As Reported by the Senate Health, Human Services            2            

                      and Aging Committee*                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 173  6            

      1999-2000                                                    7            


              SENATORS DRAKE-KEARNS-SPADA-PRENTISS                 9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 124.11, 329.05, 339.11, 339.16,     13           

                339.17, 339.38, 339.39, 339.42, 339.43, 3107.18,   14           

                3313.55, 3317.03, 3701.01, 3701.14, 3702.62,       15           

                3727.01, 5705.01, 5705.191, 5705.20, and 5705.25;  16           

                to amend, for the purpose of adopting new section  17           

                numbers as indicated in parentheses, sections      18           

                339.38 (339.75), 339.39 (339.76), 339.42           19           

                (339.74), and 339.43 (339.77); to enact sections   20           

                339.71, 339.72, 339.73, 339.78, 339.79, 339.80,    21           

                339.81, 339.82, 339.83, 339.84, 339.85, 339.86,    22           

                339.87, 339.88, and 339.89; and to repeal                       

                sections 339.20, 339.21, 339.22, 339.23, 339.231,  24           

                339.24, 339.25, 339.26, 339.27, 339.28, 339.29,    25           

                339.30, 339.31, 339.32, 339.33, 339.34, 339.35,    26           

                339.36, 339.37, 339.40, 339.41, 339.45, 339.46,    27           

                339.47, 339.50, 339.51, 339.52, 339.53, 339.54,    28           

                339.55, 339.56, 339.57, 339.58, 339.59, 339.60,    29           

                339.61, 339.62, 339.63, 339.64, 339.99, 3335.43,   30           

                3701.84, and 3707.11 of the Revised Code with                   

                regard to the treatment of tuberculosis.           31           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 124.11, 329.05, 339.11, 339.16,    36           

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,    38           

5705.20, and 5705.25 be amended; sections 339.38 (339.75), 339.39  40           

                                                          2      


                                                                 
(339.76), 339.42 (339.74), and 339.43 (339.77) be amended for the  41           

purpose of adopting new section numbers as indicated in            42           

parentheses; and sections 339.71, 339.72, 339.73, 339.78, 339.79,  44           

339.80, 339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 339.87,    45           

339.88, and 339.89 of the Revised Code be enacted to read as       46           

follows:                                                                        

      Sec. 124.11.  The civil service of the state and the         55           

several counties, cities, civil service townships, city health     56           

districts, general health districts, and city school districts     57           

thereof shall be divided into the unclassified service and the     58           

classified service.                                                59           

      (A)  The unclassified service shall comprise the following   61           

positions, which shall not be included in the classified service,  62           

and which shall be exempt from all examinations required by this   63           

chapter:                                                           64           

      (1)  All officers elected by popular vote or persons         66           

appointed to fill vacancies in such offices;                       67           

      (2)  All election officers as defined in section 3501.01 of  69           

the Revised Code;                                                  70           

      (3)  The members of all boards and commissions, and heads    72           

of principal departments, boards, and commissions appointed by     73           

the governor or by and with the governor's consent; and the        74           

members of all boards and commissions and all heads of             75           

departments appointed by the mayor, or, if there is no mayor,      76           

such other similar chief appointing authority of any city or city  77           

school district; except as otherwise provided in division (A)(17)  78           

or (C) of this section, this chapter does not exempt the chiefs    79           

of police departments and chiefs of fire departments of cities or  80           

civil service townships from the competitive classified service;   81           

      (4)  The members of county or district licensing boards or   83           

commissions and boards of revision, and deputy county auditors;    84           

      (5)  All officers and employees elected or appointed by      86           

either or both branches of the general assembly, and such          87           

employees of the city legislative authority as are engaged in      88           

                                                          3      


                                                                 
legislative duties;                                                89           

      (6)  All commissioned, warrant, and noncommissioned          91           

officers and enlisted persons in the Ohio organized militia,       93           

including military appointees in the adjutant general's            95           

department;                                                                     

      (7)(a)  All presidents, business managers, administrative    97           

officers, superintendents, assistant superintendents, principals,  98           

deans, assistant deans, instructors, teachers, and such employees  99           

as are engaged in educational or research duties connected with    100          

the public school system, colleges, and universities, as           101          

determined by the governing body of the public school system,      102          

colleges, and universities;                                        103          

      (b)  The library staff of any library in the state           105          

supported wholly or in part at public expense.                     106          

      (8)  Four clerical and administrative support employees for  108          

each of the elective state officers; and three clerical and        109          

administrative support employees for other elective officers and   110          

each of the principal appointive executive officers, boards, or    111          

commissions, except for civil service commissions, that are        112          

authorized to appoint such clerical and administrative support     113          

employees;                                                         114          

      (9)  The deputies and assistants of state agencies           116          

authorized to act for and on behalf of the agency, or holding a    117          

fiduciary or administrative relation to that agency and those      118          

persons employed by and directly responsible to elected county     119          

officials or a county administrator and holding a fiduciary or     120          

administrative relationship to such elected county officials or    121          

county administrator, and the employees of such county officials   122          

whose fitness would be impracticable to determine by competitive   124          

examination, provided that division (A)(9) of this section shall   125          

not affect those persons in county employment in the classified    126          

service as of September 19, 1961.  Nothing in division (A)(9) of   127          

this section applies to any position in a county department of     128          

job and family services created pursuant to Chapter 329. of the    130          

                                                          4      


                                                                 
Revised Code.                                                      131          

      (10)  Bailiffs, constables, official stenographers, and      133          

commissioners of courts of record, deputies of clerks of the       134          

courts of common pleas who supervise, or who handle public moneys  135          

or secured documents, and such officers and employees of courts    136          

of record and such deputies of clerks of the courts of common      137          

pleas as the director of administrative services finds it          138          

impracticable to determine their fitness by competitive            139          

examination;                                                       140          

      (11)  Assistants to the attorney general, special counsel    142          

appointed or employed by the attorney general, assistants to       143          

county prosecuting attorneys, and assistants to city directors of  144          

law;                                                               145          

      (12)  Such teachers and employees in the agricultural        147          

experiment stations; such students in normal schools, colleges,    148          

and universities of the state who are employed by the state or a   149          

political subdivision of the state in student or intern            150          

classifications; and such unskilled labor positions as the         151          

director of administrative services or any municipal civil         152          

service commission may find it impracticable to include in the     153          

competitive classified service; provided such exemptions shall be  154          

by order of the commission or the director, duly entered on the    155          

record of the commission or the director with the reasons for      156          

each such exemption;                                               157          

      (13)  Any physician or dentist who is a full-time employee   159          

of the department of mental health or the department of mental     160          

retardation and developmental disabilities or of an institution    161          

under the jurisdiction of either department; and physicians who    162          

are in residency programs at the institutions;                     163          

      (14)  Up to twenty positions at each institution under the   165          

jurisdiction of the department of mental health or the department  166          

of mental retardation and developmental disabilities that the      167          

department director determines to be primarily administrative or   168          

managerial; and up to fifteen positions in any division of either  169          

                                                          5      


                                                                 
department, excluding administrative assistants to the director    170          

and division chiefs, which are within the immediate staff of a     171          

division chief and which the director determines to be primarily   172          

and distinctively administrative and managerial;                   173          

      (15)  Noncitizens of the United States employed by the       175          

state, or its counties or cities, as physicians or nurses who are  176          

duly licensed to practice their respective professions under the   177          

laws of Ohio, or medical assistants, in mental, tuberculosis, or   178          

chronic disease hospitals, or institutions;                        179          

      (16)  Employees of the governor's office;                    181          

      (17)  Fire chiefs and chiefs of police in civil service      183          

townships appointed by boards of township trustees under section   184          

505.38 or 505.49 of the Revised Code;                              185          

      (18)  Executive directors, deputy directors, and program     187          

directors employed by boards of alcohol, drug addiction, and       188          

mental health services under Chapter 340. of the Revised Code,     189          

and secretaries of the executive directors, deputy directors, and  190          

program directors;                                                 191          

      (19)  Superintendents, and management employees as defined   193          

in section 5126.20 of the Revised Code, of county boards of        194          

mental retardation and developmental disabilities;                 195          

      (20)  Physicians, nurses, and other employees of a county    197          

hospital who are appointed pursuant to sections 339.03 and 339.06  198          

of the Revised Code;                                               199          

      (21)  The executive director of the state medical board,     201          

who is appointed pursuant to division (B) of section 4731.05 of    202          

the Revised Code;                                                  203          

      (22)  County directors of job and family services as         205          

provided in section 329.02 of the Revised Code and administrators  207          

appointed under section 329.021 of the Revised Code;               208          

      (23)  A director of economic development who is hired        210          

pursuant to division (A) of section 307.07 of the Revised Code;    211          

      (24)  Chiefs of construction and compliance, of operations   213          

and maintenance, and of licensing and certification in the         214          

                                                          6      


                                                                 
division of industrial compliance in the department of commerce;   215          

      (25)  The executive director of a county transit system      217          

appointed under division (A) of section 306.04 of the Revised      218          

Code;                                                                           

      (26)  Up to five positions at each of the administrative     220          

departments listed in section 121.02 of the Revised Code and at    221          

the department of taxation, department of the adjutant general,    222          

department of education, Ohio board of regents, bureau of          223          

workers' compensation, industrial commission, state lottery        224          

commission, and public utilities commission of Ohio that the head  225          

of that administrative department or of that other state agency    226          

determines to be involved in policy development and                227          

implementation.  The head of the administrative department or      228          

other state agency shall set the compensation for employees in     229          

these positions at a rate that is not less than the minimum                     

compensation specified in pay range 41 but not more than the       230          

maximum compensation specified in pay range 44 of salary schedule  231          

E-2 in section 124.152 of the Revised Code.  The authority to      232          

establish positions in the unclassified service under division     233          

(A)(26) of this section is in addition to and does not limit any   234          

other authority that an administrative department or state agency  236          

has under the Revised Code to establish positions, appoint                      

employees, or set compensation.                                    237          

      (27)  Employees of the department of agriculture employed    239          

under section 901.09 of the Revised Code;                          240          

      (28)  For cities, counties, civil service townships, city    242          

health districts, general health districts, and city school        244          

districts, the deputies and assistants of elective or principal    245          

executive officers authorized to act for and in the place of       246          

their principals or holding a fiduciary relation to their                       

principals;                                                        247          

      (29)  Employees who receive external interim, intermittent,  249          

or temporary appointments under division (B) of section 124.30 of  250          

the Revised Code;                                                               

                                                          7      


                                                                 
      (30)  Employees appointed to administrative staff positions  252          

for which an appointing authority is given specific statutory      253          

authority to set compensation;                                     254          

      (31)  Employees appointed to highway patrol cadet or         256          

highway patrol cadet candidate classifications.                    257          

      (B)  The classified service shall comprise all persons in    259          

the employ of the state and the several counties, cities, city     260          

health districts, general health districts, and city school        261          

districts thereof, not specifically included in the unclassified   262          

service.  Upon the creation by the board of trustees of a civil    263          

service township civil service commission, the classified service  264          

shall also comprise, except as otherwise provided in division      265          

(A)(17) or (C) of this section, all persons in the employ of       266          

civil service township police or fire departments having ten or    267          

more full-time paid employees.  The classified service consists    268          

of two classes, which shall be designated as the competitive       269          

class and the unskilled labor class.                               270          

      (1)  The competitive class shall include all positions and   272          

employments in the state and the counties, cities, city health     273          

districts, general health districts, and city school districts     274          

thereof, and upon the creation by the board of trustees of a       275          

civil service township of a township civil service commission all  276          

positions in civil service township police or fire departments     277          

having ten or more full-time paid employees, for which it is       278          

practicable to determine the merit and fitness of applicants by    279          

competitive examinations.  Appointments shall be made to, or       280          

employment shall be given in, all positions in the competitive     281          

class that are not filled by promotion, reinstatement, transfer,   282          

or reduction, as provided in this chapter, and the rules of the    283          

director of administrative services, by appointment from those     284          

certified to the appointing officer in accordance with this        285          

chapter.                                                           286          

      (2)  The unskilled labor class shall include ordinary        288          

unskilled laborers.  Vacancies in the labor class shall be filled  289          

                                                          8      


                                                                 
by appointment from lists of applicants registered by the          290          

director.  The director or the commission, by rule, shall require  292          

an applicant for registration in the labor class to furnish such   293          

evidence or take such tests as the director considers proper with  294          

respect to age, residence, physical condition, ability to labor,   295          

honesty, sobriety, industry, capacity, and experience in the work  296          

or employment for which application is made.  Laborers who         297          

fulfill the requirements shall be placed on the eligible list for  298          

the kind of labor or employment sought, and preference shall be    299          

given in employment in accordance with the rating received from    300          

such evidence or in such tests.  Upon the request of an            301          

appointing officer, stating the kind of labor needed, the pay and  302          

probable length of employment, and the number to be employed, the  303          

director shall certify from the highest on the list double the     304          

number to be employed; from this number the appointing officer     305          

shall appoint the number actually needed for the particular work.  306          

If more than one applicant receives the same rating, priority in   307          

time of application shall determine the order in which their       308          

names shall be certified for appointment.                          309          

      (C)  A municipal or civil service township civil service     311          

commission may place volunteer firefighters who are paid on a      313          

fee-for-service basis in either the classified or the              314          

unclassified civil service.                                        315          

      (D)  This division does not apply to persons in the          317          

unclassified service who have the right to resume positions in     318          

the classified service under sections 4121.121, 5119.071,          319          

5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and        320          

5501.19 of the Revised Code.                                       321          

      An appointing authority whose employees are paid directly    324          

by warrant of the auditor of state may appoint a person who holds  325          

a certified position in the classified service within the          326          

appointing authority's agency to a position in the unclassified                 

service within that agency.  A person appointed pursuant to this   329          

division to a position in the unclassified service shall retain                 

                                                          9      


                                                                 
the right to resume the position and status held by the person in  331          

the classified service immediately prior to the person's                        

appointment to the position in the unclassified service,           332          

regardless of the number of positions the person held in the       334          

unclassified service.  Reinstatement to a position in the                       

classified service shall be to a position substantially equal to   335          

that position in the classified service held previously, as        337          

certified by the director of administrative services.  If the                   

position the person previously held in the classified service has  338          

been placed in the unclassified service or is otherwise            340          

unavailable, the person shall be appointed to a position in the    341          

classified service within the appointing authority's agency that   342          

the director of administrative services certifies is comparable                 

in compensation to the position the person previously held in the  343          

classified service.  Service in the position in the unclassified   345          

service shall be counted as service in the position in the         346          

classified service held by the person immediately prior to the                  

person's appointment to the position in the unclassified service.  347          

When a person is reinstated to a position in the classified        349          

service as provided in this division, the person is entitled to    350          

all rights, status, and benefits accruing to the position in the   351          

classified service during the person's time of service in the                   

position in the unclassified service.                              353          

      Sec. 329.05.  The county department of job and family        362          

services may administer or assist in administering any state or    364          

local family services activity in addition to those mentioned in   367          

section 329.04 of the Revised Code, supported wholly or in part    368          

by public funds from any source provided by agreement between the  369          

board of county commissioners and the officer, department, board,  370          

or agency in which the administration of such activity is vested.  371          

Such officer, department, board, or agency may enter into such     372          

agreement and confer upon the county department of job and family  374          

services, to the extent and in particulars specified in the        375          

agreement, the performance of any duties and the exercise of any   376          

                                                          10     


                                                                 
powers imposed upon or vested in such officer, board, department,  377          

or agency, with respect to the administration of such activity.    378          

Such agreement shall be in the form of a resolution of the board   379          

of county commissioners, accepted in writing by the other party    380          

to the agreement, and filed in the office of the county auditor,   381          

and when so filed, shall have the effect of transferring the       382          

exercise of the powers and duties to which the agreement relates   383          

and shall exempt the other party from all further responsibility   384          

for the exercise of the powers and duties so transferred, during   385          

the life of the agreement.                                         386          

      Such agreement shall be coordinated and not conflict with a  388          

partnership agreement entered into under section 307.98, a         389          

contract entered into under section 307.981 or 307.982, a plan of  390          

cooperation entered into under section 307.983, a regional plan    392          

of cooperation entered into under section 307.984, a               393          

transportation work plan developed under section 307.985, or       395          

procedures for providing services to children whose families       397          

relocate frequently established under section 307.986 of the       398          

Revised Code.  It may be revoked at the option of either party,    400          

by a resolution or order of the revoking party filed in the        401          

office of the auditor.  Such revocation shall become effective at  402          

the end of the fiscal year occurring at least six months           403          

following the filing of the resolution or order.  In the absence   404          

of such an express revocation so filed, the agreement shall        405          

continue indefinitely.                                                          

      This section does not permit a county department of job and  407          

family services to manage or control county or district            409          

tuberculosis or other hospitals, humane societies, detention       410          

homes, jails or probation departments of courts, or veterans       411          

service commissions.                                                            

      Sec. 339.11.  The board of county commissioners may enter    420          

INTO an agreement with one or more corporations or associations    422          

organized for charitable purposes or for the purpose of            423          

maintaining and operating a hospital in any county in which such   424          

                                                          11     


                                                                 
hospital has been established, for the care of the indigent sick                

and disabled, excepting INCLUDING INDIGENT persons afflicted with  425          

pulmonary RECEIVING THE tuberculosis, upon such TREATMENT          426          

SPECIFIED IN SECTION 339.73 OF THE REVISED CODE.  THE DOCUMENT     427          

USED TO VERIFY THE AGREEMENT SHALL SPECIFY THE terms as are THAT   429          

HAVE BEEN agreed upon between BY the board and such corporations   430          

or associations.  Such board shall provide for the payment of the  431          

amount agreed upon in one payment, or installments, or so much     432          

from year to year as the parties stipulate.  This section does     433          

not authorize the payment of public funds to a sectarian           434          

institution, EXCEPT WHEN THE PAYMENT IS MADE PURSUANT TO SECTIONS  435          

339.71 TO 339.89 OF THE REVISED CODE.  The board may employ the                 

necessary and properly qualified employees to assist it in         438          

carrying out all responsibilities devolving upon such board by     439          

reason of any agreement, entered into in accordance with this      440          

section.                                                                        

      Sec. 339.16.  A board of trustees of any county hospital,    449          

or of any county or district tuberculosis hospital, may contract   450          

for, purchase, or otherwise procure on behalf of any or all of     451          

its employees or such employees and their immediate dependents     452          

the following types of fringe benefits:                            453          

      (A)  Group or individual insurance contracts which may       455          

include life, sickness, accident, disability, annuities,           456          

endowment, health, medical expense, hospital, dental, surgical     457          

and related coverage or any combination thereof;                   458          

      (B)  Group or individual contracts with health insuring      460          

corporations or other providers of professional services, care,    462          

or benefits duly authorized to do business in this state.                       

      A board of trustees of any county hospital, or of any        464          

county or district tuberculosis hospital, may contract for,        465          

purchase, or otherwise procure insurance contracts which provide   466          

protection for the trustees and employees against liability,       467          

including professional liability, provided that this section or    468          

any insurance contract issued pursuant to this section shall not   469          

                                                          12     


                                                                 
be construed as a waiver of or in any manner affect the immunity   470          

of the hospital or county.                                         471          

      All or any portion of the cost, premium, fees, or charges    473          

therefor may be paid in such manner or combination of manners as   474          

the board of trustees may determine, including direct payment by   475          

the employee, and, if authorized in writing by the employee, by    476          

the board of trustees with moneys made available by deduction      477          

from or reduction in salary or wages or by the foregoing of a      478          

salary or wage increase.                                           479          

      Notwithstanding sections 3917.01 and 3917.06 of the Revised  481          

Code, the board of trustees may purchase group life insurance      482          

authorized by this section by reason of payment of premiums        483          

therefor by the board of trustees from its funds, and such group   484          

life insurance may be issued and purchased if otherwise            485          

consistent with sections 3917.01 to 3917.06 of the Revised Code.   486          

      Sec. 339.17.  (A)  Sections 140.03 and 140.05 of the         495          

Revised Code are alternatives to sections 339.02 to 339.13 of the  496          

Revised Code.  Sections 339.02 to 339.14 and 339.21 to 339.39 of   497          

the Revised Code are not applicable with respect to hospital       498          

facilities and services provided for under leases or agreements    499          

entered into pursuant to section 140.03 or 140.05 of the Revised   500          

Code, except to the extent made applicable by section 140.03 or    501          

140.05 of the Revised Code and the leases and agreements made      502          

thereunder.                                                        503          

      (B)  Notwithstanding division (A) of this section, the       505          

requirements of sections 339.091 and 339.092 of the Revised Code   506          

apply to an initial agreement with a board of county               507          

commissioners, board of county hospital trustees, or county        508          

hospital commission for the acquisition, operation, or lease of a  509          

county hospital operated by a board of county hospital trustees    510          

under section 339.06 of the Revised Code, entered into pursuant    511          

to section 140.03 or 140.05 of the Revised Code, but not to any    512          

amendment or renewal of such agreement.                            513          

      Sec. 339.71.  AS USED IN THIS SECTION AND SECTIONS 339.72    515          

                                                          13     


                                                                 
TO 339.89 OF THE REVISED CODE:                                     516          

      (A)  "ACTIVE TUBERCULOSIS" MEANS TUBERCULOSIS THAT HAS BEEN  519          

DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC         520          

EVIDENCE TO BE PRESENT IN AN INDIVIDUAL WHO HAS NOT COMPLETED AN   522          

APPROPRIATE COURSE OF ANTI-TUBERCULOSIS MEDICATION, REGARDLESS OF  523          

THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES     524          

BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS.                    525          

      (B)  "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY      528          

TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH EXAMINATION OF A                 

CULTURE OF SPECIMENS OBTAINED FROM THE INDIVIDUAL'S RESPIRATORY    529          

TRACT, TO BE IN A STAGE AT WHICH IT CAN BE TRANSMITTED TO ANOTHER  531          

INDIVIDUAL.                                                                     

      (C)  "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT   534          

AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.                               

      (D)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        537          

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND         538          

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       539          

      (E)  "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT        541          

AFFECTS THE LUNGS.                                                 542          

      (F)  "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING   545          

IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS:   546          

      (1)  MYCOBACTERIUM TUBERCULOSIS;                             548          

      (2)  MYCOBACTERIUM BOVIS;                                    550          

      (3)  MYCOBACTERIUM AFRICANUM.                                552          

      Sec. 339.72.  (A)  EACH BOARD OF COUNTY COMMISSIONERS SHALL  554          

PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL      555          

UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY       556          

ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY       557          

COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY     558          

DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT.  THE ENTITY        559          

DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT     560          

MAY BE ANY OF THE FOLLOWING:                                       561          

      (1)  A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A    564          

BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO   565          

                                                          14     


                                                                 
SECTION 3709.22 OF THE REVISED CODE;                                            

      (2)  A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT        567          

RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE;     569          

      (3)  A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY  572          

COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE;      573          

      (4)  A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES   576          

UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO  577          

SECTION 339.75 OF THE REVISED CODE.                                             

      (B)  THE ENTITY DESIGNATED UNDER DIVISION (A) OF THIS        579          

SECTION AS THE TUBERCULOSIS CONTROL UNIT SHALL ACCEPT THAT         580          

DESIGNATION AND FULFILL ITS DUTIES AS THE TUBERCULOSIS CONTROL     581          

UNIT SPECIFIED UNDER SECTIONS 339.71 TO 339.89 OF THE REVISED      582          

CODE.                                                                           

      Sec. 339.73.  EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL   584          

UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT IS MADE AVAILABLE    585          

TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE AREA        587          

SERVED BY THE UNIT.  IN MAKING TREATMENT AVAILABLE, THE                         

TUBERCULOSIS CONTROL UNIT MAY PROVIDE THE TREATMENT OR MAKE        588          

REFERRALS FOR RECEIPT OF TREATMENT FROM OTHER ENTITIES.  THE UNIT  589          

MAY MAKE REFERRALS FOR RECEIPT OF TEMPORARY HOUSING.               590          

      THE TUBERCULOSIS TREATMENT PROVIDED UNDER THIS SECTION IS    592          

LIMITED TO CASES OF ACTIVE TUBERCULOSIS AND INCLUDES PROVISION OF  593          

ANTI-TUBERCULOSIS MEDICATION, CONDUCT OF AN INVESTIGATION UNDER    594          

SECTION 339.80 OF THE REVISED CODE, PROVISION OF APPROPRIATE       595          

FOLLOW-UP SERVICES FOR CONFIRMED CASES OF ACTIVE TUBERCULOSIS,                  

AND PROVISION OF SERVICES BY A PHYSICIAN THROUGH A COURSE OF       596          

THERAPY THAT MEETS THE STANDARDS FOR TUBERCULOSIS TREATMENT        597          

ESTABLISHED BY THE UNITED STATES CENTERS FOR DISEASE CONTROL AND   598          

PREVENTION OR THE AMERICAN THORACIC SOCIETY.                       599          

      THE TUBERCULOSIS CONTROL UNIT SHALL SERVE ALL RESIDENTS      601          

WITHIN ITS JURISDICTION, REGARDLESS OF THE LENGTH OF TIME THAT     602          

THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S INCOME  603          

AND RESOURCES.  AN INDIVIDUAL WHO RECEIVES TUBERCULOSIS TREATMENT  604          

SHALL DISCLOSE TO THE TUBERCULOSIS CONTROL UNIT THE IDENTITY OF    605          

                                                          15     


                                                                 
ANY THIRD PARTY AGAINST WHOM THE INDIVIDUAL HAS OR MAY HAVE A      606          

RIGHT OF RECOVERY FOR THE TREATMENT PROVIDED.  THE BOARD OF                     

COUNTY COMMISSIONERS IS THE PAYOR OF LAST RESORT FOR TUBERCULOSIS  607          

TREATMENT AND SHALL PAY FOR TREATMENT ONLY TO THE EXTENT THAT      608          

PAYMENT IS NOT MADE THROUGH THIRD-PARTY BENEFITS.                  609          

      Sec. 339.42 339.74.  The county commissioners of each        618          

county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall     619          

establish a TUBERCULOSIS record bureau, appoint a director         621          

thereof, and appoint such assistants as are required to keep and   622          

maintain adequate records with respect to all known cases of       624          

tuberculosis within the county.  The county commissioners may                   

delegate the authority to operate such bureau to a county or       625          

district tuberculosis hospital, a county tuberculosis clinic, a    626          

joint county tuberculosis clinic, or a city or general health      627          

district.  All tuberculosis hospitals, tuberculosis clinics,       628          

general and private hospitals and all boards of health shall                    

immediately report all cases of tuberculosis which are known to    629          

them to such record bureau, and they shall supply the bureau with  630          

such data with respect to such cases and with respect to the       631          

persons who live or work in close contact with such cases as it    632          

requests AREA SERVED BY THE UNIT.                                               

      Sec. 339.38 339.75.  The board of county commissioners of    641          

any county may contract with the board of trustees of a county or  642          

district tuberculosis HEALTH OF A CITY OR GENERAL HEALTH DISTRICT  643          

OR ANY hospital or with the director of health OTHER HEALTH CARE   645          

FACILITY for clinic services or for the care, treatment, and       646          

maintenance of residents of the county who are suffering from THE  647          

PROVISION OF THE tuberculosis TREATMENT SPECIFIED UNDER SECTION    648          

339.73 OF THE REVISED CODE.  The board of county commissioners of  649          

the county in which such patients reside shall pay to the board    650          

of trustees of such county or district tuberculosis hospital, or   651          

to the treasurer of state, HEALTH OR HEALTH CARE FACILITY WITH     652          

WHICH IT CONTRACTS the amount provided in the contract.  They      654          

shall also pay for the transportation of patients and attendants.  655          

                                                          16     


                                                                 
The board of county commissioners may also contract for the care   656          

and treatment of residents of the county suffering from            657          

tuberculosis with a general hospital, properly equipped both as    658          

to personnel and facilities for the care and treatment of          659          

tuberculosis, or with a person, firm, association, or corporation  660          

operating a hospital exclusively for the care and treatment of     661          

the tuberculous.  No contract shall be made unless such general    662          

or private hospital has been inspected and approved by the         663          

department of health. Such approval may be withdrawn and such      664          

contract shall be cancelled, if, in the judgment of the            665          

department, such general or private hospital is not properly       666          

managed.  If such approval is withdrawn, the person, firm,         667          

association, or corporation operating such institutions may        668          

appeal to the public health council for a decision.                669          

      Sec. 339.39 339.76.  The board of county commissioners of    678          

any county may establish and maintain one or more tuberculosis     679          

clinics in the county, AND may employ physicians, public health    680          

nurses, and other persons for the operation of such clinics or     681          

other means as are provided for the prevention, cure, and          682          

treatment of tuberculosis, and.  THE BOARD may provide by tax      684          

levies, or otherwise, the necessary funds for such clinics to be   685          

established, maintained, and operated.  Clinics so established     686          

shall be under the control of the board of county commissioners,   687          

and shall be supervised by a board of three trustees, similar in   688          

all respects to and with all the powers enjoyed by a board of      689          

trustees of a county tuberculosis hospital, or by a city or        690          

general district board of health within the county, as the board   691          

of county commissioners designates.                                692          

      The boards of county commissioners of two or more counties   694          

may join together to establish a joint county tuberculosis         695          

clinic.  Clinics so established shall be under the control of the  696          

joint boards of county commissioners of the member counties and    697          

shall be supervised by a board of trustees, such board to consist  698          

of an equal number of trustees from each of the member counties,   699          

                                                          17     


                                                                 
with all of the powers enjoyed by a board of trustees of a county  700          

tuberculosis hospital, or by a city or general health district     701          

board of health within the county where the clinic is located, as  702          

the member boards of county commissioners shall designate.  The    703          

cost of the establishment and the maintenance of such clinics      704          

shall be distributed among the member counties as agreed upon by   705          

such members, and such costs shall be paid from the respective     706          

county general funds, or from tax levies, or both.                 707          

      Sec. 339.43 339.77.  (A)  The director of health shall make  716          

available financial assistance for treatment of tuberculosis       717          

patients to counties operating an acceptable tuberculosis          719          

program.  Annually, the director shall pay to the BOARDS OF        720          

county commissioners of the patient's legal residence a            721          

per-active-case amount that equals the annually appropriated       724          

funds divided by the number of active cases with documented        725          

completion of an approved course of treatment during the previous  726          

fiscal year.  Total payment shall not exceed the amount of funds   727          

appropriated for the purpose.  The Ohio public health council      728          

DIRECTOR shall provide forms for documentation and shall           729          

determine what constitutes an "acceptable tuberculosis program,"   730          

an "approved course of treatment," and an "active case."  The      732          

director or his THE DIRECTOR'S authorized agent shall upon         733          

request be allowed access to any patient's medical records in      734          

order to verify the accuracy of the information submitted to       735          

justify such financial assistance.  If such medical records are    736          

denied or are unavailable, the financial assistance shall          737          

terminate or be denied.                                                         

      (B)  ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF        739          

COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS    740          

WITH TUBERCULOSIS.  TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF   741          

FUNDS APPROPRIATED FOR THE COST OF DETENTION.  THE DIRECTOR SHALL  742          

PRESCRIBE THE RATE OF REIMBURSEMENT FOR DETENTION.  ANY FUNDS NOT  743          

EXPENDED FOR DETENTION BY THE END OF A FISCAL YEAR SHALL BE        744          

DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE  745          

                                                          18     


                                                                 
WITH DIVISION (A) OF THIS SECTION.                                              

      Sec. 339.78.  (A)  WHEN A PHYSICIAN COMPLETES DIAGNOSTIC     748          

STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE        749          

PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE   750          

COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT.  A PHYSICIAN SHALL   751          

MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO            752          

COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS         753          

DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO  754          

SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS.  AT ANY TIME IT IS   755          

DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE   756          

OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT.      757          

      THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS      759          

SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT         760          

REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE     761          

TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO     762          

THE REGIMEN.                                                                    

      IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN       764          

SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT   765          

REQUESTS.  THE INFORMATION SHALL BE PROVIDED AT INTERVALS          766          

SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT.                        767          

      (B)  IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS     769          

UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT           770          

TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS:    771          

      (1)  THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER       773          

FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS        774          

CONFIRMED TO HAVE OR IS SUSPECTED OF HAVING TUBERCULOSIS SHALL     775          

REPORT THE CASE TO THE TUBERCULOSIS CONTROL UNIT;                  777          

      (2)  THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS   779          

FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE            780          

TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT   781          

OBTAINED;                                                                       

      (3)  ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS          783          

TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS         784          

CONTROL UNIT.                                                      785          

                                                          19     


                                                                 
      Sec. 339.79.  A COUNTY OR DISTRICT TUBERCULOSIS CONTROL      787          

UNIT SHALL MAKE A REPORT TO THE DEPARTMENT OF HEALTH EACH TIME     788          

THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE REVISED     789          

CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR A CASE    790          

OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS.  IF THE    793          

REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF THIS     794          

STATE, THE UNIT ALSO SHALL MAKE A REPORT TO THE STATE OR LOCAL     795          

PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE            796          

INDIVIDUAL RESIDES.                                                             

      Sec. 339.80.  WHEN A COUNTY OR DISTRICT TUBERCULOSIS         798          

CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE         800          

REVISED CODE OF A CONFIRMED OR SUSPECTED CASE OF TUBERCULOSIS,     801          

THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL     802          

CONTACT WITH THE INDIVIDUAL WITH TUBERCULOSIS.  THE INVESTIGATION  803          

SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT    804          

RECEIVES THE REPORT.                                               805          

      Sec. 339.81.  ANY INFORMATION, DATA, AND REPORTS WITH        808          

RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR        809          

PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR     810          

THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR   812          

STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF   813          

CONTROLLING TUBERCULOSIS IN THIS STATE.  NO PHYSICIAN, HOSPITAL,   814          

OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT  815          

TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO    817          

HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, BE HELD TO ANSWER                  

FOR WILLFUL BETRAYAL OF A PROFESSIONAL CONFIDENCE, OR BE HELD      819          

LIABLE IN DAMAGES TO ANY PERSON.                                   820          

      Sec. 339.82.  EXCEPT AS PROVIDED IN SECTION 339.89 OF THE    822          

REVISED CODE, ALL OF THE FOLLOWING APPLY TO INDIVIDUALS WITH       823          

TUBERCULOSIS:                                                                   

      (A)(1)  AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING       826          

ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS         827          

TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN.    828          

THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF                                

                                                          20     


                                                                 
ANTI-TUBERCULOSIS MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF    829          

TUBERCULOSIS, AND INSTRUCTIONS FOR FOLLOWING CONTAGION             830          

PRECAUTIONS TO PREVENT THE SPREAD OF TUBERCULOSIS.                 831          

      (2)  IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED               833          

ANTI-TUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1)    834          

OF THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT  835          

SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS          836          

REQUIRED TO BE WITNESSED INGESTING THE ANTI-TUBERCULOSIS           837          

MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT.  THE INDIVIDUAL  838          

SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE.        839          

      (B)  AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS     842          

NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY        843          

PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR                   

DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE            844          

MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD  845          

OF THE DISEASE.  AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO  846          

CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE    847          

TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO   848          

HOSPITALIZATION AND REMAIN HOSPITALIZED.                                        

      (C)  AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO   851          

TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT                          

TUBERCULOSIS CONTROL UNIT.  THE UNIT SHALL NOTIFY THE              852          

TUBERCULOSIS CONTROL UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO  854          

WHICH THE INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE OR THE                       

APPROPRIATE PUBLIC HEALTH AUTHORITY OF THE STATE TO WHICH THE      855          

INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE.                          856          

      Sec. 339.83.  WHEN A COUNTY OR DISTRICT TUBERCULOSIS         858          

CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR       859          

COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION        860          

339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL   861          

THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND    862          

THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE       864          

REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.                               

      Sec. 339.84.  IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION  867          

                                                          21     


                                                                 
339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS    868          

CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO       870          

COMPLY.                                                                         

      Sec. 339.85.  IF AN INDIVIDUAL FAILS TO COMPLY WITH AN       872          

ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY  873          

OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE     875          

COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE               

INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER.  IF THE    877          

TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE    878          

TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE       879          

PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN        880          

INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A    881          

PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE   882          

MATTER.                                                                         

      Sec. 339.86.  (A)  IF AN INDIVIDUAL FAILS TO COMPLY WITH AN  885          

INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE    886          

COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE  887          

PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER       888          

WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL   889          

IN A HOSPITAL OR OTHER PLACE TO BE EXAMINED OR TREATED FOR         891          

TUBERCULOSIS.  IN THE REQUEST, THE UNIT SHALL PROVIDE THE          892          

FOLLOWING INFORMATION:                                                          

      (1)  THE NAME OF THE INDIVIDUAL;                             894          

      (2)  THE PURPOSE OF MAKING THE REQUEST FOR DETENTION;        897          

      (3)  AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A            899          

DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL    900          

THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST;                 901          

      (4)  A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE        903          

INDIVIDUAL SHOULD BE DETAINED;                                     904          

      (5)  A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE     907          

USED FOR THE DETENTION.                                                         

      (B)  THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN       910          

INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS.  AT THE   911          

END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW     912          

                                                          22     


                                                                 
THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT    913          

MORE THAN NINETY DAYS.  AT THE END OF EACH SUBSEQUENT PERIOD OF    914          

DETENTION, THE COURT SHALL REVIEW THE CASE.  WHEN THE COURT        915          

RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE  916          

ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL           917          

TERMINATE THE ORDER FOR DETENTION.                                 918          

      (C)  AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION  921          

MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES,          922          

ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE    923          

NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A      924          

REASONABLE NUMBER OF THOSE INDIVIDUALS.  AN INDIVIDUAL WHO HAS     925          

BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF   926          

ANTI-TUBERCULOSIS MEDICATION.  THE INDIVIDUAL MAY, AT ANY TIME,    927          

SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED   928          

FROM DETENTION.                                                                 

      DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S          930          

DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO   931          

BE REPRESENTED BY COUNSEL.  IF THE INDIVIDUAL IS INDIGENT, THE     932          

INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL.  THE COURT MAY   933          

APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE       934          

INDIVIDUAL IS INDIGENT.                                                         

      Sec. 339.87.  (A)  WHEN A TUBERCULOSIS CONTROL UNIT HAS      936          

REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS    937          

SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL       938          

DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS        939          

CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A    940          

SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL  941          

TO A HOSPITAL OR OTHER PLACE TO BE EXAMINED AND TREATED FOR                     

TUBERCULOSIS.                                                      942          

      (B)  NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER  944          

DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION,     945          

THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF  946          

THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION   947          

ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE.    948          

                                                          23     


                                                                 
IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE    949          

IMMEDIATELY RELEASED.  AN INDIVIDUAL RELEASED FOR THIS REASON      950          

SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF  951          

THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS                 

AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF        952          

SECTION 339.86 OF THE REVISED CODE.                                953          

      Sec. 339.88.  THE EXPENSES INCURRED FOR DETENTION UNDER      955          

SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE  956          

INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE       957          

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE         958          

INDIVIDUAL WAS REMOVED.  THE BOARD OF COUNTY COMMISSIONERS MAY     959          

APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION    960          

339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT                   

INDIVIDUALS WITH TUBERCULOSIS.                                     961          

      Sec. 339.89.  SECTIONS 339.71 TO 339.88 OF THE REVISED       963          

CODE, AND THE RULES FOR TUBERCULOSIS ADOPTED UNDER SECTION         964          

3701.14 OF THE REVISED CODE, DO NOT REQUIRE A PERSON TO UNDERGO    965          

TESTING, MEDICAL TREATMENT, OR DETENTION IN A HOSPITAL OR OTHER                 

PLACE FOR TREATMENT IF THE PERSON, OR, IN THE CASE OF A CHILD,     966          

THE CHILD'S PARENTS, RELY EXCLUSIVELY ON SPIRITUAL TREATMENT       967          

THROUGH PRAYER, IN LIEU OF MEDICAL TREATMENT, IN ACCORDANCE WITH   968          

A RECOGNIZED, RELIGIOUS METHOD OF HEALING.  THE PERSON MAY BE      969          

QUARANTINED OR OTHERWISE SAFELY ISOLATED IN THE HOME OR ANOTHER                 

PLACE THAT IS SUITABLE TO THE HEALTH OF THE PERSON AND HAS BEEN    970          

APPROVED BY THE TUBERCULOSIS CONTROL UNIT AS A PLACE THAT          971          

PROVIDES APPROPRIATE PROTECTION TO OTHER PERSONS AND THE           972          

COMMUNITY.                                                                      

      Sec. 3107.18.  (A)  Except when giving effect to such a      981          

decree would violate the public policy of this state, a court      983          

decree terminating the relationship of parent and child, or        984          

establishing the relationship by adoption, issued pursuant to due  985          

process of law by a court of any jurisdiction outside this state,  986          

whether within or outside the United States, shall be recognized                

in this state, and the rights and obligations of the parties as    987          

                                                          24     


                                                                 
to all matters within the jurisdiction of this state, including,   988          

without limitation, those matters specified in section 3107.15 of  989          

the Revised Code, shall be determined as though the decree were    990          

issued by a court of this state.  A decree or certificate of       992          

adoption that is issued under the laws of a foreign country and                 

that is verified and approved by the immigration and               993          

naturalization service of the United States shall be recognized    994          

in this state.  Nothing in this section prohibits a court from     995          

issuing a final decree of adoption or interlocutory order of       996          

adoption pursuant to section 3107.14 of the Revised Code for a     997          

person the petitioner has adopted pursuant to a decree or          998          

certificate of adoption recognized in this state that was issued   1,000        

outside the United States.                                         1,001        

      (B)  If a child born in a foreign country is placed with     1,003        

adoptive parents or an adoptive parent in this state for the       1,004        

purpose of adoption and if the adoption previously has been        1,005        

finalized in the country of the child's birth, the adoptive        1,006        

parent or parents may bring a petition in the probate court in     1,007        

their county of residence, requesting that the court issue a                    

final decree of adoption or an interlocutory order of adoption     1,009        

pursuant to section 3701.14 3107.14 of the Revised Code.  In a     1,010        

proceeding on the petition, proof of finalization of the adoption  1,012        

outside the United States is prima-facie evidence of the consent   1,013        

of the parties who are required to give consent even if the                     

foreign decree or certificate of adoption was issued with respect  1,014        

to only one of two adoptive parents who seek to adopt the child    1,015        

in this state.                                                                  

      (C)  At the request of a person who has adopted a person     1,017        

pursuant to a decree or certificate of adoption recognized in      1,018        

this state that was issued outside the United States, the court    1,020        

of the county in which the person making the request resides       1,021        

shall order the department of health to issue a foreign birth      1,022        

record for the adopted person under division (A)(4) of section     1,024        

3705.12 of the Revised Code.  The court may specify a change of    1,025        

                                                          25     


                                                                 
name for the child and, if a physician has recommended a revision  1,026        

of the birth date, a revised birth date.  The court shall send to  1,028        

the department with its order a copy of the foreign adoption       1,029        

decree or certificate of adoption and, if the foreign decree or    1,030        

certificate of adoption is not in English, a translation           1,031        

certified as to its accuracy by the translator and provided by     1,032        

the person who requested the order.                                             

      Sec. 3313.55.  The board of education of any school          1,041        

district may establish such special schools as it deems necessary  1,042        

for all persons who are afflicted with tuberculosis, and may       1,043        

cause all youth, within such district, so afflicted, to be         1,044        

excluded from the regular schools, and may provide for and pay     1,045        

from the school funds, the expense of transportation of such       1,046        

persons to and from such special schools.  The board of any        1,047        

school district in which is located a state, district, county, or  1,048        

municipal hospital for children with tuberculosis or epilepsy or   1,049        

any public institution, except state institutions for the care     1,050        

and treatment of delinquent, unstable, or socially maladjusted     1,051        

children, shall make provision for the education of all educable   1,052        

children therein; except that in the event another school          1,053        

district within the same county or an adjoining county is the      1,054        

source of sixty per cent or more of the children in said hospital  1,055        

or institution, the board of that school district shall make       1,056        

provision for the education of all the children therein.  In any   1,057        

case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS   1,058        

SECTION, the board which THAT provides the educational facilities  1,060        

shall be entitled to all moneys authorized for the attendance of   1,061        

pupils as provided in Chapter 3317. of the Revised Code;, tuition  1,062        

as provided in section 3317.08 of the Revised Code;, and such      1,063        

additional compensation as is provided for crippled children in    1,064        

sections 3323.01 to 3323.12 of the Revised Code.  Any board which  1,065        

THAT provides the educational facilities for children in county    1,066        

or municipal institutions established for the care and treatment   1,067        

of children who are delinquent, unstable, or socially maladjusted  1,068        

                                                          26     


                                                                 
shall not be entitled to any moneys provided for crippled          1,069        

children in sections 3323.01 to 3323.12 of the Revised Code.       1,070        

      Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1),     1,080        

and (C) of this section, any student enrolled in kindergarten      1,081        

more than half time shall be reported as one-half student under    1,082        

this section.                                                                   

      (A)  The superintendent of each city and exempted village    1,085        

school district and of each educational service center shall, for  1,086        

the schools under the superintendent's supervision, certify to     1,087        

the state board of education on or before the fifteenth day of     1,088        

October in each year for the first full school week in October     1,089        

the formula ADM, which shall consist of the average daily          1,090        

membership during such week of the sum of the following:           1,091        

      (1)  On an FTE basis, the number of students in grades       1,094        

kindergarten through twelve receiving any educational services     1,095        

from the district, except that the following categories of         1,096        

students shall not be included in the determination:               1,097        

      (a)  Students enrolled in adult education classes;           1,099        

      (b)  Adjacent or other district students enrolled in the     1,101        

district under an open enrollment policy pursuant to section       1,102        

3313.98 of the Revised Code;                                       1,103        

      (c)  Students receiving services in the district pursuant    1,105        

to a compact, cooperative education agreement, or a contract, but  1,106        

who are entitled to attend school in another district pursuant to  1,107        

section 3313.64 or 3313.65 of the Revised Code;                    1,108        

      (d)  Students for whom tuition is payable pursuant to        1,111        

sections 3317.081 and 3323.141 of the Revised Code.                1,112        

      (2)  On an FTE basis, the number of students entitled to     1,115        

attend school in the district pursuant to section 3313.64 or       1,116        

3313.65 of the Revised Code, but receiving educational services    1,118        

in grades kindergarten through twelve from one or more of the                   

following entities:                                                1,119        

      (a)  A community school pursuant to Chapter 3314. of the     1,122        

Revised Code, including any participation in a college pursuant    1,123        

                                                          27     


                                                                 
to Chapter 3365. of the Revised Code while enrolled in such        1,124        

community school;                                                               

      (b)  An alternative school pursuant to sections 3313.974 to  1,126        

3313.979 of the Revised Code as described in division (I)(2)(a)    1,128        

or (b) of this section;                                                         

      (c)  A college pursuant to Chapter 3365. of the Revised      1,130        

Code, except when the student is enrolled in the college while     1,131        

also enrolled in a community school pursuant to Chapter 3314. of   1,132        

the Revised Code;                                                               

      (d)  An adjacent or other school district under an open      1,135        

enrollment policy adopted pursuant to section 3313.98 of the       1,136        

Revised Code;                                                                   

      (e)  An educational service center or cooperative education  1,139        

district;                                                                       

      (f)  Another school district under a cooperative education   1,142        

agreement, compact, or contract.                                                

      (3)  One-fourth of the number of students enrolled in a      1,144        

joint vocational school district or under a vocational education   1,145        

compact;                                                                        

      (4)  The number of handicapped children, other than          1,147        

handicapped preschool children, entitled to attend school in the   1,148        

district pursuant to section 3313.64 or 3313.65 of the Revised     1,150        

Code who are placed with a county MR/DD board, minus the number    1,153        

of such children placed with a county MR/DD board in fiscal year   1,154        

1998.  If this calculation produces a negative number, the number  1,156        

reported under division (A)(4) of this section shall be zero.      1,158        

      (B)  To enable the department of education to obtain the     1,161        

data needed to complete the calculation of payments pursuant to    1,162        

this chapter, in addition to the formula ADM, each superintendent  1,164        

shall report separately the following student counts:              1,165        

      (1)  The total average daily membership in regular day       1,167        

classes included in the report under division (A)(1) or (2) of     1,168        

this section for kindergarten, and each of grades one through      1,169        

twelve in schools under the superintendent's supervision;          1,171        

                                                          28     


                                                                 
      (2)  The number  of all handicapped preschool children       1,175        

enrolled as of the first day of December in classes in the         1,176        

district that are eligible for approval by the state board of      1,177        

education under division (B) of section 3317.05 of the Revised     1,178        

Code and the number of those classes, which shall be reported not  1,179        

later than the fifteenth day of December, in accordance with       1,180        

rules adopted under that section;                                  1,181        

      (3)  The number of children entitled to attend school in     1,183        

the district pursuant to section 3313.64 or 3313.65 of the         1,184        

Revised Code who are participating in a pilot project scholarship  1,186        

program established under sections 3313.974 to 3313.979 of the     1,187        

Revised Code as described in division (I)(2)(a) or (b) of this     1,189        

section, are enrolled in a college under Chapter 3365. of the      1,190        

Revised Code, except when the student is enrolled in the college   1,191        

while also enrolled in a community school pursuant to Chapter      1,192        

3314. of the Revised Code, are enrolled in an adjacent or other    1,193        

school district under section 3313.98 of the Revised Code, are     1,194        

enrolled in a community school established under Chapter 3314. of  1,196        

the Revised Code, including any participation in a college                      

pursuant to Chapter 3365. of the Revised Code while enrolled in    1,197        

such community school, or are participating in a program operated  1,199        

by a county MR/DD board or a state institution;                    1,200        

      (4)  The number of pupils enrolled in joint vocational       1,202        

schools;                                                           1,203        

      (5)  The average daily membership of handicapped children    1,206        

reported under division (A)(1) or (2) of this section receiving    1,207        

category one special education services, described in division     1,208        

(A) of section 3317.013 of the Revised Code;                       1,209        

      (6)  The average daily membership of handicapped children    1,211        

reported under division (A)(1) or (2) of this section receiving    1,212        

category two special education services, described in division     1,213        

(B) of section 3317.013 of the Revised Code;                       1,214        

      (7)  The average daily membership of handicapped children    1,216        

reported under division (A)(1) or (2) of this section identified   1,218        

                                                          29     


                                                                 
as having any of the handicaps specified in division (F)(3) of     1,219        

section 3317.02 of the Revised Code;                                            

      (8)  The average daily membership of pupils reported under   1,221        

division (A)(1) or (2) of this section enrolled in category one    1,222        

vocational education programs or classes, described in division    1,223        

(A) of section 3317.014 of the Revised Code, operated by the       1,224        

school district or by another district, other than a joint         1,225        

vocational school district, or by an educational service center;   1,226        

      (9)  The average daily membership of pupils reported under   1,228        

division (A)(1) or (2) of this section enrolled in category two    1,229        

vocational education programs or services, described in division   1,230        

(B) of section 3317.014 of the Revised Code, operated by the       1,231        

school district or another school district, other than a joint     1,232        

vocational school district, or by an educational service center;   1,233        

      (10)  The average number of children transported by the      1,236        

school district on board-owned or contractor-owned and -operated   1,237        

buses, reported in accordance with rules adopted by the            1,239        

department of education;                                                        

      (11)(a)  The number of children, other than handicapped      1,242        

preschool children, the district placed with a county MR/DD board  1,243        

in fiscal year 1998;                                               1,244        

      (b)  The number of handicapped children, other than          1,246        

handicapped preschool children, placed with a county MR/DD board   1,248        

in the current fiscal year to receive category one special         1,249        

education services, described in division (A) of section 3317.013  1,251        

of the Revised Code;                                               1,252        

      (c)  The number of handicapped children, other than          1,254        

handicapped preschool children, placed with a county MR/DD board   1,256        

in the current fiscal year to receive category two special         1,257        

education services, described in division (B) of section 3317.013  1,259        

of the Revised Code;                                               1,260        

      (d)  The number of handicapped children, other than          1,262        

handicapped preschool children, placed with a county MR/DD board   1,264        

in the current fiscal year to receive category three special       1,265        

                                                          30     


                                                                 
education services, described in division (F)(3) of section        1,267        

3317.02 of the Revised Code.                                                    

      (C)  Except as otherwise provided in this section for        1,269        

kindergarten students, the average daily membership in divisions   1,270        

(B)(1) to (9) of this section shall be based upon the number of    1,272        

full-time equivalent students.  The state board of education       1,273        

shall adopt rules defining full-time equivalent students and for   1,274        

determining the average daily membership therefrom for the         1,276        

purposes of divisions (A), (B), and (D) of this section.  No       1,277        

child shall be counted as more than a total of one child in the    1,278        

sum of the average daily memberships of a school district under    1,280        

division (A), divisions (B)(1) to (9), or division (D) of this     1,281        

section.  Based on the information reported under this section,    1,283        

the department of education shall determine the total student      1,284        

count, as defined in section 3301.011 of the Revised Code, for                  

each school district.                                              1,285        

      (D)(1)  The superintendent of each joint vocational school   1,287        

district shall certify to the superintendent of public             1,289        

instruction on or before the fifteenth day of October in each      1,290        

year for the first full school week in October the formula ADM,    1,291        

which shall consist of the average daily membership during such    1,293        

week, on an FTE basis, of the number of students receiving any     1,295        

educational services from the district, except that the following  1,296        

categories of students shall not be included in the                1,297        

determination:                                                                  

      (a)  Students enrolled in adult education classes;           1,299        

      (b)  Adjacent or other district joint vocational students    1,301        

enrolled in the district under an open enrollment policy pursuant  1,302        

to section 3313.98 of the Revised Code;                            1,303        

      (c)  Students receiving services in the district pursuant    1,305        

to a compact, cooperative education agreement, or a contract, but  1,306        

who are entitled to attend school in a city, local, or exempted    1,308        

village school district whose territory is not part of the         1,309        

territory of the joint vocational district;                                     

                                                          31     


                                                                 
      (d)  Students for whom tuition is payable pursuant to        1,311        

sections 3317.081 and 3323.141 of the Revised Code.                1,312        

      (2)  To enable the department of education to obtain the     1,314        

data needed to complete the calculation of payments pursuant to    1,315        

this chapter, in addition to the formula ADM, each superintendent  1,316        

shall report separately the average daily membership included in   1,317        

the report under division (D)(1) of this section for each of the   1,318        

following categories of students:                                  1,319        

      (a)  Students enrolled in each grade included in the joint   1,321        

vocational district schools;                                       1,322        

      (b)  Handicapped children receiving category one special     1,324        

education services, described in division (A) of section 3317.013  1,326        

of the Revised Code;                                                            

      (c)  Handicapped children receiving category two special     1,328        

education services, described in division (B) of section 3317.013  1,330        

of the Revised Code;                                                            

      (d)  Handicapped children identified as having any of the    1,332        

handicaps specified in division (F)(3) of section 3317.02 of the   1,334        

Revised Code;                                                                   

      (e)  Students receiving category one vocational education    1,336        

services, described in division (A) of section 3317.014 of the     1,337        

Revised Code;                                                                   

      (f)  Students receiving category two vocational education    1,339        

services, described in division (B) of section 3317.014 of the     1,340        

Revised Code.                                                                   

      The superintendent of each joint vocational school district  1,342        

shall also indicate the city, local, or exempted village school    1,344        

district in which each joint vocational district pupil is          1,345        

entitled to attend school pursuant to section 3313.64 or 3313.65   1,346        

of the Revised Code.                                                            

      (E)  In each school of each city, local, exempted village,   1,348        

joint vocational, and cooperative education school district there  1,349        

shall be maintained a record of school membership, which record    1,350        

shall accurately show, for each day the school is in session, the  1,351        

                                                          32     


                                                                 
actual membership enrolled in regular day classes.  For the        1,352        

purpose of determining average daily membership, the membership    1,353        

figure of any school shall not include any pupils except those     1,354        

pupils described by division (A) of this section.  The record of   1,356        

membership for each school shall be maintained in such manner      1,357        

that no pupil shall be counted as in membership prior to the       1,358        

actual date of entry in the school and also in such manner that    1,359        

where for any cause a pupil permanently withdraws from the school  1,360        

that pupil shall not be counted as in membership from and after    1,362        

the date of such withdrawal.  There shall not be included in the   1,363        

membership of any school any of the following:                                  

      (1)  Any pupil who has graduated from the twelfth grade of   1,366        

a public high school;                                                           

      (2)  Any pupil who is not a resident of the state;           1,368        

      (3)  Any pupil who was enrolled in the schools of the        1,371        

district during the previous school year when tests were                        

administered under section 3301.0711 of the Revised Code but did   1,372        

not take one or more of the tests required by that section and     1,373        

was not excused pursuant to division (C)(1) of that section;       1,374        

      (4)  Any pupil who has attained the age of twenty-two        1,376        

years, except for the following:                                   1,377        

      (a)  Persons suffering from tuberculosis and receiving       1,379        

treatment in any approved state, county, district, or municipal    1,380        

tuberculosis hospital who have not graduated from the twelfth      1,381        

grade of a public high school;                                     1,382        

      (b)  Veterans VETERANS of the armed services whose           1,384        

attendance was interrupted before completing the recognized        1,386        

twelve-year course of the public schools by reason of induction    1,387        

or enlistment in the armed forces and who apply for reenrollment   1,388        

in the public school system of their residence not later than      1,389        

four years after termination of war or their honorable discharge.  1,390        

      If, however, any veteran described by division (E)(4)(b) of  1,393        

this section elects to enroll in special courses organized for     1,394        

veterans for whom tuition is paid under the provisions of federal  1,395        

                                                          33     


                                                                 
laws, or otherwise, that veteran shall not be included in average  1,397        

daily membership.                                                               

      Notwithstanding division (E)(3) of this section, the         1,399        

membership of any school may include a pupil who did not take a    1,400        

test required by section 3301.0711 of the Revised Code if the      1,401        

superintendent of public instruction grants a waiver from the      1,402        

requirement to take the test to the specific pupil.  The           1,403        

superintendent may grant such a waiver only for good cause in      1,404        

accordance with rules adopted by the state board of education.     1,405        

      Except as provided in division (B)(2) of this section, the   1,408        

average daily membership figure of any local, city, exempted       1,409        

village, or joint vocational school district shall be determined   1,410        

by dividing the figure representing the sum of the number of       1,411        

pupils enrolled during each day the school of attendance is        1,412        

actually open for instruction during the first full school week    1,413        

in October by the total number of days the school was actually     1,414        

open for instruction during that week.  For purposes of state      1,415        

funding, "enrolled" persons are only those pupils who are          1,416        

attending school, those who have attended school during the        1,417        

current school year and are absent for authorized reasons, and     1,418        

those handicapped children currently receiving home instruction.   1,419        

      The average daily membership figure of any cooperative       1,421        

education school district shall be determined in accordance with   1,422        

rules adopted by the state board of education.                     1,423        

      (F)(1)  If the formula ADM for the first full school week    1,426        

in February is at least three per cent greater than that           1,427        

certified for the first full school week in the preceding          1,428        

October, the superintendent of schools of any city, exempted       1,429        

village, or joint vocational school district or educational        1,431        

service center shall certify such increase to the superintendent   1,432        

of public instruction.  Such certification shall be submitted no   1,433        

later than the fifteenth day of February.  For the balance of the  1,434        

fiscal year, beginning with the February payments, the             1,435        

superintendent of public instruction shall use the increased       1,436        

                                                          34     


                                                                 
formula ADM in calculating or recalculating the amounts to be      1,437        

allocated in accordance with section 3317.022 or 3317.16 of the    1,439        

Revised Code.  In no event shall the superintendent use an         1,440        

increased membership certified to the superintendent after the     1,441        

fifteenth day of February.                                         1,442        

      (2)  If on the first school day of April the total number    1,444        

of classes or units for handicapped preschool children that are    1,447        

eligible for approval under division (B) of section 3317.05 of     1,448        

the Revised Code exceeds the number of units that have been        1,449        

approved for the year under that division, the superintendent of   1,450        

schools of any city, exempted village, or cooperative education    1,451        

school district or educational service center shall make the       1,452        

certifications required by this section for that day.  If the      1,453        

state board of education determines additional units can be        1,454        

approved for the fiscal year within any limitations set forth in   1,455        

the acts appropriating moneys for the funding of such units, the   1,457        

board shall approve additional units for the fiscal year on the    1,458        

basis of such average daily membership.  For each unit so                       

approved, the department of education shall pay an amount          1,459        

computed in the manner prescribed in section 3317.161 or 3317.19   1,461        

and section 3317.162 of the Revised Code.                                       

      (G)(1)(a)  The superintendent of an institution operating a  1,463        

special education program pursuant to section 3323.091 of the      1,464        

Revised Code shall, for the programs under such superintendent's   1,466        

supervision, certify to the state board of education the average   1,467        

daily membership of all handicapped children in classes or         1,468        

programs approved annually by the state board of education, in     1,469        

the manner prescribed by the superintendent of public              1,470        

instruction.                                                                    

      (b)  The superintendent of an institution with vocational    1,473        

education units approved under division (A) of section 3317.05 of  1,474        

the Revised Code shall, for the units under the superintendent's   1,476        

supervision, certify to the state board of education the average   1,477        

daily membership in those units, in the manner prescribed by the   1,478        

                                                          35     


                                                                 
superintendent of public instruction.                              1,479        

      (2)  The superintendent of each county MR/DD board that      1,481        

maintains special education classes or units approved by the       1,482        

state board of education pursuant to section 3317.05 of the        1,484        

Revised Code shall do both of the following:                       1,485        

      (a)  Certify to the state board, in the manner prescribed    1,488        

by the board, the average daily membership in classes and units    1,489        

approved under division (D)(1) of section 3317.05 of the Revised   1,490        

Code for each school district that has placed children in the      1,491        

classes or units;                                                               

      (b)  Certify to the state board, in the manner prescribed    1,493        

by the board, the number of all handicapped preschool children     1,494        

enrolled as of the first day of December in classes eligible for   1,495        

approval under division (B) of section 3317.05 of the Revised      1,497        

Code, and the number of those classes.                             1,498        

      (3)(a)  If during the first full school week in February     1,500        

the average daily membership of the classes or units maintained    1,501        

by the county MR/DD board that are eligible for approval under     1,502        

division (D)(1) of section 3317.05 of the Revised Code is greater  1,504        

than the average daily membership for the preceding October, the   1,505        

superintendent of the board shall make the certifications          1,506        

required by this section for such week.                            1,507        

      (b)  If on the first school day of April the number of       1,510        

classes or units maintained for handicapped preschool children by  1,512        

the county MR/DD board that are eligible for approval under        1,513        

division (B) of section 3317.05 of the Revised Code is greater     1,514        

than the number of units approved for the year under that          1,515        

division, the superintendent shall make the certification          1,517        

required by this section for that day.                                          

      (c)  If the state board determines that additional classes   1,519        

or units can be approved for the fiscal year within any            1,521        

limitations set forth in the acts appropriating moneys for the     1,522        

funding of the classes and units described in division (G)(3)(a)   1,523        

or (b) of this section, the board shall approve and fund           1,525        

                                                          36     


                                                                 
additional units for the fiscal year on the basis of such average  1,526        

daily membership.  For each unit so approved, the department of    1,527        

education shall pay an amount computed in the manner prescribed    1,528        

in sections 3317.161 and 3317.162 of the Revised Code.             1,529        

      (H)  Except as provided in division (I) of this section,     1,532        

when any city, local, or exempted village school district          1,533        

provides instruction for a nonresident pupil whose attendance is   1,534        

unauthorized attendance as defined in section 3327.06 of the       1,535        

Revised Code, that pupil's membership shall not be included in     1,536        

that district's membership figure used in the calculation of that  1,537        

district's formula ADM or included in the determination of any     1,538        

unit approved for the district under section 3317.05 of the        1,539        

Revised Code.  The reporting official shall report separately the  1,540        

average daily membership of all pupils whose attendance in the     1,541        

district is unauthorized attendance, and the membership of each    1,542        

such pupil shall be credited to the school district in which the   1,543        

pupil is entitled to attend school under division (B) of section   1,544        

3313.64 or section 3313.65 of the Revised Code as determined by    1,545        

the department of education.                                       1,546        

      (I)(1)  A city, local, exempted village, or joint            1,548        

vocational school district admitting a scholarship student of a    1,551        

pilot project district pursuant to division (C) of section                      

3313.976 of the Revised Code may count such student in its         1,552        

average daily membership.                                                       

      (2)  In any year for which funds are appropriated for pilot  1,554        

project scholarship programs, a school district implementing a     1,555        

state-sponsored pilot project scholarship program that year        1,556        

pursuant to sections 3313.974 through 3313.979 of the Revised      1,558        

Code may count in average daily membership:                                     

      (a)  All children residing in the district and utilizing a   1,560        

scholarship to attend kindergarten in any alternative school, as   1,561        

defined in division (A)(9) of section 3313.974 of the Revised      1,562        

Code;                                                                           

      (b)  All children who were enrolled in the district in the   1,564        

                                                          37     


                                                                 
preceding year who are utilizing a scholarship to attend any such  1,565        

alternative school.                                                1,566        

      (J)  The superintendent of each cooperative education        1,568        

school district shall certify to the superintendent of public      1,569        

instruction, in a manner prescribed by the state board of          1,570        

education, the applicable average daily memberships for all        1,571        

students in the cooperative education district, also indicating    1,572        

the city, local, or exempted village district where each pupil is               

entitled to attend school under section 3313.64 or 3313.65 of the  1,573        

Revised Code.                                                      1,574        

      Sec. 3701.01.  As used in sections 3701.01, 3701.04,         1,583        

3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code:      1,585        

      (A)  "The federal act" means Title VI of the "Public Health  1,587        

Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended.     1,588        

      (B)  "The surgeon general" means the surgeon general of the  1,590        

public health service of the United States or such other officer   1,591        

or employee of the United States responsible for administration    1,592        

of the federal act.                                                1,593        

      (C)  "Hospital" includes public health centers and general,  1,595        

tuberculosis, mental, chronic disease, and other types of          1,596        

hospitals, and related facilities, such as laboratories,           1,597        

outpatient departments, nurses' home facilities, extended care     1,598        

facilities, self-care units, and central service facilities        1,599        

operated in connection with hospitals, and also includes           1,600        

education and training facilities for health professions           1,601        

personnel operated as an integral part of a hospital, but does     1,602        

not include any hospital furnishing primarily domiciliary care.    1,603        

      (D)  "Public health center" means a publicly owned facility  1,605        

for the housing of the public health services of a community and   1,606        

one which makes available equipment to aid physicians in the       1,607        

prevention, diagnosis, and treatment of disease.                   1,608        

      (E)  "Nonprofit hospital," or "nonprofit" as applied to a    1,610        

facility, means any hospital or facility owned and operated by     1,611        

one or more nonprofit corporations or associations no part of the  1,612        

                                                          38     


                                                                 
net earnings of which inures, or may lawfully inure, to the        1,613        

benefit of any private shareholder or individual.                  1,614        

      (F)  "Medical facilities" means outpatient facilities,       1,616        

rehabilitation facilities, and facilities for long-term care,      1,617        

including nursing homes, as those terms are defined in the         1,618        

federal act, and such other facilities for which federal aid may   1,619        

be authorized under the federal act.                               1,620        

      Sec. 3701.14.  (A)  The director of health shall make        1,629        

inquiry as to the cause of disease, especially when contagious,    1,630        

infectious, epidemic, or endemic, and take prompt action to        1,631        

control and suppress it.  The reports of births and deaths, the    1,632        

sanitary conditions and effects of localities and employments,     1,633        

the personal and business habits of the people, and the relation   1,634        

of the diseases of man and beast, shall be subjects of study by    1,635        

the director.  The director may make and execute orders necessary  1,636        

to protect the people against diseases of lower animals, and       1,637        

shall collect and preserve information in respect to such matters  1,638        

and kindred subjects as may be useful in the discharge of the      1,639        

director's duties, and for dissemination among the people.  When   1,641        

called upon by the state or local governments, or the board of     1,642        

health of a general or city health district, the director shall    1,643        

promptly investigate and report upon the water supply, sewerage,   1,645        

disposal of excreta of any locality, and the heating, plumbing,    1,646        

and ventilation of a public building.                              1,647        

      The (B)  WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY:   1,649        

      (1)  THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY    1,651        

COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED     1,652        

CODE;                                                                           

      (2)  THE director shall maintain registries of hospitals,    1,654        

clinics, physicians, or other care providers to whom the director  1,656        

shall refer persons who make inquiries to the department of        1,657        

health regarding possible exposure to tuberculosis;                1,658        

      (3)  THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE  1,660        

ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF               1,662        

                                                          39     


                                                                 
EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF           1,663        

TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION    1,664        

OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS;      1,665        

      (4)  THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO  1,668        

RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;                             

      (5)  THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS         1,671        

TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE       1,672        

SPECIFIED BY THE DIRECTOR.  EACH TUBERCULOSIS CONSULTANT SHALL     1,673        

ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND  1,674        

SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND     1,675        

OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN TUBERCULOSIS    1,676        

CONTROL ACTIVITIES AND FOR REVIEWING MEDICAL RECORDS PERTAINING    1,677        

TO THE TREATMENT PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS.        1,678        

      (6)  THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES             1,681        

ESTABLISHING STANDARDS FOR THE FOLLOWING:                                       

      (a)  PERFORMING TUBERCULOSIS SCREENINGS;                     1,683        

      (b)  PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN    1,685        

EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF       1,686        

HAVING TUBERCULOSIS;                                               1,687        

      (c)  PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS;   1,689        

      (d)  METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE     1,691        

TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS;                     1,692        

      (e)  PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND        1,694        

STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS;    1,695        

      (f)  SELECTING LABORATORIES THAT PROVIDE IN A TIMELY         1,697        

FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS.  THE    1,698        

STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE  1,699        

GIVEN TO LABORATORIES LOCATED IN THIS STATE.                       1,700        

      THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119.   1,703        

OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY               1,704        

RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE        1,705        

UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION OR BY     1,706        

THE AMERICAN THORACIC SOCIETY.  THE RULES SHALL APPLY TO COUNTY    1,707        

OR DISTRICT TUBERCULOSIS CONTROL UNITS, PHYSICIANS WHO EXAMINE     1,708        

                                                          40     


                                                                 
AND TREAT INDIVIDUALS FOR TUBERCULOSIS, AND LABORATORIES THAT      1,709        

PERFORM TESTS FOR TUBERCULOSIS.                                    1,710        

      Sec. 3702.62.  (A)  Any action pursuant to section 140.03,   1,719        

140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,  1,720        

339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31,   1,721        

339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15,   1,723        

513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28,   1,724        

749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in  1,725        

accordance with sections 3702.51 to 3702.61 of the Revised Code.   1,726        

      (B)  A nursing home certified as an intermediate care        1,728        

facility for the mentally retarded under Title XIX of the "Social  1,729        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   1,730        

that is required to apply for licensure as a residential facility  1,731        

under section 5123.19 of the Revised Code is not, with respect to  1,732        

the portion of the home certified as an intermediate care                       

facility for the mentally retarded, subject to sections 3702.51    1,733        

to 3702.61 of the Revised Code.                                    1,734        

      Sec. 3727.01.  As used in this section, "health maintenance  1,743        

organization" means a public or private organization organized     1,744        

under the law of any state that is qualified under section         1,745        

1310(d) of Title XIII of the "Public Health Service Act," 87       1,746        

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        1,747        

following:                                                         1,748        

      (A)  Provides or otherwise makes available to enrolled       1,750        

participants health care services including at least the           1,751        

following basic health care services:  usual physician services,   1,752        

hospitalization, laboratory, x-ray, emergency and preventive       1,753        

service, and out-of-area coverage;                                 1,754        

      (B)  Is compensated, except for copayments, for the          1,756        

provision of basic health care services to enrolled participants   1,757        

by a payment that is paid on a periodic basis without regard to    1,758        

the date the health care services are provided and that is fixed   1,759        

without regard to the frequency, extent, or kind of health         1,760        

service actually provided;                                         1,761        

                                                          41     


                                                                 
      (C)  Provides physician services primarily in either of the  1,763        

following ways:                                                    1,764        

      (1)  Directly through physicians who are either employees    1,766        

or partners of the organization;                                   1,767        

      (2)  Through arrangements with individual physicians or one  1,769        

or more groups of physicians organized on a group-practice or      1,770        

individual-practice basis.                                         1,771        

      As used in this chapter, "hospital" means an institution     1,773        

classified as a hospital under section 3701.07 of the Revised      1,774        

Code in which are provided to inpatients diagnostic, medical,      1,775        

surgical, obstetrical, psychiatric, or rehabilitation care for a   1,776        

continuous period longer than twenty-four hours; a tuberculosis    1,777        

hospital; or a hospital operated by a health maintenance           1,778        

organization.  "Hospital" does not include a facility licensed     1,779        

under Chapter 3721. of the Revised Code, a health care facility    1,780        

operated by the department of mental health or the department of   1,781        

mental retardation and developmental disabilities, a health        1,782        

maintenance organization that does not operate a hospital, the     1,783        

office of any private licensed health care professional, whether   1,784        

organized for individual or group practice, or a clinic that       1,785        

provides ambulatory patient services and where patients are not    1,786        

regularly admitted as inpatients.  "Hospital" also does not        1,787        

include an institution for the sick that is operated exclusively   1,789        

for patients who use spiritual means for healing and for whom the  1,790        

acceptance of medical care is inconsistent with their religious    1,791        

beliefs, accredited by a national accrediting organization,                     

exempt from federal income taxation under section 501 of the       1,792        

Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as   1,794        

amended, and providing twenty-four hour nursing care pursuant to   1,795        

the exemption in division (G) of section 4723.32 of the Revised    1,796        

Code from the licensing requirements of Chapter 4723. of the       1,797        

Revised Code.                                                                   

      Sec. 5705.01.  As used in this chapter:                      1,805        

      (A)  "Subdivision" means any county; municipal corporation;  1,807        

                                                          42     


                                                                 
township; township police district; township fire district; joint  1,808        

fire district; joint ambulance district; joint emergency medical   1,809        

services district; fire and ambulance district; joint recreation   1,810        

district; township waste disposal district; township road          1,811        

district; community college district; technical college district;  1,812        

detention home district; a district organized under section        1,813        

2151.65 of the Revised Code; a combined district organized under   1,814        

sections 2151.34 and 2151.65 of the Revised Code; a joint-county   1,815        

alcohol, drug addiction, and mental health service district; a     1,816        

drainage improvement district created under section 6131.52 of     1,817        

the Revised Code; a union cemetery district; a county school       1,818        

financing district; or a city, local, exempted village,            1,819        

cooperative education, or joint vocational school district.        1,820        

      (B)  "Municipal corporation" means all municipal             1,822        

corporations, including those that have adopted a charter under    1,823        

Article XVIII, Ohio Constitution.                                  1,824        

      (C)  "Taxing authority" or "bond issuing authority" means,   1,826        

in the case of any county, the board of county commissioners; in   1,827        

the case of a municipal corporation, the council or other          1,828        

legislative authority of the municipal corporation; in the case    1,829        

of a city, local, exempted village, cooperative education, or      1,830        

joint vocational school district, the board of education; in the   1,831        

case of a community college district, the board of trustees of     1,832        

the district; in the case of a technical college district, the     1,833        

board of trustees of the district; in the case of a detention      1,834        

home district, a district organized under section 2151.65 of the   1,835        

Revised Code, or a combined district organized under sections      1,836        

2151.34 and 2151.65 of the Revised Code, the joint board of        1,837        

county commissioners of the district; in the case of a township,   1,838        

the board of township trustees; in the case of a joint fire        1,839        

district, the board of fire district trustees; in the case of a    1,840        

joint recreation district, the joint recreation district board of  1,841        

trustees; in the case of a joint-county alcohol, drug addiction,   1,842        

and mental health service district, the district's board of        1,843        

                                                          43     


                                                                 
alcohol, drug addiction, and mental health services; in the case   1,844        

of a joint ambulance district or a fire and ambulance district,    1,845        

the board of trustees of the district; in the case of a union      1,847        

cemetery district, the legislative authority of the municipal      1,848        

corporation and the board of township trustees, acting jointly as  1,849        

described in section 759.341 of the Revised Code; in the case of   1,850        

a drainage improvement district, the board of county               1,851        

commissioners of the county in which the drainage district is      1,852        

located; in the case of a joint emergency medical services         1,853        

district, the joint board of county commissioners of all counties  1,854        

in which all or any part of the district lies; and in the case of  1,855        

a township police district, a township fire district, a township   1,856        

road district, or a township waste disposal district, the board    1,857        

of township trustees of the township in which the district is      1,858        

located.  "Taxing authority" also means the educational service    1,859        

center governing board that serves as the taxing authority of a    1,860        

county school financing district as provided in section 3311.50    1,861        

of the Revised Code.                                               1,862        

      (D)  "Fiscal officer" in the case of a county, means the     1,864        

county auditor; in the case of a municipal corporation, the city   1,865        

auditor or village clerk, or such officer as, by virtue of the     1,866        

charter, has the duties and functions of the city auditor or       1,867        

village clerk, except that in the case of a municipal university   1,868        

the board of directors of which have assumed, in the manner        1,869        

provided by law, the custody and control of the funds of the       1,870        

university, the chief accounting officer of the university shall   1,871        

perform, with respect to the funds, the duties vested in the       1,872        

fiscal officer of the subdivision by sections 5705.41 and 5705.44  1,873        

of the Revised Code; in the case of a school district, the         1,874        

treasurer of the board of education; in the case of a county       1,875        

school financing district, the treasurer of the educational        1,876        

service center governing board that serves as the taxing           1,878        

authority; in the case of a township, the township clerk; in the   1,879        

case of a joint fire district, the clerk of the board of fire      1,880        

                                                          44     


                                                                 
district trustees; in the case of a joint ambulance district, the  1,881        

clerk of the board of trustees of the district; in the case of a   1,882        

joint emergency medical services district, the person appointed    1,883        

as fiscal officer pursuant to division (D) of section 307.053 of   1,884        

the Revised Code; in the case of a fire and ambulance district,    1,885        

the person appointed as fiscal officer pursuant to division (B)                 

of section 505.375 of the Revised Code; in the case of a joint     1,886        

recreation district, the person designated pursuant to section     1,887        

755.15 of the Revised Code; in the case of a union cemetery        1,888        

district, the clerk of the municipal corporation designated in     1,889        

section 759.34 of the Revised Code; in the case of a children's    1,890        

home district, tuberculosis hospital district, educational         1,891        

service center, general health district, joint-county alcohol,     1,893        

drug addiction, and mental health service district, county         1,894        

library district, detention home district, district organized      1,895        

under section 2151.65 of the Revised Code, a combined district     1,896        

organized under sections 2151.34 and 2151.65 of the Revised Code,  1,897        

or a metropolitan park district for which no treasurer has been    1,898        

appointed pursuant to section 1545.07 of the Revised Code, the     1,899        

county auditor of the county designated by law to act as the       1,900        

auditor of the district; in the case of a metropolitan park        1,901        

district which has appointed a treasurer pursuant to section       1,902        

1545.07 of the Revised Code, that treasurer; in the case of a      1,903        

drainage improvement district, the auditor of the county in which  1,904        

the drainage improvement district is located; and in all other     1,905        

cases, the officer responsible for keeping the appropriation       1,906        

accounts and drawing warrants for the expenditure of the moneys    1,907        

of the district or taxing unit.                                                 

      (E)  "Permanent improvement" or "improvement" means any      1,909        

property, asset, or improvement with an estimated life or          1,910        

usefulness of five years or more, including land and interests     1,911        

therein, and reconstructions, enlargements, and extensions         1,912        

thereof having an estimated life or usefulness of five years or    1,913        

more.                                                              1,914        

                                                          45     


                                                                 
      (F)  "Current operating expenses" and "current expenses"     1,916        

mean the lawful expenditures of a subdivision, except those for    1,917        

permanent improvements, and except payments for interest, sinking  1,918        

fund, and retirement of bonds, notes, and certificates of          1,919        

indebtedness of the subdivision.                                   1,920        

      (G)  "Debt charges" means interest, sinking fund, and        1,922        

retirement charges on bonds, notes, or certificates of             1,923        

indebtedness.                                                      1,924        

      (H)  "Taxing unit" means any subdivision or other            1,926        

governmental district having authority to levy taxes on the        1,927        

property in the district or issue bonds that constitute a charge   1,928        

against the property of the district, including conservancy        1,929        

districts, metropolitan park districts, sanitary districts, road   1,930        

districts, and other districts.                                    1,931        

      (I)  "District authority" means any board of directors,      1,933        

trustees, commissioners, or other officers controlling a district  1,934        

institution or activity that derives its income or funds from two  1,935        

or more subdivisions, such as the educational service center, the  1,937        

trustees of district tuberculosis hospitals and district           1,938        

children's homes, the district board of health, a joint-county     1,939        

alcohol, drug addiction, and mental health service district's      1,940        

board of alcohol, drug addiction, and mental health services,      1,941        

detention home districts, a joint recreation district board of     1,942        

trustees, districts organized under section 2151.65 of the         1,943        

Revised Code, combined districts organized under sections 2151.34  1,944        

and 2151.65 of the Revised Code, and other such boards.            1,945        

      (J)  "Tax list" and "tax duplicate" mean the general tax     1,947        

lists and duplicates prescribed by sections 319.28 and 319.29 of   1,948        

the Revised Code.                                                  1,949        

      (K)  "Property" as applied to a tax levy means taxable       1,951        

property listed on general tax lists and duplicates.               1,952        

      (L)  "School library district" means a school district in    1,954        

which a free public library has been established that is under     1,955        

the control and management of a board of library trustees as       1,956        

                                                          46     


                                                                 
provided in section 3375.15 of the Revised Code.                   1,957        

      Sec. 5705.191.  The taxing authority of any subdivision,     1,966        

other than the board of education of a school district or the      1,967        

taxing authority of a county school financing district, by a vote  1,968        

of two-thirds of all its members, may declare by resolution that   1,969        

the amount of taxes that may be raised within the ten-mill         1,970        

limitation by levies on the current tax duplicate will be          1,971        

insufficient to provide an adequate amount for the necessary       1,972        

requirements of the subdivision, and that it is necessary to levy  1,973        

a tax in excess of such limitation for any of the purposes in      1,974        

section 5705.19 of the Revised Code, or to supplement the general  1,975        

fund for the purpose of making appropriations for one or more of   1,976        

the following purposes:  public assistance, human or social        1,977        

services, relief, welfare, hospitalization, health, and support    1,978        

of general or tuberculosis hospitals, and that the question of     1,979        

such additional tax levy shall be submitted to the electors of     1,980        

the subdivision at a general, primary, or special election to be   1,981        

held at a time therein specified.  Such resolution shall not       1,982        

include a levy on the current tax list and duplicate unless such   1,983        

election is to be held at or prior to the general election day of  1,984        

the current tax year.  Such resolution shall conform to the        1,986        

requirements of section 5705.19 of the Revised Code, except that   1,987        

a levy to supplement the general fund for the purposes of public   1,988        

assistance, human or social services, relief, welfare,             1,989        

hospitalization, health, or the support of general or              1,990        

tuberculosis hospitals may not be for a longer period than ten     1,991        

years.  All other levies under this section may not be for a       1,992        

longer period than five years unless a longer period is permitted  1,993        

by section 5705.19 of the Revised Code, and the resolution shall   1,994        

specify the date of holding such election, which shall not be      1,995        

earlier than seventy-five days after the adoption and              1,996        

certification of such resolution.  The resolution shall go into    1,997        

immediate effect upon its passage and no publication of the same   1,998        

is necessary other than that provided for in the notice of         1,999        

                                                          47     


                                                                 
election.  A copy of such resolution, immediately after its        2,000        

passage, shall be certified to the board of elections of the       2,001        

proper county or counties in the manner provided by section        2,002        

5705.25 of the Revised Code, and such section shall govern the     2,003        

arrangements for the submission of such question and other         2,004        

matters with respect to such election, to which section 5705.25    2,005        

of the Revised Code refers, excepting that such election shall be  2,006        

held on the date specified in the resolution, which shall be       2,007        

consistent with the requirements of section 3501.01 of the         2,008        

Revised Code, provided that only one special election for the                   

submission of such question may be held in any one calendar year   2,009        

and provided that a special election may be held upon the same     2,010        

day a primary election is held.  Publication of notice of such     2,011        

election shall be made in one or more newspapers of general        2,012        

circulation in the county once a week for four consecutive weeks.  2,013        

      If a majority of the electors voting on the question vote    2,015        

in favor thereof, the taxing authority of the subdivision may      2,017        

make the necessary levy within such subdivision at the additional  2,018        

rate or at any lesser rate outside the ten-mill limitation on the  2,019        

tax list and duplicate for the purpose stated in the resolution.   2,020        

Such tax levy shall be included in the next annual tax budget      2,021        

that is certified to the county budget commission.                 2,022        

      After the approval of such a levy by the electors, the       2,026        

taxing authority of the subdivision may anticipate a fraction of   2,028        

the proceeds of such levy and issue anticipation notes.  In the    2,029        

case of a continuing levy that is not levied for the purpose of                 

current expenses, notes may be issued at any time after approval   2,030        

of the levy in an amount not more than fifty per cent of the       2,032        

total estimated proceeds of the levy for the succeeding ten        2,033        

years, less an amount equal to the fraction of the proceeds of     2,034        

the levy previously anticipated by the issuance of anticipation    2,036        

notes.  In the case of a levy for a fixed period that is not for   2,037        

the purpose of current expenses, notes may be issued at any time   2,038        

after approval of the levy in an amount not more than fifty per    2,039        

                                                          48     


                                                                 
cent of the total estimated proceeds of the levy throughout the    2,040        

remaining life of the levy, less an amount equal to the fraction   2,041        

of the proceeds of the levy previously anticipated by the          2,042        

issuance of anticipation notes.  In the case of a levy for         2,043        

current expenses, notes may be issued after the approval of the    2,044        

levy by the electors and prior to the time when the first tax      2,045        

collection from the levy can be made.  Such notes may be issued    2,046        

in an amount not more than fifty per cent of the total estimated   2,047        

proceeds of the levy throughout the term of the levy in the case   2,048        

of a levy for a fixed period, or fifty per cent of the total       2,049        

estimated proceeds for the first ten years of the levy in the      2,050        

case of a continuing levy.                                                      

      No anticipation notes that increase the net indebtedness of  2,053        

a county may be issued without the prior consent of the board of   2,054        

county commissioners of that county.  The notes shall be issued    2,055        

as provided in section 133.24 of the Revised Code, shall have      2,056        

principal payments during each year after the year of their        2,057        

issuance over a period not exceeding the life of the levy          2,058        

anticipated, and may have a principal payment in the year of       2,059        

their issuance.                                                                 

      "Taxing authority" and "subdivision" have the same meanings  2,061        

as in section 5705.01 of the Revised Code.                         2,062        

      This section is supplemental to and not in derogation of     2,064        

sections 5705.20, 5705.21, and 5705.22 of the Revised Code.        2,065        

      Sec. 5705.20.  The board of county commissioners of any      2,074        

county, in any year, after providing the normal and customary      2,075        

percentage of the total general fund appropriations for the        2,076        

support of tuberculosis hospitals, or for the care, treatment,     2,077        

and maintenance of residents of the county who are suffering from  2,078        

tuberculosis at hospitals with which the board has contracted      2,079        

pursuant to section 339.20 THE TUBERCULOSIS TREATMENT SPECIFIED    2,080        

UNDER SECTION 339.73 of the Revised Code, or for the support of    2,082        

tuberculosis clinics established pursuant to section 339.36 or     2,083        

section 339.39 339.76 of the Revised Code, by vote of two-thirds   2,085        

                                                          49     


                                                                 
of all the members of said board may declare by resolution that    2,086        

the amount of taxes which may be raised within the ten-mill        2,087        

limitation will be insufficient to provide an adequate amount for  2,088        

the THAT support of tuberculosis hospitals, or for the care,       2,090        

treatment, and maintenance of residents of the county who are      2,091        

suffering from tuberculosis at hospitals with which the board has  2,092        

contracted pursuant to such section, or for the support of         2,093        

tuberculosis clinics established pursuant to such sections, and    2,094        

that it is necessary to levy a tax in excess of the ten-mill                    

limitation to supplement such general fund appropriations for      2,095        

such purpose, but the total levy for this purpose shall not        2,096        

exceed sixty-five one hundredths of a mill.                        2,097        

      Such resolution shall conform to section 5705.19 of the      2,099        

Revised Code and be certified to the board of elections not less   2,100        

than seventy-five days before the general election and submitted   2,101        

in the manner provided in section 5705.25 of the Revised Code.     2,102        

      If the majority of electors voting on a levy to supplement   2,104        

general fund appropriations for the support of tuberculosis        2,105        

hospitals, or for the care, treatment, and maintenance of          2,106        

residents of the county who are suffering from tuberculosis at     2,107        

hospitals with which the board has contracted pursuant to section  2,108        

339.20 THE TUBERCULOSIS TREATMENT SPECIFIED UNDER SECTION 339.73   2,110        

of the Revised Code, or for the support of tuberculosis clinics    2,111        

established pursuant to section 339.36 or 339.39 339.76 of the     2,112        

Revised Code, vote in favor thereof, the board of said county may  2,113        

levy a tax within such county at the additional rate in excess of  2,114        

the ten-mill limitation during the period and for the purpose      2,115        

stated in the resolution or at any less rate or for any of said    2,116        

years.                                                             2,117        

      IF A TAX WAS LEVIED UNDER THIS SECTION FOR THE SUPPORT OF    2,119        

TUBERCULOSIS CLINICS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT,  2,120        

THE LEVY MAY BE RENEWED FOR THAT PURPOSE ON OR AFTER THE           2,121        

EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH SECTION        2,122        

5705.25 OF THE REVISED CODE.                                                    

                                                          50     


                                                                 
      Sec. 5705.25.  (A)  A copy of any resolution adopted as      2,131        

provided in section 5705.19 of the Revised Code shall be           2,132        

certified by the taxing authority to the board of elections of     2,133        

the proper county not less than seventy-five days before the       2,134        

general election in any year, and the board shall submit the       2,135        

proposal to the electors of the subdivision at the succeeding      2,136        

November election.  Except as otherwise provided in this           2,137        

division, a resolution to renew an existing levy, regardless of    2,138        

the section of the Revised Code under which the tax was imposed,   2,139        

shall not be placed on the ballot unless the question is           2,140        

submitted at the general election held during the last year the    2,141        

tax to be renewed or replaced may be extended on the real and      2,142        

public utility property tax list and duplicate, or at any          2,143        

election held in the ensuing year.  The limitation of the          2,144        

foregoing sentence does not apply to a resolution to renew and     2,146        

increase or to renew part of an existing levy that was imposed     2,147        

under section 5705.191 of the Revised Code to supplement the       2,148        

general fund for the purpose of making appropriations for one or   2,149        

more of the following purposes:  for public assistance, human or   2,150        

social services, relief, welfare, hospitalization, health, and     2,151        

support of general or tuberculosis hospitals.  The limitation of   2,153        

the second preceding sentence also does not apply to a resolution  2,154        

that proposes to renew two or more existing levies imposed under   2,155        

section 5705.21 of the Revised Code, in which case the question    2,156        

shall be submitted on the date of the general or primary election  2,157        

held during the last year at least one of the levies to be                      

renewed may be extended on the real and public utility property    2,158        

tax list and duplicate, or at any election held during the         2,159        

ensuing year.  For purposes of this section, a levy shall be       2,160        

considered to be an "existing levy" through the year following     2,161        

the last year it can be placed on that tax list and duplicate.     2,162        

      The board shall make the necessary arrangements for the      2,165        

submission of such questions to the electors of such subdivision,  2,166        

and the election shall be conducted, canvassed, and certified in   2,167        

                                                          51     


                                                                 
the same manner as regular elections in such subdivision for the   2,168        

election of county officers.  Notice of the election shall be      2,169        

published in a newspaper of general circulation in the             2,170        

subdivision once a week for four consecutive weeks prior to the    2,171        

election, stating the purpose, the proposed increase in rate,      2,172        

expressed in dollars and cents for each one hundred dollars of     2,173        

valuation as well as in mills for each one dollar of valuation,    2,174        

the number of years during which the increase will be in effect,   2,175        

the first month and year in which the tax will be levied, and the  2,177        

time and place of the election.                                                 

      (B)  The form of the ballots cast at an election held        2,179        

pursuant to division (A) of this section shall be as follows:      2,180        

      "An additional tax for the benefit of (name of subdivision   2,182        

or public library) .......... for the purpose of (purpose stated   2,183        

in the resolution) .......... at a rate not exceeding ......       2,184        

mills for each one dollar of valuation, which amounts to (rate     2,185        

expressed in dollars and cents) ............ for each one hundred  2,186        

dollars of valuation, for ...... (life of indebtedness or number   2,187        

of years the levy is to run).                                      2,188        

                                                                   2,190        

                   For the Tax Levy                                2,191        

                                                                   2,192        

                   Against the Tax Levy                            2,193        

                                                         "         2,194        

      (C)  If the levy is to be in effect for a continuing period  2,197        

of time, the notice of election and the form of ballot shall so    2,198        

state instead of setting forth a specified number of years for     2,199        

the levy.                                                          2,200        

      If the tax is to be placed on the current tax list, the      2,202        

form of the ballot shall be modified by adding, after the          2,203        

statement of the number of years the levy is to run, the phrase    2,204        

", commencing in .......... (first year the tax is to be levied),  2,206        

first due in calendar year .......... (first calendar year in      2,207        

which the tax shall be due)."                                                   

                                                          52     


                                                                 
      If the levy submitted is a proposal to renew, increase, or   2,209        

decrease an existing levy, the form of the ballot specified in     2,210        

division (B) of this section may be changed by substituting for    2,211        

the words "An additional" at the beginning of the form, the words  2,213        

"A renewal of a" in case of a proposal to renew an existing levy   2,214        

in the same amount; the words "A renewal of ........ mills and an  2,215        

increase of ...... mills to constitute a" in the case of an        2,216        

increase; or the words "A renewal of part of an existing levy,     2,217        

being a reduction of ...... mills, to constitute a" in the case    2,218        

of a decrease in the proposed levy.                                2,219        

      If the levy submitted is a proposal to renew two or more     2,221        

existing levies imposed under section 5705.21 of the Revised       2,222        

Code, the form of the ballot specified in division (B) of this     2,223        

section shall be modified by substituting for the words "an        2,224        

additional tax" the words "a renewal of ....(insert the number of  2,226        

levies to be renewed) existing taxes."                                          

      The question covered by such resolution shall be submitted   2,228        

as a separate proposition but may be printed on the same ballot    2,229        

with any other proposition submitted at the same election, other   2,230        

than the election of officers.  More than one such question may    2,231        

be submitted at the same election.                                 2,232        

      (D)  A levy voted in excess of the ten-mill limitation       2,234        

under this section shall be certified to the tax commissioner.     2,235        

In the first year of the levy, it shall be extended on the tax     2,237        

lists after the February settlement succeeding the election.  If   2,238        

the additional tax is to be placed upon the tax list of the        2,239        

current year, as specified in the resolution providing for its     2,240        

submission, the result of the election shall be certified          2,241        

immediately after the canvass by the board of elections to the     2,242        

taxing authority, who shall make the necessary levy and certify    2,243        

it to the county auditor, who shall extend it on the tax lists     2,244        

for collection.  After the first year, the tax levy shall be       2,245        

included in the annual tax budget that is certified to the county  2,246        

budget commission.                                                              

                                                          53     


                                                                 
      Section 2.  That existing sections 124.11, 329.05, 339.11,   2,248        

339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,  2,249        

3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 5705.191,    2,251        

5705.20, and 5705.25 and sections 339.20, 339.21, 339.22, 339.23,  2,252        

339.231, 339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 339.30,   2,253        

339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 339.37, 339.40,    2,255        

339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 339.52, 339.53,    2,256        

339.54, 339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 339.61,    2,258        

339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, and 3707.11 of   2,259        

the Revised Code are hereby repealed.                              2,260        

      Section 3.  Section 5705.01 of the Revised Code is           2,262        

presented in this act as a composite of the section as amended by  2,263        

both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General       2,264        

Assembly, with the new language of neither of the acts shown in    2,266        

capital letters.  This is in recognition of the principle stated   2,267        

in division (B) of section 1.52 of the Revised Code that such      2,268        

amendments are to be harmonized where not substantively            2,269        

irreconcilable and constitutes a legislative finding that such is  2,270        

the resulting version in effect prior to the effective date of     2,271        

this act.