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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 |
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 | 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 | 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 |
| 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 |
| 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. | 273 |
conception of at least twenty weeks of gestation shall be | 274 |
registered on a fetal
death certificate. | 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 | 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 |
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 | 400 |
Revised Code and
employees of the board of nursing for
| 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 | 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 |