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
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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
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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
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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;
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(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.