As Reported by House Health, Retirement and Aging Committee* 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 173 5
1999-2000 6
SENATORS DRAKE-KEARNS-SPADA-PRENTISS-HAGAN-REPRESENTATIVES JONES- 8
VESPER-PATTON-TERWILLEGER-BARNES-SMITH 9
_________________________________________________________________ 10
A B I L L
To amend sections 124.11, 329.05, 339.11, 339.16, 12
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 13
3313.55, 3313.71, 3317.03, 3701.01, 3701.14, 14
3702.62, 3727.01, 5705.01, 5705.191, 5705.20, and 15
5705.25; to amend, for the purpose of adopting 16
new section numbers as indicated in parentheses,
sections 339.38 (339.75), 339.39 (339.76), 339.42 18
(339.74), and 339.43 (339.77); to enact sections 19
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 20
339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 21
339.87, 339.88, and 339.89; and to repeal
sections 339.20, 339.21, 339.22, 339.23, 339.231, 23
339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 24
339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 25
339.36, 339.37, 339.40, 339.41, 339.45, 339.46, 26
339.47, 339.50, 339.51, 339.52, 339.53, 339.54, 27
339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 28
339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 29
3701.84, and 3707.11 of the Revised Code with
regard to the treatment of tuberculosis. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 124.11, 329.05, 339.11, 339.16, 35
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 36
5705.191, 5705.20, and 5705.25 be amended; sections 339.38 39
2
(339.75), 339.39 (339.76), 339.42 (339.74), and 339.43 (339.77) 40
be amended for the purpose of adopting new section numbers as 41
indicated in parentheses; and sections 339.71, 339.72, 339.73, 43
339.78, 339.79, 339.80, 339.81, 339.82, 339.83, 339.84, 339.85, 44
339.86, 339.87, 339.88, and 339.89 of the Revised Code be enacted 45
to read as follows:
Sec. 124.11. The civil service of the state and the 54
several counties, cities, civil service townships, city health 55
districts, general health districts, and city school districts 56
thereof shall be divided into the unclassified service and the 57
classified service. 58
(A) The unclassified service shall comprise the following 60
positions, which shall not be included in the classified service, 61
and which shall be exempt from all examinations required by this 62
chapter: 63
(1) All officers elected by popular vote or persons 65
appointed to fill vacancies in such offices; 66
(2) All election officers as defined in section 3501.01 of 68
the Revised Code; 69
(3) The members of all boards and commissions, and heads 71
of principal departments, boards, and commissions appointed by 72
the governor or by and with the governor's consent; and the 73
members of all boards and commissions and all heads of 74
departments appointed by the mayor, or, if there is no mayor, 75
such other similar chief appointing authority of any city or city 76
school district; except as otherwise provided in division (A)(17) 77
or (C) of this section, this chapter does not exempt the chiefs 78
of police departments and chiefs of fire departments of cities or 79
civil service townships from the competitive classified service; 80
(4) The members of county or district licensing boards or 82
commissions and boards of revision, and deputy county auditors; 83
(5) All officers and employees elected or appointed by 85
either or both branches of the general assembly, and such 86
employees of the city legislative authority as are engaged in 87
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legislative duties; 88
(6) All commissioned, warrant, and noncommissioned 90
officers and enlisted persons in the Ohio organized militia, 92
including military appointees in the adjutant general's 94
department;
(7)(a) All presidents, business managers, administrative 96
officers, superintendents, assistant superintendents, principals, 97
deans, assistant deans, instructors, teachers, and such employees 98
as are engaged in educational or research duties connected with 99
the public school system, colleges, and universities, as 100
determined by the governing body of the public school system, 101
colleges, and universities; 102
(b) The library staff of any library in the state 104
supported wholly or in part at public expense. 105
(8) Four clerical and administrative support employees for 107
each of the elective state officers; and three clerical and 108
administrative support employees for other elective officers and 109
each of the principal appointive executive officers, boards, or 110
commissions, except for civil service commissions, that are 111
authorized to appoint such clerical and administrative support 112
employees; 113
(9) The deputies and assistants of state agencies 115
authorized to act for and on behalf of the agency, or holding a 116
fiduciary or administrative relation to that agency and those 117
persons employed by and directly responsible to elected county 118
officials or a county administrator and holding a fiduciary or 119
administrative relationship to such elected county officials or 120
county administrator, and the employees of such county officials 121
whose fitness would be impracticable to determine by competitive 123
examination, provided that division (A)(9) of this section shall 124
not affect those persons in county employment in the classified 125
service as of September 19, 1961. Nothing in division (A)(9) of 126
this section applies to any position in a county department of 127
job and family services created pursuant to Chapter 329. of the 129
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Revised Code. 130
(10) Bailiffs, constables, official stenographers, and 132
commissioners of courts of record, deputies of clerks of the 133
courts of common pleas who supervise, or who handle public moneys 134
or secured documents, and such officers and employees of courts 135
of record and such deputies of clerks of the courts of common 136
pleas as the director of administrative services finds it 137
impracticable to determine their fitness by competitive 138
examination; 139
(11) Assistants to the attorney general, special counsel 141
appointed or employed by the attorney general, assistants to 142
county prosecuting attorneys, and assistants to city directors of 143
law; 144
(12) Such teachers and employees in the agricultural 146
experiment stations; such students in normal schools, colleges, 147
and universities of the state who are employed by the state or a 148
political subdivision of the state in student or intern 149
classifications; and such unskilled labor positions as the 150
director of administrative services or any municipal civil 151
service commission may find it impracticable to include in the 152
competitive classified service; provided such exemptions shall be 153
by order of the commission or the director, duly entered on the 154
record of the commission or the director with the reasons for 155
each such exemption; 156
(13) Any physician or dentist who is a full-time employee 158
of the department of mental health or the department of mental 159
retardation and developmental disabilities or of an institution 160
under the jurisdiction of either department; and physicians who 161
are in residency programs at the institutions; 162
(14) Up to twenty positions at each institution under the 164
jurisdiction of the department of mental health or the department 165
of mental retardation and developmental disabilities that the 166
department director determines to be primarily administrative or 167
managerial; and up to fifteen positions in any division of either 168
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department, excluding administrative assistants to the director 169
and division chiefs, which are within the immediate staff of a 170
division chief and which the director determines to be primarily 171
and distinctively administrative and managerial; 172
(15) Noncitizens of the United States employed by the 174
state, or its counties or cities, as physicians or nurses who are 175
duly licensed to practice their respective professions under the 176
laws of Ohio, or medical assistants, in mental, tuberculosis, or 177
chronic disease hospitals, or institutions; 178
(16) Employees of the governor's office; 180
(17) Fire chiefs and chiefs of police in civil service 182
townships appointed by boards of township trustees under section 183
505.38 or 505.49 of the Revised Code; 184
(18) Executive directors, deputy directors, and program 186
directors employed by boards of alcohol, drug addiction, and 187
mental health services under Chapter 340. of the Revised Code, 188
and secretaries of the executive directors, deputy directors, and 189
program directors; 190
(19) Superintendents, and management employees as defined 192
in section 5126.20 of the Revised Code, of county boards of 193
mental retardation and developmental disabilities; 194
(20) Physicians, nurses, and other employees of a county 196
hospital who are appointed pursuant to sections 339.03 and 339.06 197
of the Revised Code; 198
(21) The executive director of the state medical board, 200
who is appointed pursuant to division (B) of section 4731.05 of 201
the Revised Code; 202
(22) County directors of job and family services as 204
provided in section 329.02 of the Revised Code and administrators 206
appointed under section 329.021 of the Revised Code; 207
(23) A director of economic development who is hired 209
pursuant to division (A) of section 307.07 of the Revised Code; 210
(24) Chiefs of construction and compliance, of operations 212
and maintenance, and of licensing and certification in the 213
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division of industrial compliance in the department of commerce; 214
(25) The executive director of a county transit system 216
appointed under division (A) of section 306.04 of the Revised 217
Code;
(26) Up to five positions at each of the administrative 219
departments listed in section 121.02 of the Revised Code and at 220
the department of taxation, department of the adjutant general, 221
department of education, Ohio board of regents, bureau of 222
workers' compensation, industrial commission, state lottery 223
commission, and public utilities commission of Ohio that the head 224
of that administrative department or of that other state agency 225
determines to be involved in policy development and 226
implementation. The head of the administrative department or 227
other state agency shall set the compensation for employees in 228
these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the 229
maximum compensation specified in pay range 44 of salary schedule 230
E-2 in section 124.152 of the Revised Code. The authority to 231
establish positions in the unclassified service under division 232
(A)(26) of this section is in addition to and does not limit any 233
other authority that an administrative department or state agency 235
has under the Revised Code to establish positions, appoint
employees, or set compensation. 236
(27) Employees of the department of agriculture employed 238
under section 901.09 of the Revised Code; 239
(28) For cities, counties, civil service townships, city 241
health districts, general health districts, and city school 243
districts, the deputies and assistants of elective or principal 244
executive officers authorized to act for and in the place of 245
their principals or holding a fiduciary relation to their
principals; 246
(29) Employees who receive external interim, intermittent, 248
or temporary appointments under division (B) of section 124.30 of 249
the Revised Code;
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(30) Employees appointed to administrative staff positions 251
for which an appointing authority is given specific statutory 252
authority to set compensation; 253
(31) Employees appointed to highway patrol cadet or 255
highway patrol cadet candidate classifications. 256
(B) The classified service shall comprise all persons in 258
the employ of the state and the several counties, cities, city 259
health districts, general health districts, and city school 260
districts thereof, not specifically included in the unclassified 261
service. Upon the creation by the board of trustees of a civil 262
service township civil service commission, the classified service 263
shall also comprise, except as otherwise provided in division 264
(A)(17) or (C) of this section, all persons in the employ of 265
civil service township police or fire departments having ten or 266
more full-time paid employees. The classified service consists 267
of two classes, which shall be designated as the competitive 268
class and the unskilled labor class. 269
(1) The competitive class shall include all positions and 271
employments in the state and the counties, cities, city health 272
districts, general health districts, and city school districts 273
thereof, and upon the creation by the board of trustees of a 274
civil service township of a township civil service commission all 275
positions in civil service township police or fire departments 276
having ten or more full-time paid employees, for which it is 277
practicable to determine the merit and fitness of applicants by 278
competitive examinations. Appointments shall be made to, or 279
employment shall be given in, all positions in the competitive 280
class that are not filled by promotion, reinstatement, transfer, 281
or reduction, as provided in this chapter, and the rules of the 282
director of administrative services, by appointment from those 283
certified to the appointing officer in accordance with this 284
chapter. 285
(2) The unskilled labor class shall include ordinary 287
unskilled laborers. Vacancies in the labor class shall be filled 288
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by appointment from lists of applicants registered by the 289
director. The director or the commission, by rule, shall require 291
an applicant for registration in the labor class to furnish such 292
evidence or take such tests as the director considers proper with 293
respect to age, residence, physical condition, ability to labor, 294
honesty, sobriety, industry, capacity, and experience in the work 295
or employment for which application is made. Laborers who 296
fulfill the requirements shall be placed on the eligible list for 297
the kind of labor or employment sought, and preference shall be 298
given in employment in accordance with the rating received from 299
such evidence or in such tests. Upon the request of an 300
appointing officer, stating the kind of labor needed, the pay and 301
probable length of employment, and the number to be employed, the 302
director shall certify from the highest on the list double the 303
number to be employed; from this number the appointing officer 304
shall appoint the number actually needed for the particular work. 305
If more than one applicant receives the same rating, priority in 306
time of application shall determine the order in which their 307
names shall be certified for appointment. 308
(C) A municipal or civil service township civil service 310
commission may place volunteer firefighters who are paid on a 312
fee-for-service basis in either the classified or the 313
unclassified civil service. 314
(D) This division does not apply to persons in the 316
unclassified service who have the right to resume positions in 317
the classified service under sections 4121.121, 5119.071, 318
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 319
5501.19 of the Revised Code. 320
An appointing authority whose employees are paid directly 323
by warrant of the auditor of state may appoint a person who holds 324
a certified position in the classified service within the 325
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 328
division to a position in the unclassified service shall retain
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the right to resume the position and status held by the person in 330
the classified service immediately prior to the person's
appointment to the position in the unclassified service, 331
regardless of the number of positions the person held in the 333
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 334
that position in the classified service held previously, as 336
certified by the director of administrative services. If the
position the person previously held in the classified service has 337
been placed in the unclassified service or is otherwise 339
unavailable, the person shall be appointed to a position in the 340
classified service within the appointing authority's agency that 341
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 342
classified service. Service in the position in the unclassified 344
service shall be counted as service in the position in the 345
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 346
When a person is reinstated to a position in the classified 348
service as provided in this division, the person is entitled to 349
all rights, status, and benefits accruing to the position in the 350
classified service during the person's time of service in the
position in the unclassified service. 352
Sec. 329.05. The county department of job and family 361
services may administer or assist in administering any state or 363
local family services activity in addition to those mentioned in 366
section 329.04 of the Revised Code, supported wholly or in part 367
by public funds from any source provided by agreement between the 368
board of county commissioners and the officer, department, board, 369
or agency in which the administration of such activity is vested. 370
Such officer, department, board, or agency may enter into such 371
agreement and confer upon the county department of job and family 373
services, to the extent and in particulars specified in the 374
agreement, the performance of any duties and the exercise of any 375
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powers imposed upon or vested in such officer, board, department, 376
or agency, with respect to the administration of such activity. 377
Such agreement shall be in the form of a resolution of the board 378
of county commissioners, accepted in writing by the other party 379
to the agreement, and filed in the office of the county auditor, 380
and when so filed, shall have the effect of transferring the 381
exercise of the powers and duties to which the agreement relates 382
and shall exempt the other party from all further responsibility 383
for the exercise of the powers and duties so transferred, during 384
the life of the agreement. 385
Such agreement shall be coordinated and not conflict with a 387
partnership agreement entered into under section 307.98, a 388
contract entered into under section 307.981 or 307.982, a plan of 389
cooperation entered into under section 307.983, a regional plan 391
of cooperation entered into under section 307.984, a 392
transportation work plan developed under section 307.985, or 394
procedures for providing services to children whose families 396
relocate frequently established under section 307.986 of the 397
Revised Code. It may be revoked at the option of either party, 399
by a resolution or order of the revoking party filed in the 400
office of the auditor. Such revocation shall become effective at 401
the end of the fiscal year occurring at least six months 402
following the filing of the resolution or order. In the absence 403
of such an express revocation so filed, the agreement shall 404
continue indefinitely.
This section does not permit a county department of job and 406
family services to manage or control county or district 408
tuberculosis or other hospitals, humane societies, detention 409
homes, jails or probation departments of courts, or veterans 410
service commissions.
Sec. 339.11. The board of county commissioners may enter 419
INTO an agreement with one or more corporations or associations 421
organized for charitable purposes or for the purpose of 422
maintaining and operating a hospital in any county in which such 423
11
hospital has been established, for the care of the indigent sick
and disabled, excepting INCLUDING INDIGENT persons afflicted with 424
pulmonary RECEIVING THE tuberculosis, upon such TREATMENT 425
SPECIFIED IN SECTION 339.73 OF THE REVISED CODE. THE DOCUMENT 426
USED TO VERIFY THE AGREEMENT SHALL SPECIFY THE terms as are THAT 428
HAVE BEEN agreed upon between BY the board and such corporations 429
or associations. Such board shall provide for the payment of the 430
amount agreed upon in one payment, or installments, or so much 431
from year to year as the parties stipulate. This section does 432
not authorize the payment of public funds to a sectarian 433
institution, EXCEPT WHEN THE PAYMENT IS MADE PURSUANT TO SECTIONS 434
339.71 TO 339.89 OF THE REVISED CODE. The board may employ the
necessary and properly qualified employees to assist it in 437
carrying out all responsibilities devolving upon such board by 438
reason of any agreement, entered into in accordance with this 439
section.
Sec. 339.16. A board of trustees of any county hospital, 448
or of any county or district tuberculosis hospital, may contract 449
for, purchase, or otherwise procure on behalf of any or all of 450
its employees or such employees and their immediate dependents 451
the following types of fringe benefits: 452
(A) Group or individual insurance contracts which may 454
include life, sickness, accident, disability, annuities, 455
endowment, health, medical expense, hospital, dental, surgical 456
and related coverage or any combination thereof; 457
(B) Group or individual contracts with health insuring 459
corporations or other providers of professional services, care, 461
or benefits duly authorized to do business in this state.
A board of trustees of any county hospital, or of any 463
county or district tuberculosis hospital, may contract for, 464
purchase, or otherwise procure insurance contracts which provide 465
protection for the trustees and employees against liability, 466
including professional liability, provided that this section or 467
any insurance contract issued pursuant to this section shall not 468
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be construed as a waiver of or in any manner affect the immunity 469
of the hospital or county. 470
All or any portion of the cost, premium, fees, or charges 472
therefor may be paid in such manner or combination of manners as 473
the board of trustees may determine, including direct payment by 474
the employee, and, if authorized in writing by the employee, by 475
the board of trustees with moneys made available by deduction 476
from or reduction in salary or wages or by the foregoing of a 477
salary or wage increase. 478
Notwithstanding sections 3917.01 and 3917.06 of the Revised 480
Code, the board of trustees may purchase group life insurance 481
authorized by this section by reason of payment of premiums 482
therefor by the board of trustees from its funds, and such group 483
life insurance may be issued and purchased if otherwise 484
consistent with sections 3917.01 to 3917.06 of the Revised Code. 485
Sec. 339.17. (A) Sections 140.03 and 140.05 of the 494
Revised Code are alternatives to sections 339.02 to 339.13 of the 495
Revised Code. Sections 339.02 to 339.14 and 339.21 to 339.39 of 496
the Revised Code are not applicable with respect to hospital 497
facilities and services provided for under leases or agreements 498
entered into pursuant to section 140.03 or 140.05 of the Revised 499
Code, except to the extent made applicable by section 140.03 or 500
140.05 of the Revised Code and the leases and agreements made 501
thereunder. 502
(B) Notwithstanding division (A) of this section, the 504
requirements of sections 339.091 and 339.092 of the Revised Code 505
apply to an initial agreement with a board of county 506
commissioners, board of county hospital trustees, or county 507
hospital commission for the acquisition, operation, or lease of a 508
county hospital operated by a board of county hospital trustees 509
under section 339.06 of the Revised Code, entered into pursuant 510
to section 140.03 or 140.05 of the Revised Code, but not to any 511
amendment or renewal of such agreement. 512
Sec. 339.71. AS USED IN THIS SECTION AND SECTIONS 339.72 514
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TO 339.89 OF THE REVISED CODE: 515
(A) "ACTIVE TUBERCULOSIS" MEANS TUBERCULOSIS THAT HAS BEEN 518
DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC 519
EVIDENCE TO BE PRESENT IN AN INDIVIDUAL WHO HAS NOT COMPLETED AN 521
APPROPRIATE COURSE OF ANTITUBERCULOSIS MEDICATION, REGARDLESS OF 522
THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES 523
BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS. 524
(B) "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY OR 527
LARYNGEAL TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH
EXAMINATION OF A CULTURE OF SPECIMENS OBTAINED FROM THE 529
INDIVIDUAL'S RESPIRATORY TRACT, TO BE IN A STAGE AT WHICH IT CAN 530
BE TRANSMITTED TO ANOTHER INDIVIDUAL. 531
(C) "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 534
AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.
(D) "LARYNGEAL TUBERCULOSIS" MEANS TUBERCULOSIS THAT 536
AFFECTS THE LARYNX. 537
(E) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 540
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 541
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 542
(F) "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 544
AFFECTS THE LUNGS. 545
(G) "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING 548
IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS: 549
(1) MYCOBACTERIUM TUBERCULOSIS; 551
(2) MYCOBACTERIUM BOVIS; 553
(3) MYCOBACTERIUM AFRICANUM. 555
Sec. 339.72. (A) EACH BOARD OF COUNTY COMMISSIONERS SHALL 557
PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL 558
UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY 559
ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY 560
COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY 561
DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT. THE ENTITY 562
DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 563
MAY BE ANY OF THE FOLLOWING: 564
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(1) A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A 567
BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO 568
SECTION 3709.22 OF THE REVISED CODE;
(2) A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT 570
RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE; 572
(3) A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY 575
COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE; 576
(4) A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES 579
UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO 580
SECTION 339.75 OF THE REVISED CODE.
(B) THE ENTITY DESIGNATED UNDER DIVISION (A) OF THIS 582
SECTION AS THE TUBERCULOSIS CONTROL UNIT SHALL ACCEPT THAT 583
DESIGNATION AND FULFILL ITS DUTIES AS THE TUBERCULOSIS CONTROL 584
UNIT SPECIFIED UNDER SECTIONS 339.71 TO 339.89 OF THE REVISED 585
CODE.
Sec. 339.73. EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL 587
UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT IS MADE AVAILABLE 588
TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE AREA 590
SERVED BY THE UNIT. IN MAKING TREATMENT AVAILABLE, THE
TUBERCULOSIS CONTROL UNIT MAY PROVIDE THE TREATMENT OR MAKE 591
REFERRALS FOR RECEIPT OF TREATMENT FROM OTHER ENTITIES. THE UNIT 592
MAY MAKE REFERRALS FOR RECEIPT OF TEMPORARY HOUSING. 593
THE TUBERCULOSIS TREATMENT PROVIDED UNDER THIS SECTION IS 595
LIMITED TO CASES OF ACTIVE TUBERCULOSIS AND INFECTED CONTACTS AND 596
INCLUDES PROVISION OF ANTITUBERCULOSIS MEDICATION, CONDUCT OF AN 598
INVESTIGATION UNDER SECTION 339.80 OF THE REVISED CODE, PROVISION
OF APPROPRIATE FOLLOW-UP SERVICES FOR CONFIRMED AND SUSPECTED 599
CASES OF ACTIVE TUBERCULOSIS, AND PROVISION OF SERVICES BY A 601
PHYSICIAN THROUGH A COURSE OF THERAPY THAT MEETS THE STANDARDS 602
FOR TUBERCULOSIS TREATMENT ESTABLISHED BY THE UNITED STATES 603
CENTERS FOR DISEASE CONTROL AND PREVENTION OR THE AMERICAN 604
THORACIC SOCIETY.
THE TUBERCULOSIS CONTROL UNIT SHALL SERVE ALL RESIDENTS 606
WITHIN ITS JURISDICTION, REGARDLESS OF THE LENGTH OF TIME THAT 607
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THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S INCOME 608
AND RESOURCES. AN INDIVIDUAL WHO RECEIVES TUBERCULOSIS TREATMENT 609
SHALL DISCLOSE TO THE TUBERCULOSIS CONTROL UNIT THE IDENTITY OF 610
ANY THIRD PARTY AGAINST WHOM THE INDIVIDUAL HAS OR MAY HAVE A 611
RIGHT OF RECOVERY FOR THE TREATMENT PROVIDED. THE BOARD OF
COUNTY COMMISSIONERS IS THE PAYOR OF LAST RESORT FOR TUBERCULOSIS 612
TREATMENT AND SHALL PAY FOR TREATMENT ONLY TO THE EXTENT THAT 613
PAYMENT IS NOT MADE THROUGH THIRD-PARTY BENEFITS. 614
Sec. 339.42 339.74. The county commissioners of each 623
county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall 624
establish a TUBERCULOSIS record bureau, appoint a director 626
thereof, and appoint such assistants as are required to keep and 627
maintain adequate records with respect to all known cases of 629
tuberculosis within the county. The county commissioners may
delegate the authority to operate such bureau to a county or 630
district tuberculosis hospital, a county tuberculosis clinic, a 631
joint county tuberculosis clinic, or a city or general health 632
district. All tuberculosis hospitals, tuberculosis clinics, 633
general and private hospitals and all boards of health shall
immediately report all cases of tuberculosis which are known to 634
them to such record bureau, and they shall supply the bureau with 635
such data with respect to such cases and with respect to the 636
persons who live or work in close contact with such cases as it 637
requests AREA SERVED BY THE UNIT.
Sec. 339.38 339.75. The board of county commissioners of 646
any county may contract with the board of trustees of a county or 647
district tuberculosis HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 648
OR ANY hospital or with the director of health OTHER HEALTH CARE 650
FACILITY for clinic services or for the care, treatment, and 651
maintenance of residents of the county who are suffering from THE 652
PROVISION OF THE tuberculosis TREATMENT SPECIFIED UNDER SECTION 653
339.73 OF THE REVISED CODE. The board of county commissioners of 654
the county in which such patients reside shall pay to the board 655
of trustees of such county or district tuberculosis hospital, or 656
16
to the treasurer of state, HEALTH OR HEALTH CARE FACILITY WITH 657
WHICH IT CONTRACTS the amount provided in the contract. They 659
shall also pay for the transportation of patients and attendants. 660
The board of county commissioners may also contract for the care 661
and treatment of residents of the county suffering from 662
tuberculosis with a general hospital, properly equipped both as 663
to personnel and facilities for the care and treatment of 664
tuberculosis, or with a person, firm, association, or corporation 665
operating a hospital exclusively for the care and treatment of 666
the tuberculous. No contract shall be made unless such general 667
or private hospital has been inspected and approved by the 668
department of health. Such approval may be withdrawn and such 669
contract shall be cancelled, if, in the judgment of the 670
department, such general or private hospital is not properly 671
managed. If such approval is withdrawn, the person, firm, 672
association, or corporation operating such institutions may 673
appeal to the public health council for a decision. 674
Sec. 339.39 339.76. The board of county commissioners of 683
any county may establish and maintain one or more tuberculosis 684
clinics in the county, AND may employ physicians, public health 685
nurses, and other persons for the operation of such clinics or 686
other means as are provided for the prevention, cure, and 687
treatment of tuberculosis, and. THE BOARD may provide by tax 689
levies, or otherwise, the necessary funds for such clinics to be 690
established, maintained, and operated. Clinics so established 691
shall be under the control of the board of county commissioners, 692
and shall be supervised by a board of three trustees, similar in 693
all respects to and with all the powers enjoyed by a board of 694
trustees of a county tuberculosis hospital, or by a city or 695
general district board of health within the county, as the board 696
of county commissioners designates. 697
The boards of county commissioners of two or more counties 699
may join together to establish a joint county tuberculosis 700
clinic. Clinics so established shall be under the control of the 701
17
joint boards of county commissioners of the member counties and 702
shall be supervised by a board of trustees, such board to consist 703
of an equal number of trustees from each of the member counties, 704
with all of the powers enjoyed by a board of trustees of a county 705
tuberculosis hospital, or by a city or general health district 706
board of health within the county where the clinic is located, as 707
the member boards of county commissioners shall designate. The 708
cost of the establishment and the maintenance of such clinics 709
shall be distributed among the member counties as agreed upon by 710
such members, and such costs shall be paid from the respective 711
county general funds, or from tax levies, or both. 712
Sec. 339.43 339.77. (A) The director of health shall make 721
available financial assistance for treatment of tuberculosis 722
patients to counties operating an acceptable tuberculosis 724
program. Annually, the director shall pay to the BOARDS OF 725
county commissioners of the patient's legal residence a 726
per-active-case amount that equals the annually appropriated 729
funds divided by the number of active cases with documented 730
completion of an approved course of treatment during the previous 731
fiscal year. Total payment shall not exceed the amount of funds 732
appropriated for the purpose. The Ohio public health council 733
DIRECTOR shall provide forms for documentation and shall 734
determine what constitutes an "acceptable tuberculosis program," 735
an "approved course of treatment," and an "active case." The 737
director or his THE DIRECTOR'S authorized agent shall upon 738
request be allowed access to any patient's medical records in 739
order to verify the accuracy of the information submitted to 740
justify such financial assistance. If such medical records are 741
denied or are unavailable, the financial assistance shall 742
terminate or be denied.
(B) ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF 744
COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS 745
WITH TUBERCULOSIS. TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF 746
FUNDS APPROPRIATED FOR THE COST OF DETENTION. THE DIRECTOR SHALL 747
18
PRESCRIBE THE RATE OF REIMBURSEMENT FOR DETENTION. ANY FUNDS NOT 748
EXPENDED FOR DETENTION BY THE END OF A FISCAL YEAR SHALL BE 749
DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE 750
WITH DIVISION (A) OF THIS SECTION.
Sec. 339.78. (A) WHEN A PHYSICIAN COMPLETES DIAGNOSTIC 753
STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE 754
PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE 755
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT. A PHYSICIAN SHALL 756
MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO 757
COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS 758
DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO 759
SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS. AT ANY TIME IT IS 760
DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE 761
OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT. 762
THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS 764
SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT 765
REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE 766
TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO 767
THE REGIMEN.
IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN 769
SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT 770
REQUESTS. THE INFORMATION SHALL BE PROVIDED AT INTERVALS 771
SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT. 772
(B) IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS 774
UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT 775
TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS: 776
(1) THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER 778
FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS 779
CONFIRMED TO HAVE OR IS SUSPECTED OF HAVING TUBERCULOSIS SHALL 780
REPORT THE CASE TO THE TUBERCULOSIS CONTROL UNIT; 782
(2) THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS 784
FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE 785
TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT 786
OBTAINED;
19
(3) ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS 788
TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS 789
CONTROL UNIT. 790
Sec. 339.79. A COUNTY OR DISTRICT TUBERCULOSIS CONTROL 792
UNIT SHALL MAKE A REPORT TO THE OHIO DEPARTMENT OF HEALTH EACH 793
TIME THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 794
REVISED CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR 795
A CASE OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS. 797
IF THE REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF 799
THIS STATE, THE DEPARTMENT SHALL MAKE A REPORT TO THE STATE OR 800
LOCAL PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE 801
INDIVIDUAL RESIDES.
Sec. 339.80. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 803
CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 805
REVISED CODE OF A CONFIRMED OR SUSPECTED CASE OF TUBERCULOSIS, 806
THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL 807
CONTACT WITH THE INDIVIDUAL WITH TUBERCULOSIS. THE INVESTIGATION 808
SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT 809
RECEIVES THE REPORT. 810
Sec. 339.81. ANY INFORMATION, DATA, AND REPORTS WITH 813
RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR 814
PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR 815
THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR 817
STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF 818
CONTROLLING TUBERCULOSIS IN THIS STATE. NO PHYSICIAN, HOSPITAL, 819
OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT 820
TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO 822
HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, BE HELD TO ANSWER
FOR WILLFUL BETRAYAL OF A PROFESSIONAL CONFIDENCE, OR BE HELD 824
LIABLE IN DAMAGES TO ANY PERSON. 825
Sec. 339.82. EXCEPT AS PROVIDED IN SECTION 339.89 OF THE 827
REVISED CODE, ALL OF THE FOLLOWING APPLY TO INDIVIDUALS WITH 828
TUBERCULOSIS:
(A)(1) AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING 831
20
ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS 832
TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN. 833
THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF ANTITUBERCULOSIS 834
MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF TUBERCULOSIS, AND 835
INSTRUCTIONS FOR FOLLOWING CONTAGION PRECAUTIONS TO PREVENT THE 836
SPREAD OF TUBERCULOSIS.
(2) IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED 838
ANTITUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1) OF 839
THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 840
SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS 841
REQUIRED TO BE WITNESSED INGESTING THE ANTITUBERCULOSIS 842
MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT. THE INDIVIDUAL 843
SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE. 844
(B) AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS 847
NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY 848
PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR
DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE 849
MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD 850
OF THE DISEASE. AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO 851
CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE 852
TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO 853
HOSPITALIZATION AND REMAIN HOSPITALIZED.
(C) AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO 856
TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT
TUBERCULOSIS CONTROL UNIT. THE UNIT SHALL NOTIFY THE OHIO 858
DEPARTMENT OF HEALTH WHEN AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS
RELOCATES. THE DEPARTMENT SHALL NOTIFY THE TUBERCULOSIS CONTROL 860
UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO WHICH THE INDIVIDUAL 861
INTENDS TO TRAVEL OR RELOCATE OR THE APPROPRIATE PUBLIC HEALTH 862
AUTHORITY OF THE STATE TO WHICH THE INDIVIDUAL INTENDS TO TRAVEL 863
OR RELOCATE.
Sec. 339.83. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 865
CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR 866
COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION 867
21
339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL 868
THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND 869
THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE 871
REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.84. IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION 874
339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS 875
CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO 877
COMPLY.
Sec. 339.85. IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 879
ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY 880
OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE 882
COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE
INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER. IF THE 884
TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE 885
TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE 886
PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN 887
INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A 888
PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE 889
MATTER.
Sec. 339.86. (A) IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 892
INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE 893
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE 894
PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER 895
WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL 896
IN A HOSPITAL OR OTHER PLACE TO BE EXAMINED OR TREATED FOR 898
TUBERCULOSIS. IN THE REQUEST, THE UNIT SHALL PROVIDE THE 899
FOLLOWING INFORMATION:
(1) THE NAME OF THE INDIVIDUAL; 901
(2) THE PURPOSE OF MAKING THE REQUEST FOR DETENTION; 904
(3) AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A 906
DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL 907
THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST; 908
(4) A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE 910
INDIVIDUAL SHOULD BE DETAINED; 911
22
(5) A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE 914
USED FOR THE DETENTION.
(B) THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN 917
INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS. AT THE 918
END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW 919
THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT 920
MORE THAN NINETY DAYS. AT THE END OF EACH SUBSEQUENT PERIOD OF 921
DETENTION, THE COURT SHALL REVIEW THE CASE. WHEN THE COURT 922
RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE 923
ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL 924
TERMINATE THE ORDER FOR DETENTION. 925
(C) AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION 928
MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES, 929
ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE 930
NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A 931
REASONABLE NUMBER OF THOSE INDIVIDUALS. AN INDIVIDUAL WHO HAS 932
BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF 933
ANTITUBERCULOSIS MEDICATION. THE INDIVIDUAL MAY, AT ANY TIME, 934
SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED 935
FROM DETENTION.
DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S 937
DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO 938
BE REPRESENTED BY COUNSEL. IF THE INDIVIDUAL IS INDIGENT, THE 939
INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL. THE COURT MAY 940
APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE 941
INDIVIDUAL IS INDIGENT.
Sec. 339.87. (A) WHEN A TUBERCULOSIS CONTROL UNIT HAS 943
REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS 944
SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL 945
DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS 946
CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A 947
SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL 948
TO A HOSPITAL OR OTHER PLACE TO BE EXAMINED AND TREATED FOR
TUBERCULOSIS. 949
23
(B) NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER 951
DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION, 952
THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF 953
THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION 954
ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE. 955
IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE 956
IMMEDIATELY RELEASED. AN INDIVIDUAL RELEASED FOR THIS REASON 957
SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF 958
THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS
AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF 959
SECTION 339.86 OF THE REVISED CODE. 960
Sec. 339.88. THE EXPENSES INCURRED FOR DETENTION UNDER 962
SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE 963
INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE 964
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE 965
INDIVIDUAL WAS REMOVED. THE BOARD OF COUNTY COMMISSIONERS MAY 966
APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION 967
339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT
INDIVIDUALS WITH TUBERCULOSIS. 968
Sec. 339.89. SECTIONS 339.71 TO 339.88 OF THE REVISED 970
CODE, AND THE RULES FOR TUBERCULOSIS ADOPTED UNDER SECTION 971
3701.14 OF THE REVISED CODE, DO NOT REQUIRE A PERSON TO UNDERGO 972
TESTING, MEDICAL TREATMENT, OR DETENTION IN A HOSPITAL OR OTHER
PLACE FOR TREATMENT IF THE PERSON, OR, IN THE CASE OF A CHILD, 973
THE CHILD'S PARENTS, RELY EXCLUSIVELY ON SPIRITUAL TREATMENT 974
THROUGH PRAYER, IN LIEU OF MEDICAL TREATMENT, IN ACCORDANCE WITH 975
A RECOGNIZED, RELIGIOUS METHOD OF HEALING. THE PERSON MAY BE 976
QUARANTINED OR OTHERWISE SAFELY ISOLATED IN THE HOME OR ANOTHER
PLACE THAT IS SUITABLE TO THE HEALTH OF THE PERSON AND HAS BEEN 977
APPROVED BY THE TUBERCULOSIS CONTROL UNIT AS A PLACE THAT 978
PROVIDES APPROPRIATE PROTECTION TO OTHER PERSONS AND THE 979
COMMUNITY.
Sec. 3107.18. (A) Except when giving effect to such a 988
decree would violate the public policy of this state, a court 990
24
decree terminating the relationship of parent and child, or 991
establishing the relationship by adoption, issued pursuant to due 992
process of law by a court of any jurisdiction outside this state, 993
whether within or outside the United States, shall be recognized
in this state, and the rights and obligations of the parties as 994
to all matters within the jurisdiction of this state, including, 995
without limitation, those matters specified in section 3107.15 of 996
the Revised Code, shall be determined as though the decree were 997
issued by a court of this state. A decree or certificate of 999
adoption that is issued under the laws of a foreign country and
that is verified and approved by the immigration and 1,000
naturalization service of the United States shall be recognized 1,001
in this state. Nothing in this section prohibits a court from 1,002
issuing a final decree of adoption or interlocutory order of 1,003
adoption pursuant to section 3107.14 of the Revised Code for a 1,004
person the petitioner has adopted pursuant to a decree or 1,005
certificate of adoption recognized in this state that was issued 1,007
outside the United States. 1,008
(B) If a child born in a foreign country is placed with 1,010
adoptive parents or an adoptive parent in this state for the 1,011
purpose of adoption and if the adoption previously has been 1,012
finalized in the country of the child's birth, the adoptive 1,013
parent or parents may bring a petition in the probate court in 1,014
their county of residence, requesting that the court issue a
final decree of adoption or an interlocutory order of adoption 1,016
pursuant to section 3701.14 3107.14 of the Revised Code. In a 1,017
proceeding on the petition, proof of finalization of the adoption 1,019
outside the United States is prima-facie evidence of the consent 1,020
of the parties who are required to give consent even if the
foreign decree or certificate of adoption was issued with respect 1,021
to only one of two adoptive parents who seek to adopt the child 1,022
in this state.
(C) At the request of a person who has adopted a person 1,024
pursuant to a decree or certificate of adoption recognized in 1,025
25
this state that was issued outside the United States, the court 1,027
of the county in which the person making the request resides 1,028
shall order the department of health to issue a foreign birth 1,029
record for the adopted person under division (A)(4) of section 1,031
3705.12 of the Revised Code. The court may specify a change of 1,032
name for the child and, if a physician has recommended a revision 1,033
of the birth date, a revised birth date. The court shall send to 1,035
the department with its order a copy of the foreign adoption 1,036
decree or certificate of adoption and, if the foreign decree or 1,037
certificate of adoption is not in English, a translation 1,038
certified as to its accuracy by the translator and provided by 1,039
the person who requested the order.
Sec. 3313.55. The board of education of any school 1,048
district may establish such special schools as it deems necessary 1,049
for all persons who are afflicted with tuberculosis, and may 1,050
cause all youth, within such district, so afflicted, to be 1,051
excluded from the regular schools, and may provide for and pay 1,052
from the school funds, the expense of transportation of such 1,053
persons to and from such special schools. The board of any 1,054
school district in which is located a state, district, county, or 1,055
municipal hospital for children with tuberculosis or epilepsy or 1,056
any public institution, except state institutions for the care 1,057
and treatment of delinquent, unstable, or socially maladjusted 1,058
children, shall make provision for the education of all educable 1,059
children therein; except that in the event another school 1,060
district within the same county or an adjoining county is the 1,061
source of sixty per cent or more of the children in said hospital 1,062
or institution, the board of that school district shall make 1,063
provision for the education of all the children therein. In any 1,064
case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS 1,065
SECTION, the board which THAT provides the educational facilities 1,067
shall be entitled to all moneys authorized for the attendance of 1,068
pupils as provided in Chapter 3317. of the Revised Code;, tuition 1,069
as provided in section 3317.08 of the Revised Code;, and such 1,070
26
additional compensation as is provided for crippled children in 1,071
sections 3323.01 to 3323.12 of the Revised Code. Any board which 1,072
THAT provides the educational facilities for children in county 1,073
or municipal institutions established for the care and treatment 1,074
of children who are delinquent, unstable, or socially maladjusted 1,075
shall not be entitled to any moneys provided for crippled 1,076
children in sections 3323.01 to 3323.12 of the Revised Code. 1,077
Sec. 3313.71. School physicians may make examinations, 1,087
which shall include tests to determine the existence of hearing 1,088
defects, and diagnoses of all children referred to them. They 1,089
may make such examination of teachers and other school employees 1,090
and inspection of school buildings as in their opinion the 1,091
protection of health of the pupils, teachers, and other school 1,092
employees requires. 1,093
Boards of education shall require and provide, in 1,095
accordance with section 3313.67 of the Revised Code, such tests 1,096
and examinations for tuberculosis of pupils in selected grades 1,097
and of school employees as may be required by the Ohio public 1,098
health council. 1,099
Boards may require annual tuberculin tests of any grades. 1,101
All pupils with positive reactions to the test shall have chest 1,102
x-rays and all positive reactions and x-ray findings shall be 1,103
reported promptly to the county record bureau of tuberculosis 1,104
cases provided for in section 339.42 339.74 of the Revised Code. 1,106
Boards shall waive the required test where a pupil presents a 1,107
written statement from his THE PUPIL'S family physician 1,108
certifying that such test has been given and that such pupil is 1,109
free from tuberculosis in a communicable stage, or that such test 1,110
is inadvisable for medical reasons, or from his THE PUPIL'S 1,111
parent or guardian objecting to such test because of religious 1,112
convictions.
Whenever a pupil, teacher, or other school employee is 1,114
found to be ill or suffering from tuberculosis in a communicable 1,115
stage or other communicable disease, the school physician shall 1,116
27
promptly send such pupil, teacher, or other school employee home, 1,117
with a statement, in the case of a pupil, to its THE PUPIL'S 1,118
parents or guardian, briefly setting forth the discovered facts, 1,119
and advising that the family physician be consulted. School 1,120
physcians PHYSICIANS shall keep accurate card-index records of 1,122
all examinations, and said records, that they may be uniform
throughout the state, shall be according to the form prescribed 1,123
by the state board of education, and the reports shall be made 1,124
according to the method of said form. If the parent or guardian 1,125
of any pupil or any teacher or other school employee, after 1,126
notice from the board of education, furnishes within two weeks 1,127
thereafter the written certificate of any reputable physician 1,128
that the pupil, teacher, or other school employee has been 1,129
examined, in such cases the service of the school physician shall 1,130
be dispensed with, and such certificate shall be furnished by 1,131
such parent or guardian, as required by the board of education. 1,132
Such individual records shall not be open to the public and shall 1,133
be solely for the use of the boards of education and boards of 1,134
health officer. If any teacher or other school employee is found 1,135
to have tuberculosis in a communicable stage or other 1,136
communicable disease, his THE TEACHER'S OR EMPLOYEE'S employment 1,137
shall be discontinued or suspended upon such terms as to salary 1,138
as the board deems just until the school physician has certified 1,140
to a recovery from such disease. The methods of making the 1,141
tuberculin tests and chest x-rays required by this section shall 1,142
be such as are approved by the director of health. 1,143
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 1,153
and (C) of this section, any student enrolled in kindergarten 1,154
more than half time shall be reported as one-half student under 1,155
this section.
(A) The superintendent of each city and exempted village 1,158
school district and of each educational service center shall, for 1,159
the schools under the superintendent's supervision, certify to 1,160
the state board of education on or before the fifteenth day of 1,161
28
October in each year for the first full school week in October 1,162
the formula ADM, which shall consist of the average daily 1,163
membership during such week of the sum of the following: 1,164
(1) On an FTE basis, the number of students in grades 1,167
kindergarten through twelve receiving any educational services 1,168
from the district, except that the following categories of 1,169
students shall not be included in the determination: 1,170
(a) Students enrolled in adult education classes; 1,172
(b) Adjacent or other district students enrolled in the 1,174
district under an open enrollment policy pursuant to section 1,175
3313.98 of the Revised Code; 1,176
(c) Students receiving services in the district pursuant 1,178
to a compact, cooperative education agreement, or a contract, but 1,179
who are entitled to attend school in another district pursuant to 1,180
section 3313.64 or 3313.65 of the Revised Code; 1,181
(d) Students for whom tuition is payable pursuant to 1,184
sections 3317.081 and 3323.141 of the Revised Code. 1,185
(2) On an FTE basis, the number of students entitled to 1,188
attend school in the district pursuant to section 3313.64 or 1,189
3313.65 of the Revised Code, but receiving educational services 1,191
in grades kindergarten through twelve from one or more of the
following entities: 1,192
(a) A community school pursuant to Chapter 3314. of the 1,195
Revised Code, including any participation in a college pursuant 1,196
to Chapter 3365. of the Revised Code while enrolled in such 1,197
community school;
(b) An alternative school pursuant to sections 3313.974 to 1,199
3313.979 of the Revised Code as described in division (I)(2)(a) 1,201
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 1,203
Code, except when the student is enrolled in the college while 1,204
also enrolled in a community school pursuant to Chapter 3314. of 1,205
the Revised Code;
(d) An adjacent or other school district under an open 1,208
29
enrollment policy adopted pursuant to section 3313.98 of the 1,209
Revised Code;
(e) An educational service center or cooperative education 1,212
district;
(f) Another school district under a cooperative education 1,215
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 1,217
joint vocational school district or under a vocational education 1,218
compact;
(4) The number of handicapped children, other than 1,220
handicapped preschool children, entitled to attend school in the 1,221
district pursuant to section 3313.64 or 3313.65 of the Revised 1,223
Code who are placed with a county MR/DD board, minus the number 1,226
of such children placed with a county MR/DD board in fiscal year 1,227
1998. If this calculation produces a negative number, the number 1,229
reported under division (A)(4) of this section shall be zero. 1,231
(B) To enable the department of education to obtain the 1,234
data needed to complete the calculation of payments pursuant to 1,235
this chapter, in addition to the formula ADM, each superintendent 1,237
shall report separately the following student counts: 1,238
(1) The total average daily membership in regular day 1,240
classes included in the report under division (A)(1) or (2) of 1,241
this section for kindergarten, and each of grades one through 1,242
twelve in schools under the superintendent's supervision; 1,244
(2) The number of all handicapped preschool children 1,248
enrolled as of the first day of December in classes in the 1,249
district that are eligible for approval by the state board of 1,250
education under division (B) of section 3317.05 of the Revised 1,251
Code and the number of those classes, which shall be reported not 1,252
later than the fifteenth day of December, in accordance with 1,253
rules adopted under that section; 1,254
(3) The number of children entitled to attend school in 1,256
the district pursuant to section 3313.64 or 3313.65 of the 1,257
Revised Code who are participating in a pilot project scholarship 1,259
30
program established under sections 3313.974 to 3313.979 of the 1,260
Revised Code as described in division (I)(2)(a) or (b) of this 1,262
section, are enrolled in a college under Chapter 3365. of the 1,263
Revised Code, except when the student is enrolled in the college 1,264
while also enrolled in a community school pursuant to Chapter 1,265
3314. of the Revised Code, are enrolled in an adjacent or other 1,266
school district under section 3313.98 of the Revised Code, are 1,267
enrolled in a community school established under Chapter 3314. of 1,269
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in 1,270
such community school, or are participating in a program operated 1,272
by a county MR/DD board or a state institution; 1,273
(4) The number of pupils enrolled in joint vocational 1,275
schools; 1,276
(5) The average daily membership of handicapped children 1,279
reported under division (A)(1) or (2) of this section receiving 1,280
category one special education services, described in division 1,281
(A) of section 3317.013 of the Revised Code; 1,282
(6) The average daily membership of handicapped children 1,284
reported under division (A)(1) or (2) of this section receiving 1,285
category two special education services, described in division 1,286
(B) of section 3317.013 of the Revised Code; 1,287
(7) The average daily membership of handicapped children 1,289
reported under division (A)(1) or (2) of this section identified 1,291
as having any of the handicaps specified in division (F)(3) of 1,292
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 1,294
division (A)(1) or (2) of this section enrolled in category one 1,295
vocational education programs or classes, described in division 1,296
(A) of section 3317.014 of the Revised Code, operated by the 1,297
school district or by another district, other than a joint 1,298
vocational school district, or by an educational service center; 1,299
(9) The average daily membership of pupils reported under 1,301
division (A)(1) or (2) of this section enrolled in category two 1,302
31
vocational education programs or services, described in division 1,303
(B) of section 3317.014 of the Revised Code, operated by the 1,304
school district or another school district, other than a joint 1,305
vocational school district, or by an educational service center; 1,306
(10) The average number of children transported by the 1,309
school district on board-owned or contractor-owned and -operated 1,310
buses, reported in accordance with rules adopted by the 1,312
department of education;
(11)(a) The number of children, other than handicapped 1,315
preschool children, the district placed with a county MR/DD board 1,316
in fiscal year 1998; 1,317
(b) The number of handicapped children, other than 1,319
handicapped preschool children, placed with a county MR/DD board 1,321
in the current fiscal year to receive category one special 1,322
education services, described in division (A) of section 3317.013 1,324
of the Revised Code; 1,325
(c) The number of handicapped children, other than 1,327
handicapped preschool children, placed with a county MR/DD board 1,329
in the current fiscal year to receive category two special 1,330
education services, described in division (B) of section 3317.013 1,332
of the Revised Code; 1,333
(d) The number of handicapped children, other than 1,335
handicapped preschool children, placed with a county MR/DD board 1,337
in the current fiscal year to receive category three special 1,338
education services, described in division (F)(3) of section 1,340
3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for 1,342
kindergarten students, the average daily membership in divisions 1,343
(B)(1) to (9) of this section shall be based upon the number of 1,345
full-time equivalent students. The state board of education 1,346
shall adopt rules defining full-time equivalent students and for 1,347
determining the average daily membership therefrom for the 1,349
purposes of divisions (A), (B), and (D) of this section. No 1,350
child shall be counted as more than a total of one child in the 1,351
32
sum of the average daily memberships of a school district under 1,353
division (A), divisions (B)(1) to (9), or division (D) of this 1,354
section. Based on the information reported under this section, 1,356
the department of education shall determine the total student 1,357
count, as defined in section 3301.011 of the Revised Code, for
each school district. 1,358
(D)(1) The superintendent of each joint vocational school 1,360
district shall certify to the superintendent of public 1,362
instruction on or before the fifteenth day of October in each 1,363
year for the first full school week in October the formula ADM, 1,364
which shall consist of the average daily membership during such 1,366
week, on an FTE basis, of the number of students receiving any 1,368
educational services from the district, except that the following 1,369
categories of students shall not be included in the 1,370
determination:
(a) Students enrolled in adult education classes; 1,372
(b) Adjacent or other district joint vocational students 1,374
enrolled in the district under an open enrollment policy pursuant 1,375
to section 3313.98 of the Revised Code; 1,376
(c) Students receiving services in the district pursuant 1,378
to a compact, cooperative education agreement, or a contract, but 1,379
who are entitled to attend school in a city, local, or exempted 1,381
village school district whose territory is not part of the 1,382
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to 1,384
sections 3317.081 and 3323.141 of the Revised Code. 1,385
(2) To enable the department of education to obtain the 1,387
data needed to complete the calculation of payments pursuant to 1,388
this chapter, in addition to the formula ADM, each superintendent 1,389
shall report separately the average daily membership included in 1,390
the report under division (D)(1) of this section for each of the 1,391
following categories of students: 1,392
(a) Students enrolled in each grade included in the joint 1,394
vocational district schools; 1,395
33
(b) Handicapped children receiving category one special 1,397
education services, described in division (A) of section 3317.013 1,399
of the Revised Code;
(c) Handicapped children receiving category two special 1,401
education services, described in division (B) of section 3317.013 1,403
of the Revised Code;
(d) Handicapped children identified as having any of the 1,405
handicaps specified in division (F)(3) of section 3317.02 of the 1,407
Revised Code;
(e) Students receiving category one vocational education 1,409
services, described in division (A) of section 3317.014 of the 1,410
Revised Code;
(f) Students receiving category two vocational education 1,412
services, described in division (B) of section 3317.014 of the 1,413
Revised Code.
The superintendent of each joint vocational school district 1,415
shall also indicate the city, local, or exempted village school 1,417
district in which each joint vocational district pupil is 1,418
entitled to attend school pursuant to section 3313.64 or 3313.65 1,419
of the Revised Code.
(E) In each school of each city, local, exempted village, 1,421
joint vocational, and cooperative education school district there 1,422
shall be maintained a record of school membership, which record 1,423
shall accurately show, for each day the school is in session, the 1,424
actual membership enrolled in regular day classes. For the 1,425
purpose of determining average daily membership, the membership 1,426
figure of any school shall not include any pupils except those 1,427
pupils described by division (A) of this section. The record of 1,429
membership for each school shall be maintained in such manner 1,430
that no pupil shall be counted as in membership prior to the 1,431
actual date of entry in the school and also in such manner that 1,432
where for any cause a pupil permanently withdraws from the school 1,433
that pupil shall not be counted as in membership from and after 1,435
the date of such withdrawal. There shall not be included in the 1,436
34
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 1,439
a public high school;
(2) Any pupil who is not a resident of the state; 1,441
(3) Any pupil who was enrolled in the schools of the 1,444
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 1,445
not take one or more of the tests required by that section and 1,446
was not excused pursuant to division (C)(1) of that section; 1,447
(4) Any pupil who has attained the age of twenty-two 1,449
years, except for the following: 1,450
(a) Persons suffering from tuberculosis and receiving 1,452
treatment in any approved state, county, district, or municipal 1,453
tuberculosis hospital who have not graduated from the twelfth 1,454
grade of a public high school; 1,455
(b) Veterans VETERANS of the armed services whose 1,457
attendance was interrupted before completing the recognized 1,459
twelve-year course of the public schools by reason of induction 1,460
or enlistment in the armed forces and who apply for reenrollment 1,461
in the public school system of their residence not later than 1,462
four years after termination of war or their honorable discharge. 1,463
If, however, any veteran described by division (E)(4)(b) of 1,466
this section elects to enroll in special courses organized for 1,467
veterans for whom tuition is paid under the provisions of federal 1,468
laws, or otherwise, that veteran shall not be included in average 1,470
daily membership.
Notwithstanding division (E)(3) of this section, the 1,472
membership of any school may include a pupil who did not take a 1,473
test required by section 3301.0711 of the Revised Code if the 1,474
superintendent of public instruction grants a waiver from the 1,475
requirement to take the test to the specific pupil. The 1,476
superintendent may grant such a waiver only for good cause in 1,477
accordance with rules adopted by the state board of education. 1,478
Except as provided in division (B)(2) of this section, the 1,481
35
average daily membership figure of any local, city, exempted 1,482
village, or joint vocational school district shall be determined 1,483
by dividing the figure representing the sum of the number of 1,484
pupils enrolled during each day the school of attendance is 1,485
actually open for instruction during the first full school week 1,486
in October by the total number of days the school was actually 1,487
open for instruction during that week. For purposes of state 1,488
funding, "enrolled" persons are only those pupils who are 1,489
attending school, those who have attended school during the 1,490
current school year and are absent for authorized reasons, and 1,491
those handicapped children currently receiving home instruction. 1,492
The average daily membership figure of any cooperative 1,494
education school district shall be determined in accordance with 1,495
rules adopted by the state board of education. 1,496
(F)(1) If the formula ADM for the first full school week 1,499
in February is at least three per cent greater than that 1,500
certified for the first full school week in the preceding 1,501
October, the superintendent of schools of any city, exempted 1,502
village, or joint vocational school district or educational 1,504
service center shall certify such increase to the superintendent 1,505
of public instruction. Such certification shall be submitted no 1,506
later than the fifteenth day of February. For the balance of the 1,507
fiscal year, beginning with the February payments, the 1,508
superintendent of public instruction shall use the increased 1,509
formula ADM in calculating or recalculating the amounts to be 1,510
allocated in accordance with section 3317.022 or 3317.16 of the 1,512
Revised Code. In no event shall the superintendent use an 1,513
increased membership certified to the superintendent after the 1,514
fifteenth day of February. 1,515
(2) If on the first school day of April the total number 1,517
of classes or units for handicapped preschool children that are 1,520
eligible for approval under division (B) of section 3317.05 of 1,521
the Revised Code exceeds the number of units that have been 1,522
approved for the year under that division, the superintendent of 1,523
36
schools of any city, exempted village, or cooperative education 1,524
school district or educational service center shall make the 1,525
certifications required by this section for that day. If the 1,526
state board of education determines additional units can be 1,527
approved for the fiscal year within any limitations set forth in 1,528
the acts appropriating moneys for the funding of such units, the 1,530
board shall approve additional units for the fiscal year on the 1,531
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 1,532
computed in the manner prescribed in section 3317.161 or 3317.19 1,534
and section 3317.162 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a 1,536
special education program pursuant to section 3323.091 of the 1,537
Revised Code shall, for the programs under such superintendent's 1,539
supervision, certify to the state board of education the average 1,540
daily membership of all handicapped children in classes or 1,541
programs approved annually by the state board of education, in 1,542
the manner prescribed by the superintendent of public 1,543
instruction.
(b) The superintendent of an institution with vocational 1,546
education units approved under division (A) of section 3317.05 of 1,547
the Revised Code shall, for the units under the superintendent's 1,549
supervision, certify to the state board of education the average 1,550
daily membership in those units, in the manner prescribed by the 1,551
superintendent of public instruction. 1,552
(2) The superintendent of each county MR/DD board that 1,554
maintains special education classes or units approved by the 1,555
state board of education pursuant to section 3317.05 of the 1,557
Revised Code shall do both of the following: 1,558
(a) Certify to the state board, in the manner prescribed 1,561
by the board, the average daily membership in classes and units 1,562
approved under division (D)(1) of section 3317.05 of the Revised 1,563
Code for each school district that has placed children in the 1,564
classes or units;
37
(b) Certify to the state board, in the manner prescribed 1,566
by the board, the number of all handicapped preschool children 1,567
enrolled as of the first day of December in classes eligible for 1,568
approval under division (B) of section 3317.05 of the Revised 1,570
Code, and the number of those classes. 1,571
(3)(a) If during the first full school week in February 1,573
the average daily membership of the classes or units maintained 1,574
by the county MR/DD board that are eligible for approval under 1,575
division (D)(1) of section 3317.05 of the Revised Code is greater 1,577
than the average daily membership for the preceding October, the 1,578
superintendent of the board shall make the certifications 1,579
required by this section for such week. 1,580
(b) If on the first school day of April the number of 1,583
classes or units maintained for handicapped preschool children by 1,585
the county MR/DD board that are eligible for approval under 1,586
division (B) of section 3317.05 of the Revised Code is greater 1,587
than the number of units approved for the year under that 1,588
division, the superintendent shall make the certification 1,590
required by this section for that day.
(c) If the state board determines that additional classes 1,592
or units can be approved for the fiscal year within any 1,594
limitations set forth in the acts appropriating moneys for the 1,595
funding of the classes and units described in division (G)(3)(a) 1,596
or (b) of this section, the board shall approve and fund 1,598
additional units for the fiscal year on the basis of such average 1,599
daily membership. For each unit so approved, the department of 1,600
education shall pay an amount computed in the manner prescribed 1,601
in sections 3317.161 and 3317.162 of the Revised Code. 1,602
(H) Except as provided in division (I) of this section, 1,605
when any city, local, or exempted village school district 1,606
provides instruction for a nonresident pupil whose attendance is 1,607
unauthorized attendance as defined in section 3327.06 of the 1,608
Revised Code, that pupil's membership shall not be included in 1,609
that district's membership figure used in the calculation of that 1,610
38
district's formula ADM or included in the determination of any 1,611
unit approved for the district under section 3317.05 of the 1,612
Revised Code. The reporting official shall report separately the 1,613
average daily membership of all pupils whose attendance in the 1,614
district is unauthorized attendance, and the membership of each 1,615
such pupil shall be credited to the school district in which the 1,616
pupil is entitled to attend school under division (B) of section 1,617
3313.64 or section 3313.65 of the Revised Code as determined by 1,618
the department of education. 1,619
(I)(1) A city, local, exempted village, or joint 1,621
vocational school district admitting a scholarship student of a 1,624
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 1,625
average daily membership.
(2) In any year for which funds are appropriated for pilot 1,627
project scholarship programs, a school district implementing a 1,628
state-sponsored pilot project scholarship program that year 1,629
pursuant to sections 3313.974 through 3313.979 of the Revised 1,631
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 1,633
scholarship to attend kindergarten in any alternative school, as 1,634
defined in division (A)(9) of section 3313.974 of the Revised 1,635
Code;
(b) All children who were enrolled in the district in the 1,637
preceding year who are utilizing a scholarship to attend any such 1,638
alternative school. 1,639
(J) The superintendent of each cooperative education 1,641
school district shall certify to the superintendent of public 1,642
instruction, in a manner prescribed by the state board of 1,643
education, the applicable average daily memberships for all 1,644
students in the cooperative education district, also indicating 1,645
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the 1,646
Revised Code. 1,647
39
Sec. 3701.01. As used in sections 3701.01, 3701.04, 1,656
3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code: 1,658
(A) "The federal act" means Title VI of the "Public Health 1,660
Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended. 1,661
(B) "The surgeon general" means the surgeon general of the 1,663
public health service of the United States or such other officer 1,664
or employee of the United States responsible for administration 1,665
of the federal act. 1,666
(C) "Hospital" includes public health centers and general, 1,668
tuberculosis, mental, chronic disease, and other types of 1,669
hospitals, and related facilities, such as laboratories, 1,670
outpatient departments, nurses' home facilities, extended care 1,671
facilities, self-care units, and central service facilities 1,672
operated in connection with hospitals, and also includes 1,673
education and training facilities for health professions 1,674
personnel operated as an integral part of a hospital, but does 1,675
not include any hospital furnishing primarily domiciliary care. 1,676
(D) "Public health center" means a publicly owned facility 1,678
for the housing of the public health services of a community and 1,679
one which makes available equipment to aid physicians in the 1,680
prevention, diagnosis, and treatment of disease. 1,681
(E) "Nonprofit hospital," or "nonprofit" as applied to a 1,683
facility, means any hospital or facility owned and operated by 1,684
one or more nonprofit corporations or associations no part of the 1,685
net earnings of which inures, or may lawfully inure, to the 1,686
benefit of any private shareholder or individual. 1,687
(F) "Medical facilities" means outpatient facilities, 1,689
rehabilitation facilities, and facilities for long-term care, 1,690
including nursing homes, as those terms are defined in the 1,691
federal act, and such other facilities for which federal aid may 1,692
be authorized under the federal act. 1,693
Sec. 3701.14. (A) The director of health shall make 1,702
inquiry as to the cause of disease, especially when contagious, 1,703
infectious, epidemic, or endemic, and take prompt action to 1,704
40
control and suppress it. The reports of births and deaths, the 1,705
sanitary conditions and effects of localities and employments, 1,706
the personal and business habits of the people, and the relation 1,707
of the diseases of man and beast, shall be subjects of study by 1,708
the director. The director may make and execute orders necessary 1,709
to protect the people against diseases of lower animals, and 1,710
shall collect and preserve information in respect to such matters 1,711
and kindred subjects as may be useful in the discharge of the 1,712
director's duties, and for dissemination among the people. When 1,714
called upon by the state or local governments, or the board of 1,715
health of a general or city health district, the director shall 1,716
promptly investigate and report upon the water supply, sewerage, 1,718
disposal of excreta of any locality, and the heating, plumbing, 1,719
and ventilation of a public building. 1,720
The (B) WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY: 1,722
(1) THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY 1,724
COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED 1,725
CODE;
(2) THE director shall maintain registries of hospitals, 1,727
clinics, physicians, or other care providers to whom the director 1,729
shall refer persons who make inquiries to the department of 1,730
health regarding possible exposure to tuberculosis; 1,731
(3) THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE 1,733
ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF 1,735
EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF 1,736
TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION 1,737
OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS; 1,738
(4) THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO 1,741
RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;
(5) THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS 1,744
TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE 1,745
SPECIFIED BY THE DIRECTOR. EACH TUBERCULOSIS CONSULTANT SHALL 1,746
ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND 1,747
SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND 1,748
41
OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN TUBERCULOSIS 1,749
CONTROL ACTIVITIES AND FOR REVIEWING MEDICAL RECORDS PERTAINING 1,750
TO THE TREATMENT PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS. 1,751
(6) THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES 1,754
ESTABLISHING STANDARDS FOR THE FOLLOWING:
(a) PERFORMING TUBERCULOSIS SCREENINGS; 1,756
(b) PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN 1,758
EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF 1,759
HAVING TUBERCULOSIS; 1,760
(c) PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS; 1,762
(d) METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE 1,764
TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS; 1,765
(e) PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND 1,767
STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS; 1,768
(f) SELECTING LABORATORIES THAT PROVIDE IN A TIMELY 1,770
FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS. THE 1,771
STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE 1,772
GIVEN TO LABORATORIES LOCATED IN THIS STATE. 1,773
THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. 1,776
OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY 1,777
RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE 1,778
UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION OR BY 1,779
THE AMERICAN THORACIC SOCIETY. THE RULES SHALL APPLY TO COUNTY 1,780
OR DISTRICT TUBERCULOSIS CONTROL UNITS, PHYSICIANS WHO EXAMINE 1,781
AND TREAT INDIVIDUALS FOR TUBERCULOSIS, AND LABORATORIES THAT 1,782
PERFORM TESTS FOR TUBERCULOSIS. 1,783
Sec. 3702.62. (A) Any action pursuant to section 140.03, 1,792
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 1,793
339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31, 1,794
339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15, 1,796
513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28, 1,797
749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in 1,798
accordance with sections 3702.51 to 3702.61 of the Revised Code. 1,799
(B) A nursing home certified as an intermediate care 1,801
42
facility for the mentally retarded under Title XIX of the "Social 1,802
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,803
that is required to apply for licensure as a residential facility 1,804
under section 5123.19 of the Revised Code is not, with respect to 1,805
the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 1,806
to 3702.61 of the Revised Code. 1,807
Sec. 3727.01. As used in this section, "health maintenance 1,816
organization" means a public or private organization organized 1,817
under the law of any state that is qualified under section 1,818
1310(d) of Title XIII of the "Public Health Service Act," 87 1,819
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the 1,820
following: 1,821
(A) Provides or otherwise makes available to enrolled 1,823
participants health care services including at least the 1,824
following basic health care services: usual physician services, 1,825
hospitalization, laboratory, x-ray, emergency and preventive 1,826
service, and out-of-area coverage; 1,827
(B) Is compensated, except for copayments, for the 1,829
provision of basic health care services to enrolled participants 1,830
by a payment that is paid on a periodic basis without regard to 1,831
the date the health care services are provided and that is fixed 1,832
without regard to the frequency, extent, or kind of health 1,833
service actually provided; 1,834
(C) Provides physician services primarily in either of the 1,836
following ways: 1,837
(1) Directly through physicians who are either employees 1,839
or partners of the organization; 1,840
(2) Through arrangements with individual physicians or one 1,842
or more groups of physicians organized on a group-practice or 1,843
individual-practice basis. 1,844
As used in this chapter, "hospital" means an institution 1,846
classified as a hospital under section 3701.07 of the Revised 1,847
Code in which are provided to inpatients diagnostic, medical, 1,848
43
surgical, obstetrical, psychiatric, or rehabilitation care for a 1,849
continuous period longer than twenty-four hours; a tuberculosis 1,850
hospital; or a hospital operated by a health maintenance 1,851
organization. "Hospital" does not include a facility licensed 1,852
under Chapter 3721. of the Revised Code, a health care facility 1,853
operated by the department of mental health or the department of 1,854
mental retardation and developmental disabilities, a health 1,855
maintenance organization that does not operate a hospital, the 1,856
office of any private licensed health care professional, whether 1,857
organized for individual or group practice, or a clinic that 1,858
provides ambulatory patient services and where patients are not 1,859
regularly admitted as inpatients. "Hospital" also does not 1,860
include an institution for the sick that is operated exclusively 1,862
for patients who use spiritual means for healing and for whom the 1,863
acceptance of medical care is inconsistent with their religious 1,864
beliefs, accredited by a national accrediting organization,
exempt from federal income taxation under section 501 of the 1,865
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as 1,867
amended, and providing twenty-four hour nursing care pursuant to 1,868
the exemption in division (G) of section 4723.32 of the Revised 1,869
Code from the licensing requirements of Chapter 4723. of the 1,870
Revised Code.
Sec. 5705.01. As used in this chapter: 1,878
(A) "Subdivision" means any county; municipal corporation; 1,880
township; township police district; township fire district; joint 1,881
fire district; joint ambulance district; joint emergency medical 1,882
services district; fire and ambulance district; joint recreation 1,883
district; township waste disposal district; township road 1,884
district; community college district; technical college district; 1,885
detention home district; a district organized under section 1,886
2151.65 of the Revised Code; a combined district organized under 1,887
sections 2151.34 and 2151.65 of the Revised Code; a joint-county 1,888
alcohol, drug addiction, and mental health service district; a 1,889
drainage improvement district created under section 6131.52 of 1,890
44
the Revised Code; a union cemetery district; a county school 1,891
financing district; or a city, local, exempted village, 1,892
cooperative education, or joint vocational school district. 1,893
(B) "Municipal corporation" means all municipal 1,895
corporations, including those that have adopted a charter under 1,896
Article XVIII, Ohio Constitution. 1,897
(C) "Taxing authority" or "bond issuing authority" means, 1,899
in the case of any county, the board of county commissioners; in 1,900
the case of a municipal corporation, the council or other 1,901
legislative authority of the municipal corporation; in the case 1,902
of a city, local, exempted village, cooperative education, or 1,903
joint vocational school district, the board of education; in the 1,904
case of a community college district, the board of trustees of 1,905
the district; in the case of a technical college district, the 1,906
board of trustees of the district; in the case of a detention 1,907
home district, a district organized under section 2151.65 of the 1,908
Revised Code, or a combined district organized under sections 1,909
2151.34 and 2151.65 of the Revised Code, the joint board of 1,910
county commissioners of the district; in the case of a township, 1,911
the board of township trustees; in the case of a joint fire 1,912
district, the board of fire district trustees; in the case of a 1,913
joint recreation district, the joint recreation district board of 1,914
trustees; in the case of a joint-county alcohol, drug addiction, 1,915
and mental health service district, the district's board of 1,916
alcohol, drug addiction, and mental health services; in the case 1,917
of a joint ambulance district or a fire and ambulance district, 1,918
the board of trustees of the district; in the case of a union 1,920
cemetery district, the legislative authority of the municipal 1,921
corporation and the board of township trustees, acting jointly as 1,922
described in section 759.341 of the Revised Code; in the case of 1,923
a drainage improvement district, the board of county 1,924
commissioners of the county in which the drainage district is 1,925
located; in the case of a joint emergency medical services 1,926
district, the joint board of county commissioners of all counties 1,927
45
in which all or any part of the district lies; and in the case of 1,928
a township police district, a township fire district, a township 1,929
road district, or a township waste disposal district, the board 1,930
of township trustees of the township in which the district is 1,931
located. "Taxing authority" also means the educational service 1,932
center governing board that serves as the taxing authority of a 1,933
county school financing district as provided in section 3311.50 1,934
of the Revised Code. 1,935
(D) "Fiscal officer" in the case of a county, means the 1,937
county auditor; in the case of a municipal corporation, the city 1,938
auditor or village clerk, or such officer as, by virtue of the 1,939
charter, has the duties and functions of the city auditor or 1,940
village clerk, except that in the case of a municipal university 1,941
the board of directors of which have assumed, in the manner 1,942
provided by law, the custody and control of the funds of the 1,943
university, the chief accounting officer of the university shall 1,944
perform, with respect to the funds, the duties vested in the 1,945
fiscal officer of the subdivision by sections 5705.41 and 5705.44 1,946
of the Revised Code; in the case of a school district, the 1,947
treasurer of the board of education; in the case of a county 1,948
school financing district, the treasurer of the educational 1,949
service center governing board that serves as the taxing 1,951
authority; in the case of a township, the township clerk; in the 1,952
case of a joint fire district, the clerk of the board of fire 1,953
district trustees; in the case of a joint ambulance district, the 1,954
clerk of the board of trustees of the district; in the case of a 1,955
joint emergency medical services district, the person appointed 1,956
as fiscal officer pursuant to division (D) of section 307.053 of 1,957
the Revised Code; in the case of a fire and ambulance district, 1,958
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 1,959
recreation district, the person designated pursuant to section 1,960
755.15 of the Revised Code; in the case of a union cemetery 1,961
district, the clerk of the municipal corporation designated in 1,962
46
section 759.34 of the Revised Code; in the case of a children's 1,963
home district, tuberculosis hospital district, educational 1,964
service center, general health district, joint-county alcohol, 1,966
drug addiction, and mental health service district, county 1,967
library district, detention home district, district organized 1,968
under section 2151.65 of the Revised Code, a combined district 1,969
organized under sections 2151.34 and 2151.65 of the Revised Code, 1,970
or a metropolitan park district for which no treasurer has been 1,971
appointed pursuant to section 1545.07 of the Revised Code, the 1,972
county auditor of the county designated by law to act as the 1,973
auditor of the district; in the case of a metropolitan park 1,974
district which has appointed a treasurer pursuant to section 1,975
1545.07 of the Revised Code, that treasurer; in the case of a 1,976
drainage improvement district, the auditor of the county in which 1,977
the drainage improvement district is located; and in all other 1,978
cases, the officer responsible for keeping the appropriation 1,979
accounts and drawing warrants for the expenditure of the moneys 1,980
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 1,982
property, asset, or improvement with an estimated life or 1,983
usefulness of five years or more, including land and interests 1,984
therein, and reconstructions, enlargements, and extensions 1,985
thereof having an estimated life or usefulness of five years or 1,986
more. 1,987
(F) "Current operating expenses" and "current expenses" 1,989
mean the lawful expenditures of a subdivision, except those for 1,990
permanent improvements, and except payments for interest, sinking 1,991
fund, and retirement of bonds, notes, and certificates of 1,992
indebtedness of the subdivision. 1,993
(G) "Debt charges" means interest, sinking fund, and 1,995
retirement charges on bonds, notes, or certificates of 1,996
indebtedness. 1,997
(H) "Taxing unit" means any subdivision or other 1,999
governmental district having authority to levy taxes on the 2,000
47
property in the district or issue bonds that constitute a charge 2,001
against the property of the district, including conservancy 2,002
districts, metropolitan park districts, sanitary districts, road 2,003
districts, and other districts. 2,004
(I) "District authority" means any board of directors, 2,006
trustees, commissioners, or other officers controlling a district 2,007
institution or activity that derives its income or funds from two 2,008
or more subdivisions, such as the educational service center, the 2,010
trustees of district tuberculosis hospitals and district 2,011
children's homes, the district board of health, a joint-county 2,012
alcohol, drug addiction, and mental health service district's 2,013
board of alcohol, drug addiction, and mental health services, 2,014
detention home districts, a joint recreation district board of 2,015
trustees, districts organized under section 2151.65 of the 2,016
Revised Code, combined districts organized under sections 2151.34 2,017
and 2151.65 of the Revised Code, and other such boards. 2,018
(J) "Tax list" and "tax duplicate" mean the general tax 2,020
lists and duplicates prescribed by sections 319.28 and 319.29 of 2,021
the Revised Code. 2,022
(K) "Property" as applied to a tax levy means taxable 2,024
property listed on general tax lists and duplicates. 2,025
(L) "School library district" means a school district in 2,027
which a free public library has been established that is under 2,028
the control and management of a board of library trustees as 2,029
provided in section 3375.15 of the Revised Code. 2,030
Sec. 5705.191. The taxing authority of any subdivision, 2,039
other than the board of education of a school district or the 2,040
taxing authority of a county school financing district, by a vote 2,041
of two-thirds of all its members, may declare by resolution that 2,042
the amount of taxes that may be raised within the ten-mill 2,043
limitation by levies on the current tax duplicate will be 2,044
insufficient to provide an adequate amount for the necessary 2,045
requirements of the subdivision, and that it is necessary to levy 2,046
a tax in excess of such limitation for any of the purposes in 2,047
48
section 5705.19 of the Revised Code, or to supplement the general 2,048
fund for the purpose of making appropriations for one or more of 2,049
the following purposes: public assistance, human or social 2,050
services, relief, welfare, hospitalization, health, and support 2,051
of general or tuberculosis hospitals, and that the question of 2,052
such additional tax levy shall be submitted to the electors of 2,053
the subdivision at a general, primary, or special election to be 2,054
held at a time therein specified. Such resolution shall not 2,055
include a levy on the current tax list and duplicate unless such 2,056
election is to be held at or prior to the general election day of 2,057
the current tax year. Such resolution shall conform to the 2,059
requirements of section 5705.19 of the Revised Code, except that 2,060
a levy to supplement the general fund for the purposes of public 2,061
assistance, human or social services, relief, welfare, 2,062
hospitalization, health, or the support of general or 2,063
tuberculosis hospitals may not be for a longer period than ten 2,064
years. All other levies under this section may not be for a 2,065
longer period than five years unless a longer period is permitted 2,066
by section 5705.19 of the Revised Code, and the resolution shall 2,067
specify the date of holding such election, which shall not be 2,068
earlier than seventy-five days after the adoption and 2,069
certification of such resolution. The resolution shall go into 2,070
immediate effect upon its passage and no publication of the same 2,071
is necessary other than that provided for in the notice of 2,072
election. A copy of such resolution, immediately after its 2,073
passage, shall be certified to the board of elections of the 2,074
proper county or counties in the manner provided by section 2,075
5705.25 of the Revised Code, and such section shall govern the 2,076
arrangements for the submission of such question and other 2,077
matters with respect to such election, to which section 5705.25 2,078
of the Revised Code refers, excepting that such election shall be 2,079
held on the date specified in the resolution, which shall be 2,080
consistent with the requirements of section 3501.01 of the 2,081
Revised Code, provided that only one special election for the
49
submission of such question may be held in any one calendar year 2,082
and provided that a special election may be held upon the same 2,083
day a primary election is held. Publication of notice of such 2,084
election shall be made in one or more newspapers of general 2,085
circulation in the county once a week for four consecutive weeks. 2,086
If a majority of the electors voting on the question vote 2,088
in favor thereof, the taxing authority of the subdivision may 2,090
make the necessary levy within such subdivision at the additional 2,091
rate or at any lesser rate outside the ten-mill limitation on the 2,092
tax list and duplicate for the purpose stated in the resolution. 2,093
Such tax levy shall be included in the next annual tax budget 2,094
that is certified to the county budget commission. 2,095
After the approval of such a levy by the electors, the 2,099
taxing authority of the subdivision may anticipate a fraction of 2,101
the proceeds of such levy and issue anticipation notes. In the 2,102
case of a continuing levy that is not levied for the purpose of
current expenses, notes may be issued at any time after approval 2,103
of the levy in an amount not more than fifty per cent of the 2,105
total estimated proceeds of the levy for the succeeding ten 2,106
years, less an amount equal to the fraction of the proceeds of 2,107
the levy previously anticipated by the issuance of anticipation 2,109
notes. In the case of a levy for a fixed period that is not for 2,110
the purpose of current expenses, notes may be issued at any time 2,111
after approval of the levy in an amount not more than fifty per 2,112
cent of the total estimated proceeds of the levy throughout the 2,113
remaining life of the levy, less an amount equal to the fraction 2,114
of the proceeds of the levy previously anticipated by the 2,115
issuance of anticipation notes. In the case of a levy for 2,116
current expenses, notes may be issued after the approval of the 2,117
levy by the electors and prior to the time when the first tax 2,118
collection from the levy can be made. Such notes may be issued 2,119
in an amount not more than fifty per cent of the total estimated 2,120
proceeds of the levy throughout the term of the levy in the case 2,121
of a levy for a fixed period, or fifty per cent of the total 2,122
50
estimated proceeds for the first ten years of the levy in the 2,123
case of a continuing levy.
No anticipation notes that increase the net indebtedness of 2,126
a county may be issued without the prior consent of the board of 2,127
county commissioners of that county. The notes shall be issued 2,128
as provided in section 133.24 of the Revised Code, shall have 2,129
principal payments during each year after the year of their 2,130
issuance over a period not exceeding the life of the levy 2,131
anticipated, and may have a principal payment in the year of 2,132
their issuance.
"Taxing authority" and "subdivision" have the same meanings 2,134
as in section 5705.01 of the Revised Code. 2,135
This section is supplemental to and not in derogation of 2,137
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 2,138
Sec. 5705.20. The board of county commissioners of any 2,147
county, in any year, after providing the normal and customary 2,148
percentage of the total general fund appropriations for the 2,149
support of tuberculosis hospitals, or for the care, treatment, 2,150
and maintenance of residents of the county who are suffering from 2,151
tuberculosis at hospitals with which the board has contracted 2,152
pursuant to section 339.20 THE TUBERCULOSIS TREATMENT SPECIFIED 2,153
UNDER SECTION 339.73 of the Revised Code, or for the support of 2,155
tuberculosis clinics established pursuant to section 339.36 or 2,156
section 339.39 339.76 of the Revised Code, by vote of two-thirds 2,158
of all the members of said board may declare by resolution that 2,159
the amount of taxes which may be raised within the ten-mill 2,160
limitation will be insufficient to provide an adequate amount for 2,161
the THAT support of tuberculosis hospitals, or for the care, 2,163
treatment, and maintenance of residents of the county who are 2,164
suffering from tuberculosis at hospitals with which the board has 2,165
contracted pursuant to such section, or for the support of 2,166
tuberculosis clinics established pursuant to such sections, and 2,167
that it is necessary to levy a tax in excess of the ten-mill
limitation to supplement such general fund appropriations for 2,168
51
such purpose, but the total levy for this purpose shall not 2,169
exceed sixty-five one hundredths of a mill. 2,170
Such resolution shall conform to section 5705.19 of the 2,172
Revised Code and be certified to the board of elections not less 2,173
than seventy-five days before the general election and submitted 2,174
in the manner provided in section 5705.25 of the Revised Code. 2,175
If the majority of electors voting on a levy to supplement 2,177
general fund appropriations for the support of tuberculosis 2,178
hospitals, or for the care, treatment, and maintenance of 2,179
residents of the county who are suffering from tuberculosis at 2,180
hospitals with which the board has contracted pursuant to section 2,181
339.20 THE TUBERCULOSIS TREATMENT SPECIFIED UNDER SECTION 339.73 2,183
of the Revised Code, or for the support of tuberculosis clinics 2,184
established pursuant to section 339.36 or 339.39 339.76 of the 2,185
Revised Code, vote in favor thereof, the board of said county may 2,186
levy a tax within such county at the additional rate in excess of 2,187
the ten-mill limitation during the period and for the purpose 2,188
stated in the resolution or at any less rate or for any of said 2,189
years. 2,190
IF A TAX WAS LEVIED UNDER THIS SECTION FOR THE SUPPORT OF 2,192
TUBERCULOSIS CLINICS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT, 2,193
THE LEVY MAY BE RENEWED FOR THAT PURPOSE ON OR AFTER THE 2,194
EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH SECTION 2,195
5705.25 OF THE REVISED CODE.
Sec. 5705.25. (A) A copy of any resolution adopted as 2,204
provided in section 5705.19 of the Revised Code shall be 2,205
certified by the taxing authority to the board of elections of 2,206
the proper county not less than seventy-five days before the 2,207
general election in any year, and the board shall submit the 2,208
proposal to the electors of the subdivision at the succeeding 2,209
November election. Except as otherwise provided in this 2,210
division, a resolution to renew an existing levy, regardless of 2,211
the section of the Revised Code under which the tax was imposed, 2,212
shall not be placed on the ballot unless the question is 2,213
52
submitted at the general election held during the last year the 2,214
tax to be renewed or replaced may be extended on the real and 2,215
public utility property tax list and duplicate, or at any 2,216
election held in the ensuing year. The limitation of the 2,217
foregoing sentence does not apply to a resolution to renew and 2,219
increase or to renew part of an existing levy that was imposed 2,220
under section 5705.191 of the Revised Code to supplement the 2,221
general fund for the purpose of making appropriations for one or 2,222
more of the following purposes: for public assistance, human or 2,223
social services, relief, welfare, hospitalization, health, and 2,224
support of general or tuberculosis hospitals. The limitation of 2,226
the second preceding sentence also does not apply to a resolution 2,227
that proposes to renew two or more existing levies imposed under 2,228
section 5705.21 of the Revised Code, in which case the question 2,229
shall be submitted on the date of the general or primary election 2,230
held during the last year at least one of the levies to be
renewed may be extended on the real and public utility property 2,231
tax list and duplicate, or at any election held during the 2,232
ensuing year. For purposes of this section, a levy shall be 2,233
considered to be an "existing levy" through the year following 2,234
the last year it can be placed on that tax list and duplicate. 2,235
The board shall make the necessary arrangements for the 2,238
submission of such questions to the electors of such subdivision, 2,239
and the election shall be conducted, canvassed, and certified in 2,240
the same manner as regular elections in such subdivision for the 2,241
election of county officers. Notice of the election shall be 2,242
published in a newspaper of general circulation in the 2,243
subdivision once a week for four consecutive weeks prior to the 2,244
election, stating the purpose, the proposed increase in rate, 2,245
expressed in dollars and cents for each one hundred dollars of 2,246
valuation as well as in mills for each one dollar of valuation, 2,247
the number of years during which the increase will be in effect, 2,248
the first month and year in which the tax will be levied, and the 2,250
time and place of the election.
53
(B) The form of the ballots cast at an election held 2,252
pursuant to division (A) of this section shall be as follows: 2,253
"An additional tax for the benefit of (name of subdivision 2,255
or public library) .......... for the purpose of (purpose stated 2,256
in the resolution) .......... at a rate not exceeding ...... 2,257
mills for each one dollar of valuation, which amounts to (rate 2,258
expressed in dollars and cents) ............ for each one hundred 2,259
dollars of valuation, for ...... (life of indebtedness or number 2,260
of years the levy is to run). 2,261
2,263
For the Tax Levy 2,264
2,265
Against the Tax Levy 2,266
" 2,267
(C) If the levy is to be in effect for a continuing period 2,270
of time, the notice of election and the form of ballot shall so 2,271
state instead of setting forth a specified number of years for 2,272
the levy. 2,273
If the tax is to be placed on the current tax list, the 2,275
form of the ballot shall be modified by adding, after the 2,276
statement of the number of years the levy is to run, the phrase 2,277
", commencing in .......... (first year the tax is to be levied), 2,279
first due in calendar year .......... (first calendar year in 2,280
which the tax shall be due)."
If the levy submitted is a proposal to renew, increase, or 2,282
decrease an existing levy, the form of the ballot specified in 2,283
division (B) of this section may be changed by substituting for 2,284
the words "An additional" at the beginning of the form, the words 2,286
"A renewal of a" in case of a proposal to renew an existing levy 2,287
in the same amount; the words "A renewal of ........ mills and an 2,288
increase of ...... mills to constitute a" in the case of an 2,289
increase; or the words "A renewal of part of an existing levy, 2,290
being a reduction of ...... mills, to constitute a" in the case 2,291
of a decrease in the proposed levy. 2,292
54
If the levy submitted is a proposal to renew two or more 2,294
existing levies imposed under section 5705.21 of the Revised 2,295
Code, the form of the ballot specified in division (B) of this 2,296
section shall be modified by substituting for the words "an 2,297
additional tax" the words "a renewal of ....(insert the number of 2,299
levies to be renewed) existing taxes."
The question covered by such resolution shall be submitted 2,301
as a separate proposition but may be printed on the same ballot 2,302
with any other proposition submitted at the same election, other 2,303
than the election of officers. More than one such question may 2,304
be submitted at the same election. 2,305
(D) A levy voted in excess of the ten-mill limitation 2,307
under this section shall be certified to the tax commissioner. 2,308
In the first year of the levy, it shall be extended on the tax 2,310
lists after the February settlement succeeding the election. If 2,311
the additional tax is to be placed upon the tax list of the 2,312
current year, as specified in the resolution providing for its 2,313
submission, the result of the election shall be certified 2,314
immediately after the canvass by the board of elections to the 2,315
taxing authority, who shall make the necessary levy and certify 2,316
it to the county auditor, who shall extend it on the tax lists 2,317
for collection. After the first year, the tax levy shall be 2,318
included in the annual tax budget that is certified to the county 2,319
budget commission.
Section 2. That existing sections 124.11, 329.05, 339.11, 2,321
339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55, 2,322
3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 2,323
5705.191, 5705.20, and 5705.25 and sections 339.20, 339.21, 2,325
339.22, 339.23, 339.231, 339.24, 339.25, 339.26, 339.27, 339.28, 2,326
339.29, 339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 2,327
339.37, 339.40, 339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 2,329
339.52, 339.53, 339.54, 339.55, 339.56, 339.57, 339.58, 339.59, 2,331
339.60, 339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, 2,332
and 3707.11 of the Revised Code are hereby repealed. 2,333
55
Section 3. Section 5705.01 of the Revised Code is 2,335
presented in this act as a composite of the section as amended by 2,336
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 2,337
Assembly, with the new language of neither of the acts shown in 2,339
capital letters. This is in recognition of the principle stated 2,340
in division (B) of section 1.52 of the Revised Code that such 2,341
amendments are to be harmonized where not substantively 2,342
irreconcilable and constitutes a legislative finding that such is 2,343
the resulting version in effect prior to the effective date of 2,344
this act.