REPRESENTATIVES D. Miller, Cirelli, Mason, R. Miller, Gilb, Schuring, S. Smith, Kilbane, Raga, Kearns, Hughes, Carmichael, Flowers, G. Smith, Redfern, Widowfield, Oakar, Latell, Krupinski, Rhine, Brown, Boccieri, Ogg, Flannery, Woodard, Womer Benjamin, Barrett, Coates, Schaffer, Reidelbach, Seaver, Latta, Hagan, Evans, Niehaus, Hollister, Clancy, Sulzer, Sullivan, Metzger, Perry, Schmidt, Key, DeBose, Allen, Patton, Otterman, Britton, Driehaus, Distel, Calvert, Aslanides, Seitz, Koziura

To amend sections 121.371, 3109.13, 3109.15, 3109.16,

1

3109.17, 3109.18, 3701.23, and 3701.501 and to

2

enact section 5.2226 of the Revised Code to revise

3

the law regarding required screening of newborn

4

children for genetic, endocrine, and metabolic

5

disorders, the Wellness Block Grant Program, and

6

the Children's Trust Fund and to designate

7

September as "Sickle Cell Anemia Awareness Month."

8

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

Section 1.  That sections 121.371, 3109.13, 3109.15, 3109.16,	9
3109.17, 3109.18, 3701.23, and 3701.501 be amended and section	10
5.2226 of the Revised Code be enacted to read as follows:	11

Sec. 5.2226. The month of September is designated as "Sickle	12
Cell Anemia Awareness Month."	13

Sec. 121.371.  There is hereby created the wellness block	14
grant program. The Ohio family and children first cabinet council	15
shall oversee the program, and the children's trust fund board,	16
created by section 3109.15 of the Revised Code,department of job	17
and family services shall serve as the program's administrative	18
agent. The board and the cabinet council shall establish	19
guidelines for operating the wellness block grant program. A	20
representative of the family and children first cabinet council	21
and the chairperson of the children's trust fund board shall	22
resolve any disagreements concerning the duties of the council and	23
the board under this section.	24

The children's trust fund board may accept gifts, donations,	25
grants, or other moneys for the wellness block grant program from	26
any source. The board shall use the funds received to make block	27
grants to county family and children first councils. The amount	28
to be granted to each county council for the program shall be	29
determined by the board and the cabinet council. To cover	30
administrative expenses, the board may use in each state fiscal	31
year an amount not to exceed one per cent of the total amount	32
available for the program in that year.	33

County councils shall use the funds they receive through	34
wellness block grantsfor the program to fund community-based	35
programs of prevention services that address issues of broad	36
social concern, as determined by the cabinet council and the	37
board, and to fund state-directed training, evaluation, and	38
education programs pertaining to the issues being addressed. Each	39
county council shall submit to the board a program and fiscal plan	40
that outlines its proposal for expenditure of its block grant and	41
shall, after consulting with the board of county commissioners,	42
designate a fiscal agent to receive the block grant.	43

As requested by the board on behalf of the cabinet council,	44
each county council shall submit program and fiscal accountings	45
regarding the use of its block grant. The board and the cabinet	46
council shall establish criteria for assessing a county council's	47
progress in achieving the goals of the wellness block grant	48
program. If a county council does not operate in accordance with	49
the program guidelines and criteria established by the board and	50
the cabinet council, the board and the cabinet council may revise	51
the allocation of funds that the county council receives.	52

The board shall prepare an annual report detailing the	53
results of the program. The report shall be submitted to the	54
governor, the president and minority leader of the senate, and the	55
speaker and minority leader of the house of representatives.	56

Sec. 3109.13.  As used in sections 3109.13 to 3109.18 of the	57
Revised Code, child:	58

(A) "Child abuse and child neglect prevention programs"	59
means programs designed to prevent child abuse and child neglect,	60
including, but not limited to, any of the following:	61

(A) Public awareness programs that pertain to child abuse or	62
child neglect;	63

(B) Community-based, family-focused support services and	64
activities that do any of the following:	65

(1) Build parenting skills;

66

(2) Promote parental behaviors that lead to healthy and	67
positive personal development of parents and children;	68

(3) Promote individual, family, and community strengths;

69

(4) Provide information, education, or health activities	70
that promote the well-being of families and children.	71

(C) Programs that train and place volunteers in programs	72
that pertain to child abuse or child neglectthat use primary and	73
secondary prevention strategies that are conducted at the local	74
level and activities and projects of statewide significance	75
designed to strengthen families and prevent child abuse and child	76
neglect.	77

(B) "Primary prevention strategies" are activities and	78
services provided to the public designed to prevent or reduce the	79
prevalence of child abuse and child neglect before signs of abuse	80
or neglect can be observed.	81

(C) "Secondary prevention strategies" are activities and	82
services that are provided to a specific population identified as	83
having risk factors for child abuse and child neglect and are	84
designed to intervene at the earliest warning signs of child abuse	85
or child neglect, or whenever a child can be identified as being	86
at risk of abuse or neglect.	87

Sec. 3109.15.  There is hereby created within the department	88
of job and family services the children's trust fund board	89
consisting of fifteen members. The directors of alcohol and drug	90
addiction services, health, and job and family services shall be	91
members of the board. Eight public members shall be appointed by	92
the governor. These members shall be persons with demonstrated	93
knowledge in programs for children, shall be representative of the	94
demographic composition of this state, and, to the extent	95
practicable, shall be representative of the following categories:	96
the educational community; the legal community; the social work	97
community; the medical community; the voluntary sector; and	98
professional providers of child abuse and child neglect services.	99
Five of these members shall be residents of countiesmetropolitan	100
statistical areas as defined by the United States office of	101
management and budget where the population exceeds four hundred	102
thousand; no more than onetwo such membermembers shall be a	103
residentresidents of the same countymetropolitan statistical	104
area. Two members of the board shall be members of the house of	105
representatives appointed by the speaker of the house of	106
representatives and shall be members of two different political	107
parties. Two members of the board shall be members of the senate	108
appointed by the president of the senate and shall be members of	109
two different political parties. All members of the board	110
appointed by the speaker of the house of representatives or the	111
president of the senate shall serve until the expiration of the	112
sessions of the general assembly during which they were appointed.	113
They may be reappointed to an unlimited number of successive terms	114
of two years at the pleasure of the speaker of the house of	115
representatives or president of the senate. Public members shall	116
serve terms of three years. Each member shall serve until the	117
member's successor is appointed, or until a period of sixty days	118
has elapsed, whichever occurs first. No public member may serve	119
more than two consecutive full terms, regardless of whether such	120
terms were full or partial terms. All vacancies on the board	121
shall be filled for the balance of the unexpired term in the same	122
manner as the original appointment.	123

Any member of the board may be removed by the member's	124
appointing authority for misconduct, incompetency, or neglect of	125
duty after first being given the opportunity to be heard in the	126
member's own behalf. Pursuant to section 3.17 of the Revised	127
Code, a member, except a member of the general assembly or a judge	128
of any court in the state, who fails to attend at least	129
three-fifths of the regular and special meetings held by the board	130
during any two-year period forfeits the member's position on the	131
board.	132

Each member of the board shall serve without compensation but	133
shall be reimbursed for all actual and necessary expenses incurred	134
in the performance of official duties.	135

The speaker of the house of representatives and the president	136
of the senate shall jointly appoint the board chairperson from	137
among the legislative members of the board.At the beginning of	138
the first year of each even-numbered general assembly, the	139
chairperson of the board shall be appointed by the speaker of the	140
house of representatives from among members of the board who are	141
members of the house of representatives. At the beginning of the	142
first year of each odd-numbered general assembly, the chairperson	143
of the board shall be appointed by the president of the senate	144
from among the members of the board who are senate members.	145

The board shall biennially select a vice-chair from among its	146
nonlegislative members.	147

Sec. 3109.16.  The children's trust fund board, upon the	148
recommendation of the director of job and family services, shall	149
approve the employment of the staff thatan executive director	150
who will administer the programs of the board. The department of	151
job and family services shall provide budgetary, procurement,	152
accounting, and other related management functions for the board.	153
An amount not to exceed three per cent of the total amount of fees	154
deposited in the children's trust fund in each fiscal year may be	155
used for costs directly related to these administrative functions	156
of the department. Each fiscal year, the board shall approve a	157
budget for administrative expenditures for the next fiscal year.	158

The board shall meet at least quarterly at the call of the	159
chairperson to conduct its official business. All business	160
transactions of the board shall be conducted in public meetings.	161
Eight members of the board constitute a quorum. A majority of the	162
quorumboard members is required to approveadopt the state plan	163
for the allocation of funds from the children's trust fund. A	164
majority of the quorum is required to make all other decisions of	165
the board.	166

The board may apply for and accept federal and other funds	167
for the purpose of funding child abuse and child neglect	168
prevention programs. In addition, the board may accept gifts and	169
donations from any source, including individuals, philanthropic	170
foundations or organizations, corporations, or corporation	171
endowments. The acceptance and use of federal funds shall not	172
entail any commitment or pledge of state funds, nor obligate the	173
general assembly to continue the programs or activities for which	174
the federal funds are made available. All funds received in the	175
manner described in this section shall be transmitted to the	176
treasurer of state, who shall credit them to the children's trust	177
fund created in section 3109.14 of the Revised Code.	178

Sec. 3109.17.  (A) For each fiscal biennium, the children's	179
trust fund board shall establish a biennial state plan for	180
comprehensive child abuse and child neglect prevention. The plan	181
shall be transmitted to the governor, the president and minority	182
leader of the senate, and the speaker and minority leader of the	183
house of representatives and shall be made available to the	184
general public. The board shall include in the state plan the	185
definition of "effective public notice" specified in rules adopted	186
by the department of job and family services.	187

(B) In developing and carrying out the state plan, the	188
children's trust fund board shall, in accordance with Chapter 119.	189
of the Revised Code, do all of the following:	190

(1) Ensure that an opportunity exists for assistance through	191
child abuse and child neglect prevention programs to persons	192
throughout the state of various social and economic backgrounds;	193

(2) Before the thirtieth day of October of each year, notify	194
each child abuse and child neglect prevention advisory board of	195
the amount estimated to be block grantedallocated to that	196
advisory board for the following fiscal year.	197

(3) Develop criteria for county or district comprehensive	198
allocation plans, including criteria for determining the plans'	199
effectiveness;	200

(4) Review county or district comprehensive allocation	201
plans;	202

(5) Make a block grantAllocate funds to each child abuse and	203
child neglect prevention advisory board for the purpose of funding	204
child abuse and child neglect prevention programs. The block	205
grantsFunds shall be allocated among advisory boards according to	206
a formula based on the ratio of the number of children under age	207
eighteen in the county or multicounty district to the number of	208
children under age eighteen in the state, as shown in the most	209
recent federal decennial census of population. Subject to the	210
availability of funds, each advisory board shall receive a minimum	211
of ten thousand dollars per fiscal year. In the case of an	212
advisory board that serves a multicounty district, the advisory	213
board shall receive, subject to available funds, a minimum of ten	214
thousand dollars per fiscal year for each county in the district.	215
Block grantsFunds shall be disbursed to the advisory boards twice	216
annually. At least fifty per cent of the amount of the block	217
grantfunds allocated to an advisory board for a fiscal year shall	218
be disbursed to the advisory board not later than the thirtieth	219
day of September. The remainder of the block grantfunds	220
allocated to the advisory board for that fiscal year shall be	221
disbursed before the thirty-first day of March.	222

If the children's trust fund board determines, based on	223
county or district performance or on the annual report submitted	224
by an advisory board, that the advisory board is not operating in	225
accordance with the criteria established in division (B)(3) of	226
this section, it may revise the allocation of funds that the	227
advisory board receives.	228

The board shall specify the criteria child abuse and child	229
neglect prevention advisory boards are to use in reviewing	230
applications under division (F)(3) of section 3109.18 of the	231
Revised Code.	232

(6) Allocate funds to entities other than child abuse and	233
child neglect prevention advisory boards for the purpose of	234
funding child abuse and child neglect prevention programs approved	235
in the state plan;	236

(7) Provide for the monitoring of expenditures from the	237
children's trust fund and of programs that receive money from the	238
children's trust fund;	239

(7)(8) Establish reporting requirements for advisory boards;

240

(8)(9) Collaborate with appropriate persons and government	241
entities and facilitate the exchange of information among those	242
persons and entities for the purpose of child abuse and child	243
neglect prevention;	244

(9)(10) Provide for the education of the public and	245
professionals for the purpose of child abuse and child neglect	246
prevention.;	247

(11) Create and provide to each advisory board a children's	248
trust fund grant application form;	249

(12) Specify the information to be included in an annual	250
report completed by a recipient of a children's trust fund grant	251
under division (K)(1) of section 3109.18 of the Revised Code.	252

(C) The children's trust fund board shall prepare a report	253
for each fiscal biennium that evaluatesdelineates the expenditure	254
of money from the children's trust fund. On or before January 1,	255
2002, and on or before the first day of January of a year that	256
follows the end of a fiscal biennium of this state, the board	257
shall file a copy of the report with the governor, the president	258
and minority leader of the senate, and the speaker and minority	259
leader of the house of representatives.	260

(D) In addition to the duties described in this section and	261
in section 3109.16 of the Revised Code, the children's trust fund	262
board shall perform the duties described in section 121.371 of the	263
Revised Code with regard to the wellness block grant program.	264

Sec. 3109.18.  (A)(1) A board of county commissioners may	265
establish a child abuse and child neglect prevention advisory	266
board or may designate the county family and children first	267
council to serve as the child abuse and child neglect prevention	268
advisory board. The boards of county commissioners of two or more	269
contiguous counties may instead form a multicounty district to be	270
served by a child abuse and child neglect prevention advisory	271
board or may designate a regional family and children first	272
council to serve as the district child abuse and child neglect	273
prevention advisory board. Each advisory board shall meet at	274
least twice a year.	275

(2) The county auditor is hereby designated as the auditor	276
and fiscal officer of the advisory board. In the case of a	277
multicounty district, the boards of county commissioners that	278
formed the district shall designate the auditor of one of the	279
counties as the auditor and fiscal officer of the advisory board.	280

(B) Each county that establishes an advisory board or, in a	281
multicounty district, the county the auditor of which has been	282
designated as the auditor and fiscal agentofficer of the advisory	283
board, shall establish a fund in the county treasury known as the	284
county or district children's trust fund. The advisory board	285
shall deposit all funds received from the children's trust fund	286
board into that fund, and the auditor shall distribute money from	287
the fund at the request of the advisory board.	288

(C) Each January, the board of county commissioners of a	289
county that has established an advisory board or, in a multicounty	290
district, the board of county commissioners of the county the	291
auditor of which has been designated as the auditor and fiscal	292
agentofficer for the advisory board, shall appropriate the amount	293
described in division (B)(2) of section 3109.17 of the Revised	294
Code for distribution by the advisory board to child abuse and	295
child neglect prevention programs.	296

(D)(1) Except in the case of a county or regional family and	297
children first council that is designated to serve as a child	298
abuse and child neglect prevention advisory board, each advisory	299
board shall consist of an odd number of members from both the	300
public and private sectors, including all of the following:	301

(a) A representative of an agency responsible for the	302
administration of children's services in the county or district;	303

(b) A provider of alcohol or drug addiction services or a	304
representative of a board of alcohol, drug addiction, and mental	305
health services that serves the county or district;	306

(c) A provider of mental health services or a representative	307
of a board of alcohol, drug addiction, and mental health services	308
that serves the county or district;	309

(d) A representative of a board of mental retardation and	310
developmental disabilities that serves the county or district;	311

(e) A representative of the educational community appointed	312
by the superintendent of the school district with largest	313
enrollment in the county or multicounty district.	314

(2) The following groups and entities may be represented on	315
the advisory board:	316

(a) Parent groups;

317

(b) Juvenile justice officials;

318

(c) Pediatricians, health department nurses, and other	319
representatives of the medical community;	320

(d) School personnel;

321

(e) Counselors and social workers;

322

(f) Head start agencies;

323

(g) Child day-care providers;

324

(h) Other persons with demonstrated knowledge in programs	325
for children.	326

(3) Of the members first appointed, at least one shall serve	327
for a term of three years, at least one for a term of two years,	328
and at least one for a term of one year. Thereafter, each member	329
shall serve a term of three years. Each member shall serve until	330
the member's successor is appointed. All vacancies on the board	331
shall be filled for the balance of the unexpired term in the same	332
manner as the original appointment.	333

(E) Each board of county commissioners may incur reasonable	334
costs not to exceed five per cent of the block grantfunds	335
allocated to the county or district under section 3109.17 of the	336
Revised Code, for the purpose of carrying out the functions of the	337
advisory board.	338

(F) Each child abuse and child neglect prevention advisory	339
board shall do all of the following:	340

(1) Develop a comprehensive allocation plan for the purpose	341
of preventing child abuse and child neglect and submit the plan to	342
the children's trust fund board;	343

(2) NotifyProvide effective public notice, as defined in	344
rules adopted by the department of job and family services, to	345
potential applicants about the availability of funds from the	346
children's trust fund, including an estimate of the amount of	347
money available for grants within each county or district, the	348
date of at least one public hearing, information on obtaining a	349
copy of the grant application form, and the deadline for	350
submitting grant applications;	351

(3) Review all applications received using any criteria	352
developed by the child abuse and child neglect prevention advisory	353
boardspecified in the state plan adopted by the board under	354
section 3109.17 of the Revised Code;	355

(4) Consistent with the plan developed pursuant to division	356
(F)(1) of this section, make grants to child abuse and child	357
neglect prevention programs. In making grants to child abuse and	358
child neglect prevention programs, the advisory board may consider	359
factors such as need, geographic location, diversity, coordination	360
with or improvement of existing services, maintenance of local	361
funding efforts, and extensive use of volunteers.	362

(5) Establish reporting requirements for grant recipients.

363

(G) A member of a child abuse and child neglect prevention	364
advisory board shall not participate in the development of a	365
comprehensive allocation plan under division (F)(1) of this	366
section if it is reasonable to expect that the member's judgment	367
could be affected by the member's own financial, business,	368
property, or personal interest or other conflict of interest. For	369
purposes of this division, "conflict of interest" means the taking	370
of any action that violates any applicable provision of Chapter	371
102. or 2921. of the Revised Code. Questions relating to the	372
existence of a conflict of interest pertaining to Chapter 2921. of	373
the Revised Code shall be submitted by the advisory board to the	374
local prosecuting attorney for resolution. Questions relating to	375
the existence of a conflict of interest pertaining to Chapter 102.	376
of the Revised Code shall be submitted by the advisory board to	377
the Ohio ethics commission for resolution.	378

(H) Each advisory board shall assist the children's trust	379
fund board in monitoring programs that receive money from the	380
children's trust fund and shall perform such other duties for the	381
local administration of the children's trust fund as the	382
children's trust fund board requires.	383

(H)(I) A recipient of a grant from the children's trust fund	384
shall use the grant funds only to fund primary and secondary child	385
abuse and child neglect prevention programs. Any grant funds that	386
are not spent by the recipient of the funds within the time	387
specified by the terms of the grant shall be returned to the	388
county treasurer. Any grant funds returned that are not	389
redistributed by the advisory board within the time specified by	390
the terms of the original grantstate fiscal year in which they	391
are received shall be returned to the treasurer of state. The	392
treasurer of state shall deposit such unspent moneys into the	393
children's trust fund to be spent for purposes consistent with the	394
state plan adopted under section 3109.17 of the Revised Code.	395

(I)(J) Applications for grants from the children's trust	396
fund shall be made to the advisory board on forms prescribed by	397
the department of job and family serviceschildren's trust fund	398
board.	399

(J)(K)(1) Each recipient of a children's trust fund grant	400
from an advisory board shall file with the advisory board a copy	401
of an annual report that includes the information required by the	402
advisorychildren's trust fund board.	403

(2) Each advisory board shall file with the children's trust	404
fund board a copy of an annual report regarding the county or	405
district comprehensive allocation plan that contains the	406
information required by the children's trust fund board.	407

Sec. 3701.23.  (A) The director of health shall have charge	408
of the laboratory authorized by section 3701.22 of the Revised	409
Code. The director may employ an assistant for the laboratory who	410
shall be a person skilled in chemistry and bacteriology, and	411
receive such compensation as the director may allow. All expenses	412
of such laboratory shall be paid from appropriations made for the	413
department of health.	414

(B)(1) The public health council, in accordance with Chapter	415
119. of the Revised Code, shall adopt, and may amend or rescind,	416
rules establishing reasonable fees to be charged for services that	417
the laboratory performs. The council need not prescribe fees to	418
be charged in any case where the council believes that the	419
charging of fees would significantly and adversely affect the	420
public health. Except as provided in division (B)(2) of this	421
section, allAll fees collected for services that the laboratory	422
performs shall be deposited into the state treasury to the credit	423
of the "laboratory handling fee fund," which is hereby created for	424
the purpose of defraying expenses of operating the laboratory.	425

(2) The council, in accordance with division (B)(1) of this	426
section, shall adopt a rule establishing a fee of not less than	427
fourteen dollars for tests of newborn children conducted under	428
section 3701.501 of the Revised Code. Of each such fee collected	429
on or after the rule's effective date, not less than ten dollars	430
and twenty-five cents shall be deposited into the state treasury	431
to the credit of the genetics services fund, which is hereby	432
created, and not less than three dollars and seventy-five cents	433
shall be deposited into the state treasury to the credit of the	434
sickle cell fund, which is hereby created. Not less than three	435
dollars from each fee credited to the genetics services fund shall	436
be used to defray costs of phenylketonuria programs. Not less	437
than seven dollars and twenty-five cents of each fee credited to	438
the genetics services fund shall be used to defray the costs of	439
the programs authorized by section 3701.502 of the Revised Code.	440
Money credited to the sickle cell fund shall be used to defray	441
costs of programs authorized by section 3701.131 of the Revised	442
Code.	443

Sec. 3701.501.  (A) The public health council shall adopt	444
rules in accordance with Chapter 119. of the Revised Code for	445
testing of(1) Except as provided in division (A)(2) of this	446
section, all newborn children shall be screened for the presence	447
of phenylketonuria, homocystinuria, galactosemia, and	448
hypothyroidism. The person designated in the rules shall cause a	449
child to be tested in accordance with the rules. The rules may	450
require tests for otherthe genetic, endocrine, orand metabolic	451
disorders if the following conditions are met:	452

(1) A determination is made by the public health council	453
that the disorders cause disability if undiagnosed and untreated	454
and are treatable.	455

(2) No additional blood samples or specimens are required to	456
conduct the test.	457

All tests required by this section or by rules adopted by the	458
public health council pursuant to this section shall be performed	459
by the laboratory authorized by section 3701.22 of the Revised	460
Code except that if the rules adopted by the public health council	461
under this section provide that retesting of children with	462
abnormal test results may be performed by laboratories other than	463
that laboratory, retests may be performed by any laboratory	464
approved by the director of health for that purpose.	465

Rules adopted by the public health council under this section	466
shall prescribe a method for giving notice of the proposed tests	467
and the results of the tests to the parents of the child. The	468
rules shall also prescribe a method for giving notice of the	469
proposed tests and the results of the tests to either the person	470
who caused the child to be tested, employees designated by the	471
rules of the hospital of birth, or the health commissioner for the	472
health district where the birth occurred, whichever is appropriate	473
as determined by the rules.	474

The rules also shall prescribe laboratory methods and other	475
procedures for the detection of such genetic, endocrine, and	476
metabolic disorders in newborn children, including procedures for	477
retesting and referral of children with abnormal test results.	478
With regard to tests for the presence of phenylketonuria, the	479
laboratory methods and other procedures prescribed in the rules	480
shall include any test that the council determines is effective	481
for use in detecting the disorder in children who are less than	482
forty-eight hours old.	483

(B)specified in rules, adopted pursuant to this section.

484

(2) Division (A)(1) of this section does not apply if the	485
parents of the child object thereto on the grounds that such test	486
the screening conflicts with their religious tenets and practices.	487

(B) There is hereby created the newborn screening advisory	488
council to advise the director of health regarding the screening	489
of newborn children for genetic, endocrine, and metabolic	490
disorders. The council shall engage in an ongoing review of the	491
newborn screening requirements established under this section and	492
shall provide recommendations and reports to the director as the	493
director requests and as the council considers necessary. The	494
director may assign other duties to the council, as the director	495
considers appropriate.	496

The council shall consist of fourteen members appointed by	497
the director. In making appointments, the director shall select	498
individuals and representatives of entities with interest and	499
expertise in newborn screening, including such individuals and	500
entities as health care professionals, hospitals, children's	501
hospitals, regional genetic centers, regional sickle cell centers,	502
newborn screening coordinators, and members of the public.	503

The department of health shall provide meeting space, staff	504
services, and other technical assistance required by the council	505
in carrying out its duties. Members of the council shall serve	506
without compensation, but shall be reimbursed for their actual and	507
necessary expenses incurred in attending meetings of the council	508
or performing assignments for the council.	509

The council is not subject to sections 101.82 to 101.87 of	510
the Revised Code.	511

(C)(1) The director of health shall adopt rules in	512
accordance with Chapter 119. of the Revised Code specifying the	513
disorders for which each newborn child must be screened.	514

(2) The newborn screening advisory council shall evaluate	515
genetic, metabolic, and endocrine disorders to assist the director	516
in determining which disorders should be included in the	517
screenings required under this section. In determining whether a	518
disorder should be included, the council shall consider all of the	519
following:	520

(a) The disorder’s incidence, mortality, and morbidity;

521

(b) Whether the disorder causes disability if diagnosis,	522
treatment, and early intervention are delayed;	523

(c) The potential for successful treatment of the disorder;

524

(d) The expected benefits to children and society in	525
relation to the risks and costs associated with screening for the	526
disorder;	527

(e) Whether a screening for the disorder can be conducted	528
without taking an additional blood sample or specimen.	529

(3) Based on the considerations specified in division	530
(C)(2) of this section, the council shall make recommendations to	531
the director of health for the adoption of rules under division	532
(C)(1) of this section. The director shall promptly and	533
thoroughly review each recommendation the council submits.	534

(D) The director shall adopt rules in accordance with	535
Chapter 119. of the Revised Code establishing standards and	536
procedures for the screenings required by this section. The rules	537
shall include standards and procedures for all of the following:	538

(1) Causing rescreenings to be performed when initial	539
screenings have abnormal results;	540

(2) Designating the person or persons who will be	541
responsible for causing screenings and rescreenings to be	542
performed;	543

(3) Giving to the parents of a child notice of the required	544
initial screening and the possibility that rescreenings may be	545
necessary;	546

(4) Communicating to the parents of a child the results of	547
the child's screening and any rescreenings that are performed;	548

(5) Giving notice of the results of an initial screening	549
and any rescreenings to the person who caused the child to be	550
screened or rescreened, or to another person or government entity	551
when the person who caused the child to be screened or rescreened	552
cannot be contacted;	553

(6) Referring children who receive abnormal screening or	554
rescreening results to providers of follow-up services, including	555
the services made available through funds disbursed under division	556
(F) of this section.	557

(E)(1) Except as provided in divisions (E)(2) and (3) of	558
this section, all newborn screenings required by this section	559
shall be performed by the laboratory authorized under section	560
3701.22 of the Revised Code.	561

(2) If the director determines that the laboratory	562
authorized under section 3701.22 of the Revised Code is unable to	563
perform screenings for all of the disorders specified in the rules	564
adopted under division (C) of this section, the director shall	565
select another laboratory to perform the screenings. The director	566
shall select the laboratory by issuing a request for proposals.	567
The director may accept proposals submitted by laboratories	568
located outside this state. At the conclusion of the selection	569
process, the director shall enter into a written contract with the	570
selected laboratory. If the director determines that the	571
laboratory is not complying with the terms of the contract, the	572
director shall immediately terminate the contract and another	573
laboratory shall be selected and contracted with in the same	574
manner.	575

(3) Any rescreening caused to be performed pursuant to this	576
section may be performed by the laboratory authorized by section	577
3701.22 of the Revised Code or one or more other laboratories	578
designated by the director. Any laboratory the director considers	579
qualified to perform rescreenings may be designated, including a	580
laboratory located outside this state. If more than one laboratory	581
is designated, the person responsible for causing a rescreening to	582
be performed is also responsible for selecting the laboratory to	583
be used.	584

(F)(1) The director shall adopt rules in accordance with	585
Chapter 119. of the Revised Code establishing a fee that shall be	586
charged and collected in addition to or in conjunction with any	587
laboratory fee that is charged and collected for performing the	588
screenings required by this section. The fee, which shall be not	589
less than fourteen dollars, shall be disbursed as follows:	590

(a) Not less than ten dollars and twenty-five cents shall be	591
deposited in the state treasury to the credit of the genetics	592
services fund, which is hereby created. Not less than seven	593
dollars and twenty-five cents of each fee credited to the genetics	594
services fund shall be used to defray the costs of the programs	595
authorized by section 3701.502 of the Revised Code. Not less than	596
three dollars from each fee credited to the genetics services fund	597
shall be used to defray costs of phenylketonuria programs.	598

(b) Not less than three dollars and seventy-five cents shall	599
be deposited into the state treasury to the credit of the sickle	600
cell fund, which is hereby created. Money credited to the sickle	601
cell fund shall be used to defray costs of programs authorized by	602
section 3701.131 of the Revised Code.	603

(2) In adopting rules under division (F)(1) of this section,	604
the director shall not establish a fee that differs according to	605
whether a screening is performed by the laboratory authorized	606
under section 3701.22 of the Revised Code or by another laboratory	607
selected by the director pursuant to division (E)(2) of this	608
section.	609

Section 2.  That existing sections 121.371, 3109.13, 3109.15,	610
3109.16, 3109.17, 3109.18, 3701.23, and 3701.501 of the Revised	611
Code are hereby repealed.	612