As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 175

Senator Coughlin 

Cosponsors: Senators Clancy, Carey, Schuler, Buehrer, Jacobson, Goodman, Schuring, Gardner, Amstutz, Cates, Faber, Harris, Niehaus, Schaffer, Austria 

Representatives Otterman, J., Jones, Goodwin, Huffman, Uecker, Wachtmann, Adams, Aslanides, Bacon, Batchelder, Blessing, Brinkman, Coley, Collier, Combs, Dolan, Domenick, Driehaus, Evans, Fessler, Flowers, Gibbs, Hagan, J., Hite, Hottinger, Hughes, Mandel, McGregor, J., Mecklenborg, Oelslager, Raussen, Reinhard, Schindel, Schlichter, Schneider, Setzer, White, Zehringer 

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A BILL

To amend sections 3705.01, 3705.16, 3705.20,

1

3705.29, 3719.13, and 4765.11 and to enact

2

sections 517.071, 517.072, 759.49, 759.491,

3

1721.071, 1721.072, 3727.16, 4731.82, and

4

4765.57 of the Revised Code to enact the

5

Grieving Parents Act, regarding fetal death

6

certificates for, and burials of, the product of

7

human conception that suffers a fetal death and

8

to authorize the State Medical Board to inspect

9

certain records for purposes of enforcing law

10

governing physician assistants.

11

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

Section 1.  That sections 3705.01, 3705.16, 3705.20, 3705.29,	12
3719.13, and 4765.11 be amended and sections 517.071, 517.072,	13
759.49, 759.491, 1721.071, 1721.072, 3727.16, 4731.82, and	14
4765.57 of the Revised Code be enacted to read as follows:	15

Sec. 517.071.  (A) As used in this section and section	16
517.072 of the Revised Code, "fetal death" has the same meaning	17
as in section 3705.01 of the Revised Code.	18

(B) A board of township trustees may adopt rules for any	19
township cemetery over which it has control for the burial,	20
re-interment, or disinterment of the product of a fetal death.	21

(C) With regard to the product of a fetal death, on the	22
request of the mother and in compliance with cemetery rules, a	23
township cemetery shall inter the product of the fetal death in	24
accordance with one of the following:	25

(1) In a single grave within the cemetery that contains, or	26
will contain, the remains of a parent, sibling, or grandparent;	27

(2) In another location of the cemetery, including a separate	28
burial ground for infants, on a temporary or permanent basis.	29

Sec. 517.072.  (A) Subject to division (B) of this section,	30
re-interment or disinterment of the product of a fetal death	31
buried in accordance with division (C)(2) of section 517.071 of	32
the Revised Code is not subject to section 517.24 of the Revised	33
Code if one or both surviving parents provide written consent for	34
the re-interment or disinterment to the township cemetery and	35
comply with any rules adopted under division (B) of section	36
517.071 of the Revised Code.	37

(B) If two surviving parents are indicated on the township	38
cemetery's burial documents for the product of a fetal death	39
buried in accordance with division (C)(2) of section 517.071 of	40
the Revised Code and only one has given consent under division (A)	41
of this section, prior to re-interment or disinterment, the	42
cemetery promptly shall give notice of the consent to the parent	43
who did not give consent. The notice shall be sent by registered	44
mail, return receipt requested, to the parent's last known address	45
and contain a statement that the re-interment or disinterment will	46
occur if the cemetery does not receive written objection within	47
thirty days from the date the notice is sent. That parent may	48
object to the re-interment or disinterment by giving notice to the	49
cemetery by registered mail, return receipt requested, not later	50
than thirty days after the cemetery's notice is sent. If the	51
cemetery receives timely notice of the objection, the re-interment	52
or disinterment is subject to section 517.24 of the Revised Code.	53

(C) The cemetery shall re-inter or disinter the product of a	54
fetal death if both surviving parents provide written consent for	55
the re-interment or disinterment or if one parent consents and the	56
cemetery does not receive timely notice of any objection under	57
division (B) of this section.	58

Sec. 759.49.  (A) As used in this section and section 759.491	59
of the Revised Code, "fetal death" has the same meaning as in	60
section 3705.01 of the Revised Code.	61

(B) The legislative authority of a municipal corporation	62
owning a public burial ground or cemetery, whether within or	63
without the municipal corporation, may pass and provide for the	64
enforcement of ordinances for the burial, re-interment, or	65
disinterment of the product of a fetal death in that public	66
burial ground or cemetery.	67

(C) With regard to the product of a fetal death, on the	68
request of the mother and in compliance with the public burial	69
ground or cemetery's ordinances, a public burial ground or	70
cemetery shall inter the product of the fetal death in	71
accordance with one of the following:	72

(1) In a single grave within the public burial ground or	73
cemetery that contains, or will contain, the remains of a parent,	74
sibling, or grandparent;	75

(2) In another location of the public burial ground or	76
cemetery, including a separate burial ground for infants, on a	77
temporary or permanent basis.	78

Sec. 759.491.  (A) Subject to division (B) of this section,	79
re-interment or disinterment of the product of a fetal death	80
buried in accordance with division (C)(2) of section 759.49 of the	81
Revised Code is not subject to section 517.24 of the Revised Code	82
if one or both surviving parents provide written consent for the	83
re-interment or disinterment to the public burial ground or	84
cemetery and comply with any ordinances passed under division (B)	85
of section 759.49 of the Revised Code.	86

(B) If two surviving parents are indicated on the public	87
burial ground's or the cemetery's burial documents for the product	88
of a fetal death buried in accordance with division (C)(2) of	89
section 759.49 of the Revised Code and only one has given consent	90
under division (A) of this section, prior to re-interment or	91
disinterment, the public burial ground or cemetery promptly shall	92
give notice of the consent to the parent who did not give consent.	93
The notice shall be sent by registered mail, return receipt	94
requested, to the parent's last known address and contain a	95
statement that the re-interment or disinterment will occur if the	96
burial ground or cemetery does not receive written objection	97
within thirty days from the date the notice is sent. That parent	98
may object to the re-interment or disinterment by giving notice to	99
the burial ground or cemetery by registered mail, return receipt	100
requested, not later than thirty days after the burial ground's or	101
the cemetery's notice is sent. If the burial ground or cemetery	102
receives timely notice of the objection, the re-interment or	103
disinterment is subject to section 517.24 of the Revised Code.	104

(C) The public burial ground or cemetery shall re-inter or	105
disinter the product of a fetal death if both surviving parents	106
provide written consent for the re-interment or disinterment or if	107
one parent consents and the public burial ground or cemetery does	108
not receive timely notice of an objection under division (B) of	109
this section.	110

Sec. 1721.071.  (A) As used in this section and section	111
1721.072 of the Revised Code, "fetal death" has the same meaning	112
as in section 3705.01 of the Revised Code.	113

(B) A cemetery company or association may prescribe rules for	114
the burial, re-interment, or disinterment of the product of a	115
fetal death.	116

(C) With regard to the product of a fetal death, on the	117
request of the mother and in compliance with cemetery company or	118
association rules, a cemetery company or association shall inter	119
the product of the fetal death in accordance with one of the	120
following:	121

(1) In a single grave within the cemetery that contains, or	122
will contain, the remains of a parent, sibling, or grandparent;	123

(2) In another location of the cemetery, including a separate	124
burial ground for infants, on a temporary or permanent basis.	125

Sec. 1721.072.  (A) Subject to division (B) of this section,	126
re-interment or disinterment of the product of a fetal death	127
buried in accordance with division (C)(2) of section 1721.071 of	128
the Revised Code is not subject to section 517.24 of the Revised	129
Code if one or both surviving parents provide written consent for	130
the re-interment or disinterment to the cemetery and comply with	131
any rules adopted under division (B) of section 1721.071 of the	132
Revised Code.	133

(B) If two surviving parents are indicated on the cemetery's	134
burial documents for the product of a fetal death buried in	135
accordance with division (C)(2) of section 1721.071 of the Revised	136
Code and only one has given consent under division (A) of this	137
section, prior to re-interment or disinterment, the cemetery	138
promptly shall give notice of the consent to the parent who did	139
not give consent. The notice shall be sent by registered mail,	140
return receipt requested, to the parent's last known address and	141
contain a statement that the re-interment or disinterment will	142
occur if the cemetery does not receive written objection within	143
thirty days from the date the notice is sent. That parent may	144
object to the re-interment or disinterment by giving notice to	145
the cemetery by registered mail, return receipt requested, not	146
later than thirty days after the cemetery's notice is sent. If	147
the cemetery receives timely notice of the objection, the	148
re-interment or disinterment is subject to section 517.24 of the	149
Revised Code.	150

(C) A cemetery shall re-inter or disinter the product of a	151
fetal death if both surviving parents provide written consent for	152
the re-interment or disinterment or if one parent consents and the	153
cemetery does not receive timely notice of an objection under	154
division (B) of this section.	155

Sec. 3705.01.  As used in this chapter:

156

(A) "Live birth" means the complete expulsion or extraction	157
from its mother of a product of human conception that after such	158
expulsion or extraction breathes or shows any other evidence of	159
life such as beating of the heart, pulsation of the umbilical	160
cord, or definite movement of voluntary muscles, whether or not	161
the umbilical cord has been cut or the placenta is attached.	162

(B)(1) "Fetal death" means death prior to the complete	163
expulsion or extraction from its mother of a product of human	164
conception of at least twenty weeks of gestation, irrespective	165
of the duration of pregnancy, which after such expulsion or	166
extraction does not breathe or show any other evidence of life	167
such as beating of the heart, pulsation of the umbilical cord, or	168
definite movement of voluntary muscles.	169

(2) "Stillborn" means that an infant suffered a fetal death	170
of at least twenty weeks of gestation.	171

(C) "Dead body" means a human body or part of a human body	172
from the condition of which it reasonably may be concluded that	173
death recently occurred.	174

(D) "Physician" means a person licensed pursuant to Chapter	175
4731. of the Revised Code to practice medicine or surgery or	176
osteopathic medicine and surgery.	177

(E) "Attending physician" means the physician in charge of	178
the patient's care for the illness or condition that resulted in	179
death.	180

(F) "Institution" means any establishment, public or private,	181
that provides medical, surgical, or diagnostic care or treatment,	182
or domiciliary care, to two or more unrelated individuals, or to	183
persons committed by law.	184

(G) "Funeral director" has the meaning given in section	185
4717.01 of the Revised Code.	186

(H) "State registrar" means the head of the office of vital	187
statistics in the department of health.	188

(I) "Medical certification" means completion of the medical	189
certification portion of the certificate of death or fetal death	190
as to the cause of death or fetal death.	191

(J) "Final disposition" means the interment, cremation,	192
removal from the state, donation, or other authorized disposition	193
of a dead body or a fetal death.	194

(K) "Interment" means the final disposition of the remains of	195
a dead body by burial or entombment.	196

(L) "Cremation" means the reduction to ashes of a dead body.

197

(M) "Donation" means gift of a dead body to a research	198
institution or medical school.	199

(N) "System of vital statistics" means the registration,	200
collection, preservation, amendment, and certification of vital	201
records, the collection of other reports required by this chapter,	202
and activities related thereto.	203

(O) "Vital records" means certificates or reports of birth,	204
death, fetal death, marriage, divorce, dissolution of marriage,	205
annulment, and data related thereto and other documents maintained	206
as required by statute.	207

(P) "File" means the presentation of vital records for	208
registration by the office of vital statistics.	209

(Q) "Registration" means the acceptance by the office of	210
vital statistics and the incorporation of vital records into its	211
official records.	212

(R) "Birth record" means a birth certificate that has been	213
registered with the office of vital statistics; or, if registered	214
prior to the effective date of this sectionMarch 16, 1989, with	215
the division of vital statistics; or, if registered prior to the	216
establishment of the division of vital statistics, with the	217
department of health or a local registrar.	218

(S) "Certification of birth" means a document issued by the	219
director of health or state registrar or a local registrar under	220
division (B) of section 3705.23 of the Revised Code.	221

Sec. 3705.16. (A) For purposes of this section	222
notwithstanding section 3705.01 of the Revised Code, "fetal death"	223
does not include death of the product of human conception prior to	224
twenty weeks of gestation.	225

(B) Each death or fetal death that occurs in this state shall	226
be registered with the local registrar of vital statistics of the	227
district in which the death or fetal death occurred, by the	228
funeral director or other person in charge of the final	229
disposition of the remains. The personal and statistical	230
information in the death or fetal death certificate shall be	231
obtained from the best qualified persons or sources available, by	232
the funeral director or other person in charge of the final	233
disposition of the remains. The statement of facts relating to the	234
disposition of the body and information relative to the armed	235
services referred to in section 3705.19 of the Revised Code shall	236
be signed by the funeral director or other person in charge of the	237
final disposition of the remains.	238

(B)(C) The funeral director or other person in charge of the	239
final disposition of the remains shall present the death or fetal	240
death certificate to the attending physician of the decedent, the	241
coroner, or the medical examiner, as appropriate for certification	242
of the cause of death. If a death or fetal death occurs under any	243
circumstances mentioned in section 313.12 of the Revised Code, the	244
coroner in the county in which the death occurs, or a deputy	245
coroner, medical examiner, or deputy medical examiner serving in	246
an equivalent capacity, shall certify the cause of death unless	247
that death was reported to the coroner, deputy coroner, medical	248
examiner, or deputy medical examiner and that person, after a	249
preliminary examination, declined to assert jurisdiction with	250
respect to the death or fetal death. A physician other than the	251
coroner in the county in which a death or fetal death occurs, or a	252
deputy coroner, medical examiner, or deputy medical examiner	253
serving in an equivalent capacity, may certify only those deaths	254
that occur under natural circumstances.	255

The medical certificate of death shall be completed and	256
signed by the physician who attended the decedent or by the	257
coroner or medical examiner, as appropriate, within forty-eight	258
hours after the death or fetal death. A coroner or medical	259
examiner may satisfy the requirement of signing a medical	260
certificate showing the cause of death or fetal death as pending	261
either by stamping it with a stamp of the coroner's or medical	262
examiner's signature or by signing it in the coroner's or medical	263
examiner's own hand, but the coroner or medical examiner shall	264
sign any other medical certificate of death or supplementary	265
medical certification in the coroner's or medical examiner's own	266
hand.	267

(C)(D) Any death certificate registered pursuant to this	268
section shall contain the social security number of the decedent,	269
if available. A social security number obtained under this	270
section is a public record under section 149.43 of the Revised	271
Code.	272

Sec. 3705.20. A(A) The fetal death of the product of human	273
conception of at least twenty weeks of gestation shall be	274
registered on a fetal death certificate. A	275

On application of either parent, the fetal death of the	276
product of human conception prior to twenty weeks of gestation	277
shall be registered on a fetal death certificate, except that the	278
fetal death certificate shall not list the cause of death.	279

The parent shall include with the application a copy of the	280
statement required by division (B)(1) of section 3727.16 or	281
division (B)(1) of section 4731.82 of the Revised Code. If the	282
father submits the application, he shall also include with it a	283
signed and notarized document from the mother attesting that she	284
voluntarily provided the father with a copy of the statement.	285

A fetal death certificate for the product of human	286
conception prior to twenty weeks gestation is not proof of a live	287
birth for purposes of federal, state, and local taxes.	288

(B) The product of human conception that suffers a fetal	289
death which occursof at least twenty weeks of gestation occurring	290
in Ohio shall not be interred, deposited in a vault or tomb,	291
cremated, or otherwise disposed of by a funeral director or other	292
person until a fetal death certificate or provisional death	293
certificate has been filed with and a burial permit is issued by	294
the local registrar of vital statistics of the registration	295
district in which the fetal death occurs, or the body is found.	296
The	297

A burial permit for the product of human conception that	298
suffers a fetal death prior to twenty weeks of gestation shall be	299
issued by the local registrar of vital statistics of the	300
registration district in which the fetal death occurs if either	301
parent files a fetal death certificate with that registrar.	302

(C)(1) The department of health and the local registrar shall	303
keep a separate record and index record of fetal death	304
certificates.	305

(2) The personal or statistical information on the fetal	306
death certificate shall be obtained by the funeral director or	307
other person in charge of interment or cremation from the best	308
qualified persons or sources available.	309

Sec. 3705.29.  (A) No person shall do any of the following:

310

(1) Purposely make any false statement in a certificate,	311
record, or report required by this chapter or in an application or	312
amendment of it, or purposely supply false information with the	313
intent that that information be used in the preparation of any	314
such report, record, or certificate, or amendment of it;	315

(2) Without lawful authority and with intent to deceive,	316
counterfeit, alter, amend, or mutilate any certificate, record, or	317
report required by this chapter or any certified copy of it;	318

(3) Purposely obtain, possess, use, sell, furnish, or attempt	319
to obtain, possess, use, sell, or furnish to another for the	320
purpose of deception any certificate, record, or report required	321
by this chapter or any certified copy of it, or any certificate,	322
record, or report that is counterfeit, altered, or amended or	323
false in whole or part;	324

(4) Purposely obtain, possess, use, sell, furnish, or attempt	325
to obtain, possess, use, sell, or furnish to another for the	326
purpose of deception any certificate, record, or report required	327
by this chapter, or any certified copy of it, that relates to the	328
birth of another person, whether living or dead;	329

(5) Without lawful authority, possess any certificate,	330
record, or report required by this chapter or any copy of such a	331
certificate, record, or report, knowing it to have been stolen or	332
otherwise unlawfully obtained.	333

(B) No person employed by the office of vital statistics or a	334
local registrar shall purposely furnish or possess a birth record	335
or certified copy of a birth record with intent that it be used	336
for deception.	337

(C) No person shall do any of the following:

338

(1) Purposely refuse to provide information required by this	339
chapter or rules adopted under it;	340

(2) Purposely transport out of this state or accept for	341
interment or other disposition a dead body without a permit	342
required by this chapter;	343

(3) Knowingly prepare, issue, sell, or give any record or	344
certificate that is alleged to be an original vital record or a	345
certified copy of a vital record if the person knows or has reason	346
to know that it is not an original vital record or a certified	347
copy of a vital record;	348

(4) Refuse to comply with the requirements of this chapter or	349
violate any of the provisions of this chapter.	350

(D) No officer or employee of the department of health shall	351
knowingly reveal or provide any information contained in an	352
adoption file maintained by the department under section 3705.12	353
of the Revised Code to any person, or knowingly reveal or provide	354
the contents of an adoption file to any person, unless authorized	355
to do so by section 3705.12 of the Revised Code.	356

(E) If a death, or a fetal death of at least twenty weeks of	357
gestation, occurs under any circumstances mentioned in section	358
313.12 of the Revised Code, the coroner of the county in which the	359
death or fetal death occurs, or a deputy coroner, medical	360
examiner, or deputy medical examiner serving in an equivalent	361
capacity, shall certify the cause of that death unless the death	362
was reported to the coroner, deputy coroner, medical examiner, or	363
deputy medical examiner and that person, after a preliminary	364
examination, declined to assert jurisdiction with respect to the	365
death or fetal death.	366

(F) No physician other than the coroner in the county in	367
which a death, or a fetal death of at least twenty weeks of	368
gestation, occurs, or a deputy coroner, medical examiner, or	369
deputy medical examiner serving in an equivalent capacity, may	370
certify any death or fetal death that occurs under any	371
circumstances other than natural.	372

(G) If a death, or a fetal death of at least twenty weeks of	373
gestation, occurs under any circumstances mentioned in section	374
313.12 of the Revised Code, no person shall knowingly present a	375
death or fetal death certificate for the purpose of obtaining	376
certification of the cause of death to any physician other than	377
the coroner in the county in which the death or fetal death	378
occurred, or to a deputy coroner, medical examiner, or deputy	379
medical examiner serving in an equivalent capacity, unless that	380
death or fetal death was reported to the coroner, deputy coroner,	381
medical examiner, or deputy medical examiner and that person,	382
after a preliminary examination, declined to assert jurisdiction	383
with respect to the death or fetal death.	384

(H) No person, with intent to defraud or knowing that the	385
person is facilitating a fraud, shall do either of the following:	386

(1) Certify a cause of death in violation of the prohibition	387
of division (E) or (F) of this section;	388

(2) Obtain or attempt to obtain a certification of the cause	389
of a death or fetal death in violation of the prohibition of	390
division (G) of this section.	391

Sec. 3719.13.  Prescriptions, orders, and records, required	392
by Chapter 3719. of the Revised Code, and stocks of dangerous	393
drugs and controlled substances, shall be open for inspection only	394
to federal, state, county, and municipal officers, and employees	395
of the state board of pharmacy whose duty it is to enforce the	396
laws of this state or of the United States relating to controlled	397
substances. Such prescriptions, orders, records, and stocks shall	398
be open for inspection by employees of the state medical board for	399
purposes of enforcing ChapterChapters 4730. and 4731. of the	400
Revised Code and employees of the board of nursing for pursposes	401
purposes of enforcing Chapter 4723. of the Revised Code. No person	402
having knowledge of any such prescription, order, or record shall	403
divulge such knowledge, except in connection with a prosecution or	404
proceeding in court or before a licensing or registration board or	405
officer, to which prosecution or proceeding the person to whom	406
such prescriptions, orders, or records relate is a party.	407

Sec. 3727.16.  (A) As used in this section, "fetal death" has	408
the same meaning as in section 3705.01 of the Revised Code,	409
except that it does not include either of the following:	410

(1) The product of human conception of at least twenty weeks	411
of gestation;	412

(2) The purposeful termination of a pregnancy, as described	413
in section 2919.11 of the Revised Code.	414

(B) If a woman presents herself at a hospital as a result of	415
a fetal death, the hospital shall provide the woman with all of	416
the following:	417

(1) A written statement, not longer than one page in length,	418
that confirms that the woman was pregnant and that she	419
subsequently suffered a miscarriage that resulted in a fetal	420
death;	421

(2) Notice of the right of the woman to apply for a fetal	422
death certificate pursuant to section 3705.20 of the Revised	423
Code;	424

(3) A short, general description of the hospital's procedures	425
for disposing of the product of a fetal death.	426

A hospital or hospital employee may present the notice and	427
description required by divisions (B)(2) and (B)(3) of this	428
section through oral or written means. The hospital or hospital	429
employee shall document in the woman's medical record that all of	430
the items required by this division were provided to the woman and	431
shall place in the record a copy of the statement required by	432
division (B)(1) of this section.	433

(C) A hospital or hospital employee is immune from civil or	434
criminal liability or professional disciplinary action with regard	435
to any action taken in good faith compliance with this section.	436

Sec. 4731.82.  (A) As used in this section:

437

(1) "Fetal death" has the same meaning as in section 3705.01	438
of the Revised Code, except that it does not include either of	439
the following:	440

(a) The product of human conception of at least twenty weeks	441
of gestation;	442

(b) The purposeful termination of a pregnancy, as described	443
in section 2919.11 of the Revised Code.	444

(2) "Physician" means an individual holding a certificate to	445
practice medicine and surgery or osteopathic medicine and surgery	446
pursuant to this chapter.	447

(B) If a woman in the process of experiencing a fetal death	448
or with the product of human conception as a result of a fetal	449
death presents herself to a physician and is not referred to a	450
hospital, the attending physician shall provide the woman with	451
all of the following:	452

(1) A written statement, not longer than one page in length,	453
that confirms that the woman was pregnant and that she	454
subsequently suffered a miscarriage that resulted in a fetal	455
death;	456

(2) Notice of the right of the woman to apply for a fetal	457
death certificate pursuant to section 3705.20 of the Revised	458
Code;	459

(3) A short, general description of the attending physician's	460
procedures for disposing of the product of a fetal death.	461

The attending physician may present the notice and	462
description required by divisions (B)(2) and (B)(3) of this	463
section through oral or written means. The physician shall	464
document in the woman's medical record that all of the items	465
required by this division were provided to the woman and shall	466
place in the record a copy of the statement required by division	467
(B)(1) of this section.	468

(C) A physician is immune from civil or criminal liability or	469
professional disciplinary action with regard to any action taken	470
in good faith compliance with this section.	471

Sec. 4765.11.  (A) The state board of emergency medical	472
services shall adopt, and may amend and rescind, rules in	473
accordance with Chapter 119. of the Revised Code and division (C)	474
of this section that establish all of the following:	475

(1) Procedures for its governance and the control of its	476
actions and business affairs;	477

(2) Standards for the performance of emergency medical	478
services by first responders, emergency medical technicians-basic,	479
emergency medical technicians-intermediate, and emergency medical	480
technicians-paramedic;	481

(3) Application fees for certificates of accreditation,	482
certificates of approval, certificates to teach, and certificates	483
to practice, which shall be deposited into the trauma and	484
emergency medical services fund created in section 4513.263 of the	485
Revised Code;	486

(4) Criteria for determining when the application or renewal	487
fee for a certificate to practice may be waived because an	488
applicant cannot afford to pay the fee;	489

(5) Procedures for issuance and renewal of certificates of	490
accreditation, certificates of approval, certificates to teach,	491
and certificates to practice, including any procedures necessary	492
to ensure that adequate notice of renewal is provided in	493
accordance with division (D) of section 4765.30 of the Revised	494
Code;	495

(6) Procedures for suspending or revoking certificates of	496
accreditation, certificates of approval, certificates to teach,	497
and certificates to practice;	498

(7) Grounds for suspension or revocation of a certificate to	499
practice issued under section 4765.30 of the Revised Code and for	500
taking any other disciplinary action against a first responder,	501
EMT-basic, EMT-I, or paramedic;	502

(8) Procedures for taking disciplinary action against a first	503
responder, EMT-basic, EMT-I, or paramedic;	504

(9) Standards for certificates of accreditation and	505
certificates of approval;	506

(10) Qualifications for certificates to teach;

507

(11) Requirements for a certificate to practice;

508

(12) The curricula, number of hours of instruction and	509
training, and instructional materials to be used in adult and	510
pediatric emergency medical services training programs and adult	511
and pediatric emergency medical services continuing education	512
programs;	513

(13) Procedures for conducting courses in recognizing	514
symptoms of life-threatening allergic reactions and in calculating	515
proper dosage levels and administering injections of epinephrine	516
to adult and pediatric patients who suffer life-threatening	517
allergic reactions;	518

(14) Examinations for certificates to practice;

519

(15) Procedures for administering examinations for	520
certificates to practice;	521

(16) Procedures for approving examinations that demonstrate	522
competence to have a certificate to practice renewed without	523
completing an emergency medical services continuing education	524
program;	525

(17) Procedures for granting extensions and exemptions of	526
emergency medical services continuing education requirements;	527

(18) Procedures for approving the additional emergency	528
medical services first responders are authorized by division (C)	529
of section 4765.35 of the Revised Code to perform, EMTs-basic are	530
authorized by division (C) of section 4765.37 of the Revised Code	531
to perform, EMTs-I are authorized by division (B)(5) of section	532
4765.38 of the Revised Code to perform, and paramedics are	533
authorized by division (B)(6) of section 4765.39 of the Revised	534
Code to perform;	535

(19) Standards and procedures for implementing the	536
requirements of section 4765.06 of the Revised Code, including	537
designations of the persons who are required to report information	538
to the board and the types of information to be reported;	539

(20) Procedures for administering the emergency medical	540
services grant program established under section 4765.07 of the	541
Revised Code;	542

(21) Procedures consistent with Chapter 119. of the Revised	543
Code for appealing decisions of the board;	544

(22) Minimum qualifications and peer review and quality	545
improvement requirements for persons who provide medical direction	546
to emergency medical service personnel;	547

(23) The manner in which a patient, or a patient's parent,	548
guardian, or custodian may consent to the board releasing	549
identifying information about the patient under division (D) of	550
section 4765.102 of the Revised Code;	551

(24) Circumstances under which a training program or	552
continuing education program, or portion of either type of	553
program, may be taught by a person who does not hold a certificate	554
to teach issued under section 4765.23 of the Revised Code.	555

(B) The board may adopt, and may amend and rescind, rules in	556
accordance with Chapter 119. of the Revised Code and division (C)	557
of this section that establish the following:	558

(1) Specifications of information that may be collected under	559
the trauma system registry and incidence reporting system created	560
under section 4765.06 of the Revised Code;	561

(2) Standards and procedures for implementing any of the	562
recommendations made by any committees of the board or under	563
section 4765.574765.04 of the Revised Code;	564

(3) Requirements that a person must meet to receive a	565
certificate to practice as a first responder pursuant to division	566
(A)(2) of section 4765.30 of the Revised Code;	567

(4) Any other rules necessary to implement this chapter.

568

(C) In developing and administering rules adopted under this	569
chapter, the state board of emergency medical services shall	570
consult with regional directors and regional physician advisory	571
boards created by section 4765.05 of the Revised Code and	572
emphasize the special needs of pediatric and geriatric patients.	573

(D) Except as otherwise provided in this division, before	574
adopting, amending, or rescinding any rule under this chapter, the	575
board shall submit the proposed rule to the director of public	576
safety for review. The director may review the proposed rule for	577
not more than sixty days after the date it is submitted. If,	578
within this sixty-day period, the director approves the proposed	579
rule or does not notify the board that the rule is disapproved,	580
the board may adopt, amend, or rescind the rule as proposed. If,	581
within this sixty-day period, the director notifies the board that	582
the proposed rule is disapproved, the board shall not adopt,	583
amend, or rescind the rule as proposed unless at least twelve	584
members of the board vote to adopt, amend, or rescind it.	585

This division does not apply to an emergency rule adopted in	586
accordance with section 119.03 of the Revised Code.	587

Sec. 4765.57.  (A) As used in this section, "fetal death" has	588
the same meaning as in section 3705.01 of the Revised Code.	589

(B) Emergency medical service personnel shall dispose of the	590
product of a fetal death in the manner set forth for the	591
disposition of fetal remains in the "emergency medical	592
technician-basic: national standard curriculum."	593

Section 2.  That existing sections 3705.01, 3705.16, 3705.20,	594
3705.29, 3719.13, and 4765.11 of the Revised Code are hereby	595
repealed.	596

Section 3. This act shall be known as "The Grieving Parents	597
Act."	598