(A) An attorney, concerning a communication made to the | 15 |
attorney by a client in that relation or the
attorney's advice to | 16 |
a client, except
that the attorney may testify by express consent | 17 |
of the client
or, if the client is deceased, by the express | 18 |
consent of the
surviving spouse or the executor or administrator | 19 |
of the estate
of the deceased client and except that, if the | 20 |
client voluntarily
testifies or is deemed by section 2151.421 of | 21 |
the Revised Code to
have waived any testimonial privilege under | 22 |
this division, the
attorney may be compelled to testify on the | 23 |
same subject; | 24 |
(B)(1) A physician or a dentist concerning a communication | 25 |
made to the physician or dentist by a patient in that relation or | 26 |
the
physician's or dentist's advice to a
patient, except as | 27 |
otherwise provided in this division, division (B)(2), and
division | 28 |
(B)(3) of this section, and except that, if the patient
is deemed | 29 |
by section 2151.421 of the Revised Code to have waived
any | 30 |
testimonial privilege under this division, the physician may
be | 31 |
compelled to testify on the same subject. | 32 |
(iii) If a medical claim, dental claim, chiropractic
claim, | 45 |
or optometric claim, as defined in section 2305.113 of the
Revised | 46 |
Code, an action for wrongful death, any other type of
civil | 47 |
action, or a claim under Chapter 4123. of the Revised Code
is | 48 |
filed by the patient, the personal representative of the
estate of | 49 |
the patient if deceased, or the patient's guardian
or other legal | 50 |
representative. | 51 |
(b) In any civil action concerning court-ordered treatment
or | 52 |
services
received by a patient, if the court-ordered treatment
or | 53 |
services were ordered
as part of a case plan journalized under | 54 |
section 2151.412 of the Revised Code or the
court-ordered | 55 |
treatment or services are necessary or relevant to dependency, | 56 |
neglect, or abuse or temporary or permanent custody proceedings | 57 |
under
Chapter 2151. of the Revised Code. | 58 |
(d) In any criminal action against a physician
or dentist.
In | 64 |
such an action, the testimonial privilege
established under
this | 65 |
division does not prohibit the admission
into evidence, in | 66 |
accordance with the
Rules of
Evidence, of a patient's
medical or | 67 |
dental records or other communications between a
patient and the | 68 |
physician or dentist that are related to the
action and obtained | 69 |
by subpoena, search warrant, or other lawful
means. A court that | 70 |
permits or compels a physician or dentist
to testify in such an | 71 |
action or permits the introduction into
evidence of patient | 72 |
records or other communications in such an
action shall require | 73 |
that appropriate measures be taken to
ensure that the | 74 |
confidentiality of any patient named or
otherwise identified in | 75 |
the records is maintained. Measures to
ensure confidentiality
that | 76 |
may be taken by the court include
sealing its records or
deleting | 77 |
specific information from its
records. | 78 |
(ii) A party to the will contest action requests the | 82 |
testimony, demonstrates to the court that that
party would be an | 83 |
heir
of the patient if the patient died without
a will, is a | 84 |
beneficiary under the will that is the subject of the
will contest | 85 |
action, or is a beneficiary under another
testamentary document | 86 |
allegedly executed by the patient, and demonstrates to the court | 87 |
that the testimony is necessary to establish the party's rights as | 88 |
described in this division. | 89 |
(2)(a) If any law enforcement officer submits a written | 90 |
statement to a health
care provider that states that an official | 91 |
criminal investigation has begun
regarding a specified person or | 92 |
that a criminal action or proceeding has been
commenced against a | 93 |
specified person, that requests the provider to supply to
the | 94 |
officer copies of any records the provider possesses that pertain | 95 |
to any
test or the results of any test administered to the | 96 |
specified person to
determine the presence or concentration of | 97 |
alcohol, a drug of abuse, or alcohol
and a drug of abuse in the | 98 |
person's blood, breath, or urine at any time
relevant to the | 99 |
criminal offense in question, and that conforms to section | 100 |
2317.022 of the Revised Code, the provider, except to the extent | 101 |
specifically
prohibited by any law of this state or of the United | 102 |
States, shall supply to
the officer a copy of any of the requested | 103 |
records the provider possesses. If
the health care provider does | 104 |
not possess any of the requested records, the
provider shall give | 105 |
the officer a written statement that indicates that the
provider | 106 |
does not possess any of the requested records. | 107 |
(b) If a health care provider possesses any records of the | 108 |
type described in
division (B)(2)(a) of this section regarding the | 109 |
person in question at any
time relevant to the criminal offense in | 110 |
question, in lieu of personally
testifying as to the results of | 111 |
the test in question, the custodian of the
records may submit a | 112 |
certified copy of the records, and, upon its submission,
the | 113 |
certified copy is qualified as authentic evidence and may be | 114 |
admitted as
evidence in accordance with the Rules of Evidence. | 115 |
Division (A) of section
2317.422 of the Revised Code does not | 116 |
apply to any certified copy of records
submitted in accordance | 117 |
with this division. Nothing in this division shall be
construed
to | 118 |
limit the right of any party to call as a witness the person
who | 119 |
administered the test to which the records pertain, the person | 120 |
under whose
supervision the test was administered, the custodian | 121 |
of the records, the
person who made the records, or the person | 122 |
under whose supervision the records
were made. | 123 |
(3)(a) If the testimonial privilege described in division | 124 |
(B)(1) of this section does not apply as provided in division | 125 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 126 |
compelled to testify or to submit to discovery under the Rules of | 127 |
Civil Procedure only as to a communication made to the physician | 128 |
or dentist by the patient in question in that relation, or the | 129 |
physician's or
dentist's advice to the
patient in question, that | 130 |
related causally or historically to
physical or mental injuries | 131 |
that are relevant to issues in the
medical claim, dental claim, | 132 |
chiropractic claim, or optometric
claim, action for wrongful | 133 |
death, other civil action, or claim
under Chapter 4123. of the | 134 |
Revised Code. | 135 |
(b) If the testimonial privilege described in division
(B)(1) | 136 |
of this section
does not apply to a physician or dentist as | 137 |
provided in division
(B)(1)(c) of
this section, the physician or | 138 |
dentist, in lieu of personally testifying as to
the results of the | 139 |
test in question, may submit a certified copy of those
results, | 140 |
and, upon its submission, the certified copy is qualified as | 141 |
authentic
evidence and may be admitted as evidence in accordance | 142 |
with the Rules of
Evidence. Division (A) of section 2317.422 of | 143 |
the Revised Code does not apply
to any certified copy of results | 144 |
submitted in accordance with this division.
Nothing in this | 145 |
division shall be construed to limit the right of any party to | 146 |
call as a witness the person who administered the test in | 147 |
question, the person
under whose supervision the test was | 148 |
administered, the custodian of the
results
of the test, the person | 149 |
who compiled the results, or the person under whose
supervision | 150 |
the results were compiled. | 151 |
(c) If the testimonial privilege described in division (B)(1) | 152 |
of this section does not apply as provided in division (B)(1)(e) | 153 |
of this section, a physician or dentist may be compelled to | 154 |
testify or to submit to discovery in the will contest action under | 155 |
sections 2107.71 to 2107.77 of the Revised Code only as to the | 156 |
patient in question on issues relevant to the competency of the | 157 |
patient at the time of the execution of the will. Testimony or | 158 |
discovery conducted pursuant to this division shall be conducted | 159 |
in accordance with the Rules of Civil Procedure. | 160 |
(5)(a) As used in divisions (B)(1) to (4) of this
section, | 166 |
"communication" means acquiring, recording, or transmitting any | 167 |
information, in any manner, concerning any facts, opinions, or | 168 |
statements necessary to enable a physician or dentist to
diagnose, | 169 |
treat, prescribe, or act for a patient. A
"communication" may | 170 |
include, but is not limited to, any medical
or dental, office, or | 171 |
hospital communication such as a record,
chart, letter, | 172 |
memorandum, laboratory test and results, x-ray,
photograph, | 173 |
financial statement, diagnosis, or prognosis. | 174 |
(i)
"Ambulatory care facility" means a facility that
provides | 180 |
medical, diagnostic, or surgical treatment to patients
who do not | 181 |
require hospitalization, including a dialysis center,
ambulatory | 182 |
surgical facility, cardiac catheterization facility,
diagnostic | 183 |
imaging center, extracorporeal shock wave lithotripsy
center, home | 184 |
health agency, inpatient hospice, birthing center,
radiation | 185 |
therapy center, emergency facility, and an urgent care
center. | 186 |
"Ambulatory health care facility" does not include the
private | 187 |
office of a physician or dentist, whether the office is
for an | 188 |
individual or group practice. | 189 |
(v)
"Long-term care facility" means a nursing home, | 197 |
residential care facility, or home
for the aging,
as those terms | 198 |
are defined in section 3721.01 of the Revised Code; an adult care | 199 |
facility, as defined in section 3722.01
of the Revised Code; a | 200 |
nursing facility or intermediate care facility for the mentally | 201 |
retarded, as those terms are defined in section 5111.20 of the | 202 |
Revised Code; a facility or portion of a facility certified as a | 203 |
skilled nursing facility under Title XVIII of the
"Social
Security | 204 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 205 |
(7) Nothing in divisions (B)(1) to (6)
of this section | 211 |
affects, or shall be construed as affecting, the immunity from | 212 |
civil liability conferred by section 307.628 or 2305.33 of the | 213 |
Revised Code
upon physicians who report an employee's use of a | 214 |
drug of abuse,
or a condition of an employee other than one | 215 |
involving the use of
a drug of abuse, to the employer of the | 216 |
employee in accordance
with division (B) of that section. As used | 217 |
in division
(B)(7) of this section,
"employee,"
"employer," and | 218 |
"physician" have the same meanings as
in section 2305.33 of the | 219 |
Revised Code. | 220 |
(C) A member of the clergy, rabbi, priest, or regularly | 221 |
ordained,
accredited, or licensed minister of an established and | 222 |
legally
cognizable church, denomination, or sect, when the member | 223 |
of
the clergy,
rabbi, priest, or minister remains accountable to | 224 |
the authority
of that church, denomination, or sect, concerning a | 225 |
confession
made, or any information confidentially communicated, | 226 |
to the
member of the clergy, rabbi, priest, or minister for
a | 227 |
religious counseling purpose in the
member of the clergy's, | 228 |
rabbi's,
priest's, or minister's professional character;
however, | 229 |
the member of the clergy, rabbi, priest, or
minister
may testify | 230 |
by
express consent of the person making the communication, except | 231 |
when the disclosure of the information is in violation of a sacred | 232 |
trust; | 233 |
(F) A person who, if a party, would be restricted
under | 243 |
section 2317.03 of the Revised Code, when the
property or thing is | 244 |
sold or transferred by an executor,
administrator, guardian, | 245 |
trustee, heir, devisee, or legatee,
shall be restricted in the | 246 |
same manner in any action or
proceeding concerning the property or | 247 |
thing. | 248 |
(G)(1) A school guidance counselor who holds a valid
educator | 249 |
license from the state board of education as
provided for
in | 250 |
section 3319.22 of the Revised Code, a person
licensed under | 251 |
Chapter 4757. of the Revised Code
as a professional clinical | 252 |
counselor, professional counselor,
social worker, independent | 253 |
social worker, marriage and family therapist or independent | 254 |
marriage and family therapist, or registered under Chapter 4757. | 255 |
of the Revised
Code as a
social work assistant concerning a | 256 |
confidential
communication received from a
client in that relation | 257 |
or
the
person's advice to a client unless any of
the following | 258 |
applies: | 259 |
(H) A mediator acting under a mediation order issued under | 293 |
division (A) of section 3109.052 of the Revised Code or otherwise | 294 |
issued in any proceeding for divorce, dissolution, legal | 295 |
separation, annulment, or the allocation of parental rights and | 296 |
responsibilities for the care of children, in any action or | 297 |
proceeding, other than a criminal, delinquency, child abuse,
child | 298 |
neglect, or dependent child action or proceeding, that is
brought | 299 |
by or against either parent who takes part in mediation
in | 300 |
accordance with the order and that pertains to the mediation | 301 |
process, to any information discussed or presented in the | 302 |
mediation process, to the allocation of parental rights and | 303 |
responsibilities for the care of the parents' children, or to the | 304 |
awarding of parenting time rights in relation to their children; | 305 |
(I) A communications assistant, acting within the scope of | 306 |
the communication assistant's authority, when providing | 307 |
telecommunications relay service
pursuant to section 4931.35 of | 308 |
the Revised Code or Title II of
the
"Communications Act of 1934," | 309 |
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 310 |
made through a telecommunications
relay service.
Nothing in this | 311 |
section shall limit the obligation of a
communications assistant | 312 |
to divulge information or testify when mandated by
federal law or | 313 |
regulation or pursuant to subpoena in a criminal proceeding. | 314 |
(J)(1) A chiropractor in a civil proceeding concerning a | 317 |
communication made to the chiropractor by a patient in that | 318 |
relation or the
chiropractor's advice to a patient, except as | 319 |
otherwise provided in this
division. The testimonial privilege | 320 |
established under this division does not
apply, and a chiropractor | 321 |
may testify or may be compelled
to testify, in any civil action, | 322 |
in accordance with the discovery
provisions of the Rules of Civil | 323 |
Procedure in
connection with a
civil action, or in connection with | 324 |
a claim under Chapter 4123.
of the Revised Code, under any of the | 325 |
following
circumstances: | 326 |
(c) If a medical claim, dental claim, chiropractic
claim, or | 332 |
optometric claim, as defined in section 2305.113 of the
Revised | 333 |
Code, an action for wrongful death, any other type
of
civil | 334 |
action, or a claim under Chapter 4123. of the Revised
Code
is | 335 |
filed by the patient, the personal representative of the
estate of | 336 |
the patient if deceased, or the patient's guardian
or other legal | 337 |
representative. | 338 |
(2) If the testimonial privilege described in division
(J)(1) | 339 |
of this section does not apply as provided in division
(J)(1)(c) | 340 |
of this section, a chiropractor may be
compelled to
testify or to | 341 |
submit to discovery under the Rules of
Civil
Procedure only as to | 342 |
a communication made to the
chiropractor by
the patient in | 343 |
question in that relation, or the
chiropractor's
advice to the | 344 |
patient in question, that related causally or
historically to | 345 |
physical or mental injuries that are relevant to
issues in the | 346 |
medical claim, dental claim, chiropractic claim, or
optometric | 347 |
claim, action for wrongful death, other civil action,
or claim | 348 |
under Chapter 4123. of the Revised Code. | 349 |
(4) As used in this division,
"communication" means | 353 |
acquiring,
recording, or transmitting any information, in any | 354 |
manner, concerning
any facts, opinions, or statements necessary to | 355 |
enable a chiropractor to
diagnose, treat, or act for a
patient.
A | 356 |
communication may
include, but is not limited to, any | 357 |
chiropractic, office, or
hospital communication such as a record, | 358 |
chart, letter,
memorandum, laboratory test and results, x-ray, | 359 |
photograph,
financial statement, diagnosis, or prognosis. | 360 |
(a) Serve written notice upon the other party of the
proposed | 461 |
termination, modification, or successor agreement. The
party must | 462 |
serve the notice not less than sixty days prior to the
expiration | 463 |
date of the existing agreement or, in the event the
existing | 464 |
collective bargaining agreement does not contain an
expiration | 465 |
date, not less than sixty days prior to the time it is
proposed to | 466 |
make the termination or modifications or to make
effective a | 467 |
successor agreement. | 468 |
(2) In the case of initial negotiations between a public | 476 |
employer and an exclusive representative, where a collective | 477 |
bargaining agreement has not been in effect between the parties, | 478 |
any party may serve notice upon the board and the other party | 479 |
setting forth the names and addresses of the parties and offering | 480 |
to meet, for a period of ninety days, with the other party for
the | 481 |
purpose of negotiating a collective bargaining agreement. | 482 |
If the settlement procedures specified in divisions (B),
(C), | 483 |
and (D) of this section govern the parties, where those
procedures | 484 |
refer to the expiration of a collective bargaining
agreement, it | 485 |
means the expiration of the sixty-day period to
negotiate a | 486 |
collective bargaining agreement referred to in this
subdivision, | 487 |
or in the case of initial negotiations, it means the
ninety day | 488 |
period referred to in this subdivision. | 489 |
(e) Settlement by a citizens' conciliation council
composed | 515 |
of three residents within the jurisdiction of the public
employer. | 516 |
The public employer shall select one member and the
exclusive | 517 |
representative shall select one member. The two
members selected | 518 |
shall select the third member who shall chair
the council. If the | 519 |
two members cannot agree upon a third member
within five days | 520 |
after their appointments, the board shall
appoint the third | 521 |
member. Once appointed, the council shall make
a final settlement | 522 |
of the issues submitted to it pursuant to
division (G) of this | 523 |
section. | 524 |
(2) If, fifty days before the expiration date of the | 527 |
collective bargaining agreement, the parties are unable to reach | 528 |
an agreement, any party may request the state employment
relations | 529 |
board to intervene. The request shall set forth the
names and | 530 |
addresses of the parties, the issues involved, and, if
applicable, | 531 |
the expiration date of any agreement. | 532 |
(3) Any time after the appointment of a mediator, either | 540 |
party may request the appointment of a fact-finding panel. Within | 541 |
fifteen days after receipt of a request for a fact-finding panel, | 542 |
the
board shall appoint a fact-finding
panel of not
more than | 543 |
three members who have been selected by
the parties in
accordance | 544 |
with rules established by the board,
from a list of
qualified | 545 |
persons maintained by the board. | 546 |
(a) The fact-finding panel shall, in accordance with rules | 547 |
and procedures established by the board that include the | 548 |
regulation of costs and expenses of fact-finding, gather facts
and | 549 |
make recommendations for the resolution of the matter. The
board | 550 |
shall by its rules require each party to specify in writing
the | 551 |
unresolved issues and its position on each issue to the | 552 |
fact-finding panel. The fact-finding panel shall make final | 553 |
recommendations as to all the unresolved issues. | 554 |
(5) The fact-finding panel, acting by a majority of its | 576 |
members, shall transmit its findings of fact and recommendations | 577 |
on the unresolved issues to the public employer and employee | 578 |
organization involved and to the board no later than fourteen
days | 579 |
after the appointment of the fact-finding panel, unless the | 580 |
parties mutually agree to an extension. The parties shall share | 581 |
the cost of the fact-finding panel in a manner agreed to by the | 582 |
parties. | 583 |
(6)(a)(a) Not later than seven days after the findings and | 584 |
recommendations are sent, the legislative body, by a three-fifths | 585 |
vote of its total membership, and in the case of the public | 586 |
employee organization, the membership, by a three-fifths vote of | 587 |
the total membership, may reject the recommendations; if neither | 588 |
rejects the recommendations, the recommendations shall be deemed | 589 |
agreed upon as the final resolution of the issues submitted and a | 590 |
collective bargaining agreement shall be executed between the | 591 |
parties, including the fact-finding panel's recommendations, | 592 |
except as otherwise modified by the parties by mutual agreement. | 593 |
If either the legislative body or the public employee
organization | 594 |
rejects the recommendations, the board shall
publicize the | 595 |
findings of fact and recommendations of the
fact-finding panel. | 596 |
The board shall adopt rules governing the
procedures and methods | 597 |
for public employees to vote on the
recommendations of the | 598 |
fact-finding panel. | 599 |
(b) As used in division (C)(6)(a) of this section, | 600 |
"legislative body" means the controlling board when the state or | 601 |
any of its agencies, authorities, commissions, boards, or other | 602 |
branch of public employment is party to the fact-finding process. | 603 |
(b) As used in division (C)(6)(a) of this section, "legislative | 604 |
body" means the controlling board when the state or any of its | 605 |
agencies, authorities, commissions, boards, or other branch of | 606 |
public employment is party to the fact-finding process. | 607 |
(1) Public employees, who are members of a police or fire | 612 |
department, members of the state highway patrol, deputy sheriffs, | 613 |
dispatchers employed by a police, fire or sheriff's department or | 614 |
the state highway patrol or civilian dispatchers employed by a | 615 |
public employer other than a police, fire, or sheriff's
department | 616 |
to dispatch police, fire, sheriff's department, or
emergency | 617 |
medical or rescue personnel and units, an exclusive
nurse's unit, | 618 |
employees of the state school for the deaf or the
state school for | 619 |
the blind, employees of any public employee
retirement system, | 620 |
corrections officers, guards at penal or
mental institutions, | 621 |
special police officers appointed
in accordance with sections | 622 |
5119.14 and 5123.13 of the Revised
Code, psychiatric attendants | 623 |
employed at mental health forensic
facilities, or youth leaders | 624 |
employed at juvenile correctional
facilities, shall submit the | 625 |
matter to a final offer settlement
procedure pursuant to a board | 626 |
order issued forthwith to the
parties to settle by a conciliator | 627 |
selected by the parties. The
parties shall request from the board | 628 |
a list of five qualified
conciliators and the parties shall select | 629 |
a single conciliator
from the list by alternate striking of names. | 630 |
If the parties
cannot agree upon a conciliator within five days | 631 |
after the board
order, the board shall on the sixth day after its | 632 |
order appoint a
conciliator from a list of qualified persons | 633 |
maintained by the
board or shall request a list of qualified | 634 |
conciliators from the
American arbitration association and appoint | 635 |
therefrom. | 636 |
(2) Public employees other than those listed in division | 637 |
(D)(1) of this section have the right to strike under Chapter | 638 |
4117. of the Revised Code provided that the employee organization | 639 |
representing the employees has given a ten-day prior written | 640 |
notice of an intent to strike to the public employer and to the | 641 |
board, and further provided that the strike is for full, | 642 |
consecutive
work days and the beginning date of the strike is at | 643 |
least ten work days after
the ending date of the most recent prior | 644 |
strike involving the same bargaining
unit; however, the board, at | 645 |
its discretion, may attempt
mediation at any time. | 646 |
(E) Nothing in this section shall be construed to prohibit | 647 |
the parties, at any time, from voluntarily agreeing to submit any | 648 |
or all of the issues in dispute to any other alternative dispute | 649 |
settlement procedure. An agreement or statutory requirement to | 650 |
arbitrate or to settle a dispute pursuant to a final offer | 651 |
settlement procedure and the award issued in accordance with the | 652 |
agreement or statutory requirement is enforceable in the same | 653 |
manner as specified in division (B) of section 4117.09 of the | 654 |
Revised Code. | 655 |
(3) The conciliator shall conduct the hearing pursuant to | 671 |
rules developed by the board. The conciliator shall establish the | 672 |
hearing
time and place, but it shall be, where feasible, within | 673 |
the jurisdiction of
the state. Not later than five calendar days | 674 |
before the hearing, each of the
parties shall submit to the | 675 |
conciliator, to the opposing party, and to the board, a written | 676 |
report summarizing the unresolved issues, the party's final offer | 677 |
as to the issues, and the rationale for that position. | 678 |
(f) Such other factors, not confined to those listed in
this | 704 |
section, which are normally or traditionally taken into | 705 |
consideration in the determination of the issues submitted to | 706 |
final offer settlement through voluntary collective bargaining, | 707 |
mediation, fact-finding, or other impasse resolution procedures
in | 708 |
the public service or in private employment. | 709 |
(11) Increases in rates of compensation and other matters | 719 |
with cost implications awarded by the conciliator may be
effective | 720 |
only at the start of the fiscal year next commencing
after the | 721 |
date of the final offer settlement award; provided that
if a new | 722 |
fiscal year has commenced since the issuance of the
board order to | 723 |
submit to a final offer settlement procedure, the
awarded | 724 |
increases may be retroactive to the commencement of the
new fiscal | 725 |
year. The parties may, at any time, amend or modify a | 726 |
conciliator's award or order by mutual agreement. | 727 |
Section 3. Section 2317.02 of the Revised Code is presented | 746 |
in
this act as a composite of the section as amended by Am. Sub. | 747 |
H.B. 374, Am. H.B. 533, and Am. Sub. S.B. 281, all of
the 124th | 748 |
General Assembly. The General Assembly, applying the
principle | 749 |
stated in division (B) of section 1.52 of the Revised
Code that | 750 |
amendments are to be harmonized if reasonably capable of | 751 |
simultaneous operation, finds that the composite is the resulting | 752 |
version of the section in effect prior to the effective date of | 753 |
the section as presented in this act. | 754 |