REPRESENTATIVE J. Stewart

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, 3715.02, 3901.46, and 4736.01; to amend,

6

for the purpose of adopting new section numbers as

7

indicated in parentheses, sections 3701.16

8

(3701.161), 3701.17 (3701.162), 3701.23

9

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

10

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 amend the version of section 149.43 of

14

the Revised Code that is scheduled to take effect

15

January 1, 2004; and to amend Section 56.01 of Am.

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Sub. H.B. 94 of the 124th General Assembly, as

17

subsequently amended, to modify the powers and

18

duties of the Department of Health, Public Health

19

Council, and boards of health relative to

20

bioterrorism and other public health matters.

21

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

Section 1. That sections 149.43, 339.89, 3701.03, 3701.04,	22
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17,	23
3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25, 3701.34,	24
3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99, 3707.06,	25
3715.02, 3901.46, and 4736.01 be amended; sections 3701.16	26
(3701.161), 3701.17 (3701.162), 3701.23 (3701.221), and 3707.33	27
(3707.38) be amended for the purpose of adopting new section	28
numbers as indicated in parentheses; and new sections 3701.16,	29
3701.17, and 3701.23 and sections 3701.072, 3701.146, 3701.201,	30
3701.231, 3701.232, 3701.571, and 3707.34 of the Revised Code be	31
enacted to read as follows:	32

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

33

(1) "Public record" means records kept by any public office,	34
including, but not limited to, state, county, city, village,	35
township, and school district units, and records pertaining to the	36
delivery of educational services by an alternative school in Ohio	37
kept by a nonprofit or for profit entity operating such	38
alternative school pursuant to section 3313.533 of the Revised	39
Code. "Public record" does not mean any of the following:	40

(a) Medical records;

41

(b) Records pertaining to probation and parole proceedings;

42

(c) Records pertaining to actions under section 2151.85 and	43
division (C) of section 2919.121 of the Revised Code and to	44
appeals of actions arising under those sections;	45

(d) Records pertaining to adoption proceedings, including the	46
contents of an adoption file maintained by the department of	47
health under section 3705.12 of the Revised Code;	48

(e) Information in a record contained in the putative father	49
registry established by section 3107.062 of the Revised Code,	50
regardless of whether the information is held by the department of	51
job and family services or, pursuant to section 3111.69 of the	52
Revised Code, the office of child support in the department or a	53
child support enforcement agency;	54

(f) Records listed in division (A) of section 3107.42 of the	55
Revised Code or specified in division (A) of section 3107.52 of	56
the Revised Code;	57

(g) Trial preparation records;

58

(h) Confidential law enforcement investigatory records;

59

(i) Records containing information that is confidential under	60
section 2317.023 or 4112.05 of the Revised Code;	61

(j) DNA records stored in the DNA database pursuant to	62
section 109.573 of the Revised Code;	63

(k) Inmate records released by the department of	64
rehabilitation and correction to the department of youth services	65
or a court of record pursuant to division (E) of section 5120.21	66
of the Revised Code;	67

(l) Records maintained by the department of youth services	68
pertaining to children in its custody released by the department	69
of youth services to the department of rehabilitation and	70
correction pursuant to section 5139.05 of the Revised Code;	71

(m) Intellectual property records;

72

(n) Donor profile records;

73

(o) Records maintained by the department of job and family	74
services pursuant to section 3121.894 of the Revised Code;	75

(p) Peace officer, firefighter, or EMT residential and	76
familial information;	77

(q) In the case of a county hospital operated pursuant to	78
Chapter 339. of the Revised Code, information that constitutes a	79
trade secret, as defined in section 1333.61 of the Revised Code;	80

(r) Information pertaining to the recreational activities of	81
a person under the age of eighteen;	82

(s) Records provided to, statements made by review board	83
members during meetings of, and all work products of a child	84
fatality review board acting under sections 307.621 to 307.629 of	85
the Revised Code, other than the report prepared pursuant to	86
section 307.626 of the Revised Code;	87

(t) Records provided to and statements made by the executive	88
director of a public children services agency or a prosecuting	89
attorney acting pursuant to section 5153.171 of the Revised Code	90
other than the information released under that section;	91

(u) Test materials, examinations, or evaluation tools used in	92
an examination for licensure as a nursing home administrator that	93
the board of examiners of nursing home administrators administers	94
under section 4751.04 of the Revised Code or contracts under that	95
section with a private or government entity to administer;	96

(v) Records the release of which is prohibited by state or	97
federal law;	98

(w) Proprietary information of or relating to any person that	99
is submitted to or compiled by the Ohio venture capital authority	100
created under section 150.01 of the Revised Code;	101

(x) Information reported and evaluations conducted pursuant	102
to section 3701.072 of the Revised Code.	103

(2) "Confidential law enforcement investigatory record" means	104
any record that pertains to a law enforcement matter of a	105
criminal, quasi-criminal, civil, or administrative nature, but	106
only to the extent that the release of the record would create a	107
high probability of disclosure of any of the following:	108

(a) The identity of a suspect who has not been charged with	109
the offense to which the record pertains, or of an information	110
source or witness to whom confidentiality has been reasonably	111
promised;	112

(b) Information provided by an information source or witness	113
to whom confidentiality has been reasonably promised, which	114
information would reasonably tend to disclose the source's or	115
witness's identity;	116

(c) Specific confidential investigatory techniques or	117
procedures or specific investigatory work product;	118

(d) Information that would endanger the life or physical	119
safety of law enforcement personnel, a crime victim, a witness, or	120
a confidential information source.	121

(3) "Medical record" means any document or combination of	122
documents, except births, deaths, and the fact of admission to or	123
discharge from a hospital, that pertains to the medical history,	124
diagnosis, prognosis, or medical condition of a patient and that	125
is generated and maintained in the process of medical treatment.	126

(4) "Trial preparation record" means any record that contains	127
information that is specifically compiled in reasonable	128
anticipation of, or in defense of, a civil or criminal action or	129
proceeding, including the independent thought processes and	130
personal trial preparation of an attorney.	131

(5) "Intellectual property record" means a record, other than	132
a financial or administrative record, that is produced or	133
collected by or for faculty or staff of a state institution of	134
higher learning in the conduct of or as a result of study or	135
research on an educational, commercial, scientific, artistic,	136
technical, or scholarly issue, regardless of whether the study or	137
research was sponsored by the institution alone or in conjunction	138
with a governmental body or private concern, and that has not been	139
publicly released, published, or patented.	140

(6) "Donor profile record" means all records about donors or	141
potential donors to a public institution of higher education	142
except the names and reported addresses of the actual donors and	143
the date, amount, and conditions of the actual donation.	144

(7) "Peace officer, firefighter, or EMT residential and	145
familial information" means either of the following:	146

(a) Any information maintained in a personnel record of a	147
peace officer, firefighter, or EMT that discloses any of the	148
following:	149

(i) The address of the actual personal residence of a peace	150
officer, firefighter, or EMT, except for the state or political	151
subdivision in which the peace officer, firefighter, or EMT	152
resides;	153

(ii) Information compiled from referral to or participation	154
in an employee assistance program;	155

(iii) The social security number, the residential telephone	156
number, any bank account, debit card, charge card, or credit card	157
number, or the emergency telephone number of, or any medical	158
information pertaining to, a peace officer, firefighter, or EMT;	159

(iv) The name of any beneficiary of employment benefits,	160
including, but not limited to, life insurance benefits, provided	161
to a peace officer, firefighter, or EMT by the peace officer's,	162
firefighter's, or EMT's employer;	163

(v) The identity and amount of any charitable or employment	164
benefit deduction made by the peace officer's, firefighter's, or	165
EMT's employer from the peace officer's, firefighter's, or EMT's	166
compensation unless the amount of the deduction is required by	167
state or federal law;	168

(vi) The name, the residential address, the name of the	169
employer, the address of the employer, the social security number,	170
the residential telephone number, any bank account, debit card,	171
charge card, or credit card number, or the emergency telephone	172
number of the spouse, a former spouse, or any child of a peace	173
officer, firefighter, or EMT.	174

(b) Any record that identifies a person's occupation as a	175
peace officer, firefighter, or EMT other than statements required	176
to include the disclosure of that fact under the campaign finance	177
law.	178

As used in divisions (A)(7) and (B)(5) of this section,	179
"peace officer" has the same meaning as in section 109.71 of the	180
Revised Code and also includes the superintendent and troopers of	181
the state highway patrol; it does not include the sheriff of a	182
county or a supervisory employee who, in the absence of the	183
sheriff, is authorized to stand in for, exercise the authority of,	184
and perform the duties of the sheriff.	185

As used in divisions (A)(7) and (B)(5) of this section,	186
"firefighter" means any regular, paid or volunteer, member of a	187
lawfully constituted fire department of a municipal corporation,	188
township, fire district, or village.	189

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	190
means EMTs-basic, EMTs-I, and paramedics that provide emergency	191
medical services for a public emergency medical service	192
organization. "Emergency medical service organization,"	193
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	194
section 4765.01 of the Revised Code.	195

(8) "Information pertaining to the recreational activities of	196
a person under the age of eighteen" means information that is kept	197
in the ordinary course of business by a public office, that	198
pertains to the recreational activities of a person under the age	199
of eighteen years, and that discloses any of the following:	200

(a) The address or telephone number of a person under the age	201
of eighteen or the address or telephone number of that person's	202
parent, guardian, custodian, or emergency contact person;	203

(b) The social security number, birth date, or photographic	204
image of a person under the age of eighteen;	205

(c) Any medical record, history, or information pertaining to	206
a person under the age of eighteen;	207

(d) Any additional information sought or required about a	208
person under the age of eighteen for the purpose of allowing that	209
person to participate in any recreational activity conducted or	210
sponsored by a public office or to use or obtain admission	211
privileges to any recreational facility owned or operated by a	212
public office.	213

(B)(1) Subject to division (B)(4) of this section, all public	214
records shall be promptly prepared and made available for	215
inspection to any person at all reasonable times during regular	216
business hours. Subject to division (B)(4) of this section, upon	217
request, a public office or person responsible for public records	218
shall make copies available at cost, within a reasonable period of	219
time. In order to facilitate broader access to public records,	220
public offices shall maintain public records in a manner that they	221
can be made available for inspection in accordance with this	222
division.	223

(2) If any person chooses to obtain a copy of a public record	224
in accordance with division (B)(1) of this section, the public	225
office or person responsible for the public record shall permit	226
that person to choose to have the public record duplicated upon	227
paper, upon the same medium upon which the public office or person	228
responsible for the public record keeps it, or upon any other	229
medium upon which the public office or person responsible for the	230
public record determines that it reasonably can be duplicated as	231
an integral part of the normal operations of the public office or	232
person responsible for the public record. When the person seeking	233
the copy makes a choice under this division, the public office or	234
person responsible for the public record shall provide a copy of	235
it in accordance with the choice made by the person seeking the	236
copy.	237

(3) Upon a request made in accordance with division (B)(1) of	238
this section, a public office or person responsible for public	239
records shall transmit a copy of a public record to any person by	240
United States mail within a reasonable period of time after	241
receiving the request for the copy. The public office or person	242
responsible for the public record may require the person making	243
the request to pay in advance the cost of postage and other	244
supplies used in the mailing.	245

Any public office may adopt a policy and procedures that it	246
will follow in transmitting, within a reasonable period of time	247
after receiving a request, copies of public records by United	248
States mail pursuant to this division. A public office that adopts	249
a policy and procedures under this division shall comply with them	250
in performing its duties under this division.	251

In any policy and procedures adopted under this division, a	252
public office may limit the number of records requested by a	253
person that the office will transmit by United States mail to ten	254
per month, unless the person certifies to the office in writing	255
that the person does not intend to use or forward the requested	256
records, or the information contained in them, for commercial	257
purposes. For purposes of this division, "commercial" shall be	258
narrowly construed and does not include reporting or gathering	259
news, reporting or gathering information to assist citizen	260
oversight or understanding of the operation or activities of	261
government, or nonprofit educational research.	262

(4) A public office or person responsible for public records	263
is not required to permit a person who is incarcerated pursuant to	264
a criminal conviction or a juvenile adjudication to inspect or to	265
obtain a copy of any public record concerning a criminal	266
investigation or prosecution or concerning what would be a	267
criminal investigation or prosecution if the subject of the	268
investigation or prosecution were an adult, unless the request to	269
inspect or to obtain a copy of the record is for the purpose of	270
acquiring information that is subject to release as a public	271
record under this section and the judge who imposed the sentence	272
or made the adjudication with respect to the person, or the	273
judge's successor in office, finds that the information sought in	274
the public record is necessary to support what appears to be a	275
justiciable claim of the person.	276

(5) Upon written request made and signed by a journalist on	277
or after December 16, 1999, a public office, or person responsible	278
for public records, having custody of the records of the agency	279
employing a specified peace officer, firefighter, or EMT shall	280
disclose to the journalist the address of the actual personal	281
residence of the peace officer, firefighter or EMT and, if the	282
peace officer's, firefighter's or EMT's spouse, former spouse, or	283
child is employed by a public office, the name and address of the	284
employer of the peace officer's, firefighter's, or EMT's spouse,	285
former spouse, or child. The request shall include the	286
journalist's name and title and the name and address of the	287
journalist's employer and shall state that disclosure of the	288
information sought would be in the public interest.	289

As used in division (B)(5) of this section, "journalist"	290
means a person engaged in, connected with, or employed by any news	291
medium, including a newspaper, magazine, press association, news	292
agency, or wire service, a radio or television station, or a	293
similar medium, for the purpose of gathering, processing,	294
transmitting, compiling, editing, or disseminating information for	295
the general public.	296

(C) If a person allegedly is aggrieved by the failure of a	297
public office to promptly prepare a public record and to make it	298
available to the person for inspection in accordance with division	299
(B) of this section, or if a person who has requested a copy of a	300
public record allegedly is aggrieved by the failure of a public	301
office or the person responsible for the public record to make a	302
copy available to the person allegedly aggrieved in accordance	303
with division (B) of this section, the person allegedly aggrieved	304
may commence a mandamus action to obtain a judgment that orders	305
the public office or the person responsible for the public record	306
to comply with division (B) of this section and that awards	307
reasonable attorney's fees to the person that instituted the	308
mandamus action. The mandamus action may be commenced in the court	309
of common pleas of the county in which division (B) of this	310
section allegedly was not complied with, in the supreme court	311
pursuant to its original jurisdiction under Section 2 of Article	312
IV, Ohio Constitution, or in the court of appeals for the	313
appellate district in which division (B) of this section allegedly	314
was not complied with pursuant to its original jurisdiction under	315
Section 3 of Article IV, Ohio Constitution.	316

(D) Chapter 1347. of the Revised Code does not limit the	317
provisions of this section.	318

(E)(1) The bureau of motor vehicles may adopt rules pursuant	319
to Chapter 119. of the Revised Code to reasonably limit the number	320
of bulk commercial special extraction requests made by a person	321
for the same records or for updated records during a calendar	322
year. The rules may include provisions for charges to be made for	323
bulk commercial special extraction requests for the actual cost of	324
the bureau, plus special extraction costs, plus ten per cent. The	325
bureau may charge for expenses for redacting information, the	326
release of which is prohibited by law.	327

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

328

(a) "Actual cost" means the cost of depleted supplies,	329
records storage media costs, actual mailing and alternative	330
delivery costs, or other transmitting costs, and any direct	331
equipment operating and maintenance costs, including actual costs	332
paid to private contractors for copying services.	333

(b) "Bulk commercial special extraction request" means a	334
request for copies of a record for information in a format other	335
than the format already available, or information that cannot be	336
extracted without examination of all items in a records series,	337
class of records, or data base by a person who intends to use or	338
forward the copies for surveys, marketing, solicitation, or resale	339
for commercial purposes. "Bulk commercial special extraction	340
request" does not include a request by a person who gives	341
assurance to the bureau that the person making the request does	342
not intend to use or forward the requested copies for surveys,	343
marketing, solicitation, or resale for commercial purposes.	344

(c) "Commercial" means profit-seeking production, buying, or	345
selling of any good, service, or other product.	346

(d) "Special extraction costs" means the cost of the time	347
spent by the lowest paid employee competent to perform the task,	348
the actual amount paid to outside private contractors employed by	349
the bureau, or the actual cost incurred to create computer	350
programs to make the special extraction. "Special extraction	351
costs" include any charges paid to a public agency for computer or	352
records services.	353

(3) For purposes of divisions (E)(1) and (2) of this section,	354
"commercial surveys, marketing, solicitation, or resale" shall be	355
narrowly construed and does not include reporting or gathering	356
news, reporting or gathering information to assist citizen	357
oversight or understanding of the operation or activities of	358
government, or nonprofit educational research.	359

Sec. 339.89.  Sections 339.71 to 339.88 of the Revised Code,	360
and the rules for tuberculosis adopted under section 3701.14	361
3701.146 of the Revised Code, do not require a person to undergo	362
testing, medical treatment, or detention in a hospital or other	363
place for treatment if the person, or, in the case of a child, the	364
child's parents, rely exclusively on spiritual treatment through	365
prayer, in lieu of medical treatment, in accordance with a	366
recognized, religious method of healing. The person may be	367
quarantined or otherwise safely isolated in the home or another	368
place that is suitable to the health of the person and has been	369
approved by the tuberculosis control unit as a place that provides	370
appropriate protection to other persons and the community.	371

Sec. 3701.03. (A) The director of health shall perform such	372
duties asthat are incident to histhe director's position as	373
chief executive officer of the department of health. HeThe	374
director shall administer the laws relating to health and	375
sanitation and the regulationsrules of the department of health.	376
HeThe director may designate employees of the department and,	377
during a public health emergency, other persons to administer the	378
laws and rules on the director's behalf.	379

(B) Nothing in this section authorizes any action that	380
prevents the fulfillment of duties or impairs the exercise of	381
authority established by law for any other person or entity.	382

(C) The director shall prepare sanitary and public health	383
regulationsrules for consideration by the public health council	384
and shall submit to saidthe council recommendations for new	385
legislation. The director shall sit at meetings of the council but	386
shall have no vote.	387

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

388

(1) Require such reports and make such inspections and	389
investigations asthat the director considers necessary;	390

(2) Provide such methods of administration, appoint such	391
personnel, make such reports, and take such other action as may be	392
necessary to comply with the requirements of the federal act	393
"Construction and Modernization of Hospitals and Other Medical	394
Facilities Act," Title VI of the "Public Health Service Act," 60	395
Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the regulations	396
thereunderadopted under that act;	397

(3) Procure by contract the temporary or intermittent	398
services of experts or, consultants, or organizations thereof when	399
suchthose services are to be performed on a part-time or	400
fee-for-service basis and do not involve the performance of	401
administrative duties;	402

(4) Enter into agreements for the utilization of the	403
facilities and services of other departments, agencies, and	404
institutions, public or private;	405

(5) On behalf of the state, solicit, accept, hold,	406
administer, and deposit in the state treasury to the credit of the	407
general operations fund created in section 3701.83 of the Revised	408
Code, any grant, gift, devise, bequest, or contribution made to	409
assist in meeting the cost of carrying out the director's	410
responsibilities and expend the grant, gift, devicedevise,	411
bequest, or contribution for the purpose for which made. Fees	412
collected by the director in connection with meetings and	413
conferences shall also be credited to the fund and expended for	414
the purposes for which paid.	415

(6) Make an annual report to the governor on activities and	416
expenditures, including recommendations for such additional	417
legislation as the director considers appropriate to furnish	418
adequate hospital, clinic, and similar facilities to the people of	419
this state.	420

(B) The director of health may enter into agreements to sell	421
services offered by the department of health to boards of health	422
of city and general health districts and to other departments,	423
agencies, and institutions of thethis state, other states, or the	424
United States. Fees collected by the director for the sale of	425
services under this division shall be deposited into the state	426
treasury to the credit of the general operations fund created in	427
section 3701.83 of the Revised Code.	428

Sec. 3701.06. The director of health and any person	429
authorized by himthe director authorizes may, without fee or	430
hindrance, enter, examine, and survey all grounds, vehicles,	431
apartments, buildings, and places in furtherance of any duty laid	432
upon the director or department of health or where hethe director	433
has reason to believe there exists a violation of any health law	434
or of the sanitary coderule.	435

Sec. 3701.07.  (A) The public health council shall adopt	436
rules in accordance with Chapter 119. of the Revised Code defining	437
and classifying hospitals and dispensaries and providing for the	438
reporting of information by hospitals and dispensaries. TheExcept	439
as otherwise provided in the Revised Code, the rules providing for	440
the reporting of information shall not require inclusion of any	441
confidential patient data or any information concerning the	442
financial condition, income, expenses, or net worth of the	443
facilities other than that financial information already contained	444
in those portions of the medicare or medicaid cost report that is	445
necessary for the department of health to certify the per diem	446
cost under section 3701.62 of the Revised Code. The rules may	447
require the reporting of information in the following categories:	448

(1) Information needed to identify and classify the	449
institution;	450

(2) Information on facilities and type and volume of services	451
provided by the institution;	452

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

453

(4) The number of licensed or certified professional	454
employees by classification;	455

(5) The number of births that occurred at the institution the	456
previous calendar year;	457

(6) Any other information that the council considers relevant	458
to the safety of patients served by the institution.	459

Every hospital and dispensary, public or private, annually	460
shall register with and report to the department of health.	461
Reports shall be submitted in the manner prescribed in rulerules	462
adopted under this division.	463

(B) Every governmental entity or private nonprofit	464
corporation or association whose employees or representatives are	465
defined as residents' rights advocates under divisions (E)(1) and	466
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	467
the Revised Code shall register with the department of health on	468
forms furnished by the director of health and shall provide such	469
reasonable identifying information as the director may prescribe.	470

The department shall compile a list of the governmental	471
entities, corporations, or associations registering under this	472
division and shall update the list annually. Copies of the list	473
shall be made available to nursing home administrators as defined	474
in division (C) of section 3721.10 of the Revised Code and to	475
adult care facility managers as defined in section 3722.01 of the	476
Revised Code.	477

(C) Every governmental entity or private nonprofit	478
corporation or association whose employees or representatives act	479
as residents' rights advocates for community alternative homes	480
pursuant to section 3724.08 of the Revised Code shall register	481
with the department of health on forms furnished by the director	482
of health and shall provide such reasonable identifying	483
information as the director may prescribe.	484

The department shall compile a list of the governmental	485
entities, corporations, and associations registering under this	486
division and shall update the list annually. Copies of the list	487
shall be made available to operators or residence managers of	488
community alternative homes as defined in section 3724.01 of the	489
Revised Code.	490

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

491

(1) "Bioterrorism" has the same meaning as in section	492
3701.232 of the Revised Code.	493

(2) "Surveillance" in the public health service means the	494
systematic collection, analysis, interpretation, and dissemination	495
of health data on an ongoing basis, to gain knowledge of the	496
pattern of disease occurrence and potential in a community in	497
order to control and prevent disease in the community.	498

(3) "Trauma center" has the same meaning as in section	499
4765.01 of the Revised Code.	500

(B) The public health council shall adopt rules in accordance	501
with Chapter 119. of the Revised Code that require a trauma center	502
to report information to the director of health describing the	503
trauma center's preparedness and capacity to respond to disasters,	504
mass casualties, and bioterrorism. The council's rules may require	505
the reporting of any information the council considers necessary	506
for an accurate description of a trauma center's preparedness and	507
capacity to respond to disasters, mass casualties, and	508
bioterrorism. Information reported pursuant to this division is	509
not a public record under section 149.43 of the Revised Code.	510

(C) Upon request, the department of health shall provide a	511
summary report of the public health council's rules adopted	512
pursuant to this section.	513

(D) The director shall review all information received	514
pursuant to this section. After reviewing the information, the	515
director may conduct an evaluation of a trauma center's	516
preparedness and capacity to respond to disasters, mass	517
casualties, and bioterrorism. An evaluation conducted pursuant to	518
this division is not a public record under section 149.43 of the	519
Revised Code.	520

Sec. 3701.13.  The department of health shall have	521
supervision of all matters relating to the preservation of the	522
life and health of the people and have supremeultimate authority	523
in matters of quarantine and isolation, which it may declare and	524
enforce, when noneneither exists, and modify, relax, or abolish,	525
when iteither has been established. It may approve means of	526
immunization against mumps, poliomyelitis, rubeola, diphtheria,	527
rubella (German measles), pertussis, tetanus, and hepatitis B for	528
the purpose of carrying out the provisions of section 3313.671 of	529
the Revised Code and take such actions as are necessary to	530
encourage vaccination against those diseases. It may make special	531
or standing orders or rules for preventing the use of fluoroscopes	532
for nonmedical purposes which emit doses of radiation likely to be	533
harmful to any person, for preventing the spread of contagious or	534
infectious diseases, for governing the receipt and conveyance of	535
remains of deceased persons, and for such other sanitary matters	536
as are best controlled by a general rule. Whenever possible, the	537
department shall work in cooperation with the health commissioner	538
of a general or city health district. It may make and enforce	539
orders in local matters when an emergency exists, or when the	540
board of health of a general or city health district has neglected	541
or refused to act with sufficient promptness or efficiency, or	542
when such board has not been established as provided by sections	543
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	544
of the Revised Code. In such cases the necessary expense incurred	545
shall be paid by the general health district or city for which the	546
services are rendered.	547

The department may make evaluative studies of the nutritional	548
status of Ohio residents, and of the food and nutrition-related	549
programs operating within the state. Every agency of the state, at	550
the request of the department, shall provide information and	551
otherwise assist in the execution of such studies.	552

Sec. 3701.14. (A) The director of health shall investigate or	553
make inquiry as to the cause of disease, especially whenor	554
illness, including contagious, infectious, epidemic, pandemic, or	555
endemic conditions, and take prompt action to control and suppress	556
it. The reports of births and deaths, the sanitary conditions and	557
effects of localities and employments, the personal and business	558
habits of the people that affect their health, and the relation of	559
the diseases of man and beast, shall be subjects of study by the	560
director. The director may make and execute orders necessary to	561
protect the people against diseases of lower animals, and shall	562
collect and preserve information in respect to such matters and	563
kindred subjects as may be useful in the discharge of the	564
director's duties, and for dissemination among the people. When	565
called upon by the state or local governments, or the board of	566
health of a general or city health district, the director shall	567
promptly investigate and report upon the water supply, sewerage,	568
disposal of excreta of any locality, and the heating, plumbing,	569
and ventilation of a public building.	570

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

571

(1) The director shall make payments to boards of county	572
commissioners in accordance with section 339.77 of the Revised	573
Code;	574

(2) The director shall maintain registries of hospitals,	575
clinics, physicians, or other care providers to whom the director	576
shall refer persons who make inquiries to the department of health	577
regarding possible exposure to tuberculosis;	578

(3) The director shall engage in tuberculosis surveillance	579
activities, including the collection and analysis of	580
epidemiological information relative to the frequency of	581
tuberculosis infection, demographic and geographic distribution of	582
tuberculosis cases, and trends pertaining to tuberculosis;	583

(4) The director shall maintain a tuberculosis registry to	584
record the incidence of tuberculosis in this state;	585

(5) The director may appoint physicians to serve as	586
tuberculosis consultants for geographic regions of the state	587
specified by the director. Each tuberculosis consultant shall act	588
in accordance with guidelines established by the director and	589
shall be responsible for advising and assisting physicians and	590
other health care practitioners who participate in tuberculosis	591
control activities and for reviewing medical records pertaining to	592
the treatment provided to individuals with tuberculosis.	593

(6) The public health council shall adopt rules establishing	594
standards for the following:	595

(a) Performing tuberculosis screenings;

596

(b) Performing examinations of individuals who have been	597
exposed to tuberculosis and individuals who are suspected of	598
having tuberculosis;	599

(c) Providing treatment to individuals with tuberculosis;

600

(d) Methods of preventing individuals with communicable	601
tuberculosis from infecting other individuals;	602

(e) Performing laboratory tests for tuberculosis and studies	603
of the resistance of tuberculosis to one or more drugs;	604

(f) Selecting laboratories that provide in a timely fashion	605
the results of a laboratory test for tuberculosis. The standards	606
shall include a requirement that first consideration be given to	607
laboratories located in this state.	608

The rules shall be adopted in accordance with Chapter 119. of	609
the Revised Code and shall be consistent with any recommendations	610
or guidelines on tuberculosis issued by the United States centers	611
for disease control and prevention or by the American thoracic	612
society. The rules shall apply to county or district tuberculosis	613
control units, physicians who examine and treat individuals for	614
tuberculosis, and laboratories that perform tests for tuberculosis	615
Information obtained during an investigation or inquiry the	616
director currently is conducting pursuant to division (A) of this	617
section and that is not yet complete is confidential during the	618
course of that investigation and shall not be released except	619
under one of the following conditions:	620

(1) The confidential information is released pursuant to a	621
search warrant or subpoena issued by or at the request of a grand	622
jury or prosecutor, as defined in section 2935.01 of the Revised	623
Code.	624

(2) The director has entered into a written agreement to	625
share or exchange the information with a person or government	626
entity, and that agreement requires the person or entity to comply	627
with the confidentiality requirements established under this	628
section.	629

(3) The director determines the release of the information is	630
necessary, based on an evaluation of relevant information, to	631
avert or mitigate a clear threat to an individual or to the public	632
health. Information released pursuant to this division shall be	633
limited to the release of the information to those persons	634
necessary to control, prevent, or mitigate disease.	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	652
(B)(3) 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

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	665
the director of health has all of the following duties and powers:	666

(1) The director shall make payments to boards of county	667
commissioners in accordance with section 339.77 of the Revised	668
Code.	669

(2) The director shall maintain registries of hospitals,	670
clinics, physicians, or other care providers to whom the director	671
shall refer persons who make inquiries to the department of health	672
regarding possible exposure to tuberculosis.	673

(3) The director shall engage in tuberculosis surveillance	674
activities, including the collection and analysis of	675
epidemiological information relative to the frequency of	676
tuberculosis infection, demographic and geographic distribution of	677
tuberculosis cases, and trends pertaining to tuberculosis.	678

(4) The director shall maintain a tuberculosis registry to	679
record the incidence of tuberculosis in this state.	680

(5) The director may appoint physicians to serve as	681
tuberculosis consultants for geographic regions of the state	682
specified by the director. Each tuberculosis consultant shall act	683
in accordance with rules the director establishes and shall be	684
responsible for advising and assisting physicians and other health	685
care practitioners who participate in tuberculosis control	686
activities and for reviewing medical records pertaining to the	687
treatment provided to individuals with tuberculosis.	688

(B)(1) The public health council shall adopt rules	689
establishing standards for the following:	690

(a) Performing tuberculosis screenings;

691

(b) Performing examinations of individuals who have been	692
exposed to tuberculosis and individuals who are suspected of	693
having tuberculosis;	694

(c) Providing treatment to individuals with tuberculosis;

695

(d) Preventing individuals with communicable tuberculosis	696
from infecting other individuals;	697

(e) Performing laboratory tests for tuberculosis and studies	698
of the resistance of tuberculosis to one or more drugs;	699

(f) Selecting laboratories that provide in a timely fashion	700
the results of a laboratory test for tuberculosis. The standards	701
shall include a requirement that first consideration be given to	702
laboratories located in this state.	703

(2) Rules adopted pursuant to this section shall be adopted	704
in accordance with Chapter 119. of the Revised Code and may be	705
consistent with any recommendations or guidelines on tuberculosis	706
issued by the United States centers for disease control and	707
prevention or by the American thoracic society. The rules shall	708
apply to county or district tuberculosis control units, physicians	709
who examine and treat individuals for tuberculosis, and	710
laboratories that perform tests for tuberculosis.	711

Sec. 3701.15.  Each year, the director of health shall make a	712
report to the governor, which shall include so much of the	713
proceedings of the department of health, such information	714
concerning vital statistics and diseases, such instructions on the	715
subject of hygiene for dissemination among the people and such	716
suggestions as to legislation, as hethe director deems proper.	717
The director shall include in histhe director's annual report a	718
full statement of all examinations made in the department's	719
chemical and bacteriologicalpublic health laboratory maintained	720
under section 3701.22 of the Revised Code, with a detailed account	721
of all expenses.	722

Sec. 3701.16. The director of health may purchase, store, and	723
distribute antitoxins, serums, vaccines, immunizing agents,	724
antibiotics, and other pharmaceutical agents or medical supplies	725
that the director deems advisable in the interest of preparing for	726
or responding to a public health emergency. The discretion granted	727
to the director by this section does not relieve the director of	728
the duty to act under section 3701.161 of the Revised Code.	729

Sec. 3701.16.        Sec. 3701.161.  The director of health shall make	730
necessary arrangements for the production and distribution of	731
diphtheria antitoxin. Such antitoxin shall in all respects be	732
equal in purity and potency to the standard of requirements of the	733
United States public health service for antitoxin for interstate	734
commerce. Diphtheria antitoxin shall be distributed in accordance	735
with such rules and regulations as may be adopted by the public	736
health council adopts pursuant to Chapter 119. of the Revised	737
Code.	738

Sec. 3701.17.        Sec. 3701.162.  Any licensed physician practicing in	739
thethis state, or the superintendent of any state or county	740
institution, may receive without charge suchthe quantities of	741
antitoxin as hethe physician or superintendent requires for the	742
treatment or prevention of diphtheria in indigent persons,	743
provided such antitoxin shall be used only for persons residing in	744
the state, and that a sufficient supply is available for	745
distribution.	746

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

747

(1) "Prosecutor" has the same meaning as in section 2935.01	748
of the Revised Code.	749

(2) "Protected health information" means information, in any	750
form, including oral, written, electronic, visual, pictorial, or	751
physical that describes an individual's past, present, or future	752
physical or mental health status or condition, receipt of	753
treatment or care, or purchase of health products, if either of	754
the following applies:	755

(a) The information reveals the identity of the individual	756
who is the subject of the information.	757

(b) The information could be used to reveal the identity of	758
the individual who is the subject of the information, either by	759
using the information alone or with other information that is	760
available to predictable recipients of the information.	761

(B) Protected health information reported to or obtained by	762
the director of health, the department of health, or a board of	763
health of a city or general health district is confidential and	764
shall not be released without the written consent of the	765
individual who is the subject of the information unless one of the	766
following applies:	767

(1) The release of the information is necessary to provide	768
treatment to the individual and the information is released	769
pursuant to a written agreement that requires the recipient of the	770
information to comply with the confidentiality requirements	771
established under this section.	772

(2) The release of the information is necessary to ensure the	773
accuracy of the information and the information is released	774
pursuant to a written agreement that requires the recipient of the	775
information to comply with the confidentiality requirements	776
established under this section.	777

(3) The information is released pursuant to a search warrant	778
or subpoena issued by or at the request of a grand jury or	779
prosecutor in connection with a criminal investigation or	780
prosecution.	781

(4) The director determines the release of the information is	782
necessary, based on an evaluation of relevant information, to	783
avert or mitigate a clear threat to an individual or to the public	784
health. Information may be released pursuant to this division only	785
to those persons or entities necessary to control, prevent, or	786
mitigate disease.	787

(C) Information that does not identify a person is not	788
protected health information and may be released in summary,	789
statistical, or aggregate form. Upon request, the director shall	790
release information in a summary, statistical, or aggregate form	791
that does not identify a person.	792

(D) Except for information released pursuant to division	793
(D)(4) of this section, any disclosure pursuant to this section	794
shall be in writing and accompanied by a written statement that	795
includes the following or substantially similar language: "This	796
information has been disclosed to you from confidential records	797
protected from disclosure by state law. If this information has	798
been released to you in other than a summary, statistical, or	799
aggregate form, you shall make no further disclosure of this	800
information without the specific, written, and informed release of	801
the person to whom it pertains, or as otherwise permitted by state	802
law. A general authorization for the release of medical or other	803
information is not sufficient for the release of information	804
pursuant to this section."	805

Sec. 3701.19.  As used in this section and in section 3701.20	806
sections 3701.19 to 3701.201 of the Revised Code:	807

(A) "Poison prevention and treatment center" means an entity	808
designated as a poison prevention and treatment center by the	809
director of health under section 3701.20 of the Revised Code.	810

(B) "Harm" means injury, death, or loss to person or	811
property.	812

(C) "Tort action" means a civil action for damages for	813
injury, death, or loss to person or property. "Tort action"	814
includes a product liability claim that is subject to sections	815
2307.71 to 2307.80 of the Revised Code, but does not include a	816
civil action for a breach of contract or another agreement between	817
persons.	818

(D)(1) Subject to division (D)(2) of this section,	819
"volunteer" means a trustee, officer, or agent of a poison	820
prevention and treatment center, or another person associated with	821
such a center, who satisfies both of the following:	822

(a) Performs services for or on behalf of, and under the	823
authority or auspices of, the center;	824

(b) Does not receive compensation, either directly or	825
indirectly, for performing those services.	826

(2) For purposes of division (D)(1) of this section,	827
"compensation" does not include any of the following:	828

(a) Actual and necessary expenses that are incurred by a	829
volunteer in connection with the services performed for a center,	830
and that are reimbursed to the volunteer or otherwise paid;	831

(b) Insurance premiums paid on behalf of a volunteer, and	832
amounts paid or reimbursed, pursuant to division (E) of section	833
1702.12 of the Revised Code;	834

(c) Modest perquisites.

835

Sec. 3701.201. (A) As used in this section, "bioterrorism"	836
has the same meaning as in section 3701.232 of the Revised Code.	837

(B) The public health council shall adopt rules in accordance	838
with Chapter 119. of the Revised Code under which a poison	839
prevention and treatment center or other health-related entity is	840
required to report events that may be caused by bioterrorism,	841
epidemic or pandemic disease, or established or novel infectious	842
agents or biological or chemical toxins posing a risk of human	843
fatality or disability. Rules adopted under this section may	844
require a report of any of the following:	845

(1) An unexpected pattern or increase in the number of	846
telephone inquiries or requests to provide information about	847
poison prevention and treatment and available services;	848

(2) An unexpected pattern or increase in the number of	849
requests to provide specialized treatment, consultation,	850
information, and educational programs to health care professionals	851
and the public;	852

(3) An unexpected pattern or increase in the number of	853
requests for information on established or novel infectious agents	854
or biological or chemical toxins posing a risk of human fatality	855
or disability that is relatively uncommon and may have been caused	856
by bioterrorism.	857

(C) Each poison prevention and treatment center and other	858
health-related entity shall comply with any reporting requirement	859
established in rules adopted under division (B) of this section.	860

(D) Information reported under this section that is protected	861
health information pursuant to section 3701.17 of the Revised Code	862
shall be released only in accordance with that section.	863
Information that does not identify an individual may be released	864
in summary, statistical, oraggregate form.	865

Sec. 3701.22.  The department of health shall maintain a	866
chemical and bacteriologicalpublic health laboratory for the	867
following:	868

(A) Examination of public water supplies and the effluent of	869
sewage purification works;	870

(B) Diagnosis of diphtheria, typhoid fever, hydrophobia,	871
glanders, and such otherscreening for, or confirmation of	872
diseases or pathogens as it deems necessary;	873

(C) Performance of biological, chemical, or radiological	874
analyses or examinations as it deems necessary;	875

(D) Analysis of patient specimens and food samples necessary	876
for investigation of foodborne illnesses. In foodborne illness	877
investigations, the laboratory shall cooperate and consult with	878
the director of agriculture acting pursuant to section 3715.02 of	879
the Revised Code.	880

Sec. 3701.23.        Sec. 3701.221.  (A) The director of health shall have	881
charge of the public health laboratory authorized bymaintained	882
pursuant to section 3701.22 of the Revised Code. The director may	883
employ an assistant for the laboratory who shall be a person	884
skilled in chemistry and bacteriology, and receive such	885
compensation as the director may allowdetermines. All expenses of	886
suchthe laboratory shall be paid from appropriations made for the	887
department of health.	888

(B) The public health council, in accordance with Chapter	889
119. of the Revised Code, shall adopt, and may amend or rescind,	890
rules establishing reasonable fees to be charged for services that	891
the laboratory performs. The council need not prescribe fees to be	892
charged in any case where the council believes that the charging	893
of fees would significantly and adversely affect the public	894
health. All fees collected for services that the laboratory	895
performs shall be deposited into the state treasury to the credit	896
of the "laboratory handling fee fund," which is hereby created for	897
the purpose of defraying expenses of operating the laboratory.	898

Sec. 3701.23. (A) As used in this section, "health care	899
provider" means any person or government entity that provides	900
health care services to individuals. "Health care provider"	901
includes, but is not limited to, hospitals, medical clinics and	902
offices, special care facilities, medical laboratories,	903
physicians, pharmacists, dentists, physician assistants,	904
registered and licensed practical nurses, laboratory technicians,	905
emergency medical service organization personnel, and ambulance	906
service organization personnel.	907

(B) Boards of health, health authorities or officials, health	908
care providers in localities in which there are no health	909
authorities or officials, and coroners or medical examiners shall	910
report promptly to the department of health the existence of any	911
of the following:	912

(1) Asiatic cholera;

913

(2) Yellow fever;

914

(3) Diphtheria;

915

(4) Typhus or typhoid fever;

916

(5) As specified by the public health council, other	917
contagious or infectious diseases, illnesses, health conditions,	918
or unusual infectious agents or biological toxins posing a risk of	919
human fatality or disability.	920

(C) No person shall fail to comply with the reporting	921
requirements established under division (B) of this section.	922

(D) The reports required by this section shall be submitted	923
on forms, as required by statute or rule, and in the manner the	924
director of health prescribes.	925

(E) Information reported under this section that is protected	926
health information pursuant to section 3701.17 of the Revised Code	927
shall be released only in accordance with that section.	928
Information that does not identify an individual may be released	929
in summary, statistical, or aggregate form.	930

Sec. 3701.231. If a medical laboratory outside this state	931
performs a test or other diagnostic or investigative analysis that	932
results in information pertaining to a resident of this state that	933
must be reported under section 3701.23 or 3707.06 of the Revised	934
Code, the entity using the laboratory shall ensure that the	935
laboratory complies with reporting and confidentiality	936
requirements and shall verify to the director of health that the	937
laboratory complies with reporting and confidentiality	938
requirements. The director shall establish procedures by which an	939
entity may verify the laboratory's compliance.	940

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

941

(1) "Bioterrorism" means the intentional use of any	942
microorganism, virus, infectious substance, or biological product	943
that may be engineered as a result of biotechnology, or any	944
naturally occurring or bioengineered component of a microorganism,	945
virus, infectious substance, or biological product, to cause	946
death, disease, or other biological malfunction in a human,	947
animal, plant, or other living organism as a means of influencing	948
the conduct of government or intimidating or coercing a	949
population.	950

(2) "Pharmacist" means an individual licensed under Chapter	951
4729. of the Revised Code to engage in the practice of pharmacy as	952
a pharmacist.	953

(3) "Pharmacy" and "prescription" have the same meanings as	954
in section 4729.01 of the Revised Code.	955

(B) The public health council shall adopt rules in accordance	956
with Chapter 119. of the Revised Code under which a pharmacy or	957
pharmacist is required to report significant changes in medication	958
usage that may be caused by bioterrorism, epidemic or pandemic	959
disease, or established or novel infectious agents or biological	960
toxins posing a risk of human fatality or disability. Rules	961
adopted under this section may require a report of any of the	962
following:	963

(1) An unexpected increase in the number of prescriptions for	964
antibiotics;	965

(2) An unexpected increase in the number of prescriptions for	966
medication to treat fever or respiratory or gastrointestinal	967
complaints;	968

(3) An unexpected increase in sales of, or the number of	969
requests for information on, over-the-counter medication to treat	970
fever or respiratory or gastrointestinal complaints;	971

(4) Any prescription for medication used to treat a disease	972
that is relatively uncommon and may have been caused by	973
bioterrorism.	974

(C) No person shall fail to comply with any reporting	975
requirement established in rules adopted under division (B) of	976
this section.	977

(D) Information reported under this section that is protected	978
health information pursuant to section 3701.17 of the Revised Code	979
shall be released only in accordance with that section.	980
Information that does not identify an individual may be released	981
in summary, statistical, or aggregate form.	982

Sec. 3701.24.  (A) As used in this section and sections	983
3701.241 to 3701.249 of the Revised Code:	984

(1) "AIDS" means the illness designated as acquired	985
immunodeficiency syndrome.	986

(2) "HIV" means the human immunodeficiency virus identified	987
as the causative agent of AIDS.	988

(3) "AIDS-related condition" means symptoms of illness	989
related to HIV infection, including AIDS-related complex, that are	990
confirmed by a positive HIV test.	991

(4) "HIV test" means any test for the antibody or antigen to	992
HIV that has been approved by the director of health under	993
division (B) of section 3701.241 of the Revised Code.	994

(5) "Health care facility" has the same meaning as in section	995
1751.01 of the Revised Code.	996

(6) "Director" means the director of health or any employee	997
of the department of health acting on the director's behalf.	998

(7) "Physician" means a person who holds a current, valid	999
certificate issued under Chapter 4731. of the Revised Code	1000
authorizing the practice of medicine or surgery and osteopathic	1001
medicine and surgery.	1002

(8) "Nurse" means a registered nurse or licensed practical	1003
nurse who holds a license or certificate issued under Chapter	1004
4723. of the Revised Code.	1005

(9) "Anonymous test" means an HIV test administered so that	1006
the individual to be tested can give informed consent to the test	1007
and receive the results by means of a code system that does not	1008
link the identity of the individual tested to the request for the	1009
test or the test results.	1010

(10) "Confidential test" means an HIV test administered so	1011
that the identity of the individual tested is linked to the test	1012
but is held in confidence to the extent provided by section	1013
sections 3701.24 to 3701.248 of the Revised Code.	1014

(11) "Health care provider" means an individual who provides	1015
diagnostic, evaluative, or treatment services. Pursuant to Chapter	1016
119. of the Revised Code, the public health council may adopt	1017
rules further defining the scope of the term "health care	1018
provider."	1019

(12) "Significant exposure to body fluids" means a	1020
percutaneous or mucous membrane exposure of an individual to the	1021
blood, semen, vaginal secretions, or spinal, synovial, pleural,	1022
peritoneal, pericardial, or amniotic fluid of another individual.	1023

(13) "Emergency medical services worker" means all of the	1024
following:	1025

(a) A peace officer;

1026

(b) An employee of an emergency medical service organization	1027
as defined in section 4765.01 of the Revised Code;	1028

(c) A firefighter employed by a political subdivision;

1029

(d) A volunteer firefighter, emergency operator, or rescue	1030
operator;	1031

(e) An employee of a private organization that renders rescue	1032
services, emergency medical services, or emergency medical	1033
transportation to accident victims and persons suffering serious	1034
illness or injury.	1035

(14) "Peace officer" has the same meaning as in division (A)	1036
of section 109.71 of the Revised Code, except that it also	1037
includes a sheriff and the superintendent and troopers of the	1038
state highway patrol.	1039

(B) Boards of health, health authorities or officials, and	1040
physicians in localities in which there are no health authorities	1041
or officials, shall report promptly to the department of health	1042
the existence of any one of the following diseases:	1043

(1) Asiatic cholera;

1044

(2) Yellow fever;

1045

(3) Diphtheria;

1046

(4) Typhus or typhoid fever;

1047

(5) Any other contagious or infectious diseases that the	1048
public health council specifies.	1049

(C) Persons designated by rule adopted by the public health	1050
council under section 3701.241 of the Revised Code shall report	1051
promptly every case of AIDS, every AIDS-related condition, and	1052
every confirmed positive HIV test to the department of health on	1053
forms and in a manner prescribed by the director. In each county	1054
the director shall designate the health commissioner of a health	1055
district in the county to receive the reports.	1056

(C) No person shall fail to comply with the reporting	1057
requirements established under division (B) of this section.	1058

(D) Information reported under this divisionsection that	1059
identifies an individual is confidential and may be released only	1060
with the written consent of the individual except as the director	1061
determines necessary to ensure the accuracy of the information, as	1062
necessary to provide treatment to the individual, as ordered by a	1063
court pursuant to section 3701.243 or 3701.247 of the Revised	1064
Code, or pursuant to a search warrant or a subpoena issued by or	1065
at the request of a grand jury, prosecuting attorney, city	1066
director of law or similar chief legal officer of a municipal	1067
corporation, or village solicitor, in connection with a criminal	1068
investigation or prosecution. Information that does not identify	1069
an individual may be released in summary, statistical, or other	1070
aggregate form.	1071

Sec. 3701.241.  (A) The director of health shall develop and	1072
administer the following:	1073

(1) A surveillance system to determine the number of cases of	1074
AIDS and the HIV infection rate in various population groups;	1075

(2) Counseling and testing programs for groups determined by	1076
the director to be at risk of HIV infection, including procedures	1077
for both confidential and anonymous tests, counseling training	1078
programs for health care providers, and development of counseling	1079
guidelines;	1080

(3) A confidential partner notification system to alert and	1081
counsel sexual contacts of individuals with HIV infection;	1082

(4) Risk reduction and education programs for groups	1083
determined by the director to be at risk of HIV infection, and, in	1084
consultation with a wide range of community leaders, education	1085
programs for the public;	1086

(5) Pilot programs for the long-term care of individuals with	1087
AIDS or AIDS-related condition, including care in nursing homes	1088
and in alternative settings;	1089

(6) Programs to expand regional outpatient treatment of	1090
individuals with AIDS or AIDS-related condition;	1091

(7) A program to assist communities, including communities of	1092
less than one hundred thousand population, in establishing AIDS	1093
task forces and support groups for individuals with AIDS,	1094
AIDS-related condition, and HIV infection. The program may include	1095
the award of grants if they are matched by local funds.	1096

Information obtained or maintained under the partner	1097
notification system is not a public record under section 149.43 of	1098
the Revised Code and may be released only in accordance with	1099
division (C) of section 3701.243 of the Revised Code.	1100

(B) The director shall:

1101

(1) Approve a test or tests to be used to determine whether	1102
an individual has HIV infection, define a confirmed positive test	1103
result, and develop guidelines for interpreting test results;	1104

(2) Establish sites for confidential and anonymous HIV tests,	1105
and prepare a list of sites where an individual may obtain an	1106
anonymous test;	1107

(3) Prepare a list of counseling services;

1108

(4) Make available a copy of the list of anonymous testing	1109
sites or a copy of the list of counseling services to anyone who	1110
requests it.	1111

(C) The director of health shall require the director or	1112
administrator of each site where anonymous or confidential HIV	1113
tests are given to submit a report every three months evaluating	1114
from an epidemiologic perspective the effectiveness of the HIV	1115
testing program at that site. Not later than January 31, 1991, and	1116
each year thereafter, the director of health shall make a report	1117
evaluating the anonymous and confidential testing programs	1118
throughout the state with regard to their effectiveness as	1119
epidemiologic programs. The report shall be submitted to the	1120
speaker of the house of representatives and the president of the	1121
senate and shall be made available to the public.	1122

The public health council shall adopt rules pursuant to	1123
Chapter 119. of the Revised Code for the implementation of the	1124
requirements of division (B)(1) of this section and division	1125
(C)(D) of section 3701.24 of the Revised Code.	1126

(D) The director of health shall administer funds received	1127
under Title XXVI of the "Public Health Services Act," 104 Stat.	1128
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	1129
the quality and availability of care for individuals with AIDS,	1130
AIDS-related condition, and HIV infection. In administering these	1131
funds, the director may enter into contracts with any person or	1132
entity for the purpose of administering the programs, including	1133
contracts with the department of job and family services for	1134
establishment of a program of reimbursement of drugs used for	1135
treatment and care of such individuals. The director of health may	1136
adopt rules in accordance with Chapter 119. of the Revised Code	1137
and issue orders as necessary for administration of the funds. If	1138
the department of job and family services enters into a contract	1139
under this division, the director of job and family services may	1140
adopt rules in accordance with Chapter 119. of the Revised Code as	1141
necessary for carrying out the department's duties under the	1142
contract.	1143

Sec. 3701.25. (A) Every physician attending on or called in	1144
to visit a patient whom hethe physician believes to be suffering	1145
from poisoning from lead, cadmium, phosphorus, arsenic, brass,	1146
wood alcohol, mercury, or their compounds, or from anthrax or from	1147
compressed air illness and such other occupational diseases and	1148
ailments as the department of health shall require to be reported,	1149
shall within forty-eight hours from the time of first attending	1150
such patient send to the director of health a report stating:	1151

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

1152

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

1153

(C)(3) Nature of disease;

1154

(D)(4) Such other information as may be reasonably required	1155
by the department.	1156

(B) No person shall fail to comply with the reporting	1157
requirements established under division (A) of this section.	1158

(C) The reports required by this section shall be made on, or	1159
in conformity with, the standard schedule blanks provided for in	1160
section 3701.26 of the Revised Code. The mailing of the report,	1161
within the time required, in a stamped envelope addressed to the	1162
office of the director, shall be in compliance with this section.	1163

(D) Such reports shall not be evidence of the facts therein	1164
stated in any action arising out of the disease therein reported.	1165

(E) Information reported under this section that is protected	1166
health information pursuant to section 3701.17 of the Revised Code	1167
shall be released only in accordance with that section.	1168
Information that does not identify an individual may be released	1169
in summary, statistical, or aggregate form.	1170

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

1171

(A)(1) Adopt, and may amend or rescind, sanitary rules to be	1172
of general application throughout the state. The sanitary rules	1173
shall be known as the sanitary code.	1174

(B) Take evidence in appeals from the decision of the	1175
director of health in a matter relative to the approval or	1176
disapproval of plans, locations, estimates of cost, or other	1177
matters coming before the director for official action. In the	1178
hearing of such appeals the director may be represented in person	1179
or by the attorney general.	1180

(C);

1181

(2) Conduct hearings in cases where the law requires that the	1182
department shall give such hearings and reach decisions on the	1183
evidence presented, which shall govern subsequent actions of the	1184
director with reference thereto;	1185

(D)(3) Prescribe, by rule, the number and functions of	1186
divisions and bureaus and the qualifications of chiefs or	1187
divisions and bureaus within the department;	1188

(E)(4) Enact and amend bylaws in relation to its meetings and	1189
the transaction of its business;	1190

(F)(5) Consider any matter relating to the preservation and	1191
improvement of the public health and advise the director thereon	1192
with such recommendations as it considers wise.	1193

(B) The council shall neither have nor exercise executive or	1194
administrative duties.	1195

Sec. 3701.35.  Every regulation,adopted byrule the public	1196
health council,adopts shall state the date on which it takes	1197
effect, and a copy thereof, signed by the secretary of the	1198
council, shall be filed in the office of the secretary of state,	1199
and a copy thereof shall be sent by the director of health to each	1200
board of health of a general or a city health district, health	1201
officer, or person performing the duties of health officer, within	1202
the state, and shall be published in such manner as the council	1203
may determine. Every provision of the sanitary codecouncil's	1204
rules shall apply to and be effective in all portions of the	1205
state.	1206

Sec. 3701.352.  No person shall violate any rule of the	1207
public health council of the, director of health, or department of	1208
health adopted under section 3701.34 of the Revised Codeadopts or	1209
any order of the director or department of health issuedissues	1210
under Chapter 3701. of the Revised Codethis chapter to prevent a	1211
threat to the public caused by a pandemic, epidemic, or	1212
bioterrorism event.	1213

Sec. 3701.501.  (A)(1) Except as provided in division (A)(2)	1214
of this section, all newborn children shall be screened for the	1215
presence of the genetic, endocrine, and metabolic disorders	1216
specified in rules, adopted pursuant to this section.	1217

(2) Division (A)(1) of this section does not apply if the	1218
parents of the child object thereto on the grounds that the	1219
screening conflicts with their religious tenets and practices.	1220

(B) There is hereby created the newborn screening advisory	1221
council to advise the director of health regarding the screening	1222
of newborn children for genetic, endocrine, and metabolic	1223
disorders. The council shall engage in an ongoing review of the	1224
newborn screening requirements established under this section and	1225
shall provide recommendations and reports to the director as the	1226
director requests and as the council considers necessary. The	1227
director may assign other duties to the council, as the director	1228
considers appropriate.	1229

The council shall consist of fourteen members appointed by	1230
the director. In making appointments, the director shall select	1231
individuals and representatives of entities with interest and	1232
expertise in newborn screening, including such individuals and	1233
entities as health care professionals, hospitals, children's	1234
hospitals, regional genetic centers, regional sickle cell centers,	1235
newborn screening coordinators, and members of the public.	1236

The department of health shall provide meeting space, staff	1237
services, and other technical assistance required by the council	1238
in carrying out its duties. Members of the council shall serve	1239
without compensation, but shall be reimbursed for their actual and	1240
necessary expenses incurred in attending meetings of the council	1241
or performing assignments for the council.	1242

The council is not subject to sections 101.82 to 101.87 of	1243
the Revised Code.	1244

(C)(1) The director of health shall adopt rules in accordance	1245
with Chapter 119. of the Revised Code specifying the disorders for	1246
which each newborn child must be screened.	1247

(2) The newborn screening advisory council shall evaluate	1248
genetic, metabolic, and endocrine disorders to assist the director	1249
in determining which disorders should be included in the	1250
screenings required under this section. In determining whether a	1251
disorder should be included, the council shall consider all of the	1252
following:	1253

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

1254

(b) Whether the disorder causes disability if diagnosis,	1255
treatment, and early intervention are delayed;	1256

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

1257

(d) The expected benefits to children and society in relation	1258
to the risks and costs associated with screening for the disorder;	1259

(e) Whether a screening for the disorder can be conducted	1260
without taking an additional blood sample or specimen.	1261

(3) Based on the considerations specified in division (C)(2)	1262
of this section, the council shall make recommendations to the	1263
director of health for the adoption of rules under division (C)(1)	1264
of this section. The director shall promptly and thoroughly review	1265
each recommendation the council submits.	1266

(D) The director shall adopt rules in accordance with Chapter	1267
119. of the Revised Code establishing standards and procedures for	1268
the screenings required by this section. The rules shall include	1269
standards and procedures for all of the following:	1270

(1) Causing rescreenings to be performed when initial	1271
screenings have abnormal results;	1272

(2) Designating the person or persons who will be responsible	1273
for causing screenings and rescreenings to be performed;	1274

(3) Giving to the parents of a child notice of the required	1275
initial screening and the possibility that rescreenings may be	1276
necessary;	1277

(4) Communicating to the parents of a child the results of	1278
the child's screening and any rescreenings that are performed;	1279

(5) Giving notice of the results of an initial screening and	1280
any rescreenings to the person who caused the child to be screened	1281
or rescreened, or to another person or government entity when the	1282
person who caused the child to be screened or rescreened cannot be	1283
contacted;	1284

(6) Referring children who receive abnormal screening or	1285
rescreening results to providers of follow-up services, including	1286
the services made available through funds disbursed under division	1287
(F) of this section.	1288

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1289
section, all newborn screenings required by this section shall be	1290
performed by the public health laboratory authorizedmaintained	1291
under section 3701.22 of the Revised Code.	1292

(2) If the director determines that the public health	1293
laboratory authorized under section 3701.22 of the Revised Code is	1294
unable to perform screenings for all of the disorders specified in	1295
the rules adopted under division (C) of this section, the director	1296
shall select another laboratory to perform the screenings. The	1297
director shall select the laboratory by issuing a request for	1298
proposals. The director may accept proposals submitted by	1299
laboratories located outside this state. At the conclusion of the	1300
selection process, the director shall enter into a written	1301
contract with the selected laboratory. If the director determines	1302
that the laboratory is not complying with the terms of the	1303
contract, the director shall immediately terminate the contract	1304
and another laboratory shall be selected and contracted with in	1305
the same manner.	1306

(3) Any rescreening caused to be performed pursuant to this	1307
section may be performed by the public health laboratory	1308
authorized by section 3701.22 of the Revised Code or one or more	1309
other laboratories designated by the director. Any laboratory the	1310
director considers qualified to perform rescreenings may be	1311
designated, including a laboratory located outside this state. If	1312
more than one laboratory is designated, the person responsible for	1313
causing a rescreening to be performed is also responsible for	1314
selecting the laboratory to be used.	1315

(F)(1) The director shall adopt rules in accordance with	1316
Chapter 119. of the Revised Code establishing a fee that shall be	1317
charged and collected in addition to or in conjunction with any	1318
laboratory fee that is charged and collected for performing the	1319
screenings required by this section. The fee, which shall be not	1320
less than fourteen dollars, shall be disbursed as follows:	1321

(a) Not less than ten dollars and twenty-five cents shall be	1322
deposited in the state treasury to the credit of the genetics	1323
services fund, which is hereby created. Not less than seven	1324
dollars and twenty-five cents of each fee credited to the genetics	1325
services fund shall be used to defray the costs of the programs	1326
authorized by section 3701.502 of the Revised Code. Not less than	1327
three dollars from each fee credited to the genetics services fund	1328
shall be used to defray costs of phenylketonuria programs.	1329

(b) Not less than three dollars and seventy-five cents shall	1330
be deposited into the state treasury to the credit of the sickle	1331
cell fund, which is hereby created. Money credited to the sickle	1332
cell fund shall be used to defray costs of programs authorized by	1333
section 3701.131 of the Revised Code.	1334

(2) In adopting rules under division (F)(1) of this section,	1335
the director shall not establish a fee that differs according to	1336
whether a screening is performed by the public health laboratory	1337
authorized under section 3701.22 of the Revised Code or by another	1338
laboratory selected by the director pursuant to division (E)(2) of	1339
this section.	1340

Sec. 3701.56.  Boards of health of a general or city health	1341
district, health authorities and officials, officers of state	1342
institutions, police officers, sheriffs, constables, and other	1343
officers and employees of the state or any county, city, or	1344
township, shall enforce the quarantine and sanitaryisolation	1345
orders, and the rules and regulations adopted by the department of	1346
health adopts.	1347

Sec. 3701.57.  All prosecutions and proceedings by the	1348
department of health for the violation of sections 3701.01 to	1349
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	1350
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	1351
the Revised Code, or for the violation of any of the orders or	1352
rules of the department, shall be instituted by the director of	1353
health. AllExcept as provided in division (C) of section 3701.571	1354
of the Revised Code, all fines or judgments collected by the	1355
department collects shall be paid into the state treasury to the	1356
credit of the general revenue fund.	1357

The director of health, the board of health of a general or	1358
city health district, or any person charged with enforcing the	1359
rules of the department of health as provided in section 3701.56	1360
of the Revised Code may petition the court of common pleas for	1361
injunctive or other appropriate relief requiring any person	1362
violating a rule adopted by the public health council under	1363
section 3701.34 of the Revised Code or any order issued by the	1364
director of health under this chapter to comply with such rule or	1365
order. The court of common pleas of the county in which the	1366
offense is alleged to be occurring may grant such injunctive or	1367
other appropriate relief as the equities of the case require.	1368

Sec. 3701.571. (A) The director of health shall adopt rules	1369
pursuant to Chapter 119. of the Revised Code that establish a	1370
graduated system of fines based on the scope and severity of	1371
violations and the history of compliance, not to exceed seven	1372
hundred fifty dollars per incident, and in an adjudication under	1373
Chapter 119. of the Revised Code, may impose a fine against any	1374
person who violates division (C) of section 3701.23, division (C)	1375
of section 3701.232, division (C) of section 3701.24, division (B)	1376
of section 3701.25, or division (B) of section 3707.06 of the	1377
Revised Code or against any poison prevention and treatment center	1378
or other health-related entity that fails to comply with division	1379
(C) of section 3701.201 of the Revised Code.	1380

(B) On request of the director, the attorney general shall	1381
bring and prosecute to judgment a civil action to collect any fine	1382
imposed under division (A) of this section that remains unpaid.	1383

(C) All fines collected under this section shall be deposited	1384
into the state treasury to the credit of the general operations	1385
fund created under section 3701.83 of the Revised Code.	1386

Sec. 3701.99.  (A) Whoever violates division (C) of section	1387
3701.23, division (C) of section 3701.232, division (C) of section	1388
3701.24, division (B) of section 3701.25 of the Revised Code is	1389
guilty of a minor misdemeanor on a first offense; on each	1390
subsequent offense, the person is guilty of a misdemeanor of the	1391
second degree.	1392

(B) Whoever violates, division (I) of section 3701.262,	1393
division (D) of section 3701.263, or section 3701.352 or sections	1394
3701.46 to 3701.55 of the Revised Code is guilty of a minor	1395
misdemeanor on a first offense; on each subsequent offense, the	1396
person is guilty of a misdemeanor of the fourth degree.	1397

(C)(B) Whoever violates section 3701.82 of the Revised Code	1398
is guilty of a misdemeanor of the first degree.	1399

(D)(C) Whoever violates division (A) of section 3701.352 or	1400
section 3701.81 of the Revised Code is guilty of a misdemeanor of	1401
the second degree.	1402

(E) Whoever violates division (G) of section 3701.88 of the	1403
Revised Code shall be fined not more than one hundred dollars.	1404
Each day the violation continues is a separate offense.	1405

Sec. 3707.06. (A) Each physician or other person called to	1406
attend a person suffering from cholera, plague, yellow fever,	1407
typhus fever, diphtheria, typhoid fever, or any other disease	1408
dangerous to the public health, or required by the department of	1409
health to be reported, shall report to the health commissioner	1410
within whose jurisdiction the sick person is found the name, age,	1411
sex, and color of the patient, and the house and place in which	1412
the sick person may be found. In like manner, the owner or agent	1413
of the owner of a building in which a person resides who has any	1414
of the listed diseases, or in which are the remains of a person	1415
having died of any of the listed diseases, and the head of the	1416
family, immediately after becoming aware of the fact, shall give	1417
notice thereof to the health commissioner.	1418

(B) No person shall fail to comply with the reporting	1419
requirements of division (A) of this section.	1420

(C) Information reported under this section that is protected	1421
health information pursuant to section 3701.17 of the Revised Code	1422
shall be released only in accordance with that section.	1423
Information that does not identify an individual may be released	1424
in summary, statistical, or aggregate form.	1425

Sec. 3707.34.  (A) The health commissioner appointed by a	1426
board of health of a general or city health district may act on	1427
behalf of the board in administering the provision of sections	1428
3707.04 to 3707.32 of the Revised Code regarding quarantine and	1429
isolation if the commissioner acts pursuant to a policy the board	1430
adopts as described in division (B) of this section and either of	1431
the following applies:	1432

(1) Circumstances render a meeting of the board impractical	1433
or impossible.	1434

(2) Delaying action until a meeting of the board compromises	1435
the public health.	1436

(B) Each board of health shall adopt a policy, subject to the	1437
approval of the district advisory council or city council for city	1438
health districts not governed by an advisory council, specifying	1439
the actions that a health commissioner may take pursuant to this	1440
section. Any action a health commissioner takes in accordance with	1441
the board's policy is deemed an action taken by the board unless	1442
the board votes to nullify the commissioner's action.	1443

Sec. 3707.33.        Sec. 3707.38.  The board of health of a city or	1444
general health district may appoint, define the duties of, and fix	1445
the compensation of the number of inspectors of shops, wagons,	1446
appliances, and food, and the number of other persons necessary to	1447
carry out this chapter and Chapter 3717. of the Revised Code and,	1448
if applicable, to carry out any duties assumed by the board under	1449
an agreement entered into under division (B) of section 917.02 of	1450
the Revised Code. Inspectors for those purposes may enter any	1451
house, vehicle, or yard. The board may authorize the health	1452
commissioner to perform the duties of the inspectors.	1453

Sec. 3715.02.  (A) The director of agriculture shall adopt	1454
rules in accordance with Chapter 119. of the Revised Code that	1455
establish, when otherwise not established by a law of this state,	1456
definitions for a food or class of food and standards for the	1457
following items as they pertain to the food or class of food:	1458

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

1459

(2) Packaging and labeling;

1460

(3) Food processing equipment;

1461

(4) Processing procedures;

1462

(5) Fill of containers.

1463

The standards and definitions, where applicable, shall	1464
conform to the standards for foods adopted by the United States	1465
department of agriculture and the United States food and drug	1466
administration. Portions of Titles 7, 9, and 21 of the Code of	1467
Federal Regulations or the regulations adopted for the enforcement	1468
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040	1469
(1938), 21 U.S.C.A. 301 et seq., as amended, may be adopted as	1470
rules by referencing the federal regulations, subject to the	1471
approval of the joint committee on agency rule review.	1472

In adopting rules that establish definitions and standards of	1473
identity for a food or class of food in which only a limited	1474
number of optional ingredients are permitted, the director shall	1475
designate the optional ingredients that must be listed on the	1476
label.	1477

(B) The director shall adopt rules in accordance with Chapter	1478
119. of the Revised Code that establish procedures for the	1479
performance of sample analyses of food, food additives, and food	1480
packaging materials. The circumstances under which a sample	1481
analysis may be required include the following:	1482

(1) When a food, food additive, or food packaging material is	1483
the subject of a consumer complaint;	1484

(2) When requested by a consumer after a physician has	1485
isolated an organism from the consumer as the physician's patient;	1486

(3) When a food, food additive, or food packaging material is	1487
suspected of having caused an illness;	1488

(4) When a food, food additive, or food packaging material is	1489
suspected of being adulterated or misbranded;	1490

(5) When a food, food additive, or food packaging material is	1491
subject to verification of food labeling and standards of	1492
identity;	1493

(6) At any other time the director considers a sample	1494
analysis necessary.	1495

(C) In foodborne illness investigations, the director of	1496
agriculture shall cooperate and consult with the public health	1497
laboratory maintained by the department of health under section	1498
3701.22 of the Revised Code.	1499

(D) The director or the director's designee shall do all of	1500
the following:	1501

(1) Inspect drugs, food, or drink manufactured, stored, or	1502
offered for sale in this state;	1503

(2) Prosecute or cause to be prosecuted each person engaged	1504
in the unlawful manufacture or sale of an adulterated drug or	1505
article of food or drink, in violation of law;	1506

(3) Enforce all laws against fraud, adulteration, or	1507
impurities in drugs, foods, or drinks and unlawful labeling within	1508
this state.	1509

(E) The director may appoint or contract for one or more	1510
qualified persons to enforce the provisions of this chapter.	1511

Sec. 3901.46.  As used in this section, "membership	1512
organization" means a fraternal or other association or group of	1513
individuals involved in the same occupation, activity, or interest	1514
that is organized and maintained in good faith for purposes other	1515
than to obtain insurance and is not organized or maintained for	1516
the purpose of engaging in activities for gain or profit.	1517

(A) In underwriting an individual policy of life or sickness	1518
and accident insurance or a group policy of life or sickness and	1519
accident insurance providing coverage for members of a membership	1520
organization, an insurer may require an applicant for coverage	1521
under the policy to submit to an HIV test only in conjunction with	1522
tests for other health conditions. No applicant shall be required	1523
to submit to an HIV test on the basis of histhe applicant's	1524
sexual orientation or factors described in division (C)(1) of	1525
section 3901.45 of the Revised Code that are used to ascertain his	1526
the applicant's sexual orientation.	1527

(B)(1) An insurer that requests an applicant to take an HIV	1528
test shall obtain the applicant's written consent for the test and	1529
shall inform the applicant of the purpose of the test. The consent	1530
form shall include information about the tests to be performed,	1531
the confidentiality of the results, procedures for notifying the	1532
applicant of the results, and a general interpretation of test	1533
results.	1534

(2) The superintendent of insurance shall adopt rules under	1535
Chapter 119. of the Revised Code establishing the form and content	1536
of the consent required under division (B)(1) of this section.	1537

(C) An insurer may disclose the results of a positive HIV	1538
test only to the following persons:	1539

(1) The applicant;

1540

(2) The applicant's or insured's physician or other health	1541
care provider if the applicant or insured provides the insurer	1542
with prior written consent for disclosure;	1543

(3) Another person that the applicant or insured specifically	1544
designates in writing;	1545

(4) A medical information exchange for insurers operated	1546
under procedures intended to ensure confidentiality, including the	1547
use of general codes for results of tests for a number of diseases	1548
and conditions as well as for AIDS or an AIDS-related condition.	1549

(D) The HIV test or tests to be given the applicant shall be	1550
a test or tests approved by the director of health pursuant to	1551
division (B) of section 3701.241 of the Revised Code. Test results	1552
shall be interpreted strictly in accordance with guidelines for	1553
the use of the tests adopted by the director.	1554

(E) The requirements of division (C)(B) of section 3701.24	1555
and sections 3701.242 and 3701.243 of the Revised Code do not	1556
apply to insurers in the underwriting of an individual policy of	1557
life or sickness and accident insurance or of a group policy of	1558
life or sickness and accident insurance providing coverage for	1559
members of a membership organization, except that an insurer may	1560
make use of the procedures in division (C) of section 3701.243 of	1561
the Revised Code.	1562

(F) In underwriting a group policy of life or sickness and	1563
accident insurance, no insurer shall require an individual seeking	1564
coverage, other than an individual seeking coverage under the	1565
policy of a membership organization, to submit to an HIV test.	1566

(G) A violation of this section is an unfair insurance	1567
practice under sections 3901.19 to 3901.26 of the Revised Code.	1568

Sec. 4736.01.  As used in this chapter:

1569

(A) "Environmental health science" means the aspect of public	1570
health science that includes, but is not limited to, the following	1571
bodies of knowledge: air quality, food quality and protection,	1572
hazardous and toxic substances, consumer product safety, housing,	1573
institutional health and safety, community noise control,	1574
radiation protection, recreational facilities, solid and liquid	1575
waste management, vector control, drinking water quality, milk	1576
sanitation, and rabies control.	1577

(B) "Sanitarian" means a person who performs for compensation	1578
educational, investigational, technical, or administrative duties	1579
requiring specialized knowledge and skills in the field of	1580
environmental health science.	1581

(C) "Registered sanitarian" means a person who is registered	1582
as a sanitarian in accordance with Chapter 4736. of the Revised	1583
Code.	1584

(D) "Sanitarian-in-training" means a person who is registered	1585
as a sanitarian-in-training in accordance with Chapter 4736. of	1586
the Revised Code.	1587

(E) "Practice of environmental health" means consultation,	1588
instruction, investigation, inspection, or evaluation by an	1589
employee of a city health district, a general health district, the	1590
Ohio environmental protection agency, the department of health, or	1591
the department of agriculture requiring specialized knowledge,	1592
training, and experience in the field of environmental health	1593
science, with the primary purpose of improving or conducting	1594
administration or enforcement under any of the following:	1595

(1) Chapter 911., 913., 917., 3717., 3721., or 3733. of the	1596
Revised Code;	1597

(2) Chapter 3734. of the Revised Code as it pertains to solid	1598
waste;	1599

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	1600
3707.333707.38 to 3707.99, or section 3715.21 of the Revised	1601
Code;	1602

(4) Rules adopted under section 3701.34 of the Revised Code	1603
pertaining to home sewage, rabies control, or swimming pools.	1604

"Practice of environmental health" does not include sampling,	1605
testing, controlling of vectors, reporting of observations, or	1606
other duties that do not require application of specialized	1607
knowledge and skills in environmental health science performed	1608
under the supervision of a registered sanitarian.	1609

The state board of sanitarian registration may further define	1610
environmental health science in relation to specific functions in	1611
the practice of environmental health through rules adopted by the	1612
board under Chapter 119. of the Revised Code.	1613

Section 2. That existing sections 149.43, 339.89, 3701.03,	1614
3701.04, 3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16,	1615
3701.17, 3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25,	1616
3701.34, 3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99,	1617
3707.06, 3707.33, 3715.02, 3901.46, and 4736.01 of the Revised	1618
Code are hereby repealed.	1619

Section 3.  That the version of section 149.43 of the Revised	1620
Code that is scheduled to take effect January 1, 2004, be amended	1621
to read as follows:	1622

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

1623

(1) "Public record" means records kept by any public office,	1624
including, but not limited to, state, county, city, village,	1625
township, and school district units, and records pertaining to the	1626
delivery of educational services by an alternative school in Ohio	1627
kept by a nonprofit or for profit entity operating such	1628
alternative school pursuant to section 3313.533 of the Revised	1629
Code. "Public record" does not mean any of the following:	1630

(a) Medical records;

1631

(b) Records pertaining to probation and parole proceedings or	1632
to proceedings related to the imposition of community control	1633
sanctions and post-release control sanctions;	1634

(c) Records pertaining to actions under section 2151.85 and	1635
division (C) of section 2919.121 of the Revised Code and to	1636
appeals of actions arising under those sections;	1637

(d) Records pertaining to adoption proceedings, including the	1638
contents of an adoption file maintained by the department of	1639
health under section 3705.12 of the Revised Code;	1640

(e) Information in a record contained in the putative father	1641
registry established by section 3107.062 of the Revised Code,	1642
regardless of whether the information is held by the department of	1643
job and family services or, pursuant to section 3111.69 of the	1644
Revised Code, the office of child support in the department or a	1645
child support enforcement agency;	1646

(f) Records listed in division (A) of section 3107.42 of the	1647
Revised Code or specified in division (A) of section 3107.52 of	1648
the Revised Code;	1649

(g) Trial preparation records;

1650

(h) Confidential law enforcement investigatory records;

1651

(i) Records containing information that is confidential under	1652
section 2317.023 or 4112.05 of the Revised Code;	1653

(j) DNA records stored in the DNA database pursuant to	1654
section 109.573 of the Revised Code;	1655

(k) Inmate records released by the department of	1656
rehabilitation and correction to the department of youth services	1657
or a court of record pursuant to division (E) of section 5120.21	1658
of the Revised Code;	1659

(l) Records maintained by the department of youth services	1660
pertaining to children in its custody released by the department	1661
of youth services to the department of rehabilitation and	1662
correction pursuant to section 5139.05 of the Revised Code;	1663

(m) Intellectual property records;

1664

(n) Donor profile records;

1665

(o) Records maintained by the department of job and family	1666
services pursuant to section 3121.894 of the Revised Code;	1667

(p) Peace officer, firefighter, or EMT residential and	1668
familial information;	1669

(q) In the case of a county hospital operated pursuant to	1670
Chapter 339. of the Revised Code, information that constitutes a	1671
trade secret, as defined in section 1333.61 of the Revised Code;	1672

(r) Information pertaining to the recreational activities of	1673
a person under the age of eighteen;	1674

(s) Records provided to, statements made by review board	1675
members during meetings of, and all work products of a child	1676
fatality review board acting under sections 307.621 to 307.629 of	1677
the Revised Code, other than the report prepared pursuant to	1678
section 307.626 of the Revised Code;	1679

(t) Records provided to and statements made by the executive	1680
director of a public children services agency or a prosecuting	1681
attorney acting pursuant to section 5153.171 of the Revised Code	1682
other than the information released under that section;	1683

(u) Test materials, examinations, or evaluation tools used in	1684
an examination for licensure as a nursing home administrator that	1685
the board of examiners of nursing home administrators administers	1686
under section 4751.04 of the Revised Code or contracts under that	1687
section with a private or government entity to administer;	1688

(v) Records the release of which is prohibited by state or	1689
federal law;	1690

(w) Proprietary information of or relating to any person that	1691
is submitted to or compiled by the Ohio venture capital authority	1692
created under section 150.01 of the Revised Code;	1693

(x) Information reported and evaluations conducted pursuant	1694
to section 3701.072 of the Revised Code.	1695

(2) "Confidential law enforcement investigatory record" means	1696
any record that pertains to a law enforcement matter of a	1697
criminal, quasi-criminal, civil, or administrative nature, but	1698
only to the extent that the release of the record would create a	1699
high probability of disclosure of any of the following:	1700

(a) The identity of a suspect who has not been charged with	1701
the offense to which the record pertains, or of an information	1702
source or witness to whom confidentiality has been reasonably	1703
promised;	1704

(b) Information provided by an information source or witness	1705
to whom confidentiality has been reasonably promised, which	1706
information would reasonably tend to disclose the source's or	1707
witness's identity;	1708

(c) Specific confidential investigatory techniques or	1709
procedures or specific investigatory work product;	1710

(d) Information that would endanger the life or physical	1711
safety of law enforcement personnel, a crime victim, a witness, or	1712
a confidential information source.	1713

(3) "Medical record" means any document or combination of	1714
documents, except births, deaths, and the fact of admission to or	1715
discharge from a hospital, that pertains to the medical history,	1716
diagnosis, prognosis, or medical condition of a patient and that	1717
is generated and maintained in the process of medical treatment.	1718

(4) "Trial preparation record" means any record that contains	1719
information that is specifically compiled in reasonable	1720
anticipation of, or in defense of, a civil or criminal action or	1721
proceeding, including the independent thought processes and	1722
personal trial preparation of an attorney.	1723

(5) "Intellectual property record" means a record, other than	1724
a financial or administrative record, that is produced or	1725
collected by or for faculty or staff of a state institution of	1726
higher learning in the conduct of or as a result of study or	1727
research on an educational, commercial, scientific, artistic,	1728
technical, or scholarly issue, regardless of whether the study or	1729
research was sponsored by the institution alone or in conjunction	1730
with a governmental body or private concern, and that has not been	1731
publicly released, published, or patented.	1732

(6) "Donor profile record" means all records about donors or	1733
potential donors to a public institution of higher education	1734
except the names and reported addresses of the actual donors and	1735
the date, amount, and conditions of the actual donation.	1736

(7) "Peace officer, firefighter, or EMT residential and	1737
familial information" means either of the following:	1738

(a) Any information maintained in a personnel record of a	1739
peace officer, firefighter, or EMT that discloses any of the	1740
following:	1741

(i) The address of the actual personal residence of a peace	1742
officer, firefighter, or EMT, except for the state or political	1743
subdivision in which the peace officer, firefighter, or EMT	1744
resides;	1745

(ii) Information compiled from referral to or participation	1746
in an employee assistance program;	1747

(iii) The social security number, the residential telephone	1748
number, any bank account, debit card, charge card, or credit card	1749
number, or the emergency telephone number of, or any medical	1750
information pertaining to, a peace officer, firefighter, or EMT;	1751

(iv) The name of any beneficiary of employment benefits,	1752
including, but not limited to, life insurance benefits, provided	1753
to a peace officer, firefighter, or EMT by the peace officer's,	1754
firefighter's, or EMT's employer;	1755

(v) The identity and amount of any charitable or employment	1756
benefit deduction made by the peace officer's, firefighter's, or	1757
EMT's employer from the peace officer's, firefighter's, or EMT's	1758
compensation unless the amount of the deduction is required by	1759
state or federal law;	1760

(vi) The name, the residential address, the name of the	1761
employer, the address of the employer, the social security number,	1762
the residential telephone number, any bank account, debit card,	1763
charge card, or credit card number, or the emergency telephone	1764
number of the spouse, a former spouse, or any child of a peace	1765
officer, firefighter, or EMT.	1766

(b) Any record that identifies a person's occupation as a	1767
peace officer, firefighter, or EMT other than statements required	1768
to include the disclosure of that fact under the campaign finance	1769
law.	1770

As used in divisions (A)(7) and (B)(5) of this section,	1771
"peace officer" has the same meaning as in section 109.71 of the	1772
Revised Code and also includes the superintendent and troopers of	1773
the state highway patrol; it does not include the sheriff of a	1774
county or a supervisory employee who, in the absence of the	1775
sheriff, is authorized to stand in for, exercise the authority of,	1776
and perform the duties of the sheriff.	1777

As used in divisions (A)(7) and (B)(5) of this section,	1778
"firefighter" means any regular, paid or volunteer, member of a	1779
lawfully constituted fire department of a municipal corporation,	1780
township, fire district, or village.	1781

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	1782
means EMTs-basic, EMTs-I, and paramedics that provide emergency	1783
medical services for a public emergency medical service	1784
organization. "Emergency medical service organization,"	1785
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	1786
section 4765.01 of the Revised Code.	1787

(8) "Information pertaining to the recreational activities of	1788
a person under the age of eighteen" means information that is kept	1789
in the ordinary course of business by a public office, that	1790
pertains to the recreational activities of a person under the age	1791
of eighteen years, and that discloses any of the following:	1792

(a) The address or telephone number of a person under the age	1793
of eighteen or the address or telephone number of that person's	1794
parent, guardian, custodian, or emergency contact person;	1795

(b) The social security number, birth date, or photographic	1796
image of a person under the age of eighteen;	1797

(c) Any medical record, history, or information pertaining to	1798
a person under the age of eighteen;	1799

(d) Any additional information sought or required about a	1800
person under the age of eighteen for the purpose of allowing that	1801
person to participate in any recreational activity conducted or	1802
sponsored by a public office or to use or obtain admission	1803
privileges to any recreational facility owned or operated by a	1804
public office.	1805

(9) "Community control sanction" has the same meaning as in	1806
section 2929.01 of the Revised Code.	1807

(10) "Post-release control sanction" has the same meaning as	1808
in section 2967.01 of the Revised Code.	1809

(B)(1) Subject to division (B)(4) of this section, all public	1810
records shall be promptly prepared and made available for	1811
inspection to any person at all reasonable times during regular	1812
business hours. Subject to division (B)(4) of this section, upon	1813
request, a public office or person responsible for public records	1814
shall make copies available at cost, within a reasonable period of	1815
time. In order to facilitate broader access to public records,	1816
public offices shall maintain public records in a manner that they	1817
can be made available for inspection in accordance with this	1818
division.	1819

(2) If any person chooses to obtain a copy of a public record	1820
in accordance with division (B)(1) of this section, the public	1821
office or person responsible for the public record shall permit	1822
that person to choose to have the public record duplicated upon	1823
paper, upon the same medium upon which the public office or person	1824
responsible for the public record keeps it, or upon any other	1825
medium upon which the public office or person responsible for the	1826
public record determines that it reasonably can be duplicated as	1827
an integral part of the normal operations of the public office or	1828
person responsible for the public record. When the person seeking	1829
the copy makes a choice under this division, the public office or	1830
person responsible for the public record shall provide a copy of	1831
it in accordance with the choice made by the person seeking the	1832
copy.	1833

(3) Upon a request made in accordance with division (B)(1) of	1834
this section, a public office or person responsible for public	1835
records shall transmit a copy of a public record to any person by	1836
United States mail within a reasonable period of time after	1837
receiving the request for the copy. The public office or person	1838
responsible for the public record may require the person making	1839
the request to pay in advance the cost of postage and other	1840
supplies used in the mailing.	1841

Any public office may adopt a policy and procedures that it	1842
will follow in transmitting, within a reasonable period of time	1843
after receiving a request, copies of public records by United	1844
States mail pursuant to this division. A public office that adopts	1845
a policy and procedures under this division shall comply with them	1846
in performing its duties under this division.	1847

In any policy and procedures adopted under this division, a	1848
public office may limit the number of records requested by a	1849
person that the office will transmit by United States mail to ten	1850
per month, unless the person certifies to the office in writing	1851
that the person does not intend to use or forward the requested	1852
records, or the information contained in them, for commercial	1853
purposes. For purposes of this division, "commercial" shall be	1854
narrowly construed and does not include reporting or gathering	1855
news, reporting or gathering information to assist citizen	1856
oversight or understanding of the operation or activities of	1857
government, or nonprofit educational research.	1858

(4) A public office or person responsible for public records	1859
is not required to permit a person who is incarcerated pursuant to	1860
a criminal conviction or a juvenile adjudication to inspect or to	1861
obtain a copy of any public record concerning a criminal	1862
investigation or prosecution or concerning what would be a	1863
criminal investigation or prosecution if the subject of the	1864
investigation or prosecution were an adult, unless the request to	1865
inspect or to obtain a copy of the record is for the purpose of	1866
acquiring information that is subject to release as a public	1867
record under this section and the judge who imposed the sentence	1868
or made the adjudication with respect to the person, or the	1869
judge's successor in office, finds that the information sought in	1870
the public record is necessary to support what appears to be a	1871
justiciable claim of the person.	1872

(5) Upon written request made and signed by a journalist on	1873
or after December 16, 1999, a public office, or person responsible	1874
for public records, having custody of the records of the agency	1875
employing a specified peace officer, firefighter, or EMT shall	1876
disclose to the journalist the address of the actual personal	1877
residence of the peace officer, firefighter or EMT and, if the	1878
peace officer's, firefighter's or EMT's spouse, former spouse, or	1879
child is employed by a public office, the name and address of the	1880
employer of the peace officer's, firefighter's, or EMT's spouse,	1881
former spouse, or child. The request shall include the	1882
journalist's name and title and the name and address of the	1883
journalist's employer and shall state that disclosure of the	1884
information sought would be in the public interest.	1885

As used in division (B)(5) of this section, "journalist"	1886
means a person engaged in, connected with, or employed by any news	1887
medium, including a newspaper, magazine, press association, news	1888
agency, or wire service, a radio or television station, or a	1889
similar medium, for the purpose of gathering, processing,	1890
transmitting, compiling, editing, or disseminating information for	1891
the general public.	1892

(C) If a person allegedly is aggrieved by the failure of a	1893
public office to promptly prepare a public record and to make it	1894
available to the person for inspection in accordance with division	1895
(B) of this section, or if a person who has requested a copy of a	1896
public record allegedly is aggrieved by the failure of a public	1897
office or the person responsible for the public record to make a	1898
copy available to the person allegedly aggrieved in accordance	1899
with division (B) of this section, the person allegedly aggrieved	1900
may commence a mandamus action to obtain a judgment that orders	1901
the public office or the person responsible for the public record	1902
to comply with division (B) of this section and that awards	1903
reasonable attorney's fees to the person that instituted the	1904
mandamus action. The mandamus action may be commenced in the court	1905
of common pleas of the county in which division (B) of this	1906
section allegedly was not complied with, in the supreme court	1907
pursuant to its original jurisdiction under Section 2 of Article	1908
IV, Ohio Constitution, or in the court of appeals for the	1909
appellate district in which division (B) of this section allegedly	1910
was not complied with pursuant to its original jurisdiction under	1911
Section 3 of Article IV, Ohio Constitution.	1912

(D) Chapter 1347. of the Revised Code does not limit the	1913
provisions of this section.	1914

(E)(1) The bureau of motor vehicles may adopt rules pursuant	1915
to Chapter 119. of the Revised Code to reasonably limit the number	1916
of bulk commercial special extraction requests made by a person	1917
for the same records or for updated records during a calendar	1918
year. The rules may include provisions for charges to be made for	1919
bulk commercial special extraction requests for the actual cost of	1920
the bureau, plus special extraction costs, plus ten per cent. The	1921
bureau may charge for expenses for redacting information, the	1922
release of which is prohibited by law.	1923

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

1924

(a) "Actual cost" means the cost of depleted supplies,	1925
records storage media costs, actual mailing and alternative	1926
delivery costs, or other transmitting costs, and any direct	1927
equipment operating and maintenance costs, including actual costs	1928
paid to private contractors for copying services.	1929

(b) "Bulk commercial special extraction request" means a	1930
request for copies of a record for information in a format other	1931
than the format already available, or information that cannot be	1932
extracted without examination of all items in a records series,	1933
class of records, or data base by a person who intends to use or	1934
forward the copies for surveys, marketing, solicitation, or resale	1935
for commercial purposes. "Bulk commercial special extraction	1936
request" does not include a request by a person who gives	1937
assurance to the bureau that the person making the request does	1938
not intend to use or forward the requested copies for surveys,	1939
marketing, solicitation, or resale for commercial purposes.	1940

(c) "Commercial" means profit-seeking production, buying, or	1941
selling of any good, service, or other product.	1942

(d) "Special extraction costs" means the cost of the time	1943
spent by the lowest paid employee competent to perform the task,	1944
the actual amount paid to outside private contractors employed by	1945
the bureau, or the actual cost incurred to create computer	1946
programs to make the special extraction. "Special extraction	1947
costs" include any charges paid to a public agency for computer or	1948
records services.	1949

(3) For purposes of divisions (E)(1) and (2) of this section,	1950
"commercial surveys, marketing, solicitation, or resale" shall be	1951
narrowly construed and does not include reporting or gathering	1952
news, reporting or gathering information to assist citizen	1953
oversight or understanding of the operation or activities of	1954
government, or nonprofit educational research.	1955

Section 4.  That the existing version of section 149.43 of	1956
the Revised Code that is scheduled to take effect January 1, 2004,	1957
is hereby repealed.	1958

Section 5.  Sections 3 and 4 of this act take effect January	1959
1, 2004.	1960

Section 6. That Section 56.01 of Am. Sub. H.B. 94 of the	1961
124th General Assembly, as most recently amended by Am. Sub. H.B.	1962
524 of the 124th General Assembly, be amended to read as follows:	1963

Sec. 56.01. HEMOPHILIA SERVICES

1964

Of the foregoing appropriation item 440-406, Hemophilia	1965
Services, $205,000 in each fiscal year shall be used to implement	1966
the Hemophilia Insurance Pilot Project.	1967

Of the foregoing appropriation item 440-406, Hemophilia	1968
Services, up to $245,000 in each fiscal year shall be used by the	1969
Department of Health to provide grants to the nine hemophilia	1970
treatment centers to provide prevention services for persons with	1971
hemophilia and their family members affected by AIDS and other	1972
bloodborne pathogens.	1973

CANCER REGISTRY SYSTEM

1974

Of the foregoing appropriation item 440-412, Cancer Incidence	1975
Surveillance System, $50,000 in each fiscal year shall be provided	1976
to the Northern Ohio Cancer Resource Center.	1977

The remaining moneys in appropriation item 440-412, Cancer	1978
Incidence Surveillance System, shall be used to maintain and	1979
operate the Ohio Cancer Incidence Surveillance System pursuant to	1980
sections 3701.261 to 3701.263 of the Revised Code.	1981

Not later than March 1, 2002, the Ohio Cancer Incidence	1982
Surveillance Advisory Board shall report to the General Assembly	1983
on the effectiveness of the cancer incidence surveillance system	1984
and the partnership between the Department of Health and the	1985
Arthur G. James Cancer Hospital and Richard J. Solove Research	1986
Institute of The Ohio State University.	1987

CHILD AND FAMILY HEALTH SERVICES

1988

Of the foregoing appropriation item 440-416, Child and Family	1989
Health Services, $1,700,000 in each fiscal year shall be used for	1990
family planning services. None of the funds received through these	1991
family planning grants shall be used to provide abortion services.	1992
None of the funds received through these family planning grants	1993
shall be used for counseling for or referrals for abortion, except	1994
in the case of a medical emergency. These funds shall be	1995
distributed on the basis of the relative need in the community	1996
served by the Director of Health to family planning programs,	1997
which shall include family planning programs funded under Title V	1998
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	1999
301, as amended, and Title X of the "Public Health Services Act,"	2000
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to	2001
other family planning programs that the Department of Health also	2002
determines will provide services that are physically and	2003
financially separate from abortion-providing and	2004
abortion-promoting activities, and that do not include counseling	2005
for or referrals for abortion, other than in the case of medical	2006
emergency, with state moneys, but that otherwise substantially	2007
comply with the quality standards for such programs under Title V	2008
and Title X.	2009

The Director of Health, by rule, shall provide reasonable	2010
methods by which a grantee wishing to be eligible for federal	2011
funding may comply with these requirements for state funding	2012
without losing its eligibility for federal funding, while ensuring	2013
that a family planning program receiving a family planning grant	2014
must be organized so that it is physically and financially	2015
separate from the provision of abortion services and from	2016
activities promoting abortion as a method of family planning.	2017

Of the foregoing appropriation item 440-416, Child and Family	2018
Health Services, $150,000 in each fiscal year shall be used to	2019
provide malpractice insurance for physicians and other health	2020
professionals providing prenatal services in programs funded by	2021
the Department of Health.	2022

Of the foregoing appropriation item 440-416, Child and Family	2023
Health Services, $279,000 shall be used in each fiscal year for	2024
the OPTIONS dental care access program.	2025

Of the foregoing appropriation item 440-416, Child and Family	2026
Health Services, $600,000 in each fiscal year shall be used by	2027
local child and family health services clinics to provide services	2028
to uninsured low-income persons.	2029

Of the foregoing appropriation item 440-416, Child and Family	2030
Health Services, $900,000 in each fiscal year shall be used by	2031
federally qualified health centers and federally designated	2032
look-alikes to provide services to uninsured low-income persons.	2033

Of the foregoing appropriation item 440-416, Child and Family	2034
Health Services, $50,000 in each fiscal year shall be used for the	2035
Tree of Knowledge Learning Center in Cleveland Heights.	2036

Of the foregoing appropriation item 440-416, Child and Family	2037
Health Services, $25,000 in fiscal year 2002 shall be provided to	2038
the Suicide Prevention Program of Clermont County.	2039

Of the foregoing appropriation item 440-416, Child and Family	2040
Health Services, $50,000 in fiscal year 2002 shall be provided to	2041
the Discover Health Project.	2042

Of the foregoing appropriation item 440-416, Child and Family	2043
Health Services, $75,000 in fiscal year 2002 shall be provided to	2044
the Mayerson Center.	2045

Of the foregoing appropriation item 440-416, Child and Family	2046
Health Services, $50,000 in fiscal year 2002 shall be provided to	2047
the Central Clinic at the University of Cincinnati.	2048

IMMUNIZATIONS

2049

Of the foregoing appropriation item 440-418, Immunizations,	2050
$125,000 per fiscal year shall be used to provide vaccinations for	2051
Hepatitis B to all qualified underinsured students in the seventh	2052
grade who have not been previously immunized.	2053

Of the foregoing appropriation item 440-418, Immunizations,	2054
up to $25,000 in each fiscal year shall be used to provide	2055
vaccinations for pneumococcal disease for children between the	2056
ages of two and five.	2057

SEXUAL ASSAULT PREVENTION AND INTERVENTION

2058

The foregoing appropriation item 440-419, Sexual Assault	2059
Prevention and Intervention, shall be used for the following	2060
purposes:	2061

(A) Funding of new services in counties with no services for	2062
sexual assault;	2063

(B) Expansion of services provided in currently funded	2064
projects so that comprehensive crisis intervention and prevention	2065
services are offered;	2066

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	2067
projects;	2068

(D) Statewide expansion of local outreach and public	2069
awareness efforts.	2070

HIV/AIDS PREVENTION/TREATMENT

2071

Of the foregoing appropriation item 440-444, AIDS Prevention	2072
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	2073
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	2074
in acquiring HIV-related medications.	2075

The HIV Drug Assistance Program is pursuant to section	2076
3701.241 of the Revised Code and Title XXVI of the "Public Health	2077
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	2078
The Department of Health may adopt rules pursuant to Chapter 119.	2079
of the Revised Code as necessary for the administration of the	2080
program.	2081

INFECTIOUS DISEASE PREVENTION

2082

Notwithstanding section 339.77 of the Revised Code, $60,000	2083
of the foregoing appropriation item 440-446, Infectious Disease	2084
Prevention, shall be used by the Director of Health to reimburse	2085
Boards of County Commissioners for the cost of detaining indigent	2086
persons with tuberculosis. Any portion of the $60,000 allocated	2087
for detainment not used for that purpose shall be used to make	2088
payments to counties pursuant to section 339.77 of the Revised	2089
Code.	2090

Of the foregoing appropriation item 440-446, Infectious	2091
Disease Prevention, $335,000 in each fiscal year shall be used for	2092
the purchase of drugs for sexually transmitted diseases.	2093

HELP ME GROW

2094

The foregoing appropriation item 440-459, Help Me Grow, shall	2095
be used by the Department of Health to distribute subsidies to	2096
counties to implement the Help Me Grow program. Appropriation item	2097
440-459 may be used in conjunction with Temporary Assistance for	2098
Needy Families from the Department of Job and Family Services,	2099
Even Start from the Department of Education, and in conjunction	2100
with other early childhood funds and services to promote the	2101
optimal development of young children. Local contacts shall be	2102
developed between local departments of job and family services and	2103
family and children first councils for the administration of TANF	2104
funding for the Help Me Grow Program. The Department of Health	2105
shall enter into an interagency agreement with the Department of	2106
Education to coordinate the planning, design, and grant selection	2107
process for any new Even Start grants and to ensure that all new	2108
and existing programs within Help Me Grow are school linked.	2109

POISON CONTROL NETWORK

2110

The foregoing appropriation item 440-504, Poison Control	2111
Network, shall be used in each fiscal year by the Department of	2112
Health for grants to the consolidated Ohio Poison Control Center	2113
to provide poison control services to Ohio citizens.	2114

TANF FAMILY PLANNING

2115

The Director of Budget and Management shall transfer by	2116
intrastate transfer voucher, not later than the fifteenth day of	2117
July of each fiscal year, cash from the General Revenue Fund,	2118
appropriation item 600-410, TANF State, to General Services Fund	2119
5C1 in the Department of Health, in an amount of $250,000 in each	2120
fiscal year for the purpose of family planning services for	2121
children or their families whose income is at or below 200 per	2122
cent of the official poverty guideline.	2123

As used in this section, "poverty guideline" means the	2124
official poverty guideline as revised annually by the United	2125
States Secretary of Health and Human Services in accordance with	2126
section 673 of the "Community Services Block Grant Act," 95 Stat.	2127
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	2128
to the size of the family of the person whose income is being	2129
determined.	2130

MATERNAL CHILD HEALTH BLOCK GRANT

2131

Of the foregoing appropriation item 440-601, Maternal Child	2132
Health Block Grant (Fund 320), $2,091,299 shall be used in each	2133
fiscal year for the purposes of abstinence-only education. The	2134
Director of Health shall develop guidelines for the establishment	2135
of abstinence programs for teenagers with the purpose of	2136
decreasing unplanned pregnancies and abortion. Such guidelines	2137
shall be pursuant to Title V of the "Social Security Act," 42	2138
U.S.C.A. 510, and shall include, but are not limited to,	2139
advertising campaigns and direct training in schools and other	2140
locations.	2141

A portion of the foregoing appropriation item 440-601,	2142
Maternal Child Health Block Grant (Fund 320), may be used to	2143
ensure that current information on sudden infant death syndrome is	2144
available for distribution by local health districts.	2145

TITLE XX TRANSFER

2146

Of the foregoing appropriation item 440-611, Title XX	2147
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	2148
funds are available based on deposits made pursuant to Section	2149
63.09 of Am. Sub. H.B. 94 of the 124th General Assembly, shall be	2150
used for the purposes of abstinence-only education. The Director	2151
of Health shall develop guidelines for the establishment of	2152
abstinence programs for teenagers with the purpose of decreasing	2153
unplanned pregnancies and abortion. The guidelines shall be	2154
developed pursuant to Title V of the "Social Security Act," 42	2155
U.S.C. 510, and shall include, but are not to be limited to,	2156
advertising campaigns and direct training in schools and other	2157
locations.	2158

GENETICS SERVICES

2159

The foregoing appropriation item 440-608, Genetics Services	2160
(Fund 4D6), shall be used by the Department of Health to	2161
administer programs authorized by sections 3701.501 and 3701.502	2162
of the Revised Code. None of these funds shall be used to counsel	2163
or refer for abortion, except in the case of a medical emergency.	2164

SICKLE CELL FUND

2165

The foregoing appropriation item 440-610, Sickle Cell Disease	2166
Control (Fund 4F9), shall be used by the Department of Health to	2167
administer programs authorized by section 3701.131 of the Revised	2168
Code. The source of the funds is as specified in section 3701.23	2169
3701.221 of the Revised Code.	2170

SAFETY AND QUALITY OF CARE STANDARDS

2171

The Department of Health may use Fund 471, Certificate of	2172
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	2173
the Revised Code in each fiscal year.	2174

MEDICALLY HANDICAPPED CHILDREN AUDIT

2175

The Medically Handicapped Children Audit Fund (Fund 477)	2176
shall receive revenue from audits of hospitals and recoveries from	2177
third-party payors. Moneys may be expended for payment of audit	2178
settlements and for costs directly related to obtaining recoveries	2179
from third-party payors and for encouraging Medically Handicapped	2180
Children's Program recipients to apply for third-party benefits.	2181
Moneys also may be expended for payments for diagnostic and	2182
treatment services on behalf of medically handicapped children, as	2183
defined in division (A) of section 3701.022 of the Revised Code,	2184
and Ohio residents who are twenty-one or more years of age and who	2185
are suffering from cystic fibrosis. Moneys may also be expended	2186
for administrative expenses incurred in operating the Medically	2187
Handicapped Children's Program.	2188

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	2189
PERMIT FUND	2190

The Director of Budget and Management, pursuant to a plan	2191
submitted by the Department of Health, or as otherwise determined	2192
by the Director of Budget and Management, shall set a schedule to	2193
transfer cash from the Liquor Control Fund (Fund 043) to the	2194
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	2195
needs of the Alcohol Testing and Permit program.	2196

The Director of Budget and Management shall transfer to the	2197
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	2198
Fund (Fund 043) established in section 4301.12 of the Revised Code	2199
such amounts at such times as determined by the transfer schedule.	2200

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

2201

The foregoing appropriation item 440-607, Medically	2202
Handicapped Children - County Assessments (Fund 666), shall be	2203
used to make payments pursuant to division (E) of section 3701.023	2204
of the Revised Code.	2205

Section 7. That existing Section 56.01 of Am. Sub. H.B. 94 of	2206
the 124th General Assembly, as most recently amended by Am. Sub.	2207
H.B. 524 of the 124th General Assembly, is hereby repealed.	2208

Section 8.  Section 149.43 of the Revised Code is presented	2209
in Section 1 of this act as a composite of the section as amended	2210
by both Am. Sub. S.B. 180 and Sub. S.B. 258 of the 124th General	2211
Assembly. The General Assembly, applying the principle stated in	2212
division (B) of section 1.52 of the Revised Code that amendments	2213
are to be harmonized if reasonably capable of simultaneous	2214
operation, finds that the composite is the resulting version of	2215
the section in effect prior to the effective date of the section	2216
as presented in this act.	2217

Section 9.  Section 149.43 of the Revised Code is presented	2218
in Section 3 of this act as a composite of the section as amended	2219
by Am. Sub. H.B. 490, Am. Sub. S.B. 180, and Sub. S.B. 258 of the	2220
124th General Assembly. The General Assembly, applying the	2221
principle stated in division (B) of section 1.52 of the Revised	2222
Code that amendments are to be harmonized if reasonably capable of	2223
simultaneous operation, finds that the composite is the resulting	2224
version of the section in effect prior to the effective date of	2225
the section as presented in this act.	2226