|
|
To amend sections 149.43, 339.89, 3701.03, 3701.04, | 1 |
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, | 2 |
3701.16, 3701.17, 3701.19, 3701.22, 3701.23, | 3 |
3701.24, 3701.241, 3701.25, 3701.34, 3701.35, | 4 |
3701.352, 3701.501, 3701.56, 3701.57, 3701.99, | 5 |
3707.06, 3707.99, 3715.02, 3901.46, and 4736.01; | 6 |
to amend, for the purpose of adopting new section | 7 |
numbers as indicated in parentheses, sections | 8 |
3701.16 (3701.161), 3701.17 (3701.162), 3701.23 | 9 |
(3701.221), and 3707.33 (3707.38); and to enact | 10 |
new sections 3701.16, 3701.17, and 3701.23 and | 11 |
sections 3701.072, 3701.146, 3701.201, 3701.231, | 12 |
3701.232, 3701.571, and 3707.34 of the Revised | 13 |
Code to modify the powers and duties of the | 14 |
Department of Health, Public Health Council, and | 15 |
boards of health relative to bioterrorism and | 16 |
other public health matters. | 17 |
Section 1. That sections 149.43, 339.89, 3701.03, 3701.04, | 18 |
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17, | 19 |
3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25, 3701.34, | 20 |
3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99, 3707.06, | 21 |
3707.99, 3715.02, 3901.46, and 4736.01 be amended; sections | 22 |
3701.16 (3701.161), 3701.17 (3701.162), 3701.23 (3701.221), and | 23 |
3707.33 (3707.38) be amended for the purpose of adopting new | 24 |
section numbers as indicated in parentheses; and new sections | 25 |
3701.16, 3701.17, and 3701.23 and sections 3701.072, 3701.146, | 26 |
3701.201, 3701.231, 3701.232, 3701.571, and 3707.34 of the Revised | 27 |
Code be enacted to read as follows: | 28 |
Sec. 149.43. (A) As used in this section: | 29 |
(1) "Public record" means records kept by any public office, | 30 |
including, but not limited to, state, county, city, village, | 31 |
township, and school district units, and records pertaining to the | 32 |
delivery of educational services by an alternative school in Ohio | 33 |
kept by a nonprofit or for profit entity operating such | 34 |
alternative school pursuant to section 3313.533 of the Revised | 35 |
Code. "Public record" does not mean any of the following: | 36 |
(a) Medical records; | 37 |
(b) Records pertaining to probation and parole proceedings or | 38 |
to proceedings related to the imposition of community control | 39 |
sanctions and post-release control sanctions; | 40 |
(c) Records pertaining to actions under section 2151.85 and | 41 |
division (C) of section 2919.121 of the Revised Code and to | 42 |
appeals of actions arising under those sections; | 43 |
(d) Records pertaining to adoption proceedings, including the | 44 |
contents of an adoption file maintained by the department of | 45 |
health under section 3705.12 of the Revised Code; | 46 |
(e) Information in a record contained in the putative father | 47 |
registry established by section 3107.062 of the Revised Code, | 48 |
regardless of whether the information is held by the department of | 49 |
job and family services or, pursuant to section 3111.69 of the | 50 |
Revised Code, the office of child support in the department or a | 51 |
child support enforcement agency; | 52 |
(f) Records listed in division (A) of section 3107.42 of the | 53 |
Revised Code or specified in division (A) of section 3107.52 of | 54 |
the Revised Code; | 55 |
(g) Trial preparation records; | 56 |
(h) Confidential law enforcement investigatory records; | 57 |
(i) Records containing information that is confidential under | 58 |
section 2317.023 or 4112.05 of the Revised Code; | 59 |
(j) DNA records stored in the DNA database pursuant to | 60 |
section 109.573 of the Revised Code; | 61 |
(k) Inmate records released by the department of | 62 |
rehabilitation and correction to the department of youth services | 63 |
or a court of record pursuant to division (E) of section 5120.21 | 64 |
of the Revised Code; | 65 |
(l) Records maintained by the department of youth services | 66 |
pertaining to children in its custody released by the department | 67 |
of youth services to the department of rehabilitation and | 68 |
correction pursuant to section 5139.05 of the Revised Code; | 69 |
(m) Intellectual property records; | 70 |
(n) Donor profile records; | 71 |
(o) Records maintained by the department of job and family | 72 |
services pursuant to section 3121.894 of the Revised Code; | 73 |
(p) Peace officer, firefighter, or EMT residential and | 74 |
familial information; | 75 |
(q) In the case of a county hospital operated pursuant to | 76 |
Chapter 339. of the Revised Code, information that constitutes a | 77 |
trade secret, as defined in section 1333.61 of the Revised Code; | 78 |
(r) Information pertaining to the recreational activities of | 79 |
a person under the age of eighteen; | 80 |
(s) Records provided to, statements made by review board | 81 |
members during meetings of, and all work products of a child | 82 |
fatality review board acting under sections 307.621 to 307.629 of | 83 |
the Revised Code, other than the report prepared pursuant to | 84 |
section 307.626 of the Revised Code; | 85 |
(t) Records provided to and statements made by the executive | 86 |
director of a public children services agency or a prosecuting | 87 |
attorney acting pursuant to section 5153.171 of the Revised Code | 88 |
other than the information released under that section; | 89 |
(u) Test materials, examinations, or evaluation tools used in | 90 |
an examination for licensure as a nursing home administrator that | 91 |
the board of examiners of nursing home administrators administers | 92 |
under section 4751.04 of the Revised Code or contracts under that | 93 |
section with a private or government entity to administer; | 94 |
(v) Records the release of which is prohibited by state or | 95 |
federal law; | 96 |
(w) Proprietary information of or relating to any person that | 97 |
is submitted to or compiled by the Ohio venture capital authority | 98 |
created under section 150.01 of the Revised Code; | 99 |
(x) Information reported and evaluations conducted pursuant | 100 |
to section 3701.072 of the Revised Code. | 101 |
(2) "Confidential law enforcement investigatory record" means | 102 |
any record that pertains to a law enforcement matter of a | 103 |
criminal, quasi-criminal, civil, or administrative nature, but | 104 |
only to the extent that the release of the record would create a | 105 |
high probability of disclosure of any of the following: | 106 |
(a) The identity of a suspect who has not been charged with | 107 |
the offense to which the record pertains, or of an information | 108 |
source or witness to whom confidentiality has been reasonably | 109 |
promised; | 110 |
(b) Information provided by an information source or witness | 111 |
to whom confidentiality has been reasonably promised, which | 112 |
information would reasonably tend to disclose the source's or | 113 |
witness's identity; | 114 |
(c) Specific confidential investigatory techniques or | 115 |
procedures or specific investigatory work product; | 116 |
(d) Information that would endanger the life or physical | 117 |
safety of law enforcement personnel, a crime victim, a witness, or | 118 |
a confidential information source. | 119 |
(3) "Medical record" means any document or combination of | 120 |
documents, except births, deaths, and the fact of admission to or | 121 |
discharge from a hospital, that pertains to the medical history, | 122 |
diagnosis, prognosis, or medical condition of a patient and that | 123 |
is generated and maintained in the process of medical treatment. | 124 |
(4) "Trial preparation record" means any record that contains | 125 |
information that is specifically compiled in reasonable | 126 |
anticipation of, or in defense of, a civil or criminal action or | 127 |
proceeding, including the independent thought processes and | 128 |
personal trial preparation of an attorney. | 129 |
(5) "Intellectual property record" means a record, other than | 130 |
a financial or administrative record, that is produced or | 131 |
collected by or for faculty or staff of a state institution of | 132 |
higher learning in the conduct of or as a result of study or | 133 |
research on an educational, commercial, scientific, artistic, | 134 |
technical, or scholarly issue, regardless of whether the study or | 135 |
research was sponsored by the institution alone or in conjunction | 136 |
with a governmental body or private concern, and that has not been | 137 |
publicly released, published, or patented. | 138 |
(6) "Donor profile record" means all records about donors or | 139 |
potential donors to a public institution of higher education | 140 |
except the names and reported addresses of the actual donors and | 141 |
the date, amount, and conditions of the actual donation. | 142 |
(7) "Peace officer, firefighter, or EMT residential and | 143 |
familial information" means either of the following: | 144 |
(a) Any information maintained in a personnel record of a | 145 |
peace officer, firefighter, or EMT that discloses any of the | 146 |
following: | 147 |
(i) The address of the actual personal residence of a peace | 148 |
officer, firefighter, or EMT, except for the state or political | 149 |
subdivision in which the peace officer, firefighter, or EMT | 150 |
resides; | 151 |
(ii) Information compiled from referral to or participation | 152 |
in an employee assistance program; | 153 |
(iii) The social security number, the residential telephone | 154 |
number, any bank account, debit card, charge card, or credit card | 155 |
number, or the emergency telephone number of, or any medical | 156 |
information pertaining to, a peace officer, firefighter, or EMT; | 157 |
(iv) The name of any beneficiary of employment benefits, | 158 |
including, but not limited to, life insurance benefits, provided | 159 |
to a peace officer, firefighter, or EMT by the peace officer's, | 160 |
firefighter's, or EMT's employer; | 161 |
(v) The identity and amount of any charitable or employment | 162 |
benefit deduction made by the peace officer's, firefighter's, or | 163 |
EMT's employer from the peace officer's, firefighter's, or EMT's | 164 |
compensation unless the amount of the deduction is required by | 165 |
state or federal law; | 166 |
(vi) The name, the residential address, the name of the | 167 |
employer, the address of the employer, the social security number, | 168 |
the residential telephone number, any bank account, debit card, | 169 |
charge card, or credit card number, or the emergency telephone | 170 |
number of the spouse, a former spouse, or any child of a peace | 171 |
officer, firefighter, or EMT. | 172 |
(b) Any record that identifies a person's occupation as a | 173 |
peace officer, firefighter, or EMT other than statements required | 174 |
to include the disclosure of that fact under the campaign finance | 175 |
law. | 176 |
As used in divisions (A)(7) and (B)(5) of this section, | 177 |
"peace officer" has the same meaning as in section 109.71 of the | 178 |
Revised Code and also includes the superintendent and troopers of | 179 |
the state highway patrol; it does not include the sheriff of a | 180 |
county or a supervisory employee who, in the absence of the | 181 |
sheriff, is authorized to stand in for, exercise the authority of, | 182 |
and perform the duties of the sheriff. | 183 |
As used in divisions (A)(7) and (B)(5) of this section, | 184 |
"firefighter" means any regular, paid or volunteer, member of a | 185 |
lawfully constituted fire department of a municipal corporation, | 186 |
township, fire district, or village. | 187 |
As used in divisions (A)(7) and (B)(5) of this section, "EMT" | 188 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 189 |
medical services for a public emergency medical service | 190 |
organization. "Emergency medical service organization," | 191 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 192 |
section 4765.01 of the Revised Code. | 193 |
(8) "Information pertaining to the recreational activities of | 194 |
a person under the age of eighteen" means information that is kept | 195 |
in the ordinary course of business by a public office, that | 196 |
pertains to the recreational activities of a person under the age | 197 |
of eighteen years, and that discloses any of the following: | 198 |
(a) The address or telephone number of a person under the age | 199 |
of eighteen or the address or telephone number of that person's | 200 |
parent, guardian, custodian, or emergency contact person; | 201 |
(b) The social security number, birth date, or photographic | 202 |
image of a person under the age of eighteen; | 203 |
(c) Any medical record, history, or information pertaining to | 204 |
a person under the age of eighteen; | 205 |
(d) Any additional information sought or required about a | 206 |
person under the age of eighteen for the purpose of allowing that | 207 |
person to participate in any recreational activity conducted or | 208 |
sponsored by a public office or to use or obtain admission | 209 |
privileges to any recreational facility owned or operated by a | 210 |
public office. | 211 |
(9) "Community control sanction" has the same meaning as in | 212 |
section 2929.01 of the Revised Code. | 213 |
(10) "Post-release control sanction" has the same meaning as | 214 |
in section 2967.01 of the Revised Code. | 215 |
(B)(1) Subject to division (B)(4) of this section, all public | 216 |
records shall be promptly prepared and made available for | 217 |
inspection to any person at all reasonable times during regular | 218 |
business hours. Subject to division (B)(4) of this section, upon | 219 |
request, a public office or person responsible for public records | 220 |
shall make copies available at cost, within a reasonable period of | 221 |
time. In order to facilitate broader access to public records, | 222 |
public offices shall maintain public records in a manner that they | 223 |
can be made available for inspection in accordance with this | 224 |
division. | 225 |
(2) If any person chooses to obtain a copy of a public record | 226 |
in accordance with division (B)(1) of this section, the public | 227 |
office or person responsible for the public record shall permit | 228 |
that person to choose to have the public record duplicated upon | 229 |
paper, upon the same medium upon which the public office or person | 230 |
responsible for the public record keeps it, or upon any other | 231 |
medium upon which the public office or person responsible for the | 232 |
public record determines that it reasonably can be duplicated as | 233 |
an integral part of the normal operations of the public office or | 234 |
person responsible for the public record. When the person seeking | 235 |
the copy makes a choice under this division, the public office or | 236 |
person responsible for the public record shall provide a copy of | 237 |
it in accordance with the choice made by the person seeking the | 238 |
copy. | 239 |
(3) Upon a request made in accordance with division (B)(1) of | 240 |
this section, a public office or person responsible for public | 241 |
records shall transmit a copy of a public record to any person by | 242 |
United States mail within a reasonable period of time after | 243 |
receiving the request for the copy. The public office or person | 244 |
responsible for the public record may require the person making | 245 |
the request to pay in advance the cost of postage and other | 246 |
supplies used in the mailing. | 247 |
Any public office may adopt a policy and procedures that it | 248 |
will follow in transmitting, within a reasonable period of time | 249 |
after receiving a request, copies of public records by United | 250 |
States mail pursuant to this division. A public office that adopts | 251 |
a policy and procedures under this division shall comply with them | 252 |
in performing its duties under this division. | 253 |
In any policy and procedures adopted under this division, a | 254 |
public office may limit the number of records requested by a | 255 |
person that the office will transmit by United States mail to ten | 256 |
per month, unless the person certifies to the office in writing | 257 |
that the person does not intend to use or forward the requested | 258 |
records, or the information contained in them, for commercial | 259 |
purposes. For purposes of this division, "commercial" shall be | 260 |
narrowly construed and does not include reporting or gathering | 261 |
news, reporting or gathering information to assist citizen | 262 |
oversight or understanding of the operation or activities of | 263 |
government, or nonprofit educational research. | 264 |
(4) A public office or person responsible for public records | 265 |
is not required to permit a person who is incarcerated pursuant to | 266 |
a criminal conviction or a juvenile adjudication to inspect or to | 267 |
obtain a copy of any public record concerning a criminal | 268 |
investigation or prosecution or concerning what would be a | 269 |
criminal investigation or prosecution if the subject of the | 270 |
investigation or prosecution were an adult, unless the request to | 271 |
inspect or to obtain a copy of the record is for the purpose of | 272 |
acquiring information that is subject to release as a public | 273 |
record under this section and the judge who imposed the sentence | 274 |
or made the adjudication with respect to the person, or the | 275 |
judge's successor in office, finds that the information sought in | 276 |
the public record is necessary to support what appears to be a | 277 |
justiciable claim of the person. | 278 |
(5) Upon written request made and signed by a journalist on | 279 |
or after December 16, 1999, a public office, or person responsible | 280 |
for public records, having custody of the records of the agency | 281 |
employing a specified peace officer, firefighter, or EMT shall | 282 |
disclose to the journalist the address of the actual personal | 283 |
residence of the peace officer, firefighter or EMT and, if the | 284 |
peace officer's, firefighter's or EMT's spouse, former spouse, or | 285 |
child is employed by a public office, the name and address of the | 286 |
employer of the peace officer's, firefighter's, or EMT's spouse, | 287 |
former spouse, or child. The request shall include the | 288 |
journalist's name and title and the name and address of the | 289 |
journalist's employer and shall state that disclosure of the | 290 |
information sought would be in the public interest. | 291 |
As used in division (B)(5) of this section, "journalist" | 292 |
means a person engaged in, connected with, or employed by any news | 293 |
medium, including a newspaper, magazine, press association, news | 294 |
agency, or wire service, a radio or television station, or a | 295 |
similar medium, for the purpose of gathering, processing, | 296 |
transmitting, compiling, editing, or disseminating information for | 297 |
the general public. | 298 |
(C) If a person allegedly is aggrieved by the failure of a | 299 |
public office to promptly prepare a public record and to make it | 300 |
available to the person for inspection in accordance with division | 301 |
(B) of this section, or if a person who has requested a copy of a | 302 |
public record allegedly is aggrieved by the failure of a public | 303 |
office or the person responsible for the public record to make a | 304 |
copy available to the person allegedly aggrieved in accordance | 305 |
with division (B) of this section, the person allegedly aggrieved | 306 |
may commence a mandamus action to obtain a judgment that orders | 307 |
the public office or the person responsible for the public record | 308 |
to comply with division (B) of this section and that awards | 309 |
reasonable attorney's fees to the person that instituted the | 310 |
mandamus action. The mandamus action may be commenced in the court | 311 |
of common pleas of the county in which division (B) of this | 312 |
section allegedly was not complied with, in the supreme court | 313 |
pursuant to its original jurisdiction under Section 2 of Article | 314 |
IV, Ohio Constitution, or in the court of appeals for the | 315 |
appellate district in which division (B) of this section allegedly | 316 |
was not complied with pursuant to its original jurisdiction under | 317 |
Section 3 of Article IV, Ohio Constitution. | 318 |
(D) Chapter 1347. of the Revised Code does not limit the | 319 |
provisions of this section. | 320 |
(E)(1) The bureau of motor vehicles may adopt rules pursuant | 321 |
to Chapter 119. of the Revised Code to reasonably limit the number | 322 |
of bulk commercial special extraction requests made by a person | 323 |
for the same records or for updated records during a calendar | 324 |
year. The rules may include provisions for charges to be made for | 325 |
bulk commercial special extraction requests for the actual cost of | 326 |
the bureau, plus special extraction costs, plus ten per cent. The | 327 |
bureau may charge for expenses for redacting information, the | 328 |
release of which is prohibited by law. | 329 |
(2) As used in divisions (B)(3) and (E)(1) of this section: | 330 |
(a) "Actual cost" means the cost of depleted supplies, | 331 |
records storage media costs, actual mailing and alternative | 332 |
delivery costs, or other transmitting costs, and any direct | 333 |
equipment operating and maintenance costs, including actual costs | 334 |
paid to private contractors for copying services. | 335 |
(b) "Bulk commercial special extraction request" means a | 336 |
request for copies of a record for information in a format other | 337 |
than the format already available, or information that cannot be | 338 |
extracted without examination of all items in a records series, | 339 |
class of records, or data base by a person who intends to use or | 340 |
forward the copies for surveys, marketing, solicitation, or resale | 341 |
for commercial purposes. "Bulk commercial special extraction | 342 |
request" does not include a request by a person who gives | 343 |
assurance to the bureau that the person making the request does | 344 |
not intend to use or forward the requested copies for surveys, | 345 |
marketing, solicitation, or resale for commercial purposes. | 346 |
(c) "Commercial" means profit-seeking production, buying, or | 347 |
selling of any good, service, or other product. | 348 |
(d) "Special extraction costs" means the cost of the time | 349 |
spent by the lowest paid employee competent to perform the task, | 350 |
the actual amount paid to outside private contractors employed by | 351 |
the bureau, or the actual cost incurred to create computer | 352 |
programs to make the special extraction. "Special extraction | 353 |
costs" include any charges paid to a public agency for computer or | 354 |
records services. | 355 |
(3) For purposes of divisions (E)(1) and (2) of this section, | 356 |
"commercial surveys, marketing, solicitation, or resale" shall be | 357 |
narrowly construed and does not include reporting or gathering | 358 |
news, reporting or gathering information to assist citizen | 359 |
oversight or understanding of the operation or activities of | 360 |
government, or nonprofit educational research. | 361 |
Sec. 339.89. Sections 339.71 to 339.88 of the Revised Code, | 362 |
and the rules for
tuberculosis adopted under section
| 363 |
3701.146 of the Revised Code, do not require a person to undergo | 364 |
testing, medical treatment, or detention in a hospital or other | 365 |
place for treatment if the person, or, in the case of a child, the | 366 |
child's parents, rely exclusively on spiritual treatment through | 367 |
prayer, in lieu of medical treatment, in accordance with a | 368 |
recognized, religious method of healing. The person may be | 369 |
quarantined or otherwise safely isolated in the home or another | 370 |
place that is suitable to the health of the person and has been | 371 |
approved by the tuberculosis control unit as a place that provides | 372 |
appropriate protection to other persons and the community. | 373 |
Sec. 3701.03. (A) The director of health shall perform | 374 |
duties | 375 |
chief
executive
officer of the department of health.
| 376 |
director shall administer the laws relating to health and | 377 |
sanitation and the
| 378 |
379 | |
during a public health emergency, other persons to administer the | 380 |
laws and rules on the director's behalf. | 381 |
(B) Nothing in this section authorizes any action that | 382 |
prevents the fulfillment of duties or impairs the exercise of | 383 |
authority established by law for any other person or entity. | 384 |
(C) The director shall prepare sanitary and public health | 385 |
386 | |
and | 387 |
legislation. The director shall sit at meetings of the council but | 388 |
shall have no vote. | 389 |
Sec. 3701.04. (A) The director of health shall: | 390 |
(1) Require | 391 |
investigations | 392 |
(2) Provide | 393 |
personnel, make | 394 |
necessary to comply with the requirements of the | 395 |
"Construction and Modernization of Hospitals and Other Medical | 396 |
Facilities Act," Title VI of the "Public Health Service Act," 60 | 397 |
Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the regulations | 398 |
399 |
(3) Procure by contract the temporary or intermittent | 400 |
services of experts | 401 |
402 | |
fee-for-service basis and do not involve the performance of | 403 |
administrative duties; | 404 |
(4) Enter into agreements for the utilization of the | 405 |
facilities and services of other departments, agencies, and | 406 |
institutions, public or private; | 407 |
(5) On behalf of the state, solicit, accept, hold, | 408 |
administer, and deposit in the state treasury to the credit of the | 409 |
general operations fund created in section 3701.83 of the Revised | 410 |
Code, any grant, gift, devise, bequest, or contribution made to | 411 |
assist in meeting the cost of carrying out the director's | 412 |
responsibilities and expend the grant, gift,
| 413 |
bequest, or contribution for the purpose for which made. Fees | 414 |
collected by the director in connection with meetings and | 415 |
conferences shall also be credited to the fund and expended for | 416 |
the purposes for which paid. | 417 |
(6) Make an annual report to the governor on activities and | 418 |
expenditures, including recommendations for such additional | 419 |
legislation as the director considers appropriate to furnish | 420 |
adequate hospital, clinic, and similar facilities to the people of | 421 |
this state. | 422 |
(B) The director of health may enter into agreements to sell | 423 |
services offered by the department of health to boards of health | 424 |
of city and general health districts and to other departments, | 425 |
agencies,
and
institutions of
| 426 |
United States. Fees collected by the director for the sale of | 427 |
services
| 428 |
treasury to the credit of the general operations fund created in | 429 |
section 3701.83 of the Revised Code. | 430 |
Sec. 3701.06. The director of health and any person | 431 |
432 | |
hindrance, enter, examine, and survey all grounds, vehicles, | 433 |
apartments, buildings, and places in furtherance of any duty laid | 434 |
upon the
director or
department of health or where
| 435 |
has reason to believe there exists a violation of any health law | 436 |
or
| 437 |
Sec. 3701.07. (A) The public health council shall adopt | 438 |
rules in accordance with Chapter 119. of the Revised Code defining | 439 |
and classifying hospitals and dispensaries and providing for the | 440 |
reporting of information by hospitals and
dispensaries.
| 441 |
as otherwise provided in the Revised Code, the rules providing for | 442 |
the reporting of information shall not require inclusion of any | 443 |
confidential patient data or any information concerning the | 444 |
financial condition, income, expenses, or net worth of the | 445 |
facilities other than that financial information already contained | 446 |
in those portions of the medicare or medicaid cost report that is | 447 |
necessary for the department of health to certify the per diem | 448 |
cost under section 3701.62 of the Revised Code. The rules may | 449 |
require the reporting of information in the following categories: | 450 |
(1) Information needed to identify and classify the | 451 |
institution; | 452 |
(2) Information on facilities and type and volume of services | 453 |
provided by the institution; | 454 |
(3) The number of beds listed by category of care provided; | 455 |
(4) The number of licensed or certified professional | 456 |
employees by classification; | 457 |
(5) The number of births that occurred at the institution the | 458 |
previous calendar year; | 459 |
(6) Any other information that the council considers relevant | 460 |
to the safety of patients served by the institution. | 461 |
Every hospital and dispensary, public or private, annually | 462 |
shall register with and report to the department of health. | 463 |
Reports shall be submitted in the manner prescribed
in
| 464 |
adopted under this division. | 465 |
(B) Every governmental entity or private nonprofit | 466 |
corporation or association whose employees or representatives are | 467 |
defined as residents' rights advocates under divisions (E)(1) and | 468 |
(2) of section 3721.10 or division (A)(10) of section 3722.01 of | 469 |
the Revised Code shall register with the department of health on | 470 |
forms furnished by the director of health and shall provide such | 471 |
reasonable identifying information as the director may prescribe. | 472 |
The department shall compile a list of the governmental | 473 |
entities, corporations, or associations registering under this | 474 |
division and shall update the list annually. Copies of the list | 475 |
shall be made available to nursing home administrators as defined | 476 |
in division (C) of section 3721.10 of the Revised Code and to | 477 |
adult care facility managers as defined in section 3722.01 of the | 478 |
Revised Code. | 479 |
(C) Every governmental entity or private nonprofit | 480 |
corporation or association whose employees or representatives act | 481 |
as residents' rights advocates for community alternative homes | 482 |
pursuant to section 3724.08 of the Revised Code shall register | 483 |
with the department of health on forms furnished by the director | 484 |
of health and shall provide such reasonable identifying | 485 |
information as the director may prescribe. | 486 |
The department shall compile a list of the governmental | 487 |
entities, corporations, and associations registering under this | 488 |
division and shall update the list annually. Copies of the list | 489 |
shall be made available to operators or residence managers of | 490 |
community alternative homes as defined in section 3724.01 of the | 491 |
Revised Code. | 492 |
Sec. 3701.072. (A) As used in this chapter: | 493 |
(1) "Bioterrorism" has the same meaning as in section | 494 |
3701.232 of the Revised Code. | 495 |
(2) "Surveillance" in the public health service means the | 496 |
systematic collection, analysis, interpretation, and dissemination | 497 |
of health data on an ongoing basis, to gain knowledge of the | 498 |
pattern of disease occurrence and potential in a community in | 499 |
order to control and prevent disease in the community. | 500 |
(3) "Trauma center" has the same meaning as in section | 501 |
4765.01 of the Revised Code. | 502 |
(B) The public health council shall adopt rules in accordance | 503 |
with Chapter 119. of the Revised Code that require a trauma center | 504 |
to report information to the director of health describing the | 505 |
trauma center's preparedness and capacity to respond to disasters, | 506 |
mass casualties, and bioterrorism. The council's rules may require | 507 |
the reporting of any information the council considers necessary | 508 |
for an accurate description of a trauma center's preparedness and | 509 |
capacity to respond to disasters, mass casualties, and | 510 |
bioterrorism. Information reported pursuant to this division is | 511 |
not a public record under section 149.43 of the Revised Code. | 512 |
(C) Upon request, the department of health shall provide a | 513 |
summary report of the public health council's rules adopted | 514 |
pursuant to this section. | 515 |
(D) The director shall review all information received | 516 |
pursuant to this section. After reviewing the information, the | 517 |
director may conduct an evaluation of a trauma center's | 518 |
preparedness and capacity to respond to disasters, mass | 519 |
casualties, and bioterrorism. An evaluation conducted pursuant to | 520 |
this division is not a public record under section 149.43 of the | 521 |
Revised Code. | 522 |
Sec. 3701.13. The department of health shall have | 523 |
supervision of all matters relating to the preservation of the | 524 |
life and health of the people and have | 525 |
in matters of quarantine and isolation, which it may declare and | 526 |
enforce, when
| 527 |
when
| 528 |
immunization against mumps, poliomyelitis, rubeola, diphtheria, | 529 |
rubella (German measles), pertussis, tetanus, and hepatitis B for | 530 |
the purpose of carrying out the provisions of section 3313.671 of | 531 |
the Revised Code and take such actions as are necessary to | 532 |
encourage vaccination against those diseases. It may make special | 533 |
or standing orders or rules for preventing the use of fluoroscopes | 534 |
for nonmedical purposes which emit doses of radiation likely to be | 535 |
harmful to any person, for preventing the spread of contagious or | 536 |
infectious diseases, for governing the receipt and conveyance of | 537 |
remains of deceased persons, and for such other sanitary matters | 538 |
as are best controlled by a general rule. Whenever possible, the | 539 |
department shall work in cooperation with the health commissioner | 540 |
of a general or city health district. It may make and enforce | 541 |
orders in local matters when an emergency exists, or when the | 542 |
board of health of a general or city health district has neglected | 543 |
or refused to act with sufficient promptness or efficiency, or | 544 |
when such board has not been established as provided by sections | 545 |
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14 | 546 |
of the Revised Code. In such cases the necessary expense incurred | 547 |
shall be paid by the general health district or city for which the | 548 |
services are rendered. | 549 |
The department may make evaluative studies of the nutritional | 550 |
status of Ohio residents, and of the food and nutrition-related | 551 |
programs operating within the state. Every agency of the state, at | 552 |
the request of the department, shall provide information and | 553 |
otherwise assist in the execution of such studies. | 554 |
Sec. 3701.14. (A) The director of health shall investigate or | 555 |
make inquiry as
to the cause of disease | 556 |
illness, including contagious, infectious, epidemic, pandemic, or | 557 |
endemic conditions, and take prompt action to control and suppress | 558 |
it. The reports of births and deaths, the sanitary conditions and | 559 |
effects of localities and employments, the personal and business | 560 |
habits of the people that affect their health, and the relation of | 561 |
the diseases of man and beast, shall be subjects of study by the | 562 |
director. The director may make and execute orders necessary to | 563 |
protect the people against diseases of lower animals, and shall | 564 |
collect and preserve information in respect to such matters and | 565 |
kindred subjects as may be useful in the discharge of the | 566 |
director's duties, and for dissemination among the people. When | 567 |
called upon by the state or local governments, or the board of | 568 |
health of a general or city health district, the director shall | 569 |
promptly investigate and report upon the water supply, sewerage, | 570 |
disposal of excreta of any locality, and the heating, plumbing, | 571 |
and ventilation of a public building. | 572 |
(B) | 573 |
| 574 |
575 | |
576 |
| 577 |
578 | |
579 | |
580 |
| 581 |
582 | |
583 | |
584 | |
585 |
| 586 |
587 |
| 588 |
589 | |
590 | |
591 | |
592 | |
593 | |
594 | |
595 |
| 596 |
597 |
| 598 |
| 599 |
600 | |
601 |
| 602 |
| 603 |
604 |
| 605 |
606 |
| 607 |
608 | |
609 | |
610 |
| 611 |
612 | |
613 | |
614 | |
615 | |
616 | |
617 | |
Information obtained during an investigation or inquiry that the | 618 |
director currently is conducting pursuant to division (A) of this | 619 |
section and that is not yet complete is confidential during the | 620 |
course of that investigation or inquiry and shall not be released | 621 |
except pursuant to division (D) or (J) of this section or under | 622 |
one of the following conditions: | 623 |
(1) The confidential information is released pursuant to a | 624 |
search warrant or subpoena issued by or at the request of a grand | 625 |
jury or prosecutor, as defined in section 2935.01 of the Revised | 626 |
Code. | 627 |
(2) The director has entered into a written agreement to | 628 |
share or exchange the information with a person or government | 629 |
entity, and that agreement requires the person or entity to comply | 630 |
with the confidentiality requirements established under this | 631 |
section. | 632 |
(3) The information is contained in a preliminary report | 633 |
released by the director pursuant to division (G)(1) of this | 634 |
section. | 635 |
(C) Division (B) of this section applies during any | 636 |
investigation or inquiry the director makes pursuant to division | 637 |
(A) of this section, notwithstanding any other provision of the | 638 |
Revised Code that establishes the manner of maintaining | 639 |
confidentiality or the release of information, except that the | 640 |
confidentiality and release of protected health information under | 641 |
section 3701.17 of the Revised Code is governed by that section. | 642 |
(D) Nothing in this section bars the release of information | 643 |
that is in summary, statistical, or aggregate form and that does | 644 |
not identify a person. Information that is in summary, | 645 |
statistical, or aggregate form and that does not identify a person | 646 |
is a public record under section 149.43 of the Revised Code. | 647 |
(E) Nothing in this section authorizes the director to | 648 |
conduct an independent criminal investigation without the consent | 649 |
of each local law enforcement agency with jurisdiction to conduct | 650 |
the criminal investigation. | 651 |
(F) Except for information released pursuant to division | 652 |
(G)(2) or (J) of this section, any disclosure pursuant to this | 653 |
section shall be in writing and accompanied by a written statement | 654 |
that includes the following or substantially similar language: | 655 |
"This information has been disclosed to you from confidential | 656 |
records protected from disclosure by state law. If this | 657 |
information has been released to you in other than a summary, | 658 |
statistical, or aggregate form, you shall make no further | 659 |
disclosure of this information without the specific, written, and | 660 |
informed release of the person to whom it pertains, or as | 661 |
otherwise permitted by state law. A general authorization for the | 662 |
release of medical or other information is not sufficient for the | 663 |
release of information pursuant to this section." | 664 |
(G)(1) If an investigation or inquiry the director currently | 665 |
is conducting pursuant to division (A) of this section is not | 666 |
completed within six months after the date of commencement, the | 667 |
director shall prepare and release a report containing preliminary | 668 |
findings. Every six months thereafter, the director shall prepare | 669 |
and release a supplementary preliminary report until such time as | 670 |
the investigation or inquiry is completed. | 671 |
(2) Upon completion of an investigation or inquiry conducted | 672 |
pursuant to division (A) of this section, the director shall | 673 |
prepare and release a final report containing the director's | 674 |
findings. | 675 |
(H) No report prepared by the director pursuant to this | 676 |
section shall contain protected health information, as defined in | 677 |
section 3701.17 of the Revised Code. | 678 |
(I) The director shall adopt, in accordance with Chapter 119. | 679 |
of the Revised Code, rules establishing the manner in which the | 680 |
reports prepared by the director pursuant to this section are to | 681 |
be released. | 682 |
(J) The director shall release information obtained during an | 683 |
investigation or inquiry that the director currently is conducting | 684 |
pursuant to division (A) of this section and that is not yet | 685 |
complete, if the director determines the release of the | 686 |
information is necessary, based on an evaluation of relevant | 687 |
information, to avert or mitigate a clear threat to an individual | 688 |
or to the public health. Information released pursuant to this | 689 |
division shall be limited to the release of the information to | 690 |
those persons necessary to control, prevent, or mitigate disease | 691 |
or illness. | 692 |
Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 693 |
the director of health has all of the following duties and powers: | 694 |
(1) The director shall make payments to boards of county | 695 |
commissioners in accordance with section 339.77 of the Revised | 696 |
Code. | 697 |
(2) The director shall maintain registries of hospitals, | 698 |
clinics, physicians, or other care providers to whom the director | 699 |
shall refer persons who make inquiries to the department of health | 700 |
regarding possible exposure to tuberculosis. | 701 |
(3) The director shall engage in tuberculosis surveillance | 702 |
activities, including the collection and analysis of | 703 |
epidemiological information relative to the frequency of | 704 |
tuberculosis infection, demographic and geographic distribution of | 705 |
tuberculosis cases, and trends pertaining to tuberculosis. | 706 |
(4) The director shall maintain a tuberculosis registry to | 707 |
record the incidence of tuberculosis in this state. | 708 |
(5) The director may appoint physicians to serve as | 709 |
tuberculosis consultants for geographic regions of the state | 710 |
specified by the director. Each tuberculosis consultant shall act | 711 |
in accordance with rules the director establishes and shall be | 712 |
responsible for advising and assisting physicians and other health | 713 |
care practitioners who participate in tuberculosis control | 714 |
activities and for reviewing medical records pertaining to the | 715 |
treatment provided to individuals with tuberculosis. | 716 |
(B)(1) The public health council shall adopt rules | 717 |
establishing standards for the following: | 718 |
(a) Performing tuberculosis screenings; | 719 |
(b) Performing examinations of individuals who have been | 720 |
exposed to tuberculosis and individuals who are suspected of | 721 |
having tuberculosis; | 722 |
(c) Providing treatment to individuals with tuberculosis; | 723 |
(d) Preventing individuals with communicable tuberculosis | 724 |
from infecting other individuals; | 725 |
(e) Performing laboratory tests for tuberculosis and studies | 726 |
of the resistance of tuberculosis to one or more drugs; | 727 |
(f) Selecting laboratories that provide in a timely fashion | 728 |
the results of a laboratory test for tuberculosis. The standards | 729 |
shall include a requirement that first consideration be given to | 730 |
laboratories located in this state. | 731 |
(2) Rules adopted pursuant to this section shall be adopted | 732 |
in accordance with Chapter 119. of the Revised Code and may be | 733 |
consistent with any recommendations or guidelines on tuberculosis | 734 |
issued by the United States centers for disease control and | 735 |
prevention or by the American thoracic society. The rules shall | 736 |
apply to county or district tuberculosis control units, physicians | 737 |
who examine and treat individuals for tuberculosis, and | 738 |
laboratories that perform tests for tuberculosis. | 739 |
Sec. 3701.15. Each year, the director of health shall make a | 740 |
report to the governor, which shall include so much of the | 741 |
proceedings of the department of
health, | 742 |
concerning vital statistics and diseases, | 743 |
subject of hygiene for dissemination among the people and
| 744 |
suggestions as to legislation | 745 |
The director shall
include in
| 746 |
full statement of all examinations made in the department's | 747 |
748 | |
under section 3701.22 of the Revised Code, with a detailed account | 749 |
of all expenses. | 750 |
Sec. 3701.16. The director of health may purchase, store, and | 751 |
distribute antitoxins, serums, vaccines, immunizing agents, | 752 |
antibiotics, and other pharmaceutical agents or medical supplies | 753 |
that the director deems advisable in the interest of preparing for | 754 |
or responding to a public health emergency. The discretion granted | 755 |
to the director by this section does not relieve the director of | 756 |
the duty to act under section 3701.161 of the Revised Code. | 757 |
| 758 |
necessary arrangements for the production and distribution of | 759 |
diphtheria antitoxin. Such antitoxin shall in all respects be | 760 |
equal in purity and potency to the standard of requirements of the | 761 |
United States public health service for antitoxin for interstate | 762 |
commerce. Diphtheria antitoxin shall be distributed in accordance | 763 |
with | 764 |
health council adopts pursuant to Chapter 119. of the Revised | 765 |
Code. | 766 |
| 767 |
768 | |
institution, may receive without charge
| 769 |
antitoxin as
| 770 |
treatment or prevention of diphtheria in indigent persons, | 771 |
provided such antitoxin shall be used only for persons residing in | 772 |
the state, and that a sufficient supply is available for | 773 |
distribution. | 774 |
Sec. 3701.17. (A) As used in this section: | 775 |
(1) "Prosecutor" has the same meaning as in section 2935.01 | 776 |
of the Revised Code. | 777 |
(2) "Protected health information" means information, in any | 778 |
form, including oral, written, electronic, visual, pictorial, or | 779 |
physical that describes an individual's past, present, or future | 780 |
physical or mental health status or condition, receipt of | 781 |
treatment or care, or purchase of health products, if either of | 782 |
the following applies: | 783 |
(a) The information reveals the identity of the individual | 784 |
who is the subject of the information. | 785 |
(b) The information could be used to reveal the identity of | 786 |
the individual who is the subject of the information, either by | 787 |
using the information alone or with other information that is | 788 |
available to predictable recipients of the information. | 789 |
(B) Protected health information reported to or obtained by | 790 |
the director of health, the department of health, or a board of | 791 |
health of a city or general health district is confidential and | 792 |
shall not be released without the written consent of the | 793 |
individual who is the subject of the information unless the | 794 |
information is released pursuant to division (C) of this section | 795 |
or one of the following applies: | 796 |
(1) The release of the information is necessary to provide | 797 |
treatment to the individual and the information is released | 798 |
pursuant to a written agreement that requires the recipient of the | 799 |
information to comply with the confidentiality requirements | 800 |
established under this section. | 801 |
(2) The release of the information is necessary to ensure the | 802 |
accuracy of the information and the information is released | 803 |
pursuant to a written agreement that requires the recipient of the | 804 |
information to comply with the confidentiality requirements | 805 |
established under this section. | 806 |
(3) The information is released pursuant to a search warrant | 807 |
or subpoena issued by or at the request of a grand jury or | 808 |
prosecutor in connection with a criminal investigation or | 809 |
prosecution. | 810 |
(4) The director determines the release of the information is | 811 |
necessary, based on an evaluation of relevant information, to | 812 |
avert or mitigate a clear threat to an individual or to the public | 813 |
health. Information may be released pursuant to this division only | 814 |
to those persons or entities necessary to control, prevent, or | 815 |
mitigate disease. | 816 |
(C) Information that does not identify an individual is not | 817 |
protected health information and may be released in summary, | 818 |
statistical, or aggregate form. Information that is in a summary, | 819 |
statistical, or aggregate form and that does not identify an | 820 |
individual is a public record under section 149.43 of the Revised | 821 |
Code and, upon request, shall be released by the director. | 822 |
(D) Except for information released pursuant to division | 823 |
(B)(4) of this section, any disclosure pursuant to this section | 824 |
shall be in writing and accompanied by a written statement that | 825 |
includes the following or substantially similar language: "This | 826 |
information has been disclosed to you from confidential records | 827 |
protected from disclosure by state law. If this information has | 828 |
been released to you in other than a summary, statistical, or | 829 |
aggregate form, you shall make no further disclosure of this | 830 |
information without the specific, written, and informed release of | 831 |
the individual to whom it pertains, or as otherwise permitted by | 832 |
state law. A general authorization for the release of medical or | 833 |
other information is not sufficient for the release of information | 834 |
pursuant to this section." | 835 |
Sec. 3701.19. As used in | 836 |
sections 3701.19 to 3701.201 of the Revised Code: | 837 |
(A) "Poison prevention and treatment center" means an entity | 838 |
designated as a poison prevention and treatment center by the | 839 |
director of health under section 3701.20 of the Revised Code. | 840 |
(B) "Harm" means injury, death, or loss to person or | 841 |
property. | 842 |
(C) "Tort action" means a civil action for damages for | 843 |
injury, death, or loss to person or property. "Tort action" | 844 |
includes a product liability claim that is subject to sections | 845 |
2307.71 to 2307.80 of the Revised Code, but does not include a | 846 |
civil action for a breach of contract or another agreement between | 847 |
persons. | 848 |
(D)(1) Subject to division (D)(2) of this section, | 849 |
"volunteer" means a trustee, officer, or agent of a poison | 850 |
prevention and treatment center, or another person associated with | 851 |
such a center, who satisfies both of the following: | 852 |
(a) Performs services for or on behalf of, and under the | 853 |
authority or auspices of, the center; | 854 |
(b) Does not receive compensation, either directly or | 855 |
indirectly, for performing those services. | 856 |
(2) For purposes of division (D)(1) of this section, | 857 |
"compensation" does not include any of the following: | 858 |
(a) Actual and necessary expenses that are incurred by a | 859 |
volunteer in connection with the services performed for a center, | 860 |
and that are reimbursed to the volunteer or otherwise paid; | 861 |
(b) Insurance premiums paid on behalf of a volunteer, and | 862 |
amounts paid or reimbursed, pursuant to division (E) of section | 863 |
1702.12 of the Revised Code; | 864 |
(c) Modest perquisites. | 865 |
Sec. 3701.201. (A) As used in this section, "bioterrorism" | 866 |
has the same meaning as in section 3701.232 of the Revised Code. | 867 |
(B) The public health council shall adopt rules in accordance | 868 |
with Chapter 119. of the Revised Code under which a poison | 869 |
prevention and treatment center or other health-related entity is | 870 |
required to report events that may be caused by bioterrorism, | 871 |
epidemic or pandemic disease, or established or novel infectious | 872 |
agents or biological or chemical toxins posing a risk of human | 873 |
fatality or disability. Rules adopted under this section may | 874 |
require a report of any of the following: | 875 |
(1) An unexpected pattern or increase in the number of | 876 |
telephone inquiries or requests to provide information about | 877 |
poison prevention and treatment and available services; | 878 |
(2) An unexpected pattern or increase in the number of | 879 |
requests to provide specialized treatment, consultation, | 880 |
information, and educational programs to health care professionals | 881 |
and the public; | 882 |
(3) An unexpected pattern or increase in the number of | 883 |
requests for information on established or novel infectious agents | 884 |
or biological or chemical toxins posing a risk of human fatality | 885 |
or disability that is relatively uncommon and may have been caused | 886 |
by bioterrorism. | 887 |
(C) Each poison prevention and treatment center and other | 888 |
health-related entity shall comply with any reporting requirement | 889 |
established in rules adopted under division (B) of this section. | 890 |
(D) Information reported under this section that is protected | 891 |
health information pursuant to section 3701.17 of the Revised Code | 892 |
shall be released only in accordance with that section. | 893 |
Information that does not identify an individual may be released | 894 |
in summary, statistical, oraggregate form. | 895 |
Sec. 3701.22. The department of health shall maintain a | 896 |
897 | |
following: | 898 |
(A) Examination of public water supplies and the effluent of | 899 |
sewage purification works; | 900 |
(B) Diagnosis of
| 901 |
902 | |
diseases or pathogens as it deems necessary; | 903 |
(C) Performance of biological, chemical, or radiological | 904 |
analyses or examinations as it deems necessary; | 905 |
(D) Analysis of patient specimens and food samples necessary | 906 |
for investigation of foodborne illnesses. In foodborne illness | 907 |
investigations, the laboratory shall cooperate and consult with | 908 |
the director of agriculture acting pursuant to section 3715.02 of | 909 |
the Revised Code. | 910 |
| 911 |
charge
of the public health laboratory | 912 |
pursuant to section 3701.22 of the Revised Code. The director may | 913 |
employ an assistant for the laboratory who shall be a person | 914 |
skilled in chemistry and
bacteriology, and
receive | 915 |
compensation as
the director | 916 |
917 | |
department of health. | 918 |
(B) The public health council, in accordance with Chapter | 919 |
119. of the Revised Code, shall adopt, and may amend or rescind, | 920 |
rules establishing reasonable fees | 921 |
the laboratory performs. The council
need not
prescribe fees | 922 |
923 | |
924 | |
health.
All fees collected
for services
| 925 |
performs shall be deposited into the state treasury to the credit | 926 |
of the "laboratory handling fee fund," which is hereby created for | 927 |
the purpose of defraying expenses of operating the laboratory. | 928 |
Sec. 3701.23. (A) As used in this section, "health care | 929 |
provider" means any person or government entity that provides | 930 |
health care services to individuals. "Health care provider" | 931 |
includes, but is not limited to, hospitals, medical clinics and | 932 |
offices, special care facilities, medical laboratories, | 933 |
physicians, pharmacists, dentists, physician assistants, | 934 |
registered and licensed practical nurses, laboratory technicians, | 935 |
emergency medical service organization personnel, and ambulance | 936 |
service organization personnel. | 937 |
(B) Boards of health, health authorities or officials, health | 938 |
care providers in localities in which there are no health | 939 |
authorities or officials, and coroners or medical examiners shall | 940 |
report promptly to the department of health the existence of any | 941 |
of the following: | 942 |
(1) Asiatic cholera; | 943 |
(2) Yellow fever; | 944 |
(3) Diphtheria; | 945 |
(4) Typhus or typhoid fever; | 946 |
(5) As specified by the public health council, other | 947 |
contagious or infectious diseases, illnesses, health conditions, | 948 |
or unusual infectious agents or biological toxins posing a risk of | 949 |
human fatality or disability. | 950 |
(C) No person shall fail to comply with the reporting | 951 |
requirements established under division (B) of this section. | 952 |
(D) The reports required by this section shall be submitted | 953 |
on forms, as required by statute or rule, and in the manner the | 954 |
director of health prescribes. | 955 |
(E) Information reported under this section that is protected | 956 |
health information pursuant to section 3701.17 of the Revised Code | 957 |
shall be released only in accordance with that section. | 958 |
Information that does not identify an individual may be released | 959 |
in summary, statistical, or aggregate form. | 960 |
Sec. 3701.231. If a medical laboratory outside this state | 961 |
performs a test or other diagnostic or investigative analysis that | 962 |
results in information pertaining to a resident of this state that | 963 |
must be reported under section 3701.23 or 3707.06 of the Revised | 964 |
Code, the entity using the laboratory shall ensure that the | 965 |
laboratory complies with reporting and confidentiality | 966 |
requirements and shall verify to the director of health that the | 967 |
laboratory complies with reporting and confidentiality | 968 |
requirements. The director shall establish procedures by which an | 969 |
entity may verify the laboratory's compliance. | 970 |
Sec. 3701.232. (A) As used in this section: | 971 |
(1) "Bioterrorism" means the intentional use of any | 972 |
microorganism, virus, infectious substance, or biological product | 973 |
that may be engineered as a result of biotechnology, or any | 974 |
naturally occurring or bioengineered component of a microorganism, | 975 |
virus, infectious substance, or biological product, to cause | 976 |
death, disease, or other biological malfunction in a human, | 977 |
animal, plant, or other living organism as a means of influencing | 978 |
the conduct of government or intimidating or coercing a | 979 |
population. | 980 |
(2) "Pharmacist" means an individual licensed under Chapter | 981 |
4729. of the Revised Code to engage in the practice of pharmacy as | 982 |
a pharmacist. | 983 |
(3) "Pharmacy" and "prescription" have the same meanings as | 984 |
in section 4729.01 of the Revised Code. | 985 |
(B) The public health council shall adopt rules in accordance | 986 |
with Chapter 119. of the Revised Code under which a pharmacy or | 987 |
pharmacist is required to report significant changes in medication | 988 |
usage that may be caused by bioterrorism, epidemic or pandemic | 989 |
disease, or established or novel infectious agents or biological | 990 |
toxins posing a risk of human fatality or disability. Rules | 991 |
adopted under this section may require a report of any of the | 992 |
following: | 993 |
(1) An unexpected increase in the number of prescriptions for | 994 |
antibiotics; | 995 |
(2) An unexpected increase in the number of prescriptions for | 996 |
medication to treat fever or respiratory or gastrointestinal | 997 |
complaints; | 998 |
(3) An unexpected increase in sales of, or the number of | 999 |
requests for information on, over-the-counter medication to treat | 1000 |
fever or respiratory or gastrointestinal complaints; | 1001 |
(4) Any prescription for medication used to treat a disease | 1002 |
that is relatively uncommon and may have been caused by | 1003 |
bioterrorism. | 1004 |
(C) No person shall fail to comply with any reporting | 1005 |
requirement established in rules adopted under division (B) of | 1006 |
this section. | 1007 |
(D) Information reported under this section that is protected | 1008 |
health information pursuant to section 3701.17 of the Revised Code | 1009 |
shall be released only in accordance with that section. | 1010 |
Information that does not identify an individual may be released | 1011 |
in summary, statistical, or aggregate form. | 1012 |
Sec. 3701.24. (A) As used in this section and sections | 1013 |
3701.241 to 3701.249 of the Revised Code: | 1014 |
(1) "AIDS" means the illness designated as acquired | 1015 |
immunodeficiency syndrome. | 1016 |
(2) "HIV" means the human immunodeficiency virus identified | 1017 |
as the causative agent of AIDS. | 1018 |
(3) "AIDS-related condition" means symptoms of illness | 1019 |
related to HIV infection, including AIDS-related complex, that are | 1020 |
confirmed by a positive HIV test. | 1021 |
(4) "HIV test" means any test for the antibody or antigen to | 1022 |
HIV that has been approved by the director of health under | 1023 |
division (B) of section 3701.241 of the Revised Code. | 1024 |
(5) "Health care facility" has the same meaning as in section | 1025 |
1751.01 of the Revised Code. | 1026 |
(6) "Director" means the director of health or any employee | 1027 |
of the department of health acting on the director's behalf. | 1028 |
(7) "Physician" means a person who holds a current, valid | 1029 |
certificate issued under Chapter 4731. of the Revised Code | 1030 |
authorizing the practice of medicine or surgery and osteopathic | 1031 |
medicine and surgery. | 1032 |
(8) "Nurse" means a registered nurse or licensed practical | 1033 |
nurse who holds a license or certificate issued under Chapter | 1034 |
4723. of the Revised Code. | 1035 |
(9) "Anonymous test" means an HIV test administered so that | 1036 |
the individual to be tested can give informed consent to the test | 1037 |
and receive the results by means of a code system that does not | 1038 |
link the identity of the individual tested to the request for the | 1039 |
test or the test results. | 1040 |
(10) "Confidential test" means an HIV test administered so | 1041 |
that the identity of the individual tested is linked to the test | 1042 |
but is held in confidence to the extent provided by | 1043 |
sections 3701.24 to 3701.248 of the Revised Code. | 1044 |
(11) "Health care provider" means an individual who provides | 1045 |
diagnostic, evaluative, or treatment services. Pursuant to Chapter | 1046 |
119. of the Revised Code, the public health council may adopt | 1047 |
rules further defining the scope of the term "health care | 1048 |
provider." | 1049 |
(12) "Significant exposure to body fluids" means a | 1050 |
percutaneous or mucous membrane exposure of an individual to the | 1051 |
blood, semen, vaginal secretions, or spinal, synovial, pleural, | 1052 |
peritoneal, pericardial, or amniotic fluid of another individual. | 1053 |
(13) "Emergency medical services worker" means all of the | 1054 |
following: | 1055 |
(a) A peace officer; | 1056 |
(b) An employee of an emergency medical service organization | 1057 |
as defined in section 4765.01 of the Revised Code; | 1058 |
(c) A firefighter employed by a political subdivision; | 1059 |
(d) A volunteer firefighter, emergency operator, or rescue | 1060 |
operator; | 1061 |
(e) An employee of a private organization that renders rescue | 1062 |
services, emergency medical services, or emergency medical | 1063 |
transportation to accident victims and persons suffering serious | 1064 |
illness or injury. | 1065 |
(14) "Peace officer" has the same meaning as in division (A) | 1066 |
of section 109.71 of the Revised Code, except that it also | 1067 |
includes a sheriff and the superintendent and troopers of the | 1068 |
state highway patrol. | 1069 |
(B)
| 1070 |
1071 | |
1072 | |
1073 |
| 1074 |
| 1075 |
| 1076 |
| 1077 |
| 1078 |
1079 |
| 1080 |
council under section 3701.241 of the Revised Code shall report | 1081 |
promptly every case of AIDS, every AIDS-related condition, and | 1082 |
every confirmed positive HIV test to the department of health on | 1083 |
forms and in a manner prescribed by the director. In each county | 1084 |
the director shall designate the health commissioner of a health | 1085 |
district in the county to receive the reports. | 1086 |
(C) No person shall fail to comply with the reporting | 1087 |
requirements established under division (B) of this section. | 1088 |
(D) Information reported under this | 1089 |
identifies an individual is confidential and may be released only | 1090 |
with the written consent of the individual except as the director | 1091 |
determines necessary to ensure the accuracy of the information, as | 1092 |
necessary to provide treatment to the individual, as ordered by a | 1093 |
court pursuant to section 3701.243 or 3701.247 of the Revised | 1094 |
Code, or pursuant to a search warrant or a subpoena issued by or | 1095 |
at the request of a grand jury, prosecuting attorney, city | 1096 |
director of law or similar chief legal officer of a municipal | 1097 |
corporation, or village solicitor, in connection with a criminal | 1098 |
investigation or prosecution. Information that does not identify | 1099 |
an individual may be released in summary,
statistical, or
| 1100 |
aggregate form. | 1101 |
Sec. 3701.241. (A) The director of health shall develop and | 1102 |
administer the following: | 1103 |
(1) A surveillance system to determine the number of cases of | 1104 |
AIDS and the HIV infection rate in various population groups; | 1105 |
(2) Counseling and testing programs for groups determined by | 1106 |
the director to be at risk of HIV infection, including procedures | 1107 |
for both confidential and anonymous tests, counseling training | 1108 |
programs for health care providers, and development of counseling | 1109 |
guidelines; | 1110 |
(3) A confidential partner notification system to alert and | 1111 |
counsel sexual contacts of individuals with HIV infection; | 1112 |
(4) Risk reduction and education programs for groups | 1113 |
determined by the director to be at risk of HIV infection, and, in | 1114 |
consultation with a wide range of community leaders, education | 1115 |
programs for the public; | 1116 |
(5) Pilot programs for the long-term care of individuals with | 1117 |
AIDS or AIDS-related condition, including care in nursing homes | 1118 |
and in alternative settings; | 1119 |
(6) Programs to expand regional outpatient treatment of | 1120 |
individuals with AIDS or AIDS-related condition; | 1121 |
(7) A program to assist communities, including communities of | 1122 |
less than one hundred thousand population, in establishing AIDS | 1123 |
task forces and support groups for individuals with AIDS, | 1124 |
AIDS-related condition, and HIV infection. The program may include | 1125 |
the award of grants if they are matched by local funds. | 1126 |
Information obtained or maintained under the partner | 1127 |
notification system is not a public record under section 149.43 of | 1128 |
the Revised Code and may be released only in accordance with | 1129 |
division (C) of section 3701.243 of the Revised Code. | 1130 |
(B) The director shall: | 1131 |
(1) Approve a test or tests to be used to determine whether | 1132 |
an individual has HIV infection, define a confirmed positive test | 1133 |
result, and develop guidelines for interpreting test results; | 1134 |
(2) Establish sites for confidential and anonymous HIV tests, | 1135 |
and prepare a list of sites where an individual may obtain an | 1136 |
anonymous test; | 1137 |
(3) Prepare a list of counseling services; | 1138 |
(4) Make available a copy of the list of anonymous testing | 1139 |
sites or a copy of the list of counseling services to anyone who | 1140 |
requests it. | 1141 |
(C) The director of health shall require the director or | 1142 |
administrator of each site where anonymous or confidential HIV | 1143 |
tests are given to submit a report every three months evaluating | 1144 |
from an epidemiologic perspective the effectiveness of the HIV | 1145 |
testing program at that site. Not later than January 31, 1991, and | 1146 |
each year thereafter, the director of health shall make a report | 1147 |
evaluating the anonymous and confidential testing programs | 1148 |
throughout the state with regard to their effectiveness as | 1149 |
epidemiologic programs. The report shall be submitted to the | 1150 |
speaker of the house of representatives and the president of the | 1151 |
senate and shall be made available to the public. | 1152 |
The public health council shall adopt rules pursuant to | 1153 |
Chapter 119. of the Revised Code for the implementation of the | 1154 |
requirements of division (B)(1) of this section and division | 1155 |
1156 |
(D) The director of health shall administer funds received | 1157 |
under Title XXVI of the "Public Health Services Act," 104 Stat. | 1158 |
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve | 1159 |
the quality and availability of care for individuals with AIDS, | 1160 |
AIDS-related condition, and HIV infection. In administering these | 1161 |
funds, the director may enter into contracts with any person or | 1162 |
entity for the purpose of administering the programs, including | 1163 |
contracts with the department of job and family services for | 1164 |
establishment of a program of reimbursement of drugs used for | 1165 |
treatment and care of such individuals. The director of health may | 1166 |
adopt rules in accordance with Chapter 119. of the Revised Code | 1167 |
and issue orders as necessary for administration of the funds. If | 1168 |
the department of job and family services enters into a contract | 1169 |
under this division, the director of job and family services may | 1170 |
adopt rules in accordance with Chapter 119. of the Revised Code as | 1171 |
necessary for carrying out the department's duties under the | 1172 |
contract. | 1173 |
Sec. 3701.25. (A) Every physician attending on or called in | 1174 |
to
visit a patient whom
| 1175 |
from poisoning from lead, cadmium, phosphorus, arsenic, brass, | 1176 |
wood alcohol, mercury, or
their compounds, | 1177 |
compressed air illness and such other occupational diseases and | 1178 |
ailments as the department of health shall require to be reported, | 1179 |
shall within forty-eight hours from the time of first attending | 1180 |
such patient send to the director of health a report stating: | 1181 |
| 1182 |
| 1183 |
| 1184 |
| 1185 |
by the department. | 1186 |
(B) No person shall fail to comply with the reporting | 1187 |
requirements established under division (A) of this section. | 1188 |
(C) The reports required by this section shall be made on, or | 1189 |
in conformity with, the standard schedule blanks provided for in | 1190 |
section 3701.26 of the Revised Code. The mailing of the report, | 1191 |
within the time required, in a stamped envelope addressed to the | 1192 |
office of the director, shall be in compliance with this section. | 1193 |
(D) Such reports shall not be evidence of the facts therein | 1194 |
stated in any action arising out of the disease therein reported. | 1195 |
(E) Information reported under this section that is protected | 1196 |
health information pursuant to section 3701.17 of the Revised Code | 1197 |
shall be released only in accordance with that section. | 1198 |
Information that does not identify an individual may be released | 1199 |
in summary, statistical, or aggregate form. | 1200 |
Sec. 3701.34. (A) The public health council shall: | 1201 |
| 1202 |
of
general application throughout the state | 1203 |
1204 |
| 1205 |
1206 | |
1207 | |
1208 | |
1209 | |
1210 |
| 1211 |
(2) Conduct hearings in cases where the law requires that the | 1212 |
department shall give such hearings and reach decisions on the | 1213 |
evidence presented, which shall govern subsequent actions of the | 1214 |
director with reference thereto; | 1215 |
| 1216 |
divisions and bureaus and the qualifications of chiefs or | 1217 |
divisions and bureaus within the department; | 1218 |
| 1219 |
the transaction of its business; | 1220 |
| 1221 |
improvement of the public health and advise the director thereon | 1222 |
with such recommendations as it considers wise. | 1223 |
(B) The council shall neither have nor exercise executive or | 1224 |
administrative duties. | 1225 |
Sec. 3701.35. Every
| 1226 |
health council | 1227 |
effect, and a copy thereof, signed by the secretary of the | 1228 |
council, shall be filed in the office of the secretary of state, | 1229 |
and a copy thereof shall be sent by the director of health to each | 1230 |
board of health of a general or a city health district, health | 1231 |
officer, or person performing the duties of health officer, within | 1232 |
the state, and shall be published in such manner as the council | 1233 |
may determine.
Every provision of the
| 1234 |
rules shall apply to and be effective in all portions of the | 1235 |
state. | 1236 |
Sec. 3701.352. No person shall violate any rule
| 1237 |
public health council
| 1238 |
health
| 1239 |
any order | 1240 |
under
| 1241 |
threat to the public caused by a pandemic, epidemic, or | 1242 |
bioterrorism event. | 1243 |
Sec. 3701.501. (A)(1) Except as provided in division (A)(2) | 1244 |
of this section, all newborn children shall be screened for the | 1245 |
presence of the genetic, endocrine, and metabolic disorders | 1246 |
specified in rules, adopted pursuant to this section. | 1247 |
(2) Division (A)(1) of this section does not apply if the | 1248 |
parents of the child object thereto on the grounds that the | 1249 |
screening conflicts with their religious tenets and practices. | 1250 |
(B) There is hereby created the newborn screening advisory | 1251 |
council to advise the director of health regarding the screening | 1252 |
of newborn children for genetic, endocrine, and metabolic | 1253 |
disorders. The council shall engage in an ongoing review of the | 1254 |
newborn screening requirements established under this section and | 1255 |
shall provide recommendations and reports to the director as the | 1256 |
director requests and as the council considers necessary. The | 1257 |
director may assign other duties to the council, as the director | 1258 |
considers appropriate. | 1259 |
The council shall consist of fourteen members appointed by | 1260 |
the director. In making appointments, the director shall select | 1261 |
individuals and representatives of entities with interest and | 1262 |
expertise in newborn screening, including such individuals and | 1263 |
entities as health care professionals, hospitals, children's | 1264 |
hospitals, regional genetic centers, regional sickle cell centers, | 1265 |
newborn screening coordinators, and members of the public. | 1266 |
The department of health shall provide meeting space, staff | 1267 |
services, and other technical assistance required by the council | 1268 |
in carrying out its duties. Members of the council shall serve | 1269 |
without compensation, but shall be reimbursed for their actual and | 1270 |
necessary expenses incurred in attending meetings of the council | 1271 |
or performing assignments for the council. | 1272 |
The council is not subject to sections 101.82 to 101.87 of | 1273 |
the Revised Code. | 1274 |
(C)(1) The director of health shall adopt rules in accordance | 1275 |
with Chapter 119. of the Revised Code specifying the disorders for | 1276 |
which each newborn child must be screened. | 1277 |
(2) The newborn screening advisory council shall evaluate | 1278 |
genetic, metabolic, and endocrine disorders to assist the director | 1279 |
in determining which disorders should be included in the | 1280 |
screenings required under this section. In determining whether a | 1281 |
disorder should be included, the council shall consider all of the | 1282 |
following: | 1283 |
(a) The disorder's incidence, mortality, and morbidity; | 1284 |
(b) Whether the disorder causes disability if diagnosis, | 1285 |
treatment, and early intervention are delayed; | 1286 |
(c) The potential for successful treatment of the disorder; | 1287 |
(d) The expected benefits to children and society in relation | 1288 |
to the risks and costs associated with screening for the disorder; | 1289 |
(e) Whether a screening for the disorder can be conducted | 1290 |
without taking an additional blood sample or specimen. | 1291 |
(3) Based on the considerations specified in division (C)(2) | 1292 |
of this section, the council shall make recommendations to the | 1293 |
director of health for the adoption of rules under division (C)(1) | 1294 |
of this section. The director shall promptly and thoroughly review | 1295 |
each recommendation the council submits. | 1296 |
(D) The director shall adopt rules in accordance with Chapter | 1297 |
119. of the Revised Code establishing standards and procedures for | 1298 |
the screenings required by this section. The rules shall include | 1299 |
standards and procedures for all of the following: | 1300 |
(1) Causing rescreenings to be performed when initial | 1301 |
screenings have abnormal results; | 1302 |
(2) Designating the person or persons who will be responsible | 1303 |
for causing screenings and rescreenings to be performed; | 1304 |
(3) Giving to the parents of a child notice of the required | 1305 |
initial screening and the possibility that rescreenings may be | 1306 |
necessary; | 1307 |
(4) Communicating to the parents of a child the results of | 1308 |
the child's screening and any rescreenings that are performed; | 1309 |
(5) Giving notice of the results of an initial screening and | 1310 |
any rescreenings to the person who caused the child to be screened | 1311 |
or rescreened, or to another person or government entity when the | 1312 |
person who caused the child to be screened or rescreened cannot be | 1313 |
contacted; | 1314 |
(6) Referring children who receive abnormal screening or | 1315 |
rescreening results to providers of follow-up services, including | 1316 |
the services made available through funds disbursed under division | 1317 |
(F) of this section. | 1318 |
(E)(1) Except as provided in divisions (E)(2) and (3) of this | 1319 |
section, all newborn screenings required by this section shall be | 1320 |
performed by the public health laboratory | 1321 |
under section 3701.22 of the Revised Code. | 1322 |
(2) If the director determines that the public health | 1323 |
laboratory
| 1324 |
unable to perform screenings for all of the disorders specified in | 1325 |
the rules adopted under division (C) of this section, the director | 1326 |
shall select another laboratory to perform the screenings. The | 1327 |
director shall select the laboratory by issuing a request for | 1328 |
proposals. The director may accept proposals submitted by | 1329 |
laboratories located outside this state. At the conclusion of the | 1330 |
selection process, the director shall enter into a written | 1331 |
contract with the selected laboratory. If the director determines | 1332 |
that the laboratory is not complying with the terms of the | 1333 |
contract, the director shall immediately terminate the contract | 1334 |
and another laboratory shall be selected and contracted with in | 1335 |
the same manner. | 1336 |
(3) Any rescreening caused to be performed pursuant to this | 1337 |
section may be performed by the public health laboratory | 1338 |
1339 | |
other laboratories designated by the director. Any laboratory the | 1340 |
director considers qualified to perform rescreenings may be | 1341 |
designated, including a laboratory located outside this state. If | 1342 |
more than one laboratory is designated, the person responsible for | 1343 |
causing a rescreening to be performed is also responsible for | 1344 |
selecting the laboratory to be used. | 1345 |
(F)(1) The director shall adopt rules in accordance with | 1346 |
Chapter 119. of the Revised Code establishing a fee that shall be | 1347 |
charged and collected in addition to or in conjunction with any | 1348 |
laboratory fee that is charged and collected for performing the | 1349 |
screenings required by this section. The fee, which shall be not | 1350 |
less than fourteen dollars, shall be disbursed as follows: | 1351 |
(a) Not less than ten dollars and twenty-five cents shall be | 1352 |
deposited in the state treasury to the credit of the genetics | 1353 |
services fund, which is hereby created. Not less than seven | 1354 |
dollars and twenty-five cents of each fee credited to the genetics | 1355 |
services fund shall be used to defray the costs of the programs | 1356 |
authorized by section 3701.502 of the Revised Code. Not less than | 1357 |
three dollars from each fee credited to the genetics services fund | 1358 |
shall be used to defray costs of phenylketonuria programs. | 1359 |
(b) Not less than three dollars and seventy-five cents shall | 1360 |
be deposited into the state treasury to the credit of the sickle | 1361 |
cell fund, which is hereby created. Money credited to the sickle | 1362 |
cell fund shall be used to defray costs of programs authorized by | 1363 |
section 3701.131 of the Revised Code. | 1364 |
(2) In adopting rules under division (F)(1) of this section, | 1365 |
the director shall not establish a fee that differs according to | 1366 |
whether a screening is performed by the public health laboratory | 1367 |
1368 | |
laboratory selected by the director pursuant to division (E)(2) of | 1369 |
this section. | 1370 |
Sec. 3701.56. Boards of health of a general or city health | 1371 |
district, health authorities and officials, officers of state | 1372 |
institutions, police officers, sheriffs, constables, and other | 1373 |
officers and employees of the state or any county, city, or | 1374 |
township, shall enforce | 1375 |
orders, and
the
rules
| 1376 |
health adopts. | 1377 |
Sec. 3701.57. All prosecutions and proceedings by the | 1378 |
department of health for the violation of sections 3701.01 to | 1379 |
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07 | 1380 |
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of | 1381 |
the Revised Code, or for the violation of any of the orders or | 1382 |
rules of the department, shall be instituted by the director of | 1383 |
health.
| 1384 |
of the Revised Code, all fines or judgments | 1385 |
department collects shall be paid into the state treasury to the | 1386 |
credit of the general revenue fund. | 1387 |
The director of health, the board of health of a general or | 1388 |
city health district, or any person charged with enforcing the | 1389 |
rules of the department of health as provided in section 3701.56 | 1390 |
of the Revised Code may petition the court of common pleas for | 1391 |
injunctive or other appropriate relief requiring any person | 1392 |
violating a rule adopted by the public health council under | 1393 |
section 3701.34 of the Revised Code or any order issued by the | 1394 |
director of health under this chapter to comply with such rule or | 1395 |
order. The court of common pleas of the county in which the | 1396 |
offense is alleged to be occurring may grant such injunctive or | 1397 |
other appropriate relief as the equities of the case require. | 1398 |
Sec. 3701.571. (A) The director of health shall adopt rules | 1399 |
pursuant to Chapter 119. of the Revised Code that establish a | 1400 |
graduated system of fines based on the scope and severity of | 1401 |
violations and the history of compliance, not to exceed seven | 1402 |
hundred fifty dollars per incident, and in an adjudication under | 1403 |
Chapter 119. of the Revised Code, may impose a fine against any | 1404 |
person who violates division (C) of section 3701.23, division (C) | 1405 |
of section 3701.232, division (C) of section 3701.24, division (B) | 1406 |
of section 3701.25, or division (B) of section 3707.06 of the | 1407 |
Revised Code or against any poison prevention and treatment center | 1408 |
or other health-related entity that fails to comply with division | 1409 |
(C) of section 3701.201 of the Revised Code. | 1410 |
(B) On request of the director, the attorney general shall | 1411 |
bring and prosecute to judgment a civil action to collect any fine | 1412 |
imposed under division (A) of this section that remains unpaid. | 1413 |
(C) All fines collected under this section shall be deposited | 1414 |
into the state treasury to the credit of the general operations | 1415 |
fund created under section 3701.83 of the Revised Code. | 1416 |
Sec. 3701.99. (A) Whoever violates division (C) of section | 1417 |
3701.23, division (C) of section 3701.232, division (C) of section | 1418 |
3701.24, division (B) of
section
3701.25
| 1419 |
1420 | |
1421 | |
1422 |
| 1423 |
division (D) of section 3701.263, or
| 1424 |
3701.46 to 3701.55 of the Revised Code is guilty of a minor | 1425 |
misdemeanor on a first offense; on each subsequent offense, the | 1426 |
person is guilty of a misdemeanor of the fourth degree. | 1427 |
| 1428 |
is guilty of a misdemeanor of the first degree. | 1429 |
| 1430 |
Revised Code is guilty of a misdemeanor of the second degree. | 1431 |
| 1432 |
1433 | |
1434 |
Sec. 3707.06. (A) Each physician or other person called to | 1435 |
attend a person suffering from cholera, plague, yellow fever, | 1436 |
typhus fever, diphtheria, typhoid fever, or any other disease | 1437 |
dangerous to the public health, or required by the department of | 1438 |
health to be reported, shall report to the health commissioner | 1439 |
within whose jurisdiction the sick person is found the name, age, | 1440 |
sex, and color of the patient, and the house and place in which | 1441 |
the sick person may be found. In like manner, the owner or agent | 1442 |
of the owner of a building in which a person resides who has any | 1443 |
of the listed diseases, or in which are the remains of a person | 1444 |
having died of any of the listed diseases, and the head of the | 1445 |
family, immediately after becoming aware of the fact, shall give | 1446 |
notice thereof to the health commissioner. | 1447 |
(B) No person shall fail to comply with the reporting | 1448 |
requirements of division (A) of this section. | 1449 |
(C) Information reported under this section that is protected | 1450 |
health information pursuant to section 3701.17 of the Revised Code | 1451 |
shall be released only in accordance with that section. | 1452 |
Information that does not identify an individual may be released | 1453 |
in summary, statistical, or aggregate form. | 1454 |
Sec. 3707.34. (A) The health commissioner appointed by a | 1455 |
board of health of a general or city health district may act on | 1456 |
behalf of the board in administering the provision of sections | 1457 |
3707.04 to 3707.32 of the Revised Code regarding quarantine and | 1458 |
isolation if the commissioner acts pursuant to a policy the board | 1459 |
adopts as described in division (B) of this section and either of | 1460 |
the following applies: | 1461 |
(1) Circumstances render a meeting of the board impractical | 1462 |
or impossible. | 1463 |
(2) Delaying action until a meeting of the board compromises | 1464 |
the public health. | 1465 |
(B) Each board of health shall adopt a policy, subject to the | 1466 |
approval of the district advisory council or city council for city | 1467 |
health districts not governed by an advisory council, specifying | 1468 |
the actions that a health commissioner may take pursuant to this | 1469 |
section. Any action a health commissioner takes in accordance with | 1470 |
the board's policy is deemed an action taken by the board unless | 1471 |
the board votes to nullify the commissioner's action. | 1472 |
| 1473 |
general health district may appoint, define the duties of, and fix | 1474 |
the compensation of the number of inspectors of shops, wagons, | 1475 |
appliances, and food, and the number of other persons necessary to | 1476 |
carry out this chapter and Chapter 3717. of the Revised Code and, | 1477 |
if applicable, to carry out any duties assumed by the board under | 1478 |
an agreement entered into under division (B) of section 917.02 of | 1479 |
the Revised Code. Inspectors for those purposes may enter any | 1480 |
house, vehicle, or yard. The board may authorize the health | 1481 |
commissioner to perform the duties of the inspectors. | 1482 |
Sec. 3707.99. (A) Whoever violates section 3707.03 of the | 1483 |
Revised Code, unless good and sufficient reason therefor is shown, | 1484 |
is guilty of a minor misdemeanor. | 1485 |
(B) Whoever violates division (B) of section 3707.06 or | 1486 |
section 3707.48 of the Revised Code is guilty of a minor | 1487 |
misdemeanor on a first offense; on each subsequent offense | 1488 |
the person is guilty of a misdemeanor of the fourth degree. | 1489 |
Sec. 3715.02. (A) The director of agriculture shall adopt | 1490 |
rules in accordance with Chapter 119. of the Revised Code that | 1491 |
establish, when otherwise not established by a law of this state, | 1492 |
definitions for a food or class of food and standards for the | 1493 |
following items as they pertain to the food or class of food: | 1494 |
(1) Quality, identity, purity, grade, and strength; | 1495 |
(2) Packaging and labeling; | 1496 |
(3) Food processing equipment; | 1497 |
(4) Processing procedures; | 1498 |
(5) Fill of containers. | 1499 |
The standards and definitions, where applicable, shall | 1500 |
conform to the standards for foods adopted by the United States | 1501 |
department of agriculture and the United States food and drug | 1502 |
administration. Portions of Titles 7, 9, and 21 of the Code of | 1503 |
Federal Regulations or the regulations adopted for the enforcement | 1504 |
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 | 1505 |
(1938), 21 U.S.C.A. 301 et seq., as amended, may be adopted as | 1506 |
rules by referencing the federal regulations, subject to the | 1507 |
approval of the joint committee on agency rule review. | 1508 |
In adopting rules that establish definitions and standards of | 1509 |
identity for a food or class of food in which only a limited | 1510 |
number of optional ingredients are permitted, the director shall | 1511 |
designate the optional ingredients that must be listed on the | 1512 |
label. | 1513 |
(B) The director shall adopt rules in accordance with Chapter | 1514 |
119. of the Revised Code that establish procedures for the | 1515 |
performance of sample analyses of food, food additives, and food | 1516 |
packaging materials. The circumstances under which a sample | 1517 |
analysis may be required include the following: | 1518 |
(1) When a food, food additive, or food packaging material is | 1519 |
the subject of a consumer complaint; | 1520 |
(2) When requested by a consumer after a physician has | 1521 |
isolated an organism from the consumer as the physician's patient; | 1522 |
(3) When a food, food additive, or food packaging material is | 1523 |
suspected of having caused an illness; | 1524 |
(4) When a food, food additive, or food packaging material is | 1525 |
suspected of being adulterated or misbranded; | 1526 |
(5) When a food, food additive, or food packaging material is | 1527 |
subject to verification of food labeling and standards of | 1528 |
identity; | 1529 |
(6) At any other time the director considers a sample | 1530 |
analysis necessary. | 1531 |
(C) In foodborne illness investigations, the director of | 1532 |
agriculture shall cooperate and consult with the public health | 1533 |
laboratory maintained by the department of health under section | 1534 |
3701.22 of the Revised Code. | 1535 |
(D) The director or the director's designee shall do all of | 1536 |
the following: | 1537 |
(1) Inspect drugs, food, or drink manufactured, stored, or | 1538 |
offered for sale in this state; | 1539 |
(2) Prosecute or cause to be prosecuted each person engaged | 1540 |
in the unlawful manufacture or sale of an adulterated drug or | 1541 |
article of food or drink, in violation of law; | 1542 |
(3) Enforce all laws against fraud, adulteration, or | 1543 |
impurities in drugs, foods, or drinks and unlawful labeling within | 1544 |
this state. | 1545 |
(E) The director may appoint or contract for one or more | 1546 |
qualified persons to enforce the provisions of this chapter. | 1547 |
Sec. 3901.46. As used in this section, "membership | 1548 |
organization" means a fraternal or other association or group of | 1549 |
individuals involved in the same occupation, activity, or interest | 1550 |
that is organized and maintained in good faith for purposes other | 1551 |
than to obtain insurance and is not organized or maintained for | 1552 |
the purpose of engaging in activities for gain or profit. | 1553 |
(A) In underwriting an individual policy of life or sickness | 1554 |
and accident insurance or a group policy of life or sickness and | 1555 |
accident insurance providing coverage for members of a membership | 1556 |
organization, an insurer may require an applicant for coverage | 1557 |
under the policy to submit to an HIV test only in conjunction with | 1558 |
tests for other health conditions. No applicant shall be required | 1559 |
to submit to an HIV test on the basis of
| 1560 |
sexual orientation or factors described in division (C)(1) of | 1561 |
section 3901.45 of the Revised Code that are used to ascertain
| 1562 |
the applicant's sexual orientation. | 1563 |
(B)(1) An insurer that requests an applicant to take an HIV | 1564 |
test shall obtain the applicant's written consent for the test and | 1565 |
shall inform the applicant of the purpose of the test. The consent | 1566 |
form shall include information about the tests to be performed, | 1567 |
the confidentiality of the results, procedures for notifying the | 1568 |
applicant of the results, and a general interpretation of test | 1569 |
results. | 1570 |
(2) The superintendent of insurance shall adopt rules under | 1571 |
Chapter 119. of the Revised Code establishing the form and content | 1572 |
of the consent required under division (B)(1) of this section. | 1573 |
(C) An insurer may disclose the results of a positive HIV | 1574 |
test only to the following persons: | 1575 |
(1) The applicant; | 1576 |
(2) The applicant's or insured's physician or other health | 1577 |
care provider if the applicant or insured provides the insurer | 1578 |
with prior written consent for disclosure; | 1579 |
(3) Another person that the applicant or insured specifically | 1580 |
designates in writing; | 1581 |
(4) A medical information exchange for insurers operated | 1582 |
under procedures intended to ensure confidentiality, including the | 1583 |
use of general codes for results of tests for a number of diseases | 1584 |
and conditions as well as for AIDS or an AIDS-related condition. | 1585 |
(D) The HIV test or tests to be given the applicant shall be | 1586 |
a test or tests approved by the director of health pursuant to | 1587 |
division (B) of section 3701.241 of the Revised Code. Test results | 1588 |
shall be interpreted strictly in accordance with guidelines for | 1589 |
the use of the tests adopted by the director. | 1590 |
(E) The requirements of division
| 1591 |
and sections 3701.242 and 3701.243 of the Revised Code do not | 1592 |
apply to insurers in the underwriting of an individual policy of | 1593 |
life or sickness and accident insurance or of a group policy of | 1594 |
life or sickness and accident insurance providing coverage for | 1595 |
members of a membership organization, except that an insurer may | 1596 |
make use of the procedures in division (C) of section 3701.243 of | 1597 |
the Revised Code. | 1598 |
(F) In underwriting a group policy of life or sickness and | 1599 |
accident insurance, no insurer shall require an individual seeking | 1600 |
coverage, other than an individual seeking coverage under the | 1601 |
policy of a membership organization, to submit to an HIV test. | 1602 |
(G) A violation of this section is an unfair insurance | 1603 |
practice under sections 3901.19 to 3901.26 of the Revised Code. | 1604 |
Sec. 4736.01. As used in this chapter: | 1605 |
(A) "Environmental health science" means the aspect of public | 1606 |
health science that includes, but is not limited to, the following | 1607 |
bodies of knowledge: air quality, food quality and protection, | 1608 |
hazardous and toxic substances, consumer product safety, housing, | 1609 |
institutional health and safety, community noise control, | 1610 |
radiation protection, recreational facilities, solid and liquid | 1611 |
waste management, vector control, drinking water quality, milk | 1612 |
sanitation, and rabies control. | 1613 |
(B) "Sanitarian" means a person who performs for compensation | 1614 |
educational, investigational, technical, or administrative duties | 1615 |
requiring specialized knowledge and skills in the field of | 1616 |
environmental health science. | 1617 |
(C) "Registered sanitarian" means a person who is registered | 1618 |
as a sanitarian in accordance with Chapter 4736. of the Revised | 1619 |
Code. | 1620 |
(D) "Sanitarian-in-training" means a person who is registered | 1621 |
as a sanitarian-in-training in accordance with Chapter 4736. of | 1622 |
the Revised Code. | 1623 |
(E) "Practice of environmental health" means consultation, | 1624 |
instruction, investigation, inspection, or evaluation by an | 1625 |
employee of a city health district, a general health district, the | 1626 |
Ohio environmental protection agency, the department of health, or | 1627 |
the department of agriculture requiring specialized knowledge, | 1628 |
training, and experience in the field of environmental health | 1629 |
science, with the primary purpose of improving or conducting | 1630 |
administration or enforcement under any of the following: | 1631 |
(1) Chapter 911., 913., 917., 3717., 3721., or 3733. of the | 1632 |
Revised Code; | 1633 |
(2) Chapter 3734. of the Revised Code as it pertains to solid | 1634 |
waste; | 1635 |
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections | 1636 |
1637 | |
Code; | 1638 |
(4) Rules adopted under section 3701.34 of the Revised Code | 1639 |
pertaining to home sewage, rabies control, or swimming pools. | 1640 |
"Practice of environmental health" does not include sampling, | 1641 |
testing, controlling of vectors, reporting of observations, or | 1642 |
other duties that do not require application of specialized | 1643 |
knowledge and skills in environmental health science performed | 1644 |
under the supervision of a registered sanitarian. | 1645 |
The state board of sanitarian registration may further define | 1646 |
environmental health science in relation to specific functions in | 1647 |
the practice of environmental health through rules adopted by the | 1648 |
board under Chapter 119. of the Revised Code. | 1649 |
Section 2. That existing sections 149.43, 339.89, 3701.03, | 1650 |
3701.04, 3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, | 1651 |
3701.17, 3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25, | 1652 |
3701.34, 3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99, | 1653 |
3707.06, 3707.33, 3707.99, 3715.02, 3901.46, and 4736.01 of the | 1654 |
Revised Code are hereby repealed. | 1655 |
Section 3. Section 149.43 of the Revised Code is presented | 1656 |
in this act as a composite of the section as amended by Am. Sub. | 1657 |
H.B. 490, Am. Sub. S.B. 180, and Sub. S.B. 258 of the 124th | 1658 |
General Assembly. The General Assembly, applying the principle | 1659 |
stated in division (B) of section 1.52 of the Revised Code that | 1660 |
amendments are to be harmonized if reasonably capable of | 1661 |
simultaneous operation, finds that the composite is the resulting | 1662 |
version of the section in effect prior to the effective date of | 1663 |
the section as presented in this act. | 1664 |