistant superintendents, principals, 97
deans, assistant deans, instructors, teachers, and such employees 98
as are engaged in educational or research duties connected with 99
the public school system, colleges, and universities, as 100
determined by the governing body of the public school system, 101
colleges, and universities; 102
(b) The library staff of any library in the state 104
supported wholly or in part at public expense. 105
(8) Four clerical and administrative support employees for 107
each of the elective state officers; and three clerical and 108
administrative support employees for other elective officers and 109
each of the principal appointive executive officers, boards, or 110
commissions, except for civil service commissions, that are 111
authorized to appoint such clerical and administrative support 112
employees; 113
(9) The deputies and assistants of state agencies 115
authorized to act for and on behalf of the agency, or holding a 116
fiduciary or administrative relation to that agency and those 117
persons employed by and directly responsible to elected county 118
officials or a county administrator and holding a fiduciary or 119
administrative relationship to such elected county officials or 120
county administrator, and the employees of such county officials 121
whose fitness would be impracticable to determine by competitive 123
examination, provided that division (A)(9) of this section shall 124
not affect those persons in county employment in the classified 125
service as of September 19, 1961. Nothing in division (A)(9) of 126
this section applies to any position in a county department of 127
human services created pursuant to Chapter 329. of the Revised 128
Code. 129
(10) Bailiffs, constables, official stenographers, and 131
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commissioners of courts of record, deputies of clerks of the 132
courts of common pleas who supervise, or who handle public moneys 133
or secured documents, and such officers and employees of courts 134
of record and such deputies of clerks of the courts of common 135
pleas as the director of administrative services finds it 136
impracticable to determine their fitness by competitive 137
examination; 138
(11) Assistants to the attorney general, special counsel 140
appointed or employed by the attorney general, assistants to 141
county prosecuting attorneys, and assistants to city directors of 142
law; 143
(12) Such teachers and employees in the agricultural 145
experiment stations; such students in normal schools, colleges, 146
and universities of the state who are employed by the state or a 147
political subdivision of the state in student or intern 148
classifications; and such unskilled labor positions as the 149
director of administrative services or any municipal civil 150
service commission may find it impracticable to include in the 151
competitive classified service; provided such exemptions shall be 152
by order of the commission or the director, duly entered on the 153
record of the commission or the director with the reasons for 154
each such exemption; 155
(13) Any physician or dentist who is a full-time employee 157
of the department of mental health or the department of mental 158
retardation and developmental disabilities or of an institution 159
under the jurisdiction of either department; and physicians who 160
are in residency programs at the institutions; 161
(14) Up to twenty positions at each institution under the 163
jurisdiction of the department of mental health or the department 164
of mental retardation and developmental disabilities that the 165
department director determines to be primarily administrative or 166
managerial; and up to fifteen positions in any division of either 167
department, excluding administrative assistants to the director 168
and division chiefs, which are within the immediate staff of a 169
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division chief and which the director determines to be primarily 170
and distinctively administrative and managerial; 171
(15) Noncitizens of the United States employed by the 173
state, or its counties or cities, as physicians or nurses who are 174
duly licensed to practice their respective professions under the 175
laws of Ohio, or medical assistants, in mental, tuberculosis, or 176
chronic disease hospitals, or institutions; 177
(16) Employees of the governor's office; 179
(17) Fire chiefs and chiefs of police in civil service 181
townships appointed by boards of township trustees under section 182
505.38 or 505.49 of the Revised Code; 183
(18) Executive directors, deputy directors, and program 185
directors employed by boards of alcohol, drug addiction, and 186
mental health services under Chapter 340. of the Revised Code, 187
and secretaries of the executive directors, deputy directors, and 188
program directors; 189
(19) Superintendents, and management employees as defined 191
in section 5126.20 of the Revised Code, of county boards of 192
mental retardation and developmental disabilities; 193
(20) Physicians, nurses, and other employees of a county 195
hospital who are appointed pursuant to sections 339.03 and 339.06 196
of the Revised Code; 197
(21) The executive director of the state medical board, 199
who is appointed pursuant to division (B) of section 4731.05 of 200
the Revised Code; 201
(22) County directors of human services as provided in 203
section 329.02 of the Revised Code and administrators appointed 204
under section 329.021 of the Revised Code; 205
(23) A director of economic development who is hired 207
pursuant to division (A) of section 307.07 of the Revised Code; 208
(24) Chiefs of construction and compliance, of operations 210
and maintenance, and of licensing and certification in the 211
division of industrial compliance in the department of commerce; 212
(25) The executive director of a county transit system 214
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appointed under division (A) of section 306.04 of the Revised 215
Code;
(26) Up to five positions at each of the administrative 217
departments listed in section 121.02 of the Revised Code and at 218
the department of taxation, department of the adjutant general, 219
department of education, Ohio board of regents, bureau of 220
employment services, bureau of workers' compensation, industrial 221
commission, state lottery commission, and public utilities 222
commission of Ohio that the head of that administrative 223
department or of that other state agency determines to be
involved in policy development and implementation. The head of 224
the administrative department or other state agency shall set the 225
compensation for employees in these positions at a rate that is 226
not less than the minimum compensation specified in pay range 41 227
but not more than the maximum compensation specified in pay range 228
44 of salary schedule E-2 in section 124.152 of the Revised Code. 229
The authority to establish positions in the unclassified service 230
under division (A)(26) of this section is in addition to and does 231
not limit any other authority that an administrative department 232
or state agency has under the Revised Code to establish 233
positions, appoint employees, or set compensation. 234
(27) Employees of the department of agriculture employed 236
under section 901.09 of the Revised Code; 237
(28) For cities, counties, civil service townships, city 239
health districts, general health districts, and city school 241
districts, the deputies and assistants of elective or principal 242
executive officers authorized to act for and in the place of 243
their principals or holding a fiduciary relation to their
principals; 244
(29) Employees who receive external interim, intermittent, 246
or temporary appointments under division (B) of section 124.30 of 247
the Revised Code;
(30) Employees appointed to administrative staff positions 249
for which an appointing authority is given specific statutory 250
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authority to set compensation; 251
(31) Employees appointed to highway patrol cadet or 253
highway patrol cadet candidate classifications. 254
(B) The classified service shall comprise all persons in 256
the employ of the state and the several counties, cities, city 257
health districts, general health districts, and city school 258
districts thereof, not specifically included in the unclassified 259
service. Upon the creation by the board of trustees of a civil 260
service township civil service commission, the classified service 261
shall also comprise, except as otherwise provided in division 262
(A)(17) or (C) of this section, all persons in the employ of 263
civil service township police or fire departments having ten or 264
more full-time paid employees. The classified service consists 265
of two classes, which shall be designated as the competitive 266
class and the unskilled labor class. 267
(1) The competitive class shall include all positions and 269
employments in the state and the counties, cities, city health 270
districts, general health districts, and city school districts 271
thereof, and upon the creation by the board of trustees of a 272
civil service township of a township civil service commission all 273
positions in civil service township police or fire departments 274
having ten or more full-time paid employees, for which it is 275
practicable to determine the merit and fitness of applicants by 276
competitive examinations. Appointments shall be made to, or 277
employment shall be given in, all positions in the competitive 278
class that are not filled by promotion, reinstatement, transfer, 279
or reduction, as provided in this chapter, and the rules of the 280
director of administrative services, by appointment from those 281
certified to the appointing officer in accordance with this 282
chapter. 283
(2) The unskilled labor class shall include ordinary 285
unskilled laborers. Vacancies in the labor class shall be filled 286
by appointment from lists of applicants registered by the 287
director. The director or the commission, by rule, shall require 289
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an applicant for registration in the labor class to furnish such 290
evidence or take such tests as the director considers proper with 291
respect to age, residence, physical condition, ability to labor, 292
honesty, sobriety, industry, capacity, and experience in the work 293
or employment for which application is made. Laborers who 294
fulfill the requirements shall be placed on the eligible list for 295
the kind of labor or employment sought, and preference shall be 296
given in employment in accordance with the rating received from 297
such evidence or in such tests. Upon the request of an 298
appointing officer, stating the kind of labor needed, the pay and 299
probable length of employment, and the number to be employed, the 300
director shall certify from the highest on the list double the 301
number to be employed; from this number the appointing officer 302
shall appoint the number actually needed for the particular work. 303
If more than one applicant receives the same rating, priority in 304
time of application shall determine the order in which their 305
names shall be certified for appointment. 306
(C) A municipal or civil service township civil service 308
commission may place volunteer firefighters who are paid on a 310
fee-for-service basis in either the classified or the 311
unclassified civil service. 312
(D) This division does not apply to persons in the 314
unclassified service who have the right to resume positions in 315
the classified service under sections 4121.121, 5119.071, 316
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 317
5501.19 of the Revised Code. 318
An appointing authority whose employees are paid directly 321
by warrant of the auditor of state may appoint a person who holds 322
a certified position in the classified service within the 323
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 326
division to a position in the unclassified service shall retain
the right to resume the position and status held by the person in 328
the classified service immediately prior to the person's
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appointment to the position in the unclassified service, 329
regardless of the number of positions the person held in the 331
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 332
that position in the classified service held previously, as 334
certified by the director of administrative services. If the
position the person previously held in the classified service has 335
been placed in the unclassified service or is otherwise 337
unavailable, the person shall be appointed to a position in the 338
classified service within the appointing authority's agency that 339
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 340
classified service. Service in the position in the unclassified 342
service shall be counted as service in the position in the 343
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 344
When a person is reinstated to a position in the classified 346
service as provided in this division, the person is entitled to 347
all rights, status, and benefits accruing to the position in the 348
classified service during the person's time of service in the
position in the unclassified service. 350
Sec. 329.05. The county department of human services may 359
administer or assist in administering any state or local human 360
services activity in addition to those mentioned in section 362
329.04 of the Revised Code, supported wholly or in part by public 363
funds from any source provided by agreement between the board of 364
county commissioners and the officer, department, board, or 365
agency in which the administration of such activity is vested. 366
Such officer, department, board, or agency may enter into such 367
agreement and confer upon the county department of human 368
services, to the extent and in particulars specified in the 369
agreement, the performance of any duties and the exercise of any 370
powers imposed upon or vested in such officer, board, department, 371
or agency, with respect to the administration of such activity. 372
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Such agreement shall be in the form of a resolution of the board 373
of county commissioners, accepted in writing by the other party 374
to the agreement, and filed in the office of the county auditor, 375
and when so filed, shall have the effect of transferring the 376
exercise of the powers and duties to which the agreement relates 377
and shall exempt the other party from all further responsibility 378
for the exercise of the powers and duties so transferred, during 379
the life of the agreement. 380
Such agreement shall be coordinated and not conflict with a 382
partnership agreement entered into under section 307.98, a 383
contract entered into under section 307.981 or 307.982, plan of 384
cooperation entered into under section 307.983, a transportation 385
work plan developed under section 307.984, or procedures for 386
providing services to children whose families relocate frequently 387
established under section 307.985 of the Revised Code. It may be 388
revoked at the option of either party, by a resolution or order 389
of the revoking party filed in the office of the auditor. Such 390
revocation shall become effective at the end of the fiscal year 391
occurring at least six months following the filing of the 392
resolution or order. In the absence of such an express 393
revocation so filed, the agreement shall continue indefinitely. 394
This section does not permit a county department of human 396
services to manage or control county or district tuberculosis or 397
other hospitals, humane societies, detention homes, jails or 398
probation departments of courts, or veterans service commissions. 399
Sec. 339.11. The TO PROVIDE CARE FOR THE INDIGENT SICK AND 408
DISABLED, THE board of county commissioners may enter INTO an 409
agreement with one or more corporations or associations organized 411
EITHER for charitable purposes or for the purpose of maintaining 413
and operating a hospital in any county in which such hospital has 415
been established, for the care of the indigent sick and disabled, 416
excepting persons afflicted with pulmonary tuberculosis, upon
such terms as are agreed upon between the board and such 418
corporations or associations. Such THE board shall provide for 419
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the payment of the amount agreed upon in BY MAKING one payment, 421
or PAYING installments, or PAYING so much from year to year as 422
the parties stipulate. This section does not authorize the 423
payment of public funds to a sectarian institution, EXCEPT WHEN 424
THE PAYMENT IS MADE UNDER SECTIONS 339.71 TO 339.86 OF THE 425
REVISED CODE FOR TREATMENT OF PERSONS WITH TUBERCULOSIS. The 426
board may employ the necessary and properly qualified employees 428
to assist it in carrying out all responsibilities devolving upon 429
such board by reason of any agreement, entered into in accordance 430
with this section.
Sec. 339.16. A board of trustees of any county hospital, 439
or of any county or district tuberculosis hospital, may contract 440
for, purchase, or otherwise procure on behalf of any or all of 441
its employees or such employees and their immediate dependents 442
the following types of fringe benefits: 443
(A) Group or individual insurance contracts which may 445
include life, sickness, accident, disability, annuities, 446
endowment, health, medical expense, hospital, dental, surgical 447
and related coverage or any combination thereof; 448
(B) Group or individual contracts with health insuring 450
corporations or other providers of professional services, care, 452
or benefits duly authorized to do business in this state.
A board of trustees of any county hospital, or of any 454
county or district tuberculosis hospital, may contract for, 455
purchase, or otherwise procure insurance contracts which provide 456
protection for the trustees and employees against liability, 457
including professional liability, provided that this section or 458
any insurance contract issued pursuant to this section shall not 459
be construed as a waiver of or in any manner affect the immunity 460
of the hospital or county. 461
All or any portion of the cost, premium, fees, or charges 463
therefor may be paid in such manner or combination of manners as 464
the board of trustees may determine, including direct payment by 465
the employee, and, if authorized in writing by the employee, by 466
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the board of trustees with moneys made available by deduction 467
from or reduction in salary or wages or by the foregoing of a 468
salary or wage increase. 469
Notwithstanding sections 3917.01 and 3917.06 of the Revised 471
Code, the board of trustees may purchase group life insurance 472
authorized by this section by reason of payment of premiums 473
therefor by the board of trustees from its funds, and such group 474
life insurance may be issued and purchased if otherwise 475
consistent with sections 3917.01 to 3917.06 of the Revised Code. 476
Sec. 339.17. (A) Sections 140.03 and 140.05 of the 485
Revised Code are alternatives to sections 339.02 to 339.13 of the 486
Revised Code. Sections 339.02 to 339.14 and 339.21 to 339.39 of 487
the Revised Code are not applicable with respect to hospital 488
facilities and services provided for under leases or agreements 489
entered into pursuant to section 140.03 or 140.05 of the Revised 490
Code, except to the extent made applicable by section 140.03 or 491
140.05 of the Revised Code and the leases and agreements made 492
thereunder. 493
(B) Notwithstanding division (A) of this section, the 495
requirements of sections 339.091 and 339.092 of the Revised Code 496
apply to an initial agreement with a board of county 497
commissioners, board of county hospital trustees, or county 498
hospital commission for the acquisition, operation, or lease of a 499
county hospital operated by a board of county hospital trustees 500
under section 339.06 of the Revised Code, entered into pursuant 501
to section 140.03 or 140.05 of the Revised Code, but not to any 502
amendment or renewal of such agreement. 503
Sec. 339.71. AS USED IN THIS SECTION AND SECTIONS 339.72 505
TO 339.86 OF THE REVISED CODE: 506
(A) "ACTIVE TUBERCULOSIS" MEANS TUBERCULOSIS THAT HAS BEEN 509
DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC 510
EVIDENCE TO BE PRESENT IN AN INDIVIDUAL WHO HAS NOT COMPLETED AN 512
APPROPRIATE COURSE OF ANTI-TUBERCULOSIS MEDICATION, REGARDLESS OF 513
THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES 514
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BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS. 515
(B) "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY 518
TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH EXAMINATION OF A
CULTURE OF SPECIMENS OBTAINED FROM THE INDIVIDUAL'S RESPIRATORY 519
TRACT, TO BE IN A STAGE AT WHICH IT CAN BE TRANSMITTED TO ANOTHER 521
INDIVIDUAL.
(C) "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 524
AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.
(D) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 527
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 528
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 529
(E) "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 531
AFFECTS THE LUNGS. 532
(F) "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING 535
IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS: 536
(1) MYCOBACTERIUM TUBERCULOSIS; 538
(2) MYCOBACTERIUM BOVIS; 540
(3) MYCOBACTERIUM AFRICANUM. 542
Sec. 339.72. EACH BOARD OF COUNTY COMMISSIONERS SHALL 544
PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL 545
UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY 546
ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY 547
COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY 548
DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT. THE ENTITY 549
DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 550
MAY BE ANY OF THE FOLLOWING: 551
(A) A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A 554
BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO 555
SECTION 3709.22 OF THE REVISED CODE;
(B) A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT 557
RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE; 559
(C) A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY 562
COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE; 563
(D) A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES 566
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UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO 567
SECTION 339.75 OF THE REVISED CODE.
Sec. 339.73. EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL 569
UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT SERVICES ARE MADE 570
AVAILABLE TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE 571
AREA SERVED BY THE UNIT. SERVICES SHALL BE MADE AVAILABLE TO ANY 573
RESIDENT OF THE AREA SERVED, REGARDLESS OF THE LENGTH OF TIME 574
THAT THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S 575
INCOME AND RESOURCES. THE SERVICES PROVIDED SHALL AT LEAST 576
INCLUDE TREATMENT BY A PHYSICIAN AND PROVISION OF 577
ANTI-TUBERCULOSIS MEDICATION AND MAY INCLUDE MAKING REFERRALS FOR
RECEIPT OF TREATMENT OR TEMPORARY HOUSING. 579
Sec. 339.42 339.74. The county commissioners of each 588
county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall 589
establish a TUBERCULOSIS record bureau, appoint a director 591
thereof, and appoint such assistants as are required to keep and 592
maintain adequate records with respect to all known cases of 594
tuberculosis within the county. The county commissioners may
delegate the authority to operate such bureau to a county or 595
district tuberculosis hospital, a county tuberculosis clinic, a 596
joint county tuberculosis clinic, or a city or general health 597
district. All tuberculosis hospitals, tuberculosis clinics, 598
general and private hospitals and all boards of health shall
immediately report all cases of tuberculosis which are known to 599
them to such record bureau, and they shall supply the bureau with 600
such data with respect to such cases and with respect to the 601
persons who live or work in close contact with such cases as it 602
requests AREA SERVED BY THE UNIT.
Sec. 339.38 339.75. The board of county commissioners of 611
any county may contract with the board of trustees of a county or 612
district tuberculosis A CITY OR GENERAL HEALTH DISTRICT BOARD OF 613
HEALTH, ANY hospital or with the director of health for, clinic 615
services, or OTHER HEALTH CARE ENTITY for the care, treatment, 616
and maintenance of residents of the county who are suffering from 617
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WITH tuberculosis. The board of county commissioners of the 619
county in which such patients reside shall pay to the board of 620
trustees of such county or district tuberculosis hospital, or to 621
the treasurer of state, ENTITY WITH WHICH IT CONTRACTS the amount 623
provided in the contract. They shall also pay for the
transportation of patients and attendants. The board of county 624
commissioners may also contract for the care and treatment of 625
residents of the county suffering from tuberculosis with a 626
general hospital, properly equipped both as to personnel and 627
facilities for the care and treatment of tuberculosis, or with a 628
person, firm, association, or corporation operating a hospital 629
exclusively for the care and treatment of the tuberculous. No 630
contract shall be made unless such general or private hospital 631
has been inspected and approved by the department of health. Such 633
approval may be withdrawn and such contract shall be cancelled, 634
if, in the judgment of the department, such general or private 635
hospital is not properly managed. If such approval is withdrawn, 636
the person, firm, association, or corporation operating such 637
institutions may appeal to the public health council for a 638
decision.
Sec. 339.39 339.76. The board of county commissioners of 647
any county may establish and maintain one or more tuberculosis 648
clinics in the county, may employ physicians, public health 649
nurses, and other persons for the operation of such clinics or 650
other means as are provided for the prevention, cure, and 651
treatment of tuberculosis, and may provide by tax levies, or 652
otherwise, the necessary funds for such clinics to be 653
established, maintained, and operated. Clinics so established 654
shall be under the control of the board of county commissioners, 655
and shall be supervised by a board of three trustees, similar in 656
all respects to and with all the powers enjoyed by a board of 657
trustees of a county tuberculosis hospital, or by a city or 658
general district board of health within the county, as the board 659
of county commissioners designates. 660
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The boards of county commissioners of two or more counties 662
may join together to establish a joint county tuberculosis 663
clinic. Clinics so established shall be under the control of the 664
joint boards of county commissioners of the member counties and 665
shall be supervised by a board of trustees, such board to consist 666
of an equal number of trustees from each of the member counties, 667
with all of the powers enjoyed by a board of trustees of a county 668
tuberculosis hospital, or by a city or general health district 669
board of health within the county where the clinic is located, as 670
the member boards of county commissioners shall designate. The 671
cost of the establishment and the maintenance of such clinics 672
shall be distributed among the member counties as agreed upon by 673
such members, and such costs shall be paid from the respective 674
county general funds, or from tax levies, or both. 675
Sec. 339.43 339.77. (A) The director of health shall make 684
available financial assistance for treatment of tuberculosis 685
patients to counties operating an acceptable tuberculosis 686
program. Annually, the director shall pay to the BOARD OF county 687
commissioners of the patient's legal residence a per-active-case 688
amount that equals the annually appropriated funds divided by the 691
number of active cases with documented completion of an approved 692
course of treatment during the previous fiscal year. Total 693
payment shall not exceed the amount of funds appropriated for the 694
purpose. The Ohio public health council DIRECTOR shall provide 695
forms for documentation and shall determine what constitutes an 696
"acceptable tuberculosis program," an "approved course of
treatment," and an "active case." The director or his THE 698
DIRECTOR'S authorized agent shall upon request be allowed access 699
to any patient's medical records in order to verify the accuracy 700
of the information submitted to justify such financial 701
assistance. If such medical records are denied or are 702
unavailable, the financial assistance shall terminate or be 703
denied.
(B) ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF 705
17
COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS 706
WITH TUBERCULOSIS. TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF 707
FUNDS APPROPRIATED FOR THE PURPOSE. THE DIRECTOR SHALL PRESCRIBE 708
THE RATE OF REIMBURSEMENT FOR DETENTION. ANY FUNDS NOT EXPENDED 709
FOR THIS PURPOSE BY THE END OF A FISCAL YEAR SHALL BE DISBURSED 710
TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE WITH 711
DIVISION (A) OF THIS SECTION.
Sec. 339.78. (A) WHEN A PHYSICIAN COMPLETES DIAGNOSTIC 714
STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE 715
PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE 716
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT. A PHYSICIAN SHALL 717
MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO 718
COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS 719
DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO 720
SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS. AT ANY TIME IT IS 721
DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE 722
OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT. 723
THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS 725
SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT 726
REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE 727
TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO 728
THE REGIMEN.
IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN 730
SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT 731
REQUESTS. THE INFORMATION SHALL BE PROVIDED AT INTERVALS 732
SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT. 733
(B) IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS 735
UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT 736
TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS: 737
(1) THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER 739
FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS 740
CONFIRMED OR SUSPECTED OF HAVING TUBERCULOSIS SHALL REPORT THE 741
CASE TO THE TUBERCULOSIS CONTROL UNIT; 742
(2) THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS 744
18
FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE 745
TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT 746
OBTAINED;
(3) ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS 748
TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS 749
CONTROL UNIT. 750
Sec. 339.79. A COUNTY OR DISTRICT TUBERCULOSIS CONTROL 752
UNIT SHALL MAKE A REPORT TO THE DEPARTMENT OF HEALTH EACH TIME 753
THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE REVISED 754
CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR A CASE 755
OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS. IF THE 758
REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF THIS 759
STATE, THE UNIT ALSO SHALL MAKE A REPORT TO THE STATE OR LOCAL 760
PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE 761
INDIVIDUAL RESIDES.
Sec. 339.80. (A) WHEN A COUNTY OR DISTRICT TUBERCULOSIS 763
CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 765
REVISED CODE OF A CONFIRMED CASE OF TUBERCULOSIS, THE UNIT SHALL 766
CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL CONTACT WITH THE 767
INDIVIDUAL WITH TUBERCULOSIS. THE INVESTIGATION SHALL COMMENCE 768
NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT RECEIVES THE 769
REPORT.
(B) WHEN A REPORT OF SUSPECTED TUBERCULOSIS IS RECEIVED, 772
THE TUBERCULOSIS CONTROL UNIT SHALL CONDUCT AN INVESTIGATION TO 773
DETERMINE WHETHER THE INDIVIDUAL HAS TUBERCULOSIS. PENDING 774
CONFIRMATION THAT THE SUSPICION OF TUBERCULOSIS IS CORRECT, THE 775
UNIT MAY CONTACT THE INDIVIDUAL AND PROCEED WITH AN INVESTIGATION 776
AS THOUGH THE SUSPECTED CASE IS A CONFIRMED CASE OF TUBERCULOSIS. 777
Sec. 339.81. ANY INFORMATION, DATA, AND REPORTS WITH 780
RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR 781
PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR 782
THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR 784
STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF 785
CONTROLLING TUBERCULOSIS IN THIS STATE. NO PHYSICIAN, HOSPITAL, 786
19
OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT 787
TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO 789
HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, OR BE HELD LIABLE IN 790
DAMAGES TO ANY PERSON, OR BE HELD TO ANSWER FOR WILLFUL BETRAYAL 791
OF A PROFESSIONAL CONFIDENCE.
Sec. 339.82. THE FOLLOWING APPLY TO INDIVIDUALS WITH 793
TUBERCULOSIS:
(A)(1) AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING 796
ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS 797
TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN. 798
THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF
ANTI-TUBERCULOSIS MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF 799
TUBERCULOSIS, AND INSTRUCTIONS FOR FOLLOWING CONTAGION 800
PRECAUTIONS TO PREVENT THE SPREAD OF TUBERCULOSIS. 801
(2) IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED 803
ANTI-TUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1) 804
OF THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 805
SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS 806
REQUIRED TO BE WITNESSED INGESTING THE ANTI-TUBERCULOSIS 807
MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT. THE INDIVIDUAL 808
SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE. 809
(B) AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS 812
NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY 813
PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR
DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE 814
MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD 815
OF THE DISEASE. AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO 816
CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE 817
TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO 818
HOSPITALIZATION AND REMAIN HOSPITALIZED.
(C) AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO 821
TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT
TUBERCULOSIS CONTROL UNIT. THE UNIT SHALL NOTIFY THE 822
TUBERCULOSIS CONTROL UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO 824
20
WHICH THE INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE OR THE
APPROPRIATE PUBLIC HEALTH AUTHORITY OF THE STATE TO WHICH THE 825
INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE. 826
Sec. 339.83. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 828
CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR 829
COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION 830
339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL 831
THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND 832
THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE 834
REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.84. IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION 837
339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS 838
CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO 840
COMPLY.
Sec. 339.85. IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 842
ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY 843
OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE 845
COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE
INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER. IF THE 847
TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE 848
TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE 849
PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN 850
INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A 851
PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE 852
MATTER.
Sec. 339.86. (A) IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 855
INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE 856
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE 857
PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER 858
WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL 859
IN A HOSPITAL OR OTHER PLACE TO BE TREATED OR EXAMINED FOR 861
TUBERCULOSIS. IN THE REQUEST, THE UNIT SHALL PROVIDE THE 862
FOLLOWING INFORMATION:
(1) THE NAME OF THE INDIVIDUAL; 864
21
(2) THE PURPOSE OF MAKING THE REQUEST FOR DETENTION; 867
(3) AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A 869
DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL 870
THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST; 871
(4) A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE 873
INDIVIDUAL SHOULD BE DETAINED; 874
(5) A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE 877
USED FOR THE DETENTION.
(B) THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN 880
INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS. AT THE 881
END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW 882
THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT 883
MORE THAN NINETY DAYS. AT THE END OF EACH SUBSEQUENT PERIOD OF 884
DETENTION, THE COURT SHALL REVIEW THE CASE. WHEN THE COURT 885
RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE 886
ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL 887
TERMINATE THE ORDER FOR DETENTION. 888
(C) AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION 891
MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES, 892
ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE 893
NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A 894
REASONABLE NUMBER OF THOSE INDIVIDUALS. AN INDIVIDUAL WHO HAS 895
BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF 896
ANTI-TUBERCULOSIS MEDICATION. THE INDIVIDUAL MAY, AT ANY TIME, 897
SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED 898
FROM DETENTION.
DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S 900
DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO 901
BE REPRESENTED BY COUNSEL. IF THE INDIVIDUAL IS INDIGENT, THE 902
INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL. THE COURT MAY 903
APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE 904
INDIVIDUAL IS INDIGENT.
Sec. 339.87. (A) WHEN A TUBERCULOSIS CONTROL UNIT HAS 906
REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS 907
22
SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL 908
DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS 909
CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A 910
SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL 911
TO A HOSPITAL OR OTHER PLACE TO BE TREATED AND EXAMINED FOR
TUBERCULOSIS. 912
(B) NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER 914
DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION, 915
THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF 916
THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION 917
ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE. 918
IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE 919
IMMEDIATELY RELEASED. AN INDIVIDUAL RELEASED FOR THIS REASON 920
SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF 921
THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS
AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF 922
SECTION 339.86 OF THE REVISED CODE. 923
Sec. 339.88. THE EXPENSES INCURRED FOR DETENTION UNDER 925
SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE 926
INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE 927
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE 928
INDIVIDUAL WAS REMOVED. THE BOARD OF COUNTY COMMISSIONERS MAY 929
APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION 930
339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT
INDIVIDUALS WITH TUBERCULOSIS. 931
Sec. 3107.18. (A) Except when giving effect to such a 940
decree would violate the public policy of this state, a court 942
decree terminating the relationship of parent and child, or 943
establishing the relationship by adoption, issued pursuant to due 944
process of law by a court of any jurisdiction outside this state, 945
whether within or outside the United States, shall be recognized
in this state, and the rights and obligations of the parties as 946
to all matters within the jurisdiction of this state, including, 947
without limitation, those matters specified in section 3107.15 of 948
23
the Revised Code, shall be determined as though the decree were 949
issued by a court of this state. A decree or certificate of 951
adoption that is issued under the laws of a foreign country and
that is verified and approved by the immigration and 952
naturalization service of the United States shall be recognized 953
in this state. Nothing in this section prohibits a court from 954
issuing a final decree of adoption or interlocutory order of 955
adoption pursuant to section 3107.14 of the Revised Code for a 956
person the petitioner has adopted pursuant to a decree or 957
certificate of adoption recognized in this state that was issued 959
outside the United States. 960
(B) If a child born in a foreign country is placed with 962
adoptive parents or an adoptive parent in this state for the 963
purpose of adoption and if the adoption previously has been 964
finalized in the country of the child's birth, the adoptive 965
parent or parents may bring a petition in the probate court in 966
their county of residence, requesting that the court issue a
final decree of adoption or an interlocutory order of adoption 968
pursuant to section 3701.14 3107.14 of the Revised Code. In a 969
proceeding on the petition, proof of finalization of the adoption 971
outside the United States is prima-facie evidence of the consent 972
of the parties who are required to give consent even if the
foreign decree or certificate of adoption was issued with respect 973
to only one of two adoptive parents who seek to adopt the child 974
in this state.
(C) At the request of a person who has adopted a person 976
pursuant to a decree or certificate of adoption recognized in 977
this state that was issued outside the United States, the court 979
of the county in which the person making the request resides 980
shall order the department of health to issue a foreign birth 981
record for the adopted person under division (A)(4) of section 983
3705.12 of the Revised Code. The court may specify a change of 984
name for the child and, if a physician has recommended a revision 985
of the birth date, a revised birth date. The court shall send to 987
24
the department with its order a copy of the foreign adoption 988
decree or certificate of adoption and, if the foreign decree or 989
certificate of adoption is not in English, a translation 990
certified as to its accuracy by the translator and provided by 991
the person who requested the order.
Sec. 3313.55. The board of education of any school 1,000
district may establish such special schools as it deems necessary 1,001
for all persons who are afflicted with tuberculosis, and may 1,002
cause all youth, within such district, so afflicted, to be 1,003
excluded from the regular schools, and may provide for and pay 1,004
from the school funds, the expense of transportation of such 1,005
persons to and from such special schools. The board of any 1,006
school district in which is located a state, district, county, or 1,007
municipal hospital for children with tuberculosis or epilepsy or 1,008
any public institution, except state institutions for the care 1,009
and treatment of delinquent, unstable, or socially maladjusted 1,010
children, shall make provision for the education of all educable 1,011
children therein; except that in the event another school 1,012
district within the same county or an adjoining county is the 1,013
source of sixty per cent or more of the children in said hospital 1,014
or institution, the board of that school district shall make 1,015
provision for the education of all the children therein. In any 1,016
case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS 1,017
SECTION, the board which THAT provides the educational facilities 1,019
shall be entitled to all moneys authorized for the attendance of 1,020
pupils as provided in Chapter 3317. of the Revised Code;, tuition 1,021
as provided in section 3317.08 of the Revised Code;, and such 1,022
additional compensation as is provided for crippled children in 1,023
sections 3323.01 to 3323.12 of the Revised Code. Any board which 1,024
THAT provides the educational facilities for children in county 1,025
or municipal institutions established for the care and treatment 1,026
of children who are delinquent, unstable, or socially maladjusted 1,027
shall not be entitled to any moneys provided for crippled 1,028
children in sections 3323.01 to 3323.12 of the Revised Code. 1,029
25
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 1,039
and (C) of this section, any student enrolled in kindergarten 1,040
more than half time shall be reported as one-half student under 1,041
this section.
(A) The superintendent of each city and exempted village 1,044
school district and of each educational service center shall, for 1,045
the schools under the superintendent's supervision, certify to 1,046
the state board of education on or before the fifteenth day of 1,047
October in each year for the first full school week in October 1,048
the formula ADM, which shall consist of the average daily 1,049
membership during such week of the sum of the following: 1,050
(1) On an FTE basis, the number of students in grades 1,053
kindergarten through twelve receiving any educational services 1,054
from the district, except that the following categories of 1,055
students shall not be included in the determination: 1,056
(a) Students enrolled in adult education classes; 1,058
(b) Adjacent or other district students enrolled in the 1,060
district under an open enrollment policy pursuant to section 1,061
3313.98 of the Revised Code; 1,062
(c) Students receiving services in the district pursuant 1,064
to a compact, cooperative education agreement, or a contract, but 1,065
who are entitled to attend school in another district pursuant to 1,066
section 3313.64 or 3313.65 of the Revised Code; 1,067
(d) Students for whom tuition is payable pursuant to 1,070
sections 3317.081 and 3323.141 of the Revised Code. 1,071
(2) On an FTE basis, the number of students entitled to 1,074
attend school in the district pursuant to section 3313.64 or 1,075
3313.65 of the Revised Code, but receiving educational services 1,077
in grades kindergarten through twelve from one or more of the
following entities: 1,078
(a) A community school pursuant to Chapter 3314. of the 1,081
Revised Code or Section 50.52 of Amended Substitute House Bill 1,082
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 1,084
26
3313.979 of the Revised Code as described in division (I)(2)(a) 1,086
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 1,088
Code;
(d) An adjacent or other school district under an open 1,091
enrollment policy adopted pursuant to section 3313.98 of the 1,092
Revised Code; 1,093
(e) An educational service center or cooperative education 1,096
district;
(f) Another school district under a cooperative education 1,099
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 1,101
joint vocational school district or under a vocational education 1,102
compact;
(4) The number of handicapped children, other than 1,104
handicapped preschool children, entitled to attend school in the 1,105
district pursuant to section 3313.64 or 3313.65 of the Revised 1,107
Code who are placed with a county MR/DD board, minus the number 1,110
of such children placed with a county MR/DD board in fiscal year 1,111
1998. If this calculation produces a negative number, the number 1,113
reported under division (A)(4) of this section shall be zero. 1,115
(B) To enable the department of education to obtain the 1,118
data needed to complete the calculation of payments pursuant to 1,119
this chapter, in addition to the formula ADM, each superintendent 1,121
shall report separately the following student counts: 1,122
(1) The total average daily membership in regular day 1,124
classes included in the report under division (A)(1) or (2) of 1,125
this section for kindergarten, and each of grades one through 1,126
twelve in schools under the superintendent's supervision; 1,128
(2) The average daily membership of all handicapped 1,130
preschool children included in a unit approved for the district 1,131
under section 3317.05 of the Revised Code, in accordance with 1,132
rules adopted under that section; 1,133
(3) The number of children entitled to attend school in 1,135
27
the district pursuant to section 3313.64 or 3313.65 of the 1,136
Revised Code who are participating in a pilot project scholarship 1,138
program established under sections 3313.974 to 3313.979 of the 1,139
Revised Code as described in division (I)(2)(a) or (b) of this 1,141
section, are enrolled in a college under Chapter 3365. of the 1,142
Revised Code, are enrolled in an adjacent or other school 1,143
district under section 3313.98 of the Revised Code, are enrolled 1,144
in a community school established under Chapter 3314. of the 1,146
Revised Code or Section 50.52 of Amended Substitute House Bill 1,147
No. 215 of the 122nd general assembly, or are participating in a 1,148
program operated by a county MR/DD board or a state institution; 1,150
(4) The number of pupils enrolled in joint vocational 1,152
schools; 1,153
(5) The average daily membership of handicapped children 1,156
reported under division (A)(1) or (2) of this section receiving 1,157
category one special education services, described in division 1,158
(A) of section 3317.013 of the Revised Code; 1,159
(6) The average daily membership of handicapped children 1,161
reported under division (A)(1) or (2) of this section receiving 1,162
category two special education services, described in division 1,163
(B) of section 3317.013 of the Revised Code; 1,164
(7) The average daily membership of handicapped children 1,166
reported under division (A)(1) or (2) of this section identified 1,168
as having any of the handicaps specified in division (F)(3) of 1,169
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 1,171
division (A)(1) or (2) of this section enrolled in vocational 1,173
education programs or classes operated by the school district or 1,174
by another district other than a joint vocational school district
or by an educational service center; 1,175
(9) The average number of children transported by the 1,177
school district on board-owned or contractor-owned and -operated 1,178
buses, reported in accordance with rules adopted by the 1,180
department of education;
28
(10)(a) The number of children, other than handicapped 1,183
preschool children, the district placed with a county MR/DD board 1,184
in fiscal year 1998; 1,185
(b) The number of handicapped children, other than 1,187
handicapped preschool children, placed with a county MR/DD board 1,189
in the current fiscal year to receive category one special 1,190
education services, described in division (A) of section 3317.013 1,192
of the Revised Code; 1,193
(c) The number of handicapped children, other than 1,195
handicapped preschool children, placed with a county MR/DD board 1,197
in the current fiscal year to receive category two special 1,198
education services, described in division (B) of section 3317.013 1,200
of the Revised Code; 1,201
(d) The number of handicapped children, other than 1,203
handicapped preschool children, placed with a county MR/DD board 1,205
in the current fiscal year to receive category three special 1,206
education services, described in division (F)(3) of section 1,208
3317.02 of the Revised Code. 1,210
(C) Except as otherwise provided in this section for 1,212
kindergarten students, the average daily membership in divisions 1,213
(B)(1) to (8) of this section shall be based upon the number of 1,215
full-time equivalent students. The state board of education 1,216
shall adopt rules defining full-time equivalent students and for 1,217
determining the average daily membership therefrom for the 1,219
purposes of divisions (A) and (B) of this section. No child 1,220
shall be counted as more than a total of one child in the sum of 1,222
the average daily memberships of a school district under division 1,223
(A) or under divisions (B)(1) to (8) of this section. Based on 1,224
the information reported under this section, the department of 1,225
education shall determine the total student count, as defined in 1,226
section 3301.011 of the Revised Code, for each school district. 1,227
(D) The superintendent of each joint vocational and 1,229
cooperative education school district shall certify to the 1,231
superintendent of public instruction, in a manner prescribed by
29
the state board of education, the applicable average daily 1,232
memberships for all students in the joint vocational or 1,234
cooperative education school district, also indicating the city, 1,235
local, or exempted village school district of residence for each 1,236
pupil.
(E) In each school of each city, local, exempted village, 1,238
joint vocational, and cooperative education school district there 1,239
shall be maintained a record of school membership, which record 1,240
shall accurately show, for each day the school is in session, the 1,241
actual membership enrolled in regular day classes. For the 1,242
purpose of determining average daily membership, the membership 1,243
figure of any school shall not include any pupils except those 1,244
pupils described by division (A) of this section. The record of 1,246
membership for each school shall be maintained in such manner 1,247
that no pupil shall be counted as in membership prior to the 1,248
actual date of entry in the school and also in such manner that 1,249
where for any cause a pupil permanently withdraws from the school 1,250
that pupil shall not be counted as in membership from and after 1,252
the date of such withdrawal. There shall not be included in the 1,253
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 1,256
a public high school;
(2) Any pupil who is not a resident of the state; 1,258
(3) Any pupil who was enrolled in the schools of the 1,261
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 1,262
not take one or more of the tests required by that section and 1,263
was not excused pursuant to division (C)(1) of that section; 1,264
(4) Any pupil who has attained the age of twenty-two 1,266
years, except for the following: 1,267
(a) Persons suffering from tuberculosis and receiving 1,269
treatment in any approved state, county, district, or municipal 1,270
tuberculosis hospital who have not graduated from the twelfth 1,271
grade of a public high school; 1,272
30
(b) Veterans VETERANS of the armed services whose 1,274
attendance was interrupted before completing the recognized 1,276
twelve-year course of the public schools by reason of induction 1,277
or enlistment in the armed forces and who apply for reenrollment 1,278
in the public school system of their residence not later than 1,279
four years after termination of war or their honorable discharge. 1,280
If, however, any veteran described by division (E)(4)(b) of 1,283
this section elects to enroll in special courses organized for 1,284
veterans for whom tuition is paid under the provisions of federal 1,285
laws, or otherwise, that veteran shall not be included in average 1,287
daily membership.
Notwithstanding division (E)(3) of this section, the 1,289
membership of any school may include a pupil who did not take a 1,290
test required by section 3301.0711 of the Revised Code if the 1,291
superintendent of public instruction grants a waiver from the 1,292
requirement to take the test to the specific pupil. The 1,293
superintendent may grant such a waiver only for good cause in 1,294
accordance with rules adopted by the state board of education. 1,295
The average daily membership figure of any local, city, or 1,297
exempted village school district shall be determined by dividing 1,298
the figure representing the sum of the number of pupils enrolled 1,299
during each day the school of attendance is actually open for 1,300
instruction during the first full school week in October by the 1,302
total number of days the school was actually open for instruction 1,303
during that week. For purposes of state funding, "enrolled" 1,304
persons are only those pupils who are attending school, those who 1,305
have attended school during the current school year and are 1,306
absent for authorized reasons, and those handicapped children 1,307
currently receiving home instruction. 1,308
The average daily membership figure of any joint vocational 1,310
or cooperative education school district shall be determined in 1,311
accordance with rules adopted by the state board of education. 1,312
(F)(1) If the formula ADM for the first full school week 1,315
in February is at least three per cent greater than that 1,316
31
certified for the first full school week in the preceding 1,317
October, the superintendent of schools of any city or exempted 1,318
village school district or educational service center shall 1,319
certify such increase to the superintendent of public 1,320
instruction. Such certification shall be submitted no later than 1,321
the fifteenth day of February. For the balance of the fiscal 1,322
year, beginning with the February payments, the superintendent of 1,323
public instruction shall use the increased formula ADM in 1,325
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 1,328
event shall the superintendent use an increased membership 1,329
certified to the superintendent after the fifteenth day of 1,330
February.
(2) If during the first full school week in February the 1,332
total number of units for handicapped preschool children that are 1,335
eligible for approval under division (B) of section 3317.05 of 1,336
the Revised Code exceeds the number of such units that have been 1,337
approved for the year under such division, the superintendent of 1,338
schools of any city, exempted village, or cooperative education 1,339
school district or educational service center shall make the 1,340
certifications required by this section for such week. If the 1,341
state board of education determines additional units can be 1,342
approved for the fiscal year within any limitations set forth in 1,343
the acts appropriating moneys for the funding of such units, the 1,345
board shall approve additional units for the fiscal year on the 1,346
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 1,347
computed in the manner prescribed in section 3317.161 or 3317.19 1,349
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 1,351
total number of special education units that are eligible for 1,352
approval under division (D)(1) of section 3317.05 of the Revised 1,353
Code for a joint vocational school district exceeds the number of 1,354
those units that have been approved for the year under that 1,355
32
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 1,356
state board of education determines additional units can be 1,357
approved for the fiscal year within any limitations set forth in 1,358
the acts appropriating moneys for the funding of such units, the 1,359
state board shall approve additional units for the fiscal year on 1,360
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 1,361
computed in the manner prescribed by section 3317.16 of the 1,362
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 1,364
special education program pursuant to section 3323.091 of the 1,365
Revised Code shall, for the programs under such superintendent's 1,367
supervision, certify to the state board of education the average 1,368
daily membership of all handicapped children in classes or 1,369
programs approved annually by the state board of education, in 1,370
the manner prescribed by the superintendent of public 1,371
instruction.
(b) The superintendent of an institution with vocational 1,374
education units approved under division (A) of section 3317.05 of 1,375
the Revised Code shall, for the units under the superintendent's 1,377
supervision, certify to the state board of education the average 1,378
daily membership in those units, in the manner prescribed by the 1,379
superintendent of public instruction. 1,380
(2) The superintendent of each county MR/DD board that 1,382
maintains special education classes or units approved by the 1,383
state board of education pursuant to section 3317.05 of the 1,385
Revised Code shall do both of the following: 1,386
(a) Certify to the state board, in the manner prescribed 1,389
by the board, the average daily membership in classes and units 1,390
approved under division (D)(1) of section 3317.05 of the Revised 1,391
Code for each school district that has placed children in the 1,392
classes or units;
(b) Certify to the state board, in the manner prescribed 1,394
33
by the board, the average daily membership in preschool 1,396
handicapped units approved under division (B) of section 3317.05 1,398
of the Revised Code.
(3) If during the first full school week in February the 1,400
average daily membership of the classes or units maintained by 1,401
the county MR/DD board that are eligible for approval under 1,402
division (D)(1) of section 3317.05 of the Revised Code is greater 1,404
than the average daily membership for the preceding October, the 1,405
superintendent of the board shall make the certifications 1,406
required by this section for such week and, if during the first 1,408
full school week in February the average daily membership of the 1,409
units maintained by the county MR/DD board that are eligible for 1,410
approval under division (B) of section 3317.05 of the Revised 1,411
Code is greater than the average daily membership for the 1,412
preceding October, the superintendent shall certify the average 1,413
daily membership for the first full school week in February for 1,414
such units to the state board of education. If the state board 1,415
determines that additional classes or units can be approved for 1,416
the fiscal year within any limitations set forth in the acts 1,417
appropriating moneys for the funding of such classes and units, 1,418
the board shall approve and fund additional units for the fiscal 1,419
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 1,420
computed in the manner prescribed in sections 3317.161 and 1,422
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 1,425
when any city, local, or exempted village school district 1,426
provides instruction for a nonresident pupil whose attendance is 1,427
unauthorized attendance as defined in section 3327.06 of the 1,428
Revised Code, that pupil's membership shall not be included in 1,429
that district's membership figure used in the calculation of that 1,430
district's formula ADM or included in the determination of any 1,431
unit approved for the district under section 3317.05 of the 1,432
Revised Code. The reporting official shall report separately the 1,433
34
average daily membership of all pupils whose attendance in the 1,434
district is unauthorized attendance, and the membership of each 1,435
such pupil shall be credited to the school district in which the 1,436
pupil is entitled to attend school under division (B) of section 1,437
3313.64 or section 3313.65 of the Revised Code as determined by 1,438
the department of education. 1,439
(I)(1) A school district admitting a scholarship student 1,441
of a pilot project district pursuant to division (C) of section 1,442
3313.976 of the Revised Code may count such student in its 1,443
average daily membership.
(2) In any year for which funds are appropriated for pilot 1,445
project scholarship programs, a school district implementing a 1,446
state-sponsored pilot project scholarship program that year 1,447
pursuant to sections 3313.974 through 3313.979 of the Revised 1,449
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 1,451
scholarship to attend kindergarten in any alternative school, as 1,452
defined in division (A)(9) of section 3313.974 of the Revised 1,453
Code;
(b) All children who were enrolled in the district in the 1,455
preceding year who are utilizing a scholarship to attend any such 1,456
alternative school. 1,457
Sec. 3701.01. As used in sections 3701.01, 3701.04, 1,466
3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code: 1,468
(A) "The federal act" means Title VI of the "Public Health 1,470
Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended. 1,471
(B) "The surgeon general" means the surgeon general of the 1,473
public health service of the United States or such other officer 1,474
or employee of the United States responsible for administration 1,475
of the federal act. 1,476
(C) "Hospital" includes public health centers and general, 1,478
tuberculosis, mental, chronic disease, and other types of 1,479
hospitals, and related facilities, such as laboratories, 1,480
outpatient departments, nurses' home facilities, extended care 1,481
35
facilities, self-care units, and central service facilities 1,482
operated in connection with hospitals, and also includes 1,483
education and training facilities for health professions 1,484
personnel operated as an integral part of a hospital, but does 1,485
not include any hospital furnishing primarily domiciliary care. 1,486
(D) "Public health center" means a publicly owned facility 1,488
for the housing of the public health services of a community and 1,489
one which makes available equipment to aid physicians in the 1,490
prevention, diagnosis, and treatment of disease. 1,491
(E) "Nonprofit hospital," or "nonprofit" as applied to a 1,493
facility, means any hospital or facility owned and operated by 1,494
one or more nonprofit corporations or associations no part of the 1,495
net earnings of which inures, or may lawfully inure, to the 1,496
benefit of any private shareholder or individual. 1,497
(F) "Medical facilities" means outpatient facilities, 1,499
rehabilitation facilities, and facilities for long-term care, 1,500
including nursing homes, as those terms are defined in the 1,501
federal act, and such other facilities for which federal aid may 1,502
be authorized under the federal act. 1,503
Sec. 3701.14. (A) The director of health shall make 1,512
inquiry as to the cause of disease, especially when contagious, 1,513
infectious, epidemic, or endemic, and take prompt action to 1,514
control and suppress it. The reports of births and deaths, the 1,515
sanitary conditions and effects of localities and employments, 1,516
the personal and business habits of the people, and the relation 1,517
of the diseases of man and beast, shall be subjects of study by 1,518
the director. The director may make and execute orders necessary 1,519
to protect the people against diseases of lower animals, and 1,520
shall collect and preserve information in respect to such matters 1,521
and kindred subjects as may be useful in the discharge of the 1,522
director's duties, and for dissemination among the people. When 1,524
called upon by the state or local governments, or the board of 1,525
health of a general or city health district, the director shall 1,526
promptly investigate and report upon the water supply, sewerage, 1,528
36
disposal of excreta of any locality, and the heating, plumbing, 1,529
and ventilation of a public building. 1,530
The (B) WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY: 1,532
(1) THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY 1,534
COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED 1,535
CODE;
(2) THE director shall maintain registries of hospitals, 1,537
clinics, physicians, or other care providers to whom the director 1,539
shall refer persons who make inquiries to the department of 1,540
health regarding possible exposure to tuberculosis; 1,541
(3) THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE 1,543
ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF 1,545
EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF 1,546
TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION 1,547
OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS; 1,548
(4) THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO 1,551
RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;
(5) THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS 1,554
TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE 1,555
SPECIFIED BY THE DIRECTOR. EACH TUBERCULOSIS CONSULTANT SHALL 1,556
ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND 1,557
SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND 1,558
OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN THE 1,559
PREVENTION, CARE, TREATMENT, AND CONTROL OF TUBERCULOSIS AND FOR 1,560
REVIEWING MEDICAL RECORDS PERTAINING TO THE TREATMENT PROVIDED TO 1,562
INDIVIDUALS WITH TUBERCULOSIS.
(6) THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES 1,565
ESTABLISHING STANDARDS FOR THE FOLLOWING:
(a) PERFORMING TUBERCULOSIS SCREENINGS; 1,567
(b) PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN 1,569
EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF 1,570
HAVING TUBERCULOSIS; 1,571
(c) PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS; 1,573
(d) METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE 1,575
37
TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS; 1,576
(e) PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND 1,578
STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS; 1,579
(f) SELECTING LABORATORIES THAT PROVIDE IN A TIMELY 1,581
FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS. THE 1,582
STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE 1,583
GIVEN TO LABORATORIES LOCATED IN THIS STATE. 1,584
THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. 1,587
OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY 1,588
RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE 1,589
CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE UNITED STATES 1,590
PUBLIC HEALTH SERVICE OR BY THE AMERICAN THORACIC SOCIETY. THE 1,591
RULES SHALL APPLY TO COUNTY OR DISTRICT TUBERCULOSIS CONTROL 1,592
UNITS, PHYSICIANS WHO EXAMINE AND TREAT INDIVIDUALS FOR 1,593
TUBERCULOSIS, AND LABORATORIES THAT PERFORM TESTS FOR 1,594
TUBERCULOSIS. 1,595
Sec. 3702.62. (A) Any action pursuant to section 140.03, 1,604
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 1,605
339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31, 1,606
339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15, 1,608
513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28, 1,609
749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in 1,610
accordance with sections 3702.51 to 3702.61 of the Revised Code. 1,611
(B) A nursing home certified as an intermediate care 1,613
facility for the mentally retarded under Title XIX of the "Social 1,614
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,615
that is required to apply for licensure as a residential facility 1,616
under section 5123.19 of the Revised Code is not, with respect to 1,617
the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 1,618
to 3702.61 of the Revised Code. 1,619
Sec. 3727.01. As used in this section, "health maintenance 1,628
organization" means a public or private organization organized 1,629
under the law of any state that is qualified under section 1,630
38
1310(d) of Title XIII of the "Public Health Service Act," 87 1,631
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the 1,632
following: 1,633
(A) Provides or otherwise makes available to enrolled 1,635
participants health care services including at least the 1,636
following basic health care services: usual physician services, 1,637
hospitalization, laboratory, x-ray, emergency and preventive 1,638
service, and out-of-area coverage; 1,639
(B) Is compensated, except for copayments, for the 1,641
provision of basic health care services to enrolled participants 1,642
by a payment that is paid on a periodic basis without regard to 1,643
the date the health care services are provided and that is fixed 1,644
without regard to the frequency, extent, or kind of health 1,645
service actually provided; 1,646
(C) Provides physician services primarily in either of the 1,648
following ways: 1,649
(1) Directly through physicians who are either employees 1,651
or partners of the organization; 1,652
(2) Through arrangements with individual physicians or one 1,654
or more groups of physicians organized on a group-practice or 1,655
individual-practice basis. 1,656
As used in this chapter, "hospital" means an institution 1,658
classified as a hospital under section 3701.07 of the Revised 1,659
Code in which are provided to inpatients diagnostic, medical, 1,660
surgical, obstetrical, psychiatric, or rehabilitation care for a 1,661
continuous period longer than twenty-four hours; a tuberculosis 1,662
hospital; or a hospital operated by a health maintenance 1,663
organization. "Hospital" does not include a facility licensed 1,664
under Chapter 3721. of the Revised Code, a health care facility 1,665
operated by the department of mental health or the department of 1,666
mental retardation and developmental disabilities, a health 1,667
maintenance organization that does not operate a hospital, the 1,668
office of any private licensed health care professional, whether 1,669
organized for individual or group practice, or a clinic that 1,670
39
provides ambulatory patient services and where patients are not 1,671
regularly admitted as inpatients. "Hospital" also does not 1,672
include an institution for the sick that is operated exclusively 1,674
for patients who use spiritual means for healing and for whom the 1,675
acceptance of medical care is inconsistent with their religious 1,676
beliefs, accredited by a national accrediting organization,
exempt from federal income taxation under section 501 of the 1,677
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as 1,679
amended, and providing twenty-four hour nursing care pursuant to 1,680
the exemption in division (G) of section 4723.32 of the Revised 1,681
Code from the licensing requirements of Chapter 4723. of the 1,682
Revised Code.
Sec. 5705.01. As used in this chapter: 1,690
(A) "Subdivision" means any county; municipal corporation; 1,692
township; township police district; township fire district; joint 1,693
fire district; joint ambulance district; joint emergency medical 1,694
services district; fire and ambulance district; joint recreation 1,695
district; township waste disposal district; township road 1,696
district; community college district; technical college district; 1,697
detention home district; a district organized under section 1,698
2151.65 of the Revised Code; a combined district organized under 1,699
sections 2151.34 and 2151.65 of the Revised Code; a joint-county 1,700
alcohol, drug addiction, and mental health service district; a 1,701
drainage improvement district created under section 6131.52 of 1,702
the Revised Code; a union cemetery district; a county school 1,703
financing district; or a city, local, exempted village, 1,704
cooperative education, or joint vocational school district. 1,705
(B) "Municipal corporation" means all municipal 1,707
corporations, including those that have adopted a charter under 1,708
Article XVIII, Ohio Constitution. 1,709
(C) "Taxing authority" or "bond issuing authority" means, 1,711
in the case of any county, the board of county commissioners; in 1,712
the case of a municipal corporation, the council or other 1,713
legislative authority of the municipal corporation; in the case 1,714
40
of a city, local, exempted village, cooperative education, or 1,715
joint vocational school district, the board of education; in the 1,716
case of a community college district, the board of trustees of 1,717
the district; in the case of a technical college district, the 1,718
board of trustees of the district; in the case of a detention 1,719
home district, a district organized under section 2151.65 of the 1,720
Revised Code, or a combined district organized under sections 1,721
2151.34 and 2151.65 of the Revised Code, the joint board of 1,722
county commissioners of the district; in the case of a township, 1,723
the board of township trustees; in the case of a joint fire 1,724
district, the board of fire district trustees; in the case of a 1,725
joint recreation district, the joint recreation district board of 1,726
trustees; in the case of a joint-county alcohol, drug addiction, 1,727
and mental health service district, the district's board of 1,728
alcohol, drug addiction, and mental health services; in the case 1,729
of a joint ambulance district or a fire and ambulance district, 1,730
the board of trustees of the district; in the case of a union 1,732
cemetery district, the legislative authority of the municipal 1,733
corporation and the board of township trustees, acting jointly as 1,734
described in section 759.341 of the Revised Code; in the case of 1,735
a drainage improvement district, the board of county 1,736
commissioners of the county in which the drainage district is 1,737
located; in the case of a joint emergency medical services 1,738
district, the joint board of county commissioners of all counties 1,739
in which all or any part of the district lies; and in the case of 1,740
a township police district, a township fire district, a township 1,741
road district, or a township waste disposal district, the board 1,742
of township trustees of the township in which the district is 1,743
located. "Taxing authority" also means the educational service 1,744
center governing board that serves as the taxing authority of a 1,745
county school financing district as provided in section 3311.50 1,746
of the Revised Code. 1,747
(D) "Fiscal officer" in the case of a county, means the 1,749
county auditor; in the case of a municipal corporation, the city 1,750
41
auditor or village clerk, or such officer as, by virtue of the 1,751
charter, has the duties and functions of the city auditor or 1,752
village clerk, except that in the case of a municipal university 1,753
the board of directors of which have assumed, in the manner 1,754
provided by law, the custody and control of the funds of the 1,755
university, the chief accounting officer of the university shall 1,756
perform, with respect to the funds, the duties vested in the 1,757
fiscal officer of the subdivision by sections 5705.41 and 5705.44 1,758
of the Revised Code; in the case of a school district, the 1,759
treasurer of the board of education; in the case of a county 1,760
school financing district, the treasurer of the educational 1,761
service center governing board that serves as the taxing 1,763
authority; in the case of a township, the township clerk; in the 1,764
case of a joint fire district, the clerk of the board of fire 1,765
district trustees; in the case of a joint ambulance district, the 1,766
clerk of the board of trustees of the district; in the case of a 1,767
joint emergency medical services district, the person appointed 1,768
as fiscal officer pursuant to division (D) of section 307.053 of 1,769
the Revised Code; in the case of a fire and ambulance district, 1,770
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 1,771
recreation district, the person designated pursuant to section 1,772
755.15 of the Revised Code; in the case of a union cemetery 1,773
district, the clerk of the municipal corporation designated in 1,774
section 759.34 of the Revised Code; in the case of a children's 1,775
home district, tuberculosis hospital district, educational 1,776
service center, general health district, joint-county alcohol, 1,778
drug addiction, and mental health service district, county 1,779
library district, detention home district, district organized 1,780
under section 2151.65 of the Revised Code, a combined district 1,781
organized under sections 2151.34 and 2151.65 of the Revised Code, 1,782
or a metropolitan park district for which no treasurer has been 1,783
appointed pursuant to section 1545.07 of the Revised Code, the 1,784
county auditor of the county designated by law to act as the 1,785
42
auditor of the district; in the case of a metropolitan park 1,786
district which has appointed a treasurer pursuant to section 1,787
1545.07 of the Revised Code, that treasurer; in the case of a 1,788
drainage improvement district, the auditor of the county in which 1,789
the drainage improvement district is located; and in all other 1,790
cases, the officer responsible for keeping the appropriation 1,791
accounts and drawing warrants for the expenditure of the moneys 1,792
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 1,794
property, asset, or improvement with an estimated life or 1,795
usefulness of five years or more, including land and interests 1,796
therein, and reconstructions, enlargements, and extensions 1,797
thereof having an estimated life or usefulness of five years or 1,798
more. 1,799
(F) "Current operating expenses" and "current expenses" 1,801
mean the lawful expenditures of a subdivision, except those for 1,802
permanent improvements, and except payments for interest, sinking 1,803
fund, and retirement of bonds, notes, and certificates of 1,804
indebtedness of the subdivision. 1,805
(G) "Debt charges" means interest, sinking fund, and 1,807
retirement charges on bonds, notes, or certificates of 1,808
indebtedness. 1,809
(H) "Taxing unit" means any subdivision or other 1,811
governmental district having authority to levy taxes on the 1,812
property in the district or issue bonds that constitute a charge 1,813
against the property of the district, including conservancy 1,814
districts, metropolitan park districts, sanitary districts, road 1,815
districts, and other districts. 1,816
(I) "District authority" means any board of directors, 1,818
trustees, commissioners, or other officers controlling a district 1,819
institution or activity that derives its income or funds from two 1,820
or more subdivisions, such as the educational service center, the 1,822
trustees of district tuberculosis hospitals and district 1,823
children's homes, the district board of health, a joint-county 1,824
43
alcohol, drug addiction, and mental health service district's 1,825
board of alcohol, drug addiction, and mental health services, 1,826
detention home districts, a joint recreation district board of 1,827
trustees, districts organized under section 2151.65 of the 1,828
Revised Code, combined districts organized under sections 2151.34 1,829
and 2151.65 of the Revised Code, and other such boards. 1,830
(J) "Tax list" and "tax duplicate" mean the general tax 1,832
lists and duplicates prescribed by sections 319.28 and 319.29 of 1,833
the Revised Code. 1,834
(K) "Property" as applied to a tax levy means taxable 1,836
property listed on general tax lists and duplicates. 1,837
(L) "School library district" means a school district in 1,839
which a free public library has been established that is under 1,840
the control and management of a board of library trustees as 1,841
provided in section 3375.15 of the Revised Code. 1,842
Sec. 5705.191. The taxing authority of any subdivision, 1,851
other than the board of education of a school district or the 1,852
taxing authority of a county school financing district, by a vote 1,853
of two-thirds of all its members, may declare by resolution that 1,854
the amount of taxes that may be raised within the ten-mill 1,855
limitation by levies on the current tax duplicate will be 1,856
insufficient to provide an adequate amount for the necessary 1,857
requirements of the subdivision, and that it is necessary to levy 1,858
a tax in excess of such limitation for any of the purposes in 1,859
section 5705.19 of the Revised Code, or to supplement the general 1,860
fund for the purpose of making appropriations for one or more of 1,861
the following purposes: public assistance, human or social 1,862
services, relief, welfare, hospitalization, health, and support 1,863
of general or tuberculosis hospitals, and that the question of 1,864
such additional tax levy shall be submitted to the electors of 1,865
the subdivision at a general, primary, or special election to be 1,866
held at a time therein specified. Such resolution shall not 1,867
include a levy on the current tax list and duplicate unless such 1,868
election is to be held at or prior to the general election day of 1,869
44
the current tax year. Such resolution shall conform to the 1,871
requirements of section 5705.19 of the Revised Code, except that 1,872
a levy to supplement the general fund for the purposes of public 1,873
assistance, human or social services, relief, welfare, 1,874
hospitalization, health, or the support of general or 1,875
tuberculosis hospitals may not be for a longer period than ten 1,876
years. All other levies under this section may not be for a 1,877
longer period than five years unless a longer period is permitted 1,878
by section 5705.19 of the Revised Code, and the resolution shall 1,879
specify the date of holding such election, which shall not be 1,880
earlier than seventy-five days after the adoption and 1,881
certification of such resolution. The resolution shall go into 1,882
immediate effect upon its passage and no publication of the same 1,883
is necessary other than that provided for in the notice of 1,884
election. A copy of such resolution, immediately after its 1,885
passage, shall be certified to the board of elections of the 1,886
proper county or counties in the manner provided by section 1,887
5705.25 of the Revised Code, and such section shall govern the 1,888
arrangements for the submission of such question and other 1,889
matters with respect to such election, to which section 5705.25 1,890
of the Revised Code refers, excepting that such election shall be 1,891
held on the date specified in the resolution, which shall be 1,892
consistent with the requirements of section 3501.01 of the 1,893
Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year 1,894
and provided that a special election may be held upon the same 1,895
day a primary election is held. Publication of notice of such 1,896
election shall be made in one or more newspapers of general 1,897
circulation in the county once a week for four consecutive weeks. 1,898
If a majority of the electors voting on the question in an 1,900
election held on the day of a primary, presidential primary, or 1,901
general election, or fifty-five per cent of those voting on the 1,902
question at a special election held on any other day vote in 1,903
favor thereof, or, when the question is a levy proposed for 1,904
45
purposes under division (L) of section 5705.19 of the Revised 1,905
Code, if a majority of those voting on the question at a special 1,906
election held on any other day vote in favor thereof, the taxing 1,907
authority of the subdivision may make the necessary levy within 1,908
such subdivision at the additional rate or at any lesser rate 1,909
outside the ten-mill limitation on the tax list and duplicate for 1,910
the purpose stated in the resolution. Such tax levy shall be 1,911
included in the next annual tax budget that is certified to the 1,912
county budget commission. 1,913
After the approval of such a levy by the electors, the 1,917
taxing authority of the subdivision may anticipate a fraction of 1,919
the proceeds of such levy and issue anticipation notes. In the 1,920
case of a continuing levy that is not levied for the purpose of
current expenses, notes may be issued at any time after approval 1,921
of the levy in an amount not more than fifty per cent of the 1,923
total estimated proceeds of the levy for the succeeding ten 1,924
years, less an amount equal to the fraction of the proceeds of 1,925
the levy previously anticipated by the issuance of anticipation 1,927
notes. In the case of a levy for a fixed period that is not for 1,928
the purpose of current expenses, notes may be issued at any time 1,929
after approval of the levy in an amount not more than fifty per 1,930
cent of the total estimated proceeds of the levy throughout the 1,931
remaining life of the levy, less an amount equal to the fraction 1,932
of the proceeds of the levy previously anticipated by the 1,933
issuance of anticipation notes. In the case of a levy for 1,934
current expenses, notes may be issued after the approval of the 1,935
levy by the electors and prior to the time when the first tax 1,936
collection from the levy can be made. Such notes may be issued 1,937
in an amount not more than fifty per cent of the total estimated 1,938
proceeds of the levy throughout the term of the levy in the case 1,939
of a levy for a fixed period, or fifty per cent of the total 1,940
estimated proceeds for the first ten years of the levy in the 1,941
case of a continuing levy.
No anticipation notes that increase the net indebtedness of 1,944
46
a county may be issued without the prior consent of the board of 1,945
county commissioners of that county. The notes shall be issued 1,946
as provided in section 133.24 of the Revised Code, shall have 1,947
principal payments during each year after the year of their 1,948
issuance over a period not exceeding the life of the levy 1,949
anticipated, and may have a principal payment in the year of 1,950
their issuance.
"Taxing authority" and "subdivision" have the same meanings 1,952
as in section 5705.01 of the Revised Code. 1,953
This section is supplemental to and not in derogation of 1,955
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 1,956
Sec. 5705.20. The board of county commissioners of any 1,965
county, in any year, after providing the normal and customary 1,966
percentage of the total general fund appropriations for the 1,967
support of tuberculosis hospitals, or for the care, treatment, 1,968
and maintenance of residents of the county who are suffering from 1,969
tuberculosis at hospitals with which the board has contracted 1,970
pursuant to section 339.20 of the Revised Code, or for the 1,971
support of tuberculosis clinics established pursuant to section 1,972
339.36 or section 339.39 339.76 of the Revised Code, by vote of 1,974
two-thirds of all the members of said board may declare by 1,975
resolution that the amount of taxes which may be raised within 1,976
the ten-mill limitation will be insufficient to provide an 1,977
adequate amount for the support of tuberculosis hospitals, or for 1,978
the care, treatment, and maintenance of residents of the county 1,979
who are suffering from tuberculosis at hospitals with which the 1,980
board has contracted pursuant to such section, or for the support 1,981
of tuberculosis clinics established pursuant to such sections 1,982
SECTION 339.76 OF THE REVISED CODE, and that it is necessary to 1,984
levy a tax in excess of the ten-mill limitation to supplement 1,985
such general fund appropriations for such purpose, but the total 1,986
levy for this purpose shall not exceed sixty-five one hundredths 1,987
of a mill.
Such resolution shall conform to section 5705.19 of the 1,989
47
Revised Code and be certified to the board of elections not less 1,990
than seventy-five days before the general election and submitted 1,991
in the manner provided in section 5705.25 of the Revised Code. 1,992
If the majority of electors voting on a levy to supplement 1,994
general fund appropriations for the support of tuberculosis 1,995
hospitals, or for the care, treatment, and maintenance of 1,996
residents of the county who are suffering from tuberculosis at 1,997
hospitals with which the board has contracted pursuant to section 1,998
339.20 of the Revised Code, or for the support of tuberculosis 1,999
clinics established pursuant to section 339.36 or 339.39 339.76 2,001
of the Revised Code, vote in favor thereof, the board of said 2,002
county may levy a tax within such county at the additional rate 2,003
in excess of the ten-mill limitation during the period and for 2,004
the purpose stated in the resolution or at any less rate or for 2,005
any of said years. 2,006
Sec. 5705.25. (A) A copy of any resolution adopted as 2,015
provided in section 5705.19 of the Revised Code shall be 2,016
certified by the taxing authority to the board of elections of 2,017
the proper county not less than seventy-five days before the 2,018
general election in any year, and the board shall submit the 2,019
proposal to the electors of the subdivision at the succeeding 2,020
November election. Except as otherwise provided in this 2,021
division, a resolution to renew an existing levy, regardless of 2,022
the section of the Revised Code under which the tax was imposed, 2,023
shall not be placed on the ballot unless the question is 2,024
submitted at the general election held during the last year the 2,025
tax to be renewed or replaced may be extended on the real and 2,026
public utility property tax list and duplicate, or at any 2,027
election held in the ensuing year. The limitation of the 2,028
foregoing sentence does not apply to a resolution to renew and 2,029
increase or to renew part of an existing levy that was imposed 2,030
under section 5705.191 of the Revised Code to supplement the 2,031
general fund for the purpose of making appropriations for one or 2,032
more of the following purposes: for public assistance, human or 2,033
48
social services, relief, welfare, hospitalization, health, and 2,034
support of general or tuberculosis hospitals. The board shall 2,035
make the necessary arrangements for the submission of such 2,036
questions to the electors of such subdivision, and the election 2,037
shall be conducted, canvassed, and certified in the same manner 2,038
as regular elections in such subdivision for the election of 2,039
county officers. Notice of the election shall be published in a 2,040
newspaper of general circulation in the subdivision once a week 2,041
for four consecutive weeks prior to the election, stating the 2,042
purpose, the proposed increase in rate, expressed in dollars and 2,043
cents for each one hundred dollars of valuation as well as in 2,044
mills for each one dollar of valuation, the number of years 2,045
during which such increase will be in effect, the first month and 2,046
year in which the tax will be levied, and the time and place of 2,048
the election.
(B) The form of the ballots cast at an election held 2,050
pursuant to division (A) of this section shall be as follows: 2,051
"An additional tax for the benefit of (name of subdivision 2,053
or public library) .......... for the purpose of (purpose stated 2,054
in the resolution) .......... at a rate not exceeding ...... 2,055
mills for each one dollar of valuation, which amounts to (rate 2,056
expressed in dollars and cents) ............ for each one hundred 2,057
dollars of valuation, for ...... (life of indebtedness or number 2,058
of years the levy is to run). 2,059
2,061
For the Tax Levy 2,062
2,063
Against the Tax Levy 2,064
" 2,065
(C) If the levy is to be in effect for a continuing period 2,068
of time, the notice of election and the form of ballot shall so 2,069
state instead of setting forth a specified number of years for 2,070
the levy. 2,071
If the tax is to be placed on the current tax list, the 2,073
49
form of the ballot shall be modified by adding, after the 2,074
statement of the number of years the levy is to run, the phrase 2,075
", beginning in .......... (first month and year the tax is to be 2,077
levied)."
If the levy submitted is a proposal to renew, increase, or 2,079
decrease an existing levy, the form of the ballot specified in 2,080
division (B) of this section may be changed by substituting for 2,081
the words "An additional" at the beginning of the form, the words 2,083
"A renewal of a" in case of a proposal to renew an existing levy 2,084
in the same amount; the words "A renewal of ........ mills and an 2,085
increase of ...... mills to constitute a" in the case of an 2,086
increase; or the words "A renewal of part of an existing levy, 2,087
being a reduction of ...... mills, to constitute a" in the case 2,088
of a decrease in the proposed levy. 2,089
The question covered by such resolution shall be submitted 2,091
as a separate proposition but may be printed on the same ballot 2,092
with any other proposition submitted at the same election, other 2,093
than the election of officers. More than one such question may 2,094
be submitted at the same election. 2,095
(D) A levy voted in excess of the ten-mill limitation 2,097
under this section shall be certified to the tax commissioner. 2,098
In the first year of such levy, it shall be extended on the tax 2,099
lists after the February settlement succeeding such election. If 2,101
such additional tax is to be placed upon the tax list of the 2,102
current year, as specified in the resolution providing for its 2,103
submission, the result of the election shall be certified 2,104
immediately after the canvass by the board of elections to the 2,105
taxing authority, who shall forthwith make the necessary levy and 2,106
certify it to the county auditor, who shall extend it on the tax 2,107
lists for collection. After the first year, the tax levy shall 2,108
be included in the annual tax budget that is certified to the 2,109
county budget commission.
Section 2. That existing sections 124.11, 329.05, 339.11, 2,111
339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55, 2,112
50
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 5705.191, 2,114
5705.20, and 5705.25 and sections 339.20, 339.21, 339.22, 339.23, 2,115
339.231, 339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 2,116
339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 2,118
339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 339.52, 339.53, 2,119
339.54, 339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 339.61, 2,121
339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, and 3707.11 of 2,122
the Revised Code are hereby repealed. 2,123
Section 3. A board of county commissioners that, on the 2,125
effective date of this act, has taken measures for the prevention 2,127
and control of tuberculosis shall, on and after the effective 2,128
date of this act, maintain at least the same level of effort for 2,129
the prevention and control of tuberculosis. The board shall 2,130
negotiate modifications in any contracts or other agreements that
have been entered into prior to the effective date of this act in 2,132
order to bring them into compliance with the system of 2,133
tuberculosis prevention and control established by this act. 2,135
Section 4. Section 5705.01 of the Revised Code is 2,137
presented in this act as a composite of the section as amended by 2,138
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 2,139
Assembly, with the new language of neither of the acts shown in 2,141
capital letters. This is in recognition of the principle stated 2,142
in division (B) of section 1.52 of the Revised Code that such 2,143
amendments are to be harmonized where not substantively 2,144
irreconcilable and constitutes a legislative finding that such is 2,145
the resulting version in effect prior to the effective date of 2,146
this act.