SENATORS Carnes, Harris, Stivers, Mumper

To amend sections 149.43, 339.89, 3701.03, 3701.04,

1

3701.06, 3701.07, 3701.13, 3701.14, 3701.15,

2

3701.16, 3701.17, 3701.19, 3701.22, 3701.23,

3

3701.24, 3701.241, 3701.25, 3701.34, 3701.35,

4

3701.352, 3701.501, 3701.56, 3701.57, 3701.99,

5

3707.06, 3707.99, 3715.02, 3901.46, and 4736.01;

6

to amend, for the purpose of adopting new section

7

numbers as indicated in parentheses, sections

8

3701.16 (3701.161), 3701.17 (3701.162), 3701.23

9

(3701.221), and 3707.33 (3707.38); and to enact

10

new sections 3701.16, 3701.17, and 3701.23 and

11

sections 3701.072, 3701.146, 3701.201, 3701.231,

12

3701.232, 3701.571, and 3707.34 of the Revised

13

Code to modify the powers and duties of the

14

Department of Health, Public Health Council, and

15

boards of health relative to bioterrorism and

16

other public health matters.

17

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

Section 1. That sections 149.43, 339.89, 3701.03, 3701.04,	18
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17,	19
3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25, 3701.34,	20
3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99, 3707.06,	21
3707.99, 3715.02, 3901.46, and 4736.01 be amended; sections	22
3701.16 (3701.161), 3701.17 (3701.162), 3701.23 (3701.221), and	23
3707.33 (3707.38) be amended for the purpose of adopting new	24
section numbers as indicated in parentheses; and new sections	25
3701.16, 3701.17, and 3701.23 and sections 3701.072, 3701.146,	26
3701.201, 3701.231, 3701.232, 3701.571, and 3707.34 of the Revised	27
Code be enacted to read as follows:	28

Sec. 149.43.  (A) As used in this section:

29

(1) "Public record" means records kept by any public office,	30
including, but not limited to, state, county, city, village,	31
township, and school district units, and records pertaining to the	32
delivery of educational services by an alternative school in Ohio	33
kept by a nonprofit or for profit entity operating such	34
alternative school pursuant to section 3313.533 of the Revised	35
Code. "Public record" does not mean any of the following:	36

(a) Medical records;

37

(b) Records pertaining to probation and parole proceedings or	38
to proceedings related to the imposition of community control	39
sanctions and post-release control sanctions;	40

(c) Records pertaining to actions under section 2151.85 and	41
division (C) of section 2919.121 of the Revised Code and to	42
appeals of actions arising under those sections;	43

(d) Records pertaining to adoption proceedings, including the	44
contents of an adoption file maintained by the department of	45
health under section 3705.12 of the Revised Code;	46

(e) Information in a record contained in the putative father	47
registry established by section 3107.062 of the Revised Code,	48
regardless of whether the information is held by the department of	49
job and family services or, pursuant to section 3111.69 of the	50
Revised Code, the office of child support in the department or a	51
child support enforcement agency;	52

(f) Records listed in division (A) of section 3107.42 of the	53
Revised Code or specified in division (A) of section 3107.52 of	54
the Revised Code;	55

(g) Trial preparation records;

56

(h) Confidential law enforcement investigatory records;

57

(i) Records containing information that is confidential under	58
section 2317.023 or 4112.05 of the Revised Code;	59

(j) DNA records stored in the DNA database pursuant to	60
section 109.573 of the Revised Code;	61

(k) Inmate records released by the department of	62
rehabilitation and correction to the department of youth services	63
or a court of record pursuant to division (E) of section 5120.21	64
of the Revised Code;	65

(l) Records maintained by the department of youth services	66
pertaining to children in its custody released by the department	67
of youth services to the department of rehabilitation and	68
correction pursuant to section 5139.05 of the Revised Code;	69

(m) Intellectual property records;

70

(n) Donor profile records;

71

(o) Records maintained by the department of job and family	72
services pursuant to section 3121.894 of the Revised Code;	73

(p) Peace officer, firefighter, or EMT residential and	74
familial information;	75

(q) In the case of a county hospital operated pursuant to	76
Chapter 339. of the Revised Code, information that constitutes a	77
trade secret, as defined in section 1333.61 of the Revised Code;	78

(r) Information pertaining to the recreational activities of	79
a person under the age of eighteen;	80

(s) Records provided to, statements made by review board	81
members during meetings of, and all work products of a child	82
fatality review board acting under sections 307.621 to 307.629 of	83
the Revised Code, other than the report prepared pursuant to	84
section 307.626 of the Revised Code;	85

(t) Records provided to and statements made by the executive	86
director of a public children services agency or a prosecuting	87
attorney acting pursuant to section 5153.171 of the Revised Code	88
other than the information released under that section;	89

(u) Test materials, examinations, or evaluation tools used in	90
an examination for licensure as a nursing home administrator that	91
the board of examiners of nursing home administrators administers	92
under section 4751.04 of the Revised Code or contracts under that	93
section with a private or government entity to administer;	94

(v) Records the release of which is prohibited by state or	95
federal law;	96

(w) Proprietary information of or relating to any person that	97
is submitted to or compiled by the Ohio venture capital authority	98
created under section 150.01 of the Revised Code;	99

(x) Information reported and evaluations conducted pursuant	100
to section 3701.072 of the Revised Code.	101

(2) "Confidential law enforcement investigatory record" means	102
any record that pertains to a law enforcement matter of a	103
criminal, quasi-criminal, civil, or administrative nature, but	104
only to the extent that the release of the record would create a	105
high probability of disclosure of any of the following:	106

(a) The identity of a suspect who has not been charged with	107
the offense to which the record pertains, or of an information	108
source or witness to whom confidentiality has been reasonably	109
promised;	110

(b) Information provided by an information source or witness	111
to whom confidentiality has been reasonably promised, which	112
information would reasonably tend to disclose the source's or	113
witness's identity;	114

(c) Specific confidential investigatory techniques or	115
procedures or specific investigatory work product;	116

(d) Information that would endanger the life or physical	117
safety of law enforcement personnel, a crime victim, a witness, or	118
a confidential information source.	119

(3) "Medical record" means any document or combination of	120
documents, except births, deaths, and the fact of admission to or	121
discharge from a hospital, that pertains to the medical history,	122
diagnosis, prognosis, or medical condition of a patient and that	123
is generated and maintained in the process of medical treatment.	124

(4) "Trial preparation record" means any record that contains	125
information that is specifically compiled in reasonable	126
anticipation of, or in defense of, a civil or criminal action or	127
proceeding, including the independent thought processes and	128
personal trial preparation of an attorney.	129

(5) "Intellectual property record" means a record, other than	130
a financial or administrative record, that is produced or	131
collected by or for faculty or staff of a state institution of	132
higher learning in the conduct of or as a result of study or	133
research on an educational, commercial, scientific, artistic,	134
technical, or scholarly issue, regardless of whether the study or	135
research was sponsored by the institution alone or in conjunction	136
with a governmental body or private concern, and that has not been	137
publicly released, published, or patented.	138

(6) "Donor profile record" means all records about donors or	139
potential donors to a public institution of higher education	140
except the names and reported addresses of the actual donors and	141
the date, amount, and conditions of the actual donation.	142

(7) "Peace officer, firefighter, or EMT residential and	143
familial information" means either of the following:	144

(a) Any information maintained in a personnel record of a	145
peace officer, firefighter, or EMT that discloses any of the	146
following:	147

(i) The address of the actual personal residence of a peace	148
officer, firefighter, or EMT, except for the state or political	149
subdivision in which the peace officer, firefighter, or EMT	150
resides;	151

(ii) Information compiled from referral to or participation	152
in an employee assistance program;	153

(iii) The social security number, the residential telephone	154
number, any bank account, debit card, charge card, or credit card	155
number, or the emergency telephone number of, or any medical	156
information pertaining to, a peace officer, firefighter, or EMT;	157

(iv) The name of any beneficiary of employment benefits,	158
including, but not limited to, life insurance benefits, provided	159
to a peace officer, firefighter, or EMT by the peace officer's,	160
firefighter's, or EMT's employer;	161

(v) The identity and amount of any charitable or employment	162
benefit deduction made by the peace officer's, firefighter's, or	163
EMT's employer from the peace officer's, firefighter's, or EMT's	164
compensation unless the amount of the deduction is required by	165
state or federal law;	166

(vi) The name, the residential address, the name of the	167
employer, the address of the employer, the social security number,	168
the residential telephone number, any bank account, debit card,	169
charge card, or credit card number, or the emergency telephone	170
number of the spouse, a former spouse, or any child of a peace	171
officer, firefighter, or EMT.	172

(b) Any record that identifies a person's occupation as a	173
peace officer, firefighter, or EMT other than statements required	174
to include the disclosure of that fact under the campaign finance	175
law.	176

As used in divisions (A)(7) and (B)(5) of this section,	177
"peace officer" has the same meaning as in section 109.71 of the	178
Revised Code and also includes the superintendent and troopers of	179
the state highway patrol; it does not include the sheriff of a	180
county or a supervisory employee who, in the absence of the	181
sheriff, is authorized to stand in for, exercise the authority of,	182
and perform the duties of the sheriff.	183

As used in divisions (A)(7) and (B)(5) of this section,	184
"firefighter" means any regular, paid or volunteer, member of a	185
lawfully constituted fire department of a municipal corporation,	186
township, fire district, or village.	187

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	188
means EMTs-basic, EMTs-I, and paramedics that provide emergency	189
medical services for a public emergency medical service	190
organization. "Emergency medical service organization,"	191
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	192
section 4765.01 of the Revised Code.	193

(8) "Information pertaining to the recreational activities of	194
a person under the age of eighteen" means information that is kept	195
in the ordinary course of business by a public office, that	196
pertains to the recreational activities of a person under the age	197
of eighteen years, and that discloses any of the following:	198

(a) The address or telephone number of a person under the age	199
of eighteen or the address or telephone number of that person's	200
parent, guardian, custodian, or emergency contact person;	201

(b) The social security number, birth date, or photographic	202
image of a person under the age of eighteen;	203

(c) Any medical record, history, or information pertaining to	204
a person under the age of eighteen;	205

(d) Any additional information sought or required about a	206
person under the age of eighteen for the purpose of allowing that	207
person to participate in any recreational activity conducted or	208
sponsored by a public office or to use or obtain admission	209
privileges to any recreational facility owned or operated by a	210
public office.	211

(9) "Community control sanction" has the same meaning as in	212
section 2929.01 of the Revised Code.	213

(10) "Post-release control sanction" has the same meaning as	214
in section 2967.01 of the Revised Code.	215

(B)(1) Subject to division (B)(4) of this section, all public	216
records shall be promptly prepared and made available for	217
inspection to any person at all reasonable times during regular	218
business hours. Subject to division (B)(4) of this section, upon	219
request, a public office or person responsible for public records	220
shall make copies available at cost, within a reasonable period of	221
time. In order to facilitate broader access to public records,	222
public offices shall maintain public records in a manner that they	223
can be made available for inspection in accordance with this	224
division.	225

(2) If any person chooses to obtain a copy of a public record	226
in accordance with division (B)(1) of this section, the public	227
office or person responsible for the public record shall permit	228
that person to choose to have the public record duplicated upon	229
paper, upon the same medium upon which the public office or person	230
responsible for the public record keeps it, or upon any other	231
medium upon which the public office or person responsible for the	232
public record determines that it reasonably can be duplicated as	233
an integral part of the normal operations of the public office or	234
person responsible for the public record. When the person seeking	235
the copy makes a choice under this division, the public office or	236
person responsible for the public record shall provide a copy of	237
it in accordance with the choice made by the person seeking the	238
copy.	239

(3) Upon a request made in accordance with division (B)(1) of	240
this section, a public office or person responsible for public	241
records shall transmit a copy of a public record to any person by	242
United States mail within a reasonable period of time after	243
receiving the request for the copy. The public office or person	244
responsible for the public record may require the person making	245
the request to pay in advance the cost of postage and other	246
supplies used in the mailing.	247

Any public office may adopt a policy and procedures that it	248
will follow in transmitting, within a reasonable period of time	249
after receiving a request, copies of public records by United	250
States mail pursuant to this division. A public office that adopts	251
a policy and procedures under this division shall comply with them	252
in performing its duties under this division.	253

In any policy and procedures adopted under this division, a	254
public office may limit the number of records requested by a	255
person that the office will transmit by United States mail to ten	256
per month, unless the person certifies to the office in writing	257
that the person does not intend to use or forward the requested	258
records, or the information contained in them, for commercial	259
purposes. For purposes of this division, "commercial" shall be	260
narrowly construed and does not include reporting or gathering	261
news, reporting or gathering information to assist citizen	262
oversight or understanding of the operation or activities of	263
government, or nonprofit educational research.	264

(4) A public office or person responsible for public records	265
is not required to permit a person who is incarcerated pursuant to	266
a criminal conviction or a juvenile adjudication to inspect or to	267
obtain a copy of any public record concerning a criminal	268
investigation or prosecution or concerning what would be a	269
criminal investigation or prosecution if the subject of the	270
investigation or prosecution were an adult, unless the request to	271
inspect or to obtain a copy of the record is for the purpose of	272
acquiring information that is subject to release as a public	273
record under this section and the judge who imposed the sentence	274
or made the adjudication with respect to the person, or the	275
judge's successor in office, finds that the information sought in	276
the public record is necessary to support what appears to be a	277
justiciable claim of the person.	278

(5) Upon written request made and signed by a journalist on	279
or after December 16, 1999, a public office, or person responsible	280
for public records, having custody of the records of the agency	281
employing a specified peace officer, firefighter, or EMT shall	282
disclose to the journalist the address of the actual personal	283
residence of the peace officer, firefighter or EMT and, if the	284
peace officer's, firefighter's or EMT's spouse, former spouse, or	285
child is employed by a public office, the name and address of the	286
employer of the peace officer's, firefighter's, or EMT's spouse,	287
former spouse, or child. The request shall include the	288
journalist's name and title and the name and address of the	289
journalist's employer and shall state that disclosure of the	290
information sought would be in the public interest.	291

As used in division (B)(5) of this section, "journalist"	292
means a person engaged in, connected with, or employed by any news	293
medium, including a newspaper, magazine, press association, news	294
agency, or wire service, a radio or television station, or a	295
similar medium, for the purpose of gathering, processing,	296
transmitting, compiling, editing, or disseminating information for	297
the general public.	298

(C) If a person allegedly is aggrieved by the failure of a	299
public office to promptly prepare a public record and to make it	300
available to the person for inspection in accordance with division	301
(B) of this section, or if a person who has requested a copy of a	302
public record allegedly is aggrieved by the failure of a public	303
office or the person responsible for the public record to make a	304
copy available to the person allegedly aggrieved in accordance	305
with division (B) of this section, the person allegedly aggrieved	306
may commence a mandamus action to obtain a judgment that orders	307
the public office or the person responsible for the public record	308
to comply with division (B) of this section and that awards	309
reasonable attorney's fees to the person that instituted the	310
mandamus action. The mandamus action may be commenced in the court	311
of common pleas of the county in which division (B) of this	312
section allegedly was not complied with, in the supreme court	313
pursuant to its original jurisdiction under Section 2 of Article	314
IV, Ohio Constitution, or in the court of appeals for the	315
appellate district in which division (B) of this section allegedly	316
was not complied with pursuant to its original jurisdiction under	317
Section 3 of Article IV, Ohio Constitution.	318

(D) Chapter 1347. of the Revised Code does not limit the	319
provisions of this section.	320

(E)(1) The bureau of motor vehicles may adopt rules pursuant	321
to Chapter 119. of the Revised Code to reasonably limit the number	322
of bulk commercial special extraction requests made by a person	323
for the same records or for updated records during a calendar	324
year. The rules may include provisions for charges to be made for	325
bulk commercial special extraction requests for the actual cost of	326
the bureau, plus special extraction costs, plus ten per cent. The	327
bureau may charge for expenses for redacting information, the	328
release of which is prohibited by law.	329

(2) As used in divisions (B)(3) and (E)(1) of this section:

330

(a) "Actual cost" means the cost of depleted supplies,	331
records storage media costs, actual mailing and alternative	332
delivery costs, or other transmitting costs, and any direct	333
equipment operating and maintenance costs, including actual costs	334
paid to private contractors for copying services.	335

(b) "Bulk commercial special extraction request" means a	336
request for copies of a record for information in a format other	337
than the format already available, or information that cannot be	338
extracted without examination of all items in a records series,	339
class of records, or data base by a person who intends to use or	340
forward the copies for surveys, marketing, solicitation, or resale	341
for commercial purposes. "Bulk commercial special extraction	342
request" does not include a request by a person who gives	343
assurance to the bureau that the person making the request does	344
not intend to use or forward the requested copies for surveys,	345
marketing, solicitation, or resale for commercial purposes.	346

(c) "Commercial" means profit-seeking production, buying, or	347
selling of any good, service, or other product.	348

(d) "Special extraction costs" means the cost of the time	349
spent by the lowest paid employee competent to perform the task,	350
the actual amount paid to outside private contractors employed by	351
the bureau, or the actual cost incurred to create computer	352
programs to make the special extraction. "Special extraction	353
costs" include any charges paid to a public agency for computer or	354
records services.	355

(3) For purposes of divisions (E)(1) and (2) of this section,	356
"commercial surveys, marketing, solicitation, or resale" shall be	357
narrowly construed and does not include reporting or gathering	358
news, reporting or gathering information to assist citizen	359
oversight or understanding of the operation or activities of	360
government, or nonprofit educational research.	361

Sec. 339.89.  Sections 339.71 to 339.88 of the Revised Code,	362
and the rules for tuberculosis adopted under section 3701.14	363
3701.146 of the Revised Code, do not require a person to undergo	364
testing, medical treatment, or detention in a hospital or other	365
place for treatment if the person, or, in the case of a child, the	366
child's parents, rely exclusively on spiritual treatment through	367
prayer, in lieu of medical treatment, in accordance with a	368
recognized, religious method of healing. The person may be	369
quarantined or otherwise safely isolated in the home or another	370
place that is suitable to the health of the person and has been	371
approved by the tuberculosis control unit as a place that provides	372
appropriate protection to other persons and the community.	373

Sec. 3701.03. (A) The director of health shall perform such	374
duties asthat are incident to histhe director's position as	375
chief executive officer of the department of health. HeThe	376
director shall administer the laws relating to health and	377
sanitation and the regulationsrules of the department of health.	378
HeThe director may designate employees of the department and,	379
during a public health emergency, other persons to administer the	380
laws and rules on the director's behalf.	381

(B) Nothing in this section authorizes any action that	382
prevents the fulfillment of duties or impairs the exercise of	383
authority established by law for any other person or entity.	384

(C) The director shall prepare sanitary and public health	385
regulationsrules for consideration by the public health council	386
and shall submit to saidthe council recommendations for new	387
legislation. The director shall sit at meetings of the council but	388
shall have no vote.	389

Sec. 3701.04.  (A) The director of health shall:

390

(1) Require such reports and make such inspections and	391
investigations asthat the director considers necessary;	392

(2) Provide such methods of administration, appoint such	393
personnel, make such reports, and take such other action as may be	394
necessary to comply with the requirements of the federal act	395
"Construction and Modernization of Hospitals and Other Medical	396
Facilities Act," Title VI of the "Public Health Service Act," 60	397
Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the regulations	398
thereunderadopted under that act;	399

(3) Procure by contract the temporary or intermittent	400
services of experts or, consultants, or organizations thereof when	401
suchthose services are to be performed on a part-time or	402
fee-for-service basis and do not involve the performance of	403
administrative duties;	404

(4) Enter into agreements for the utilization of the	405
facilities and services of other departments, agencies, and	406
institutions, public or private;	407

(5) On behalf of the state, solicit, accept, hold,	408
administer, and deposit in the state treasury to the credit of the	409
general operations fund created in section 3701.83 of the Revised	410
Code, any grant, gift, devise, bequest, or contribution made to	411
assist in meeting the cost of carrying out the director's	412
responsibilities and expend the grant, gift, devicedevise,	413
bequest, or contribution for the purpose for which made. Fees	414
collected by the director in connection with meetings and	415
conferences shall also be credited to the fund and expended for	416
the purposes for which paid.	417

(6) Make an annual report to the governor on activities and	418
expenditures, including recommendations for such additional	419
legislation as the director considers appropriate to furnish	420
adequate hospital, clinic, and similar facilities to the people of	421
this state.	422

(B) The director of health may enter into agreements to sell	423
services offered by the department of health to boards of health	424
of city and general health districts and to other departments,	425
agencies, and institutions of thethis state, other states, or the	426
United States. Fees collected by the director for the sale of	427
services under this division shall be deposited into the state	428
treasury to the credit of the general operations fund created in	429
section 3701.83 of the Revised Code.	430

Sec. 3701.06. The director of health and any person	431
authorized by himthe director authorizes may, without fee or	432
hindrance, enter, examine, and survey all grounds, vehicles,	433
apartments, buildings, and places in furtherance of any duty laid	434
upon the director or department of health or where hethe director	435
has reason to believe there exists a violation of any health law	436
or of the sanitary coderule.	437

Sec. 3701.07.  (A) The public health council shall adopt	438
rules in accordance with Chapter 119. of the Revised Code defining	439
and classifying hospitals and dispensaries and providing for the	440
reporting of information by hospitals and dispensaries. TheExcept	441
as otherwise provided in the Revised Code, the rules providing for	442
the reporting of information shall not require inclusion of any	443
confidential patient data or any information concerning the	444
financial condition, income, expenses, or net worth of the	445
facilities other than that financial information already contained	446
in those portions of the medicare or medicaid cost report that is	447
necessary for the department of health to certify the per diem	448
cost under section 3701.62 of the Revised Code. The rules may	449
require the reporting of information in the following categories:	450

(1) Information needed to identify and classify the	451
institution;	452

(2) Information on facilities and type and volume of services	453
provided by the institution;	454

(3) The number of beds listed by category of care provided;

455

(4) The number of licensed or certified professional	456
employees by classification;	457

(5) The number of births that occurred at the institution the	458
previous calendar year;	459

(6) Any other information that the council considers relevant	460
to the safety of patients served by the institution.	461

Every hospital and dispensary, public or private, annually	462
shall register with and report to the department of health.	463
Reports shall be submitted in the manner prescribed in rulerules	464
adopted under this division.	465

(B) Every governmental entity or private nonprofit	466
corporation or association whose employees or representatives are	467
defined as residents' rights advocates under divisions (E)(1) and	468
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	469
the Revised Code shall register with the department of health on	470
forms furnished by the director of health and shall provide such	471
reasonable identifying information as the director may prescribe.	472

The department shall compile a list of the governmental	473
entities, corporations, or associations registering under this	474
division and shall update the list annually. Copies of the list	475
shall be made available to nursing home administrators as defined	476
in division (C) of section 3721.10 of the Revised Code and to	477
adult care facility managers as defined in section 3722.01 of the	478
Revised Code.	479

(C) Every governmental entity or private nonprofit	480
corporation or association whose employees or representatives act	481
as residents' rights advocates for community alternative homes	482
pursuant to section 3724.08 of the Revised Code shall register	483
with the department of health on forms furnished by the director	484
of health and shall provide such reasonable identifying	485
information as the director may prescribe.	486

The department shall compile a list of the governmental	487
entities, corporations, and associations registering under this	488
division and shall update the list annually. Copies of the list	489
shall be made available to operators or residence managers of	490
community alternative homes as defined in section 3724.01 of the	491
Revised Code.	492

Sec. 3701.072. (A) As used in this chapter:

493

(1) "Bioterrorism" has the same meaning as in section	494
3701.232 of the Revised Code.	495

(2) "Surveillance" in the public health service means the	496
systematic collection, analysis, interpretation, and dissemination	497
of health data on an ongoing basis, to gain knowledge of the	498
pattern of disease occurrence and potential in a community in	499
order to control and prevent disease in the community.	500

(3) "Trauma center" has the same meaning as in section	501
4765.01 of the Revised Code.	502

(B) The public health council shall adopt rules in accordance	503
with Chapter 119. of the Revised Code that require a trauma center	504
to report information to the director of health describing the	505
trauma center's preparedness and capacity to respond to disasters,	506
mass casualties, and bioterrorism. The council's rules may require	507
the reporting of any information the council considers necessary	508
for an accurate description of a trauma center's preparedness and	509
capacity to respond to disasters, mass casualties, and	510
bioterrorism. Information reported pursuant to this division is	511
not a public record under section 149.43 of the Revised Code.	512

(C) Upon request, the department of health shall provide a	513
summary report of the public health council's rules adopted	514
pursuant to this section.	515

(D) The director shall review all information received	516
pursuant to this section. After reviewing the information, the	517
director may conduct an evaluation of a trauma center's	518
preparedness and capacity to respond to disasters, mass	519
casualties, and bioterrorism. An evaluation conducted pursuant to	520
this division is not a public record under section 149.43 of the	521
Revised Code.	522

Sec. 3701.13.  The department of health shall have	523
supervision of all matters relating to the preservation of the	524
life and health of the people and have supremeultimate authority	525
in matters of quarantine and isolation, which it may declare and	526
enforce, when noneneither exists, and modify, relax, or abolish,	527
when iteither has been established. It may approve means of	528
immunization against mumps, poliomyelitis, rubeola, diphtheria,	529
rubella (German measles), pertussis, tetanus, and hepatitis B for	530
the purpose of carrying out the provisions of section 3313.671 of	531
the Revised Code and take such actions as are necessary to	532
encourage vaccination against those diseases. It may make special	533
or standing orders or rules for preventing the use of fluoroscopes	534
for nonmedical purposes which emit doses of radiation likely to be	535
harmful to any person, for preventing the spread of contagious or	536
infectious diseases, for governing the receipt and conveyance of	537
remains of deceased persons, and for such other sanitary matters	538
as are best controlled by a general rule. Whenever possible, the	539
department shall work in cooperation with the health commissioner	540
of a general or city health district. It may make and enforce	541
orders in local matters when an emergency exists, or when the	542
board of health of a general or city health district has neglected	543
or refused to act with sufficient promptness or efficiency, or	544
when such board has not been established as provided by sections	545
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	546
of the Revised Code. In such cases the necessary expense incurred	547
shall be paid by the general health district or city for which the	548
services are rendered.	549

The department may make evaluative studies of the nutritional	550
status of Ohio residents, and of the food and nutrition-related	551
programs operating within the state. Every agency of the state, at	552
the request of the department, shall provide information and	553
otherwise assist in the execution of such studies.	554

Sec. 3701.14. (A) The director of health shall investigate or	555
make inquiry as to the cause of disease, especially whenor	556
illness, including contagious, infectious, epidemic, pandemic, or	557
endemic conditions, and take prompt action to control and suppress	558
it. The reports of births and deaths, the sanitary conditions and	559
effects of localities and employments, the personal and business	560
habits of the people that affect their health, and the relation of	561
the diseases of man and beast, shall be subjects of study by the	562
director. The director may make and execute orders necessary to	563
protect the people against diseases of lower animals, and shall	564
collect and preserve information in respect to such matters and	565
kindred subjects as may be useful in the discharge of the	566
director's duties, and for dissemination among the people. When	567
called upon by the state or local governments, or the board of	568
health of a general or city health district, the director shall	569
promptly investigate and report upon the water supply, sewerage,	570
disposal of excreta of any locality, and the heating, plumbing,	571
and ventilation of a public building.	572

(B) With regard to tuberculosis, the following apply:

573

(1) The director shall make payments to boards of county	574
commissioners in accordance with section 339.77 of the Revised	575
Code;	576

(2) The director shall maintain registries of hospitals,	577
clinics, physicians, or other care providers to whom the director	578
shall refer persons who make inquiries to the department of health	579
regarding possible exposure to tuberculosis;	580

(3) The director shall engage in tuberculosis surveillance	581
activities, including the collection and analysis of	582
epidemiological information relative to the frequency of	583
tuberculosis infection, demographic and geographic distribution of	584
tuberculosis cases, and trends pertaining to tuberculosis;	585

(4) The director shall maintain a tuberculosis registry to	586
record the incidence of tuberculosis in this state;	587

(5) The director may appoint physicians to serve as	588
tuberculosis consultants for geographic regions of the state	589
specified by the director. Each tuberculosis consultant shall act	590
in accordance with guidelines established by the director and	591
shall be responsible for advising and assisting physicians and	592
other health care practitioners who participate in tuberculosis	593
control activities and for reviewing medical records pertaining to	594
the treatment provided to individuals with tuberculosis.	595

(6) The public health council shall adopt rules establishing	596
standards for the following:	597

(a) Performing tuberculosis screenings;

598

(b) Performing examinations of individuals who have been	599
exposed to tuberculosis and individuals who are suspected of	600
having tuberculosis;	601

(c) Providing treatment to individuals with tuberculosis;

602

(d) Methods of preventing individuals with communicable	603
tuberculosis from infecting other individuals;	604

(e) Performing laboratory tests for tuberculosis and studies	605
of the resistance of tuberculosis to one or more drugs;	606

(f) Selecting laboratories that provide in a timely fashion	607
the results of a laboratory test for tuberculosis. The standards	608
shall include a requirement that first consideration be given to	609
laboratories located in this state.	610

The rules shall be adopted in accordance with Chapter 119. of	611
the Revised Code and shall be consistent with any recommendations	612
or guidelines on tuberculosis issued by the United States centers	613
for disease control and prevention or by the American thoracic	614
society. The rules shall apply to county or district tuberculosis	615
control units, physicians who examine and treat individuals for	616
tuberculosis, and laboratories that perform tests for tuberculosis	617
Information obtained during an investigation or inquiry that the	618
director currently is conducting pursuant to division (A) of this	619
section and that is not yet complete is confidential during the	620
course of that investigation or inquiry and shall not be released	621
except pursuant to division (D) or (J) of this section or under	622
one of the following conditions:	623

(1) The confidential information is released pursuant to a	624
search warrant or subpoena issued by or at the request of a grand	625
jury or prosecutor, as defined in section 2935.01 of the Revised	626
Code.	627

(2) The director has entered into a written agreement to	628
share or exchange the information with a person or government	629
entity, and that agreement requires the person or entity to comply	630
with the confidentiality requirements established under this	631
section.	632

(3) The information is contained in a preliminary report	633
released by the director pursuant to division (G)(1) of this	634
section.	635

(C) Division (B) of this section applies during any	636
investigation or inquiry the director makes pursuant to division	637
(A) of this section, notwithstanding any other provision of the	638
Revised Code that establishes the manner of maintaining	639
confidentiality or the release of information, except that the	640
confidentiality and release of protected health information under	641
section 3701.17 of the Revised Code is governed by that section.	642

(D) Nothing in this section bars the release of information	643
that is in summary, statistical, or aggregate form and that does	644
not identify a person. Information that is in summary,	645
statistical, or aggregate form and that does not identify a person	646
is a public record under section 149.43 of the Revised Code.	647

(E) Nothing in this section authorizes the director to	648
conduct an independent criminal investigation without the consent	649
of each local law enforcement agency with jurisdiction to conduct	650
the criminal investigation.	651

(F) Except for information released pursuant to division (G)	652
or (J) of this section, any disclosure pursuant to this section	653
shall be in writing and accompanied by a written statement that	654
includes the following or substantially similar language: "This	655
information has been disclosed to you from confidential records	656
protected from disclosure by state law. If this information has	657
been released to you in other than a summary, statistical, or	658
aggregate form, you shall make no further disclosure of this	659
information without the specific, written, and informed release of	660
the person to whom it pertains, or as otherwise permitted by state	661
law. A general authorization for the release of medical or other	662
information is not sufficient for the release of information	663
pursuant to this section."	664

(G)(1) If an investigation or inquiry the director currently	665
is conducting pursuant to division (A) of this section is not	666
completed within six months after the date of commencement, the	667
director shall prepare and release a report containing preliminary	668
findings. Every six months thereafter, the director shall prepare	669
and release a supplementary preliminary report until such time as	670
the investigation or inquiry is completed.	671

(2) Upon completion of an investigation or inquiry conducted	672
pursuant to division (A) of this section, the director shall	673
prepare and release a final report containing the director's	674
findings.	675

(H) No report prepared by the director pursuant to this	676
section shall contain protected health information, as defined in	677
section 3701.17 of the Revised Code.	678

(I) The director shall adopt, in accordance with Chapter 119.	679
of the Revised Code, rules establishing the manner in which the	680
reports prepared by the director pursuant to this section are to	681
be released.	682

(J) The director shall release information obtained during an	683
investigation or inquiry that the director currently is conducting	684
pursuant to division (A) of this section and that is not yet	685
complete, if the director determines the release of the	686
information is necessary, based on an evaluation of relevant	687
information, to avert or mitigate a clear threat to an individual	688
or to the public health. Information released pursuant to this	689
division shall be limited to the release of the information to	690
those persons necessary to control, prevent, or mitigate disease	691
or illness.	692

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	693
the director of health has all of the following duties and powers:	694

(1) The director shall make payments to boards of county	695
commissioners in accordance with section 339.77 of the Revised	696
Code.	697

(2) The director shall maintain registries of hospitals,	698
clinics, physicians, or other care providers to whom the director	699
shall refer persons who make inquiries to the department of health	700
regarding possible exposure to tuberculosis.	701

(3) The director shall engage in tuberculosis surveillance	702
activities, including the collection and analysis of	703
epidemiological information relative to the frequency of	704
tuberculosis infection, demographic and geographic distribution of	705
tuberculosis cases, and trends pertaining to tuberculosis.	706

(4) The director shall maintain a tuberculosis registry to	707
record the incidence of tuberculosis in this state.	708

(5) The director may appoint physicians to serve as	709
tuberculosis consultants for geographic regions of the state	710
specified by the director. Each tuberculosis consultant shall act	711
in accordance with rules the director establishes and shall be	712
responsible for advising and assisting physicians and other health	713
care practitioners who participate in tuberculosis control	714
activities and for reviewing medical records pertaining to the	715
treatment provided to individuals with tuberculosis.	716

(B)(1) The public health council shall adopt rules	717
establishing standards for the following:	718

(a) Performing tuberculosis screenings;

719

(b) Performing examinations of individuals who have been	720
exposed to tuberculosis and individuals who are suspected of	721
having tuberculosis;	722

(c) Providing treatment to individuals with tuberculosis;

723

(d) Preventing individuals with communicable tuberculosis	724
from infecting other individuals;	725

(e) Performing laboratory tests for tuberculosis and studies	726
of the resistance of tuberculosis to one or more drugs;	727

(f) Selecting laboratories that provide in a timely fashion	728
the results of a laboratory test for tuberculosis. The standards	729
shall include a requirement that first consideration be given to	730
laboratories located in this state.	731

(2) Rules adopted pursuant to this section shall be adopted	732
in accordance with Chapter 119. of the Revised Code and may be	733
consistent with any recommendations or guidelines on tuberculosis	734
issued by the United States centers for disease control and	735
prevention or by the American thoracic society. The rules shall	736
apply to county or district tuberculosis control units, physicians	737
who examine and treat individuals for tuberculosis, and	738
laboratories that perform tests for tuberculosis.	739

Sec. 3701.15.  Each year, the director of health shall make a	740
report to the governor, which shall include so much of the	741
proceedings of the department of health, such information	742
concerning vital statistics and diseases, such instructions on the	743
subject of hygiene for dissemination among the people and such	744
suggestions as to legislation, as hethe director deems proper.	745
The director shall include in histhe director's annual report a	746
full statement of all examinations made in the department's	747
chemical and bacteriologicalpublic health laboratory authorized	748
by section 3701.22 of the Revised Code, with a detailed account of	749
all expenses.	750

Sec. 3701.16. The director of health may purchase, store, and	751
distribute antitoxins, serums, vaccines, immunizing agents,	752
antibiotics, and other pharmaceutical agents or medical supplies	753
that the director deems advisable in the interest of preparing for	754
or responding to a public health emergency. The discretion granted	755
to the director by this section does not relieve the director of	756
the duty to act under section 3701.161 of the Revised Code.	757

Sec. 3701.16.        Sec. 3701.161.  The director of health shall make	758
necessary arrangements for the production and distribution of	759
diphtheria antitoxin. Such antitoxin shall in all respects be	760
equal in purity and potency to the standard of requirements of the	761
United States public health service for antitoxin for interstate	762
commerce. Diphtheria antitoxin shall be distributed in accordance	763
with such rules and regulations as may be adopted by the public	764
health council adopts pursuant to Chapter 119. of the Revised	765
Code.	766

Sec. 3701.17.        Sec. 3701.162.  Any licensed physician practicing in	767
thethis state, or the superintendent of any state or county	768
institution, may receive without charge suchthe quantities of	769
antitoxin as hethe physician or superintendent requires for the	770
treatment or prevention of diphtheria in indigent persons,	771
provided such antitoxin shall be used only for persons residing in	772
the state, and that a sufficient supply is available for	773
distribution.	774

Sec. 3701.17. (A) As used in this section:

775

(1) "Prosecutor" has the same meaning as in section 2935.01	776
of the Revised Code.	777

(2) "Protected health information" means information, in any	778
form, including oral, written, electronic, visual, pictorial, or	779
physical that describes an individual's past, present, or future	780
physical or mental health status or condition, receipt of	781
treatment or care, or purchase of health products, if either of	782
the following applies:	783

(a) The information reveals the identity of the individual	784
who is the subject of the information.	785

(b) The information could be used to reveal the identity of	786
the individual who is the subject of the information, either by	787
using the information alone or with other information that is	788
available to predictable recipients of the information.	789

(B) Protected health information reported to or obtained by	790
the director of health, the department of health, or a board of	791
health of a city or general health district is confidential and	792
shall not be released without the written consent of the	793
individual who is the subject of the information unless the	794
information is released pursuant to division (C) of this section	795
or one of the following applies:	796

(1) The release of the information is necessary to provide	797
treatment to the individual and the information is released	798
pursuant to a written agreement that requires the recipient of the	799
information to comply with the confidentiality requirements	800
established under this section.	801

(2) The release of the information is necessary to ensure the	802
accuracy of the information and the information is released	803
pursuant to a written agreement that requires the recipient of the	804
information to comply with the confidentiality requirements	805
established under this section.	806

(3) The information is released pursuant to a search warrant	807
or subpoena issued by or at the request of a grand jury or	808
prosecutor in connection with a criminal investigation or	809
prosecution.	810

(4) The director determines the release of the information is	811
necessary, based on an evaluation of relevant information, to	812
avert or mitigate a clear threat to an individual or to the public	813
health. Information may be released pursuant to this division only	814
to those persons or entities necessary to control, prevent, or	815
mitigate disease.	816

(C) Information that does not identify an individual is not	817
protected health information and may be released in summary,	818
statistical, or aggregate form. Information that is in a summary,	819
statistical, or aggregate form and that does not identify an	820
individual is a public record under section 149.43 of the Revised	821
Code and, upon request, shall be released by the director.	822

(D) Except for information released pursuant to division	823
(B)(4) of this section, any disclosure pursuant to this section	824
shall be in writing and accompanied by a written statement that	825
includes the following or substantially similar language: "This	826
information has been disclosed to you from confidential records	827
protected from disclosure by state law. If this information has	828
been released to you in other than a summary, statistical, or	829
aggregate form, you shall make no further disclosure of this	830
information without the specific, written, and informed release of	831
the individual to whom it pertains, or as otherwise permitted by	832
state law. A general authorization for the release of medical or	833
other information is not sufficient for the release of information	834
pursuant to this section."	835

Sec. 3701.19.  As used in this section and in section 3701.20	836
sections 3701.19 to 3701.201 of the Revised Code:	837

(A) "Poison prevention and treatment center" means an entity	838
designated as a poison prevention and treatment center by the	839
director of health under section 3701.20 of the Revised Code.	840

(B) "Harm" means injury, death, or loss to person or	841
property.	842

(C) "Tort action" means a civil action for damages for	843
injury, death, or loss to person or property. "Tort action"	844
includes a product liability claim that is subject to sections	845
2307.71 to 2307.80 of the Revised Code, but does not include a	846
civil action for a breach of contract or another agreement between	847
persons.	848

(D)(1) Subject to division (D)(2) of this section,	849
"volunteer" means a trustee, officer, or agent of a poison	850
prevention and treatment center, or another person associated with	851
such a center, who satisfies both of the following:	852

(a) Performs services for or on behalf of, and under the	853
authority or auspices of, the center;	854

(b) Does not receive compensation, either directly or	855
indirectly, for performing those services.	856

(2) For purposes of division (D)(1) of this section,	857
"compensation" does not include any of the following:	858

(a) Actual and necessary expenses that are incurred by a	859
volunteer in connection with the services performed for a center,	860
and that are reimbursed to the volunteer or otherwise paid;	861

(b) Insurance premiums paid on behalf of a volunteer, and	862
amounts paid or reimbursed, pursuant to division (E) of section	863
1702.12 of the Revised Code;	864

(c) Modest perquisites.

865

Sec. 3701.201. (A) As used in this section, "bioterrorism"	866
has the same meaning as in section 3701.232 of the Revised Code.	867

(B) The public health council shall adopt rules in accordance	868
with Chapter 119. of the Revised Code under which a poison	869
prevention and treatment center or other health-related entity is	870
required to report events that may be caused by bioterrorism,	871
epidemic or pandemic disease, or established or novel infectious	872
agents or biological or chemical toxins posing a risk of human	873
fatality or disability. Rules adopted under this section may	874
require a report of any of the following:	875

(1) An unexpected pattern or increase in the number of	876
telephone inquiries or requests to provide information about	877
poison prevention and treatment and available services;	878

(2) An unexpected pattern or increase in the number of	879
requests to provide specialized treatment, consultation,	880
information, and educational programs to health care professionals	881
and the public;	882

(3) An unexpected pattern or increase in the number of	883
requests for information on established or novel infectious agents	884
or biological or chemical toxins posing a risk of human fatality	885
or disability that is relatively uncommon and may have been caused	886
by bioterrorism.	887

(C) Each poison prevention and treatment center and other	888
health-related entity shall comply with any reporting requirement	889
established in rules adopted under division (B) of this section.	890

(D) Information reported under this section that is protected	891
health information pursuant to section 3701.17 of the Revised Code	892
shall be released only in accordance with that section.	893
Information that does not identify an individual may be released	894
in summary, statistical, oraggregate form.	895

Sec. 3701.22.  The department of health shall maintain a	896
chemical and bacteriologicalpublic health laboratory for the	897
following:	898

(A) Examination of public water supplies and the effluent of	899
sewage purification works;	900

(B) Diagnosis of diphtheria, typhoid fever, hydrophobia,	901
glanders, and such otherscreening for, or confirmation of	902
diseases or pathogens as it deems necessary;	903

(C) Performance of biological, chemical, or radiological	904
analyses or examinations as it deems necessary;	905

(D) Analysis of patient specimens and food samples necessary	906
for investigation of foodborne illnesses. In foodborne illness	907
investigations, the laboratory shall cooperate and consult with	908
the director of agriculture acting pursuant to section 3715.02 of	909
the Revised Code.	910

Sec. 3701.23.        Sec. 3701.221.  (A) The director of health shall have	911
charge of the public health laboratory authorized by section	912
3701.22 of the Revised Code. The director may employ an assistant	913
for the laboratory who shall be a person skilled in chemistry and	914
bacteriology, and receive such compensation as the director may	915
allowdetermines. All expenses of suchthe laboratory shall be	916
paid from appropriations made for the department of health.	917

(B) The public health council, in accordance with Chapter	918
119. of the Revised Code, shall adopt, and may amend or rescind,	919
rules establishing reasonable fees to be charged for services that	920
the laboratory performs. The council need not prescribe fees to be	921
charged in any case where the council believes that the charging	922
of fees would significantly and adversely affect the public	923
health. All fees collected for services that the laboratory	924
performs shall be deposited into the state treasury to the credit	925
of the "laboratory handling fee fund," which is hereby created for	926
the purpose of defraying expenses of operating the laboratory.	927

Sec. 3701.23. (A) As used in this section, "health care	928
provider" means any person or government entity that provides	929
health care services to individuals. "Health care provider"	930
includes, but is not limited to, hospitals, medical clinics and	931
offices, special care facilities, medical laboratories,	932
physicians, pharmacists, dentists, physician assistants,	933
registered and licensed practical nurses, laboratory technicians,	934
emergency medical service organization personnel, and ambulance	935
service organization personnel.	936

(B) Boards of health, health authorities or officials, health	937
care providers in localities in which there are no health	938
authorities or officials, and coroners or medical examiners shall	939
report promptly to the department of health the existence of any	940
of the following:	941

(1) Asiatic cholera;

942

(2) Yellow fever;

943

(3) Diphtheria;

944

(4) Typhus or typhoid fever;

945

(5) As specified by the public health council, other	946
contagious or infectious diseases, illnesses, health conditions,	947
or unusual infectious agents or biological toxins posing a risk of	948
human fatality or disability.	949

(C) No person shall fail to comply with the reporting	950
requirements established under division (B) of this section.	951

(D) The reports required by this section shall be submitted	952
on forms, as required by statute or rule, and in the manner the	953
director of health prescribes.	954

(E) Information reported under this section that is protected	955
health information pursuant to section 3701.17 of the Revised Code	956
shall be released only in accordance with that section.	957
Information that does not identify an individual may be released	958
in summary, statistical, or aggregate form.	959

Sec. 3701.231. If a medical laboratory outside this state	960
performs a test or other diagnostic or investigative analysis that	961
results in information pertaining to a resident of this state that	962
must be reported under section 3701.23 or 3707.06 of the Revised	963
Code, the entity using the laboratory shall ensure that the	964
laboratory complies with reporting and confidentiality	965
requirements and shall verify to the director of health that the	966
laboratory complies with reporting and confidentiality	967
requirements. The director shall establish procedures by which an	968
entity may verify the laboratory's compliance.	969

Sec. 3701.232. (A) As used in this section:

970

(1) "Bioterrorism" means the intentional use of any	971
microorganism, virus, infectious substance, or biological product	972
that may be engineered as a result of biotechnology, or any	973
naturally occurring or bioengineered component of a microorganism,	974
virus, infectious substance, or biological product, to cause	975
death, disease, or other biological malfunction in a human,	976
animal, plant, or other living organism as a means of influencing	977
the conduct of government or intimidating or coercing a	978
population.	979

(2) "Pharmacist" means an individual licensed under Chapter	980
4729. of the Revised Code to engage in the practice of pharmacy as	981
a pharmacist.	982

(3) "Pharmacy" and "prescription" have the same meanings as	983
in section 4729.01 of the Revised Code.	984

(B) The public health council shall adopt rules in accordance	985
with Chapter 119. of the Revised Code under which a pharmacy or	986
pharmacist is required to report significant changes in medication	987
usage that may be caused by bioterrorism, epidemic or pandemic	988
disease, or established or novel infectious agents or biological	989
toxins posing a risk of human fatality or disability. Rules	990
adopted under this section may require a report of any of the	991
following:	992

(1) An unexpected increase in the number of prescriptions for	993
antibiotics;	994

(2) An unexpected increase in the number of prescriptions for	995
medication to treat fever or respiratory or gastrointestinal	996
complaints;	997

(3) An unexpected increase in sales of, or the number of	998
requests for information on, over-the-counter medication to treat	999
fever or respiratory or gastrointestinal complaints;	1000

(4) Any prescription for medication used to treat a disease	1001
that is relatively uncommon and may have been caused by	1002
bioterrorism.	1003

(C) No person shall fail to comply with any reporting	1004
requirement established in rules adopted under division (B) of	1005
this section.	1006

(D) Information reported under this section that is protected	1007
health information pursuant to section 3701.17 of the Revised Code	1008
shall be released only in accordance with that section.	1009
Information that does not identify an individual may be released	1010
in summary, statistical, or aggregate form.	1011

Sec. 3701.24.  (A) As used in this section and sections	1012
3701.241 to 3701.249 of the Revised Code:	1013

(1) "AIDS" means the illness designated as acquired	1014
immunodeficiency syndrome.	1015

(2) "HIV" means the human immunodeficiency virus identified	1016
as the causative agent of AIDS.	1017

(3) "AIDS-related condition" means symptoms of illness	1018
related to HIV infection, including AIDS-related complex, that are	1019
confirmed by a positive HIV test.	1020

(4) "HIV test" means any test for the antibody or antigen to	1021
HIV that has been approved by the director of health under	1022
division (B) of section 3701.241 of the Revised Code.	1023

(5) "Health care facility" has the same meaning as in section	1024
1751.01 of the Revised Code.	1025

(6) "Director" means the director of health or any employee	1026
of the department of health acting on the director's behalf.	1027

(7) "Physician" means a person who holds a current, valid	1028
certificate issued under Chapter 4731. of the Revised Code	1029
authorizing the practice of medicine or surgery and osteopathic	1030
medicine and surgery.	1031

(8) "Nurse" means a registered nurse or licensed practical	1032
nurse who holds a license or certificate issued under Chapter	1033
4723. of the Revised Code.	1034

(9) "Anonymous test" means an HIV test administered so that	1035
the individual to be tested can give informed consent to the test	1036
and receive the results by means of a code system that does not	1037
link the identity of the individual tested to the request for the	1038
test or the test results.	1039

(10) "Confidential test" means an HIV test administered so	1040
that the identity of the individual tested is linked to the test	1041
but is held in confidence to the extent provided by section	1042
sections 3701.24 to 3701.248 of the Revised Code.	1043

(11) "Health care provider" means an individual who provides	1044
diagnostic, evaluative, or treatment services. Pursuant to Chapter	1045
119. of the Revised Code, the public health council may adopt	1046
rules further defining the scope of the term "health care	1047
provider."	1048

(12) "Significant exposure to body fluids" means a	1049
percutaneous or mucous membrane exposure of an individual to the	1050
blood, semen, vaginal secretions, or spinal, synovial, pleural,	1051
peritoneal, pericardial, or amniotic fluid of another individual.	1052

(13) "Emergency medical services worker" means all of the	1053
following:	1054

(a) A peace officer;

1055

(b) An employee of an emergency medical service organization	1056
as defined in section 4765.01 of the Revised Code;	1057

(c) A firefighter employed by a political subdivision;

1058

(d) A volunteer firefighter, emergency operator, or rescue	1059
operator;	1060

(e) An employee of a private organization that renders rescue	1061
services, emergency medical services, or emergency medical	1062
transportation to accident victims and persons suffering serious	1063
illness or injury.	1064

(14) "Peace officer" has the same meaning as in division (A)	1065
of section 109.71 of the Revised Code, except that it also	1066
includes a sheriff and the superintendent and troopers of the	1067
state highway patrol.	1068

(B) Boards of health, health authorities or officials, and	1069
physicians in localities in which there are no health authorities	1070
or officials, shall report promptly to the department of health	1071
the existence of any one of the following diseases:	1072

(1) Asiatic cholera;

1073

(2) Yellow fever;

1074

(3) Diphtheria;

1075

(4) Typhus or typhoid fever;

1076

(5) Any other contagious or infectious diseases that the	1077
public health council specifies.	1078

(C) Persons designated by rule adopted by the public health	1079
council under section 3701.241 of the Revised Code shall report	1080
promptly every case of AIDS, every AIDS-related condition, and	1081
every confirmed positive HIV test to the department of health on	1082
forms and in a manner prescribed by the director. In each county	1083
the director shall designate the health commissioner of a health	1084
district in the county to receive the reports.	1085

(C) No person shall fail to comply with the reporting	1086
requirements established under division (B) of this section.	1087

(D) Information reported under this divisionsection that	1088
identifies an individual is confidential and may be released only	1089
with the written consent of the individual except as the director	1090
determines necessary to ensure the accuracy of the information, as	1091
necessary to provide treatment to the individual, as ordered by a	1092
court pursuant to section 3701.243 or 3701.247 of the Revised	1093
Code, or pursuant to a search warrant or a subpoena issued by or	1094
at the request of a grand jury, prosecuting attorney, city	1095
director of law or similar chief legal officer of a municipal	1096
corporation, or village solicitor, in connection with a criminal	1097
investigation or prosecution. Information that does not identify	1098
an individual may be released in summary, statistical, or other	1099
aggregate form.	1100

Sec. 3701.241.  (A) The director of health shall develop and	1101
administer the following:	1102

(1) A surveillance system to determine the number of cases of	1103
AIDS and the HIV infection rate in various population groups;	1104

(2) Counseling and testing programs for groups determined by	1105
the director to be at risk of HIV infection, including procedures	1106
for both confidential and anonymous tests, counseling training	1107
programs for health care providers, and development of counseling	1108
guidelines;	1109

(3) A confidential partner notification system to alert and	1110
counsel sexual contacts of individuals with HIV infection;	1111

(4) Risk reduction and education programs for groups	1112
determined by the director to be at risk of HIV infection, and, in	1113
consultation with a wide range of community leaders, education	1114
programs for the public;	1115

(5) Pilot programs for the long-term care of individuals with	1116
AIDS or AIDS-related condition, including care in nursing homes	1117
and in alternative settings;	1118

(6) Programs to expand regional outpatient treatment of	1119
individuals with AIDS or AIDS-related condition;	1120

(7) A program to assist communities, including communities of	1121
less than one hundred thousand population, in establishing AIDS	1122
task forces and support groups for individuals with AIDS,	1123
AIDS-related condition, and HIV infection. The program may include	1124
the award of grants if they are matched by local funds.	1125

Information obtained or maintained under the partner	1126
notification system is not a public record under section 149.43 of	1127
the Revised Code and may be released only in accordance with	1128
division (C) of section 3701.243 of the Revised Code.	1129

(B) The director shall:

1130

(1) Approve a test or tests to be used to determine whether	1131
an individual has HIV infection, define a confirmed positive test	1132
result, and develop guidelines for interpreting test results;	1133

(2) Establish sites for confidential and anonymous HIV tests,	1134
and prepare a list of sites where an individual may obtain an	1135
anonymous test;	1136

(3) Prepare a list of counseling services;

1137

(4) Make available a copy of the list of anonymous testing	1138
sites or a copy of the list of counseling services to anyone who	1139
requests it.	1140

(C) The director of health shall require the director or	1141
administrator of each site where anonymous or confidential HIV	1142
tests are given to submit a report every three months evaluating	1143
from an epidemiologic perspective the effectiveness of the HIV	1144
testing program at that site. Not later than January 31, 1991, and	1145
each year thereafter, the director of health shall make a report	1146
evaluating the anonymous and confidential testing programs	1147
throughout the state with regard to their effectiveness as	1148
epidemiologic programs. The report shall be submitted to the	1149
speaker of the house of representatives and the president of the	1150
senate and shall be made available to the public.	1151

The public health council shall adopt rules pursuant to	1152
Chapter 119. of the Revised Code for the implementation of the	1153
requirements of division (B)(1) of this section and division	1154
(C)(D) of section 3701.24 of the Revised Code.	1155

(D) The director of health shall administer funds received	1156
under Title XXVI of the "Public Health Services Act," 104 Stat.	1157
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	1158
the quality and availability of care for individuals with AIDS,	1159
AIDS-related condition, and HIV infection. In administering these	1160
funds, the director may enter into contracts with any person or	1161
entity for the purpose of administering the programs, including	1162
contracts with the department of job and family services for	1163
establishment of a program of reimbursement of drugs used for	1164
treatment and care of such individuals. The director of health may	1165
adopt rules in accordance with Chapter 119. of the Revised Code	1166
and issue orders as necessary for administration of the funds. If	1167
the department of job and family services enters into a contract	1168
under this division, the director of job and family services may	1169
adopt rules in accordance with Chapter 119. of the Revised Code as	1170
necessary for carrying out the department's duties under the	1171
contract.	1172

Sec. 3701.25. (A) Every physician attending on or called in	1173
to visit a patient whom hethe physician believes to be suffering	1174
from poisoning from lead, cadmium, phosphorus, arsenic, brass,	1175
wood alcohol, mercury, or their compounds, or from anthrax or from	1176
compressed air illness and such other occupational diseases and	1177
ailments as the department of health shall require to be reported,	1178
shall within forty-eight hours from the time of first attending	1179
such patient send to the director of health a report stating:	1180

(A)(1) Name, address, and occupation of patient;

1181

(B)(2) Name, address, and business of employer;

1182

(C)(3) Nature of disease;

1183

(D)(4) Such other information as may be reasonably required	1184
by the department.	1185

(B) No person shall fail to comply with the reporting	1186
requirements established under division (A) of this section.	1187

(C) The reports required by this section shall be made on, or	1188
in conformity with, the standard schedule blanks provided for in	1189
section 3701.26 of the Revised Code. The mailing of the report,	1190
within the time required, in a stamped envelope addressed to the	1191
office of the director, shall be in compliance with this section.	1192

(D) Such reports shall not be evidence of the facts therein	1193
stated in any action arising out of the disease therein reported.	1194

(E) Information reported under this section that is protected	1195
health information pursuant to section 3701.17 of the Revised Code	1196
shall be released only in accordance with that section.	1197
Information that does not identify an individual may be released	1198
in summary, statistical, or aggregate form.	1199

Sec. 3701.34. (A) The public health council shall:

1200

(A)(1) Adopt, and may amend or rescind, sanitary rules to be	1201
of general application throughout the state. The sanitary rules	1202
shall be known as the sanitary code.	1203

(B) Take evidence in appeals from the decision of the	1204
director of health in a matter relative to the approval or	1205
disapproval of plans, locations, estimates of cost, or other	1206
matters coming before the director for official action. In the	1207
hearing of such appeals the director may be represented in person	1208
or by the attorney general.	1209

(C);

1210

(2) Conduct hearings in cases where the law requires that the	1211
department shall give such hearings and reach decisions on the	1212
evidence presented, which shall govern subsequent actions of the	1213
director with reference thereto;	1214

(D)(3) Prescribe, by rule, the number and functions of	1215
divisions and bureaus and the qualifications of chiefs or	1216
divisions and bureaus within the department;	1217

(E)(4) Enact and amend bylaws in relation to its meetings and	1218
the transaction of its business;	1219

(F)(5) Consider any matter relating to the preservation and	1220
improvement of the public health and advise the director thereon	1221
with such recommendations as it considers wise.	1222

(B) The council shall neither have nor exercise executive or	1223
administrative duties.	1224

Sec. 3701.35.  Every regulation,adopted byrule the public	1225
health council,adopts shall state the date on which it takes	1226
effect, and a copy thereof, signed by the secretary of the	1227
council, shall be filed in the office of the secretary of state,	1228
and a copy thereof shall be sent by the director of health to each	1229
board of health of a general or a city health district, health	1230
officer, or person performing the duties of health officer, within	1231
the state, and shall be published in such manner as the council	1232
may determine. Every provision of the sanitary codecouncil's	1233
rules shall apply to and be effective in all portions of the	1234
state.	1235

Sec. 3701.352.  No person shall violate any rule of the	1236
public health council of the, director of health, or department of	1237
health adopted under section 3701.34 of the Revised Codeadopts or	1238
any order of the director or department of health issuedissues	1239
under Chapter 3701. of the Revised Codethis chapter to prevent a	1240
threat to the public caused by a pandemic, epidemic, or	1241
bioterrorism event.	1242

Sec. 3701.501.  (A)(1) Except as provided in division (A)(2)	1243
of this section, all newborn children shall be screened for the	1244
presence of the genetic, endocrine, and metabolic disorders	1245
specified in rules, adopted pursuant to this section.	1246

(2) Division (A)(1) of this section does not apply if the	1247
parents of the child object thereto on the grounds that the	1248
screening conflicts with their religious tenets and practices.	1249

(B) There is hereby created the newborn screening advisory	1250
council to advise the director of health regarding the screening	1251
of newborn children for genetic, endocrine, and metabolic	1252
disorders. The council shall engage in an ongoing review of the	1253
newborn screening requirements established under this section and	1254
shall provide recommendations and reports to the director as the	1255
director requests and as the council considers necessary. The	1256
director may assign other duties to the council, as the director	1257
considers appropriate.	1258

The council shall consist of fourteen members appointed by	1259
the director. In making appointments, the director shall select	1260
individuals and representatives of entities with interest and	1261
expertise in newborn screening, including such individuals and	1262
entities as health care professionals, hospitals, children's	1263
hospitals, regional genetic centers, regional sickle cell centers,	1264
newborn screening coordinators, and members of the public.	1265

The department of health shall provide meeting space, staff	1266
services, and other technical assistance required by the council	1267
in carrying out its duties. Members of the council shall serve	1268
without compensation, but shall be reimbursed for their actual and	1269
necessary expenses incurred in attending meetings of the council	1270
or performing assignments for the council.	1271

The council is not subject to sections 101.82 to 101.87 of	1272
the Revised Code.	1273

(C)(1) The director of health shall adopt rules in accordance	1274
with Chapter 119. of the Revised Code specifying the disorders for	1275
which each newborn child must be screened.	1276

(2) The newborn screening advisory council shall evaluate	1277
genetic, metabolic, and endocrine disorders to assist the director	1278
in determining which disorders should be included in the	1279
screenings required under this section. In determining whether a	1280
disorder should be included, the council shall consider all of the	1281
following:	1282

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

1283

(b) Whether the disorder causes disability if diagnosis,	1284
treatment, and early intervention are delayed;	1285

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

1286

(d) The expected benefits to children and society in relation	1287
to the risks and costs associated with screening for the disorder;	1288

(e) Whether a screening for the disorder can be conducted	1289
without taking an additional blood sample or specimen.	1290

(3) Based on the considerations specified in division (C)(2)	1291
of this section, the council shall make recommendations to the	1292
director of health for the adoption of rules under division (C)(1)	1293
of this section. The director shall promptly and thoroughly review	1294
each recommendation the council submits.	1295

(D) The director shall adopt rules in accordance with Chapter	1296
119. of the Revised Code establishing standards and procedures for	1297
the screenings required by this section. The rules shall include	1298
standards and procedures for all of the following:	1299

(1) Causing rescreenings to be performed when initial	1300
screenings have abnormal results;	1301

(2) Designating the person or persons who will be responsible	1302
for causing screenings and rescreenings to be performed;	1303

(3) Giving to the parents of a child notice of the required	1304
initial screening and the possibility that rescreenings may be	1305
necessary;	1306

(4) Communicating to the parents of a child the results of	1307
the child's screening and any rescreenings that are performed;	1308

(5) Giving notice of the results of an initial screening and	1309
any rescreenings to the person who caused the child to be screened	1310
or rescreened, or to another person or government entity when the	1311
person who caused the child to be screened or rescreened cannot be	1312
contacted;	1313

(6) Referring children who receive abnormal screening or	1314
rescreening results to providers of follow-up services, including	1315
the services made available through funds disbursed under division	1316
(F) of this section.	1317

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1318
section, all newborn screenings required by this section shall be	1319
performed by the public health laboratory authorized under section	1320
3701.22 of the Revised Code.	1321

(2) If the director determines that the public health	1322
laboratory authorized under section 3701.22 of the Revised Code is	1323
unable to perform screenings for all of the disorders specified in	1324
the rules adopted under division (C) of this section, the director	1325
shall select another laboratory to perform the screenings. The	1326
director shall select the laboratory by issuing a request for	1327
proposals. The director may accept proposals submitted by	1328
laboratories located outside this state. At the conclusion of the	1329
selection process, the director shall enter into a written	1330
contract with the selected laboratory. If the director determines	1331
that the laboratory is not complying with the terms of the	1332
contract, the director shall immediately terminate the contract	1333
and another laboratory shall be selected and contracted with in	1334
the same manner.	1335

(3) Any rescreening caused to be performed pursuant to this	1336
section may be performed by the public health laboratory	1337
authorized by section 3701.22 of the Revised Code or one or more	1338
other laboratories designated by the director. Any laboratory the	1339
director considers qualified to perform rescreenings may be	1340
designated, including a laboratory located outside this state. If	1341
more than one laboratory is designated, the person responsible for	1342
causing a rescreening to be performed is also responsible for	1343
selecting the laboratory to be used.	1344

(F)(1) The director shall adopt rules in accordance with	1345
Chapter 119. of the Revised Code establishing a fee that shall be	1346
charged and collected in addition to or in conjunction with any	1347
laboratory fee that is charged and collected for performing the	1348
screenings required by this section. The fee, which shall be not	1349
less than fourteen dollars, shall be disbursed as follows:	1350

(a) Not less than ten dollars and twenty-five cents shall be	1351
deposited in the state treasury to the credit of the genetics	1352
services fund, which is hereby created. Not less than seven	1353
dollars and twenty-five cents of each fee credited to the genetics	1354
services fund shall be used to defray the costs of the programs	1355
authorized by section 3701.502 of the Revised Code. Not less than	1356
three dollars from each fee credited to the genetics services fund	1357
shall be used to defray costs of phenylketonuria programs.	1358

(b) Not less than three dollars and seventy-five cents shall	1359
be deposited into the state treasury to the credit of the sickle	1360
cell fund, which is hereby created. Money credited to the sickle	1361
cell fund shall be used to defray costs of programs authorized by	1362
section 3701.131 of the Revised Code.	1363

(2) In adopting rules under division (F)(1) of this section,	1364
the director shall not establish a fee that differs according to	1365
whether a screening is performed by the public health laboratory	1366
authorized under section 3701.22 of the Revised Code or by another	1367
laboratory selected by the director pursuant to division (E)(2) of	1368
this section.	1369

Sec. 3701.56.  Boards of health of a general or city health	1370
district, health authorities and officials, officers of state	1371
institutions, police officers, sheriffs, constables, and other	1372
officers and employees of the state or any county, city, or	1373
township, shall enforce the quarantine and sanitaryisolation	1374
orders, and the rules and regulations adopted by the department of	1375
health adopts.	1376

Sec. 3701.57.  All prosecutions and proceedings by the	1377
department of health for the violation of sections 3701.01 to	1378
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	1379
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	1380
the Revised Code, or for the violation of any of the orders or	1381
rules of the department, shall be instituted by the director of	1382
health. AllExcept as provided in division (C) of section 3701.571	1383
of the Revised Code, all fines or judgments collected by the	1384
department collects shall be paid into the state treasury to the	1385
credit of the general revenue fund.	1386

The director of health, the board of health of a general or	1387
city health district, or any person charged with enforcing the	1388
rules of the department of health as provided in section 3701.56	1389
of the Revised Code may petition the court of common pleas for	1390
injunctive or other appropriate relief requiring any person	1391
violating a rule adopted by the public health council under	1392
section 3701.34 of the Revised Code or any order issued by the	1393
director of health under this chapter to comply with such rule or	1394
order. The court of common pleas of the county in which the	1395
offense is alleged to be occurring may grant such injunctive or	1396
other appropriate relief as the equities of the case require.	1397

Sec. 3701.571. (A) The director of health shall adopt rules	1398
pursuant to Chapter 119. of the Revised Code that establish a	1399
graduated system of fines based on the scope and severity of	1400
violations and the history of compliance, not to exceed seven	1401
hundred fifty dollars per incident, and in an adjudication under	1402
Chapter 119. of the Revised Code, may impose a fine against any	1403
person who violates division (C) of section 3701.23, division (C)	1404
of section 3701.232, division (C) of section 3701.24, division (B)	1405
of section 3701.25, or division (B) of section 3707.06 of the	1406
Revised Code or against any poison prevention and treatment center	1407
or other health-related entity that fails to comply with division	1408
(C) of section 3701.201 of the Revised Code.	1409

(B) On request of the director, the attorney general shall	1410
bring and prosecute to judgment a civil action to collect any fine	1411
imposed under division (A) of this section that remains unpaid.	1412

(C) All fines collected under this section shall be deposited	1413
into the state treasury to the credit of the general operations	1414
fund created under section 3701.83 of the Revised Code.	1415

Sec. 3701.99.  (A) Whoever violates division (C) of section	1416
3701.23, division (C) of section 3701.232, division (C) of section	1417
3701.24, division (B) of section 3701.25 of the Revised Code is	1418
guilty of a minor misdemeanor on a first offense; on each	1419
subsequent offense, the person is guilty of a misdemeanor of the	1420
second degree.	1421

(B) Whoever violates, division (I) of section 3701.262,	1422
division (D) of section 3701.263, or section 3701.352 or sections	1423
3701.46 to 3701.55 of the Revised Code is guilty of a minor	1424
misdemeanor on a first offense; on each subsequent offense, the	1425
person is guilty of a misdemeanor of the fourth degree.	1426

(C)(B) Whoever violates section 3701.82 of the Revised Code	1427
is guilty of a misdemeanor of the first degree.	1428

(D)(C) Whoever violates section 3701.352 or 3701.81 of the	1429
Revised Code is guilty of a misdemeanor of the second degree.	1430

(E) Whoever violates division (G) of section 3701.88 of the	1431
Revised Code shall be fined not more than one hundred dollars.	1432
Each day the violation continues is a separate offense.	1433

Sec. 3707.06. (A) Each physician or other person called to	1434
attend a person suffering from cholera, plague, yellow fever,	1435
typhus fever, diphtheria, typhoid fever, or any other disease	1436
dangerous to the public health, or required by the department of	1437
health to be reported, shall report to the health commissioner	1438
within whose jurisdiction the sick person is found the name, age,	1439
sex, and color of the patient, and the house and place in which	1440
the sick person may be found. In like manner, the owner or agent	1441
of the owner of a building in which a person resides who has any	1442
of the listed diseases, or in which are the remains of a person	1443
having died of any of the listed diseases, and the head of the	1444
family, immediately after becoming aware of the fact, shall give	1445
notice thereof to the health commissioner.	1446

(B) No person shall fail to comply with the reporting	1447
requirements of division (A) of this section.	1448

(C) Information reported under this section that is protected	1449
health information pursuant to section 3701.17 of the Revised Code	1450
shall be released only in accordance with that section.	1451
Information that does not identify an individual may be released	1452
in summary, statistical, or aggregate form.	1453

Sec. 3707.34.  (A) The health commissioner appointed by a	1454
board of health of a general or city health district may act on	1455
behalf of the board in administering the provision of sections	1456
3707.04 to 3707.32 of the Revised Code regarding quarantine and	1457
isolation if the commissioner acts pursuant to a policy the board	1458
adopts as described in division (B) of this section and either of	1459
the following applies:	1460

(1) Circumstances render a meeting of the board impractical	1461
or impossible.	1462

(2) Delaying action until a meeting of the board compromises	1463
the public health.	1464

(B) Each board of health shall adopt a policy, subject to the	1465
approval of the district advisory council or city council for city	1466
health districts not governed by an advisory council, specifying	1467
the actions that a health commissioner may take pursuant to this	1468
section. Any action a health commissioner takes in accordance with	1469
the board's policy is deemed an action taken by the board unless	1470
the board votes to nullify the commissioner's action.	1471

Sec. 3707.33.        Sec. 3707.38.  The board of health of a city or	1472
general health district may appoint, define the duties of, and fix	1473
the compensation of the number of inspectors of shops, wagons,	1474
appliances, and food, and the number of other persons necessary to	1475
carry out this chapter and Chapter 3717. of the Revised Code and,	1476
if applicable, to carry out any duties assumed by the board under	1477
an agreement entered into under division (B) of section 917.02 of	1478
the Revised Code. Inspectors for those purposes may enter any	1479
house, vehicle, or yard. The board may authorize the health	1480
commissioner to perform the duties of the inspectors.	1481

Sec. 3707.99.  (A) Whoever violates section 3707.03 of the	1482
Revised Code, unless good and sufficient reason therefor is shown,	1483
is guilty of a minor misdemeanor.	1484

(B) Whoever violates division (B) of section 3707.06 or	1485
section 3707.48 of the Revised Code is guilty of a minor	1486
misdemeanor on a first offense; on each subsequent offense such,	1487
the person is guilty of a misdemeanor of the fourth degree.	1488

Sec. 3715.02.  (A) The director of agriculture shall adopt	1489
rules in accordance with Chapter 119. of the Revised Code that	1490
establish, when otherwise not established by a law of this state,	1491
definitions for a food or class of food and standards for the	1492
following items as they pertain to the food or class of food:	1493

(1) Quality, identity, purity, grade, and strength;

1494

(2) Packaging and labeling;

1495

(3) Food processing equipment;

1496

(4) Processing procedures;

1497

(5) Fill of containers.

1498

The standards and definitions, where applicable, shall	1499
conform to the standards for foods adopted by the United States	1500
department of agriculture and the United States food and drug	1501
administration. Portions of Titles 7, 9, and 21 of the Code of	1502
Federal Regulations or the regulations adopted for the enforcement	1503
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040	1504
(1938), 21 U.S.C.A. 301 et seq., as amended, may be adopted as	1505
rules by referencing the federal regulations, subject to the	1506
approval of the joint committee on agency rule review.	1507

In adopting rules that establish definitions and standards of	1508
identity for a food or class of food in which only a limited	1509
number of optional ingredients are permitted, the director shall	1510
designate the optional ingredients that must be listed on the	1511
label.	1512

(B) The director shall adopt rules in accordance with Chapter	1513
119. of the Revised Code that establish procedures for the	1514
performance of sample analyses of food, food additives, and food	1515
packaging materials. The circumstances under which a sample	1516
analysis may be required include the following:	1517

(1) When a food, food additive, or food packaging material is	1518
the subject of a consumer complaint;	1519

(2) When requested by a consumer after a physician has	1520
isolated an organism from the consumer as the physician's patient;	1521

(3) When a food, food additive, or food packaging material is	1522
suspected of having caused an illness;	1523

(4) When a food, food additive, or food packaging material is	1524
suspected of being adulterated or misbranded;	1525

(5) When a food, food additive, or food packaging material is	1526
subject to verification of food labeling and standards of	1527
identity;	1528

(6) At any other time the director considers a sample	1529
analysis necessary.	1530

(C) In foodborne illness investigations, the director of	1531
agriculture shall cooperate and consult with the public health	1532
laboratory maintained by the department of health under section	1533
3701.22 of the Revised Code.	1534

(D) The director or the director's designee shall do all of	1535
the following:	1536

(1) Inspect drugs, food, or drink manufactured, stored, or	1537
offered for sale in this state;	1538

(2) Prosecute or cause to be prosecuted each person engaged	1539
in the unlawful manufacture or sale of an adulterated drug or	1540
article of food or drink, in violation of law;	1541

(3) Enforce all laws against fraud, adulteration, or	1542
impurities in drugs, foods, or drinks and unlawful labeling within	1543
this state.	1544

(E) The director may appoint or contract for one or more	1545
qualified persons to enforce the provisions of this chapter.	1546

Sec. 3901.46.  As used in this section, "membership	1547
organization" means a fraternal or other association or group of	1548
individuals involved in the same occupation, activity, or interest	1549
that is organized and maintained in good faith for purposes other	1550
than to obtain insurance and is not organized or maintained for	1551
the purpose of engaging in activities for gain or profit.	1552

(A) In underwriting an individual policy of life or sickness	1553
and accident insurance or a group policy of life or sickness and	1554
accident insurance providing coverage for members of a membership	1555
organization, an insurer may require an applicant for coverage	1556
under the policy to submit to an HIV test only in conjunction with	1557
tests for other health conditions. No applicant shall be required	1558
to submit to an HIV test on the basis of histhe applicant's	1559
sexual orientation or factors described in division (C)(1) of	1560
section 3901.45 of the Revised Code that are used to ascertain his	1561
the applicant's sexual orientation.	1562

(B)(1) An insurer that requests an applicant to take an HIV	1563
test shall obtain the applicant's written consent for the test and	1564
shall inform the applicant of the purpose of the test. The consent	1565
form shall include information about the tests to be performed,	1566
the confidentiality of the results, procedures for notifying the	1567
applicant of the results, and a general interpretation of test	1568
results.	1569

(2) The superintendent of insurance shall adopt rules under	1570
Chapter 119. of the Revised Code establishing the form and content	1571
of the consent required under division (B)(1) of this section.	1572

(C) An insurer may disclose the results of a positive HIV	1573
test only to the following persons:	1574

(1) The applicant;

1575

(2) The applicant's or insured's physician or other health	1576
care provider if the applicant or insured provides the insurer	1577
with prior written consent for disclosure;	1578

(3) Another person that the applicant or insured specifically	1579
designates in writing;	1580

(4) A medical information exchange for insurers operated	1581
under procedures intended to ensure confidentiality, including the	1582
use of general codes for results of tests for a number of diseases	1583
and conditions as well as for AIDS or an AIDS-related condition.	1584

(D) The HIV test or tests to be given the applicant shall be	1585
a test or tests approved by the director of health pursuant to	1586
division (B) of section 3701.241 of the Revised Code. Test results	1587
shall be interpreted strictly in accordance with guidelines for	1588
the use of the tests adopted by the director.	1589

(E) The requirements of division (C)(B) of section 3701.24	1590
and sections 3701.242 and 3701.243 of the Revised Code do not	1591
apply to insurers in the underwriting of an individual policy of	1592
life or sickness and accident insurance or of a group policy of	1593
life or sickness and accident insurance providing coverage for	1594
members of a membership organization, except that an insurer may	1595
make use of the procedures in division (C) of section 3701.243 of	1596
the Revised Code.	1597

(F) In underwriting a group policy of life or sickness and	1598
accident insurance, no insurer shall require an individual seeking	1599
coverage, other than an individual seeking coverage under the	1600
policy of a membership organization, to submit to an HIV test.	1601

(G) A violation of this section is an unfair insurance	1602
practice under sections 3901.19 to 3901.26 of the Revised Code.	1603

Sec. 4736.01.  As used in this chapter:

1604

(A) "Environmental health science" means the aspect of public	1605
health science that includes, but is not limited to, the following	1606
bodies of knowledge: air quality, food quality and protection,	1607
hazardous and toxic substances, consumer product safety, housing,	1608
institutional health and safety, community noise control,	1609
radiation protection, recreational facilities, solid and liquid	1610
waste management, vector control, drinking water quality, milk	1611
sanitation, and rabies control.	1612

(B) "Sanitarian" means a person who performs for compensation	1613
educational, investigational, technical, or administrative duties	1614
requiring specialized knowledge and skills in the field of	1615
environmental health science.	1616

(C) "Registered sanitarian" means a person who is registered	1617
as a sanitarian in accordance with Chapter 4736. of the Revised	1618
Code.	1619

(D) "Sanitarian-in-training" means a person who is registered	1620
as a sanitarian-in-training in accordance with Chapter 4736. of	1621
the Revised Code.	1622

(E) "Practice of environmental health" means consultation,	1623
instruction, investigation, inspection, or evaluation by an	1624
employee of a city health district, a general health district, the	1625
Ohio environmental protection agency, the department of health, or	1626
the department of agriculture requiring specialized knowledge,	1627
training, and experience in the field of environmental health	1628
science, with the primary purpose of improving or conducting	1629
administration or enforcement under any of the following:	1630

(1) Chapter 911., 913., 917., 3717., 3721., or 3733. of the	1631
Revised Code;	1632

(2) Chapter 3734. of the Revised Code as it pertains to solid	1633
waste;	1634

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	1635
3707.333707.38 to 3707.99, or section 3715.21 of the Revised	1636
Code;	1637

(4) Rules adopted under section 3701.34 of the Revised Code	1638
pertaining to home sewage, rabies control, or swimming pools.	1639

"Practice of environmental health" does not include sampling,	1640
testing, controlling of vectors, reporting of observations, or	1641
other duties that do not require application of specialized	1642
knowledge and skills in environmental health science performed	1643
under the supervision of a registered sanitarian.	1644

The state board of sanitarian registration may further define	1645
environmental health science in relation to specific functions in	1646
the practice of environmental health through rules adopted by the	1647
board under Chapter 119. of the Revised Code.	1648

Section 2. That existing sections 149.43, 339.89, 3701.03,	1649
3701.04, 3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16,	1650
3701.17, 3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25,	1651
3701.34, 3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99,	1652
3707.06, 3707.33, 3707.99, 3715.02, 3901.46, and 4736.01 of the	1653
Revised Code are hereby repealed.	1654

Section 3.  Section 149.43 of the Revised Code is presented	1655
in this act as a composite of the section as amended by Am. Sub.	1656
H.B. 490, Am. Sub. S.B. 180, and Sub. S.B. 258 of the 124th	1657
General Assembly. The General Assembly, applying the principle	1658
stated in division (B) of section 1.52 of the Revised Code that	1659
amendments are to be harmonized if reasonably capable of	1660
simultaneous operation, finds that the composite is the resulting	1661
version of the section in effect prior to the effective date of	1662
the section as presented in this act.	1663