Section 1. That sections 133.07, 140.03, 140.05, 325.19, | 13 |
339.01,
339.02, 339.03,
339.06, 339.09, 339.091, 339.14, 339.16, | 14 |
339.17, 1347.12, 1349.19, 4723.01, and 4723.32 of the Revised Code | 15 |
be amended to read as
follows: | 16 |
(3) Securities issued for the purpose of purchasing, | 64 |
constructing, improving, or extending water or sanitary or
surface | 65 |
and storm water sewerage systems or facilities, or a
combination | 66 |
of those systems or facilities, to the extent that an
agreement | 67 |
entered into with another subdivision requires the
other | 68 |
subdivision to pay to the county amounts equivalent to debt | 69 |
charges on the securities; | 70 |
(5) Securities issued for permanent improvements to house | 77 |
agencies, departments, boards, or commissions of the county or of | 78 |
any municipal corporation located, in whole or in part, in the | 79 |
county, to the extent that the revenues, other than revenues from | 80 |
unvoted county property taxes, derived from leases or other | 81 |
agreements between the county and those agencies, departments, | 82 |
boards, commissions, or municipal corporations relating to the
use | 83 |
of the permanent improvements are sufficient to cover the
cost of | 84 |
all operating expenses of the permanent improvements paid
by the | 85 |
county and debt charges on the securities; | 86 |
(7) Securities issued for the purpose of acquiring or | 89 |
constructing roads, highways, bridges, or viaducts, for the | 90 |
purpose of acquiring or making other highway permanent | 91 |
improvements, or for the purpose of procuring and maintaining | 92 |
computer systems for the office of the clerk of any | 93 |
county-operated municipal court, for the office of the clerk of | 94 |
the court of common pleas, or for the office of the clerk of the | 95 |
probate, juvenile, or domestic relations division of the court of | 96 |
common pleas to the extent that the legislation authorizing the | 97 |
issuance of the securities includes a covenant to appropriate
from | 98 |
moneys distributed to the county pursuant to division (B) of | 99 |
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or | 100 |
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a | 101 |
sufficient amount to cover debt charges on and financing costs | 102 |
relating to the securities as they become due; | 103 |
(9) Securities issued for the acquisition, construction, | 108 |
equipping, or repair of any permanent improvement or any class or | 109 |
group of permanent improvements enumerated in a resolution
adopted | 110 |
pursuant to division (D) of section 5739.026 of the
Revised Code | 111 |
to the extent that the legislation authorizing the
issuance of the | 112 |
securities includes a covenant to appropriate
from moneys received | 113 |
from the taxes authorized under section
5739.023 and division | 114 |
(A)(5) of section 5739.026 of the Revised
Code an amount | 115 |
sufficient to pay debt charges on the securities
and those moneys | 116 |
shall be pledged for that purpose; | 117 |
(15) Securities issued under section 755.17 of the Revised | 135 |
Code if the
legislation authorizing issuance of the securities | 136 |
includes
a covenant to appropriate from revenue received from a | 137 |
tax authorized under
division (A)(5) of section 5739.026 and | 138 |
section 5741.023 of the Revised Code
an amount sufficient to pay | 139 |
debt charges on the securities, and the board of
county | 140 |
commissioners pledges that revenue for that purpose, pursuant to | 141 |
section 755.171 of the Revised Code; | 142 |
(16) Sales tax supported bonds issued pursuant to section | 143 |
133.081 of the Revised Code for the purpose of
acquiring, | 144 |
constructing, improving, or equipping any permanent
improvement to | 145 |
the extent that the legislation authorizing the
issuance of the | 146 |
sales tax supported bonds pledges county sales
taxes to the | 147 |
payment of debt charges on the sales tax supported
bonds and | 148 |
contains a covenant to appropriate from county sales
taxes a | 149 |
sufficient amount to cover debt charges or the financing
costs | 150 |
related to the sales tax supported bonds as they become
due; | 151 |
Sec. 140.03. (A) Two or more hospital agencies may enter | 168 |
into agreements for the acquisition, construction,
reconstruction, | 169 |
rehabilitation, remodeling, renovating,
enlarging, equipping, and | 170 |
furnishing of hospital facilities, or
the management, operation, | 171 |
occupancy, use, maintenance, and
repair of hospital facilities, or | 172 |
for participation in programs,
projects, activities, and services | 173 |
useful to, connected with,
supplementing, or otherwise related to | 174 |
the services provided by,
or the operation of, hospital facilities | 175 |
operated by one or more
participating hospital agencies, including | 176 |
any combination of
such purposes, all in such manner as to promote | 177 |
the public
purpose stated in section 140.02 of the Revised Code.
A | 178 |
city
health district; general health district; board of alcohol, | 179 |
drug
addiction, and mental health services; county board of mental | 180 |
retardation and developmental disabilities; the department of | 181 |
mental health; the department of mental retardation and | 182 |
developmental disabilities; or any public body engaged in the | 183 |
education or training of health professions personnel may join in | 184 |
any such agreement for purposes related to its authority under | 185 |
laws applicable to it, and as such a participant shall be | 186 |
considered a public hospital agency or hospital agency for the | 187 |
purposes of this section. | 188 |
(2) Unless provided for by lease pursuant to section
140.05 | 194 |
of the Revised Code, the method by which such hospital
facilities | 195 |
are to be acquired, constructed, or otherwise improved
and by | 196 |
which they shall be managed, occupied, maintained, and
repaired, | 197 |
including the designation of one of the hospital
agencies to have | 198 |
charge of the details of acquisition,
construction, or improvement | 199 |
pursuant to the contracting
procedures prescribed under the law | 200 |
applicable to one of the
participating public hospital agencies; | 201 |
(5) The manner of apportionment or sharing of costs of | 212 |
hospital facilities, any other applicable costs of management, | 213 |
operation, maintenance, and repair of hospital facilities, and | 214 |
costs for the programs, projects, activities, and services
forming | 215 |
the subject of the agreement, which apportionment or
sharing may | 216 |
be prescribed in fixed amounts, or determined by
ratios, formulas, | 217 |
or otherwise, and paid as service charges,
rentals, or in such | 218 |
other manner as provided in the agreement,
and may include amounts | 219 |
sufficient to meet the bond service
charges and other payments and | 220 |
deposits required under the bond
proceedings for obligations | 221 |
issued to pay costs of hospital
facilities. A hospital agency may | 222 |
commit itself to make such
payments at least for so long as any | 223 |
such obligations are
outstanding. In the apportionment, different | 224 |
classes of costs or
expenses may be apportioned to one or more, | 225 |
all or less than all,
of the participating hospital agencies as | 226 |
determined under such
agreement. | 227 |
(1) An orderly process for making determinations or
advising | 230 |
as to planning, execution, implementation, and
operation, which | 231 |
may include designating one of the hospital
agencies, or a board | 232 |
thereof, for any of such purposes,
provisions for a committee, | 233 |
board, or commission, and for
representation thereon, or as may | 234 |
otherwise be provided; | 235 |
(1) Expend any moneys from its general fund, and from any | 264 |
other funds not otherwise restricted by law, but including funds | 265 |
for permanent improvements of hospital facilities of such public | 266 |
hospital agency where the contribution is to be made toward the | 267 |
costs of hospital facilities under the agreement, and including | 268 |
funds derived from levies for, or receipts available for, | 269 |
operating expenses of hospital facilities or services of such | 270 |
public hospital agency where the contribution or payment is to be | 271 |
made toward operating expenses of the hospital facilities or | 272 |
services under the agreement or for the services provided
thereby; | 273 |
(2) Issue obligations under Chapter 133. or sectionssection | 274 |
140.06,
339.14, 339.15, 513.12, or 3345.12 of the Revised Code,
or | 275 |
Section
3 of Article XVIII, Ohio Constitution, if applicable
to | 276 |
such
public hospital agency, to pay costs of hospital
facilities, | 277 |
or
issue obligations under any other provision of law
authorizing | 278 |
such public hospital agency to issue obligations for
any costs of | 279 |
hospital facilities; | 280 |
(3) Levy taxes under Chapter 5705. or section 513.13 or | 281 |
3709.29 of the Revised Code, if applicable to such public
hospital | 282 |
agency, provided that the purpose of such levy may
include the | 283 |
provision of funds for either or both permanent
improvements and | 284 |
current expenses if required for the
contribution or payment of | 285 |
such hospital agency under such
agreement, and each such public | 286 |
hospital agency may issue notes
in anticipation of any such levy, | 287 |
pursuant to the procedures
provided in section 5705.191 of the | 288 |
Revised Code if the levy is
solely for current expenses, and in | 289 |
section 5705.193 of the
Revised Code if the levy is all or in part | 290 |
for permanent
improvements; | 291 |
(E) Any funds provided by public hospital agencies that
are | 295 |
parties to an agreement entered into under this section shall
be | 296 |
transferred to and placed in a separate fund or funds of such | 297 |
participating public hospital agency as is designated under the | 298 |
agreement. The funds shall be applied for the purposes provided
in | 299 |
such agreement and are subject to audit. Pursuant to any | 300 |
determinations to be made under such agreement, the funds shall
be | 301 |
deposited, invested, and disbursed under the provisions of law | 302 |
applicable to the public hospital agency in whose custody the | 303 |
funds are held. This division is subject to the provisions of
any | 304 |
applicable bond proceedings under section 133.08, 140.06,
339.15, | 305 |
or 3345.12 of the Revised Code or Section 3 of Article
XVIII, Ohio | 306 |
Constitution. The records and reports of such public
hospital | 307 |
agency under Chapter 117. of the Revised Code and
sections 3702.51 | 308 |
to 3702.62 of the Revised
Code, with respect to the funds shall be | 309 |
sufficient without
necessity for reports thereon by the other | 310 |
public hospital
agencies participating under such agreement. | 311 |
(2) If the agreement is with a board of county
commissioners, | 319 |
board of county hospital trustees, or county
hospital commission | 320 |
and is an initial agreement for the
acquisition or operation of a | 321 |
county hospital operated by a board
of county hospital trustees | 322 |
under section 339.06 of the Revised
Code, the governing body of | 323 |
the public hospital agency shall
submit the agreement, accompanied | 324 |
by the resolution or ordinance, to the board of county | 325 |
commissioners for review
pursuant to section 339.091 of the | 326 |
Revised Code.
IfThe agreement may be entered into only if the | 327 |
board of
county commissioners adopts a resolution under that | 328 |
section, it
shall submit the resolution to the electors of the | 329 |
county
pursuant
to section 339.092 of the Revised Code. The | 330 |
requirements of
division (F)(2) of this section do not apply to | 331 |
the agreement if
one or more hospitals classified as general | 332 |
hospitals by the
public health council under section 3701.07 of | 333 |
the Revised Code
are operating in the same county as the county | 334 |
hospital. | 335 |
Sec. 140.05. (A)(1) A public hospital agency may lease
any | 336 |
hospital facility to one or more hospital agencies for use as
a | 337 |
hospital facility, or to one or more city or general health | 338 |
districts; boards of alcohol, drug addiction, and mental health | 339 |
services; county boards of mental retardation and developmental | 340 |
disabilities; the department of mental health; or the department | 341 |
of mental retardation and developmental disabilities, for uses | 342 |
which they are authorized to make thereof under the laws | 343 |
applicable to them, or any combination of them, and they may
lease | 344 |
such facilities to or from a hospital agency for such uses,
upon | 345 |
such terms and conditions as are agreed upon by the parties.
Such | 346 |
lease may be for a term of fifty years or less and may
provide for | 347 |
an option of the lessee to renew for a term of fifty
years or | 348 |
less, as therein set forth. Prior to entering into such
lease,
the | 349 |
governing body of any public hospital agency granting
such
lease | 350 |
must determine, and set forth in a resolution or
ordinance,
that | 351 |
such lease will promote the public purpose stated
in section | 352 |
140.02 of the Revised Code and that the lessor public
hospital | 353 |
agency will be duly benefited thereby. | 354 |
(2) If the lease is with a board of county commissioners, | 355 |
board of county hospital trustees, or county hospital commission | 356 |
and is an agreement for the initial lease of a county hospital | 357 |
operated by a
board of county hospital trustees under section | 358 |
339.06 of the
Revised Code, the governing body of the public | 359 |
hospital agency
shall submit the agreement, accompanied by the | 360 |
resolution or ordinance, to the board of county commissioners for | 361 |
review
pursuant to section 339.091 of the Revised Code.
IfThe | 362 |
agreement may be entered into only if the board of
county | 363 |
commissioners adopts a resolution under that section, it
shall | 364 |
submit the resolution to the electors of the county
pursuant
to | 365 |
section 339.092 of the Revised Code. The
requirements of
division | 366 |
(A)(2) of this section do not apply to
the lease if one
or more | 367 |
hospitals classified as general
hospitals by the public
health | 368 |
council under section 3701.07 of
the Revised Code are
operating in | 369 |
the same county as the county
hospital. | 370 |
(B) Any lease entered into pursuant to this section shall | 371 |
provide that in the event that the lessee fails faithfully and | 372 |
efficiently to administer, maintain, and operate such leased | 373 |
facilities as hospital facilities, or fails to provide the | 374 |
services thereof without regard to race, creed, color, or
national | 375 |
origin, or fails to require that any hospital agency
using such | 376 |
facilities or the services thereof shall not
discriminate by | 377 |
reason of race, creed, color, or national origin,
after an | 378 |
opportunity to be heard upon written charges, said lease
may be | 379 |
terminated at the time, in the manner and with
consequences | 380 |
therein provided. If any such lease does not
contain terms to the | 381 |
effect provided in this division, it shall
nevertheless be deemed | 382 |
to contain such terms which shall be
implemented as determined by | 383 |
the governing body of the lessor. | 384 |
(C) Such lease may provide for rentals commencing at any
time | 385 |
agreed upon, or advance rental, and continuing for such
period | 386 |
therein provided, notwithstanding and without diminution,
rebate, | 387 |
or setoff by reason of time of availability of the
hospital | 388 |
facility for use, delays in construction, failure of
completion, | 389 |
damage or destruction of the hospital facilities, or
for any other | 390 |
reason. | 391 |
(D) Such lease may provide for the sale or transfer of
title | 392 |
of the leased facilities pursuant to an option to purchase, | 393 |
lease-purchase, or installment purchase upon terms therein | 394 |
provided or to be determined as therein provided, which may | 395 |
include provision for the continued use thereof as a hospital | 396 |
facility for some reasonable period, taking into account
efficient | 397 |
useful life and other factors, as is provided therein. | 398 |
(F) If land acquired by a public hospital agency for a | 404 |
hospital facility is adjacent to an existing hospital facility | 405 |
owned by another hospital agency, the public hospital agency may, | 406 |
in connection with such acquisition or the leasing of such land | 407 |
and hospital facilities thereon to one or more hospital agencies, | 408 |
enter into an agreement with the hospital agency which owns such | 409 |
adjacent hospital facility for the use of common walls in the | 410 |
construction, operation, or maintenance of hospital facilities of | 411 |
the public hospital agency. For the purpose of construction, | 412 |
operation, or maintenance of hospital facilities, a public | 413 |
hospital agency may acquire by purchase, gift, lease, lease with | 414 |
option to purchase, lease-purchase, or installment purchase, | 415 |
easement deed, or other agreement, real estate and interests in | 416 |
real estate, including rights to use space over, under or upon | 417 |
real property owned by others, and support, access, common wall, | 418 |
and other rights in connection therewith. Any public hospital | 419 |
agency or other political subdivision or any public agency,
board, | 420 |
commission, institution, body, or instrumentality may
grant such | 421 |
real estate, interests, or rights to any hospital
agency upon such | 422 |
terms as are agreed upon without necessity for
competitive bidding | 423 |
or public auction. | 424 |
Sec. 325.19. (A)(1) The granting of vacation leave under | 425 |
division (A)(1) of this section is subject to divisions (A)(2)
and | 426 |
(3) of this section. Each full-time employee in the several | 427 |
offices and departments of the county service, including
full-time | 428 |
hourly rate employees, after service of one year with
the county | 429 |
or any political subdivision of the state, shall have
earned and | 430 |
will be due upon the attainment of the first year of
employment, | 431 |
and annually thereafter, eighty hours of vacation
leave with full | 432 |
pay. One year of service shall be computed on
the basis of | 433 |
twenty-six biweekly pay periods. A full-time county
employee with | 434 |
eight or more years of service with the county or
any political | 435 |
subdivision of the state shall have earned and is
entitled to one | 436 |
hundred twenty hours of vacation leave with full
pay. A full-time | 437 |
county employee with fifteen or more years of
service with the | 438 |
county or any political subdivision of the state
shall have earned | 439 |
and is entitled to one hundred sixty hours of
vacation leave with | 440 |
full pay. A full-time county employee with
twenty-five years of | 441 |
service with the county or any political
subdivision of the state | 442 |
shall have earned and is entitled to two
hundred hours of vacation | 443 |
leave with full pay. Such vacation
leave shall accrue to the | 444 |
employee at the rate of three and
one-tenth hours each biweekly | 445 |
period for those entitled to eighty
hours per year; four and | 446 |
six-tenths hours each biweekly period
for those entitled to one | 447 |
hundred twenty hours per year; six and
two-tenths hours each | 448 |
biweekly period for those entitled to one
hundred sixty hours per | 449 |
year; and seven and seven-tenths hours
each biweekly period for | 450 |
those entitled to two hundred hours per
year. | 451 |
(2) Full-time employees granted vacation leave under
division | 459 |
(A)(1) of this section who render any standard of
service
other | 460 |
than forty hours per week as described in division
(J) of
this | 461 |
section and who are in active pay status in a
biweekly pay
period, | 462 |
shall accrue a number of hours of vacation
leave during
each such | 463 |
pay period that bears the same ratio to
the number of
hours | 464 |
specified in division (A)(1) of this section
as their number
of | 465 |
hours which are accepted as full-time in
active pay status, | 466 |
excluding overtime hours, bears to eighty
hours. | 467 |
(3) Full-time employees granted vacation leave under
division | 468 |
(A)(1) of this section who are in active pay status in a
biweekly | 469 |
pay period for less than eighty hours or the number of
hours of | 470 |
service otherwise accepted as full-time by their
employing office | 471 |
or department shall accrue a number of hours of
vacation leave | 472 |
during that pay period that bears the same ratio
to
the number of | 473 |
hours specified in division (A)(1) of this
section
as their number | 474 |
of hours in active pay status, excluding
overtime
hours, bears to | 475 |
eighty or the number of hours of service
accepted
as full-time, | 476 |
whichever is applicable. | 477 |
(B) A board of county commissioners, by resolution, may
grant | 478 |
vacation leave with full pay to part-time county employees.
A | 479 |
part-time county employee shall be eligible for vacation leave | 480 |
with full pay upon the attainment of the first year of
employment, | 481 |
and annually thereafter. The ratio between the hours
worked and | 482 |
the vacation hours awarded to a part-time employee
shall be the | 483 |
same as the ratio between the hours worked and the
vacation hours | 484 |
earned by a full-time employee as provided for in
this section. | 485 |
(C) Days specified as holidays in section 124.19 of the | 486 |
Revised Code shall not be charged to an employee's vacation
leave. | 487 |
Vacation leave shall be taken by the employee during the
year in | 488 |
which it accrued and prior to the next recurrence of the | 489 |
anniversary date of the employee's employment, provided the | 490 |
appointing
authority may, in special and meritorious cases, permit | 491 |
such
employee to accumulate and carry over the employee's
vacation | 492 |
leave to the
following year. No vacation leave shall be carried | 493 |
over for more
than three years. An employee is entitled to | 494 |
compensation, at
the employee's current rate of pay, for the | 495 |
prorated portion
of any earned but unused vacation leave for the | 496 |
current year to the employee's
credit at time of separation, and | 497 |
in addition shall be compensated for any
unused vacation leave | 498 |
accrued to the employee's credit, with the permission
of the | 499 |
appointing authority, for the three years immediately preceding | 500 |
the
last anniversary date of employment. | 501 |
(D)(1) In addition to vacation leave, a full-time county | 502 |
employee is entitled to eight hours of holiday pay for New Year's | 503 |
day, Martin Luther King day, Washington-Lincoln day, Memorial
day, | 504 |
Independence day, Labor day, Columbus day, Veterans' day, | 505 |
Thanksgiving day, and Christmas day, of each year. Except
as | 506 |
provided in division (D)(2) of this section, holidays
shall occur | 507 |
on the days specified in section 1.14 of the Revised
Code. If any | 508 |
of
those holidays fall on
Saturday, the Friday immediately | 509 |
preceding shall be observed as
the holiday. If any of
those | 510 |
holidays
fall on Sunday, the Monday immediately succeeding shall | 511 |
be
observed as the holiday. If an employee's work schedule is | 512 |
other
than Monday through Friday, the employee is entitled to | 513 |
holiday pay for holidays observed on the employee's day off | 514 |
regardless of the
day of the week on which they are observed. | 515 |
(2)(a) When a classified employee of a county board of
mental | 516 |
retardation and developmental disabilities works at a site | 517 |
maintained by a
government entity other than the board, such as a | 518 |
public school, the board may
adjust the employee's holiday | 519 |
schedule to conform to the schedule adopted by
the government | 520 |
entity. Under an adjusted holiday schedule, an employee shall | 521 |
receive the number of hours of holiday pay granted under division | 522 |
(D)(1) of this section. | 523 |
(F) Notwithstanding this section or any other section of
the | 533 |
Revised Code, any appointing authority of a county office, | 534 |
department, commission, board, or body may, upon notification to | 535 |
the board of county commissioners, establish alternative
schedules | 536 |
of vacation leave and holidays for employees of the
appointing | 537 |
authority for whom the state employment relations
board has not | 538 |
established an appropriate bargaining unit pursuant
to section | 539 |
4117.06 of the Revised Code, provided that the
alternative | 540 |
schedules are not inconsistent with the provisions of
a collective | 541 |
bargaining agreement covering other employees of
that appointing | 542 |
authority. | 543 |
(I) Division (A) of this section does not apply to an | 550 |
employee of
a county board of mental retardation and developmental | 551 |
disabilities who works
at, or provides transportation services to | 552 |
pupils of, a special education
program provided by the county | 553 |
board pursuant to division (A)(4) of
section 5126.05 of the | 554 |
Revised Code, if the employee's employment is based on a school | 555 |
year
and the employee is not subject to a contract with the county | 556 |
board that
provides for division (A) of this section to apply to | 557 |
the employee. | 558 |
(B) A board of county commissioners may purchase,
acquire, | 582 |
lease, appropriate, and construct a county hospital or
hospital | 583 |
facilities thereof. After a county hospital or hospital
facilities | 584 |
have been fully completed and sufficiently equipped
for occupancy, | 585 |
any subsequent improvements, enlargements, or
rebuilding of any | 586 |
such facility shall be made by the board of
county hospital | 587 |
trustees or a hospital commission appointed
pursuant to section | 588 |
339.14 of the Revised Code. | 589 |
(C)(1) A board of county commissioners, board of county | 590 |
hospital trustees, or hospital
commission may purchase, acquire, | 591 |
lease, appropriate, or
construct an outpatient health facility in | 592 |
another county to serve as a branch of the county
hospital. The | 593 |
outpatient health facility
may include office space for | 594 |
physicians. The facility shall be operated
pursuant to
the law | 595 |
that regulates the operation of the county hospital. A | 596 |
(a) The
board of county hospital trustees or a hospital | 600 |
commission that
proposes to establish such a facility shall give | 601 |
written notice
to its board of county commissioners and to the | 602 |
board of county
commissioners of the county where the
facility is | 603 |
to be located.
The board of county commissioners where the | 604 |
facility is
to be located, by resolution adopted within forty days | 605 |
after
receipt of the notice, may object to the proposed facility. | 606 |
The
resolution shall include an explanation of the objection and | 607 |
may
make any recommendations the board considers necessary. The | 608 |
board
shall send a copy of the resolution to the board of county | 609 |
hospital trustees or the hospital commission and to the board of | 610 |
county commissioners of the county that proposes to locate the | 611 |
facility in the other county. | 612 |
(2)(b) Except as provided in division (C)(3)(2)(c) of this | 613 |
section,
the board of county hospital trustees or the hospital | 614 |
commission
may establish and operate the facility,
unless the | 615 |
board of county commissioners of the county
proposing to locate | 616 |
the
facility in the other county, not later than
twenty days after | 617 |
receiving a resolution of objection from the other
county's board | 618 |
of county commissioners pursuant to division (C)(1)(2)(a) of
this | 619 |
section, adopts a resolution denying the trustees or
commission | 620 |
the right to establish the facility. | 621 |
(B) Unless a board of county hospital trustees for the
county | 635 |
is in existence in accordance with this section, such
board
shall | 636 |
be created pursuant to this section after the board
of
county | 637 |
commissioners first determines by resolution to
establish a
county | 638 |
hospital. Copies of such resolution shall be
certified to
the | 639 |
probate judge of the county senior in point of
service and to
the | 640 |
judge, other than a probate judge, of the
court of common
pleas of | 641 |
the county senior in point of service.
The | 642 |
(1) Annually
thereafter except as provided in division
(D)(2) | 689 |
of
this section, on the first Monday of March, the board of
county | 690 |
commissioners together with the probate judge of the
county
senior | 691 |
in point of service and the judge of the court of
common
pleas of | 692 |
the county senior in point of service shall
appoint or
reappoint | 693 |
for a term of six years a sufficient number
of
electors
of the | 694 |
area served by the hospitalmembers to replace those
trustees | 695 |
members whose terms
have expired. | 696 |
(3) The appointing authority may fill a vacancy by seeking | 701 |
nominations from a selection committee consisting of one county | 702 |
commissioner designated by the board of county commissioners, the | 703 |
chair of the board of county hospital trustees, and the county | 704 |
hospital administrator. If nominations for filling a vacancy are | 705 |
sought from a selection committee, the committee shall nominate at | 706 |
least three individuals for the vacancy. The appointing authority | 707 |
may fill the vacancy by appointing one of the nominated | 708 |
individuals or by appointing another individual selected by the | 709 |
appointing authority. | 710 |
(G)(1) The board of county commissioners together with the | 715 |
probate judge senior in point of service and the judge of the | 716 |
court of common pleas senior in point of service in any county in | 717 |
which a board of county hospital trustees has been appointed may | 718 |
expand the number of
trusteesmembers to eight or to ten.
Such | 719 |
additional
trustees shall be electors of the area served by the | 720 |
hospital.
When the number of
trusteesmembers is increased
to | 721 |
eight, one shall be
appointed for a three-year and one for a | 722 |
six-year term from the
first Monday of March thereafter. When
the | 723 |
number of
trusteesmembers is
increased from six to ten, the term | 724 |
for
additional members shall
be: one for one year, one for three | 725 |
years, one for four years,
and one for six years from the first | 726 |
Monday of March thereafter.
When the number of
trusteesmembers is | 727 |
increased from eight to ten, the
term for additional members
shall | 728 |
be: one for one year and one
for four years from the first
Monday | 729 |
of March thereafter.
Thereafter except as provided in
division | 730 |
(D)(G)(2) of this section,
upon the expiration of the term
of | 731 |
office of each
trusteemember, the
trustee's successorvacancy | 732 |
shall be
appointed for a
term of six yearsfilled in the manner | 733 |
specified in division (F) of this section. | 734 |
(2) The board of county commissioners together with the | 735 |
probate judge senior in point of service and the judge of the | 736 |
court of common pleas senior in point of service may reduce the | 737 |
number of
members of a board of county hospital trustees to eight | 738 |
or to six.
The reduction shall occur on expiration of a
trustee's | 739 |
member's term of
office, at which time no appointment shall be | 740 |
made. While the
board of county commissioners and the judges are | 741 |
in the process
of
reducing the number of
trusteesmembers, the | 742 |
board of county hospital
trustees may consist of nine or seven | 743 |
trusteesmembers for one year. | 744 |
(I) The members of a board of county hospital trustees shall | 758 |
serve without compensation, but shall be allowed their necessary | 759 |
and reasonable expenses incurred in the performance of their | 760 |
duties, including the cost of their participation in any | 761 |
continuing education programs or developmental programs that the | 762 |
members consider necessary. Allowable expenses shall be paid out | 763 |
of the funds provided for the county hospital. | 764 |
(F) The board of county commissioners, together with the | 777 |
probate judge senior in point of service and the judge of the | 778 |
court of common pleas senior in point of service, shall fill all | 779 |
vacancies that occur in such board of county hospital trustees | 780 |
which result from death, resignation, or removal from office by | 781 |
appointment of electors from the area served by the hospital to | 782 |
fill the unexpired terms.
Any trustee appointed under this
section | 783 |
may be removed
from
office by the appointing authority
for cause | 784 |
impairing
faithful,
efficient, and intelligent
administration, or | 785 |
for
conduct
unbecoming to such office, after
an opportunity is | 786 |
given
to be
heard before the appointing
authority upon written | 787 |
charges
initiated by the appointing
authority or board of | 788 |
trustees, but no
removal shall be made for
political reasons. | 789 |
(G) SuchA board of county hospital trustees shall hold | 790 |
meetings at
least once a month, shall adopt necessary rules of | 791 |
procedure, and
shall keep a record of its proceedings and a
strict | 792 |
account of all
its receipts, disbursements, and
expenditures; and | 793 |
upon. On
completion of the construction and
equipping of a
county | 794 |
hospital
such, the board shall file such account with
the board of | 795 |
county
commissioners and make final settlement with
suchthe board | 796 |
of
county commissioners for the
construction and equipping of the | 797 |
hospital. | 798 |
Sec. 339.03. The board of county hospital trustees shall | 799 |
have complete charge of the selection and purchase or lease of a | 800 |
site or sites for a county hospital, taking title or leasehold | 801 |
interest to such site or sites in the name of the county, the | 802 |
selection of plans and specifications, the determination and | 803 |
erection of all necessary buildings on such site or sites, and of | 804 |
the selection and installation of all necessary and proper | 805 |
furniture, fixtures, and equipment. The | 806 |
AThe board of county hospital trustees may construct an | 815 |
addition to the county hospital, acquire an existing structure
for | 816 |
the purpose of leasing office space to local physicians, or
lease | 817 |
real property to any person to construct facilities for
providing | 818 |
medical services other than inpatient hospital services
if the | 819 |
board of county hospital trustees determines that such
purpose is | 820 |
reasonably related to the proper operation of the
county hospital. | 821 |
(2) Of the funds used in the county hospital's operation,
all | 855 |
or part of the
moneysany amount determined not to be necessary to | 856 |
meet current demands on
the hospital may be invested by the board | 857 |
of county hospital trustees or its designee
in any classifications | 858 |
of securities and obligations eligible for deposit or
investment | 859 |
of county moneys pursuant to section 135.35 of the Revised Code, | 860 |
subject to the
approval of the board's written investment policy | 861 |
by the county investment
advisory committee established pursuant | 862 |
to section 135.341 of the Revised Code. | 863 |
(B)(3) Annually by the first day of November, not later than | 864 |
sixty days before the end of the fiscal year used by the county | 865 |
hospital, the board of
county hospital trustees shall submit its | 866 |
proposed budget for the
ensuing fiscal year to the board of county | 867 |
commissioners for
approval, and thethat board's review. The board | 868 |
of county commissioners shall review and approve athe proposed | 869 |
budget for the county hospital by the first day of Decemberthe | 870 |
fiscal year to which the budget applies. If
the board of county | 871 |
commissioners has not approved the budget by the first day of the | 872 |
fiscal year to which the budget applies, the budget is deemed to | 873 |
have been approved by the board on the first day of that fiscal | 874 |
year. | 875 |
(4) The board of county hospital trustees shall not expend | 876 |
funds received from taxes collected pursuant to any tax levied | 877 |
under section
5705.22 of the Revised Code or the amount | 878 |
appropriated to the
county hospital by the board of county | 879 |
commissioners in the annual appropriation
measure for the county | 880 |
for the ensuing fiscal year differ from
the amount shown in the | 881 |
approved budget, the board of county
commissioners may require the | 882 |
board of county hospital trustees
to revise the hospital budget | 883 |
accordingly. The board of trustees
shall not expend such funds | 884 |
until its budget for that calendarthe applicable fiscal
year is | 885 |
submitted to and approved by the board of county
commissionersin | 886 |
accordance with division (C)(3) of this section. At any time the | 887 |
amount received from those sources differs from the amount shown | 888 |
in the approved budget, the board of county commissioners may | 889 |
require the board of county hospital trustees to revise the county | 890 |
hospital budget accordingly. Thereafter such funds | 891 |
(5) Funds under the control of the board of county hospital | 892 |
trustees may be disbursed by the
board of county hospital | 893 |
trustees, consistent with the approved
budget, for the uses and | 894 |
purposes of suchthe county hospital; for the
replacement of | 895 |
necessary equipment; for the acquisition,
leasing, or construction | 896 |
of permanent improvements to county
hospital property; or for | 897 |
making a donation authorized by
division (C)(E) of this section. | 898 |
Each disbursement of funds shall be
made on a voucher signed by | 899 |
signatories designated
and approved by the board of county | 900 |
hospital trustees. | 901 |
(6) The head of a board of county hospital trustees is not | 902 |
required to file an estimate of contemplated revenue and | 903 |
expenditures for the ensuing fiscal year under section 5705.28 of | 904 |
the Revised Code unless the board of county commissioners levies
a | 905 |
tax for the county hospital, or such a tax is proposed, or the | 906 |
board of county hospital trustees desires that the board of
county | 907 |
commissioners make an appropriation to the county hospital
for the | 908 |
ensuing fiscal year. | 909 |
(b) The contract provides that the bank, savings and loan | 952 |
association, or savings bank shall not commence a civil action | 953 |
against the board of county commissioners, any member of the | 954 |
board, or the county to recover the principal, interest, or any | 955 |
charges or other amounts that remain outstanding on the secured | 956 |
line of credit at the time of any default by the board of county | 957 |
hospital trustees. | 958 |
(G)(I) The board of county hospital trustees may authorize a | 988 |
county hospital and each of its units, hospital board members, | 989 |
designated hospital employees, and medical staff members to be a | 990 |
member of and maintain membership in any local, state, or
national | 991 |
group or association organized and operated for the
promotion of | 992 |
the public health and welfare or advancement of the
efficiency of | 993 |
hospital administration and in connection therewith
to use tax | 994 |
funds for the payment of dues and fees and related
expenses but | 995 |
nothing in this section prohibits the board from
using receipts | 996 |
from hospital operation, other than tax funds, for
the payment of | 997 |
such dues and fees. | 998 |
(4) The board may hire, by contract or as salaried
employees, | 1012 |
such management consultants, accountants, attorneys,
engineers, | 1013 |
architects, construction managers, and other
professional advisors | 1014 |
as it determines are necessary and
desirable to assist in the | 1015 |
management of the programs and
operation of the county hospital. | 1016 |
Such professional advisors may
be paid from county hospital | 1017 |
operating funds. | 1018 |
(I)(K) Notwithstanding sections 325.191 and 325.20 of the | 1051 |
Revised
Code, the board of county hospital trustees may provide, | 1052 |
without
the prior authorization of the board of county | 1053 |
commissioners,
scholarships for education in the health care | 1054 |
professions,
tuition reimbursement, and other staff development | 1055 |
programs to
enhance the skills of health care professionals for | 1056 |
the purpose
of recruiting or retaining qualified employees. | 1057 |
Sec. 339.09. When the county hospital has been fully | 1065 |
completed and sufficiently equipped for occupancy, in lieu of | 1066 |
sections 339.06 to 339.08 of the Revised Code, the board of
county | 1067 |
commissioners of any county, on adoption of a resolution
under | 1068 |
section 339.091 of the Revised Code
and approval by the
vote of a | 1069 |
majority of the electors pursuant to section 339.092 of
the | 1070 |
Revised Code, may, upon such terms as are agreed upon between
the | 1071 |
board and a constituted and empowered nonsectarian Ohio | 1072 |
corporation, organized for charitable purposes and not for
profit, | 1073 |
a majority of whose members reside in the county, enter into an | 1074 |
agreement to lease
for use as
a hospital or hospital facilities, | 1075 |
the lands, the
buildings, and
equipment of any hospital owned by | 1076 |
said county.
Such lease may be
from year to year or may provide | 1077 |
for a term of
not more than
thirty years and may provide that such | 1078 |
board has
the option to
renew such lease at the expiration thereof | 1079 |
for a
further term of
not more than thirty years upon such terms | 1080 |
as are
provided for in
such lease. In the event that said | 1081 |
nonprofit
corporation fails to
faithfully and efficiently | 1082 |
administer,
maintain, and operate such
hospital as a public | 1083 |
hospital,
admitting patients without regard
to race, creed, or | 1084 |
color, then,
after an opportunity is given to
be heard upon | 1085 |
written charges,
said agreement shall terminate and
the control | 1086 |
and management of
said hospital, together with all
additions, | 1087 |
improvements, and
equipment, shall revert to and become
the | 1088 |
property of the county
to be operated as provided by law. | 1089 |
Sec. 339.091. Before the board of county commissioners, | 1090 |
board of county hospital trustees, or county hospital commission | 1091 |
may enter into an initial agreement for the acquisition, | 1092 |
operation, or lease under section 140.03, 140.05, 339.09, or | 1093 |
339.14 of the Revised Code of a county hospital operated by a | 1094 |
board of county hospital trustees under section 339.06 of the | 1095 |
Revised Code, the board of county commissioners shall review the | 1096 |
agreement.
If it finds that the agreement will meet the needs of | 1097 |
the residents of the county for hospital service, the board of | 1098 |
county commissioners may adopt a resolution authorizing the board | 1099 |
of county commissioners, board of county hospital trustees, or | 1100 |
county hospital commission to enter into the agreement;
however, | 1101 |
authorization to enter into the agreement shall become effective | 1102 |
only if approved by the electors of the county pursuant to
section | 1103 |
339.092 of the Revised Code. ThisOn adoption of the resolution, | 1104 |
the board of county commissioners, board of county hospital | 1105 |
trustees, or county hospital commission may enter into the | 1106 |
agreement. | 1107 |
Sec. 339.14. (A) Upon application to the board of county | 1113 |
commissioners by an Ohio corporation or corporations, organized | 1114 |
for charitable hospital purposes and not for profit, in this | 1115 |
section called participating hospital corporations, the board of | 1116 |
county commissioners may, after a determination that the | 1117 |
preservation of the public health requires additional hospital | 1118 |
facilities in the county, appoint a hospital commission of not | 1119 |
less than three members, in this section called the county | 1120 |
hospital commission. Not less than three members of such | 1121 |
commission shall be appointed to represent the public, and there | 1122 |
shall be appointed to the commission one additional member for | 1123 |
each participating hospital corporation, and there may be | 1124 |
appointed to the commission one additional member for each | 1125 |
nonparticipating charitable hospital corporation in the county
and | 1126 |
one or more members for any joint township hospital district | 1127 |
participating under an agreement pursuant to section 513.081 of | 1128 |
the Revised Code. All members representing the county and
hospital | 1129 |
corporations shall be electors of the county. All
members shall | 1130 |
serve without compensation. Of the first three
public members | 1131 |
appointed to the commission one shall be appointed
for a term of | 1132 |
two years, one for a term of four years, and one
for
a term of six | 1133 |
years. Thereafter, such public members shall
be
appointed for a | 1134 |
term of six years as shall be any additional
public members. | 1135 |
Members representing participating and
nonparticipating hospital | 1136 |
corporations shall be appointed for a
term of six years. Vacancies | 1137 |
shall be filled by appointment by
the board of county | 1138 |
commissioners for the unexpired term. | 1139 |
(B) The county hospital commission after consultation with | 1140 |
participating hospital corporations and agreement as to their | 1141 |
respective needs and the needs of the public of the county for | 1142 |
hospital service may, with the consent of the board of county | 1143 |
commissioners, accept conveyances of real estate and interests in | 1144 |
real estate, situated within the county, from any person and may, | 1145 |
on adoption of a resolution by the board of county commissioners | 1146 |
pursuant to section 339.091 of the Revised Code
and approval by | 1147 |
the electors pursuant to section 339.092 of the Revised Code, | 1148 |
enter into an agreement before or after such conveyance with such | 1149 |
person or with one or more Ohio corporations organized for | 1150 |
charitable hospital purposes or nonprofit corporation organized
to | 1151 |
provide services to corporations organized for charitable
hospital | 1152 |
purposes, to lease to such corporation or corporations
upon such | 1153 |
terms as may be agreed upon such real estate together
with | 1154 |
improvements thereof and buildings thereafter constructed
thereon | 1155 |
and furniture, fixtures, and equipment therein for use as
a | 1156 |
general hospital or a hospital facility, the lease shall be for
a | 1157 |
period not to exceed fifty years, renewable for a like term and | 1158 |
may contain provisions for the sale of such property to the
lessee | 1159 |
upon the unanimous consent of the board of county
commissioners | 1160 |
for a purchase price representing not less than the
actual cost to | 1161 |
the county, less depreciation, computed at the
rate customarily | 1162 |
applied to similar structures; or such general
hospital or | 1163 |
hospital facilities may be leased pursuant to and
upon terms as | 1164 |
provided pursuant to section 140.05 of the Revised
Code, or the | 1165 |
commission may enter into agreements with respect
thereto as | 1166 |
provided in section 140.03 of the Revised Code,
notwithstanding | 1167 |
other provisions of this section. | 1168 |
(C) If the land conveyed under division (B) of this
section | 1169 |
is adjacent to an existing hospital, the county hospital | 1170 |
commission may, at the time of the acceptance of the conveyance
or | 1171 |
the leasing of the proposed hospital facilities, enter into an | 1172 |
agreement with the owner of such existing hospital for the use of | 1173 |
common walls in the construction of the county hospital, or | 1174 |
hospital facilities or rights and interests may be acquired as | 1175 |
provided in division (F) of section 140.05 of the Revised Code. | 1176 |
(D) The county hospital commission may take all steps | 1177 |
necessary for the acquisition or construction, equipment, | 1178 |
enlarging, rebuilding, or other improvement, of hospital | 1179 |
facilities and may request the board of county commissioners to | 1180 |
submit to the electors of the county, in the manner provided in | 1181 |
Chapter 133. of the Revised Code, a bond issue to cover the costs | 1182 |
of hospital facilities, as defined in section 140.01 of the | 1183 |
Revised Code. | 1184 |
(E) If a bond issue provided for above is approved by the | 1185 |
vote of a majority of the electors voting on the issue, the board | 1186 |
of elections for such county shall certify the results of such | 1187 |
election as provided in section 133.18 of the Revised Code, and | 1188 |
the board of county commissioners shall proceed with the | 1189 |
authorization and issuance of the bonds or notes in anticipation | 1190 |
thereof, in the manner provided in Chapter 133. of the Revised | 1191 |
Code for the issuance of bonds and notes by boards of county | 1192 |
commissioners. | 1193 |
(F) The county hospital commission shall take title in the | 1194 |
name of the county to any land conveyed pursuant to this section, | 1195 |
and shall have final approval of all plans and specifications for | 1196 |
the erection and equipping of the hospital facilities
contemplated | 1197 |
in this section. The commission may employ
architects and such | 1198 |
other assistants as may be required in the
construction, including | 1199 |
supervision, and pay the expenses thereof
out of the funds | 1200 |
provided for such hospital facilities. | 1201 |
(I) The county hospital commission has continuing | 1215 |
jurisdiction of the hospital facilities constructed under this | 1216 |
section provided that the lessee corporation shall be solely | 1217 |
responsible for the administration, maintenance, and operation of | 1218 |
the leased facilities including the selection of personnel. In
the | 1219 |
event the lessee corporation fails to administer, maintain,
and | 1220 |
operate the leased hospital facilities as a public general | 1221 |
hospital or hospital facility, in accordance with the terms of
the | 1222 |
agreement, admitting patients without regard to race, creed,
or | 1223 |
color, then, after an opportunity is given by the county
hospital | 1224 |
commission to be heard on written charges, the lease
shall be | 1225 |
terminated by the county hospital commission, with the
consent of | 1226 |
the board of county commissioners, and the control and
management | 1227 |
of the hospital facilities together with all additions
and | 1228 |
equipment shall revert to the county to be operated as
provided by | 1229 |
law. | 1230 |
(K) Upon request of the county hospital commission, the
board | 1234 |
of county commissioners may issue unvoted bonds or notes in | 1235 |
anticipation thereof in the manner provided in Chapter 133. of
the | 1236 |
Revised Code to pay costs of hospital facilities as defined
in | 1237 |
section 140.01 of the Revised Code. The bonds and notes
authorized | 1238 |
by this division shall be issuable only after there
has
been | 1239 |
entered into a lease, pursuant to this section or
section
140.05 | 1240 |
of the Revised Code, of the hospital facilities to
be
financed | 1241 |
thereby providing for rental payments which, together
with rentals | 1242 |
payable under any prior lease available therefor,
shall be at | 1243 |
least sufficient, as to amounts and times of payment,
to provide | 1244 |
funds necessary to cover interest charges on all bonds
authorized | 1245 |
under this division and to provide a sufficient amount
for | 1246 |
retirement or sinking fund to retire such bonds as they
become | 1247 |
due. Such bonds and notes shall not be considered in
ascertaining | 1248 |
the limitations on net indebtedness of section
133.07 of the | 1249 |
Revised Code. No amendment of such lease shall
have the effect of | 1250 |
reducing the rental payments below the amount
required to meet | 1251 |
such interest and bond retirement requirements. | 1252 |
(A)(1) Group or individual insurance contracts which may | 1258 |
include life, sickness, accident, disability, annuities, | 1259 |
endowment, health, medical expense, hospital, dental, surgical
and | 1260 |
related coverage or any combination thereof; | 1261 |
(B) A board of trustees of any county hospital may contract | 1265 |
for,
purchase, or otherwise procure insurance contracts which | 1266 |
provide
protection for the trustees, the board's employees, and | 1267 |
the employees of the hospital against liability,
including | 1268 |
professional liability, provided that this section or
any | 1269 |
insurance contract issued pursuant to this section shall not
be | 1270 |
construed as a waiver of or in any manner affect the immunity
of | 1271 |
the hospital or county. | 1272 |
(C) All or any portion of the cost, premium, fees, or charges | 1273 |
thereforfor the insurance benefits specified in divisions (A) and | 1274 |
(B) of this section may be paid in such manner or combination of | 1275 |
manners as
the board of trustees may determine, including direct | 1276 |
payment by
thean employee, and, if authorized in writing by the | 1277 |
an employee, by
the board of trustees with moneys made available | 1278 |
by deduction
from or reduction in salary or wages or by the | 1279 |
foregoing of a
salary or wage increase. | 1280 |
Sec. 339.17. (A) Sections 140.03 and 140.05 of the
Revised | 1287 |
Code are alternatives to sections 339.02 to 339.13 of the
Revised | 1288 |
Code. Sections 339.02 to 339.14 of
the Revised Code are not | 1289 |
applicable with respect to hospital
facilities and services | 1290 |
provided for under leases or agreements
entered into pursuant to | 1291 |
section 140.03 or 140.05 of the Revised
Code, except to the extent | 1292 |
made applicable by section 140.03 or
140.05 of the Revised Code | 1293 |
and the leases and agreements made
thereunder. | 1294 |
(B) Notwithstanding division (A) of this section, the | 1295 |
requirements of
sectionssection 339.091
and 339.092 of the | 1296 |
Revised Code
apply to an initial agreement with a board of county | 1297 |
commissioners, board of county hospital trustees, or county | 1298 |
hospital commission for the acquisition, operation, or lease of a | 1299 |
county hospital operated by a board of county hospital trustees | 1300 |
under section 339.06 of the Revised Code, entered into pursuant
to | 1301 |
section 140.03 or 140.05 of the Revised Code, but not to any | 1302 |
amendment or renewal of such agreement. | 1303 |
(2)(a) "Breach of the security of the system" means | 1311 |
unauthorized access to and acquisition of computerized data that | 1312 |
compromises the security or confidentiality of personal | 1313 |
information owned or licensed by a state agency or an agency of a | 1314 |
political subdivision and that causes, reasonably is believed to | 1315 |
have caused, or reasonably is believed will cause a material risk | 1316 |
of identity theft or other fraud to the person or property of a | 1317 |
resident of this state. | 1318 |
(3) "Consumer reporting agency that compiles and maintains | 1330 |
files on consumers on a nationwide basis" means a consumer | 1331 |
reporting agency that regularly engages in the practice of | 1332 |
assembling or evaluating, and maintaining, for the purpose of | 1333 |
furnishing consumer reports to third parties bearing on a | 1334 |
consumer's creditworthiness, credit standing, or credit capacity, | 1335 |
each of the following regarding consumers residing nationwide: | 1336 |
(6)(a) "Personal information" means, notwithstanding section | 1344 |
1347.01 of the Revised Code, an individual's name, consisting of | 1345 |
the individual's first name or first initial and last name, in | 1346 |
combination with and linked to any one or more of the following | 1347 |
data elements, when the data elements are not encrypted, redacted, | 1348 |
or altered by any method or technology in such a manner that the | 1349 |
data elements are unreadable: | 1350 |
(11) "System" means, notwithstanding section 1347.01 of the | 1390 |
Revised Code, any collection or group of related records that are | 1391 |
kept in an organized manner, that are maintained by a state agency | 1392 |
or an agency of a political subdivision, and from which personal | 1393 |
information is retrieved by the name of the individual or by some | 1394 |
identifying number, symbol, or other identifier assigned to the | 1395 |
individual. "System" does not include any collected archival | 1396 |
records in the custody of or administered under the authority of | 1397 |
the Ohio historical society, any published directory, any | 1398 |
reference material or newsletter, or any routine information that | 1399 |
is maintained for the purpose of internal office administration of | 1400 |
the agency, if the use of the directory, material, newsletter, or | 1401 |
information would not adversely affect an individual and if there | 1402 |
has been no unauthorized external breach of the directory, | 1403 |
material, newsletter, or information. | 1404 |
(B)(1) Any state agency or agency of a political subdivision | 1405 |
that owns or licenses computerized data that includes personal | 1406 |
information shall disclose any breach of the security of the | 1407 |
system, following its discovery or notification of the breach of | 1408 |
the security of the system, to any resident of this state whose | 1409 |
personal information was, or reasonably is believed to have been, | 1410 |
accessed and acquired by an unauthorized person if the access and | 1411 |
acquisition by the unauthorized person causes or reasonably is | 1412 |
believed will cause a material risk of identity theft or other | 1413 |
fraud to the resident. The disclosure described in this division | 1414 |
may be made pursuant to any provision of a contract entered into | 1415 |
by the state agency or agency of a political subdivision with any | 1416 |
person or another state agency or agency of a political | 1417 |
subdivision prior to the date the breach of the security of the | 1418 |
system occurred if that contract does not conflict with any | 1419 |
provision of this section. For purposes of this section, a | 1420 |
resident of this state is an individual whose principal mailing | 1421 |
address as reflected in the records of the state agency or agency | 1422 |
of a political subdivision is in this state. | 1423 |
(2) The state agency or agency of a political subdivision | 1424 |
shall make the disclosure described in division (B)(1) of this | 1425 |
section in the most expedient time possible but not later than | 1426 |
forty-five days following its discovery or notification of the | 1427 |
breach in the security of the system, subject to the legitimate | 1428 |
needs of law enforcement activities described in division (D) of | 1429 |
this section and consistent with any measures necessary to | 1430 |
determine the scope of the breach, including which residents' | 1431 |
personal information was accessed and acquired, and to restore the | 1432 |
reasonable integrity of the data system. | 1433 |
(C) Any state agency or agency of a political subdivision | 1434 |
that, on behalf of or at the direction of another state agency or | 1435 |
agency of a political subdivision, is the custodian of or stores | 1436 |
computerized data that includes personal information shall notify | 1437 |
that other state agency or agency of a political subdivision of | 1438 |
any breach of the security of the system in an expeditious manner, | 1439 |
if the personal information was, or reasonably is believed to have | 1440 |
been, accessed and acquired by an unauthorized person and if the | 1441 |
access and acquisition by the unauthorized person causes or | 1442 |
reasonably is believed will cause a material risk of identity | 1443 |
theft or other fraud to a resident of this state. | 1444 |
(D) The state agency or agency of a political subdivision may | 1445 |
delay the disclosure or notification required by division (B), | 1446 |
(C), or (F) of this section if a law enforcement agency determines | 1447 |
that the disclosure or notification will impede a criminal | 1448 |
investigation or jeopardize homeland or national security, in | 1449 |
which case, the state agency or agency of a political subdivision | 1450 |
shall make the disclosure or notification after the law | 1451 |
enforcement agency determines that disclosure or notification will | 1452 |
not compromise the investigation or jeopardize homeland or | 1453 |
national security. | 1454 |
(4) Substitute notice in accordance with this division, if | 1464 |
the state agency or agency of a political subdivision required to | 1465 |
disclose demonstrates that the agency does not have sufficient | 1466 |
contact information to provide notice in a manner described in | 1467 |
division (E)(1), (2), or (3) of this section, or that the cost of | 1468 |
providing disclosure or notice to residents to whom disclosure or | 1469 |
notification is required would exceed two hundred fifty thousand | 1470 |
dollars, or that the affected class of subject residents to whom | 1471 |
disclosure or notification is required exceeds five hundred | 1472 |
thousand persons. Substitute notice under this division shall | 1473 |
consist of all of the following: | 1474 |
(F) If a state agency or agency of a political subdivision | 1504 |
discovers circumstances that require disclosure under this section | 1505 |
to more than one thousand residents of this state involved in a | 1506 |
single occurrence of a breach of the security of the system, the | 1507 |
state agency or agency of a political subdivision shall notify, | 1508 |
without unreasonable delay, all consumer reporting agencies that | 1509 |
compile and maintain files on consumers on a nationwide basis of | 1510 |
the timing, distribution, and content of the disclosure given by | 1511 |
the state agency or agency of a political subdivision to the | 1512 |
residents of this state. In no case shall a state agency or agency | 1513 |
of a political subdivision that is required to make a notification | 1514 |
required by this division delay any disclosure or notification | 1515 |
required by division (B) or (C) of this section in order to make | 1516 |
the notification required by this division. | 1517 |
(1)(a) "Breach of the security of the system" means | 1524 |
unauthorized access to and acquisition of computerized data that | 1525 |
compromises the security or confidentiality of personal | 1526 |
information owned or licensed by a person and that causes, | 1527 |
reasonably is believed to have caused, or reasonably is believed | 1528 |
will cause a material risk of identity theft or other fraud to the | 1529 |
person or property of a resident of this state. | 1530 |
(2) "Business entity" means a sole proprietorship, | 1541 |
partnership, corporation, association, or other group, however | 1542 |
organized and whether operating for profit or not for profit, | 1543 |
including a financial institution organized, chartered, or holding | 1544 |
a license authorizing operation under the laws of this state, any | 1545 |
other state, the United States, or any other country, or the | 1546 |
parent or subsidiary of a financial institution. | 1547 |
(3) "Consumer reporting agency that compiles and maintains | 1548 |
files on consumers on a nationwide basis" means a consumer | 1549 |
reporting agency that regularly engages in the practice of | 1550 |
assembling or evaluating, and maintaining, for the purpose of | 1551 |
furnishing consumer reports to third parties bearing on a | 1552 |
consumer's creditworthiness, credit standing, or credit capacity, | 1553 |
each of the following regarding consumers residing nationwide: | 1554 |
(7)(a) "Personal information" means an individual's name, | 1565 |
consisting of the individual's first name or first initial and | 1566 |
last name, in combination with and linked to any one or more of | 1567 |
the following data elements, when the data elements are not | 1568 |
encrypted, redacted, or altered by any method or technology in | 1569 |
such a manner that the data elements are unreadable: | 1570 |
(10) "System" means any collection or group of related | 1604 |
records that are kept in an organized manner, that are maintained | 1605 |
by a person, and from which personal information is retrieved by | 1606 |
the name of the individual or by some identifying number, symbol, | 1607 |
or other identifier assigned to the individual. "System" does not | 1608 |
include any published directory, any reference material or | 1609 |
newsletter, or any routine information that is maintained for the | 1610 |
purpose of internal office administration of the person, if the | 1611 |
use of the directory, material, newsletter, or information would | 1612 |
not adversely affect an individual, and there has been no | 1613 |
unauthorized external breach of the directory, material, | 1614 |
newsletter, or information. | 1615 |
(B)(1) Any person that owns or licenses computerized data | 1616 |
that includes personal information shall disclose any breach of | 1617 |
the security of the system, following its discovery or | 1618 |
notification of the breach of the security of the system, to any | 1619 |
resident of this state whose personal information was, or | 1620 |
reasonably is believed to have been, accessed and acquired by an | 1621 |
unauthorized person if the access and acquisition by the | 1622 |
unauthorized person causes or reasonably is believed will cause a | 1623 |
material risk of identity theft or other fraud to the resident. | 1624 |
The disclosure described in this division may be made pursuant to | 1625 |
any provision of a contract entered into by the person with | 1626 |
another person prior to the date the breach of the security of the | 1627 |
system occurred if that contract does not conflict with any | 1628 |
provision of this section and does not waive any provision of this | 1629 |
section. For purposes of this section, a resident of this state is | 1630 |
an individual whose principal mailing address as reflected in the | 1631 |
records of the person is in this state. | 1632 |
(2) The person shall make the disclosure described in | 1633 |
division (B)(1) of this section in the most expedient time | 1634 |
possible but not later than forty-five days following its | 1635 |
discovery or notification of the breach in the security of the | 1636 |
system, subject to the legitimate needs of law enforcement | 1637 |
activities described in division (D) of this section and | 1638 |
consistent with any measures necessary to determine the scope of | 1639 |
the breach, including which residents' personal information was | 1640 |
accessed and acquired, and to restore the reasonable integrity of | 1641 |
the data system. | 1642 |
(C) Any person that, on behalf of or at the direction of | 1643 |
another person or on behalf of or at the direction of any | 1644 |
governmental entity, is the custodian of or stores computerized | 1645 |
data that includes personal information shall notify that other | 1646 |
person or governmental entity of any breach of the security of the | 1647 |
system in an expeditious manner, if the personal information was, | 1648 |
or reasonably is believed to have been, accessed and acquired by | 1649 |
an unauthorized person and if the access and acquisition by the | 1650 |
unauthorized person causes or reasonably is believed will cause a | 1651 |
material risk of identity theft or other fraud to a resident of | 1652 |
this state. | 1653 |
(D) The person may delay the disclosure or notification | 1654 |
required by division (B), (C), or (G) of this section if a law | 1655 |
enforcement agency determines that the disclosure or notification | 1656 |
will impede a criminal investigation or jeopardize homeland or | 1657 |
national security, in which case, the person shall make the | 1658 |
disclosure or notification after the law enforcement agency | 1659 |
determines that disclosure or notification will not compromise the | 1660 |
investigation or jeopardize homeland or national security. | 1661 |
(4) Substitute notice in accordance with this division, if | 1669 |
the person required to disclose demonstrates that the person does | 1670 |
not have sufficient contact information to provide notice in a | 1671 |
manner described in division (E)(1), (2), or (3) of this section, | 1672 |
or that the cost of providing disclosure or notice to residents to | 1673 |
whom disclosure or notification is required would exceed two | 1674 |
hundred fifty thousand dollars, or that the affected class of | 1675 |
subject residents to whom disclosure or notification is required | 1676 |
exceeds five hundred thousand persons. Substitute notice under | 1677 |
this division shall consist of all of the following: | 1678 |
(F)(1) A financial institution, trust company, or credit | 1704 |
union or any affiliate of a financial institution, trust company, | 1705 |
or credit union that is required by federal law, including, but | 1706 |
not limited to, any federal statute, regulation, regulatory | 1707 |
guidance, or other regulatory action, to notify its customers of | 1708 |
an information security breach with respect to information about | 1709 |
those customers and that is subject to examination by its | 1710 |
functional government regulatory agency for compliance with the | 1711 |
applicable federal law, is exempt from the requirements of this | 1712 |
section. | 1713 |
(G) If a person discovers circumstances that require | 1720 |
disclosure under this section to more than one thousand residents | 1721 |
of this state involved in a single occurrence of a breach of the | 1722 |
security of the system, the person shall notify, without | 1723 |
unreasonable delay, all consumer reporting agencies that compile | 1724 |
and maintain files on consumers on a nationwide basis of the | 1725 |
timing, distribution, and content of the disclosure given by the | 1726 |
person to the residents of this state. In no case shall a person | 1727 |
that is required to make a notification required by this division | 1728 |
delay any disclosure or notification required by division (B) or | 1729 |
(C) of this section in order to make the notification required by | 1730 |
this division. | 1731 |
(F)
"The practice of nursing as a licensed practical
nurse" | 1769 |
means providing to individuals and groups nursing care
requiring | 1770 |
the application of basic knowledge of the biological,
physical, | 1771 |
behavioral, social, and nursing sciences at the
direction of a | 1772 |
licensed physician, dentist, podiatrist,
optometrist, | 1773 |
chiropractor, or registered nurse. Such nursing
care includes: | 1774 |
(3) Administration of medications and treatments
authorized | 1779 |
by an individual who is
authorized to practice in this state and | 1780 |
is acting within the course of the
individual's professional | 1781 |
practice, except that administration of
intravenous therapy shall | 1782 |
be performed only in accordance with section
4723.17 or 4723.171 | 1783 |
of the Revised Code. Medications may be administered by a
licensed | 1784 |
practical nurse upon proof of completion of a course in
medication | 1785 |
administration approved by the board of nursing. | 1786 |
(1) In the case of a clinical nurse specialist, except
as | 1824 |
provided in division (L)(3) of this section, or a
certified nurse | 1825 |
practitioner, that one or more podiatrists acting
within the scope | 1826 |
of
practice of podiatry in accordance with section 4731.51 of the | 1827 |
Revised Code and with whom the nurse has entered into a
standard | 1828 |
care arrangement or one or more physicians
with whom the nurse has | 1829 |
entered into a
standard care arrangement are continuously | 1830 |
available to communicate with the clinical nurse specialist or | 1831 |
certified nurse practitioner either in person or by radio, | 1832 |
telephone, or
other form of telecommunication; | 1833 |
(M)
"Supervision," as it pertains to a certified
registered | 1845 |
nurse
anesthetist, means that the certified
registered nurse | 1846 |
anesthetist is under the direction of a podiatrist acting
within | 1847 |
the podiatrist's scope of practice in accordance with section | 1848 |
4731.51
of the Revised
Code, a dentist acting within the dentist's | 1849 |
scope of practice in accordance with Chapter
4715. of the Revised | 1850 |
Code, or a physician, and, when administering
anesthesia, the | 1851 |
certified registered nurse anesthetist is in the immediate | 1852 |
presence of the podiatrist, dentist, or physician. | 1853 |
(2) The individual is engaging in the practice of nursing as | 1923 |
an employee
of an individual, agency, or corporation located in | 1924 |
the other
jurisdiction in a position with employment | 1925 |
responsibilities
that include transporting patients into, out of, | 1926 |
or through this
state, as long as each trip in this state does not | 1927 |
exceed seventy-two
hours; | 1928 |
Section 2. That existing sections 133.07, 140.03, 140.05, | 1956 |
325.19, 339.01, 339.02,
339.03, 339.06, 339.09, 339.091, 339.14, | 1957 |
339.16,
339.17, 1347.12, 1349.19, 4723.01, and 4723.32 and | 1958 |
section
339.092 of the Revised Code are hereby
repealed. | 1959 |