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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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;                                                               

                                                          7      


                                                                 
      (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          

                                                          8      


                                                                 
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                 

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
      (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          

                                                          15     


                                                                 
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.