As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 284

Representative Brinkman 

Cosponsor: Representative Adams 

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A BILL

To amend sections 124.85, 149.43, 2151.421, 2305.11,

1

2307.52, 2307.53, 2317.56, 2505.02, 2901.01,

2

2903.09, 2919.12, 2919.123, 2919.13, 2919.14,

3

2919.24, 2950.03, 3701.341, 4112.01, 4731.22,

4

4731.91, and 5101.55 and to repeal sections

5

2151.85, 2505.073, 2919.121, 2919.122, 2919.151,

6

2919.16, 2919.17, and 2919.18 of the Revised Code

7

to prohibit abortions in this state, to increase

8

the penalties for the offenses of unlawful

9

abortion, unlawful distribution of an

10

abortion-inducing drug, and abortion trafficking,

11

and to make conforming changes in related

12

provisions.

13

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

Section 1. That sections 124.85, 149.43, 2151.421, 2305.11,	14
2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09, 2919.12,	15
2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341, 4112.01,	16
4731.22, 4731.91, and 5101.55 of the Revised Code be amended to	17
read as follows:	18

Sec. 124.85.  (A) As used in this section:

19

(1) "Nontherapeutic abortion" means an abortion that is	20
performed or induced when the life of the mother would not be	21
endangered if the fetus were carried to term or when the pregnancy	22
of the mother was not the result of rape or incest reported to a	23
law enforcement agency.	24

(2) "Policy, contract, or plan" means a policy, contract, or	25
plan of one or more insurance companies, medical care	26
corporations, health care corporations, health maintenance	27
organizations, preferred provider organizations, or other entities	28
that provides health, medical, hospital, or surgical coverage,	29
benefits, or services to elected or appointed officers or	30
employees of the state, including a plan that is associated with a	31
self-insurance program and a policy, contract, or plan that	32
implements a collective bargaining agreement.	33

(3)(2) "State" has the same meaning as in section 2744.01 of	34
the Revised Code.	35

(B) Subject to division (C) of this section, but	36
notwithstandingNotwithstanding other provisions of the Revised	37
Code that conflict with the prohibition specified in this	38
division, funds of the state shall not be expended directly or	39
indirectly to pay the costs, premiums, or charges associated with	40
a policy, contract, or plan if the policy, contract, or plan	41
provides coverage, benefits, or services related to a	42
nontherapeutican abortion.	43

(C) Division (B) of this section does not preclude the state	44
from expending funds to pay the costs, premiums, or charges	45
associated with a policy, contract, or plan that includes a rider	46
or other provision offered on an individual basis under which an	47
elected or appointed official or employee who accepts the offer of	48
the rider or provision may obtain coverage of a nontherapeutic	49
abortion through the policy, contract, or plan if the individual	50
pays for all of the costs, premiums, or charges associated with	51
the rider or provision, including all administrative expenses	52
related to the rider or provision and any claim made for a	53
nontherapeutic abortion.	54

(D) In addition to the laws specified in division (A) of	55
section 4117.10 of the Revised Code that prevail over conflicting	56
provisions of agreements between employee organizations and public	57
employers, divisionsdivision (B) and (C) of this section shall	58
prevail over conflicting provisions of that nature.	59

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

60

(1) "Public record" means records kept by any public office,	61
including, but not limited to, state, county, city, village,	62
township, and school district units, and records pertaining to the	63
delivery of educational services by an alternative school in this	64
state kept by the nonprofit or for-profit entity operating the	65
alternative school pursuant to section 3313.533 of the Revised	66
Code. "Public record" does not mean any of the following:	67

(a) Medical records;

68

(b) Records pertaining to probation and parole proceedings or	69
to proceedings related to the imposition of community control	70
sanctions and post-release control sanctions;	71

(c) Records pertaining to actions under former section	72
2151.85 and division (C) of former section 2919.121 of the Revised	73
Code, as they existed prior to the effective date of this	74
amendment and to appeals of actions arising under those sections;	75

(d) Records pertaining to adoption proceedings, including the	76
contents of an adoption file maintained by the department of	77
health under section 3705.12 of the Revised Code;	78

(e) Information in a record contained in the putative father	79
registry established by section 3107.062 of the Revised Code,	80
regardless of whether the information is held by the department of	81
job and family services or, pursuant to section 3111.69 of the	82
Revised Code, the office of child support in the department or a	83
child support enforcement agency;	84

(f) Records listed in division (A) of section 3107.42 of the	85
Revised Code or specified in division (A) of section 3107.52 of	86
the Revised Code;	87

(g) Trial preparation records;

88

(h) Confidential law enforcement investigatory records;

89

(i) Records containing information that is confidential under	90
section 2710.03 or 4112.05 of the Revised Code;	91

(j) DNA records stored in the DNA database pursuant to	92
section 109.573 of the Revised Code;	93

(k) Inmate records released by the department of	94
rehabilitation and correction to the department of youth services	95
or a court of record pursuant to division (E) of section 5120.21	96
of the Revised Code;	97

(l) Records maintained by the department of youth services	98
pertaining to children in its custody released by the department	99
of youth services to the department of rehabilitation and	100
correction pursuant to section 5139.05 of the Revised Code;	101

(m) Intellectual property records;

102

(n) Donor profile records;

103

(o) Records maintained by the department of job and family	104
services pursuant to section 3121.894 of the Revised Code;	105

(p) Peace officer, parole officer, prosecuting attorney,	106
assistant prosecuting attorney, correctional employee, youth	107
services employee, firefighter, or EMT residential and familial	108
information;	109

(q) In the case of a county hospital operated pursuant to	110
Chapter 339. of the Revised Code or a municipal hospital operated	111
pursuant to Chapter 749. of the Revised Code, information that	112
constitutes a trade secret, as defined in section 1333.61 of the	113
Revised Code;	114

(r) Information pertaining to the recreational activities of	115
a person under the age of eighteen;	116

(s) Records provided to, statements made by review board	117
members during meetings of, and all work products of a child	118
fatality review board acting under sections 307.621 to 307.629 of	119
the Revised Code, other than the report prepared pursuant to	120
section 307.626 of the Revised Code;	121

(t) Records provided to and statements made by the executive	122
director of a public children services agency or a prosecuting	123
attorney acting pursuant to section 5153.171 of the Revised Code	124
other than the information released under that section;	125

(u) Test materials, examinations, or evaluation tools used in	126
an examination for licensure as a nursing home administrator that	127
the board of examiners of nursing home administrators administers	128
under section 4751.04 of the Revised Code or contracts under that	129
section with a private or government entity to administer;	130

(v) Records the release of which is prohibited by state or	131
federal law;	132

(w) Proprietary information of or relating to any person that	133
is submitted to or compiled by the Ohio venture capital authority	134
created under section 150.01 of the Revised Code;	135

(x) Information reported and evaluations conducted pursuant	136
to section 3701.072 of the Revised Code;	137

(y) Financial statements and data any person submits for any	138
purpose to the Ohio housing finance agency or the controlling	139
board in connection with applying for, receiving, or accounting	140
for financial assistance from the agency, and information that	141
identifies any individual who benefits directly or indirectly from	142
financial assistance from the agency.	143

(2) "Confidential law enforcement investigatory record" means	144
any record that pertains to a law enforcement matter of a	145
criminal, quasi-criminal, civil, or administrative nature, but	146
only to the extent that the release of the record would create a	147
high probability of disclosure of any of the following:	148

(a) The identity of a suspect who has not been charged with	149
the offense to which the record pertains, or of an information	150
source or witness to whom confidentiality has been reasonably	151
promised;	152

(b) Information provided by an information source or witness	153
to whom confidentiality has been reasonably promised, which	154
information would reasonably tend to disclose the source's or	155
witness's identity;	156

(c) Specific confidential investigatory techniques or	157
procedures or specific investigatory work product;	158

(d) Information that would endanger the life or physical	159
safety of law enforcement personnel, a crime victim, a witness, or	160
a confidential information source.	161

(3) "Medical record" means any document or combination of	162
documents, except births, deaths, and the fact of admission to or	163
discharge from a hospital, that pertains to the medical history,	164
diagnosis, prognosis, or medical condition of a patient and that	165
is generated and maintained in the process of medical treatment.	166

(4) "Trial preparation record" means any record that contains	167
information that is specifically compiled in reasonable	168
anticipation of, or in defense of, a civil or criminal action or	169
proceeding, including the independent thought processes and	170
personal trial preparation of an attorney.	171

(5) "Intellectual property record" means a record, other than	172
a financial or administrative record, that is produced or	173
collected by or for faculty or staff of a state institution of	174
higher learning in the conduct of or as a result of study or	175
research on an educational, commercial, scientific, artistic,	176
technical, or scholarly issue, regardless of whether the study or	177
research was sponsored by the institution alone or in conjunction	178
with a governmental body or private concern, and that has not been	179
publicly released, published, or patented.	180

(6) "Donor profile record" means all records about donors or	181
potential donors to a public institution of higher education	182
except the names and reported addresses of the actual donors and	183
the date, amount, and conditions of the actual donation.	184

(7) "Peace officer, parole officer, prosecuting attorney,	185
assistant prosecuting attorney, correctional employee, youth	186
services employee, firefighter, or EMT residential and familial	187
information" means any information that discloses any of the	188
following about a peace officer, parole officer, prosecuting	189
attorney, assistant prosecuting attorney, correctional employee,	190
youth services employee, firefighter, or EMT:	191

(a) The address of the actual personal residence of a peace	192
officer, parole officer, assistant prosecuting attorney,	193
correctional employee, youth services employee, firefighter, or	194
EMT, except for the state or political subdivision in which the	195
peace officer, parole officer, assistant prosecuting attorney,	196
correctional employee, youth services employee, firefighter, or	197
EMT resides;	198

(b) Information compiled from referral to or participation in	199
an employee assistance program;	200

(c) The social security number, the residential telephone	201
number, any bank account, debit card, charge card, or credit card	202
number, or the emergency telephone number of, or any medical	203
information pertaining to, a peace officer, parole officer,	204
prosecuting attorney, assistant prosecuting attorney, correctional	205
employee, youth services employee, firefighter, or EMT;	206

(d) The name of any beneficiary of employment benefits,	207
including, but not limited to, life insurance benefits, provided	208
to a peace officer, parole officer, prosecuting attorney,	209
assistant prosecuting attorney, correctional employee, youth	210
services employee, firefighter, or EMT by the peace officer's,	211
parole officer's, prosecuting attorney's, assistant prosecuting	212
attorney's, correctional employee's, youth services employee's,	213
firefighter's, or EMT's employer;	214

(e) The identity and amount of any charitable or employment	215
benefit deduction made by the peace officer's, parole officer's,	216
prosecuting attorney's, assistant prosecuting attorney's,	217
correctional employee's, youth services employee's, firefighter's,	218
or EMT's employer from the peace officer's, parole officer's,	219
prosecuting attorney's, assistant prosecuting attorney's,	220
correctional employee's, youth services employee's, firefighter's,	221
or EMT's compensation unless the amount of the deduction is	222
required by state or federal law;	223

(f) The name, the residential address, the name of the	224
employer, the address of the employer, the social security number,	225
the residential telephone number, any bank account, debit card,	226
charge card, or credit card number, or the emergency telephone	227
number of the spouse, a former spouse, or any child of a peace	228
officer, parole officer, prosecuting attorney, assistant	229
prosecuting attorney, correctional employee, youth services	230
employee, firefighter, or EMT;	231

(g) A photograph of a peace officer who holds a position or	232
has an assignment that may include undercover or plain clothes	233
positions or assignments as determined by the peace officer's	234
appointing authority.	235

As used in divisions (A)(7) and (B)(9) of this section,	236
"peace officer" has the same meaning as in section 109.71 of the	237
Revised Code and also includes the superintendent and troopers of	238
the state highway patrol; it does not include the sheriff of a	239
county or a supervisory employee who, in the absence of the	240
sheriff, is authorized to stand in for, exercise the authority of,	241
and perform the duties of the sheriff.	242

As used in divisions (A)(7) and (B)(5) of this section,	243
"correctional employee" means any employee of the department of	244
rehabilitation and correction who in the course of performing the	245
employee's job duties has or has had contact with inmates and	246
persons under supervision.	247

As used in divisions (A)(7) and (B)(5) of this section,	248
"youth services employee" means any employee of the department of	249
youth services who in the course of performing the employee's job	250
duties has or has had contact with children committed to the	251
custody of the department of youth services.	252

As used in divisions (A)(7) and (B)(9) of this section,	253
"firefighter" means any regular, paid or volunteer, member of a	254
lawfully constituted fire department of a municipal corporation,	255
township, fire district, or village.	256

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	257
means EMTs-basic, EMTs-I, and paramedics that provide emergency	258
medical services for a public emergency medical service	259
organization. "Emergency medical service organization,"	260
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	261
section 4765.01 of the Revised Code.	262

(8) "Information pertaining to the recreational activities of	263
a person under the age of eighteen" means information that is kept	264
in the ordinary course of business by a public office, that	265
pertains to the recreational activities of a person under the age	266
of eighteen years, and that discloses any of the following:	267

(a) The address or telephone number of a person under the age	268
of eighteen or the address or telephone number of that person's	269
parent, guardian, custodian, or emergency contact person;	270

(b) The social security number, birth date, or photographic	271
image of a person under the age of eighteen;	272

(c) Any medical record, history, or information pertaining to	273
a person under the age of eighteen;	274

(d) Any additional information sought or required about a	275
person under the age of eighteen for the purpose of allowing that	276
person to participate in any recreational activity conducted or	277
sponsored by a public office or to use or obtain admission	278
privileges to any recreational facility owned or operated by a	279
public office.	280

(9) "Community control sanction" has the same meaning as in	281
section 2929.01 of the Revised Code.	282

(10) "Post-release control sanction" has the same meaning as	283
in section 2967.01 of the Revised Code.	284

(11) "Redaction" means obscuring or deleting any information	285
that is exempt from the duty to permit public inspection or	286
copying from an item that otherwise meets the definition of a	287
"record" in section 149.011 of the Revised Code.	288

(12) "Designee" and "elected official" have the same meanings	289
as in section 109.43 of the Revised Code.	290

(B)(1) Upon request and subject to division (B)(8) of this	291
section, all public records responsive to the request shall be	292
promptly prepared and made available for inspection to any person	293
at all reasonable times during regular business hours. Subject to	294
division (B)(8) of this section, upon request, a public office or	295
person responsible for public records shall make copies of the	296
requested public record available at cost and within a reasonable	297
period of time. If a public record contains information that is	298
exempt from the duty to permit public inspection or to copy the	299
public record, the public office or the person responsible for the	300
public record shall make available all of the information within	301
the public record that is not exempt. When making that public	302
record available for public inspection or copying that public	303
record, the public office or the person responsible for the public	304
record shall notify the requester of any redaction or make the	305
redaction plainly visible. A redaction shall be deemed a denial of	306
a request to inspect or copy the redacted information, except if	307
federal or state law authorizes or requires a public office to	308
make the redaction.	309

(2) To facilitate broader access to public records, a public	310
office or the person responsible for public records shall organize	311
and maintain public records in a manner that they can be made	312
available for inspection or copying in accordance with division	313
(B) of this section. A public office also shall have available a	314
copy of its current records retention schedule at a location	315
readily available to the public. If a requester makes an ambiguous	316
or overly broad request or has difficulty in making a request for	317
copies or inspection of public records under this section such	318
that the public office or the person responsible for the requested	319
public record cannot reasonably identify what public records are	320
being requested, the public office or the person responsible for	321
the requested public record may deny the request but shall provide	322
the requester with an opportunity to revise the request by	323
informing the requester of the manner in which records are	324
maintained by the public office and accessed in the ordinary	325
course of the public office's or person's duties.	326

(3) If a request is ultimately denied, in part or in whole,	327
the public office or the person responsible for the requested	328
public record shall provide the requester with an explanation,	329
including legal authority, setting forth why the request was	330
denied. If the initial request was provided in writing, the	331
explanation also shall be provided to the requester in writing.	332
The explanation shall not preclude the public office or the person	333
responsible for the requested public record from relying upon	334
additional reasons or legal authority in defending an action	335
commenced under division (C) of this section.	336

(4) Unless specifically required or authorized by state or	337
federal law or in accordance with division (B) of this section, no	338
public office or person responsible for public records may limit	339
or condition the availability of public records by requiring	340
disclosure of the requester's identity or the intended use of the	341
requested public record. Any requirement that the requester	342
disclose the requestor's identity or the intended use of the	343
requested public record constitutes a denial of the request.	344

(5) A public office or person responsible for public records	345
may ask a requester to make the request in writing, may ask for	346
the requester's identity, and may inquire about the intended use	347
of the information requested, but may do so only after disclosing	348
to the requester that a written request is not mandatory and that	349
the requester may decline to reveal the requester's identity or	350
the intended use and when a written request or disclosure of the	351
identity or intended use would benefit the requester by enhancing	352
the ability of the public office or person responsible for public	353
records to identify, locate, or deliver the public records sought	354
by the requester.	355

(6) If any person chooses to obtain a copy of a public record	356
in accordance with division (B) of this section, the public office	357
or person responsible for the public record may require that	358
person to pay in advance the cost involved in providing the copy	359
of the public record in accordance with the choice made by the	360
person seeking the copy under this division. The public office or	361
the person responsible for the public record shall permit that	362
person to choose to have the public record duplicated upon paper,	363
upon the same medium upon which the public office or person	364
responsible for the public record keeps it, or upon any other	365
medium upon which the public office or person responsible for the	366
public record determines that it reasonably can be duplicated as	367
an integral part of the normal operations of the public office or	368
person responsible for the public record. When the person seeking	369
the copy makes a choice under this division, the public office or	370
person responsible for the public record shall provide a copy of	371
it in accordance with the choice made by the person seeking the	372
copy. Nothing in this section requires a public office or person	373
responsible for the public record to allow the person seeking a	374
copy of the public record to make the copies of the public record.	375

(7) Upon a request made in accordance with division (B) of	376
this section and subject to division (B)(6) of this section, a	377
public office or person responsible for public records shall	378
transmit a copy of a public record to any person by United States	379
mail or by any other means of delivery or transmission within a	380
reasonable period of time after receiving the request for the	381
copy. The public office or person responsible for the public	382
record may require the person making the request to pay in advance	383
the cost of postage if the copy is transmitted by United States	384
mail or the cost of delivery if the copy is transmitted other than	385
by United States mail, and to pay in advance the costs incurred	386
for other supplies used in the mailing, delivery, or transmission.	387

Any public office may adopt a policy and procedures that it	388
will follow in transmitting, within a reasonable period of time	389
after receiving a request, copies of public records by United	390
States mail or by any other means of delivery or transmission	391
pursuant to this division. A public office that adopts a policy	392
and procedures under this division shall comply with them in	393
performing its duties under this division.	394

In any policy and procedures adopted under this division, a	395
public office may limit the number of records requested by a	396
person that the office will transmit by United States mail to ten	397
per month, unless the person certifies to the office in writing	398
that the person does not intend to use or forward the requested	399
records, or the information contained in them, for commercial	400
purposes. For purposes of this division, "commercial" shall be	401
narrowly construed and does not include reporting or gathering	402
news, reporting or gathering information to assist citizen	403
oversight or understanding of the operation or activities of	404
government, or nonprofit educational research.	405

(8) A public office or person responsible for public records	406
is not required to permit a person who is incarcerated pursuant to	407
a criminal conviction or a juvenile adjudication to inspect or to	408
obtain a copy of any public record concerning a criminal	409
investigation or prosecution or concerning what would be a	410
criminal investigation or prosecution if the subject of the	411
investigation or prosecution were an adult, unless the request to	412
inspect or to obtain a copy of the record is for the purpose of	413
acquiring information that is subject to release as a public	414
record under this section and the judge who imposed the sentence	415
or made the adjudication with respect to the person, or the	416
judge's successor in office, finds that the information sought in	417
the public record is necessary to support what appears to be a	418
justiciable claim of the person.	419

(9) Upon written request made and signed by a journalist on	420
or after December 16, 1999, a public office, or person responsible	421
for public records, having custody of the records of the agency	422
employing a specified peace officer, parole officer, prosecuting	423
attorney, assistant prosecuting attorney, correctional employee,	424
youth services employee, firefighter, or EMT shall disclose to the	425
journalist the address of the actual personal residence of the	426
peace officer, parole officer, prosecuting attorney, assistant	427
prosecuting attorney, correctional employee, youth services	428
employee, firefighter, or EMT and, if the peace officer's, parole	429
officer's, prosecuting attorney's, assistant prosecuting	430
attorney's, correctional employee's, youth services employee's,	431
firefighter's, or EMT's spouse, former spouse, or child is	432
employed by a public office, the name and address of the employer	433
of the peace officer's, parole officer's, prosecuting attorney's,	434
assistant prosecuting attorney's, correctional employee's, youth	435
services employee's, firefighter's, or EMT's spouse, former	436
spouse, or child. The request shall include the journalist's name	437
and title and the name and address of the journalist's employer	438
and shall state that disclosure of the information sought would be	439
in the public interest.	440

As used in this division, "journalist" means a person engaged	441
in, connected with, or employed by any news medium, including a	442
newspaper, magazine, press association, news agency, or wire	443
service, a radio or television station, or a similar medium, for	444
the purpose of gathering, processing, transmitting, compiling,	445
editing, or disseminating information for the general public.	446

(C)(1) If a person allegedly is aggrieved by the failure of a	447
public office or the person responsible for public records to	448
promptly prepare a public record and to make it available to the	449
person for inspection in accordance with division (B) of this	450
section or by any other failure of a public office or the person	451
responsible for public records to comply with an obligation in	452
accordance with division (B) of this section, the person allegedly	453
aggrieved may commence a mandamus action to obtain a judgment that	454
orders the public office or the person responsible for the public	455
record to comply with division (B) of this section, that awards	456
court costs and reasonable attorney's fees to the person that	457
instituted the mandamus action, and, if applicable, that includes	458
an order fixing statutory damages under division (C)(1) of this	459
section. The mandamus action may be commenced in the court of	460
common pleas of the county in which division (B) of this section	461
allegedly was not complied with, in the supreme court pursuant to	462
its original jurisdiction under Section 2 of Article IV, Ohio	463
Constitution, or in the court of appeals for the appellate	464
district in which division (B) of this section allegedly was not	465
complied with pursuant to its original jurisdiction under Section	466
3 of Article IV, Ohio Constitution.	467

If a requestor transmits a written request by hand delivery	468
or certified mail to inspect or receive copies of any public	469
record in a manner that fairly describes the public record or	470
class of public records to the public office or person responsible	471
for the requested public records, except as otherwise provided in	472
this section, the requestor shall be entitled to recover the	473
amount of statutory damages set forth in this division if a court	474
determines that the public office or the person responsible for	475
public records failed to comply with an obligation in accordance	476
with division (B) of this section.	477

The amount of statutory damages shall be fixed at one hundred	478
dollars for each business day during which the public office or	479
person responsible for the requested public records failed to	480
comply with an obligation in accordance with division (B) of this	481
section, beginning with the day on which the requester files a	482
mandamus action to recover statutory damages, up to a maximum of	483
one thousand dollars. The award of statutory damages shall not be	484
construed as a penalty, but as compensation for injury arising	485
from lost use of the requested information. The existence of this	486
injury shall be conclusively presumed. The award of statutory	487
damages shall be in addition to all other remedies authorized by	488
this section.	489

The court may reduce an award of statutory damages or not	490
award statutory damages if the court determines both of the	491
following:	492

(a) That, based on the ordinary application of statutory law	493
and case law as it existed at the time of the conduct or	494
threatened conduct of the public office or person responsible for	495
the requested public records that allegedly constitutes a failure	496
to comply with an obligation in accordance with division (B) of	497
this section and that was the basis of the mandamus action, a	498
well-informed public office or person responsible for the	499
requested public records reasonably would believe that the conduct	500
or threatened conduct of the public office or person responsible	501
for the requested public records did not constitute a failure to	502
comply with an obligation in accordance with division (B) of this	503
section;	504

(b) That a well-informed public office or person responsible	505
for the requested public records reasonably would believe that the	506
conduct or threatened conduct of the public office or person	507
responsible for the requested public records would serve the	508
public policy that underlies the authority that is asserted as	509
permitting that conduct or threatened conduct.	510

(2)(a) If the court issues a writ of mandamus that orders the	511
public office or the person responsible for the public record to	512
comply with division (B) of this section and determines that the	513
circumstances described in division (C)(1) of this section exist,	514
the court shall determine and award to the relator all court	515
costs.	516

(b) If the court renders a judgment that orders the public	517
office or the person responsible for the public record to comply	518
with division (B) of this section, the court may award reasonable	519
attorney's fees subject to reduction as described in division	520
(C)(2)(c) of this section. The court shall award reasonable	521
attorney's fees, subject to reduction as described in division	522
(C)(2)(c) of this section when either of the following applies:	523

(i) The public office or the person responsible for the	524
public records failed to respond affirmatively or negatively to	525
the public records request in accordance with the time allowed	526
under division (B) of this section.	527

(ii) The public office or the person responsible for the	528
public records promised to permit the relator to inspect or	529
receive copies of the public records requested within a specified	530
period of time but failed to fulfill that promise within that	531
specified period of time.	532

(c) Court costs and reasonable attorney's fees awarded under	533
this section shall be construed as remedial and not punitive.	534
Reasonable attorney's fees shall include reasonable fees incurred	535
to produce proof of the reasonableness and amount of the fees and	536
to otherwise litigate entitlement to the fees. The court may	537
reduce an award of attorney's fees to the relator or not award	538
attorney's fees to the relator if the court determines both of the	539
following:	540

(i) That, based on the ordinary application of statutory law	541
and case law as it existed at the time of the conduct or	542
threatened conduct of the public office or person responsible for	543
the requested public records that allegedly constitutes a failure	544
to comply with an obligation in accordance with division (B) of	545
this section and that was the basis of the mandamus action, a	546
well-informed public office or person responsible for the	547
requested public records reasonably would believe that the conduct	548
or threatened conduct of the public office or person responsible	549
for the requested public records did not constitute a failure to	550
comply with an obligation in accordance with division (B) of this	551
section;	552

(ii) That a well-informed public office or person responsible	553
for the requested public records reasonably would believe that the	554
conduct or threatened conduct of the public office or person	555
responsible for the requested public records as described in	556
division (C)(2)(c)(i) of this section would serve the public	557
policy that underlies the authority that is asserted as permitting	558
that conduct or threatened conduct.	559

(D) Chapter 1347. of the Revised Code does not limit the	560
provisions of this section.	561

(E)(1) To ensure that all employees of public offices are	562
appropriately educated about a public office's obligations under	563
division (B) of this section, all elected officials or their	564
appropriate designees shall attend training approved by the	565
attorney general as provided in section 109.43 of the Revised	566
Code. In addition, all public offices shall adopt a public records	567
policy in compliance with this section for responding to public	568
records requests. In adopting a public records policy under this	569
division, a public office may obtain guidance from the model	570
public records policy developed and provided to the public office	571
by the attorney general under section 109.43 of the Revised Code.	572
Except as otherwise provided in this section, the policy may not	573
limit the number of public records that the public office will	574
make available to a single person, may not limit the number of	575
public records that it will make available during a fixed period	576
of time, and may not establish a fixed period of time before it	577
will respond to a request for inspection or copying of public	578
records, unless that period is less than eight hours.	579

(2) The public office shall distribute the public records	580
policy adopted by the public office under division (E)(1) of this	581
section to the employee of the public office who is the records	582
custodian or records manager or otherwise has custody of the	583
records of that office. The public office shall require that	584
employee to acknowledge receipt of the copy of the public records	585
policy. The public office shall create a poster that describes its	586
public records policy and shall post the poster in a conspicuous	587
place in the public office and in all locations where the public	588
office has branch offices. The public office may post its public	589
records policy on the internet web site of the public office if	590
the public office maintains an internet web site. A public office	591
that has established a manual or handbook of its general policies	592
and procedures for all employees of the public office shall	593
include the public records policy of the public office in the	594
manual or handbook.	595

(F)(1) The bureau of motor vehicles may adopt rules pursuant	596
to Chapter 119. of the Revised Code to reasonably limit the number	597
of bulk commercial special extraction requests made by a person	598
for the same records or for updated records during a calendar	599
year. The rules may include provisions for charges to be made for	600
bulk commercial special extraction requests for the actual cost of	601
the bureau, plus special extraction costs, plus ten per cent. The	602
bureau may charge for expenses for redacting information, the	603
release of which is prohibited by law.	604

(2) As used in division (F)(1) of this section:

605

(a) "Actual cost" means the cost of depleted supplies,	606
records storage media costs, actual mailing and alternative	607
delivery costs, or other transmitting costs, and any direct	608
equipment operating and maintenance costs, including actual costs	609
paid to private contractors for copying services.	610

(b) "Bulk commercial special extraction request" means a	611
request for copies of a record for information in a format other	612
than the format already available, or information that cannot be	613
extracted without examination of all items in a records series,	614
class of records, or data base by a person who intends to use or	615
forward the copies for surveys, marketing, solicitation, or resale	616
for commercial purposes. "Bulk commercial special extraction	617
request" does not include a request by a person who gives	618
assurance to the bureau that the person making the request does	619
not intend to use or forward the requested copies for surveys,	620
marketing, solicitation, or resale for commercial purposes.	621

(c) "Commercial" means profit-seeking production, buying, or	622
selling of any good, service, or other product.	623

(d) "Special extraction costs" means the cost of the time	624
spent by the lowest paid employee competent to perform the task,	625
the actual amount paid to outside private contractors employed by	626
the bureau, or the actual cost incurred to create computer	627
programs to make the special extraction. "Special extraction	628
costs" include any charges paid to a public agency for computer or	629
records services.	630

(3) For purposes of divisions (F)(1) and (2) of this section,	631
"surveys, marketing, solicitation, or resale for commercial	632
purposes" shall be narrowly construed and does not include	633
reporting or gathering news, reporting or gathering information to	634
assist citizen oversight or understanding of the operation or	635
activities of government, or nonprofit educational research.	636

Sec. 2151.421.  (A)(1)(a) No person described in division	637
(A)(1)(b) of this section who is acting in an official or	638
professional capacity and knows, or has reasonable cause to	639
suspect based on facts that would cause a reasonable person in a	640
similar position to suspect, that a child under eighteen years of	641
age or a mentally retarded, developmentally disabled, or	642
physically impaired child under twenty-one years of age has	643
suffered or faces a threat of suffering any physical or mental	644
wound, injury, disability, or condition of a nature that	645
reasonably indicates abuse or neglect of the child shall fail to	646
immediately report that knowledge or reasonable cause to suspect	647
to the entity or persons specified in this division. Except as	648
provided in section 5120.173 of the Revised Code, the person	649
making the report shall make it to the public children services	650
agency or a municipal or county peace officer in the county in	651
which the child resides or in which the abuse or neglect is	652
occurring or has occurred. In the circumstances described in	653
section 5120.173 of the Revised Code, the person making the report	654
shall make it to the entity specified in that section.	655

(b) Division (A)(1)(a) of this section applies to any person	656
who is an attorney; physician, including a hospital intern or	657
resident; dentist; podiatrist; practitioner of a limited branch of	658
medicine as specified in section 4731.15 of the Revised Code;	659
registered nurse; licensed practical nurse; visiting nurse; other	660
health care professional; licensed psychologist; licensed school	661
psychologist; independent marriage and family therapist or	662
marriage and family therapist; speech pathologist or audiologist;	663
coroner; administrator or employee of a child day-care center;	664
administrator or employee of a residential camp or child day camp;	665
administrator or employee of a certified child care agency or	666
other public or private children services agency; school teacher;	667
school employee; school authority; person engaged in social work	668
or the practice of professional counseling; agent of a county	669
humane society; person, other than a cleric, rendering spiritual	670
treatment through prayer in accordance with the tenets of a	671
well-recognized religion; superintendent, board member, or	672
employee of a county board of mental retardation; investigative	673
agent contracted with by a county board of mental retardation;	674
employee of the department of mental retardation and developmental	675
disabilities; employee of a facility or home that provides respite	676
care in accordance with section 5123.171 of the Revised Code;	677
employee of a home health agency; employee of an entity that	678
provides homemaker services; a person performing the duties of an	679
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	680
or third party employed by a public children services agency to	681
assist in providing child or family related services.	682

(2) Except as provided in division (A)(3) of this section, an	683
attorney or a physician is not required to make a report pursuant	684
to division (A)(1) of this section concerning any communication	685
the attorney or physician receives from a client or patient in an	686
attorney-client or physician-patient relationship, if, in	687
accordance with division (A) or (B) of section 2317.02 of the	688
Revised Code, the attorney or physician could not testify with	689
respect to that communication in a civil or criminal proceeding.	690

(3) The client or patient in an attorney-client or	691
physician-patient relationship described in division (A)(2) of	692
this section is deemed to have waived any testimonial privilege	693
under division (A) or (B) of section 2317.02 of the Revised Code	694
with respect to any communication the attorney or physician	695
receives from the client or patient in that attorney-client or	696
physician-patient relationship, and the attorney or physician	697
shall make a report pursuant to division (A)(1) of this section	698
with respect to that communication, if all of the following apply:	699

(a) The client or patient, at the time of the communication,	700
is either a child under eighteen years of age or a mentally	701
retarded, developmentally disabled, or physically impaired person	702
under twenty-one years of age.	703

(b) The attorney or physician knows, or has reasonable cause	704
to suspect based on facts that would cause a reasonable person in	705
similar position to suspect, as a result of the communication or	706
any observations made during that communication, that the client	707
or patient has suffered or faces a threat of suffering any	708
physical or mental wound, injury, disability, or condition of a	709
nature that reasonably indicates abuse or neglect of the client or	710
patient.	711

(c) The abuse or neglect does not arise out of the client's	712
or patient's attempt, prior to the effective date of this	713
amendment, to have an abortion without the notification of her	714
parents, guardian, or custodian in accordance with former section	715
2151.85 of the Revised Code as it existed immediately prior to	716
that date.	717

(4)(a) No cleric and no person, other than a volunteer,	718
designated by any church, religious society, or faith acting as a	719
leader, official, or delegate on behalf of the church, religious	720
society, or faith who is acting in an official or professional	721
capacity, who knows, or has reasonable cause to believe based on	722
facts that would cause a reasonable person in a similar position	723
to believe, that a child under eighteen years of age or a mentally	724
retarded, developmentally disabled, or physically impaired child	725
under twenty-one years of age has suffered or faces a threat of	726
suffering any physical or mental wound, injury, disability, or	727
condition of a nature that reasonably indicates abuse or neglect	728
of the child, and who knows, or has reasonable cause to believe	729
based on facts that would cause a reasonable person in a similar	730
position to believe, that another cleric or another person, other	731
than a volunteer, designated by a church, religious society, or	732
faith acting as a leader, official, or delegate on behalf of the	733
church, religious society, or faith caused, or poses the threat of	734
causing, the wound, injury, disability, or condition that	735
reasonably indicates abuse or neglect shall fail to immediately	736
report that knowledge or reasonable cause to believe to the entity	737
or persons specified in this division. Except as provided in	738
section 5120.173 of the Revised Code, the person making the report	739
shall make it to the public children services agency or a	740
municipal or county peace officer in the county in which the child	741
resides or in which the abuse or neglect is occurring or has	742
occurred. In the circumstances described in section 5120.173 of	743
the Revised Code, the person making the report shall make it to	744
the entity specified in that section.	745

(b) Except as provided in division (A)(4)(c) of this section,	746
a cleric is not required to make a report pursuant to division	747
(A)(4)(a) of this section concerning any communication the cleric	748
receives from a penitent in a cleric-penitent relationship, if, in	749
accordance with division (C) of section 2317.02 of the Revised	750
Code, the cleric could not testify with respect to that	751
communication in a civil or criminal proceeding.	752

(c) The penitent in a cleric-penitent relationship described	753
in division (A)(4)(b) of this section is deemed to have waived any	754
testimonial privilege under division (C) of section 2317.02 of the	755
Revised Code with respect to any communication the cleric receives	756
from the penitent in that cleric-penitent relationship, and the	757
cleric shall make a report pursuant to division (A)(4)(a) of this	758
section with respect to that communication, if all of the	759
following apply:	760

(i) The penitent, at the time of the communication, is either	761
a child under eighteen years of age or a mentally retarded,	762
developmentally disabled, or physically impaired person under	763
twenty-one years of age.	764

(ii) The cleric knows, or has reasonable cause to believe	765
based on facts that would cause a reasonable person in a similar	766
position to believe, as a result of the communication or any	767
observations made during that communication, the penitent has	768
suffered or faces a threat of suffering any physical or mental	769
wound, injury, disability, or condition of a nature that	770
reasonably indicates abuse or neglect of the penitent.	771

(iii) The abuse or neglect does not arise out of the	772
penitent's attempt to have an abortion performed upon a child	773
under eighteen years of age or upon a mentally retarded,	774
developmentally disabled, or physically impaired person under	775
twenty-one years of age without the notification of her parents,	776
guardian, or custodian in accordance with section 2151.85 of the	777
Revised Code.	778

(d) Divisions (A)(4)(a) and (c) of this section do not apply	779
in a cleric-penitent relationship when the disclosure of any	780
communication the cleric receives from the penitent is in	781
violation of the sacred trust.	782

(e) As used in divisions (A)(1) and (4) of this section,	783
"cleric" and "sacred trust" have the same meanings as in section	784
2317.02 of the Revised Code.	785

(B) Anyone who knows, or has reasonable cause to suspect	786
based on facts that would cause a reasonable person in similar	787
circumstances to suspect, that a child under eighteen years of age	788
or a mentally retarded, developmentally disabled, or physically	789
impaired person under twenty-one years of age has suffered or	790
faces a threat of suffering any physical or mental wound, injury,	791
disability, or other condition of a nature that reasonably	792
indicates abuse or neglect of the child may report or cause	793
reports to be made of that knowledge or reasonable cause to	794
suspect to the entity or persons specified in this division.	795
Except as provided in section 5120.173 of the Revised Code, a	796
person making a report or causing a report to be made under this	797
division shall make it or cause it to be made to the public	798
children services agency or to a municipal or county peace	799
officer. In the circumstances described in section 5120.173 of the	800
Revised Code, a person making a report or causing a report to be	801
made under this division shall make it or cause it to be made to	802
the entity specified in that section.	803

(C) Any report made pursuant to division (A) or (B) of this	804
section shall be made forthwith either by telephone or in person	805
and shall be followed by a written report, if requested by the	806
receiving agency or officer. The written report shall contain:	807

(1) The names and addresses of the child and the child's	808
parents or the person or persons having custody of the child, if	809
known;	810

(2) The child's age and the nature and extent of the child's	811
injuries, abuse, or neglect that is known or reasonably suspected	812
or believed, as applicable, to have occurred or of the threat of	813
injury, abuse, or neglect that is known or reasonably suspected or	814
believed, as applicable, to exist, including any evidence of	815
previous injuries, abuse, or neglect;	816

(3) Any other information that might be helpful in	817
establishing the cause of the injury, abuse, or neglect that is	818
known or reasonably suspected or believed, as applicable, to have	819
occurred or of the threat of injury, abuse, or neglect that is	820
known or reasonably suspected or believed, as applicable, to	821
exist.	822

Any person, who is required by division (A) of this section	823
to report child abuse or child neglect that is known or reasonably	824
suspected or believed to have occurred, may take or cause to be	825
taken color photographs of areas of trauma visible on a child and,	826
if medically indicated, cause to be performed radiological	827
examinations of the child.	828

(D) As used in this division, "children's advocacy center"	829
and "sexual abuse of a child" have the same meanings as in section	830
2151.425 of the Revised Code.	831

(1) When a municipal or county peace officer receives a	832
report concerning the possible abuse or neglect of a child or the	833
possible threat of abuse or neglect of a child, upon receipt of	834
the report, the municipal or county peace officer who receives the	835
report shall refer the report to the appropriate public children	836
services agency.	837

(2) When a public children services agency receives a report	838
pursuant to this division or division (A) or (B) of this section,	839
upon receipt of the report, the public children services agency	840
shall do both of the following:	841

(a) Comply with section 2151.422 of the Revised Code;

842

(b) If the county served by the agency is also served by a	843
children's advocacy center and the report alleges sexual abuse of	844
a child or another type of abuse of a child that is specified in	845
the memorandum of understanding that creates the center as being	846
within the center's jurisdiction, comply regarding the report with	847
the protocol and procedures for referrals and investigations, with	848
the coordinating activities, and with the authority or	849
responsibility for performing or providing functions, activities,	850
and services stipulated in the interagency agreement entered into	851
under section 2151.428 of the Revised Code relative to that	852
center.	853

(E) No township, municipal, or county peace officer shall	854
remove a child about whom a report is made pursuant to this	855
section from the child's parents, stepparents, or guardian or any	856
other persons having custody of the child without consultation	857
with the public children services agency, unless, in the judgment	858
of the officer, and, if the report was made by physician, the	859
physician, immediate removal is considered essential to protect	860
the child from further abuse or neglect. The agency that must be	861
consulted shall be the agency conducting the investigation of the	862
report as determined pursuant to section 2151.422 of the Revised	863
Code.	864

(F)(1) Except as provided in section 2151.422 of the Revised	865
Code or in an interagency agreement entered into under section	866
2151.428 of the Revised Code that applies to the particular	867
report, the public children services agency shall investigate,	868
within twenty-four hours, each report of child abuse or child	869
neglect that is known or reasonably suspected or believed to have	870
occurred and of a threat of child abuse or child neglect that is	871
known or reasonably suspected or believed to exist that is	872
referred to it under this section to determine the circumstances	873
surrounding the injuries, abuse, or neglect or the threat of	874
injury, abuse, or neglect, the cause of the injuries, abuse,	875
neglect, or threat, and the person or persons responsible. The	876
investigation shall be made in cooperation with the law	877
enforcement agency and in accordance with the memorandum of	878
understanding prepared under division (J) of this section. A	879
representative of the public children services agency shall, at	880
the time of initial contact with the person subject to the	881
investigation, inform the person of the specific complaints or	882
allegations made against the person. The information shall be	883
given in a manner that is consistent with division (H)(1) of this	884
section and protects the rights of the person making the report	885
under this section.	886

A failure to make the investigation in accordance with the	887
memorandum is not grounds for, and shall not result in, the	888
dismissal of any charges or complaint arising from the report or	889
the suppression of any evidence obtained as a result of the report	890
and does not give, and shall not be construed as giving, any	891
rights or any grounds for appeal or post-conviction relief to any	892
person. The public children services agency shall report each case	893
to the uniform statewide automated child welfare information	894
system that the department of job and family services shall	895
maintain in accordance with section 5101.13 of the Revised Code.	896
The public children services agency shall submit a report of its	897
investigation, in writing, to the law enforcement agency.	898

(2) The public children services agency shall make any	899
recommendations to the county prosecuting attorney or city	900
director of law that it considers necessary to protect any	901
children that are brought to its attention.	902

(G)(1)(a) Except as provided in division (H)(3) of this	903
section, anyone or any hospital, institution, school, health	904
department, or agency participating in the making of reports under	905
division (A) of this section, anyone or any hospital, institution,	906
school, health department, or agency participating in good faith	907
in the making of reports under division (B) of this section, and	908
anyone participating in good faith in a judicial proceeding	909
resulting from the reports, shall be immune from any civil or	910
criminal liability for injury, death, or loss to person or	911
property that otherwise might be incurred or imposed as a result	912
of the making of the reports or the participation in the judicial	913
proceeding.	914

(b) Notwithstanding section 4731.22 of the Revised Code, the	915
physician-patient privilege shall not be a ground for excluding	916
evidence regarding a child's injuries, abuse, or neglect, or the	917
cause of the injuries, abuse, or neglect in any judicial	918
proceeding resulting from a report submitted pursuant to this	919
section.	920

(2) In any civil or criminal action or proceeding in which it	921
is alleged and proved that participation in the making of a report	922
under this section was not in good faith or participation in a	923
judicial proceeding resulting from a report made under this	924
section was not in good faith, the court shall award the	925
prevailing party reasonable attorney's fees and costs and, if a	926
civil action or proceeding is voluntarily dismissed, may award	927
reasonable attorney's fees and costs to the party against whom the	928
civil action or proceeding is brought.	929

(H)(1) Except as provided in divisions (H)(4) and (M) of this	930
section, a report made under this section is confidential. The	931
information provided in a report made pursuant to this section and	932
the name of the person who made the report shall not be released	933
for use, and shall not be used, as evidence in any civil action or	934
proceeding brought against the person who made the report. In a	935
criminal proceeding, the report is admissible in evidence in	936
accordance with the Rules of Evidence and is subject to discovery	937
in accordance with the Rules of Criminal Procedure.	938

(2) No person shall permit or encourage the unauthorized	939
dissemination of the contents of any report made under this	940
section.	941

(3) A person who knowingly makes or causes another person to	942
make a false report under division (B) of this section that	943
alleges that any person has committed an act or omission that	944
resulted in a child being an abused child or a neglected child is	945
guilty of a violation of section 2921.14 of the Revised Code.	946

(4) If a report is made pursuant to division (A) or (B) of	947
this section and the child who is the subject of the report dies	948
for any reason at any time after the report is made, but before	949
the child attains eighteen years of age, the public children	950
services agency or municipal or county peace officer to which the	951
report was made or referred, on the request of the child fatality	952
review board, shall submit a summary sheet of information	953
providing a summary of the report to the review board of the	954
county in which the deceased child resided at the time of death.	955
On the request of the review board, the agency or peace officer	956
may, at its discretion, make the report available to the review	957
board. If the county served by the public children services agency	958
is also served by a children's advocacy center and the report of	959
alleged sexual abuse of a child or another type of abuse of a	960
child is specified in the memorandum of understanding that creates	961
the center as being within the center's jurisdiction, the agency	962
or center shall perform the duties and functions specified in this	963
division in accordance with the interagency agreement entered into	964
under section 2151.428 of the Revised Code relative to that	965
advocacy center.	966

(5) A public children services agency shall advise a person	967
alleged to have inflicted abuse or neglect on a child who is the	968
subject of a report made pursuant to this section, including a	969
report alleging sexual abuse of a child or another type of abuse	970
of a child referred to a children's advocacy center pursuant to an	971
interagency agreement entered into under section 2151.428 of the	972
Revised Code, in writing of the disposition of the investigation.	973
The agency shall not provide to the person any information that	974
identifies the person who made the report, statements of	975
witnesses, or police or other investigative reports.	976

(I) Any report that is required by this section, other than a	977
report that is made to the state highway patrol as described in	978
section 5120.173 of the Revised Code, shall result in protective	979
services and emergency supportive services being made available by	980
the public children services agency on behalf of the children	981
about whom the report is made, in an effort to prevent further	982
neglect or abuse, to enhance their welfare, and, whenever	983
possible, to preserve the family unit intact. The agency required	984
to provide the services shall be the agency conducting the	985
investigation of the report pursuant to section 2151.422 of the	986
Revised Code.	987

(J)(1) Each public children services agency shall prepare a	988
memorandum of understanding that is signed by all of the	989
following:	990

(a) If there is only one juvenile judge in the county, the	991
juvenile judge of the county or the juvenile judge's	992
representative;	993

(b) If there is more than one juvenile judge in the county, a	994
juvenile judge or the juvenile judges' representative selected by	995
the juvenile judges or, if they are unable to do so for any	996
reason, the juvenile judge who is senior in point of service or	997
the senior juvenile judge's representative;	998

(c) The county peace officer;

999

(d) All chief municipal peace officers within the county;

1000

(e) Other law enforcement officers handling child abuse and	1001
neglect cases in the county;	1002

(f) The prosecuting attorney of the county;

1003

(g) If the public children services agency is not the county	1004
department of job and family services, the county department of	1005
job and family services;	1006

(h) The county humane society;

1007

(i) If the public children services agency participated in	1008
the execution of a memorandum of understanding under section	1009
2151.426 of the Revised Code establishing a children's advocacy	1010
center, each participating member of the children's advocacy	1011
center established by the memorandum.	1012

(2) A memorandum of understanding shall set forth the normal	1013
operating procedure to be employed by all concerned officials in	1014
the execution of their respective responsibilities under this	1015
section and division (C) of section 2919.21, division (B)(1) of	1016
section 2919.22, division (B) of section 2919.23, and section	1017
2919.24 of the Revised Code and shall have as two of its primary	1018
goals the elimination of all unnecessary interviews of children	1019
who are the subject of reports made pursuant to division (A) or	1020
(B) of this section and, when feasible, providing for only one	1021
interview of a child who is the subject of any report made	1022
pursuant to division (A) or (B) of this section. A failure to	1023
follow the procedure set forth in the memorandum by the concerned	1024
officials is not grounds for, and shall not result in, the	1025
dismissal of any charges or complaint arising from any reported	1026
case of abuse or neglect or the suppression of any evidence	1027
obtained as a result of any reported child abuse or child neglect	1028
and does not give, and shall not be construed as giving, any	1029
rights or any grounds for appeal or post-conviction relief to any	1030
person.	1031

(3) A memorandum of understanding shall include all of the	1032
following:	1033

(a) The roles and responsibilities for handling emergency and	1034
nonemergency cases of abuse and neglect;	1035

(b) Standards and procedures to be used in handling and	1036
coordinating investigations of reported cases of child abuse and	1037
reported cases of child neglect, methods to be used in	1038
interviewing the child who is the subject of the report and who	1039
allegedly was abused or neglected, and standards and procedures	1040
addressing the categories of persons who may interview the child	1041
who is the subject of the report and who allegedly was abused or	1042
neglected.	1043

(4) If a public children services agency participated in the	1044
execution of a memorandum of understanding under section 2151.426	1045
of the Revised Code establishing a children's advocacy center, the	1046
agency shall incorporate the contents of that memorandum in the	1047
memorandum prepared pursuant to this section.	1048

(K)(1) Except as provided in division (K)(4) of this section,	1049
a person who is required to make a report pursuant to division (A)	1050
of this section may make a reasonable number of requests of the	1051
public children services agency that receives or is referred the	1052
report, or of the children's advocacy center that is referred the	1053
report if the report is referred to a children's advocacy center	1054
pursuant to an interagency agreement entered into under section	1055
2151.428 of the Revised Code, to be provided with the following	1056
information:	1057

(a) Whether the agency or center has initiated an	1058
investigation of the report;	1059

(b) Whether the agency or center is continuing to investigate	1060
the report;	1061

(c) Whether the agency or center is otherwise involved with	1062
the child who is the subject of the report;	1063

(d) The general status of the health and safety of the child	1064
who is the subject of the report;	1065

(e) Whether the report has resulted in the filing of a	1066
complaint in juvenile court or of criminal charges in another	1067
court.	1068

(2) A person may request the information specified in	1069
division (K)(1) of this section only if, at the time the report is	1070
made, the person's name, address, and telephone number are	1071
provided to the person who receives the report.	1072

When a municipal or county peace officer or employee of a	1073
public children services agency receives a report pursuant to	1074
division (A) or (B) of this section the recipient of the report	1075
shall inform the person of the right to request the information	1076
described in division (K)(1) of this section. The recipient of the	1077
report shall include in the initial child abuse or child neglect	1078
report that the person making the report was so informed and, if	1079
provided at the time of the making of the report, shall include	1080
the person's name, address, and telephone number in the report.	1081

Each request is subject to verification of the identity of	1082
the person making the report. If that person's identity is	1083
verified, the agency shall provide the person with the information	1084
described in division (K)(1) of this section a reasonable number	1085
of times, except that the agency shall not disclose any	1086
confidential information regarding the child who is the subject of	1087
the report other than the information described in those	1088
divisions.	1089

(3) A request made pursuant to division (K)(1) of this	1090
section is not a substitute for any report required to be made	1091
pursuant to division (A) of this section.	1092

(4) If an agency other than the agency that received or was	1093
referred the report is conducting the investigation of the report	1094
pursuant to section 2151.422 of the Revised Code, the agency	1095
conducting the investigation shall comply with the requirements of	1096
division (K) of this section.	1097

(L) The director of job and family services shall adopt rules	1098
in accordance with Chapter 119. of the Revised Code to implement	1099
this section. The department of job and family services may enter	1100
into a plan of cooperation with any other governmental entity to	1101
aid in ensuring that children are protected from abuse and	1102
neglect. The department shall make recommendations to the attorney	1103
general that the department determines are necessary to protect	1104
children from child abuse and child neglect.	1105

(M)(1) As used in this division:

1106

(a) "Out-of-home care" includes a nonchartered nonpublic	1107
school if the alleged child abuse or child neglect, or alleged	1108
threat of child abuse or child neglect, described in a report	1109
received by a public children services agency allegedly occurred	1110
in or involved the nonchartered nonpublic school and the alleged	1111
perpetrator named in the report holds a certificate, permit, or	1112
license issued by the state board of education under section	1113
3301.071 or Chapter 3319. of the Revised Code.	1114

(b) "Administrator, director, or other chief administrative	1115
officer" means the superintendent of the school district if the	1116
out-of-home care entity subject to a report made pursuant to this	1117
section is a school operated by the district.	1118

(2) No later than the end of the day following the day on	1119
which a public children services agency receives a report of	1120
alleged child abuse or child neglect, or a report of an alleged	1121
threat of child abuse or child neglect, that allegedly occurred in	1122
or involved an out-of-home care entity, the agency shall provide	1123
written notice of the allegations contained in and the person	1124
named as the alleged perpetrator in the report to the	1125
administrator, director, or other chief administrative officer of	1126
the out-of-home care entity that is the subject of the report	1127
unless the administrator, director, or other chief administrative	1128
officer is named as an alleged perpetrator in the report. If the	1129
administrator, director, or other chief administrative officer of	1130
an out-of-home care entity is named as an alleged perpetrator in a	1131
report of alleged child abuse or child neglect, or a report of an	1132
alleged threat of child abuse or child neglect, that allegedly	1133
occurred in or involved the out-of-home care entity, the agency	1134
shall provide the written notice to the owner or governing board	1135
of the out-of-home care entity that is the subject of the report.	1136
The agency shall not provide witness statements or police or other	1137
investigative reports.	1138

(3) No later than three days after the day on which a public	1139
children services agency that conducted the investigation as	1140
determined pursuant to section 2151.422 of the Revised Code makes	1141
a disposition of an investigation involving a report of alleged	1142
child abuse or child neglect, or a report of an alleged threat of	1143
child abuse or child neglect, that allegedly occurred in or	1144
involved an out-of-home care entity, the agency shall send written	1145
notice of the disposition of the investigation to the	1146
administrator, director, or other chief administrative officer and	1147
the owner or governing board of the out-of-home care entity. The	1148
agency shall not provide witness statements or police or other	1149
investigative reports.	1150

Sec. 2305.11.  (A) An action for libel, slander, malicious	1151
prosecution, or false imprisonment, an action for malpractice	1152
other than an action upon a medical, dental, optometric, or	1153
chiropractic claim, or an action upon a statute for a penalty or	1154
forfeiture shall be commenced within one year after the cause of	1155
action accrued, provided that an action by an employee for the	1156
payment of unpaid minimum wages, unpaid overtime compensation, or	1157
liquidated damages by reason of the nonpayment of minimum wages or	1158
overtime compensation shall be commenced within two years after	1159
the cause of action accrued.	1160

(B) A civil action for unlawful abortion pursuant to section	1161
2919.12 of the Revised Code, a civil action authorized by	1162
division (H)(C) of section 2317.56 of the Revised Code, a civil	1163
action pursuant to division (B)(1) or (2) of section 2307.51	1164
2307.53 of the Revised Code for performing a dilation and	1165
extraction procedure or attempting to perform a dilation and	1166
extractionpartial birth procedure prior to the effective date of	1167
this amendment in violation of former section 2919.152919.151 of	1168
the Revised Code as it existed prior to the effective date of	1169
this amendment, and a civil action pursuant to division (B)(1) or	1170
(2) of section 2307.52 of the Revised Code for terminating or	1171
attempting to terminate a human pregnancy after viability prior	1172
to the effective date of this amendment in violation of division	1173
(A) or (B) of former section 2919.17 of the Revised Code as they	1174
existed prior to the effective date of this amendment, and a	1175
civil action pursuant to section 4731.91 or 5101.55 of the	1176
Revised Code shall be commenced within one year after the	1177
performance or inducement of the abortion, within one year after	1178
the attempt to perform or induce the abortion in violation of	1179
division (A) or (B) of former section 2919.17 of the Revised Code	1180
as it existed prior to the effective date of this amendment,	1181
within one year after the performance of the dilation and	1182
extractionpartial birth procedure, or, in the case of a civil	1183
action pursuant to division (B)(2) of section 2307.51 of the	1184
Revised Code, within one year after the attempt to perform the	1185
dilation and extraction procedurewithin one year after the	1186
conduct in violation of section 4731.91 or 5101.55 of the Revised	1187
Code, whichever is applicable.	1188

(C) As used in this section, "medical claim," "dental claim,"	1189
"optometric claim," and "chiropractic claim" have the same	1190
meanings as in section 2305.113 of the Revised Code.	1191

Sec. 2307.52.  (A) As used in this section:

1192

(1) "Frivolous conduct" has the same meaning as in section	1193
2323.51 of the Revised Code.	1194

(2) "Viable" has the same meaning as in former section	1195
2919.16 of the Revised Code as it existed prior to the effective	1196
date of this amendment.	1197

(B)(1) A woman upon whom, prior to the effective date of this	1198
amendment, an abortion is purposely performed or induced or	1199
attempted to be performed or induced in violation of division (A)	1200
of former section 2919.17 of the Revised Code as it existed prior	1201
to the effective date of this amendment has and may commence a	1202
civil action for compensatory damages, punitive or exemplary	1203
damages if authorized by section 2315.21 of the Revised Code, and	1204
court costs and reasonable attorney's fees against the person who	1205
purposely performed or induced or attempted to perform or induce	1206
the abortion in violation of division (A) of former section	1207
2919.17 of the Revised Code as it existed prior to the effective	1208
date of this amendment.	1209

(2) A woman upon whom, prior to the effective date of this	1210
amendment, an abortion is purposely performed or induced or	1211
attempted to be performed or induced in violation of division (B)	1212
of former section 2919.17 of the Revised Code as it existed prior	1213
to the effective date of this amendment has and may commence a	1214
civil action for compensatory damages, punitive or exemplary	1215
damages if authorized by section 2315.21 of the Revised Code, and	1216
court costs and reasonable attorney's fees against the person who	1217
purposely performed or induced or attempted to perform or induce	1218
the abortion in violation of division (B) of former section	1219
2919.17 of the Revised Code as it existed prior to the effective	1220
date of this amendment.	1221

(C) If a judgment is rendered in favor of the defendant in a	1222
civil action commenced pursuant to division (B)(1) or (2) of this	1223
section and the court finds, upon the filing of a motion under	1224
section 2323.51 of the Revised Code, that the commencement of the	1225
civil action constitutes frivolous conduct and that the defendant	1226
was adversely affected by the frivolous conduct, the court shall	1227
award in accordance with section 2323.51 of the Revised Code	1228
reasonable attorney's fees to the defendant.	1229

Sec. 2307.53.  (A) As used in this section:

1230

(1) "Frivolous conduct" has the same meaning as in section	1231
2323.51 of the Revised Code.	1232

(2) "Partial birth procedure" has the same meaning as in	1233
former section 2919.151 of the Revised Code as it existed prior to	1234
the effective date of this amendment.	1235

(B) A woman upon whom, prior to the effective date of this	1236
amendment, a partial birth procedure is performed in violation of	1237
division (B) or (C) of former section 2919.151 of the Revised Code	1238
as it existed prior to the effective date of this amendment, the	1239
father of the child if the child was not conceived by rape, or the	1240
parent of the woman if the woman is not eighteen years of age or	1241
older at the time of the violation has and may commence a civil	1242
action for compensatory damages, punitive or exemplary damages if	1243
authorized by section 2315.21 of the Revised Code, and court costs	1244
and reasonable attorney's fees against the person who committed	1245
the violation.	1246

(C) If a judgment is rendered in favor of the defendant in a	1247
civil action commenced pursuant to division (B) of this section	1248
and the court finds, upon the filing of a motion under section	1249
2323.51 of the Revised Code, that the commencement of the civil	1250
action constitutes frivolous conduct and that the defendant was	1251
adversely affected by the frivolous conduct, the court shall award	1252
in accordance with section 2323.51 of the Revised Code reasonable	1253
attorney's fees to the defendant.	1254

Sec. 2317.56.  (A) As used in this section:

1255

(1) "Medical emergency" means a condition of a pregnant woman	1256
that, in the reasonable judgment of the physician who is attending	1257
the woman, creates an immediate threat of serious risk to the life	1258
or physical health of the woman from the continuation of the	1259
pregnancy necessitating the immediate performance or inducement of	1260
an abortion.	1261

(2) "Medical necessity" means a medical condition of a	1262
pregnant woman that, in the reasonable judgment of the physician	1263
who is attending the woman, so complicates the pregnancy that it	1264
necessitates the immediate performance or inducement of an	1265
abortion.	1266

(3) "Probable gestational age of the embryo or fetus" means	1267
the gestational age that, in the judgment of a physician, is, with	1268
reasonable probability, the gestational age of the embryo or fetus	1269
at the time that the physician informs a pregnant woman pursuant	1270
to division (B)(1)(b) of this section.	1271

(B) Except when there is a medical emergency or medical	1272
necessity, an abortion shall be performed or induced only if all	1273
of the following conditions are satisfied:	1274

(1) At least twenty-four hours prior to the performance or	1275
inducement of the abortion, a physician meets with the pregnant	1276
woman in person in an individual, private setting and gives her an	1277
adequate opportunity to ask questions about the abortion that will	1278
be performed or induced. At this meeting, the physician shall	1279
inform the pregnant woman, verbally or, if she is hearing	1280
impaired, by other means of communication, of all of the	1281
following:	1282

(a) The nature and purpose of the particular abortion	1283
procedure to be used and the medical risks associated with that	1284
procedure;	1285

(b) The probable gestational age of the embryo or fetus;

1286

(c) The medical risks associated with the pregnant woman	1287
carrying the pregnancy to term.	1288

The meeting need not occur at the facility where the abortion	1289
is to be performed or induced, and the physician involved in the	1290
meeting need not be affiliated with that facility or with the	1291
physician who is scheduled to perform or induce the abortion.	1292

(2) At least twenty-four hours prior to the performance or	1293
inducement of the abortion, one or more physicians or one or more	1294
agents of one or more physicians do each of the following in	1295
person, by telephone, by certified mail, return receipt requested,	1296
or by regular mail evidenced by a certificate of mailing:	1297

(a) Inform the pregnant woman of the name of the physician	1298
who is scheduled to perform or induce the abortion;	1299

(b) Give the pregnant woman copies of the published materials	1300
described in division (C) of this section;	1301

(c) Inform the pregnant woman that the materials given	1302
pursuant to division (B)(2)(b) of this section are provided by the	1303
state and that they describe the embryo or fetus and list agencies	1304
that offer alternatives to abortion. The pregnant woman may choose	1305
to examine or not to examine the materials. A physician or an	1306
agent of a physician may choose to be disassociated from the	1307
materials and may choose to comment or not comment on the	1308
materials.	1309

(3) Prior to the performance or inducement of the abortion,	1310
the pregnant woman signs a form consenting to the abortion and	1311
certifies both of the following on that form:	1312

(a) She has received the information and materials described	1313
in divisions (B)(1) and (2) of this section, and her questions	1314
about the abortion that will be performed or induced have been	1315
answered in a satisfactory manner.	1316

(b) She consents to the particular abortion voluntarily,	1317
knowingly, intelligently, and without coercion by any person, and	1318
she is not under the influence of any drug of abuse or alcohol.	1319

(4) Prior to the performance or inducement of the abortion,	1320
the physician who is scheduled to perform or induce the abortion	1321
or the physician's agent receives a copy of the pregnant woman's	1322
signed form on which she consents to the abortion and that	1323
includes the certification required by division (B)(3) of this	1324
section.	1325

(C) The department of health shall cause to be published in	1326
English and in Spanish, in a typeface large enough to be clearly	1327
legible, and in an easily comprehensible format, the following	1328
materials:	1329

(1) Materials that inform the pregnant womanwomen about	1330
family planning information, of publicly funded agencies that are	1331
available to assist in family planning, and of public and private	1332
agencies and services that are available to assist herthem	1333
through thetheir pregnancy, upon childbirth, and while thetheir	1334
child is dependent, including, but not limited to, adoption	1335
agencies. The materials shall be geographically indexed; include a	1336
comprehensive list of the available agencies, a description of the	1337
services offered by the agencies, and the telephone numbers and	1338
addresses of the agencies; and inform the pregnant womanwomen	1339
about available medical assistance benefits for prenatal care,	1340
childbirth, and neonatal care and about the support obligations of	1341
the father of a child who is born alive. The department shall	1342
ensure that the materials described in division (C)(A)(1) of this	1343
section are comprehensive and do not directly or indirectly	1344
promote, exclude, or discourage the use of any agency or service	1345
described in this division.	1346

(2) Materials that inform the pregnant womanwomen of the	1347
probable anatomical and physiological characteristics of thetheir	1348
zygote, blastocyte, embryo, or fetus at two-week gestational	1349
increments for the first sixteen weeks of pregnancy and at	1350
four-week gestational increments from the seventeenth week of	1351
pregnancy to full term, including any relevant information	1352
regarding the time at which thetheir fetus possibly would be	1353
viable. The department shall cause these materials to be	1354
published only after it consults with the Ohio state medical	1355
association and the Ohio section of the American college of	1356
obstetricians and gynecologists relative to the probable	1357
anatomical and physiological characteristics of a zygote,	1358
blastocyte, embryo, or fetus at the various gestational	1359
increments. The materials shall use language that is	1360
understandable by the average person who is not medically trained,	1361
shall be objective and nonjudgmental, and shall include only	1362
accurate scientific information about the zygote, blastocyte,	1363
embryo, or fetus at the various gestational increments. If the	1364
materials use a pictorial, photographic, or other depiction to	1365
provide information regarding the zygote, blastocyte, embryo, or	1366
fetus, the materials shall include, in a conspicuous manner, a	1367
scale or other explanation that is understandable by the average	1368
person and that can be used to determine the actual size of the	1369
zygote, blastocyte, embryo, or fetus at a particular gestational	1370
increment as contrasted with the depicted size of the zygote,	1371
blastocyte, embryo, or fetus at that gestational increment.	1372

(D)(B) Upon the submission of a request to the department of	1373
health by any person, hospital, physician, or medical facility for	1374
one or more copies of the materials published in accordance with	1375
division (C)(A) of this section, the department shall make the	1376
requested number of copies of the materials available to the	1377
person, hospital, physician, or medical facility that requested	1378
the copies.	1379

(E) If a medical emergency or medical necessity compels the	1380
performance or inducement of an abortion, the physician who will	1381
perform or induce the abortion, prior to its performance or	1382
inducement if possible, shall inform the pregnant woman of the	1383
medical indications supporting the physician's judgment that an	1384
immediate abortion is necessary. Any physician who performs or	1385
induces an abortion without the prior satisfaction of the	1386
conditions specified in division (B) of this section because of a	1387
medical emergency or medical necessity shall enter the reasons for	1388
the conclusion that a medical emergency or medical necessity	1389
exists in the medical record of the pregnant woman.	1390

(F) If the conditions specified in division (B) of this	1391
section are satisfied, consent to an abortion shall be presumed to	1392
be valid and effective.	1393

(G) The performance or inducement of an abortion without the	1394
prior satisfaction of the conditions specified in division (B) of	1395
this section does not constitute, and shall not be construed as	1396
constituting, a violation of division (A) of section 2919.12 of	1397
the Revised Code. The failure of a physician to satisfy the	1398
conditions of division (B) of this section prior to performing or	1399
inducing an abortion upon a pregnant woman may be the basis of	1400
both of the following:	1401

(1) A civil action for compensatory and exemplary damages as	1402
described in division (H) of this section;	1403

(2) Disciplinary action under section 4731.22 of the Revised	1404
Code.	1405

(H)(C)(1) Subject to divisions (H)division (C)(2) and (3) of	1406
this section, any physician who performs or induces an abortion	1407
with actual knowledge that the conditions specified in division	1408
(B) of this section have not been satisfied or with a heedless	1409
indifference as to whether those conditions have been satisfiedin	1410
violation of section 2919.12 of the Revised Code is liable in	1411
compensatory and exemplary damages in a civil action to the	1412
persons specified in division (C) of that section and to any	1413
person, or the representative of the estate of any person, who	1414
sustains injury, death, or loss to person or property as a result	1415
of the failure to satisfy those conditionsabortion. In the civil	1416
action, the court additionally may enter any injunctive or other	1417
equitable relief that it considers appropriate.	1418

(2) The following shall be affirmative defenses in a civil	1419
action authorized by division (H)(1) of this section:	1420

(a) The physician performed or induced the abortion under the	1421
circumstances described in division (E) of this section.	1422

(b) The physician made a good faith effort to satisfy the	1423
conditions specified in division (B) of this section.	1424

(c) The physician or an agent of the physician requested	1425
copies of the materials published in accordance with division (C)	1426
of this section from the department of health, but the physician	1427
was not able to give a pregnant woman copies of the materials	1428
pursuant to division (B)(2) of this section and to obtain a	1429
certification as described in divisions (B)(3) and (4) of this	1430
section because the department failed to make the requested number	1431
of copies available to the physician or agent in accordance with	1432
division (D) of this section.	1433

(3) An employer or other principal is not liable in damages	1434
in a civil action authorized by division (H)(C)(1) of this section	1435
on the basis of the doctrine of respondeat superior unless either	1436
of the following applies:	1437

(a) The employer or other principal had actual knowledge or,	1438
by the exercise of reasonable diligence, should have known that an	1439
employee or agent performed or induced an abortion with actual	1440
knowledge that the conditions specified in division (B) of thisin	1441
violation of section had not been satisfied or with a heedless	1442
indifference as to whether those conditions had been satisfied	1443
2919.12 of the Revised Code.	1444

(b) The employer or other principal negligently failed to	1445
secure the compliance of an employee or agent with division (B) of	1446
this section.	1447

(4) Notwithstanding division (E) of section 2919.12 of the	1448
Revised Code, the civil action authorized by division (H)(1) of	1449
this section shall be the exclusive civil remedy for persons, or	1450
the representatives of estates of persons, who allegedly sustain	1451
injury, death, or loss to person or property as a result of a	1452
failure to satisfy the conditions specified in division (B) of	1453
this section.	1454

(I)(D) The department of job and family services shall	1455
prepare and conduct a public information program to inform women	1456
of all available governmental programs and agencies that provide	1457
services or assistance for family planning, prenatal care, child	1458
care, or alternatives to abortion.	1459

Sec. 2505.02.  (A) As used in this section:

1460

(1) "Substantial right" means a right that the United States	1461
Constitution, the Ohio Constitution, a statute, the common law, or	1462
a rule of procedure entitles a person to enforce or protect.	1463

(2) "Special proceeding" means an action or proceeding that	1464
is specially created by statute and that prior to 1853 was not	1465
denoted as an action at law or a suit in equity.	1466

(3) "Provisional remedy" means a proceeding ancillary to an	1467
action, including, but not limited to, a proceeding for a	1468
preliminary injunction, attachment, discovery of privileged	1469
matter, suppression of evidence, a prima-facie showing pursuant	1470
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie	1471
showing pursuant to section 2307.92 of the Revised Code, or a	1472
finding made pursuant to division (A)(3) of section 2307.93 of the	1473
Revised Code.	1474

(B) An order is a final order that may be reviewed, affirmed,	1475
modified, or reversed, with or without retrial, when it is one of	1476
the following:	1477

(1) An order that affects a substantial right in an action	1478
that in effect determines the action and prevents a judgment;	1479

(2) An order that affects a substantial right made in a	1480
special proceeding or upon a summary application in an action	1481
after judgment;	1482

(3) An order that vacates or sets aside a judgment or grants	1483
a new trial;	1484

(4) An order that grants or denies a provisional remedy and	1485
to which both of the following apply:	1486

(a) The order in effect determines the action with respect to	1487
the provisional remedy and prevents a judgment in the action in	1488
favor of the appealing party with respect to the provisional	1489
remedy.	1490

(b) The appealing party would not be afforded a meaningful or	1491
effective remedy by an appeal following final judgment as to all	1492
proceedings, issues, claims, and parties in the action.	1493

(5) An order that determines that an action may or may not be	1494
maintained as a class action;	1495

(6) An order determining the constitutionality of any changes	1496
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	1497
assembly, including the amendment of sections 1751.67, 2117.06,	1498
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	1499
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	1500
3923.64, 4705.15, and 5111.018, and the enactment of sections	1501
2305.113, 2323.41, 2323.43, and 2323.55, and the amendment of	1502
former section 2919.16 of the Revised Code or any changes made by	1503
Sub. S.B. 80 of the 125th general assembly, including the	1504
amendment of sections 2125.02, 2305.10, 2305.131, 2315.18,	1505
2315.19, and 2315.21 of the Revised Code.	1506

(C) When a court issues an order that vacates or sets aside a	1507
judgment or grants a new trial, the court, upon the request of	1508
either party, shall state in the order the grounds upon which the	1509
new trial is granted or the judgment vacated or set aside.	1510

(D) This section applies to and governs any action, including	1511
an appeal, that is pending in any court on July 22, 1998, and all	1512
claims filed or actions commenced on or after July 22, 1998,	1513
notwithstanding any provision of any prior statute or rule of law	1514
of this state.	1515

Sec. 2901.01.  (A) As used in the Revised Code:

1516

(1) "Force" means any violence, compulsion, or constraint	1517
physically exerted by any means upon or against a person or thing.	1518

(2) "Deadly force" means any force that carries a substantial	1519
risk that it will proximately result in the death of any person.	1520

(3) "Physical harm to persons" means any injury, illness, or	1521
other physiological impairment, regardless of its gravity or	1522
duration.	1523

(4) "Physical harm to property" means any tangible or	1524
intangible damage to property that, in any degree, results in loss	1525
to its value or interferes with its use or enjoyment. "Physical	1526
harm to property" does not include wear and tear occasioned by	1527
normal use.	1528

(5) "Serious physical harm to persons" means any of the	1529
following:	1530

(a) Any mental illness or condition of such gravity as would	1531
normally require hospitalization or prolonged psychiatric	1532
treatment;	1533

(b) Any physical harm that carries a substantial risk of	1534
death;	1535

(c) Any physical harm that involves some permanent	1536
incapacity, whether partial or total, or that involves some	1537
temporary, substantial incapacity;	1538

(d) Any physical harm that involves some permanent	1539
disfigurement or that involves some temporary, serious	1540
disfigurement;	1541

(e) Any physical harm that involves acute pain of such	1542
duration as to result in substantial suffering or that involves	1543
any degree of prolonged or intractable pain.	1544

(6) "Serious physical harm to property" means any physical	1545
harm to property that does either of the following:	1546

(a) Results in substantial loss to the value of the property	1547
or requires a substantial amount of time, effort, or money to	1548
repair or replace;	1549

(b) Temporarily prevents the use or enjoyment of the property	1550
or substantially interferes with its use or enjoyment for an	1551
extended period of time.	1552

(7) "Risk" means a significant possibility, as contrasted	1553
with a remote possibility, that a certain result may occur or that	1554
certain circumstances may exist.	1555

(8) "Substantial risk" means a strong possibility, as	1556
contrasted with a remote or significant possibility, that a	1557
certain result may occur or that certain circumstances may exist.	1558

(9) "Offense of violence" means any of the following:

1559

(a) A violation of section 2903.01, 2903.02, 2903.03,	1560
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	1561
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	1562
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	1563
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	1564
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	1565
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	1566
Revised Code or felonious sexual penetration in violation of	1567
former section 2907.12 of the Revised Code;	1568

(b) A violation of an existing or former municipal ordinance	1569
or law of this or any other state or the United States,	1570
substantially equivalent to any section, division, or offense	1571
listed in division (A)(9)(a) of this section;	1572

(c) An offense, other than a traffic offense, under an	1573
existing or former municipal ordinance or law of this or any other	1574
state or the United States, committed purposely or knowingly, and	1575
involving physical harm to persons or a risk of serious physical	1576
harm to persons;	1577

(d) A conspiracy or attempt to commit, or complicity in	1578
committing, any offense under division (A)(9)(a), (b), or (c) of	1579
this section.	1580

(10)(a) "Property" means any property, real or personal,	1581
tangible or intangible, and any interest or license in that	1582
property. "Property" includes, but is not limited to, cable	1583
television service, other telecommunications service,	1584
telecommunications devices, information service, computers, data,	1585
computer software, financial instruments associated with	1586
computers, other documents associated with computers, or copies of	1587
the documents, whether in machine or human readable form, trade	1588
secrets, trademarks, copyrights, patents, and property protected	1589
by a trademark, copyright, or patent. "Financial instruments	1590
associated with computers" include, but are not limited to,	1591
checks, drafts, warrants, money orders, notes of indebtedness,	1592
certificates of deposit, letters of credit, bills of credit or	1593
debit cards, financial transaction authorization mechanisms,	1594
marketable securities, or any computer system representations of	1595
any of them.	1596

(b) As used in division (A)(10) of this section, "trade	1597
secret" has the same meaning as in section 1333.61 of the Revised	1598
Code, and "telecommunications service" and "information service"	1599
have the same meanings as in section 2913.01 of the Revised Code.	1600

(c) As used in divisions (A)(10) and (13) of this section,	1601
"cable television service," "computer," "computer software,"	1602
"computer system," "computer network," "data," and	1603
"telecommunications device" have the same meanings as in section	1604
2913.01 of the Revised Code.	1605

(11) "Law enforcement officer" means any of the following:

1606

(a) A sheriff, deputy sheriff, constable, police officer of a	1607
township or joint township police district, marshal, deputy	1608
marshal, municipal police officer, member of a police force	1609
employed by a metropolitan housing authority under division (D) of	1610
section 3735.31 of the Revised Code, or state highway patrol	1611
trooper;	1612

(b) An officer, agent, or employee of the state or any of its	1613
agencies, instrumentalities, or political subdivisions, upon whom,	1614
by statute, a duty to conserve the peace or to enforce all or	1615
certain laws is imposed and the authority to arrest violators is	1616
conferred, within the limits of that statutory duty and authority;	1617

(c) A mayor, in the mayor's capacity as chief conservator of	1618
the peace within the mayor's municipal corporation;	1619

(d) A member of an auxiliary police force organized by	1620
county, township, or municipal law enforcement authorities, within	1621
the scope of the member's appointment or commission;	1622

(e) A person lawfully called pursuant to section 311.07 of	1623
the Revised Code to aid a sheriff in keeping the peace, for the	1624
purposes and during the time when the person is called;	1625

(f) A person appointed by a mayor pursuant to section 737.01	1626
of the Revised Code as a special patrolling officer during riot or	1627
emergency, for the purposes and during the time when the person is	1628
appointed;	1629

(g) A member of the organized militia of this state or the	1630
armed forces of the United States, lawfully called to duty to aid	1631
civil authorities in keeping the peace or protect against domestic	1632
violence;	1633

(h) A prosecuting attorney, assistant prosecuting attorney,	1634
secret service officer, or municipal prosecutor;	1635

(i) A veterans' home police officer appointed under section	1636
5907.02 of the Revised Code;	1637

(j) A member of a police force employed by a regional transit	1638
authority under division (Y) of section 306.35 of the Revised	1639
Code;	1640

(k) A special police officer employed by a port authority	1641
under section 4582.04 or 4582.28 of the Revised Code;	1642

(l) The house of representatives sergeant at arms if the	1643
house of representatives sergeant at arms has arrest authority	1644
pursuant to division (E)(1) of section 101.311 of the Revised Code	1645
and an assistant house of representatives sergeant at arms;	1646

(m) A special police officer employed by a municipal	1647
corporation at a municipal airport, or other municipal air	1648
navigation facility, that has scheduled operations, as defined in	1649
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1650
C.F.R. 119.3, as amended, and that is required to be under a	1651
security program and is governed by aviation security rules of the	1652
transportation security administration of the United States	1653
department of transportation as provided in Parts 1542. and 1544.	1654
of Title 49 of the Code of Federal Regulations, as amended.	1655

(12) "Privilege" means an immunity, license, or right	1656
conferred by law, bestowed by express or implied grant, arising	1657
out of status, position, office, or relationship, or growing out	1658
of necessity.	1659

(13) "Contraband" means any property that is illegal for a	1660
person to acquire or possess under a statute, ordinance, or rule,	1661
or that a trier of fact lawfully determines to be illegal to	1662
possess by reason of the property's involvement in an offense.	1663
"Contraband" includes, but is not limited to, all of the	1664
following:	1665

(a) Any controlled substance, as defined in section 3719.01	1666
of the Revised Code, or any device or paraphernalia;	1667

(b) Any unlawful gambling device or paraphernalia;

1668

(c) Any dangerous ordnance or obscene material.

1669

(14) A person is "not guilty by reason of insanity" relative	1670
to a charge of an offense only if the person proves, in the manner	1671
specified in section 2901.05 of the Revised Code, that at the time	1672
of the commission of the offense, the person did not know, as a	1673
result of a severe mental disease or defect, the wrongfulness of	1674
the person's acts.	1675

(B)(1)(a) Subject to division (B)(2) of this section, as used	1676
in any section contained in Title XXIX of the Revised Code that	1677
sets forth a criminal offense, "person" includes all of the	1678
following:	1679

(i) An individual, corporation, business trust, estate,	1680
trust, partnership, and association;	1681

(ii) An unborn human who is viable.

1682

(b) As used in any section contained in Title XXIX of the	1683
Revised Code that does not set forth a criminal offense, "person"	1684
includes an individual, corporation, business trust, estate,	1685
trust, partnership, and association.	1686

(c) As used in division (B)(1)(a) of this section:

1687

(i) "Unborn human" means an individual organism of the	1688
species Homo sapiens from fertilization until live birth.	1689

(ii) "Viable" means the stage of development of a human fetus	1690
at which there is a realistic possibility of maintaining and	1691
nourishing of a life outside the womb with or without temporary	1692
artificial life-sustaining support.	1693

(2) Notwithstanding division (B)(1)(a) of this section, in no	1694
case shall the portion of the definition of the term "person" that	1695
is set forth in division (B)(1)(a)(ii) of this section be applied	1696
or construed in any section contained in Title XXIX of the Revised	1697
Code that sets forth a criminal offense in any of the following	1698
manners:	1699

(a) Except as otherwise provided in division (B)(2)(a) of	1700
this section, in a manner so that the offense prohibits or is	1701
construed as prohibiting any pregnant woman or her physician from	1702
performing an abortion with the consent of the pregnant woman,	1703
with the consent of the pregnant woman implied by law in a medical	1704
emergency, or with the approval of one otherwise authorized by law	1705
to consent to medical treatment on behalf of the pregnant woman.	1706
An abortion that violates the conditions described in the	1707
immediately preceding sentence may be punished as a violation of	1708
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	1709
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	1710
of the Revised Code, as applicable. An abortion that does not	1711
violate the conditions described in the second immediately	1712
preceding sentence, but that does violate section 2919.12,	1713
division (B) of section 2919.13, or section 2919.151, 2919.17, or	1714
2919.18 of the Revised Code, may be punished as a violation of	1715
section 2919.12, division (B) of section 2919.13, or section	1716
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	1717
Consent is sufficient under this division if it is of the type	1718
otherwise adequate to permit medical treatment to the pregnant	1719
woman, even if it does not comply with section 2919.12 of the	1720
Revised Code.	1721

(b) In a manner so that the offense is applied or is	1722
construed as applying to a woman based on an act or omission of	1723
the woman that occurs while she is or was pregnant and that	1724
results in any of the following:	1725

(i)(a) Her delivery of a stillborn baby;

1726

(ii)(b) Her causing, in any other manner, the death in utero	1727
of a viable, unborn human that she is carrying;	1728

(iii)(c) Her causing the death of her child who is born alive	1729
but who dies from one or more injuries that are sustained while	1730
the child is a viable, unborn human;	1731

(iv)(d) Her causing her child who is born alive to sustain	1732
one or more injuries while the child is a viable, unborn human;	1733

(v)(e) Her causing, threatening to cause, or attempting to	1734
cause, in any other manner, an injury, illness, or other	1735
physiological impairment, regardless of its duration or gravity,	1736
or a mental illness or condition, regardless of its duration or	1737
gravity, to a viable, unborn human that she is carrying.	1738

(C) As used in Title XXIX of the Revised Code:

1739

(1) "School safety zone" consists of a school, school	1740
building, school premises, school activity, and school bus.	1741

(2) "School," "school building," and "school premises" have	1742
the same meanings as in section 2925.01 of the Revised Code.	1743

(3) "School activity" means any activity held under the	1744
auspices of a board of education of a city, local, exempted	1745
village, joint vocational, or cooperative education school	1746
district; a governing authority of a community school established	1747
under Chapter 3314. of the Revised Code; a governing board of an	1748
educational service center, or the governing body of a school for	1749
which the state board of education prescribes minimum standards	1750
under section 3301.07 of the Revised Code.	1751

(4) "School bus" has the same meaning as in section 4511.01	1752
of the Revised Code.	1753

Sec. 2903.09.  As used in sections 2903.01 to 2903.08,	1754
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code:	1755

(A) "Unlawful termination of another's pregnancy" means	1756
causing the death of an unborn member of the species homo sapiens,	1757
who is or was carried in the womb of another, as a result of	1758
injuries inflicted during the period that begins with	1759
fertilization and that continues unless and until live birth	1760
occurs.	1761

(B) "Another's unborn" or "such other person's unborn" means	1762
a member of the species homo sapiens, who is or was carried in the	1763
womb of another, during a period that begins with fertilization	1764
and that continues unless and until live birth occurs.	1765

(C) Notwithstanding divisions (A) and (B) of this section, in	1766
no case shall the definitions of the terms "unlawful termination	1767
of another's pregnancy," "another's unborn," and "such other	1768
person's unborn" that are set forth in division (A) of this	1769
section be applied or construed in any of the following manners:	1770

(1) Except as otherwise provided in division (C)(1) of this	1771
section, in a manner so that the offense prohibits or is construed	1772
as prohibiting any pregnant woman or her physician from performing	1773
an abortion with the actual consent of the pregnant woman, with	1774
the consent of the pregnant woman implied by law in a medical	1775
emergency, or with the approval of one otherwise authorized by law	1776
to consent to medical treatment on behalf of the pregnant woman.	1777
An abortion that violates the conditions described in the	1778
immediately preceding sentence may be punished as a violation of	1779
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	1780
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	1781
of the Revised Code, as applicable. An abortion that does not	1782
violate the conditions described in the second immediately	1783
preceding sentence, but that does violate section 2919.12,	1784
division (B) of section 2919.13, or section 2919.151, 2919.17, or	1785
2919.18 of the Revised Code, may be punished as a violation of	1786
section 2919.12, division (B) of section 2919.13, or section	1787
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	1788

(2) In a manner so that the offense is applied or is	1789
construed as applying to a woman based on an act or omission of	1790
the woman that occurs while she is or was pregnant and that	1791
results in any of the following:	1792

(a)(1) Her delivery of a stillborn baby;

1793

(b)(2) Her causing, in any other manner, the death in utero	1794
of an unborn that she is carrying;	1795

(c)(3) Her causing the death of her child who is born alive	1796
but who dies from one or more injuries that are sustained while	1797
the child is an unborn;	1798

(d)(4) Her causing her child who is born alive to sustain one	1799
or more injuries while the child is an unborn;	1800

(e)(5) Her causing, threatening to cause, or attempting to	1801
cause, in any other manner, an injury, illness, or other	1802
physiological impairment, regardless of its duration or gravity,	1803
or a mental illness or condition, regardless of its duration or	1804
gravity, to an unborn that she is carrying.	1805

Sec. 2919.12.  (A) No person shall perform or induce an	1806
abortion without the informed consent of the pregnant woman.	1807

(B)(1)(a) No person shall knowingly perform or induce an	1808
abortion upon a woman who is pregnant, unmarried, under eighteen	1809
years of age, and unemancipated unless at least one of the	1810
following applies:	1811

(i) Subject to division (B)(2) of this section, the person	1812
has given at least twenty-four hours actual notice, in person or	1813
by telephone, to one of the woman's parents, her guardian, or her	1814
custodian as to the intention to perform or induce the abortion,	1815
provided that if the woman has requested, in accordance with	1816
division (B)(1)(b) of this section, that notice be given to a	1817
specified brother or sister of the woman who is twenty-one years	1818
of age or older or to a specified stepparent or grandparent of the	1819
woman instead of to one of her parents, her guardian, or her	1820
custodian, and if the person is notified by a juvenile court that	1821
affidavits of the type described in that division have been filed	1822
with that court, the twenty-four hours actual notice described in	1823
this division as to the intention to perform or induce the	1824
abortion shall be given, in person or by telephone, to the	1825
specified brother, sister, stepparent, or grandparent instead of	1826
to the parent, guardian, or custodian;	1827

(ii) One of the woman's parents, her guardian, or her	1828
custodian has consented in writing to the performance or	1829
inducement of the abortion;	1830

(iii) A juvenile court pursuant to section 2151.85 of the	1831
Revised Code issues an order authorizing the woman to consent to	1832
the abortion without notification of one of her parents, her	1833
guardian, or her custodian;	1834

(iv) A juvenile court or a court of appeals, by its inaction,	1835
constructively has authorized the woman to consent to the abortion	1836
without notification of one of her parents, her guardian, or her	1837
custodian under division (B)(1) of section 2151.85 or division (A)	1838
of section 2505.073 of the Revised Code.	1839

(b) If a woman who is pregnant, unmarried, under eighteen	1840
years of age, and unemancipated desires notification as to a	1841
person's intention to perform or induce an abortion on the woman	1842
to be given to a specified brother or sister of the woman who is	1843
twenty-one years of age or older or to a specified stepparent or	1844
grandparent of the woman instead of to one of her parents, her	1845
guardian, or her custodian, the person who intends to perform or	1846
induce the abortion shall notify the specified brother, sister,	1847
stepparent, or grandparent instead of the parent, guardian, or	1848
custodian for purposes of division (B)(1)(a)(i) of this section if	1849
all of the following apply:	1850

(i) The woman has requested the person to provide the	1851
notification to the specified brother, sister, stepparent, or	1852
grandparent, clearly has identified the specified brother, sister,	1853
stepparent, or grandparent and her relation to that person, and,	1854
if the specified relative is a brother or sister, has indicated	1855
the age of the brother or sister;	1856

(ii) The woman has executed an affidavit stating that she is	1857
in fear of physical, sexual, or severe emotional abuse from the	1858
parent, guardian, or custodian who otherwise would be notified	1859
under division (B)(1)(a)(i) of this section, and that the fear is	1860
based on a pattern of physical, sexual, or severe emotional abuse	1861
of her exhibited by that parent, guardian, or custodian, has filed	1862
the affidavit with the juvenile court of the county in which the	1863
woman has a residence or legal settlement, the juvenile court of	1864
any county that borders to any extent the county in which she has	1865
a residence or legal settlement, or the juvenile court of the	1866
county in which the hospital, clinic, or other facility in which	1867
the abortion would be performed or induced is located, and has	1868
given the court written notice of the name and address of the	1869
person who intends to perform or induce the abortion;	1870

(iii) The specified brother, sister, stepparent, or	1871
grandparent has executed an affidavit stating that the woman has	1872
reason to fear physical, sexual, or severe emotional abuse from	1873
the parent, guardian, or custodian who otherwise would be notified	1874
under division (B)(1)(a)(i) of this section, based on a pattern of	1875
physical, sexual, or severe emotional abuse of her by that parent,	1876
guardian, or custodian, and the woman or the specified brother,	1877
sister, stepparent, or grandparent has filed the affidavit with	1878
the juvenile court in which the affidavit described in division	1879
(B)(1)(b)(ii) of this section was filed;	1880

(iv) The juvenile court in which the affidavits described in	1881
divisions (B)(1)(b)(ii) and (iii) of this section were filed has	1882
notified the person that both of those affidavits have been filed	1883
with the court.	1884

(c) If an affidavit of the type described in division	1885
(B)(1)(b)(ii) of this section and an affidavit of the type	1886
described in division (B)(1)(b)(iii) of this section are filed	1887
with a juvenile court and the court has been provided with written	1888
notice of the name and address of the person who intends to	1889
perform or induce an abortion upon the woman to whom the	1890
affidavits pertain, the court promptly shall notify the person who	1891
intends to perform or induce the abortion that the affidavits have	1892
been filed. If possible, the notice to the person shall be given	1893
in person or by telephone.	1894

(2) If division (B)(1)(a)(ii), (iii), or (iv) of this section	1895
does not apply, and if no parent, guardian, or custodian can be	1896
reached for purposes of division (B)(1)(a)(i) of this section	1897
after a reasonable effort, or if notification is to be given to a	1898
specified brother, sister, stepparent, or grandparent under that	1899
division and the specified brother, sister, stepparent, or	1900
grandparent cannot be reached for purposes of that division after	1901
a reasonable effort, no person shall perform or induce such an	1902
abortion without giving at least forty-eight hours constructive	1903
notice to one of the woman's parents, her guardian, or her	1904
custodian, by both certified and ordinary mail sent to the last	1905
known address of the parent, guardian, or custodian, or if	1906
notification for purposes of division (B)(1)(a)(i) of this section	1907
is to be given to a specified brother, sister, stepparent, or	1908
grandparent, without giving at least forty-eight hours	1909
constructive notice to that specified brother, sister, stepparent,	1910
or grandparent by both certified and ordinary mail sent to the	1911
last known address of that specified brother, sister, stepparent,	1912
or grandparent. The forty-eight-hour period under this division	1913
begins when the certified mail notice is mailed. If a parent,	1914
guardian, or custodian of the woman, or if notification under	1915
division (B)(1)(a)(i) of this section is to be given to a	1916
specified brother, sister, stepparent, or grandparent, the	1917
specified brother, sister, stepparent, or grandparent, is not	1918
reached within the forty-eight-hour period, the abortion may	1919
proceed even if the certified mail notice is not received.	1920

(3) If a parent, guardian, custodian, or specified brother,	1921
sister, stepparent, or grandparent who has been notified in	1922
accordance with division (B)(1) or (2) of this section clearly and	1923
unequivocally expresses that he or she does not wish to consult	1924
with a pregnant woman prior to her abortion, then the abortion may	1925
proceed without any further waiting period.	1926

(4) For purposes of prosecutions for a violation of division	1927
(B)(1) or (2) of this section, it shall be a rebuttable	1928
presumption that a woman who is unmarried and under eighteen years	1929
of age is unemancipated.	1930

(C)(1) It is an affirmative defense to a charge under	1931
division (B)(1) or (2) of this section that the pregnant woman	1932
provided the person who performed or induced the abortion with	1933
false, misleading, or incorrect information about her age, marital	1934
status, or emancipation, about the age of a brother or sister to	1935
whom she requested notice be given as a specified relative instead	1936
of to one of her parents, her guardian, or her custodian, or about	1937
the last known address of either of her parents, her guardian, her	1938
custodian, or a specified brother, sister, stepparent, or	1939
grandparent to whom she requested notice be given and the person	1940
who performed or induced the abortion did not otherwise have	1941
reasonable cause to believe the pregnant woman was under eighteen	1942
years of age, unmarried, or unemancipated, to believe that the age	1943
of a brother or sister to whom she requested notice be given as a	1944
specified relative instead of to one of her parents, her guardian,	1945
or her custodian was not twenty-one years of age, or to believe	1946
that the last known address of either of her parents, her	1947
guardian, her custodian, or a specified brother, sister,	1948
stepparent, or grandparent to whom she requested notice be given	1949
was incorrect.	1950

(2) It is an affirmative defense to a charge under this	1951
section that compliance with the requirements of this section was	1952
not possible because an immediate threat of serious risk to the	1953
life or physical health of the pregnant woman from the	1954
continuation of her pregnancy created an emergency necessitating	1955
the immediate performance or inducement of an abortion.	1956

(D) Whoever violates division (A) of this section is guilty	1957
of unlawful abortion. A violation of division (A) of this section	1958
is a misdemeanor of the first degree on the first offense and a	1959
felony of the fourth degree on each subsequent offense. A	1960
violation of division (B) of this section is a misdemeanor of the	1961
first degree on a first offense and a felony of the fifth degree	1962
on each subsequent offenseUnlawful abortion is a felony of the	1963
second degree or, if the offender previously has been convicted	1964
of or pleaded guilty to a violation of this section, sections	1965
2919.123, 2919.13, or 2919.14 of the Revised Code, or former	1966
sections 2919.121, 2919.151, 2919.17, or 2919.18 of the Revised	1967
Code as they existed prior to the effective date of this	1968
amendment, a felony of the first degree.	1969

(E)(C) Whoever violates this section is liable to the	1970
pregnant woman, to the person who was the father of the fetus or	1971
embryo that was the subject of the abortion, and, if the pregnant	1972
woman was a minor at the time of the abortion, to her parents,	1973
guardian, or custodian for civil compensatory and exemplary	1974
damages.	1975

(F) As used in this section "unemancipated" means that a	1976
woman who is unmarried and under eighteen years of age has not	1977
entered the armed services of the United States, has not become	1978
employed and self-subsisting, or has not otherwise become	1979
independent from the care and control of her parent, guardian, or	1980
custodian.	1981

(D) Division (A) of this section does not apply to a person	1982
who provides medical treatment to a pregnant woman to prevent the	1983
death of the pregnant woman and who, as a proximate result of the	1984
provision of that medical treatment but without intent to do so,	1985
causes the termination of the pregnant woman's pregnancy.	1986

Sec. 2919.123. (A) No person shall knowingly give, sell,	1987
dispense, administer, otherwise provide, or prescribe RU-486	1988
(mifepristone) to another for the purpose of inducing an abortion	1989
in any person or enabling the other person to induce an abortion	1990
in any person, unless the person who gives, sells, dispenses,	1991
administers, or otherwise provides or prescribes the RU-486	1992
(mifepristone) is a physician, the physician satisfies all the	1993
criteria established by federal law that a physician must satisfy	1994
in order to provide RU-486 (mifepristone) for inducing abortions,	1995
and the physician provides the RU-486 (mifepristone) to the other	1996
person for the purpose of inducing an abortion in accordance with	1997
all provisions of federal law that govern the use of RU-486	1998
(mifepristone) for inducing abortions. A person who gives, sells,	1999
dispenses, administers, otherwise provides, or prescribes RU-486	2000
(mifepristone) to another as described in division (A) of this	2001
section shall not be prosecuted based on a violation of the	2002
criteria contained in this division unless the person knows that	2003
the person is not a physician, that the person did not satisfy all	2004
the specified criteria established by federal law, or that the	2005
person did not provide the RU-486 (mifepristone) in accordance	2006
with the specified provisions of federal law, whichever is	2007
applicable.	2008

(B) No physician who provides, prior to the effective date of	2009
this amendment, provided RU-486 (mifepristone) to another for the	2010
purpose of inducing an abortion as formerly authorized under	2011
division (A) of this section as it existed prior to the effective	2012
date of this amendment shall knowingly fail to comply with the	2013
applicable requirements of any federal law that pertainpertained	2014
to follow-up examinations or care for persons to whom or for whom	2015
RU-486 (mifepristone) iswas provided for the purpose of inducing	2016
an abortion.	2017

(C)(1) If a physician provides RU-486 (mifepristone) to	2018
another for the purpose of inducing an abortion as authorized	2019
under division (A) of this section and if the physician knows that	2020
the person who uses the RU-486 (mifepristone) for the purpose of	2021
inducing an abortion experiences during or after the use an	2022
incomplete abortion, severe bleeding, or an adverse reaction to	2023
the RU-486 (mifepristone) or is hospitalized, receives a	2024
transfusion, or experiences any other serious event, the physician	2025
promptly must provide a written report of the incomplete abortion,	2026
severe bleeding, adverse reaction, hospitalization, transfusion,	2027
or serious event to the state medical board. The state medical	2028
board shall compile and retain all reports it receives under this	2029
division (C)(1) of this section as it existed prior to the	2030
effective date of this amendment. Except as otherwise provided in	2031
this division, all reports the board receives under this division	2032
(C)(1) of this section as it existed prior to the effective date	2033
of this amendment are public records open to inspection under	2034
section 149.43 of the Revised Code. In no case shall the board	2035
release to any person the name or any other personal identifying	2036
information regarding a person who uses RU-486 (mifepristone) for	2037
the purpose of inducing an abortion and who is the subject of a	2038
report the board receives under this division (C)(1) of this	2039
section as it existed prior to the effective date of this	2040
amendment.	2041

(2) No physician who provides RU-486 (mifepristone) to	2042
another for the purpose of inducing an abortion as formerly	2043
authorized under division (A) of this section as it existed prior	2044
to the effective date of this amendment shall knowingly fail to	2045
file a report required under division (C)(1) of this section.	2046

(D) Division (A) of this section does not apply to any of	2047
the following:	2048

(1) A pregnant woman who obtains or possesses RU-486	2049
(mifepristone) for the purpose of inducing an abortion to	2050
terminate her own pregnancy;	2051

(2) The legal transport of RU-486 (mifepristone) by any	2052
person or entity and the legal delivery of the RU-486	2053
(mifepristone) by any person to the recipient, provided that this	2054
division does not apply regarding any conduct related to the	2055
RU-486 (mifepristone) other than its transport and delivery to the	2056
recipient;	2057

(3) The distribution, provision, or sale of RU-486	2058
(mifepristone) by any legal manufacturer or distributor of RU-486	2059
(mifepristone), provided the manufacturer or distributor made a	2060
good faith effort to comply with any applicable requirements of	2061
federal law regarding the distribution, provision, or sale.	2062

(E) Whoever violates this section is guilty of unlawful	2063
distribution of an abortion-inducing drug,. Unlawful distribution	2064
of an abortion-inducing drug is a felony of the fourthsecond	2065
degree. Ifor, if the offender previously has been convicted of or	2066
pleaded guilty to a violation of this section or of, section	2067
2919.12, 2919.121, 2919.13, or 2919.14 of the Revised Code, or	2068
former section 2929.121, 2919.151, 2919.17, or 2919.18 of the	2069
Revised Code as they existed prior to the date of this amendment,	2070
unlawful distribution of an abortion-inducing drug is a felony of	2071
the thirdfirst degree.	2072

If the offender is a professionally licensed person, in	2073
addition to any other sanction imposed by law for the offense, the	2074
offender is subject to sanctioning as provided by law by the	2075
regulatory or licensing board or agency that has the	2076
administrative authority to suspend or revoke the offender's	2077
professional license, including the sanctioning provided in	2078
section 4731.22 of the Revised Code for offenders who have a	2079
certificate to practice or certificate of registration issued	2080
under that chapter.	2081

(F)(E) As used in this section:

2082

(1) "Federal law" means any law, rule, or regulation of the	2083
United States or any drug approval letter of the food and drug	2084
administration of the United States that governs or regulates the	2085
use of RU-486 (mifepristone) for the purpose of inducing	2086
abortions.	2087

(2) "Personal identifying information" has the same meaning	2088
as in section 2913.49 of the Revised Code.	2089

(3) "Physician" has the same meaning as in section 2305.113	2090
of the Revised Code.	2091

(4)(3) "Professionally licensed person" has the same meaning	2092
as in section 2925.01 of the Revised Code.	2093

Sec. 2919.13.  (A) No person shall purposely take the life of	2094
a child born by attempted abortion who is alive when removed from	2095
the uterus of the pregnant woman.	2096

(B) No person who performs an abortion prior to the effective	2097
date of this amendment or who, on or after the effective date of	2098
this amendment, performs or induces an abortion in violation of	2099
section 2919.12 or administers RU-486 (mifepristone) to another	2100
for the purpose of inducing an abortion in violation of section	2101
2919.123 of the Revised Code, shall fail to take the measures	2102
required by the exercise of medical judgment in light of the	2103
attending circumstances to preserve the life of a child who is	2104
alive when removed from the uterus of the pregnant woman.	2105

(C) Whoever violates this section is guilty of abortion	2106
manslaughter, a felony of the first degree.	2107

Sec. 2919.14.  (A) No person shall experiment upon or sell	2108
the product of human conception which is aborted. Experiment does	2109
not include autopsies pursuant to sections 313.13 and 2108.50 of	2110
the Revised Code.	2111

(B) Whoever violates this section is guilty of abortion	2112
trafficking, a misdemeanorfelony of the first degree.	2113

Sec. 2919.24.  (A) No person, including a parent, guardian,	2114
or other custodian of a child, shall do any of the following:	2115

(1) Aid, abet, induce, cause, encourage, or contribute to a	2116
child or a ward of the juvenile court becoming an unruly child, as	2117
defined in section 2151.022 of the Revised Code, or a delinquent	2118
child, as defined in section 2152.02 of the Revised Code;	2119

(2) Act in a way tending to cause a child or a ward of the	2120
juvenile court to become an unruly child, as defined in section	2121
2151.022 of the Revised Code, or a delinquent child, as defined in	2122
section 2152.02 of the Revised Code;	2123

(3) If the person is the parent, guardian, or custodian of a	2124
child who has the duties under Chapters 2152. and 2950. of the	2125
Revised Code to register, register a new residence address, and	2126
periodically verify a residence address, and, if applicable, to	2127
send a notice of intent to reside, and if the child is not	2128
emancipated, as defined in section 2919.121 of the Revised Code,	2129
fail to ensure that the child complies with those duties under	2130
Chapters 2152. and 2950. of the Revised Code.	2131

(B) Whoever violates this section is guilty of contributing	2132
to the unruliness or delinquency of a child, a misdemeanor of the	2133
first degree. Each day of violation of this section is a separate	2134
offense.	2135

(C) For the purposes of this section, a child is	2136
"emancipated" if the child has married, entered the armed services	2137
of the United States, become employed and self-subsisting, or	2138
otherwise become legally independent from the care and control of	2139
the child's parent, guardian, or custodian.	2140

Sec. 2950.03. (A) Each person who has been convicted of, is	2141
convicted of, has pleaded guilty to, or pleads guilty to a	2142
sexually oriented offense that is not a registration-exempt	2143
sexually oriented offense and who has a duty to register pursuant	2144
to section 2950.04 of the Revised Code, each person who is	2145
adjudicated a delinquent child for committing a sexually oriented	2146
offense that is not a registration-exempt sexually oriented	2147
offense and who is classified a juvenile offender registrant based	2148
on that adjudication, each person who has been convicted of, is	2149
convicted of, has pleaded guilty to, or pleads guilty to a	2150
child-victim oriented offense and has a duty to register pursuant	2151
to section 2950.041 of the Revised Code, and each person who is	2152
adjudicated a delinquent child for committing a child-victim	2153
oriented offense and who is classified a juvenile offender	2154
registrant based on that adjudication shall be provided notice in	2155
accordance with this section of the offender's or delinquent	2156
child's duties imposed under sections 2950.04, 2950.041, 2950.05,	2157
and 2950.06 of the Revised Code and of the offender's duties to	2158
similarly register, provide notice of a change, and verify	2159
addresses in another state if the offender resides, is temporarily	2160
domiciled, attends a school or institution of higher education, or	2161
is employed in a state other than this state. A person who has	2162
been convicted of, is convicted of, has pleaded guilty to, or	2163
pleads guilty to a sexually oriented offense that is a	2164
registration-exempt sexually oriented offense, and a person who is	2165
or has been adjudicated a delinquent child for committing a	2166
sexually oriented offense that is a registration-exempt sexually	2167
oriented offense, does not have a duty to register under section	2168
2950.04 of the Revised Code based on that conviction, guilty plea,	2169
or adjudication, and no notice is required to be provided to that	2170
person under this division based on that conviction, guilty plea,	2171
or adjudication. The following official shall provide the notice	2172
required under this division to the specified person at the	2173
following time:	2174

(1) Regardless of when the person committed the sexually	2175
oriented offense or child-victim oriented offense, if the person	2176
is an offender who is sentenced for the sexually oriented offense	2177
or child-victim oriented offense to a prison term, a term of	2178
imprisonment, or any other type of confinement, and if, on or	2179
after January 1, 1997, the offender is serving that term or is	2180
under that confinement, the official in charge of the jail,	2181
workhouse, state correctional institution, or other institution in	2182
which the offender serves the prison term, term of imprisonment,	2183
or confinement, or a designee of that official, shall provide the	2184
notice to the offender before the offender is released pursuant to	2185
any type of supervised release or before the offender otherwise is	2186
released from the prison term, term of imprisonment, or	2187
confinement. This division applies to a child-victim oriented	2188
offense if the offender is sentenced for the offense on or after	2189
July 31, 2003, or if, prior to July 31, 2003, the child-victim	2190
oriented offense was a sexually oriented offense and the offender	2191
was sentenced as described in this division for the child-victim	2192
oriented offense when it was designated a sexually oriented	2193
offense. If a person was provided notice under this division prior	2194
to July 31, 2003, in relation to an offense that, prior to July	2195
31, 2003, was a sexually oriented offense but that, on and after	2196
July 31, 2003, is a child-victim oriented offense, the notice	2197
provided under this division shall suffice for purposes of this	2198
section as notice to the offender of the offender's duties under	2199
sections 2950.041, 2950.05, and 2950.06 of the Revised Code	2200
imposed as a result of the conviction of or plea of guilty to the	2201
child-victim oriented offense.	2202

(2) Regardless of when the person committed the sexually	2203
oriented offense or child-victim oriented offense, if the person	2204
is an offender who is sentenced for the sexually oriented offense	2205
on or after January 1, 1997, or who is sentenced for the	2206
child-victim oriented offense on or after July 31, 2003, and if	2207
division (A)(1) of this section does not apply, the judge shall	2208
provide the notice to the offender at the time of sentencing. If a	2209
person was provided notice under this division prior to July 31,	2210
2003, in relation to an offense that, prior to July 31, 2003,, was	2211
a sexually oriented offense but that, on and after July 31, 2003,,	2212
is a child-victim oriented offense, the notice so provided under	2213
this division shall suffice for purposes of this section as notice	2214
to the offender of the offender's duties under sections 2950.041,	2215
2950.05, and 2950.06 of the Revised Code imposed as a result of	2216
the conviction of or plea of guilty to the child-victim oriented	2217
offense.	2218

(3) If the person is an offender who committed the sexually	2219
oriented offense prior to January 1, 1997, if neither division	2220
(A)(1) nor division (A)(2) of this section applies, and if,	2221
immediately prior to January 1, 1997, the offender was a habitual	2222
sex offender who was required to register under Chapter 2950. of	2223
the Revised Code, the chief of police or sheriff with whom the	2224
offender most recently registered under that chapter, in the	2225
circumstances described in this division, shall provide the notice	2226
to the offender. If the offender has registered with a chief of	2227
police or sheriff under Chapter 2950. of the Revised Code as it	2228
existed prior to January 1, 1997, the chief of police or sheriff	2229
with whom the offender most recently registered shall provide the	2230
notice to the offender as soon as possible after January 1, 1997,	2231
as described in division (B)(1) of this section. If the offender	2232
has not registered with a chief of police or sheriff under that	2233
chapter, the failure to register shall constitute a waiver by the	2234
offender of any right to notice under this section. If an offender	2235
described in this division does not receive notice under this	2236
section, the offender is not relieved of the offender's duties	2237
imposed under sections 2950.04, 2950.05, and 2950.06 of the	2238
Revised Code.	2239

(4) If neither division (A)(1), (2), nor (3) of this section	2240
applies and if the offender is adjudicated a sexual predator	2241
pursuant to division (C) of section 2950.09 of the Revised Code or	2242
a child-victim predator pursuant to division (C) of section	2243
2950.091 of the Revised Code, the judge shall provide the notice	2244
to the offender at the time of adjudication.	2245

(5) If the person is a delinquent child who is classified a	2246
juvenile offender registrant, the judge shall provide the notice	2247
to the delinquent child at the time specified in division (B) of	2248
section 2152.82, division (D) of section 2152.83, division (C) of	2249
section 2152.84, or division (E) of section 2152.85 of the Revised	2250
Code, whichever is applicable. If a delinquent child was provided	2251
notice under this division prior to July 31, 2003, in relation to	2252
an offense that, prior to July 31, 2003, was a sexually oriented	2253
offense but that, on and after July 31, 2003, is a child-victim	2254
oriented offense, the notice so provided under this division shall	2255
suffice for purposes of this section as notice to the delinquent	2256
child of the delinquent child's duties under sections 2950.041,	2257
2950.05, and 2950.06 of the Revised Code imposed as a result of	2258
the adjudication as a delinquent child for the child-victim	2259
oriented offense.	2260

(6) If the person is an offender in any category described in	2261
division (A)(1), (2), (3), or (4) of this section and if, prior to	2262
July 31, 2003, the offender was provided notice of the offender's	2263
duties in accordance with that division, not later than ninety	2264
days after July 31, 2003, the sheriff with whom the offender most	2265
recently registered or verified an address under section 2950.04,	2266
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide	2267
notice to the offender of the offender's duties imposed on and	2268
after July 31, 2003, pursuant to any of those sections to register	2269
a school, institution of higher education, or place of employment	2270
address, provide notice of a change of that address, and verify	2271
that address. The sheriff may provide the notice to the offender	2272
at the time the offender registers, provides notice of a change	2273
in, or verifies a residence, school, institution of higher	2274
education, or place of employment address under any of those	2275
sections within the specified ninety-day period. If the offender	2276
does not so register, provide notice of a change in, or verify an	2277
address within the specified ninety-day period, the sheriff shall	2278
provide the notice to the offender by sending it to the offender	2279
at the most recent residence address available for the offender.	2280
If the offender was required to register prior to July 31, 2003,	2281
and failed to do so, the failure to register constitutes a waiver	2282
by the offender of any right to notice under this division. If the	2283
offender has not registered prior to July 31, 2003, the offender	2284
is presumed to have knowledge of the law and of the duties	2285
referred to in this division that are imposed on and after July	2286
31, 2003. If an offender does not receive notice under this	2287
division, the offender is not relieved of any of the duties	2288
described in this division.	2289

(7) If the person is an offender or delinquent child who has	2290
a duty to register in this state pursuant to division (A)(3) of	2291
section 2950.04 or 2950.041 of the Revised Code, the offender or	2292
delinquent child is presumed to have knowledge of the law and of	2293
the offender's or delinquent child's duties imposed under sections	2294
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	2295

(B)(1) The notice provided under division (A) of this section	2296
shall inform the offender or delinquent child of the offender's or	2297
delinquent child's duty to register, to provide notice of a change	2298
in the offender's or delinquent child's residence address or in	2299
the offender's school, institution of higher education, or place	2300
of employment address, as applicable, and register the new	2301
address, to periodically verify the offender's or delinquent	2302
child's residence address or the offender's school, institution of	2303
higher education, or place of employment address, as applicable,	2304
and, if applicable, to provide notice of the offender's or	2305
delinquent child's intent to reside, pursuant to sections 2950.04,	2306
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice	2307
shall specify that, for an offender, it applies regarding	2308
residence addresses or school, institution of higher education,	2309
and place of employment addresses and that, for a delinquent	2310
child, it applies regarding residence addresses. Additionally, it	2311
shall inform the offender of the offender's duties to similarly	2312
register, provide notice of a change in, and verify those	2313
addresses in states other than this state as described in division	2314
(A) of this section. A notice provided under division (A)(6) of	2315
this section shall state the new duties imposed on the offender on	2316
and after July 31, 2003, to register, provide notice of a change	2317
in, and periodically verify, a school, institution of higher	2318
education, or place of employment address and specify that the new	2319
duties are in addition to the prior duties imposed upon the	2320
offender. A notice provided under division (A)(1), (2), (3), (4),	2321
or (5) of this section shall comport with the following:	2322

(a) If the notice is provided to an offender under division	2323
(A)(3) of this section, the notice shall state the offender's	2324
duties to register, to file a notice of intent to reside, if	2325
applicable, to register a new residence address or new school,	2326
institution of higher education, or place of employment address,	2327
and to periodically verify those addresses, the offender's duties	2328
in other states as described in division (A) of this section, and	2329
that, if the offender has any questions concerning these duties,	2330
the offender may contact the chief of police or sheriff who sent	2331
the form for an explanation of the duties. If the offender appears	2332
in person before the chief of police or sheriff, the chief or	2333
sheriff shall provide the notice as described in division	2334
(B)(1)(a) of this section, and all provisions of this section that	2335
apply regarding a notice provided by an official, official's	2336
designee, or judge in that manner shall be applicable.	2337

(b) If the notice is provided to an offender under division	2338
(A)(1), (2), or (4) of this section, the official, official's	2339
designee, or judge shall require the offender to read and sign a	2340
form stating that the offender's duties to register, to file a	2341
notice of intent to reside, if applicable, to register a new	2342
residence address or new school, institution of higher education,	2343
or place of employment address, and to periodically verify those	2344
addresses, and the offender's duties in other states as described	2345
in division (A) of this section have been explained to the	2346
offender. If the offender is unable to read, the official,	2347
official's designee, or judge shall certify on the form that the	2348
official, designee, or judge specifically informed the offender of	2349
those duties and that the offender indicated an understanding of	2350
those duties.	2351

(c) If the notice is provided to a delinquent child under	2352
division (A)(5) of this section, the judge shall require the	2353
delinquent child and the delinquent child's parent, guardian, or	2354
custodian to read and sign a form stating that the delinquent	2355
child's duties to register, to file a notice of intent to reside,	2356
if applicable, to register a new residence address, and to	2357
periodically verify that address have been explained to the	2358
delinquent child and to the delinquent child's parent, guardian,	2359
or custodian. If the delinquent child or the delinquent child's	2360
parent, guardian, or custodian is unable to read, the judge shall	2361
certify on the form that the judge specifically informed the	2362
delinquent child or the delinquent child's parent, guardian, or	2363
custodian of those duties and that the delinquent child or the	2364
delinquent child's parent, guardian, or custodian indicated an	2365
understanding of those duties.	2366

(2) The notice provided under divisions (A)(1) to (6) of this	2367
section shall be on a form prescribed by the bureau of criminal	2368
identification and investigation and shall contain all of the	2369
information specified in division (A) of this section and all of	2370
the information required by the bureau. The notice provided under	2371
divisions (A)(1) to (5) of this section shall include, but is not	2372
limited to, all of the following:	2373

(a) For any notice provided under division (A)(1) to (5) of	2374
this section, a statement as to whether the offender or delinquent	2375
child has been adjudicated a sexual predator or a child-victim	2376
predator relative to the sexually oriented offense or child-victim	2377
oriented offense in question, a statement as to whether the	2378
offender or delinquent child has been determined to be a habitual	2379
sex offender or habitual child-victim offender, a statement as to	2380
whether the offense for which the offender has the duty to	2381
register is an aggravated sexually oriented offense, an	2382
explanation of the offender's periodic residence address or	2383
periodic school, institution of higher education, or place of	2384
employment address verification process or of the delinquent	2385
child's periodic residence address verification process, an	2386
explanation of the frequency with which the offender or delinquent	2387
child will be required to verify those addresses under that	2388
process, a statement that the offender or delinquent child must	2389
verify those addresses at the times specified under that process	2390
or face criminal prosecution or a delinquent child proceeding, and	2391
an explanation of the offender's duty to similarly register,	2392
verify, and reregister those addresses in another state if the	2393
offender resides in another state, attends a school or institution	2394
of higher education in another state, or is employed in another	2395
state.	2396

(b) If the notice is provided under division (A)(4) of this	2397
section, a statement that the notice replaces any notice	2398
previously provided to the offender under division (A)(1) of this	2399
section, a statement that the offender's duties described in this	2400
notice supersede the duties described in the prior notice, and a	2401
statement notifying the offender that, if the offender already has	2402
registered under section 2950.04 or 2950.041 of the Revised Code,	2403
the offender must register again pursuant to division (A)(6) of	2404
that section;	2405

(c) If the notice is provided under division (A)(5) of this	2406
section, a statement that the delinquent child has been classified	2407
by the adjudicating juvenile court judge or the judge's successor	2408
in office a juvenile offender registrant and has a duty to comply	2409
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	2410
Revised Code;	2411

(d) If the notice is provided under division (A)(5) of this	2412
section, a statement that, if the delinquent child fails to comply	2413
with the requirements of sections 2950.04, 2950.041, 2950.05, and	2414
2950.06 of the Revised Code, both of the following apply:	2415

(i) If the delinquent child's failure occurs while the child	2416
is under eighteen years of age, the child is subject to	2417
proceedings under Chapter 2152. of the Revised Code based on the	2418
failure, but if the failure occurs while the child is eighteen	2419
years of age or older, the child is subject to criminal	2420
prosecution based on the failure.	2421

(ii) If the delinquent child's failure occurs while the child	2422
is under eighteen years of age, unless the child is emancipated,	2423
as defined in section 2919.1212919.24 of the Revised Code, the	2424
failure of the parent, guardian, or custodian to ensure that the	2425
child complies with those requirements is a violation of section	2426
2919.24 of the Revised Code and may result in the prosecution of	2427
the parent, guardian, or custodian for that violation.	2428

(3)(a) After an offender described in division (A)(1), (2),	2429
or (4) of this section has signed the form described in divisions	2430
(B)(1) and (2) of this section or the official, official's	2431
designee, or judge has certified on the form that the form has	2432
been explained to the offender and that the offender indicated an	2433
understanding of the duties indicated on it, the official,	2434
official's designee, or judge shall give one copy of the form to	2435
the offender, within three days shall send one copy of the form to	2436
the bureau of criminal identification and investigation in	2437
accordance with the procedures adopted pursuant to section 2950.13	2438
of the Revised Code, and shall send one copy of the form to the	2439
sheriff of the county in which the offender expects to reside.	2440

(b) After a chief of police or sheriff has sent a form to an	2441
offender under division (A)(3) of this section, the chief or	2442
sheriff shall send a copy of the form to the bureau of criminal	2443
identification and investigation in accordance with the procedures	2444
adopted pursuant to section 2950.13 of the Revised Code.	2445

(c) After a delinquent child described in division (A)(5) of	2446
this section and the delinquent child's parent, guardian, or	2447
custodian have signed the form described in divisions (B)(1) and	2448
(2) of this section or the judge has certified on the form that	2449
the form has been explained to the delinquent child or the	2450
delinquent child's parent, guardian, or custodian and that the	2451
delinquent child or the delinquent child's parent, guardian, or	2452
custodian indicated an understanding of the duties and information	2453
indicated on the form, the judge shall give a copy of the form to	2454
both the delinquent child and to the delinquent child's parent,	2455
guardian, or custodian, within three days shall send one copy of	2456
the form to the bureau of criminal identification and	2457
investigation in accordance with the procedures adopted pursuant	2458
to section 2950.13 of the Revised Code, and shall send one copy of	2459
the form to the sheriff of the county in which the delinquent	2460
child expects to reside.	2461

(C) The official, official's designee, judge, chief of	2462
police, or sheriff who is required to provide notice to an	2463
offender or delinquent child under divisions (A)(1) to (5) of this	2464
section shall do all of the following:	2465

(1) If the notice is provided under division (A)(1), (2),	2466
(4), or (5) of this section, the official, designee, or judge	2467
shall determine the offender's or delinquent child's name,	2468
identifying factors, and expected future residence address in this	2469
state or any other state, shall obtain the offender's or	2470
delinquent child's criminal and delinquency history, and shall	2471
obtain a photograph and the fingerprints of the offender or	2472
delinquent child. Regarding an offender, the official, designee,	2473
or judge also shall obtain from the offender the offender's	2474
current or expected future school, institution of higher	2475
education, or place of employment address in this state, if any.	2476
If the notice is provided by a judge under division (A)(2), (4),	2477
or (5) of this section, the sheriff shall provide the offender's	2478
or delinquent child's criminal and delinquency history to the	2479
judge. The official, official's designee, or judge shall obtain	2480
this information and these items prior to giving the notice,	2481
except that a judge may give the notice prior to obtaining the	2482
offender's or delinquent child's criminal and delinquency history.	2483
Within three days after receiving this information and these	2484
items, the official, official's designee, or judge shall forward	2485
the information and items to the bureau of criminal identification	2486
and investigation in accordance with the forwarding procedures	2487
adopted pursuant to section 2950.13 of the Revised Code, to the	2488
sheriff of the county in which the offender or delinquent child	2489
expects to reside, and, regarding an offender, to the sheriff of	2490
the county, if any, in which the offender attends or will attend a	2491
school or institution of higher education or is or will be	2492
employed. If the notice is provided under division (A)(5) of this	2493
section and if the delinquent child has been committed to the	2494
department of youth services or to a secure facility, the judge,	2495
in addition to the other information and items described in this	2496
division, also shall forward to the bureau and to the sheriff	2497
notification that the child has been so committed. If it has not	2498
already done so, the bureau of criminal identification and	2499
investigation shall forward a copy of the fingerprints and	2500
conviction data received under this division to the federal bureau	2501
of investigation.	2502

(2) If the notice is provided under division (A)(3) of this	2503
section, the chief of police or sheriff shall determine the	2504
offender's name, identifying factors, and residence address in	2505
this state or any other state, shall obtain the offender's	2506
criminal history from the bureau of criminal identification and	2507
investigation, and, to the extent possible, shall obtain a	2508
photograph and the fingerprints of the offender. Regarding an	2509
offender, the chief or sheriff also shall obtain from the offender	2510
the offender's current or expected future school, institution of	2511
higher education, or place of employment address in this state, if	2512
any. Within three days after receiving this information and these	2513
items, the chief or sheriff shall forward the information and	2514
items to the bureau of criminal identification and investigation	2515
in accordance with the forwarding procedures adopted pursuant to	2516
section 2950.13 of the Revised Code and, in relation to a chief of	2517
police, to the sheriff of the county in which the offender	2518
resides, and, regarding an offender, to the sheriff of the county,	2519
if any, in which the offender attends or will attend a school or	2520
institution of higher education or is or will be employed. If it	2521
has not already done so, the bureau of criminal identification and	2522
investigation shall forward a copy of the fingerprints and	2523
conviction data so received to the federal bureau of	2524
investigation.	2525

Sec. 3701.341. (A) The public health council, pursuant to	2526
Chapter 119. and consistent with section 2317.56 of the Revised	2527
Code, shall adopt rules relating to abortions and the following	2528
subjects:	2529

(1) Post-abortion procedures to protect the health of the	2530
pregnant woman;	2531

(2) Pathological reports;

2532

(3) Humane disposition of the product of human conception;

2533

(4) Counseling.

2534

(B) The director of health shall implement the rules and	2535
shall apply to the court of common pleas for temporary or	2536
permanent injunctions restraining a violation or threatened	2537
violation of the rulessection 2919.12, 2919.123, 2919.13, or	2538
2919.14 of the Revised Code. This action is an additional remedy	2539
not dependent on the adequacy of the remedy at law.	2540

Sec. 4112.01.  (A) As used in this chapter:

2541

(1) "Person" includes one or more individuals, partnerships,	2542
associations, organizations, corporations, legal representatives,	2543
trustees, trustees in bankruptcy, receivers, and other organized	2544
groups of persons. "Person" also includes, but is not limited to,	2545
any owner, lessor, assignor, builder, manager, broker,	2546
salesperson, appraiser, agent, employee, lending institution, and	2547
the state and all political subdivisions, authorities, agencies,	2548
boards, and commissions of the state.	2549

(2) "Employer" includes the state, any political subdivision	2550
of the state, any person employing four or more persons within the	2551
state, and any person acting directly or indirectly in the	2552
interest of an employer.	2553

(3) "Employee" means an individual employed by any employer	2554
but does not include any individual employed in the domestic	2555
service of any person.	2556

(4) "Labor organization" includes any organization that	2557
exists, in whole or in part, for the purpose of collective	2558
bargaining or of dealing with employers concerning grievances,	2559
terms or conditions of employment, or other mutual aid or	2560
protection in relation to employment.	2561

(5) "Employment agency" includes any person regularly	2562
undertaking, with or without compensation, to procure	2563
opportunities to work or to procure, recruit, refer, or place	2564
employees.	2565

(6) "Commission" means the Ohio civil rights commission	2566
created by section 4112.03 of the Revised Code.	2567

(7) "Discriminate" includes segregate or separate.

2568

(8) "Unlawful discriminatory practice" means any act	2569
prohibited by section 4112.02, 4112.021, or 4112.022 of the	2570
Revised Code.	2571

(9) "Place of public accommodation" means any inn,	2572
restaurant, eating house, barbershop, public conveyance by air,	2573
land, or water, theater, store, other place for the sale of	2574
merchandise, or any other place of public accommodation or	2575
amusement of which the accommodations, advantages, facilities, or	2576
privileges are available to the public.	2577

(10) "Housing accommodations" includes any building or	2578
structure, or portion of a building or structure, that is used or	2579
occupied or is intended, arranged, or designed to be used or	2580
occupied as the home residence, dwelling, dwelling unit, or	2581
sleeping place of one or more individuals, groups, or families	2582
whether or not living independently of each other; and any vacant	2583
land offered for sale or lease. "Housing accommodations" also	2584
includes any housing accommodations held or offered for sale or	2585
rent by a real estate broker, salesperson, or agent, by any other	2586
person pursuant to authorization of the owner, by the owner, or by	2587
the owner's legal representative.	2588

(11) "Restrictive covenant" means any specification limiting	2589
the transfer, rental, lease, or other use of any housing	2590
accommodations because of race, color, religion, sex, familial	2591
status, national origin, disability, or ancestry, or any	2592
limitation based upon affiliation with or approval by any person,	2593
directly or indirectly, employing race, color, religion, sex,	2594
familial status, national origin, disability, or ancestry as a	2595
condition of affiliation or approval.	2596

(12) "Burial lot" means any lot for the burial of deceased	2597
persons within any public burial ground or cemetery, including,	2598
but not limited to, cemeteries owned and operated by municipal	2599
corporations, townships, or companies or associations incorporated	2600
for cemetery purposes.	2601

(13) "Disability" means a physical or mental impairment that	2602
substantially limits one or more major life activities, including	2603
the functions of caring for one's self, performing manual tasks,	2604
walking, seeing, hearing, speaking, breathing, learning, and	2605
working; a record of a physical or mental impairment; or being	2606
regarded as having a physical or mental impairment.	2607

(14) Except as otherwise provided in section 4112.021 of the	2608
Revised Code, "age" means at least forty years old.	2609

(15) "Familial status" means either of the following:

2610

(a) One or more individuals who are under eighteen years of	2611
age and who are domiciled with a parent or guardian having legal	2612
custody of the individual or domiciled, with the written	2613
permission of the parent or guardian having legal custody, with a	2614
designee of the parent or guardian;	2615

(b) Any person who is pregnant or in the process of securing	2616
legal custody of any individual who is under eighteen years of	2617
age.	2618

(16)(a) Except as provided in division (A)(16)(b) of this	2619
section, "physical or mental impairment" includes any of the	2620
following:	2621

(i) Any physiological disorder or condition, cosmetic	2622
disfigurement, or anatomical loss affecting one or more of the	2623
following body systems: neurological; musculoskeletal; special	2624
sense organs; respiratory, including speech organs;	2625
cardiovascular; reproductive; digestive; genito-urinary; hemic and	2626
lymphatic; skin; and endocrine;	2627

(ii) Any mental or psychological disorder, including, but not	2628
limited to, mental retardation, organic brain syndrome, emotional	2629
or mental illness, and specific learning disabilities;	2630

(iii) Diseases and conditions, including, but not limited to,	2631
orthopedic, visual, speech, and hearing impairments, cerebral	2632
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	2633
cancer, heart disease, diabetes, human immunodeficiency virus	2634
infection, mental retardation, emotional illness, drug addiction,	2635
and alcoholism.	2636

(b) "Physical or mental impairment" does not include any of	2637
the following:	2638

(i) Homosexuality and bisexuality;

2639

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	2640
voyeurism, gender identity disorders not resulting from physical	2641
impairments, or other sexual behavior disorders;	2642

(iii) Compulsive gambling, kleptomania, or pyromania;

2643

(iv) Psychoactive substance use disorders resulting from the	2644
current illegal use of a controlled substance or the current use	2645
of alcoholic beverages.	2646

(17) "Dwelling unit" means a single unit of residence for a	2647
family of one or more persons.	2648

(18) "Common use areas" means rooms, spaces, or elements	2649
inside or outside a building that are made available for the use	2650
of residents of the building or their guests, and includes, but is	2651
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	2652
rooms, mail rooms, recreational areas, and passageways among and	2653
between buildings.	2654

(19) "Public use areas" means interior or exterior rooms or	2655
spaces of a privately or publicly owned building that are made	2656
available to the general public.	2657

(20) "Controlled substance" has the same meaning as in	2658
section 3719.01 of the Revised Code.	2659

(21) "Disabled tenant" means a tenant or prospective tenant	2660
who is a person with a disability.	2661

(B) For the purposes of divisions (A) to (F) of section	2662
4112.02 of the Revised Code, the terms "because of sex" and "on	2663
the basis of sex" include, but are not limited to, because of or	2664
on the basis of pregnancy, any illness arising out of and	2665
occurring during the course of a pregnancy, childbirth, or related	2666
medical conditions. Women affected by pregnancy, childbirth, or	2667
related medical conditions shall be treated the same for all	2668
employment-related purposes, including receipt of benefits under	2669
fringe benefit programs, as other persons not so affected but	2670
similar in their ability or inability to work, and nothing in	2671
division (B) of section 4111.17 of the Revised Code shall be	2672
interpreted to permit otherwise. This division shall not be	2673
construed to require an employer to pay for health insurance	2674
benefits for abortion, except where the life of the mother would	2675
be endangered if the fetus were carried to term or except where	2676
medical complications have arisen from the abortion, provided that	2677
nothing in this division precludes an employer from providing	2678
abortion benefits or otherwise affects bargaining agreements in	2679
regard to abortion.	2680

Sec. 4731.22.  (A) The state medical board, by an affirmative	2681
vote of not fewer than six of its members, may revoke or may	2682
refuse to grant a certificate to a person found by the board to	2683
have committed fraud during the administration of the examination	2684
for a certificate to practice or to have committed fraud,	2685
misrepresentation, or deception in applying for or securing any	2686
certificate to practice or certificate of registration issued by	2687
the board.	2688

(B) The board, by an affirmative vote of not fewer than six	2689
members, shall, to the extent permitted by law, limit, revoke, or	2690
suspend an individual's certificate to practice, refuse to	2691
register an individual, refuse to reinstate a certificate, or	2692
reprimand or place on probation the holder of a certificate for	2693
one or more of the following reasons:	2694

(1) Permitting one's name or one's certificate to practice or	2695
certificate of registration to be used by a person, group, or	2696
corporation when the individual concerned is not actually	2697
directing the treatment given;	2698

(2) Failure to maintain minimal standards applicable to the	2699
selection or administration of drugs, or failure to employ	2700
acceptable scientific methods in the selection of drugs or other	2701
modalities for treatment of disease;	2702

(3) Selling, giving away, personally furnishing, prescribing,	2703
or administering drugs for other than legal and legitimate	2704
therapeutic purposes or a plea of guilty to, a judicial finding of	2705
guilt of, or a judicial finding of eligibility for intervention in	2706
lieu of conviction of, a violation of any federal or state law	2707
regulating the possession, distribution, or use of any drug;	2708

(4) Willfully betraying a professional confidence.

2709

For purposes of this division, "willfully betraying a	2710
professional confidence" does not include providing any	2711
information, documents, or reports to a child fatality review	2712
board under sections 307.621 to 307.629 of the Revised Code and	2713
does not include the making of a report of an employee's use of a	2714
drug of abuse, or a report of a condition of an employee other	2715
than one involving the use of a drug of abuse, to the employer of	2716
the employee as described in division (B) of section 2305.33 of	2717
the Revised Code. Nothing in this division affects the immunity	2718
from civil liability conferred by that section upon a physician	2719
who makes either type of report in accordance with division (B) of	2720
that section. As used in this division, "employee," "employer,"	2721
and "physician" have the same meanings as in section 2305.33 of	2722
the Revised Code.	2723

(5) Making a false, fraudulent, deceptive, or misleading	2724
statement in the solicitation of or advertising for patients; in	2725
relation to the practice of medicine and surgery, osteopathic	2726
medicine and surgery, podiatric medicine and surgery, or a limited	2727
branch of medicine; or in securing or attempting to secure any	2728
certificate to practice or certificate of registration issued by	2729
the board.	2730

As used in this division, "false, fraudulent, deceptive, or	2731
misleading statement" means a statement that includes a	2732
misrepresentation of fact, is likely to mislead or deceive because	2733
of a failure to disclose material facts, is intended or is likely	2734
to create false or unjustified expectations of favorable results,	2735
or includes representations or implications that in reasonable	2736
probability will cause an ordinarily prudent person to	2737
misunderstand or be deceived.	2738

(6) A departure from, or the failure to conform to, minimal	2739
standards of care of similar practitioners under the same or	2740
similar circumstances, whether or not actual injury to a patient	2741
is established;	2742

(7) Representing, with the purpose of obtaining compensation	2743
or other advantage as personal gain or for any other person, that	2744
an incurable disease or injury, or other incurable condition, can	2745
be permanently cured;	2746

(8) The obtaining of, or attempting to obtain, money or	2747
anything of value by fraudulent misrepresentations in the course	2748
of practice;	2749

(9) A plea of guilty to, a judicial finding of guilt of, or a	2750
judicial finding of eligibility for intervention in lieu of	2751
conviction for, a felony;	2752

(10) Commission of an act that constitutes a felony in this	2753
state, regardless of the jurisdiction in which the act was	2754
committed;	2755

(11) A plea of guilty to, a judicial finding of guilt of, or	2756
a judicial finding of eligibility for intervention in lieu of	2757
conviction for, a misdemeanor committed in the course of practice;	2758

(12) Commission of an act in the course of practice that	2759
constitutes a misdemeanor in this state, regardless of the	2760
jurisdiction in which the act was committed;	2761

(13) A plea of guilty to, a judicial finding of guilt of, or	2762
a judicial finding of eligibility for intervention in lieu of	2763
conviction for, a misdemeanor involving moral turpitude;	2764

(14) Commission of an act involving moral turpitude that	2765
constitutes a misdemeanor in this state, regardless of the	2766
jurisdiction in which the act was committed;	2767

(15) Violation of the conditions of limitation placed by the	2768
board upon a certificate to practice;	2769

(16) Failure to pay license renewal fees specified in this	2770
chapter;	2771

(17) Except as authorized in section 4731.31 of the Revised	2772
Code, engaging in the division of fees for referral of patients,	2773
or the receiving of a thing of value in return for a specific	2774
referral of a patient to utilize a particular service or business;	2775

(18) Subject to section 4731.226 of the Revised Code,	2776
violation of any provision of a code of ethics of the American	2777
medical association, the American osteopathic association, the	2778
American podiatric medical association, or any other national	2779
professional organizations that the board specifies by rule. The	2780
state medical board shall obtain and keep on file current copies	2781
of the codes of ethics of the various national professional	2782
organizations. The individual whose certificate is being suspended	2783
or revoked shall not be found to have violated any provision of a	2784
code of ethics of an organization not appropriate to the	2785
individual's profession.	2786

For purposes of this division, a "provision of a code of	2787
ethics of a national professional organization" does not include	2788
any provision that would preclude the making of a report by a	2789
physician of an employee's use of a drug of abuse, or of a	2790
condition of an employee other than one involving the use of a	2791
drug of abuse, to the employer of the employee as described in	2792
division (B) of section 2305.33 of the Revised Code. Nothing in	2793
this division affects the immunity from civil liability conferred	2794
by that section upon a physician who makes either type of report	2795
in accordance with division (B) of that section. As used in this	2796
division, "employee," "employer," and "physician" have the same	2797
meanings as in section 2305.33 of the Revised Code.	2798

(19) Inability to practice according to acceptable and	2799
prevailing standards of care by reason of mental illness or	2800
physical illness, including, but not limited to, physical	2801
deterioration that adversely affects cognitive, motor, or	2802
perceptive skills.	2803

In enforcing this division, the board, upon a showing of a	2804
possible violation, may compel any individual authorized to	2805
practice by this chapter or who has submitted an application	2806
pursuant to this chapter to submit to a mental examination,	2807
physical examination, including an HIV test, or both a mental and	2808
a physical examination. The expense of the examination is the	2809
responsibility of the individual compelled to be examined. Failure	2810
to submit to a mental or physical examination or consent to an HIV	2811
test ordered by the board constitutes an admission of the	2812
allegations against the individual unless the failure is due to	2813
circumstances beyond the individual's control, and a default and	2814
final order may be entered without the taking of testimony or	2815
presentation of evidence. If the board finds an individual unable	2816
to practice because of the reasons set forth in this division, the	2817
board shall require the individual to submit to care, counseling,	2818
or treatment by physicians approved or designated by the board, as	2819
a condition for initial, continued, reinstated, or renewed	2820
authority to practice. An individual affected under this division	2821
shall be afforded an opportunity to demonstrate to the board the	2822
ability to resume practice in compliance with acceptable and	2823
prevailing standards under the provisions of the individual's	2824
certificate. For the purpose of this division, any individual who	2825
applies for or receives a certificate to practice under this	2826
chapter accepts the privilege of practicing in this state and, by	2827
so doing, shall be deemed to have given consent to submit to a	2828
mental or physical examination when directed to do so in writing	2829
by the board, and to have waived all objections to the	2830
admissibility of testimony or examination reports that constitute	2831
a privileged communication.	2832

(20) Except when civil penalties are imposed under section	2833
4731.225 or 4731.281 of the Revised Code, and subject to section	2834
4731.226 of the Revised Code, violating or attempting to violate,	2835
directly or indirectly, or assisting in or abetting the violation	2836
of, or conspiring to violate, any provisions of this chapter or	2837
any rule promulgated by the board.	2838

This division does not apply to a violation or attempted	2839
violation of, assisting in or abetting the violation of, or a	2840
conspiracy to violate, any provision of this chapter or any rule	2841
adopted by the board that would preclude the making of a report by	2842
a physician of an employee's use of a drug of abuse, or of a	2843
condition of an employee other than one involving the use of a	2844
drug of abuse, to the employer of the employee as described in	2845
division (B) of section 2305.33 of the Revised Code. Nothing in	2846
this division affects the immunity from civil liability conferred	2847
by that section upon a physician who makes either type of report	2848
in accordance with division (B) of that section. As used in this	2849
division, "employee," "employer," and "physician" have the same	2850
meanings as in section 2305.33 of the Revised Code.	2851

(21) The violation of section 3701.79 of the Revised Code or	2852
of any abortion rule adopted by the public health council pursuant	2853
to section 3701.341 of the Revised Code regarding any act or	2854
omission occurring prior to the effective date of this amendment	2855
and to which that section and those rules apply, or the violation	2856
on or after that effective date of section 2919.12, 2919.123,	2857
2919.13, or 2919.14 of the Revised Code;	2858

(22) Any of the following actions taken by the agency	2859
responsible for regulating the practice of medicine and surgery,	2860
osteopathic medicine and surgery, podiatric medicine and surgery,	2861
or the limited branches of medicine in another jurisdiction, for	2862
any reason other than the nonpayment of fees: the limitation,	2863
revocation, or suspension of an individual's license to practice;	2864
acceptance of an individual's license surrender; denial of a	2865
license; refusal to renew or reinstate a license; imposition of	2866
probation; or issuance of an order of censure or other reprimand;	2867

(23) The violation of section 2919.12 of the Revised Code or	2868
the performance or inducement of an abortion upon a pregnant woman	2869
prior to the effective date of this amendment with actual	2870
knowledge that the conditions specified in former division (B) of	2871
section 2317.56 of the Revised Code as it existed immediately	2872
prior to that date have not been satisfied or with a heedless	2873
indifference as to whether those conditions have been satisfied,	2874
unless an affirmative defense as specified in former division	2875
(H)(2) of that section would apply in a civil action authorized by	2876
former division (H)(1) of that section;	2877

(24) The revocation, suspension, restriction, reduction, or	2878
termination of clinical privileges by the United States department	2879
of defense or department of veterans affairs or the termination or	2880
suspension of a certificate of registration to prescribe drugs by	2881
the drug enforcement administration of the United States	2882
department of justice;	2883

(25) Termination or suspension from participation in the	2884
medicare or medicaid programs by the department of health and	2885
human services or other responsible agency for any act or acts	2886
that also would constitute a violation of division (B)(2), (3),	2887
(6), (8), or (19) of this section;	2888

(26) Impairment of ability to practice according to	2889
acceptable and prevailing standards of care because of habitual or	2890
excessive use or abuse of drugs, alcohol, or other substances that	2891
impair ability to practice.	2892

For the purposes of this division, any individual authorized	2893
to practice by this chapter accepts the privilege of practicing in	2894
this state subject to supervision by the board. By filing an	2895
application for or holding a certificate to practice under this	2896
chapter, an individual shall be deemed to have given consent to	2897
submit to a mental or physical examination when ordered to do so	2898
by the board in writing, and to have waived all objections to the	2899
admissibility of testimony or examination reports that constitute	2900
privileged communications.	2901

If it has reason to believe that any individual authorized to	2902
practice by this chapter or any applicant for certification to	2903
practice suffers such impairment, the board may compel the	2904
individual to submit to a mental or physical examination, or both.	2905
The expense of the examination is the responsibility of the	2906
individual compelled to be examined. Any mental or physical	2907
examination required under this division shall be undertaken by a	2908
treatment provider or physician who is qualified to conduct the	2909
examination and who is chosen by the board.	2910

Failure to submit to a mental or physical examination ordered	2911
by the board constitutes an admission of the allegations against	2912
the individual unless the failure is due to circumstances beyond	2913
the individual's control, and a default and final order may be	2914
entered without the taking of testimony or presentation of	2915
evidence. If the board determines that the individual's ability to	2916
practice is impaired, the board shall suspend the individual's	2917
certificate or deny the individual's application and shall require	2918
the individual, as a condition for initial, continued, reinstated,	2919
or renewed certification to practice, to submit to treatment.	2920

Before being eligible to apply for reinstatement of a	2921
certificate suspended under this division, the impaired	2922
practitioner shall demonstrate to the board the ability to resume	2923
practice in compliance with acceptable and prevailing standards of	2924
care under the provisions of the practitioner's certificate. The	2925
demonstration shall include, but shall not be limited to, the	2926
following:	2927

(a) Certification from a treatment provider approved under	2928
section 4731.25 of the Revised Code that the individual has	2929
successfully completed any required inpatient treatment;	2930

(b) Evidence of continuing full compliance with an aftercare	2931
contract or consent agreement;	2932

(c) Two written reports indicating that the individual's	2933
ability to practice has been assessed and that the individual has	2934
been found capable of practicing according to acceptable and	2935
prevailing standards of care. The reports shall be made by	2936
individuals or providers approved by the board for making the	2937
assessments and shall describe the basis for their determination.	2938

The board may reinstate a certificate suspended under this	2939
division after that demonstration and after the individual has	2940
entered into a written consent agreement.	2941

When the impaired practitioner resumes practice, the board	2942
shall require continued monitoring of the individual. The	2943
monitoring shall include, but not be limited to, compliance with	2944
the written consent agreement entered into before reinstatement or	2945
with conditions imposed by board order after a hearing, and, upon	2946
termination of the consent agreement, submission to the board for	2947
at least two years of annual written progress reports made under	2948
penalty of perjury stating whether the individual has maintained	2949
sobriety.	2950

(27) A second or subsequent violation of section 4731.66 or	2951
4731.69 of the Revised Code;	2952

(28) Except as provided in division (N) of this section:

2953

(a) Waiving the payment of all or any part of a deductible or	2954
copayment that a patient, pursuant to a health insurance or health	2955
care policy, contract, or plan that covers the individual's	2956
services, otherwise would be required to pay if the waiver is used	2957
as an enticement to a patient or group of patients to receive	2958
health care services from that individual;	2959

(b) Advertising that the individual will waive the payment of	2960
all or any part of a deductible or copayment that a patient,	2961
pursuant to a health insurance or health care policy, contract, or	2962
plan that covers the individual's services, otherwise would be	2963
required to pay.	2964

(29) Failure to use universal blood and body fluid	2965
precautions established by rules adopted under section 4731.051 of	2966
the Revised Code;	2967

(30) Failure to provide notice to, and receive acknowledgment	2968
of the notice from, a patient when required by section 4731.143 of	2969
the Revised Code prior to providing nonemergency professional	2970
services, or failure to maintain that notice in the patient's	2971
file;	2972

(31) Failure of a physician supervising a physician assistant	2973
to maintain supervision in accordance with the requirements of	2974
Chapter 4730. of the Revised Code and the rules adopted under that	2975
chapter;	2976

(32) Failure of a physician or podiatrist to enter into a	2977
standard care arrangement with a clinical nurse specialist,	2978
certified nurse-midwife, or certified nurse practitioner with whom	2979
the physician or podiatrist is in collaboration pursuant to	2980
section 4731.27 of the Revised Code or failure to fulfill the	2981
responsibilities of collaboration after entering into a standard	2982
care arrangement;	2983

(33) Failure to comply with the terms of a consult agreement	2984
entered into with a pharmacist pursuant to section 4729.39 of the	2985
Revised Code;	2986

(34) Failure to cooperate in an investigation conducted by	2987
the board under division (F) of this section, including failure to	2988
comply with a subpoena or order issued by the board or failure to	2989
answer truthfully a question presented by the board at a	2990
deposition or in written interrogatories, except that failure to	2991
cooperate with an investigation shall not constitute grounds for	2992
discipline under this section if a court of competent jurisdiction	2993
has issued an order that either quashes a subpoena or permits the	2994
individual to withhold the testimony or evidence in issue;	2995

(35) Failure to supervise an acupuncturist in accordance with	2996
Chapter 4762. of the Revised Code and the board's rules for	2997
supervision of an acupuncturist;	2998

(36) Failure to supervise an anesthesiologist assistant in	2999
accordance with Chapter 4760. of the Revised Code and the board's	3000
rules for supervision of an anesthesiologist assistant;	3001

(37) Assisting suicide as defined in section 3795.01 of the	3002
Revised Code.	3003

(C) Disciplinary actions taken by the board under divisions	3004
(A) and (B) of this section shall be taken pursuant to an	3005
adjudication under Chapter 119. of the Revised Code, except that	3006
in lieu of an adjudication, the board may enter into a consent	3007
agreement with an individual to resolve an allegation of a	3008
violation of this chapter or any rule adopted under it. A consent	3009
agreement, when ratified by an affirmative vote of not fewer than	3010
six members of the board, shall constitute the findings and order	3011
of the board with respect to the matter addressed in the	3012
agreement. If the board refuses to ratify a consent agreement, the	3013
admissions and findings contained in the consent agreement shall	3014
be of no force or effect.	3015

If the board takes disciplinary action against an individual	3016
under division (B) of this section for a second or subsequent plea	3017
of guilty to, or judicial finding of guilt of, a violation of	3018
section 2919.123 of the Revised Code, the disciplinary action	3019
shall consist of a suspension of the individual's certificate to	3020
practice for a period of at least one year or, if determined	3021
appropriate by the board, a more serious sanction involving the	3022
individual's certificate to practice. Any consent agreement	3023
entered into under this division with an individual that pertains	3024
to a second or subsequent plea of guilty to, or judicial finding	3025
of guilt of, a violation of that section shall provide for a	3026
suspension of the individual's certificate to practice for a	3027
period of at least one year or, if determined appropriate by the	3028
board, a more serious sanction involving the individual's	3029
certificate to practice.	3030

(D) For purposes of divisions (B)(10), (12), and (14) of this	3031
section, the commission of the act may be established by a finding	3032
by the board, pursuant to an adjudication under Chapter 119. of	3033
the Revised Code, that the individual committed the act. The board	3034
does not have jurisdiction under those divisions if the trial	3035
court renders a final judgment in the individual's favor and that	3036
judgment is based upon an adjudication on the merits. The board	3037
has jurisdiction under those divisions if the trial court issues	3038
an order of dismissal upon technical or procedural grounds.	3039

(E) The sealing of conviction records by any court shall have	3040
no effect upon a prior board order entered under this section or	3041
upon the board's jurisdiction to take action under this section	3042
if, based upon a plea of guilty, a judicial finding of guilt, or a	3043
judicial finding of eligibility for intervention in lieu of	3044
conviction, the board issued a notice of opportunity for a hearing	3045
prior to the court's order to seal the records. The board shall	3046
not be required to seal, destroy, redact, or otherwise modify its	3047
records to reflect the court's sealing of conviction records.	3048

(F)(1) The board shall investigate evidence that appears to	3049
show that a person has violated any provision of this chapter or	3050
any rule adopted under it. Any person may report to the board in a	3051
signed writing any information that the person may have that	3052
appears to show a violation of any provision of this chapter or	3053
any rule adopted under it. In the absence of bad faith, any person	3054
who reports information of that nature or who testifies before the	3055
board in any adjudication conducted under Chapter 119. of the	3056
Revised Code shall not be liable in damages in a civil action as a	3057
result of the report or testimony. Each complaint or allegation of	3058
a violation received by the board shall be assigned a case number	3059
and shall be recorded by the board.	3060

(2) Investigations of alleged violations of this chapter or	3061
any rule adopted under it shall be supervised by the supervising	3062
member elected by the board in accordance with section 4731.02 of	3063
the Revised Code and by the secretary as provided in section	3064
4731.39 of the Revised Code. The president may designate another	3065
member of the board to supervise the investigation in place of the	3066
supervising member. No member of the board who supervises the	3067
investigation of a case shall participate in further adjudication	3068
of the case.	3069

(3) In investigating a possible violation of this chapter or	3070
any rule adopted under this chapter, the board may administer	3071
oaths, order the taking of depositions, issue subpoenas, and	3072
compel the attendance of witnesses and production of books,	3073
accounts, papers, records, documents, and testimony, except that a	3074
subpoena for patient record information shall not be issued	3075
without consultation with the attorney general's office and	3076
approval of the secretary and supervising member of the board.	3077
Before issuance of a subpoena for patient record information, the	3078
secretary and supervising member shall determine whether there is	3079
probable cause to believe that the complaint filed alleges a	3080
violation of this chapter or any rule adopted under it and that	3081
the records sought are relevant to the alleged violation and	3082
material to the investigation. The subpoena may apply only to	3083
records that cover a reasonable period of time surrounding the	3084
alleged violation.	3085

On failure to comply with any subpoena issued by the board	3086
and after reasonable notice to the person being subpoenaed, the	3087
board may move for an order compelling the production of persons	3088
or records pursuant to the Rules of Civil Procedure.	3089

A subpoena issued by the board may be served by a sheriff,	3090
the sheriff's deputy, or a board employee designated by the board.	3091
Service of a subpoena issued by the board may be made by	3092
delivering a copy of the subpoena to the person named therein,	3093
reading it to the person, or leaving it at the person's usual	3094
place of residence. When the person being served is a person whose	3095
practice is authorized by this chapter, service of the subpoena	3096
may be made by certified mail, restricted delivery, return receipt	3097
requested, and the subpoena shall be deemed served on the date	3098
delivery is made or the date the person refuses to accept	3099
delivery.	3100

A sheriff's deputy who serves a subpoena shall receive the	3101
same fees as a sheriff. Each witness who appears before the board	3102
in obedience to a subpoena shall receive the fees and mileage	3103
provided for witnesses in civil cases in the courts of common	3104
pleas.	3105

(4) All hearings and investigations of the board shall be	3106
considered civil actions for the purposes of section 2305.252 of	3107
the Revised Code.	3108

(5) Information received by the board pursuant to an	3109
investigation is confidential and not subject to discovery in any	3110
civil action.	3111

The board shall conduct all investigations and proceedings in	3112
a manner that protects the confidentiality of patients and persons	3113
who file complaints with the board. The board shall not make	3114
public the names or any other identifying information about	3115
patients or complainants unless proper consent is given or, in the	3116
case of a patient, a waiver of the patient privilege exists under	3117
division (B) of section 2317.02 of the Revised Code, except that	3118
consent or a waiver of that nature is not required if the board	3119
possesses reliable and substantial evidence that no bona fide	3120
physician-patient relationship exists.	3121

The board may share any information it receives pursuant to	3122
an investigation, including patient records and patient record	3123
information, with law enforcement agencies, other licensing	3124
boards, and other governmental agencies that are prosecuting,	3125
adjudicating, or investigating alleged violations of statutes or	3126
administrative rules. An agency or board that receives the	3127
information shall comply with the same requirements regarding	3128
confidentiality as those with which the state medical board must	3129
comply, notwithstanding any conflicting provision of the Revised	3130
Code or procedure of the agency or board that applies when it is	3131
dealing with other information in its possession. In a judicial	3132
proceeding, the information may be admitted into evidence only in	3133
accordance with the Rules of Evidence, but the court shall require	3134
that appropriate measures are taken to ensure that confidentiality	3135
is maintained with respect to any part of the information that	3136
contains names or other identifying information about patients or	3137
complainants whose confidentiality was protected by the state	3138
medical board when the information was in the board's possession.	3139
Measures to ensure confidentiality that may be taken by the court	3140
include sealing its records or deleting specific information from	3141
its records.	3142

(6) On a quarterly basis, the board shall prepare a report	3143
that documents the disposition of all cases during the preceding	3144
three months. The report shall contain the following information	3145
for each case with which the board has completed its activities:	3146

(a) The case number assigned to the complaint or alleged	3147
violation;	3148

(b) The type of certificate to practice, if any, held by the	3149
individual against whom the complaint is directed;	3150

(c) A description of the allegations contained in the	3151
complaint;	3152

(d) The disposition of the case.

3153

The report shall state how many cases are still pending and	3154
shall be prepared in a manner that protects the identity of each	3155
person involved in each case. The report shall be a public record	3156
under section 149.43 of the Revised Code.	3157

(G) If the secretary and supervising member determine that	3158
there is clear and convincing evidence that an individual has	3159
violated division (B) of this section and that the individual's	3160
continued practice presents a danger of immediate and serious harm	3161
to the public, they may recommend that the board suspend the	3162
individual's certificate to practice without a prior hearing.	3163
Written allegations shall be prepared for consideration by the	3164
board.	3165

The board, upon review of those allegations and by an	3166
affirmative vote of not fewer than six of its members, excluding	3167
the secretary and supervising member, may suspend a certificate	3168
without a prior hearing. A telephone conference call may be	3169
utilized for reviewing the allegations and taking the vote on the	3170
summary suspension.	3171

The board shall issue a written order of suspension by	3172
certified mail or in person in accordance with section 119.07 of	3173
the Revised Code. The order shall not be subject to suspension by	3174
the court during pendency of any appeal filed under section 119.12	3175
of the Revised Code. If the individual subject to the summary	3176
suspension requests an adjudicatory hearing by the board, the date	3177
set for the hearing shall be within fifteen days, but not earlier	3178
than seven days, after the individual requests the hearing, unless	3179
otherwise agreed to by both the board and the individual.	3180

Any summary suspension imposed under this division shall	3181
remain in effect, unless reversed on appeal, until a final	3182
adjudicative order issued by the board pursuant to this section	3183
and Chapter 119. of the Revised Code becomes effective. The board	3184
shall issue its final adjudicative order within sixty days after	3185
completion of its hearing. A failure to issue the order within	3186
sixty days shall result in dissolution of the summary suspension	3187
order but shall not invalidate any subsequent, final adjudicative	3188
order.	3189

(H) If the board takes action under division (B)(9), (11), or	3190
(13) of this section and the judicial finding of guilt, guilty	3191
plea, or judicial finding of eligibility for intervention in lieu	3192
of conviction is overturned on appeal, upon exhaustion of the	3193
criminal appeal, a petition for reconsideration of the order may	3194
be filed with the board along with appropriate court documents.	3195
Upon receipt of a petition of that nature and supporting court	3196
documents, the board shall reinstate the individual's certificate	3197
to practice. The board may then hold an adjudication under Chapter	3198
119. of the Revised Code to determine whether the individual	3199
committed the act in question. Notice of an opportunity for a	3200
hearing shall be given in accordance with Chapter 119. of the	3201
Revised Code. If the board finds, pursuant to an adjudication held	3202
under this division, that the individual committed the act or if	3203
no hearing is requested, the board may order any of the sanctions	3204
identified under division (B) of this section.	3205

(I) The certificate to practice issued to an individual under	3206
this chapter and the individual's practice in this state are	3207
automatically suspended as of the date of the individual's second	3208
or subsequent plea of guilty to, or judicial finding of guilt of,	3209
a violation of section 2919.123 of the Revised Code, or the date	3210
the individual pleads guilty to, is found by a judge or jury to be	3211
guilty of, or is subject to a judicial finding of eligibility for	3212
intervention in lieu of conviction in this state or treatment or	3213
intervention in lieu of conviction in another jurisdiction for any	3214
of the following criminal offenses in this state or a	3215
substantially equivalent criminal offense in another jurisdiction:	3216
aggravated murder, murder, voluntary manslaughter, felonious	3217
assault, kidnapping, rape, sexual battery, gross sexual	3218
imposition, aggravated arson, aggravated robbery, or aggravated	3219
burglary. Continued practice after suspension shall be considered	3220
practicing without a certificate.	3221

The board shall notify the individual subject to the	3222
suspension by certified mail or in person in accordance with	3223
section 119.07 of the Revised Code. If an individual whose	3224
certificate is automatically suspended under this division fails	3225
to make a timely request for an adjudication under Chapter 119. of	3226
the Revised Code, the board shall do whichever of the following is	3227
applicable:	3228

(1) If the automatic suspension under this division is for a	3229
second or subsequent plea of guilty to, or judicial finding of	3230
guilt of, a violation of section 2919.123 of the Revised Code, the	3231
board shall enter an order suspending the individual's certificate	3232
to practice for a period of at least one year or, if determined	3233
appropriate by the board, imposing a more serious sanction	3234
involving the individual's certificate to practice.	3235

(2) In all circumstances in which division (I)(1) of this	3236
section does not apply, enter a final order permanently revoking	3237
the individual's certificate to practice.	3238

(J) If the board is required by Chapter 119. of the Revised	3239
Code to give notice of an opportunity for a hearing and if the	3240
individual subject to the notice does not timely request a hearing	3241
in accordance with section 119.07 of the Revised Code, the board	3242
is not required to hold a hearing, but may adopt, by an	3243
affirmative vote of not fewer than six of its members, a final	3244
order that contains the board's findings. In that final order, the	3245
board may order any of the sanctions identified under division (A)	3246
or (B) of this section.	3247

(K) Any action taken by the board under division (B) of this	3248
section resulting in a suspension from practice shall be	3249
accompanied by a written statement of the conditions under which	3250
the individual's certificate to practice may be reinstated. The	3251
board shall adopt rules governing conditions to be imposed for	3252
reinstatement. Reinstatement of a certificate suspended pursuant	3253
to division (B) of this section requires an affirmative vote of	3254
not fewer than six members of the board.	3255

(L) When the board refuses to grant a certificate to an	3256
applicant, revokes an individual's certificate to practice,	3257
refuses to register an applicant, or refuses to reinstate an	3258
individual's certificate to practice, the board may specify that	3259
its action is permanent. An individual subject to a permanent	3260
action taken by the board is forever thereafter ineligible to hold	3261
a certificate to practice and the board shall not accept an	3262
application for reinstatement of the certificate or for issuance	3263
of a new certificate.	3264

(M) Notwithstanding any other provision of the Revised Code,	3265
all of the following apply:	3266

(1) The surrender of a certificate issued under this chapter	3267
shall not be effective unless or until accepted by the board.	3268
Reinstatement of a certificate surrendered to the board requires	3269
an affirmative vote of not fewer than six members of the board.	3270

(2) An application for a certificate made under the	3271
provisions of this chapter may not be withdrawn without approval	3272
of the board.	3273

(3) Failure by an individual to renew a certificate of	3274
registration in accordance with this chapter shall not remove or	3275
limit the board's jurisdiction to take any disciplinary action	3276
under this section against the individual.	3277

(N) Sanctions shall not be imposed under division (B)(28) of	3278
this section against any person who waives deductibles and	3279
copayments as follows:	3280

(1) In compliance with the health benefit plan that expressly	3281
allows such a practice. Waiver of the deductibles or copayments	3282
shall be made only with the full knowledge and consent of the plan	3283
purchaser, payer, and third-party administrator. Documentation of	3284
the consent shall be made available to the board upon request.	3285

(2) For professional services rendered to any other person	3286
authorized to practice pursuant to this chapter, to the extent	3287
allowed by this chapter and rules adopted by the board.	3288

(O) Under the board's investigative duties described in this	3289
section and subject to division (F) of this section, the board	3290
shall develop and implement a quality intervention program	3291
designed to improve through remedial education the clinical and	3292
communication skills of individuals authorized under this chapter	3293
to practice medicine and surgery, osteopathic medicine and	3294
surgery, and podiatric medicine and surgery. In developing and	3295
implementing the quality intervention program, the board may do	3296
all of the following:	3297

(1) Offer in appropriate cases as determined by the board an	3298
educational and assessment program pursuant to an investigation	3299
the board conducts under this section;	3300

(2) Select providers of educational and assessment services,	3301
including a quality intervention program panel of case reviewers;	3302

(3) Make referrals to educational and assessment service	3303
providers and approve individual educational programs recommended	3304
by those providers. The board shall monitor the progress of each	3305
individual undertaking a recommended individual educational	3306
program.	3307

(4) Determine what constitutes successful completion of an	3308
individual educational program and require further monitoring of	3309
the individual who completed the program or other action that the	3310
board determines to be appropriate;	3311

(5) Adopt rules in accordance with Chapter 119. of the	3312
Revised Code to further implement the quality intervention	3313
program.	3314

An individual who participates in an individual educational	3315
program pursuant to this division shall pay the financial	3316
obligations arising from that educational program.	3317

Sec. 4731.91.  (A) On and after the effective date of this	3318
amendment, all abortions are prohibited in this state under	3319
sections 2919.12 and 2919.123 of the Revised Code.	3320

(B)(1) No private hospital, private hospital director, or	3321
governing board of a private hospital is required toshall permit	3322
an abortion.	3323

(B)(2) No public hospital, public hospital director, or	3324
governing board of a public hospital is required toshall permit	3325
an abortion.	3326

(C)(3) Refusal to permit an abortion is not grounds for civil	3327
liability nor a basis for disciplinary or other recriminatory	3328
action.	3329

(D)(4) No person is required toshall perform or participate	3330
in medical procedures whichthat result in abortion, and refusal.	3331
Refusal to perform or participate in the medical procedures that	3332
result in an abortion is not grounds for civil liability nor a	3333
basis for disciplinary or other recriminatory action.	3334

(E)(5) Whoever violates division (D)(B)(1), (2), or (4) of	3335
this section is liable into the pregnant woman, to the person who	3336
was the father of the fetus or embryo that was the subject of the	3337
abortion, and, if the pregnant woman was a minor at the time of	3338
the abortion, to her parents, guardian, or custodian for civil	3339
compensatory and exemplary damages.	3340

(C) Division (B)(4) of this section does not apply to a	3341
person who provides medical treatment to a pregnant woman to	3342
prevent the death of the pregnant woman and who, as a proximate	3343
result of the provision of that medical treatment but without	3344
intent to do so, causes the termination of the pregnant woman's	3345
pregnancy. Divisions (B)(1) and (2) of this section do not apply	3346
to a hospital, director, or governing board regarding the	3347
provision, by a person at the hospital, of medical treatment to a	3348
pregnant woman to prevent the death of the pregnant woman when the	3349
person, as a proximate result of the provision of that medical	3350
treatment but without intent to do so, causes the termination of	3351
the pregnant woman's pregnancy.	3352

Sec. 5101.55.  (A) All abortions are prohibited in this state	3353
under sections 2919.12 and 2919.123 of the Revised Code.	3354

(B)(1) No person shall be ordered by a public agency or any	3355
person to submit to an abortion.	3356

(B)(2) The refusal of any person to submit to an abortion or	3357
to give consent therefor shall not result in the loss of public	3358
assistance benefits or any other rights or privileges.	3359

(C)(3) State or local public funds shall not be used to	3360
subsidize an abortion, except as provided in section 5101.56 of	3361
the Revised Code.	3362

(D) Whoever violates division (B)(1) of this section is	3363
liable to the pregnant woman, to the person who was the father of	3364
the fetus or embryo that was the subject of the abortion, and, if	3365
the pregnant woman was a minor at the time of the abortion, to her	3366
parents, guardian, or custodian for civil compensatory and	3367
exemplary damages.	3368

Section 2. That existing sections 124.85, 149.43, 2151.421,	3369
2305.11, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09,	3370
2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341,	3371
4112.01, 4731.22, 4731.91, and 5101.55 and sections 2151.85,	3372
2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17, and	3373
2919.18 of the Revised Code are hereby repealed.	3374

Section 3. Notwithstanding section 1.50 of the Revised Code,	3375
it is the intent of the General Assembly that this entire act be	3376
given effect and read as a whole and to that end, the provisions	3377
of this act are not severable.	3378

Section 4. Section 149.43 of the Revised Code is presented	3379
in this act as a composite of the section as amended by both Sub.	3380
H.B. 9 and Sub. H.B. 141 of the 126th General Assembly. Section	3381
2505.02 of the Revised Code is presented in this act as a	3382
composite of the section as amended by both Am. Sub. H.B. 516 and	3383
Am. Sub. S.B. 80 of the 125th General Assembly. The General	3384
Assembly, applying the principle stated in division (B) of	3385
section 1.52 of the Revised Code that amendments are to be	3386
harmonized if reasonably capable of simultaneous operation, finds	3387
that the composites are the resulting versions of the sections in	3388
effect prior to the effective date of the sections as presented in	3389
this act.	3390