As Passed by the Senate

125th General Assembly
Regular Session
Am. Sub. H. B. No. 398

Representatives J. Stewart, Allen, Aslanides, Core, Hollister, McGregor, Redfern, Seitz, Setzer, Taylor, Willamowski, Olman, Martin, Harwood, Barrett, Cirelli, Hoops, Slaby, DeBose, Kearns, Brown, Callender, Carano, Chandler, Collier, Distel, Domenick, C. Evans, Fessler, Flowers, Gilb, Hagan, Hughes, Key, Miller, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Reidelbach, Schaffer, Schmidt, G. Smith, S. Smith, D. Stewart, Strahorn, Wilson 

Senators Wachtmann, Brady, Carey, Miller, Mumper, Roberts, Padgett 

To enact sections 5122.44 to 5122.47 of the Revised 1
Code to require the Department of Mental Health to 2
create compilations of information about patients 3
buried, entombed, or inurned in cemeteries located 4
on the grounds of or adjacent to the grounds of 5
hospitals under the Department's control.6


       Section 1. That sections 5122.44, 5122.45, 5122.46, and 7
5122.47 of the Revised Code be enacted to read as follows:8

       Sec. 5122.44.  As used in sections 5122.44 to 5122.47 of the 9
Revised Code:10

       (A) "Compilation" means a written list of the following 11
information, as the department of mental health is able to 12
reasonably ascertain, for every patient who was buried, entombed, 13
or inurned prior to the effective date of this section in a 14
cemetery located on the grounds of or adjacent to the grounds of a 15
public hospital:16

       (1) Name;17

       (2) Date of birth;18

       (3) Date of death or burial;19

       (4) Specific physical location of the burial, entombment, or 20
inurnment, including the plot or grave site number if available.21

       (B) "Patient" means an individual who died while admitted to 22
a public hospital that was under the control of the department of 23
mental health.24

       (C) "Record" has the same meaning as in section 149.011 of 25
the Revised Code.26

       (D) "State agency" means every organized body, office, or 27
agency established by the laws of the state for the exercise of 28
any function of state government.29

       Sec. 5122.45.  The department of mental health shall create a 30
separate compilation for each cemetery located on the grounds of 31
or adjacent to the grounds of a public hospital that is under the 32
control of the department on the effective date of this section. 33
The compilation shall be created within a reasonable time not 34
exceeding three years after the effective date of this section. 35
The department shall use its best efforts to create the most 36
complete compilations possible using records in the department's 37
possession and records obtained in accordance with section 5122.46 38
of the Revised Code.39

       Sec. 5122.46.  The Ohio historical society and each state 40
agency shall, at the request of the department of mental health, 41
provide the department access to records and information in the 42
possession of the historical society or state agency for purposes 43
of creating compilations.44

       Sec. 5122.47.  The department of mental health shall deposit 45
a copy of each compilation with the Ohio historical society and 46
the state library as soon as a compilation is completed. The 47
department shall not disclose any record or information used to 48
create a compilation except as provided in sections 149.43 and 49
5122.31 of the Revised Code.50