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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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)
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) 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 |
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 |
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 |
(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 |
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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 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 |