As Passed by the House*                       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-TIBERI-FLANNERY-VERICH-    9            

             ALLEN-WIDENER-O'BRIEN-AMSTUTZ-GRENDELL                10           


_________________________________________________________________   11           

                          A   B I L L                                           

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

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

                3313.55, 3313.71, 3317.03, 3701.01, 3701.14,       15           

                3702.62, 3727.01, 5705.01, 5705.191, 5705.20, and  16           

                5705.25; to amend, for the purpose of adopting     17           

                new section numbers as indicated in parentheses,                

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

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

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

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

                339.87, 339.88, and 339.89; and to repeal                       

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

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

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

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

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

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

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

                3701.84, and 3707.11 of the Revised Code with                   

                regard to the treatment of tuberculosis.           31           




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

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

339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,                       

3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01,     37           

                                                          2      


                                                                 
5705.191, 5705.20, and 5705.25 be amended; sections 339.38         40           

(339.75), 339.39 (339.76), 339.42 (339.74), and 339.43 (339.77)    41           

be amended for the purpose of adopting new section numbers as      42           

indicated in parentheses; and sections 339.71, 339.72, 339.73,     44           

339.78, 339.79, 339.80, 339.81, 339.82, 339.83, 339.84, 339.85,    45           

339.86, 339.87, 339.88, and 339.89 of the Revised Code be enacted  46           

to read as follows:                                                             

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

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

districts, general health districts, and city school districts     57           

thereof shall be divided into the unclassified service and the     58           

classified service.                                                59           

      (A)  The unclassified service shall comprise the following   61           

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

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

chapter:                                                           64           

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

appointed to fill vacancies in such offices;                       67           

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

the Revised Code;                                                  70           

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

of principal departments, boards, and commissions appointed by     73           

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

members of all boards and commissions and all heads of             75           

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

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

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

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

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

civil service townships from the competitive classified service;   81           

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

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

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

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

                                                          3      


                                                                 
employees of the city legislative authority as are engaged in      88           

legislative duties;                                                89           

      (6)  All commissioned, warrant, and noncommissioned          91           

officers and enlisted persons in the Ohio organized militia,       93           

including military appointees in the adjutant general's            95           

department;                                                                     

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

officers, superintendents, assistant superintendents, principals,  98           

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

as are engaged in educational or research duties connected with    100          

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

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

colleges, and universities;                                        103          

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

supported wholly or in part at public expense.                     106          

      (8)  Four clerical and administrative support employees for  108          

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

administrative support employees for other elective officers and   110          

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

commissions, except for civil service commissions, that are        112          

authorized to appoint such clerical and administrative support     113          

employees;                                                         114          

      (9)  The deputies and assistants of state agencies           116          

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

fiduciary or administrative relation to that agency and those      118          

persons employed by and directly responsible to elected county     119          

officials or a county administrator and holding a fiduciary or     120          

administrative relationship to such elected county officials or    121          

county administrator, and the employees of such county officials   122          

whose fitness would be impracticable to determine by competitive   124          

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

not affect those persons in county employment in the classified    126          

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

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

                                                          4      


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

Revised Code.                                                      131          

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

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

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

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

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

pleas as the director of administrative services finds it          138          

impracticable to determine their fitness by competitive            139          

examination;                                                       140          

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

appointed or employed by the attorney general, assistants to       143          

county prosecuting attorneys, and assistants to city directors of  144          

law;                                                               145          

      (12)  Such teachers and employees in the agricultural        147          

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

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

political subdivision of the state in student or intern            150          

classifications; and such unskilled labor positions as the         151          

director of administrative services or any municipal civil         152          

service commission may find it impracticable to include in the     153          

competitive classified service; provided such exemptions shall be  154          

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

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

each such exemption;                                               157          

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

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

retardation and developmental disabilities or of an institution    161          

under the jurisdiction of either department; and physicians who    162          

are in residency programs at the institutions;                     163          

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

jurisdiction of the department of mental health or the department  166          

of mental retardation and developmental disabilities that the      167          

department director determines to be primarily administrative or   168          

                                                          5      


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

department, excluding administrative assistants to the director    170          

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

division chief and which the director determines to be primarily   172          

and distinctively administrative and managerial;                   173          

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

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

duly licensed to practice their respective professions under the   177          

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

chronic disease hospitals, or institutions;                        179          

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

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

townships appointed by boards of township trustees under section   184          

505.38 or 505.49 of the Revised Code;                              185          

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

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

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

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

program directors;                                                 191          

      (19)  Superintendents, and management employees as defined   193          

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

mental retardation and developmental disabilities;                 195          

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

hospital who are appointed pursuant to sections 339.03 and 339.06  198          

of the Revised Code;                                               199          

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

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

the Revised Code;                                                  203          

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

provided in section 329.02 of the Revised Code and administrators  207          

appointed under section 329.021 of the Revised Code;               208          

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

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

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

                                                          6      


                                                                 
and maintenance, and of licensing and certification in the         214          

division of industrial compliance in the department of commerce;   215          

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

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

Code;                                                                           

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

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

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

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

workers' compensation, industrial commission, state lottery        224          

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

of that administrative department or of that other state agency    226          

determines to be involved in policy development and                227          

implementation.  The head of the administrative department or      228          

other state agency shall set the compensation for employees in     229          

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

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

maximum compensation specified in pay range 44 of salary schedule  231          

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

establish positions in the unclassified service under division     233          

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

other authority that an administrative department or state agency  236          

has under the Revised Code to establish positions, appoint                      

employees, or set compensation.                                    237          

      (27)  Employees of the department of agriculture employed    239          

under section 901.09 of the Revised Code;                          240          

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

health districts, general health districts, and city school        244          

districts, the deputies and assistants of elective or principal    245          

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

their principals or holding a fiduciary relation to their                       

principals;                                                        247          

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

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

                                                          7      


                                                                 
the Revised Code;                                                               

      (30)  Employees appointed to administrative staff positions  252          

for which an appointing authority is given specific statutory      253          

authority to set compensation;                                     254          

      (31)  Employees appointed to highway patrol cadet or         256          

highway patrol cadet candidate classifications.                    257          

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

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

health districts, general health districts, and city school        261          

districts thereof, not specifically included in the unclassified   262          

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

service township civil service commission, the classified service  264          

shall also comprise, except as otherwise provided in division      265          

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

civil service township police or fire departments having ten or    267          

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

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

class and the unskilled labor class.                               270          

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

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

districts, general health districts, and city school districts     274          

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

civil service township of a township civil service commission all  276          

positions in civil service township police or fire departments     277          

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

practicable to determine the merit and fitness of applicants by    279          

competitive examinations.  Appointments shall be made to, or       280          

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

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

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

director of administrative services, by appointment from those     284          

certified to the appointing officer in accordance with this        285          

chapter.                                                           286          

      (2)  The unskilled labor class shall include ordinary        288          

                                                          8      


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

by appointment from lists of applicants registered by the          290          

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

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

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

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

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

or employment for which application is made.  Laborers who         297          

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

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

given in employment in accordance with the rating received from    300          

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

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

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

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

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

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

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

time of application shall determine the order in which their       308          

names shall be certified for appointment.                          309          

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

commission may place volunteer firefighters who are paid on a      313          

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

unclassified civil service.                                        315          

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

unclassified service who have the right to resume positions in     318          

the classified service under sections 4121.121, 5119.071,          319          

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

5501.19 of the Revised Code.                                       321          

      An appointing authority whose employees are paid directly    324          

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

a certified position in the classified service within the          326          

appointing authority's agency to a position in the unclassified                 

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

                                                          9      


                                                                 
division to a position in the unclassified service shall retain                 

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

the classified service immediately prior to the person's                        

appointment to the position in the unclassified service,           332          

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

unclassified service.  Reinstatement to a position in the                       

classified service shall be to a position substantially equal to   335          

that position in the classified service held previously, as        337          

certified by the director of administrative services.  If the                   

position the person previously held in the classified service has  338          

been placed in the unclassified service or is otherwise            340          

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

classified service within the appointing authority's agency that   342          

the director of administrative services certifies is comparable                 

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

classified service.  Service in the position in the unclassified   345          

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

classified service held by the person immediately prior to the                  

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

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

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

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

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

position in the unclassified service.                              353          

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

services may administer or assist in administering any state or    364          

local family services activity in addition to those mentioned in   367          

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

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

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

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

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

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

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

                                                          10     


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

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

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

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

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

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

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

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

and shall exempt the other party from all further responsibility   384          

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

the life of the agreement.                                         386          

      Such agreement shall be coordinated and not conflict with a  388          

partnership agreement entered into under section 307.98, a         389          

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

cooperation entered into under section 307.983, a regional plan    392          

of cooperation entered into under section 307.984, a               393          

transportation work plan developed under section 307.985, or       395          

procedures for providing services to children whose families       397          

relocate frequently established under section 307.986 of the       398          

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

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

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

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

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

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

continue indefinitely.                                                          

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

family services to manage or control county or district            409          

tuberculosis or other hospitals, humane societies, detention       410          

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

service commissions.                                                            

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

INTO an agreement with one or more corporations or associations    422          

organized for charitable purposes or for the purpose of            423          

                                                          11     


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

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

and disabled, excepting INCLUDING INDIGENT persons afflicted with  425          

pulmonary RECEIVING THE tuberculosis, upon such TREATMENT          426          

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

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

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

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

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

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

not authorize the payment of public funds to a sectarian           434          

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

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

necessary and properly qualified employees to assist it in         438          

carrying out all responsibilities devolving upon such board by     439          

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

section.                                                                        

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

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

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

its employees or such employees and their immediate dependents     452          

the following types of fringe benefits:                            453          

      (A)  Group or individual insurance contracts which may       455          

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

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

and related coverage or any combination thereof;                   458          

      (B)  Group or individual contracts with health insuring      460          

corporations or other providers of professional services, care,    462          

or benefits duly authorized to do business in this state.                       

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

county or district tuberculosis hospital, may contract for,        465          

purchase, or otherwise procure insurance contracts which provide   466          

protection for the trustees and employees against liability,       467          

including professional liability, provided that this section or    468          

                                                          12     


                                                                 
any insurance contract issued pursuant to this section shall not   469          

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

of the hospital or county.                                         471          

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

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

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

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

the board of trustees with moneys made available by deduction      477          

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

salary or wage increase.                                           479          

      Notwithstanding sections 3917.01 and 3917.06 of the Revised  481          

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

authorized by this section by reason of payment of premiums        483          

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

life insurance may be issued and purchased if otherwise            485          

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

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

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

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

the Revised Code are not applicable with respect to hospital       498          

facilities and services provided for under leases or agreements    499          

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

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

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

thereunder.                                                        503          

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

requirements of sections 339.091 and 339.092 of the Revised Code   506          

apply to an initial agreement with a board of county               507          

commissioners, board of county hospital trustees, or county        508          

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

county hospital operated by a board of county hospital trustees    510          

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

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

amendment or renewal of such agreement.                            513          

                                                          13     


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

TO 339.89 OF THE REVISED CODE:                                     516          

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

DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC         520          

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

APPROPRIATE COURSE OF ANTITUBERCULOSIS MEDICATION, REGARDLESS OF   523          

THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES     524          

BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS.                    525          

      (B)  "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY OR   528          

LARYNGEAL TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH                        

EXAMINATION OF A CULTURE OF SPECIMENS OBTAINED FROM THE            530          

INDIVIDUAL'S RESPIRATORY TRACT, TO BE IN A STAGE AT WHICH IT CAN   531          

BE TRANSMITTED TO ANOTHER INDIVIDUAL.                              532          

      (C)  "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT   535          

AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.                               

      (D)  "LARYNGEAL TUBERCULOSIS" MEANS TUBERCULOSIS THAT        537          

AFFECTS THE LARYNX.                                                538          

      (E)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        541          

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND         542          

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       543          

      (F)  "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT        545          

AFFECTS THE LUNGS.                                                 546          

      (G)  "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING   549          

IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS:   550          

      (1)  MYCOBACTERIUM TUBERCULOSIS;                             552          

      (2)  MYCOBACTERIUM BOVIS;                                    554          

      (3)  MYCOBACTERIUM AFRICANUM.                                556          

      Sec. 339.72.  (A)  EACH BOARD OF COUNTY COMMISSIONERS SHALL  558          

PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL      559          

UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY       560          

ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY       561          

COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY     562          

DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT.  THE ENTITY        563          

DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT     564          

                                                          14     


                                                                 
MAY BE ANY OF THE FOLLOWING:                                       565          

      (1)  A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A    568          

BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO   569          

SECTION 3709.22 OF THE REVISED CODE;                                            

      (2)  A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT        571          

RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE;     573          

      (3)  A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY  576          

COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE;      577          

      (4)  A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES   580          

UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO  581          

SECTION 339.75 OF THE REVISED CODE.                                             

      (B)  THE ENTITY DESIGNATED UNDER DIVISION (A) OF THIS        583          

SECTION AS THE TUBERCULOSIS CONTROL UNIT SHALL ACCEPT THAT         584          

DESIGNATION AND FULFILL ITS DUTIES AS THE TUBERCULOSIS CONTROL     585          

UNIT SPECIFIED UNDER SECTIONS 339.71 TO 339.89 OF THE REVISED      586          

CODE.                                                                           

      Sec. 339.73.  EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL   588          

UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT IS MADE AVAILABLE    589          

TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE AREA        591          

SERVED BY THE UNIT.  IN MAKING TREATMENT AVAILABLE, THE                         

TUBERCULOSIS CONTROL UNIT MAY PROVIDE THE TREATMENT OR MAKE        592          

REFERRALS FOR RECEIPT OF TREATMENT FROM OTHER ENTITIES.  THE UNIT  593          

MAY MAKE REFERRALS FOR RECEIPT OF TEMPORARY HOUSING.               594          

      THE TUBERCULOSIS TREATMENT PROVIDED UNDER THIS SECTION IS    596          

LIMITED TO CASES OF ACTIVE TUBERCULOSIS AND INFECTED CONTACTS AND  597          

INCLUDES PROVISION OF ANTITUBERCULOSIS MEDICATION, CONDUCT OF AN   599          

INVESTIGATION UNDER SECTION 339.80 OF THE REVISED CODE, PROVISION               

OF APPROPRIATE FOLLOW-UP SERVICES FOR CONFIRMED AND SUSPECTED      600          

CASES OF ACTIVE TUBERCULOSIS, AND PROVISION OF SERVICES BY A       602          

PHYSICIAN THROUGH A COURSE OF THERAPY THAT MEETS THE STANDARDS     603          

FOR TUBERCULOSIS TREATMENT ESTABLISHED BY THE UNITED STATES        604          

CENTERS FOR DISEASE CONTROL AND PREVENTION OR THE AMERICAN         605          

THORACIC SOCIETY.                                                               

      THE TUBERCULOSIS CONTROL UNIT SHALL SERVE ALL RESIDENTS      607          

                                                          15     


                                                                 
WITHIN ITS JURISDICTION, REGARDLESS OF THE LENGTH OF TIME THAT     608          

THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S INCOME  609          

AND RESOURCES.  AN INDIVIDUAL WHO RECEIVES TUBERCULOSIS TREATMENT  610          

SHALL DISCLOSE TO THE TUBERCULOSIS CONTROL UNIT THE IDENTITY OF    611          

ANY THIRD PARTY AGAINST WHOM THE INDIVIDUAL HAS OR MAY HAVE A      612          

RIGHT OF RECOVERY FOR THE TREATMENT PROVIDED.  THE BOARD OF                     

COUNTY COMMISSIONERS IS THE PAYOR OF LAST RESORT FOR TUBERCULOSIS  613          

TREATMENT AND SHALL PAY FOR TREATMENT ONLY TO THE EXTENT THAT      614          

PAYMENT IS NOT MADE THROUGH THIRD-PARTY BENEFITS.                  615          

      Sec. 339.42 339.74.  The county commissioners of each        624          

county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall     625          

establish a TUBERCULOSIS record bureau, appoint a director         627          

thereof, and appoint such assistants as are required to keep and   628          

maintain adequate records with respect to all known cases of       630          

tuberculosis within the county.  The county commissioners may                   

delegate the authority to operate such bureau to a county or       631          

district tuberculosis hospital, a county tuberculosis clinic, a    632          

joint county tuberculosis clinic, or a city or general health      633          

district.  All tuberculosis hospitals, tuberculosis clinics,       634          

general and private hospitals and all boards of health shall                    

immediately report all cases of tuberculosis which are known to    635          

them to such record bureau, and they shall supply the bureau with  636          

such data with respect to such cases and with respect to the       637          

persons who live or work in close contact with such cases as it    638          

requests AREA SERVED BY THE UNIT.                                               

      Sec. 339.38 339.75.  The board of county commissioners of    647          

any county may contract with the board of trustees of a county or  648          

district tuberculosis HEALTH OF A CITY OR GENERAL HEALTH DISTRICT  649          

OR ANY hospital or with the director of health OTHER HEALTH CARE   651          

FACILITY for clinic services or for the care, treatment, and       652          

maintenance of residents of the county who are suffering from THE  653          

PROVISION OF THE tuberculosis TREATMENT SPECIFIED UNDER SECTION    654          

339.73 OF THE REVISED CODE.  The board of county commissioners of  655          

the county in which such patients reside shall pay to the board    656          

                                                          16     


                                                                 
of trustees of such county or district tuberculosis hospital, or   657          

to the treasurer of state, HEALTH OR HEALTH CARE FACILITY WITH     658          

WHICH IT CONTRACTS the amount provided in the contract.  They      660          

shall also pay for the transportation of patients and attendants.  661          

The board of county commissioners may also contract for the care   662          

and treatment of residents of the county suffering from            663          

tuberculosis with a general hospital, properly equipped both as    664          

to personnel and facilities for the care and treatment of          665          

tuberculosis, or with a person, firm, association, or corporation  666          

operating a hospital exclusively for the care and treatment of     667          

the tuberculous.  No contract shall be made unless such general    668          

or private hospital has been inspected and approved by the         669          

department of health. Such approval may be withdrawn and such      670          

contract shall be cancelled, if, in the judgment of the            671          

department, such general or private hospital is not properly       672          

managed.  If such approval is withdrawn, the person, firm,         673          

association, or corporation operating such institutions may        674          

appeal to the public health council for a decision.                675          

      Sec. 339.39 339.76.  The board of county commissioners of    684          

any county may establish and maintain one or more tuberculosis     685          

clinics in the county, AND may employ physicians, public health    686          

nurses, and other persons for the operation of such clinics or     687          

other means as are provided for the prevention, cure, and          688          

treatment of tuberculosis, and.  THE BOARD may provide by tax      690          

levies, or otherwise, the necessary funds for such clinics to be   691          

established, maintained, and operated.  Clinics so established     692          

shall be under the control of the board of county commissioners,   693          

and shall be supervised by a board of three trustees, similar in   694          

all respects to and with all the powers enjoyed by a board of      695          

trustees of a county tuberculosis hospital, or by a city or        696          

general district board of health within the county, as the board   697          

of county commissioners designates.                                698          

      The boards of county commissioners of two or more counties   700          

may join together to establish a joint county tuberculosis         701          

                                                          17     


                                                                 
clinic.  Clinics so established shall be under the control of the  702          

joint boards of county commissioners of the member counties and    703          

shall be supervised by a board of trustees, such board to consist  704          

of an equal number of trustees from each of the member counties,   705          

with all of the powers enjoyed by a board of trustees of a county  706          

tuberculosis hospital, or by a city or general health district     707          

board of health within the county where the clinic is located, as  708          

the member boards of county commissioners shall designate.  The    709          

cost of the establishment and the maintenance of such clinics      710          

shall be distributed among the member counties as agreed upon by   711          

such members, and such costs shall be paid from the respective     712          

county general funds, or from tax levies, or both.                 713          

      Sec. 339.43 339.77.  (A)  The director of health shall make  722          

available financial assistance for treatment of tuberculosis       723          

patients to counties operating an acceptable tuberculosis          725          

program.  Annually, the director shall pay to the BOARDS OF        726          

county commissioners of the patient's legal residence a            727          

per-active-case amount that equals the annually appropriated       730          

funds divided by the number of active cases with documented        731          

completion of an approved course of treatment during the previous  732          

fiscal year.  Total payment shall not exceed the amount of funds   733          

appropriated for the purpose.  The Ohio public health council      734          

DIRECTOR shall provide forms for documentation and shall           735          

determine what constitutes an "acceptable tuberculosis program,"   736          

an "approved course of treatment," and an "active case."  The      738          

director or his THE DIRECTOR'S authorized agent shall upon         739          

request be allowed access to any patient's medical records in      740          

order to verify the accuracy of the information submitted to       741          

justify such financial assistance.  If such medical records are    742          

denied or are unavailable, the financial assistance shall          743          

terminate or be denied.                                                         

      (B)  ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF        745          

COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS    746          

WITH TUBERCULOSIS.  TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF   747          

                                                          18     


                                                                 
FUNDS APPROPRIATED FOR THE COST OF DETENTION.  THE DIRECTOR SHALL  748          

PRESCRIBE THE RATE OF REIMBURSEMENT FOR DETENTION.  ANY FUNDS NOT  749          

EXPENDED FOR DETENTION BY THE END OF A FISCAL YEAR SHALL BE        750          

DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE  751          

WITH DIVISION (A) OF THIS SECTION.                                              

      Sec. 339.78.  (A)  WHEN A PHYSICIAN COMPLETES DIAGNOSTIC     754          

STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE        755          

PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE   756          

COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT.  A PHYSICIAN SHALL   757          

MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO            758          

COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS         759          

DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO  760          

SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS.  AT ANY TIME IT IS   761          

DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE   762          

OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT.      763          

      THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS      765          

SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT         766          

REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE     767          

TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO     768          

THE REGIMEN.                                                                    

      IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN       770          

SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT   771          

REQUESTS.  THE INFORMATION SHALL BE PROVIDED AT INTERVALS          772          

SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT.                        773          

      (B)  IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS     775          

UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT           776          

TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS:    777          

      (1)  THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER       779          

FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS        780          

CONFIRMED TO HAVE OR IS SUSPECTED OF HAVING TUBERCULOSIS SHALL     781          

REPORT THE CASE TO THE TUBERCULOSIS CONTROL UNIT;                  783          

      (2)  THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS   785          

FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE            786          

TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT   787          

                                                          19     


                                                                 
OBTAINED;                                                                       

      (3)  ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS          789          

TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS         790          

CONTROL UNIT.                                                      791          

      Sec. 339.79.  A COUNTY OR DISTRICT TUBERCULOSIS CONTROL      793          

UNIT SHALL MAKE A REPORT TO THE OHIO DEPARTMENT OF HEALTH EACH     794          

TIME THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE        795          

REVISED CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR   796          

A CASE OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS.     798          

IF THE REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF   800          

THIS STATE, THE DEPARTMENT SHALL MAKE A REPORT TO THE STATE OR     801          

LOCAL PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE      802          

INDIVIDUAL RESIDES.                                                             

      Sec. 339.80.  WHEN A COUNTY OR DISTRICT TUBERCULOSIS         804          

CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE         806          

REVISED CODE OF A CONFIRMED OR SUSPECTED CASE OF TUBERCULOSIS,     807          

THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL     808          

CONTACT WITH THE INDIVIDUAL WITH TUBERCULOSIS.  THE INVESTIGATION  809          

SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT    810          

RECEIVES THE REPORT.                                               811          

      Sec. 339.81.  ANY INFORMATION, DATA, AND REPORTS WITH        814          

RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR        815          

PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR     816          

THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR   818          

STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF   819          

CONTROLLING TUBERCULOSIS IN THIS STATE.  NO PHYSICIAN, HOSPITAL,   820          

OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT  821          

TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO    823          

HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, BE HELD TO ANSWER                  

FOR WILLFUL BETRAYAL OF A PROFESSIONAL CONFIDENCE, OR BE HELD      825          

LIABLE IN DAMAGES TO ANY PERSON.                                   826          

      Sec. 339.82.  EXCEPT AS PROVIDED IN SECTION 339.89 OF THE    828          

REVISED CODE, ALL OF THE FOLLOWING APPLY TO INDIVIDUALS WITH       829          

TUBERCULOSIS:                                                                   

                                                          20     


                                                                 
      (A)(1)  AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING       832          

ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS         833          

TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN.    834          

THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF ANTITUBERCULOSIS  835          

MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF TUBERCULOSIS, AND    836          

INSTRUCTIONS FOR FOLLOWING CONTAGION PRECAUTIONS TO PREVENT THE    837          

SPREAD OF TUBERCULOSIS.                                                         

      (2)  IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED               839          

ANTITUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1) OF  840          

THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT     841          

SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS          842          

REQUIRED TO BE WITNESSED INGESTING THE ANTITUBERCULOSIS            843          

MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT.  THE INDIVIDUAL  844          

SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE.        845          

      (B)  AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS     848          

NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY        849          

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

DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE            850          

MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD  851          

OF THE DISEASE.  AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO  852          

CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE    853          

TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO   854          

HOSPITALIZATION AND REMAIN HOSPITALIZED.                                        

      (C)  AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO   857          

TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT                          

TUBERCULOSIS CONTROL UNIT.  THE UNIT SHALL NOTIFY THE OHIO         859          

DEPARTMENT OF HEALTH WHEN AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS                

RELOCATES.  THE DEPARTMENT SHALL NOTIFY THE TUBERCULOSIS CONTROL   861          

UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO WHICH THE INDIVIDUAL  862          

INTENDS TO TRAVEL OR RELOCATE OR THE APPROPRIATE PUBLIC HEALTH     863          

AUTHORITY OF THE STATE TO WHICH THE INDIVIDUAL INTENDS TO TRAVEL   864          

OR RELOCATE.                                                                    

      Sec. 339.83.  WHEN A COUNTY OR DISTRICT TUBERCULOSIS         866          

CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR       867          

                                                          21     


                                                                 
COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION        868          

339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL   869          

THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND    870          

THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE       872          

REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.                               

      Sec. 339.84.  IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION  875          

339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS    876          

CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO       878          

COMPLY.                                                                         

      Sec. 339.85.  IF AN INDIVIDUAL FAILS TO COMPLY WITH AN       880          

ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY  881          

OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE     883          

COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE               

INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER.  IF THE    885          

TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE    886          

TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE       887          

PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN        888          

INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A    889          

PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE   890          

MATTER.                                                                         

      Sec. 339.86.  (A)  IF AN INDIVIDUAL FAILS TO COMPLY WITH AN  893          

INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE    894          

COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE  895          

PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER       896          

WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL   897          

IN A HOSPITAL OR OTHER PLACE TO BE EXAMINED OR TREATED FOR         899          

TUBERCULOSIS.  IN THE REQUEST, THE UNIT SHALL PROVIDE THE          900          

FOLLOWING INFORMATION:                                                          

      (1)  THE NAME OF THE INDIVIDUAL;                             902          

      (2)  THE PURPOSE OF MAKING THE REQUEST FOR DETENTION;        905          

      (3)  AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A            907          

DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL    908          

THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST;                 909          

      (4)  A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE        911          

                                                          22     


                                                                 
INDIVIDUAL SHOULD BE DETAINED;                                     912          

      (5)  A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE     915          

USED FOR THE DETENTION.                                                         

      (B)  THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN       918          

INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS.  AT THE   919          

END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW     920          

THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT    921          

MORE THAN NINETY DAYS.  AT THE END OF EACH SUBSEQUENT PERIOD OF    922          

DETENTION, THE COURT SHALL REVIEW THE CASE.  WHEN THE COURT        923          

RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE  924          

ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL           925          

TERMINATE THE ORDER FOR DETENTION.                                 926          

      (C)  AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION  929          

MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES,          930          

ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE    931          

NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A      932          

REASONABLE NUMBER OF THOSE INDIVIDUALS.  AN INDIVIDUAL WHO HAS     933          

BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF   934          

ANTITUBERCULOSIS MEDICATION.  THE INDIVIDUAL MAY, AT ANY TIME,     935          

SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED   936          

FROM DETENTION.                                                                 

      DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S          938          

DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO   939          

BE REPRESENTED BY COUNSEL.  IF THE INDIVIDUAL IS INDIGENT, THE     940          

INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL.  THE COURT MAY   941          

APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE       942          

INDIVIDUAL IS INDIGENT.                                                         

      Sec. 339.87.  (A)  WHEN A TUBERCULOSIS CONTROL UNIT HAS      944          

REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS    945          

SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL       946          

DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS        947          

CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A    948          

SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL  949          

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

                                                          23     


                                                                 
TUBERCULOSIS.                                                      950          

      (B)  NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER  952          

DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION,     953          

THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF  954          

THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION   955          

ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE.    956          

IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE    957          

IMMEDIATELY RELEASED.  AN INDIVIDUAL RELEASED FOR THIS REASON      958          

SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF  959          

THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS                 

AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF        960          

SECTION 339.86 OF THE REVISED CODE.                                961          

      Sec. 339.88.  THE EXPENSES INCURRED FOR DETENTION UNDER      963          

SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE  964          

INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE       965          

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE         966          

INDIVIDUAL WAS REMOVED.  THE BOARD OF COUNTY COMMISSIONERS MAY     967          

APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION    968          

339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT                   

INDIVIDUALS WITH TUBERCULOSIS.                                     969          

      Sec. 339.89.  SECTIONS 339.71 TO 339.88 OF THE REVISED       971          

CODE, AND THE RULES FOR TUBERCULOSIS ADOPTED UNDER SECTION         972          

3701.14 OF THE REVISED CODE, DO NOT REQUIRE A PERSON TO UNDERGO    973          

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

PLACE FOR TREATMENT IF THE PERSON, OR, IN THE CASE OF A CHILD,     974          

THE CHILD'S PARENTS, RELY EXCLUSIVELY ON SPIRITUAL TREATMENT       975          

THROUGH PRAYER, IN LIEU OF MEDICAL TREATMENT, IN ACCORDANCE WITH   976          

A RECOGNIZED, RELIGIOUS METHOD OF HEALING.  THE PERSON MAY BE      977          

QUARANTINED OR OTHERWISE SAFELY ISOLATED IN THE HOME OR ANOTHER                 

PLACE THAT IS SUITABLE TO THE HEALTH OF THE PERSON AND HAS BEEN    978          

APPROVED BY THE TUBERCULOSIS CONTROL UNIT AS A PLACE THAT          979          

PROVIDES APPROPRIATE PROTECTION TO OTHER PERSONS AND THE           980          

COMMUNITY.                                                                      

      Sec. 3107.18.  (A)  Except when giving effect to such a      989          

                                                          24     


                                                                 
decree would violate the public policy of this state, a court      991          

decree terminating the relationship of parent and child, or        992          

establishing the relationship by adoption, issued pursuant to due  993          

process of law by a court of any jurisdiction outside this state,  994          

whether within or outside the United States, shall be recognized                

in this state, and the rights and obligations of the parties as    995          

to all matters within the jurisdiction of this state, including,   996          

without limitation, those matters specified in section 3107.15 of  997          

the Revised Code, shall be determined as though the decree were    998          

issued by a court of this state.  A decree or certificate of       1,000        

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

that is verified and approved by the immigration and               1,001        

naturalization service of the United States shall be recognized    1,002        

in this state.  Nothing in this section prohibits a court from     1,003        

issuing a final decree of adoption or interlocutory order of       1,004        

adoption pursuant to section 3107.14 of the Revised Code for a     1,005        

person the petitioner has adopted pursuant to a decree or          1,006        

certificate of adoption recognized in this state that was issued   1,008        

outside the United States.                                         1,009        

      (B)  If a child born in a foreign country is placed with     1,011        

adoptive parents or an adoptive parent in this state for the       1,012        

purpose of adoption and if the adoption previously has been        1,013        

finalized in the country of the child's birth, the adoptive        1,014        

parent or parents may bring a petition in the probate court in     1,015        

their county of residence, requesting that the court issue a                    

final decree of adoption or an interlocutory order of adoption     1,017        

pursuant to section 3701.14 3107.14 of the Revised Code.  In a     1,018        

proceeding on the petition, proof of finalization of the adoption  1,020        

outside the United States is prima-facie evidence of the consent   1,021        

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

foreign decree or certificate of adoption was issued with respect  1,022        

to only one of two adoptive parents who seek to adopt the child    1,023        

in this state.                                                                  

      (C)  At the request of a person who has adopted a person     1,025        

                                                          25     


                                                                 
pursuant to a decree or certificate of adoption recognized in      1,026        

this state that was issued outside the United States, the court    1,028        

of the county in which the person making the request resides       1,029        

shall order the department of health to issue a foreign birth      1,030        

record for the adopted person under division (A)(4) of section     1,032        

3705.12 of the Revised Code.  The court may specify a change of    1,033        

name for the child and, if a physician has recommended a revision  1,034        

of the birth date, a revised birth date.  The court shall send to  1,036        

the department with its order a copy of the foreign adoption       1,037        

decree or certificate of adoption and, if the foreign decree or    1,038        

certificate of adoption is not in English, a translation           1,039        

certified as to its accuracy by the translator and provided by     1,040        

the person who requested the order.                                             

      Sec. 3313.55.  The board of education of any school          1,049        

district may establish such special schools as it deems necessary  1,050        

for all persons who are afflicted with tuberculosis, and may       1,051        

cause all youth, within such district, so afflicted, to be         1,052        

excluded from the regular schools, and may provide for and pay     1,053        

from the school funds, the expense of transportation of such       1,054        

persons to and from such special schools.  The board of any        1,055        

school district in which is located a state, district, county, or  1,056        

municipal hospital for children with tuberculosis or epilepsy or   1,057        

any public institution, except state institutions for the care     1,058        

and treatment of delinquent, unstable, or socially maladjusted     1,059        

children, shall make provision for the education of all educable   1,060        

children therein; except that in the event another school          1,061        

district within the same county or an adjoining county is the      1,062        

source of sixty per cent or more of the children in said hospital  1,063        

or institution, the board of that school district shall make       1,064        

provision for the education of all the children therein.  In any   1,065        

case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS   1,066        

SECTION, the board which THAT provides the educational facilities  1,068        

shall be entitled to all moneys authorized for the attendance of   1,069        

pupils as provided in Chapter 3317. of the Revised Code;, tuition  1,070        

                                                          26     


                                                                 
as provided in section 3317.08 of the Revised Code;, and such      1,071        

additional compensation as is provided for crippled children in    1,072        

sections 3323.01 to 3323.12 of the Revised Code.  Any board which  1,073        

THAT provides the educational facilities for children in county    1,074        

or municipal institutions established for the care and treatment   1,075        

of children who are delinquent, unstable, or socially maladjusted  1,076        

shall not be entitled to any moneys provided for crippled          1,077        

children in sections 3323.01 to 3323.12 of the Revised Code.       1,078        

      Sec. 3313.71.  School physicians may make examinations,      1,088        

which shall include tests to determine the existence of hearing    1,089        

defects, and diagnoses of all children referred to them.  They     1,090        

may make such examination of teachers and other school employees   1,091        

and inspection of school buildings as in their opinion the         1,092        

protection of health of the pupils, teachers, and other school     1,093        

employees requires.                                                1,094        

      Boards of education shall require and provide, in            1,096        

accordance with section 3313.67 of the Revised Code, such tests    1,097        

and examinations for tuberculosis of pupils in selected grades     1,098        

and of school employees as may be required by the Ohio public      1,099        

health council.                                                    1,100        

      Boards may require annual tuberculin tests of any grades.    1,102        

All pupils with positive reactions to the test shall have chest    1,103        

x-rays and all positive reactions and x-ray findings shall be      1,104        

reported promptly to the county record bureau of tuberculosis      1,105        

cases provided for in section 339.42 339.74 of the Revised Code.   1,107        

Boards shall waive the required test where a pupil presents a      1,108        

written statement from his THE PUPIL'S family physician            1,109        

certifying that such test has been given and that such pupil is    1,110        

free from tuberculosis in a communicable stage, or that such test  1,111        

is inadvisable for medical reasons, or from his THE PUPIL'S        1,112        

parent or guardian objecting to such test because of religious     1,113        

convictions.                                                                    

      Whenever a pupil, teacher, or other school employee is       1,115        

found to be ill or suffering from tuberculosis in a communicable   1,116        

                                                          27     


                                                                 
stage or other communicable disease, the school physician shall    1,117        

promptly send such pupil, teacher, or other school employee home,  1,118        

with a statement, in the case of a pupil, to its THE PUPIL'S       1,119        

parents or guardian, briefly setting forth the discovered facts,   1,120        

and advising that the family physician be consulted.  School       1,121        

physcians PHYSICIANS shall keep accurate card-index records of     1,123        

all examinations, and said records, that they may be uniform                    

throughout the state, shall be according to the form prescribed    1,124        

by the state board of education, and the reports shall be made     1,125        

according to the method of said form.  If the parent or guardian   1,126        

of any pupil or any teacher or other school employee, after        1,127        

notice from the board of education, furnishes within two weeks     1,128        

thereafter the written certificate of any reputable physician      1,129        

that the pupil, teacher, or other school employee has been         1,130        

examined, in such cases the service of the school physician shall  1,131        

be dispensed with, and such certificate shall be furnished by      1,132        

such parent or guardian, as required by the board of education.    1,133        

Such individual records shall not be open to the public and shall  1,134        

be solely for the use of the boards of education and boards of     1,135        

health officer.  If any teacher or other school employee is found  1,136        

to have tuberculosis in a communicable stage or other              1,137        

communicable disease, his THE TEACHER'S OR EMPLOYEE'S employment   1,138        

shall be discontinued or suspended upon such terms as to salary    1,139        

as the board deems just until the school physician has certified   1,141        

to a recovery from such disease.  The methods of making the        1,142        

tuberculin tests and chest x-rays required by this section shall   1,143        

be such as are approved by the director of health.                 1,144        

      Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1),     1,154        

and (C) of this section, any student enrolled in kindergarten      1,155        

more than half time shall be reported as one-half student under    1,156        

this section.                                                                   

      (A)  The superintendent of each city and exempted village    1,159        

school district and of each educational service center shall, for  1,160        

the schools under the superintendent's supervision, certify to     1,161        

                                                          28     


                                                                 
the state board of education on or before the fifteenth day of     1,162        

October in each year for the first full school week in October     1,163        

the formula ADM, which shall consist of the average daily          1,164        

membership during such week of the sum of the following:           1,165        

      (1)  On an FTE basis, the number of students in grades       1,168        

kindergarten through twelve receiving any educational services     1,169        

from the district, except that the following categories of         1,170        

students shall not be included in the determination:               1,171        

      (a)  Students enrolled in adult education classes;           1,173        

      (b)  Adjacent or other district students enrolled in the     1,175        

district under an open enrollment policy pursuant to section       1,176        

3313.98 of the Revised Code;                                       1,177        

      (c)  Students receiving services in the district pursuant    1,179        

to a compact, cooperative education agreement, or a contract, but  1,180        

who are entitled to attend school in another district pursuant to  1,181        

section 3313.64 or 3313.65 of the Revised Code;                    1,182        

      (d)  Students for whom tuition is payable pursuant to        1,185        

sections 3317.081 and 3323.141 of the Revised Code.                1,186        

      (2)  On an FTE basis, the number of students entitled to     1,189        

attend school in the district pursuant to section 3313.64 or       1,190        

3313.65 of the Revised Code, but receiving educational services    1,192        

in grades kindergarten through twelve from one or more of the                   

following entities:                                                1,193        

      (a)  A community school pursuant to Chapter 3314. of the     1,196        

Revised Code, including any participation in a college pursuant    1,197        

to Chapter 3365. of the Revised Code while enrolled in such        1,198        

community school;                                                               

      (b)  An alternative school pursuant to sections 3313.974 to  1,200        

3313.979 of the Revised Code as described in division (I)(2)(a)    1,202        

or (b) of this section;                                                         

      (c)  A college pursuant to Chapter 3365. of the Revised      1,204        

Code, except when the student is enrolled in the college while     1,205        

also enrolled in a community school pursuant to Chapter 3314. of   1,206        

the Revised Code;                                                               

                                                          29     


                                                                 
      (d)  An adjacent or other school district under an open      1,209        

enrollment policy adopted pursuant to section 3313.98 of the       1,210        

Revised Code;                                                                   

      (e)  An educational service center or cooperative education  1,213        

district;                                                                       

      (f)  Another school district under a cooperative education   1,216        

agreement, compact, or contract.                                                

      (3)  One-fourth of the number of students enrolled in a      1,218        

joint vocational school district or under a vocational education   1,219        

compact;                                                                        

      (4)  The number of handicapped children, other than          1,221        

handicapped preschool children, entitled to attend school in the   1,222        

district pursuant to section 3313.64 or 3313.65 of the Revised     1,224        

Code who are placed with a county MR/DD board, minus the number    1,227        

of such children placed with a county MR/DD board in fiscal year   1,228        

1998.  If this calculation produces a negative number, the number  1,230        

reported under division (A)(4) of this section shall be zero.      1,232        

      (B)  To enable the department of education to obtain the     1,235        

data needed to complete the calculation of payments pursuant to    1,236        

this chapter, in addition to the formula ADM, each superintendent  1,238        

shall report separately the following student counts:              1,239        

      (1)  The total average daily membership in regular day       1,241        

classes included in the report under division (A)(1) or (2) of     1,242        

this section for kindergarten, and each of grades one through      1,243        

twelve in schools under the superintendent's supervision;          1,245        

      (2)  The number  of all handicapped preschool children       1,249        

enrolled as of the first day of December in classes in the         1,250        

district that are eligible for approval by the state board of      1,251        

education under division (B) of section 3317.05 of the Revised     1,252        

Code and the number of those classes, which shall be reported not  1,253        

later than the fifteenth day of December, in accordance with       1,254        

rules adopted under that section;                                  1,255        

      (3)  The number of children entitled to attend school in     1,257        

the district pursuant to section 3313.64 or 3313.65 of the         1,258        

                                                          30     


                                                                 
Revised Code who are participating in a pilot project scholarship  1,260        

program established under sections 3313.974 to 3313.979 of the     1,261        

Revised Code as described in division (I)(2)(a) or (b) of this     1,263        

section, are enrolled in a college under Chapter 3365. of the      1,264        

Revised Code, except when the student is enrolled in the college   1,265        

while also enrolled in a community school pursuant to Chapter      1,266        

3314. of the Revised Code, are enrolled in an adjacent or other    1,267        

school district under section 3313.98 of the Revised Code, are     1,268        

enrolled in a community school established under Chapter 3314. of  1,270        

the Revised Code, including any participation in a college                      

pursuant to Chapter 3365. of the Revised Code while enrolled in    1,271        

such community school, or are participating in a program operated  1,273        

by a county MR/DD board or a state institution;                    1,274        

      (4)  The number of pupils enrolled in joint vocational       1,276        

schools;                                                           1,277        

      (5)  The average daily membership of handicapped children    1,280        

reported under division (A)(1) or (2) of this section receiving    1,281        

category one special education services, described in division     1,282        

(A) of section 3317.013 of the Revised Code;                       1,283        

      (6)  The average daily membership of handicapped children    1,285        

reported under division (A)(1) or (2) of this section receiving    1,286        

category two special education services, described in division     1,287        

(B) of section 3317.013 of the Revised Code;                       1,288        

      (7)  The average daily membership of handicapped children    1,290        

reported under division (A)(1) or (2) of this section identified   1,292        

as having any of the handicaps specified in division (F)(3) of     1,293        

section 3317.02 of the Revised Code;                                            

      (8)  The average daily membership of pupils reported under   1,295        

division (A)(1) or (2) of this section enrolled in category one    1,296        

vocational education programs or classes, described in division    1,297        

(A) of section 3317.014 of the Revised Code, operated by the       1,298        

school district or by another district, other than a joint         1,299        

vocational school district, or by an educational service center;   1,300        

      (9)  The average daily membership of pupils reported under   1,302        

                                                          31     


                                                                 
division (A)(1) or (2) of this section enrolled in category two    1,303        

vocational education programs or services, described in division   1,304        

(B) of section 3317.014 of the Revised Code, operated by the       1,305        

school district or another school district, other than a joint     1,306        

vocational school district, or by an educational service center;   1,307        

      (10)  The average number of children transported by the      1,310        

school district on board-owned or contractor-owned and -operated   1,311        

buses, reported in accordance with rules adopted by the            1,313        

department of education;                                                        

      (11)(a)  The number of children, other than handicapped      1,316        

preschool children, the district placed with a county MR/DD board  1,317        

in fiscal year 1998;                                               1,318        

      (b)  The number of handicapped children, other than          1,320        

handicapped preschool children, placed with a county MR/DD board   1,322        

in the current fiscal year to receive category one special         1,323        

education services, described in division (A) of section 3317.013  1,325        

of the Revised Code;                                               1,326        

      (c)  The number of handicapped children, other than          1,328        

handicapped preschool children, placed with a county MR/DD board   1,330        

in the current fiscal year to receive category two special         1,331        

education services, described in division (B) of section 3317.013  1,333        

of the Revised Code;                                               1,334        

      (d)  The number of handicapped children, other than          1,336        

handicapped preschool children, placed with a county MR/DD board   1,338        

in the current fiscal year to receive category three special       1,339        

education services, described in division (F)(3) of section        1,341        

3317.02 of the Revised Code.                                                    

      (C)  Except as otherwise provided in this section for        1,343        

kindergarten students, the average daily membership in divisions   1,344        

(B)(1) to (9) of this section shall be based upon the number of    1,346        

full-time equivalent students.  The state board of education       1,347        

shall adopt rules defining full-time equivalent students and for   1,348        

determining the average daily membership therefrom for the         1,350        

purposes of divisions (A), (B), and (D) of this section.  No       1,351        

                                                          32     


                                                                 
child shall be counted as more than a total of one child in the    1,352        

sum of the average daily memberships of a school district under    1,354        

division (A), divisions (B)(1) to (9), or division (D) of this     1,355        

section.  Based on the information reported under this section,    1,357        

the department of education shall determine the total student      1,358        

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

each school district.                                              1,359        

      (D)(1)  The superintendent of each joint vocational school   1,361        

district shall certify to the superintendent of public             1,363        

instruction on or before the fifteenth day of October in each      1,364        

year for the first full school week in October the formula ADM,    1,365        

which shall consist of the average daily membership during such    1,367        

week, on an FTE basis, of the number of students receiving any     1,369        

educational services from the district, except that the following  1,370        

categories of students shall not be included in the                1,371        

determination:                                                                  

      (a)  Students enrolled in adult education classes;           1,373        

      (b)  Adjacent or other district joint vocational students    1,375        

enrolled in the district under an open enrollment policy pursuant  1,376        

to section 3313.98 of the Revised Code;                            1,377        

      (c)  Students receiving services in the district pursuant    1,379        

to a compact, cooperative education agreement, or a contract, but  1,380        

who are entitled to attend school in a city, local, or exempted    1,382        

village school district whose territory is not part of the         1,383        

territory of the joint vocational district;                                     

      (d)  Students for whom tuition is payable pursuant to        1,385        

sections 3317.081 and 3323.141 of the Revised Code.                1,386        

      (2)  To enable the department of education to obtain the     1,388        

data needed to complete the calculation of payments pursuant to    1,389        

this chapter, in addition to the formula ADM, each superintendent  1,390        

shall report separately the average daily membership included in   1,391        

the report under division (D)(1) of this section for each of the   1,392        

following categories of students:                                  1,393        

      (a)  Students enrolled in each grade included in the joint   1,395        

                                                          33     


                                                                 
vocational district schools;                                       1,396        

      (b)  Handicapped children receiving category one special     1,398        

education services, described in division (A) of section 3317.013  1,400        

of the Revised Code;                                                            

      (c)  Handicapped children receiving category two special     1,402        

education services, described in division (B) of section 3317.013  1,404        

of the Revised Code;                                                            

      (d)  Handicapped children identified as having any of the    1,406        

handicaps specified in division (F)(3) of section 3317.02 of the   1,408        

Revised Code;                                                                   

      (e)  Students receiving category one vocational education    1,410        

services, described in division (A) of section 3317.014 of the     1,411        

Revised Code;                                                                   

      (f)  Students receiving category two vocational education    1,413        

services, described in division (B) of section 3317.014 of the     1,414        

Revised Code.                                                                   

      The superintendent of each joint vocational school district  1,416        

shall also indicate the city, local, or exempted village school    1,418        

district in which each joint vocational district pupil is          1,419        

entitled to attend school pursuant to section 3313.64 or 3313.65   1,420        

of the Revised Code.                                                            

      (E)  In each school of each city, local, exempted village,   1,422        

joint vocational, and cooperative education school district there  1,423        

shall be maintained a record of school membership, which record    1,424        

shall accurately show, for each day the school is in session, the  1,425        

actual membership enrolled in regular day classes.  For the        1,426        

purpose of determining average daily membership, the membership    1,427        

figure of any school shall not include any pupils except those     1,428        

pupils described by division (A) of this section.  The record of   1,430        

membership for each school shall be maintained in such manner      1,431        

that no pupil shall be counted as in membership prior to the       1,432        

actual date of entry in the school and also in such manner that    1,433        

where for any cause a pupil permanently withdraws from the school  1,434        

that pupil shall not be counted as in membership from and after    1,436        

                                                          34     


                                                                 
the date of such withdrawal.  There shall not be included in the   1,437        

membership of any school any of the following:                                  

      (1)  Any pupil who has graduated from the twelfth grade of   1,440        

a public high school;                                                           

      (2)  Any pupil who is not a resident of the state;           1,442        

      (3)  Any pupil who was enrolled in the schools of the        1,445        

district during the previous school year when tests were                        

administered under section 3301.0711 of the Revised Code but did   1,446        

not take one or more of the tests required by that section and     1,447        

was not excused pursuant to division (C)(1) of that section;       1,448        

      (4)  Any pupil who has attained the age of twenty-two        1,450        

years, except for the following:                                   1,451        

      (a)  Persons suffering from tuberculosis and receiving       1,453        

treatment in any approved state, county, district, or municipal    1,454        

tuberculosis hospital who have not graduated from the twelfth      1,455        

grade of a public high school;                                     1,456        

      (b)  Veterans VETERANS of the armed services whose           1,458        

attendance was interrupted before completing the recognized        1,460        

twelve-year course of the public schools by reason of induction    1,461        

or enlistment in the armed forces and who apply for reenrollment   1,462        

in the public school system of their residence not later than      1,463        

four years after termination of war or their honorable discharge.  1,464        

      If, however, any veteran described by division (E)(4)(b) of  1,467        

this section elects to enroll in special courses organized for     1,468        

veterans for whom tuition is paid under the provisions of federal  1,469        

laws, or otherwise, that veteran shall not be included in average  1,471        

daily membership.                                                               

      Notwithstanding division (E)(3) of this section, the         1,473        

membership of any school may include a pupil who did not take a    1,474        

test required by section 3301.0711 of the Revised Code if the      1,475        

superintendent of public instruction grants a waiver from the      1,476        

requirement to take the test to the specific pupil.  The           1,477        

superintendent may grant such a waiver only for good cause in      1,478        

accordance with rules adopted by the state board of education.     1,479        

                                                          35     


                                                                 
      Except as provided in division (B)(2) of this section, the   1,482        

average daily membership figure of any local, city, exempted       1,483        

village, or joint vocational school district shall be determined   1,484        

by dividing the figure representing the sum of the number of       1,485        

pupils enrolled during each day the school of attendance is        1,486        

actually open for instruction during the first full school week    1,487        

in October by the total number of days the school was actually     1,488        

open for instruction during that week.  For purposes of state      1,489        

funding, "enrolled" persons are only those pupils who are          1,490        

attending school, those who have attended school during the        1,491        

current school year and are absent for authorized reasons, and     1,492        

those handicapped children currently receiving home instruction.   1,493        

      The average daily membership figure of any cooperative       1,495        

education school district shall be determined in accordance with   1,496        

rules adopted by the state board of education.                     1,497        

      (F)(1)  If the formula ADM for the first full school week    1,500        

in February is at least three per cent greater than that           1,501        

certified for the first full school week in the preceding          1,502        

October, the superintendent of schools of any city, exempted       1,503        

village, or joint vocational school district or educational        1,505        

service center shall certify such increase to the superintendent   1,506        

of public instruction.  Such certification shall be submitted no   1,507        

later than the fifteenth day of February.  For the balance of the  1,508        

fiscal year, beginning with the February payments, the             1,509        

superintendent of public instruction shall use the increased       1,510        

formula ADM in calculating or recalculating the amounts to be      1,511        

allocated in accordance with section 3317.022 or 3317.16 of the    1,513        

Revised Code.  In no event shall the superintendent use an         1,514        

increased membership certified to the superintendent after the     1,515        

fifteenth day of February.                                         1,516        

      (2)  If on the first school day of April the total number    1,518        

of classes or units for handicapped preschool children that are    1,521        

eligible for approval under division (B) of section 3317.05 of     1,522        

the Revised Code exceeds the number of units that have been        1,523        

                                                          36     


                                                                 
approved for the year under that division, the superintendent of   1,524        

schools of any city, exempted village, or cooperative education    1,525        

school district or educational service center shall make the       1,526        

certifications required by this section for that day.  If the      1,527        

state board of education determines additional units can be        1,528        

approved for the fiscal year within any limitations set forth in   1,529        

the acts appropriating moneys for the funding of such units, the   1,531        

board shall approve additional units for the fiscal year on the    1,532        

basis of such average daily membership.  For each unit so                       

approved, the department of education shall pay an amount          1,533        

computed in the manner prescribed in section 3317.161 or 3317.19   1,535        

and section 3317.162 of the Revised Code.                                       

      (G)(1)(a)  The superintendent of an institution operating a  1,537        

special education program pursuant to section 3323.091 of the      1,538        

Revised Code shall, for the programs under such superintendent's   1,540        

supervision, certify to the state board of education the average   1,541        

daily membership of all handicapped children in classes or         1,542        

programs approved annually by the state board of education, in     1,543        

the manner prescribed by the superintendent of public              1,544        

instruction.                                                                    

      (b)  The superintendent of an institution with vocational    1,547        

education units approved under division (A) of section 3317.05 of  1,548        

the Revised Code shall, for the units under the superintendent's   1,550        

supervision, certify to the state board of education the average   1,551        

daily membership in those units, in the manner prescribed by the   1,552        

superintendent of public instruction.                              1,553        

      (2)  The superintendent of each county MR/DD board that      1,555        

maintains special education classes or units approved by the       1,556        

state board of education pursuant to section 3317.05 of the        1,558        

Revised Code shall do both of the following:                       1,559        

      (a)  Certify to the state board, in the manner prescribed    1,562        

by the board, the average daily membership in classes and units    1,563        

approved under division (D)(1) of section 3317.05 of the Revised   1,564        

Code for each school district that has placed children in the      1,565        

                                                          37     


                                                                 
classes or units;                                                               

      (b)  Certify to the state board, in the manner prescribed    1,567        

by the board, the number of all handicapped preschool children     1,568        

enrolled as of the first day of December in classes eligible for   1,569        

approval under division (B) of section 3317.05 of the Revised      1,571        

Code, and the number of those classes.                             1,572        

      (3)(a)  If during the first full school week in February     1,574        

the average daily membership of the classes or units maintained    1,575        

by the county MR/DD board that are eligible for approval under     1,576        

division (D)(1) of section 3317.05 of the Revised Code is greater  1,578        

than the average daily membership for the preceding October, the   1,579        

superintendent of the board shall make the certifications          1,580        

required by this section for such week.                            1,581        

      (b)  If on the first school day of April the number of       1,584        

classes or units maintained for handicapped preschool children by  1,586        

the county MR/DD board that are eligible for approval under        1,587        

division (B) of section 3317.05 of the Revised Code is greater     1,588        

than the number of units approved for the year under that          1,589        

division, the superintendent shall make the certification          1,591        

required by this section for that day.                                          

      (c)  If the state board determines that additional classes   1,593        

or units can be approved for the fiscal year within any            1,595        

limitations set forth in the acts appropriating moneys for the     1,596        

funding of the classes and units described in division (G)(3)(a)   1,597        

or (b) of this section, the board shall approve and fund           1,599        

additional units for the fiscal year on the basis of such average  1,600        

daily membership.  For each unit so approved, the department of    1,601        

education shall pay an amount computed in the manner prescribed    1,602        

in sections 3317.161 and 3317.162 of the Revised Code.             1,603        

      (H)  Except as provided in division (I) of this section,     1,606        

when any city, local, or exempted village school district          1,607        

provides instruction for a nonresident pupil whose attendance is   1,608        

unauthorized attendance as defined in section 3327.06 of the       1,609        

Revised Code, that pupil's membership shall not be included in     1,610        

                                                          38     


                                                                 
that district's membership figure used in the calculation of that  1,611        

district's formula ADM or included in the determination of any     1,612        

unit approved for the district under section 3317.05 of the        1,613        

Revised Code.  The reporting official shall report separately the  1,614        

average daily membership of all pupils whose attendance in the     1,615        

district is unauthorized attendance, and the membership of each    1,616        

such pupil shall be credited to the school district in which the   1,617        

pupil is entitled to attend school under division (B) of section   1,618        

3313.64 or section 3313.65 of the Revised Code as determined by    1,619        

the department of education.                                       1,620        

      (I)(1)  A city, local, exempted village, or joint            1,622        

vocational school district admitting a scholarship student of a    1,625        

pilot project district pursuant to division (C) of section                      

3313.976 of the Revised Code may count such student in its         1,626        

average daily membership.                                                       

      (2)  In any year for which funds are appropriated for pilot  1,628        

project scholarship programs, a school district implementing a     1,629        

state-sponsored pilot project scholarship program that year        1,630        

pursuant to sections 3313.974 through 3313.979 of the Revised      1,632        

Code may count in average daily membership:                                     

      (a)  All children residing in the district and utilizing a   1,634        

scholarship to attend kindergarten in any alternative school, as   1,635        

defined in division (A)(9) of section 3313.974 of the Revised      1,636        

Code;                                                                           

      (b)  All children who were enrolled in the district in the   1,638        

preceding year who are utilizing a scholarship to attend any such  1,639        

alternative school.                                                1,640        

      (J)  The superintendent of each cooperative education        1,642        

school district shall certify to the superintendent of public      1,643        

instruction, in a manner prescribed by the state board of          1,644        

education, the applicable average daily memberships for all        1,645        

students in the cooperative education district, also indicating    1,646        

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

entitled to attend school under section 3313.64 or 3313.65 of the  1,647        

                                                          39     


                                                                 
Revised Code.                                                      1,648        

      Sec. 3701.01.  As used in sections 3701.01, 3701.04,         1,657        

3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code:      1,659        

      (A)  "The federal act" means Title VI of the "Public Health  1,661        

Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended.     1,662        

      (B)  "The surgeon general" means the surgeon general of the  1,664        

public health service of the United States or such other officer   1,665        

or employee of the United States responsible for administration    1,666        

of the federal act.                                                1,667        

      (C)  "Hospital" includes public health centers and general,  1,669        

tuberculosis, mental, chronic disease, and other types of          1,670        

hospitals, and related facilities, such as laboratories,           1,671        

outpatient departments, nurses' home facilities, extended care     1,672        

facilities, self-care units, and central service facilities        1,673        

operated in connection with hospitals, and also includes           1,674        

education and training facilities for health professions           1,675        

personnel operated as an integral part of a hospital, but does     1,676        

not include any hospital furnishing primarily domiciliary care.    1,677        

      (D)  "Public health center" means a publicly owned facility  1,679        

for the housing of the public health services of a community and   1,680        

one which makes available equipment to aid physicians in the       1,681        

prevention, diagnosis, and treatment of disease.                   1,682        

      (E)  "Nonprofit hospital," or "nonprofit" as applied to a    1,684        

facility, means any hospital or facility owned and operated by     1,685        

one or more nonprofit corporations or associations no part of the  1,686        

net earnings of which inures, or may lawfully inure, to the        1,687        

benefit of any private shareholder or individual.                  1,688        

      (F)  "Medical facilities" means outpatient facilities,       1,690        

rehabilitation facilities, and facilities for long-term care,      1,691        

including nursing homes, as those terms are defined in the         1,692        

federal act, and such other facilities for which federal aid may   1,693        

be authorized under the federal act.                               1,694        

      Sec. 3701.14.  (A)  The director of health shall make        1,703        

inquiry as to the cause of disease, especially when contagious,    1,704        

                                                          40     


                                                                 
infectious, epidemic, or endemic, and take prompt action to        1,705        

control and suppress it.  The reports of births and deaths, the    1,706        

sanitary conditions and effects of localities and employments,     1,707        

the personal and business habits of the people, and the relation   1,708        

of the diseases of man and beast, shall be subjects of study by    1,709        

the director.  The director may make and execute orders necessary  1,710        

to protect the people against diseases of lower animals, and       1,711        

shall collect and preserve information in respect to such matters  1,712        

and kindred subjects as may be useful in the discharge of the      1,713        

director's duties, and for dissemination among the people.  When   1,715        

called upon by the state or local governments, or the board of     1,716        

health of a general or city health district, the director shall    1,717        

promptly investigate and report upon the water supply, sewerage,   1,719        

disposal of excreta of any locality, and the heating, plumbing,    1,720        

and ventilation of a public building.                              1,721        

      The (B)  WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY:   1,723        

      (1)  THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY    1,725        

COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED     1,726        

CODE;                                                                           

      (2)  THE director shall maintain registries of hospitals,    1,728        

clinics, physicians, or other care providers to whom the director  1,730        

shall refer persons who make inquiries to the department of        1,731        

health regarding possible exposure to tuberculosis;                1,732        

      (3)  THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE  1,734        

ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF               1,736        

EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF           1,737        

TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION    1,738        

OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS;      1,739        

      (4)  THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO  1,742        

RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;                             

      (5)  THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS         1,745        

TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE       1,746        

SPECIFIED BY THE DIRECTOR.  EACH TUBERCULOSIS CONSULTANT SHALL     1,747        

ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND  1,748        

                                                          41     


                                                                 
SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND     1,749        

OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN TUBERCULOSIS    1,750        

CONTROL ACTIVITIES AND FOR REVIEWING MEDICAL RECORDS PERTAINING    1,751        

TO THE TREATMENT PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS.        1,752        

      (6)  THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES             1,755        

ESTABLISHING STANDARDS FOR THE FOLLOWING:                                       

      (a)  PERFORMING TUBERCULOSIS SCREENINGS;                     1,757        

      (b)  PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN    1,759        

EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF       1,760        

HAVING TUBERCULOSIS;                                               1,761        

      (c)  PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS;   1,763        

      (d)  METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE     1,765        

TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS;                     1,766        

      (e)  PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND        1,768        

STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS;    1,769        

      (f)  SELECTING LABORATORIES THAT PROVIDE IN A TIMELY         1,771        

FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS.  THE    1,772        

STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE  1,773        

GIVEN TO LABORATORIES LOCATED IN THIS STATE.                       1,774        

      THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119.   1,777        

OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY               1,778        

RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE        1,779        

UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION OR BY     1,780        

THE AMERICAN THORACIC SOCIETY.  THE RULES SHALL APPLY TO COUNTY    1,781        

OR DISTRICT TUBERCULOSIS CONTROL UNITS, PHYSICIANS WHO EXAMINE     1,782        

AND TREAT INDIVIDUALS FOR TUBERCULOSIS, AND LABORATORIES THAT      1,783        

PERFORM TESTS FOR TUBERCULOSIS.                                    1,784        

      Sec. 3702.62.  (A)  Any action pursuant to section 140.03,   1,793        

140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,  1,794        

339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31,   1,795        

339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15,   1,797        

513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28,   1,798        

749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in  1,799        

accordance with sections 3702.51 to 3702.61 of the Revised Code.   1,800        

                                                          42     


                                                                 
      (B)  A nursing home certified as an intermediate care        1,802        

facility for the mentally retarded under Title XIX of the "Social  1,803        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   1,804        

that is required to apply for licensure as a residential facility  1,805        

under section 5123.19 of the Revised Code is not, with respect to  1,806        

the portion of the home certified as an intermediate care                       

facility for the mentally retarded, subject to sections 3702.51    1,807        

to 3702.61 of the Revised Code.                                    1,808        

      Sec. 3727.01.  As used in this section, "health maintenance  1,817        

organization" means a public or private organization organized     1,818        

under the law of any state that is qualified under section         1,819        

1310(d) of Title XIII of the "Public Health Service Act," 87       1,820        

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        1,821        

following:                                                         1,822        

      (A)  Provides or otherwise makes available to enrolled       1,824        

participants health care services including at least the           1,825        

following basic health care services:  usual physician services,   1,826        

hospitalization, laboratory, x-ray, emergency and preventive       1,827        

service, and out-of-area coverage;                                 1,828        

      (B)  Is compensated, except for copayments, for the          1,830        

provision of basic health care services to enrolled participants   1,831        

by a payment that is paid on a periodic basis without regard to    1,832        

the date the health care services are provided and that is fixed   1,833        

without regard to the frequency, extent, or kind of health         1,834        

service actually provided;                                         1,835        

      (C)  Provides physician services primarily in either of the  1,837        

following ways:                                                    1,838        

      (1)  Directly through physicians who are either employees    1,840        

or partners of the organization;                                   1,841        

      (2)  Through arrangements with individual physicians or one  1,843        

or more groups of physicians organized on a group-practice or      1,844        

individual-practice basis.                                         1,845        

      As used in this chapter, "hospital" means an institution     1,847        

classified as a hospital under section 3701.07 of the Revised      1,848        

                                                          43     


                                                                 
Code in which are provided to inpatients diagnostic, medical,      1,849        

surgical, obstetrical, psychiatric, or rehabilitation care for a   1,850        

continuous period longer than twenty-four hours; a tuberculosis    1,851        

hospital; or a hospital operated by a health maintenance           1,852        

organization.  "Hospital" does not include a facility licensed     1,853        

under Chapter 3721. of the Revised Code, a health care facility    1,854        

operated by the department of mental health or the department of   1,855        

mental retardation and developmental disabilities, a health        1,856        

maintenance organization that does not operate a hospital, the     1,857        

office of any private licensed health care professional, whether   1,858        

organized for individual or group practice, or a clinic that       1,859        

provides ambulatory patient services and where patients are not    1,860        

regularly admitted as inpatients.  "Hospital" also does not        1,861        

include an institution for the sick that is operated exclusively   1,863        

for patients who use spiritual means for healing and for whom the  1,864        

acceptance of medical care is inconsistent with their religious    1,865        

beliefs, accredited by a national accrediting organization,                     

exempt from federal income taxation under section 501 of the       1,866        

Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as   1,868        

amended, and providing twenty-four hour nursing care pursuant to   1,869        

the exemption in division (G) of section 4723.32 of the Revised    1,870        

Code from the licensing requirements of Chapter 4723. of the       1,871        

Revised Code.                                                                   

      Sec. 5705.01.  As used in this chapter:                      1,879        

      (A)  "Subdivision" means any county; municipal corporation;  1,881        

township; township police district; township fire district; joint  1,882        

fire district; joint ambulance district; joint emergency medical   1,883        

services district; fire and ambulance district; joint recreation   1,884        

district; township waste disposal district; township road          1,885        

district; community college district; technical college district;  1,886        

detention home district; a district organized under section        1,887        

2151.65 of the Revised Code; a combined district organized under   1,888        

sections 2151.34 and 2151.65 of the Revised Code; a joint-county   1,889        

alcohol, drug addiction, and mental health service district; a     1,890        

                                                          44     


                                                                 
drainage improvement district created under section 6131.52 of     1,891        

the Revised Code; a union cemetery district; a county school       1,892        

financing district; or a city, local, exempted village,            1,893        

cooperative education, or joint vocational school district.        1,894        

      (B)  "Municipal corporation" means all municipal             1,896        

corporations, including those that have adopted a charter under    1,897        

Article XVIII, Ohio Constitution.                                  1,898        

      (C)  "Taxing authority" or "bond issuing authority" means,   1,900        

in the case of any county, the board of county commissioners; in   1,901        

the case of a municipal corporation, the council or other          1,902        

legislative authority of the municipal corporation; in the case    1,903        

of a city, local, exempted village, cooperative education, or      1,904        

joint vocational school district, the board of education; in the   1,905        

case of a community college district, the board of trustees of     1,906        

the district; in the case of a technical college district, the     1,907        

board of trustees of the district; in the case of a detention      1,908        

home district, a district organized under section 2151.65 of the   1,909        

Revised Code, or a combined district organized under sections      1,910        

2151.34 and 2151.65 of the Revised Code, the joint board of        1,911        

county commissioners of the district; in the case of a township,   1,912        

the board of township trustees; in the case of a joint fire        1,913        

district, the board of fire district trustees; in the case of a    1,914        

joint recreation district, the joint recreation district board of  1,915        

trustees; in the case of a joint-county alcohol, drug addiction,   1,916        

and mental health service district, the district's board of        1,917        

alcohol, drug addiction, and mental health services; in the case   1,918        

of a joint ambulance district or a fire and ambulance district,    1,919        

the board of trustees of the district; in the case of a union      1,921        

cemetery district, the legislative authority of the municipal      1,922        

corporation and the board of township trustees, acting jointly as  1,923        

described in section 759.341 of the Revised Code; in the case of   1,924        

a drainage improvement district, the board of county               1,925        

commissioners of the county in which the drainage district is      1,926        

located; in the case of a joint emergency medical services         1,927        

                                                          45     


                                                                 
district, the joint board of county commissioners of all counties  1,928        

in which all or any part of the district lies; and in the case of  1,929        

a township police district, a township fire district, a township   1,930        

road district, or a township waste disposal district, the board    1,931        

of township trustees of the township in which the district is      1,932        

located.  "Taxing authority" also means the educational service    1,933        

center governing board that serves as the taxing authority of a    1,934        

county school financing district as provided in section 3311.50    1,935        

of the Revised Code.                                               1,936        

      (D)  "Fiscal officer" in the case of a county, means the     1,938        

county auditor; in the case of a municipal corporation, the city   1,939        

auditor or village clerk, or such officer as, by virtue of the     1,940        

charter, has the duties and functions of the city auditor or       1,941        

village clerk, except that in the case of a municipal university   1,942        

the board of directors of which have assumed, in the manner        1,943        

provided by law, the custody and control of the funds of the       1,944        

university, the chief accounting officer of the university shall   1,945        

perform, with respect to the funds, the duties vested in the       1,946        

fiscal officer of the subdivision by sections 5705.41 and 5705.44  1,947        

of the Revised Code; in the case of a school district, the         1,948        

treasurer of the board of education; in the case of a county       1,949        

school financing district, the treasurer of the educational        1,950        

service center governing board that serves as the taxing           1,952        

authority; in the case of a township, the township clerk; in the   1,953        

case of a joint fire district, the clerk of the board of fire      1,954        

district trustees; in the case of a joint ambulance district, the  1,955        

clerk of the board of trustees of the district; in the case of a   1,956        

joint emergency medical services district, the person appointed    1,957        

as fiscal officer pursuant to division (D) of section 307.053 of   1,958        

the Revised Code; in the case of a fire and ambulance district,    1,959        

the person appointed as fiscal officer pursuant to division (B)                 

of section 505.375 of the Revised Code; in the case of a joint     1,960        

recreation district, the person designated pursuant to section     1,961        

755.15 of the Revised Code; in the case of a union cemetery        1,962        

                                                          46     


                                                                 
district, the clerk of the municipal corporation designated in     1,963        

section 759.34 of the Revised Code; in the case of a children's    1,964        

home district, tuberculosis hospital district, educational         1,965        

service center, general health district, joint-county alcohol,     1,967        

drug addiction, and mental health service district, county         1,968        

library district, detention home district, district organized      1,969        

under section 2151.65 of the Revised Code, a combined district     1,970        

organized under sections 2151.34 and 2151.65 of the Revised Code,  1,971        

or a metropolitan park district for which no treasurer has been    1,972        

appointed pursuant to section 1545.07 of the Revised Code, the     1,973        

county auditor of the county designated by law to act as the       1,974        

auditor of the district; in the case of a metropolitan park        1,975        

district which has appointed a treasurer pursuant to section       1,976        

1545.07 of the Revised Code, that treasurer; in the case of a      1,977        

drainage improvement district, the auditor of the county in which  1,978        

the drainage improvement district is located; and in all other     1,979        

cases, the officer responsible for keeping the appropriation       1,980        

accounts and drawing warrants for the expenditure of the moneys    1,981        

of the district or taxing unit.                                                 

      (E)  "Permanent improvement" or "improvement" means any      1,983        

property, asset, or improvement with an estimated life or          1,984        

usefulness of five years or more, including land and interests     1,985        

therein, and reconstructions, enlargements, and extensions         1,986        

thereof having an estimated life or usefulness of five years or    1,987        

more.                                                              1,988        

      (F)  "Current operating expenses" and "current expenses"     1,990        

mean the lawful expenditures of a subdivision, except those for    1,991        

permanent improvements, and except payments for interest, sinking  1,992        

fund, and retirement of bonds, notes, and certificates of          1,993        

indebtedness of the subdivision.                                   1,994        

      (G)  "Debt charges" means interest, sinking fund, and        1,996        

retirement charges on bonds, notes, or certificates of             1,997        

indebtedness.                                                      1,998        

      (H)  "Taxing unit" means any subdivision or other            2,000        

                                                          47     


                                                                 
governmental district having authority to levy taxes on the        2,001        

property in the district or issue bonds that constitute a charge   2,002        

against the property of the district, including conservancy        2,003        

districts, metropolitan park districts, sanitary districts, road   2,004        

districts, and other districts.                                    2,005        

      (I)  "District authority" means any board of directors,      2,007        

trustees, commissioners, or other officers controlling a district  2,008        

institution or activity that derives its income or funds from two  2,009        

or more subdivisions, such as the educational service center, the  2,011        

trustees of district tuberculosis hospitals and district           2,012        

children's homes, the district board of health, a joint-county     2,013        

alcohol, drug addiction, and mental health service district's      2,014        

board of alcohol, drug addiction, and mental health services,      2,015        

detention home districts, a joint recreation district board of     2,016        

trustees, districts organized under section 2151.65 of the         2,017        

Revised Code, combined districts organized under sections 2151.34  2,018        

and 2151.65 of the Revised Code, and other such boards.            2,019        

      (J)  "Tax list" and "tax duplicate" mean the general tax     2,021        

lists and duplicates prescribed by sections 319.28 and 319.29 of   2,022        

the Revised Code.                                                  2,023        

      (K)  "Property" as applied to a tax levy means taxable       2,025        

property listed on general tax lists and duplicates.               2,026        

      (L)  "School library district" means a school district in    2,028        

which a free public library has been established that is under     2,029        

the control and management of a board of library trustees as       2,030        

provided in section 3375.15 of the Revised Code.                   2,031        

      Sec. 5705.191.  The taxing authority of any subdivision,     2,040        

other than the board of education of a school district or the      2,041        

taxing authority of a county school financing district, by a vote  2,042        

of two-thirds of all its members, may declare by resolution that   2,043        

the amount of taxes that may be raised within the ten-mill         2,044        

limitation by levies on the current tax duplicate will be          2,045        

insufficient to provide an adequate amount for the necessary       2,046        

requirements of the subdivision, and that it is necessary to levy  2,047        

                                                          48     


                                                                 
a tax in excess of such limitation for any of the purposes in      2,048        

section 5705.19 of the Revised Code, or to supplement the general  2,049        

fund for the purpose of making appropriations for one or more of   2,050        

the following purposes:  public assistance, human or social        2,051        

services, relief, welfare, hospitalization, health, and support    2,052        

of general or tuberculosis hospitals, and that the question of     2,053        

such additional tax levy shall be submitted to the electors of     2,054        

the subdivision at a general, primary, or special election to be   2,055        

held at a time therein specified.  Such resolution shall not       2,056        

include a levy on the current tax list and duplicate unless such   2,057        

election is to be held at or prior to the general election day of  2,058        

the current tax year.  Such resolution shall conform to the        2,060        

requirements of section 5705.19 of the Revised Code, except that   2,061        

a levy to supplement the general fund for the purposes of public   2,062        

assistance, human or social services, relief, welfare,             2,063        

hospitalization, health, or the support of general or              2,064        

tuberculosis hospitals may not be for a longer period than ten     2,065        

years.  All other levies under this section may not be for a       2,066        

longer period than five years unless a longer period is permitted  2,067        

by section 5705.19 of the Revised Code, and the resolution shall   2,068        

specify the date of holding such election, which shall not be      2,069        

earlier than seventy-five days after the adoption and              2,070        

certification of such resolution.  The resolution shall go into    2,071        

immediate effect upon its passage and no publication of the same   2,072        

is necessary other than that provided for in the notice of         2,073        

election.  A copy of such resolution, immediately after its        2,074        

passage, shall be certified to the board of elections of the       2,075        

proper county or counties in the manner provided by section        2,076        

5705.25 of the Revised Code, and such section shall govern the     2,077        

arrangements for the submission of such question and other         2,078        

matters with respect to such election, to which section 5705.25    2,079        

of the Revised Code refers, excepting that such election shall be  2,080        

held on the date specified in the resolution, which shall be       2,081        

consistent with the requirements of section 3501.01 of the         2,082        

                                                          49     


                                                                 
Revised Code, provided that only one special election for the                   

submission of such question may be held in any one calendar year   2,083        

and provided that a special election may be held upon the same     2,084        

day a primary election is held.  Publication of notice of such     2,085        

election shall be made in one or more newspapers of general        2,086        

circulation in the county once a week for four consecutive weeks.  2,087        

      If a majority of the electors voting on the question vote    2,089        

in favor thereof, the taxing authority of the subdivision may      2,091        

make the necessary levy within such subdivision at the additional  2,092        

rate or at any lesser rate outside the ten-mill limitation on the  2,093        

tax list and duplicate for the purpose stated in the resolution.   2,094        

Such tax levy shall be included in the next annual tax budget      2,095        

that is certified to the county budget commission.                 2,096        

      After the approval of such a levy by the electors, the       2,100        

taxing authority of the subdivision may anticipate a fraction of   2,102        

the proceeds of such levy and issue anticipation notes.  In the    2,103        

case of a continuing levy that is not levied for the purpose of                 

current expenses, notes may be issued at any time after approval   2,104        

of the levy in an amount not more than fifty per cent of the       2,106        

total estimated proceeds of the levy for the succeeding ten        2,107        

years, less an amount equal to the fraction of the proceeds of     2,108        

the levy previously anticipated by the issuance of anticipation    2,110        

notes.  In the case of a levy for a fixed period that is not for   2,111        

the purpose of current expenses, notes may be issued at any time   2,112        

after approval of the levy in an amount not more than fifty per    2,113        

cent of the total estimated proceeds of the levy throughout the    2,114        

remaining life of the levy, less an amount equal to the fraction   2,115        

of the proceeds of the levy previously anticipated by the          2,116        

issuance of anticipation notes.  In the case of a levy for         2,117        

current expenses, notes may be issued after the approval of the    2,118        

levy by the electors and prior to the time when the first tax      2,119        

collection from the levy can be made.  Such notes may be issued    2,120        

in an amount not more than fifty per cent of the total estimated   2,121        

proceeds of the levy throughout the term of the levy in the case   2,122        

                                                          50     


                                                                 
of a levy for a fixed period, or fifty per cent of the total       2,123        

estimated proceeds for the first ten years of the levy in the      2,124        

case of a continuing levy.                                                      

      No anticipation notes that increase the net indebtedness of  2,127        

a county may be issued without the prior consent of the board of   2,128        

county commissioners of that county.  The notes shall be issued    2,129        

as provided in section 133.24 of the Revised Code, shall have      2,130        

principal payments during each year after the year of their        2,131        

issuance over a period not exceeding the life of the levy          2,132        

anticipated, and may have a principal payment in the year of       2,133        

their issuance.                                                                 

      "Taxing authority" and "subdivision" have the same meanings  2,135        

as in section 5705.01 of the Revised Code.                         2,136        

      This section is supplemental to and not in derogation of     2,138        

sections 5705.20, 5705.21, and 5705.22 of the Revised Code.        2,139        

      Sec. 5705.20.  The board of county commissioners of any      2,148        

county, in any year, after providing the normal and customary      2,149        

percentage of the total general fund appropriations for the        2,150        

support of tuberculosis hospitals, or for the care, treatment,     2,151        

and maintenance of residents of the county who are suffering from  2,152        

tuberculosis at hospitals with which the board has contracted      2,153        

pursuant to section 339.20 THE TUBERCULOSIS TREATMENT SPECIFIED    2,154        

UNDER SECTION 339.73 of the Revised Code, or for the support of    2,156        

tuberculosis clinics established pursuant to section 339.36 or     2,157        

section 339.39 339.76 of the Revised Code, by vote of two-thirds   2,159        

of all the members of said board may declare by resolution that    2,160        

the amount of taxes which may be raised within the ten-mill        2,161        

limitation will be insufficient to provide an adequate amount for  2,162        

the THAT support of tuberculosis hospitals, or for the care,       2,164        

treatment, and maintenance of residents of the county who are      2,165        

suffering from tuberculosis at hospitals with which the board has  2,166        

contracted pursuant to such section, or for the support of         2,167        

tuberculosis clinics established pursuant to such sections, and    2,168        

that it is necessary to levy a tax in excess of the ten-mill                    

                                                          51     


                                                                 
limitation to supplement such general fund appropriations for      2,169        

such purpose, but the total levy for this purpose shall not        2,170        

exceed sixty-five one hundredths of a mill.                        2,171        

      Such resolution shall conform to section 5705.19 of the      2,173        

Revised Code and be certified to the board of elections not less   2,174        

than seventy-five days before the general election and submitted   2,175        

in the manner provided in section 5705.25 of the Revised Code.     2,176        

      If the majority of electors voting on a levy to supplement   2,178        

general fund appropriations for the support of tuberculosis        2,179        

hospitals, or for the care, treatment, and maintenance of          2,180        

residents of the county who are suffering from tuberculosis at     2,181        

hospitals with which the board has contracted pursuant to section  2,182        

339.20 THE TUBERCULOSIS TREATMENT SPECIFIED UNDER SECTION 339.73   2,184        

of the Revised Code, or for the support of tuberculosis clinics    2,185        

established pursuant to section 339.36 or 339.39 339.76 of the     2,186        

Revised Code, vote in favor thereof, the board of said county may  2,187        

levy a tax within such county at the additional rate in excess of  2,188        

the ten-mill limitation during the period and for the purpose      2,189        

stated in the resolution or at any less rate or for any of said    2,190        

years.                                                             2,191        

      IF A TAX WAS LEVIED UNDER THIS SECTION FOR THE SUPPORT OF    2,193        

TUBERCULOSIS CLINICS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT,  2,194        

THE LEVY MAY BE RENEWED FOR THAT PURPOSE ON OR AFTER THE           2,195        

EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH SECTION        2,196        

5705.25 OF THE REVISED CODE.                                                    

      Sec. 5705.25.  (A)  A copy of any resolution adopted as      2,205        

provided in section 5705.19 of the Revised Code shall be           2,206        

certified by the taxing authority to the board of elections of     2,207        

the proper county not less than seventy-five days before the       2,208        

general election in any year, and the board shall submit the       2,209        

proposal to the electors of the subdivision at the succeeding      2,210        

November election.  Except as otherwise provided in this           2,211        

division, a resolution to renew an existing levy, regardless of    2,212        

the section of the Revised Code under which the tax was imposed,   2,213        

                                                          52     


                                                                 
shall not be placed on the ballot unless the question is           2,214        

submitted at the general election held during the last year the    2,215        

tax to be renewed or replaced may be extended on the real and      2,216        

public utility property tax list and duplicate, or at any          2,217        

election held in the ensuing year.  The limitation of the          2,218        

foregoing sentence does not apply to a resolution to renew and     2,220        

increase or to renew part of an existing levy that was imposed     2,221        

under section 5705.191 of the Revised Code to supplement the       2,222        

general fund for the purpose of making appropriations for one or   2,223        

more of the following purposes:  for public assistance, human or   2,224        

social services, relief, welfare, hospitalization, health, and     2,225        

support of general or tuberculosis hospitals.  The limitation of   2,227        

the second preceding sentence also does not apply to a resolution  2,228        

that proposes to renew two or more existing levies imposed under   2,229        

section 5705.21 of the Revised Code, in which case the question    2,230        

shall be submitted on the date of the general or primary election  2,231        

held during the last year at least one of the levies to be                      

renewed may be extended on the real and public utility property    2,232        

tax list and duplicate, or at any election held during the         2,233        

ensuing year.  For purposes of this section, a levy shall be       2,234        

considered to be an "existing levy" through the year following     2,235        

the last year it can be placed on that tax list and duplicate.     2,236        

      The board shall make the necessary arrangements for the      2,239        

submission of such questions to the electors of such subdivision,  2,240        

and the election shall be conducted, canvassed, and certified in   2,241        

the same manner as regular elections in such subdivision for the   2,242        

election of county officers.  Notice of the election shall be      2,243        

published in a newspaper of general circulation in the             2,244        

subdivision once a week for four consecutive weeks prior to the    2,245        

election, stating the purpose, the proposed increase in rate,      2,246        

expressed in dollars and cents for each one hundred dollars of     2,247        

valuation as well as in mills for each one dollar of valuation,    2,248        

the number of years during which the increase will be in effect,   2,249        

the first month and year in which the tax will be levied, and the  2,251        

                                                          53     


                                                                 
time and place of the election.                                                 

      (B)  The form of the ballots cast at an election held        2,253        

pursuant to division (A) of this section shall be as follows:      2,254        

      "An additional tax for the benefit of (name of subdivision   2,256        

or public library) .......... for the purpose of (purpose stated   2,257        

in the resolution) .......... at a rate not exceeding ......       2,258        

mills for each one dollar of valuation, which amounts to (rate     2,259        

expressed in dollars and cents) ............ for each one hundred  2,260        

dollars of valuation, for ...... (life of indebtedness or number   2,261        

of years the levy is to run).                                      2,262        

                                                                   2,264        

                   For the Tax Levy                                2,265        

                                                                   2,266        

                   Against the Tax Levy                            2,267        

                                                         "         2,268        

      (C)  If the levy is to be in effect for a continuing period  2,271        

of time, the notice of election and the form of ballot shall so    2,272        

state instead of setting forth a specified number of years for     2,273        

the levy.                                                          2,274        

      If the tax is to be placed on the current tax list, the      2,276        

form of the ballot shall be modified by adding, after the          2,277        

statement of the number of years the levy is to run, the phrase    2,278        

", commencing in .......... (first year the tax is to be levied),  2,280        

first due in calendar year .......... (first calendar year in      2,281        

which the tax shall be due)."                                                   

      If the levy submitted is a proposal to renew, increase, or   2,283        

decrease an existing levy, the form of the ballot specified in     2,284        

division (B) of this section may be changed by substituting for    2,285        

the words "An additional" at the beginning of the form, the words  2,287        

"A renewal of a" in case of a proposal to renew an existing levy   2,288        

in the same amount; the words "A renewal of ........ mills and an  2,289        

increase of ...... mills to constitute a" in the case of an        2,290        

increase; or the words "A renewal of part of an existing levy,     2,291        

being a reduction of ...... mills, to constitute a" in the case    2,292        

                                                          54     


                                                                 
of a decrease in the proposed levy.                                2,293        

      If the levy submitted is a proposal to renew two or more     2,295        

existing levies imposed under section 5705.21 of the Revised       2,296        

Code, the form of the ballot specified in division (B) of this     2,297        

section shall be modified by substituting for the words "an        2,298        

additional tax" the words "a renewal of ....(insert the number of  2,300        

levies to be renewed) existing taxes."                                          

      The question covered by such resolution shall be submitted   2,302        

as a separate proposition but may be printed on the same ballot    2,303        

with any other proposition submitted at the same election, other   2,304        

than the election of officers.  More than one such question may    2,305        

be submitted at the same election.                                 2,306        

      (D)  A levy voted in excess of the ten-mill limitation       2,308        

under this section shall be certified to the tax commissioner.     2,309        

In the first year of the levy, it shall be extended on the tax     2,311        

lists after the February settlement succeeding the election.  If   2,312        

the additional tax is to be placed upon the tax list of the        2,313        

current year, as specified in the resolution providing for its     2,314        

submission, the result of the election shall be certified          2,315        

immediately after the canvass by the board of elections to the     2,316        

taxing authority, who shall make the necessary levy and certify    2,317        

it to the county auditor, who shall extend it on the tax lists     2,318        

for collection.  After the first year, the tax levy shall be       2,319        

included in the annual tax budget that is certified to the county  2,320        

budget commission.                                                              

      Section 2.  That existing sections 124.11, 329.05, 339.11,   2,322        

339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,  2,323        

3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01,     2,324        

5705.191, 5705.20, and 5705.25 and sections 339.20, 339.21,        2,326        

339.22, 339.23, 339.231, 339.24, 339.25, 339.26, 339.27, 339.28,   2,327        

339.29, 339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 339.36,    2,328        

339.37, 339.40, 339.41, 339.45, 339.46, 339.47, 339.50, 339.51,    2,330        

339.52, 339.53, 339.54, 339.55, 339.56, 339.57, 339.58, 339.59,    2,332        

339.60, 339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84,  2,333        

                                                          55     


                                                                 
and 3707.11 of the Revised Code are hereby repealed.               2,334        

      Section 3.  Section 5705.01 of the Revised Code is           2,336        

presented in this act as a composite of the section as amended by  2,337        

both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General       2,338        

Assembly, with the new language of neither of the acts shown in    2,340        

capital letters.  This is in recognition of the principle stated   2,341        

in division (B) of section 1.52 of the Revised Code that such      2,342        

amendments are to be harmonized where not substantively            2,343        

irreconcilable and constitutes a legislative finding that such is  2,344        

the resulting version in effect prior to the effective date of     2,345        

this act.