|
|
To amend sections 2907.29, 3313.6011, and 4729.16; to | 1 |
enact sections 1751.661, 3701.047, 3701.135, | 2 |
3727.11, 3727.12, 3923.602, 3923.611, 4729.43, and | 3 |
4729.45; to repeal section 3701.046 of the Revised | 4 |
Code; to amend Section 206.42.03 of Am. Sub. H.B. | 5 |
66 of the 126th General Assembly; to amend Section | 6 |
206.42.09 of Am. Sub. H.B. 66 of the 126th General | 7 |
Assembly, as subsequently amended; and to repeal | 8 |
Section 206.42.06 of Am. Sub. H.B. 66 of the 126th | 9 |
General Assembly regarding assistance for | 10 |
pregnancy prevention. | 11 |
Section 1. That sections 2907.29, 3313.6011, and 4729.16 be | 12 |
amended and sections 1751.661, 3701.047, 3701.135, 3727.11, | 13 |
3727.12, 3923.602, 3923.611, 4729.43, and 4729.45 of the Revised | 14 |
Code be enacted to read as follows: | 15 |
Sec. 1751.661. (A) No individual or group health insuring | 16 |
corporation policy, contract, or agreement shall do either of the | 17 |
following: | 18 |
(1) Limit or exclude coverage for prescription contraceptive | 19 |
drugs or devices approved by the United States food and drug | 20 |
administration, if the policy, contract, or agreement provides | 21 |
coverage for other prescription drugs or devices; | 22 |
(2) Limit or exclude coverage for physician-directed | 23 |
outpatient services that are related to the provision of such | 24 |
drugs or devices, if the policy, contract, or agreement provides | 25 |
coverage for other outpatient services rendered by a provider. | 26 |
(B) The coverage provided under division (A) of this section | 27 |
shall be subject to the same terms and conditions, including | 28 |
copayment charges, that apply to similar coverage provided under | 29 |
the policy, contract, or agreement. | 30 |
(C) This section applies notwithstanding section 3901.71 of | 31 |
the Revised Code. | 32 |
Sec. 2907.29. Every hospital of this state that offers | 33 |
organized emergency services shall provide that a physician, a | 34 |
physician assistant, a clinical nurse specialist, a certified | 35 |
nurse practitioner, or a certified nurse-midwife is available on | 36 |
call twenty-four hours each day for the examination of persons | 37 |
reported to any law enforcement agency to be victims of sexual | 38 |
offenses cognizable as violations of any provision of sections | 39 |
2907.02 to 2907.06 of the Revised Code. The physician, physician | 40 |
assistant, clinical nurse specialist, certified nurse | 41 |
practitioner, or certified nurse-midwife, upon the request of any | 42 |
peace officer or prosecuting attorney and with the consent of the | 43 |
reported victim or upon the request of the reported victim, shall | 44 |
examine the person for the purposes of gathering physical evidence | 45 |
and shall complete any written documentation of the physical | 46 |
examination. The public health council shall establish procedures | 47 |
for gathering evidence under this section. | 48 |
Each reported victim shall be informed of available venereal | 49 |
disease, pregnancy, medical, and psychiatric services in | 50 |
accordance with section 3727.11 of the Revised Code. | 51 |
Notwithstanding any other provision of law, a minor may | 52 |
consent to examination under this section. The consent is not | 53 |
subject to disaffirmance because of minority, and consent of the | 54 |
parent, parents, or guardian of the minor is not required for an | 55 |
examination under this section. However, the hospital shall give | 56 |
written notice to the parent, parents, or guardian of a minor that | 57 |
an examination under this section has taken place. The parent, | 58 |
parents, or guardian of a minor giving consent under this section | 59 |
are not liable for payment for any services provided under this | 60 |
section without their consent. | 61 |
Sec. 3313.6011. (A) As used in this section, "sexual | 62 |
activity" has the same meaning as in section 2907.01 of the | 63 |
Revised Code. | 64 |
(B) Instruction in venereal disease education pursuant to | 65 |
division (A)(5)(c) of section 3313.60 of the Revised Code shall | 66 |
67 |
(1) That abstinence from sexual activity is the only | 68 |
protection that is one hundred per cent effective against unwanted | 69 |
pregnancy, sexually transmitted disease, and the sexual | 70 |
transmission of a virus that causes acquired immunodeficiency | 71 |
syndrome; | 72 |
(2) The benefits and effectiveness of contraception and | 73 |
condom use as a way to prevent unintended pregnancy, sexually | 74 |
transmitted disease, and the sexual transmission of a virus that | 75 |
causes acquired immunodeficiency syndrome. | 76 |
(C) In adopting minimum standards under section 3301.07 of | 77 |
the Revised Code, the state board of education shall require | 78 |
course material and instruction in venereal disease education | 79 |
courses taught pursuant to division (A)(5)(c) of section 3313.60 | 80 |
of the Revised Code to do all of the following: | 81 |
(1) Stress | 82 |
83 | |
young people who have engaged in or are engaging in sexual | 84 |
activity; | 85 |
(2) | 86 |
87 | |
88 | |
and child about sexuality; | 89 |
(3) | 90 |
91 | |
92 | |
accurate manner that discusses both the health benefits and | 93 |
effectiveness rates in realistic use; | 94 |
(4) Teach young people the skills necessary to make | 95 |
responsible decisions about sexual activity including how to avoid | 96 |
receiving or making unwanted verbal, physical, and sexual | 97 |
advances; | 98 |
| 99 |
possible hazards of sexual activity; | 100 |
| 101 |
responsibility of parents to children born in and out of wedlock; | 102 |
| 103 |
criminal to have sexual contact with a person under the age of | 104 |
sixteen pursuant to section 2907.04 of the Revised Code. | 105 |
(D) Any model education program for health education the | 106 |
state board of education adopts shall conform to the requirements | 107 |
of this section. | 108 |
(E) On and after March 18, 1999, and notwithstanding section | 109 |
3302.07 of the Revised Code, the superintendent of public | 110 |
instruction shall not approve, pursuant to section 3302.07 of the | 111 |
Revised Code, any waiver of any requirement of this section or of | 112 |
any rule adopted by the state board of education pursuant to this | 113 |
section. | 114 |
Sec. 3701.047. (A) The department of health shall establish a | 115 |
program to award grants to public and private entities to | 116 |
establish or expand teenage pregnancy prevention programs. The | 117 |
department shall award grants in accordance with this section and | 118 |
any rules adopted by the public health council under division (F) | 119 |
of this section. | 120 |
(B) To be eligible for the grant program, an applicant shall | 121 |
meet the following requirements: | 122 |
(1) Replicate or substantially incorporate elements of one or | 123 |
more teenage pregnancy prevention programs that meet both of the | 124 |
following requirements: | 125 |
(a) Have been proven to delay sexual intercourse or sexual | 126 |
activity, increase contraceptive use without increasing sexual | 127 |
activity, or reduce teenage pregnancy based on scientific research | 128 |
that meets the following requirements: | 129 |
(i) Measured impact on sexual or contraceptive behavior, | 130 |
pregnancy, or childbearing; | 131 |
(ii) Employed an experimental or quasi-experimental design | 132 |
with well-constructed and appropriate comparison groups; | 133 |
(iii) Had a sample size of at least one hundred participants | 134 |
and a follow-up interval of at least six months. | 135 |
(b) Use one or more of the following strategies to prevent | 136 |
teenage pregnancy: encouraging teenagers to delay sexual activity, | 137 |
sex and HIV education, interventions for sexually active | 138 |
teenagers, preventive health services, youth development programs, | 139 |
serving learning programs, or outreach or media programs. | 140 |
(2) Demonstrate that the applicant will pay at least | 141 |
twenty-five per cent of the cost of the program from funds derived | 142 |
from nonfederal sources. The applicant's share of the cost of the | 143 |
program may be provided in cash or in-kind services. | 144 |
(3) Demonstrate that the grant funds will supplement, not | 145 |
supplant, funds that would otherwise be available to the entity | 146 |
for teenage prevention programs; | 147 |
(4) Meet any other requirements established by the public | 148 |
health council in rules adopted under division (F) of this | 149 |
section. | 150 |
(C)(1) The department shall give priority for awarding grants | 151 |
to applicants who serve one or more of the following communities: | 152 |
(a) Communities with teenage pregnancy or birth rates higher | 153 |
than the state average, or with rising teenage pregnancy or birth | 154 |
rates; | 155 |
(b) Communities with underserved or at-risk populations | 156 |
higher than the state average; | 157 |
(c) Communities located in areas where the applicant may take | 158 |
advantage of other resources and coordinate with other programs | 159 |
serving youth, such as workforce development or after-school | 160 |
programs. | 161 |
(2) The department shall not deny priority status to any of | 162 |
the following entities: | 163 |
(a) A statewide or local not-for-profit coalition working to | 164 |
prevent teenage pregnancy; | 165 |
(b) A state, local, or tribal agency; | 166 |
(c) A public or private school; | 167 |
(d) An entity that provides after-school programs; | 168 |
(e) A community or faith-based group. | 169 |
(D) A program is ineligible for grants under this section if | 170 |
the program is designated as an abstinence-only program or | 171 |
determined by the department to be an abstinence-only program. | 172 |
(E) Each year, the department shall conduct an evaluation of | 173 |
at least ten per cent of programs to which grants are awarded | 174 |
under this section. As part of this evaluation, the department | 175 |
shall collect basic data on each program. The department shall | 176 |
prepare a report detailing the effectiveness of grants issued | 177 |
under this section. A copy of the report shall be submitted to the | 178 |
general assembly not later than the thirty-first day of December | 179 |
of each year. | 180 |
The recipient of a grant awarded under this section shall | 181 |
provide all information requested by the department for purposes | 182 |
of the evaluation required by this division. | 183 |
(F) The public health council may adopt rules in accordance | 184 |
with Chapter 119. of the Revised Code regarding the following: | 185 |
(1) Any eligibility requirements for grant program applicants | 186 |
that are in addition to those provided in this section; | 187 |
(2) The methodology to be employed by the department in | 188 |
determining which applicants will receive grants; | 189 |
(3) Any other matters necessary for the implementation of | 190 |
this section. | 191 |
Sec. 3701.135. (A) As used in this section: | 192 |
(1) "Emergency contraception" means any drug, drug regimen, | 193 |
or device approved by the United States food and drug | 194 |
administration to prevent pregnancy after unprotected sexual | 195 |
intercourse or contraceptive failure. | 196 |
(2) "Health care practitioner" has the same meaning as in | 197 |
section 3701.74 of the Revised Code. | 198 |
(B) The department of health shall cause to be published | 199 |
materials explaining emergency contraception. The materials shall | 200 |
include, at a minimum, the following information: | 201 |
(1) An explanation of the use, safety, efficacy, and | 202 |
availability of emergency contraception; | 203 |
(2) A recommendation regarding the use of emergency | 204 |
contraception in appropriate cases; | 205 |
(3) An explanation of how an individual may obtain additional | 206 |
copies of the materials from the department. | 207 |
(C) The department shall furnish copies of the materials | 208 |
published under division (B) of this section to all of the | 209 |
following: | 210 |
(1) Health care practitioners; | 211 |
(2) Hospitals, ambulatory surgical facilities, long-term care | 212 |
facilities, pharmacies, and emergency medical facilities; | 213 |
(3) Any other health care organization providing public | 214 |
health services. | 215 |
Sec. 3727.11. (A) As used in this section and section 3727.12 | 216 |
of the Revised Code: | 217 |
(1) "Emergency contraception" means any drug, drug regimen, | 218 |
or device approved by the United States food and drug | 219 |
administration to prevent pregnancy after unprotected sexual | 220 |
intercourse or contraceptive failure. | 221 |
(2) "Hospital" has the same meaning as in section 3727.01 of | 222 |
the Revised Code. | 223 |
(3) "Sexual assault" means a violation of any provision of | 224 |
sections 2907.02 to 2907.06 of the Revised Code. | 225 |
(B) It shall be the standard of care for hospitals in this | 226 |
state for hospitals that offer organized emergency services to | 227 |
provide the following care to victims of sexual assault or | 228 |
individuals believed to be victims of sexual assault without | 229 |
regard of the victim's ability to pay for the care: | 230 |
(1) The hospital shall provide the victim medically and | 231 |
factually accurate, unbiased, and clear and concise written and | 232 |
oral information about emergency contraception that explains the | 233 |
following: | 234 |
(a) That emergency contraception has been approved by the | 235 |
United States food and drug administration for use by women of all | 236 |
ages with a prescription and as an over-the-counter medication for | 237 |
women eighteen years of age or older as a safe and effective means | 238 |
to prevent pregnancy after unprotected sexual intercourse or | 239 |
contraceptive failure if taken in a timely manner; | 240 |
(b) That emergency contraception is more effective the sooner | 241 |
it is taken following unprotected sexual intercourse or | 242 |
contraceptive failure; | 243 |
(c) That emergency contraception does not cause an abortion | 244 |
and studies have shown that it does not interrupt an established | 245 |
pregnancy. | 246 |
(2) The hospital shall promptly offer the victim emergency | 247 |
contraception and provide the emergency contraception if the | 248 |
victim accepts the offer. | 249 |
(3) The hospital shall promptly provide a victim with an | 250 |
assessment of the victim's risk of contracting sexually | 251 |
transmitted disease, conducted by a physician, physician | 252 |
assistant, clinical nurse specialist, certified nurse | 253 |
practitioner, or a certified nurse-midwife and based on the | 254 |
following: | 255 |
(a) The available information regarding the sexual assault as | 256 |
well as subsequent findings from the medical examinations and any | 257 |
tests conducted; | 258 |
(b) The established standards of risk assessment, including | 259 |
consideration of any recommendations established by the United | 260 |
States centers for disease control and prevention, peer-reviewed | 261 |
clinical studies, and appropriate research using invitro and | 262 |
nonhuman primate model of infection. | 263 |
(4) The hospital shall provide the victim with counseling, in | 264 |
clear and concise language, conducted by a physician, physician | 265 |
assistant, clinical nurse specialist, certified nurse | 266 |
practitioner, or a certified nurse-midwife concerning the | 267 |
following: | 268 |
(a) The significantly prevalent sexually transmitted diseases | 269 |
for which effective post-exposure treatment exists and for which | 270 |
deferral of treatment would either significantly reduce treatment | 271 |
efficacy or pose substantial risk to the victim's health; | 272 |
(b) The requirement that treatment for diseases described in | 273 |
this section be provided to the victim on request, regardless of | 274 |
the victim's ability to pay for the treatment. | 275 |
(5) The hospital shall offer to treat the victim for any | 276 |
sexually transmitted diseases to which the victim may have been | 277 |
exposed during the assault and provide the treatment if the victim | 278 |
consents to be treated. | 279 |
(C) Notwithstanding any other provision of law, a minor may | 280 |
consent to examination under this section. The consent is not | 281 |
subject to disaffirmance because of minority, and consent of the | 282 |
parent, parents, or guardian of the minor is not required for an | 283 |
examination under this section. The parent, parents, or guardian | 284 |
of a minor giving consent under this section are not liable for | 285 |
payment for any services provided under this section without their | 286 |
consent. | 287 |
(D) Nothing in this section shall be construed to mean the | 288 |
following: | 289 |
(1) That a hospital shall be required to provide treatment to | 290 |
a victim of sexual assault if the treatment goes against | 291 |
recommendations established by the United States centers for | 292 |
disease control and prevention; | 293 |
(2) That a victim shall be required to submit to any testing | 294 |
or treatment; | 295 |
(3) That a hospital is prohibited from seeking reimbursement | 296 |
for the costs of services provided under this section from the | 297 |
victim's health insurance or medicaid, if applicable, and to the | 298 |
extent permitted by section 2907.28 of the Revised Code. | 299 |
Sec. 3727.12. In addition to other remedies under common | 300 |
law, an individual may file a complaint with the department of | 301 |
health if the individual believes a hospital has failed to comply | 302 |
with the requirements of section 3727.11 of the Revised Code. The | 303 |
department shall investigate the complaint in a timely manner. If | 304 |
the department determines a violation has occurred, the department | 305 |
shall do the following: | 306 |
(A) If the hospital fails to provide the care or services | 307 |
required in section 3727.11 of the Revised Code to a sexual | 308 |
assault victim, impose a civil penalty of not less than ten | 309 |
thousand dollars for each violation; | 310 |
(B) If the hospital has previously violated section 3727.11 | 311 |
of the Revised Code, the department may ask the attorney general | 312 |
to bring an action for injunctive relief in any court of competent | 313 |
jurisdiction. On the filing of an appropriate petition in the | 314 |
court, the court shall conduct a hearing on the petition. If it is | 315 |
demonstrated in the proceedings that the hospital has failed to | 316 |
provide the care or services, the court shall grant a temporary or | 317 |
permanent injunction enjoining the hospital's operation. | 318 |
Sec. 3923.602. (A) No individual or group policy of sickness | 319 |
and accident insurance shall do either of the following: | 320 |
(1) Limit or exclude coverage for prescription contraceptive | 321 |
drugs or devices approved by the United States food and drug | 322 |
administration, if the policy provides coverage for other | 323 |
prescription drugs or devices; | 324 |
(2) Limit or exclude coverage for outpatient services | 325 |
rendered by a health care professional that are related to the | 326 |
provision of such drugs or devices, if the policy provides | 327 |
coverage for other outpatient services rendered by a health care | 328 |
professional. | 329 |
(B) The coverage provided under division (A) of this section | 330 |
shall be subject to the same terms and conditions, including | 331 |
copayments and deductibles, that apply to similar coverage | 332 |
provided under the policy. | 333 |
(C) This section applies notwithstanding section 3901.71 of | 334 |
the Revised Code. | 335 |
Sec. 3923.611. (A) No public employee benefit plan shall do | 336 |
either of the following: | 337 |
(1) Limit or exclude coverage for prescription contraceptive | 338 |
drugs or devices approved by the United States food and drug | 339 |
administration, if the plan provides coverage for other | 340 |
prescription drugs or devices; | 341 |
(2) Limit or exclude coverage for outpatient services | 342 |
rendered by a health care professional that are related to the | 343 |
provision of such drugs and devices, if the plan provides coverage | 344 |
for other outpatient services rendered by a health care | 345 |
professional. | 346 |
(B) The coverage provided under division (A) of this section | 347 |
shall be subject to the same terms and conditions, including | 348 |
copayments and deductibles, that apply to similar coverage | 349 |
provided under the plan. | 350 |
(C) This section applies notwithstanding section 3901.71 of | 351 |
the Revised Code. | 352 |
Sec. 4729.16. (A) The state board of pharmacy, after notice | 353 |
and hearing in accordance with Chapter 119. of the Revised Code, | 354 |
may revoke, suspend, limit, place on probation, or refuse to grant | 355 |
or renew an identification card, or may impose a monetary penalty | 356 |
or forfeiture not to exceed in severity any fine designated under | 357 |
the Revised Code for a similar offense, or in the case of a | 358 |
violation of a section of the Revised Code that does not bear a | 359 |
penalty, a monetary penalty or forfeiture of not more than five | 360 |
hundred dollars, if the board finds a pharmacist or pharmacy | 361 |
intern: | 362 |
(1) Guilty of a felony or gross immorality; | 363 |
(2) Guilty of dishonesty or unprofessional conduct in the | 364 |
practice of pharmacy; | 365 |
(3) Addicted to or abusing liquor or drugs or impaired | 366 |
physically or mentally to such a degree as to render the | 367 |
pharmacist or pharmacy intern unfit to practice pharmacy; | 368 |
(4) Has been convicted of a misdemeanor related to, or | 369 |
committed in, the practice of pharmacy; | 370 |
(5) Guilty of willfully violating, conspiring to violate, | 371 |
attempting to violate, or aiding and abetting the violation of any | 372 |
of the provisions of this chapter, sections 3715.52 to 3715.72 of | 373 |
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or | 374 |
any rule adopted by the board under those provisions; | 375 |
(6) Guilty of permitting anyone other than a pharmacist or | 376 |
pharmacy intern to practice pharmacy; | 377 |
(7) Guilty of knowingly lending the pharmacist's or pharmacy | 378 |
intern's name to an illegal practitioner of pharmacy or having | 379 |
professional connection with an illegal practitioner of pharmacy; | 380 |
(8) Guilty of dividing or agreeing to divide remuneration | 381 |
made in the practice of pharmacy with any other individual, | 382 |
including, but not limited to, any licensed health professional | 383 |
authorized to prescribe drugs or any owner, manager, or employee | 384 |
of a health care facility, residential care facility, or nursing | 385 |
home; | 386 |
(9) Has violated the terms of a consult agreement entered | 387 |
into pursuant to section 4729.39 of the Revised Code; | 388 |
(10) Has committed fraud, misrepresentation, or deception in | 389 |
applying for or securing a license or identification card issued | 390 |
by the board under this chapter or under Chapter 3715. or 3719. of | 391 |
the Revised Code; | 392 |
(11) Has failed to comply with the requirements of section | 393 |
4729.43 of the Revised Code. | 394 |
(B) Any individual whose identification card is revoked, | 395 |
suspended, or refused, shall return the identification card and | 396 |
license to the offices of the state board of pharmacy within ten | 397 |
days after receipt of notice of such action. | 398 |
(C) As used in this section: | 399 |
"Unprofessional conduct in the practice of pharmacy" includes | 400 |
any of the following: | 401 |
(1) Advertising or displaying signs that promote dangerous | 402 |
drugs to the public in a manner that is false or misleading; | 403 |
(2) Except as provided in section 4729.281 of the Revised | 404 |
Code, the sale of any drug for which a prescription is required, | 405 |
without having received a prescription for the drug; | 406 |
(3) Knowingly dispensing medication pursuant to false or | 407 |
forged prescriptions; | 408 |
(4) Knowingly failing to maintain complete and accurate | 409 |
records of all dangerous drugs received or dispensed in compliance | 410 |
with federal laws and regulations and state laws and rules; | 411 |
(5) Obtaining any remuneration by fraud, misrepresentation, | 412 |
or deception. | 413 |
(D) The board may suspend a license or identification card | 414 |
under division (B) of section 3719.121 of the Revised Code by | 415 |
utilizing a telephone conference call to review the allegations | 416 |
and take a vote. | 417 |
(E) If, pursuant to an adjudication under Chapter 119. of the | 418 |
Revised Code, the board has reasonable cause to believe that a | 419 |
pharmacist or pharmacy intern is physically or mentally impaired, | 420 |
the board may require the pharmacist or pharmacy intern to submit | 421 |
to a physical or mental examination, or both. | 422 |
Sec. 4729.43. (A) As used in this section: | 423 |
(1) "Contraception" or "contraceptive" means any drug or | 424 |
device approved by the United States food and drug administration | 425 |
to prevent pregnancy. | 426 |
(2) "Employee" means a person employed by a pharmacy by | 427 |
contract or any other form of an agreement. | 428 |
(3) "Product" means a drug or device approved by the United | 429 |
States food and drug administration. | 430 |
(4) "Professional judgment" means the use of professional | 431 |
knowledge and skills to form a clinical judgment in accordance | 432 |
with the prevailing medical standards. | 433 |
(5) "Without delay" means a pharmacy providing, providing a | 434 |
referral for, or ordering contraception, or transferring the | 435 |
prescription for contraception within the usual and customary | 436 |
timeframe at the pharmacy for providing, providing a referral for, | 437 |
or ordering other products, or transferring the prescription for | 438 |
other products. | 439 |
(B) Subject to division (E) of this section, if a customer | 440 |
requests a contraceptive that is in stock, the pharmacy shall | 441 |
ensure that the contraceptive is provided to the customer without | 442 |
delay. | 443 |
(C) Subject to division (E) of this section, if a customer | 444 |
requests a contraceptive that is not in stock and the pharmacy in | 445 |
the normal course of business stocks contraception, the pharmacy | 446 |
immediately shall inform the customer that the contraceptive is | 447 |
not in stock and without delay offer the customer the following | 448 |
options: | 449 |
(1) If the customer prefers to obtain the contraceptive | 450 |
through a referral or transfer, the pharmacy shall do both of the | 451 |
following: | 452 |
(a) Locate a pharmacy of the customer's choice or the closest | 453 |
pharmacy confirmed to have the contraceptive in stock; | 454 |
(b) Refer the customer or transfer the prescription to that | 455 |
pharmacy. | 456 |
(2) If the customer prefers to order the contraceptive | 457 |
through the pharmacy, the pharmacy shall obtain the contraceptive | 458 |
under the pharmacy's standard procedure for expedited ordering of | 459 |
products and notify the customer when the contraceptive arrives. | 460 |
(D) The pharmacy shall ensure that its employees do not do | 461 |
any of the following: | 462 |
(1) Intimidate, threaten, or harass customers in the delivery | 463 |
of services relating to a request for contraception; | 464 |
(2) Interfere with or obstruct the delivery of services | 465 |
relating to a request for contraception; | 466 |
(3) Intentionally misrepresent or deceive customers about the | 467 |
availability of contraception or its mechanism of action; | 468 |
(4) Breach medical confidentiality with respect to a request | 469 |
for contraception or threaten to breach such confidentiality; | 470 |
(5) Refuse to return a valid, lawful prescription for | 471 |
contraception on the customer's request. | 472 |
(E) This section does not prohibit a pharmacy from refusing | 473 |
to provide a contraceptive to a customer in any of the following | 474 |
circumstances: | 475 |
(1) It is unlawful to dispense the contraceptive to the | 476 |
customer without a valid, lawful prescription and no such | 477 |
prescription is presented. | 478 |
(2) The customer is unable to pay for the contraceptive. | 479 |
(3) The employee of the pharmacy refuses to provide the | 480 |
contraceptive on the basis of a professional judgment. | 481 |
Sec. 4729.45. (A) Any person who believes that a violation | 482 |
of section 4729.43 of the Revised Code has occurred may file a | 483 |
complaint with the state board of pharmacy. Not later than thirty | 484 |
days after receiving the complaint, the board shall investigate | 485 |
the complaint and determine whether a violation occurred. If the | 486 |
board determines a violation occurred, the board shall impose a | 487 |
fine of not more than five thousand dollars for each violation. | 488 |
(B) A person who has been injured by a violation of section | 489 |
4729.43 of the Revised Code may bring a civil action in a court of | 490 |
competent jurisdiction to recover damages for the person's injury, | 491 |
as well as costs and reasonable attorney's fees. | 492 |
(C) If the attorney general has cause to believe that a | 493 |
person or group of persons has been or may be injured by a | 494 |
violation of section 4729.43 of the Revised Code, the attorney | 495 |
general may commence a civil action in a court of competent | 496 |
jurisdiction to compel compliance with that section. In such | 497 |
action, the court may award appropriate relief on a finding that a | 498 |
violation or violations have occurred, including compensatory | 499 |
damages and punitive damages not exceeding five thousand dollars | 500 |
for each violation. | 501 |
Section 2. That existing sections 2907.29, 3313.6011, and | 502 |
4729.16 and section 3701.046 of the Revised Code are hereby | 503 |
repealed. | 504 |
Section 3. That Section 206.42.03 of Am. Sub. H.B. 66 of the | 505 |
126th General Assembly be amended to read as follows: | 506 |
Sec. 206.42.03. CHILD AND FAMILY HEALTH SERVICES | 507 |
Of the foregoing appropriation item 440-416, Child and Family | 508 |
Health Services, not more than $1,700,000 in each fiscal year | 509 |
shall be
used for
| 510 |
services. None of the funds received through these family planning | 511 |
grants shall be used to provide abortion services. None of the | 512 |
funds received through these family planning grants shall be used | 513 |
for counseling for or referrals for abortion, except in the case | 514 |
of a medical emergency. These funds shall be distributed on the | 515 |
basis of the relative need in the community served by the Director | 516 |
of Health to family planning programs, which shall include family | 517 |
planning programs funded under Title V of the "Social Security | 518 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and Title X | 519 |
of the "Public Health Services Act," 58 Stat. 682 (1946), 42 | 520 |
U.S.C. 201, as amended, as well as to other family planning | 521 |
programs that the Department of Health also determines will | 522 |
provide services that do not include referrals for abortion, other | 523 |
than in the case of medical emergency, with state moneys, but that | 524 |
otherwise substantially comply with the quality standards for such | 525 |
programs under Title V and Title X. | 526 |
The Director of Health, by rule, shall provide reasonable | 527 |
methods by which a grantee wishing to be eligible for federal | 528 |
funding may comply with these requirements for state funding | 529 |
without losing its eligibility for federal funding. | 530 |
Of the foregoing appropriation item 440-416, Child and Family | 531 |
Health Services, not more than $270,000 shall be used in each | 532 |
fiscal year for the OPTIONS dental care access program. | 533 |
Of the foregoing appropriation item 440-416, Child and Family | 534 |
Health Services, not more than $900,000 in each fiscal year shall | 535 |
be used by federally qualified health centers and federally | 536 |
designated look-alikes to provide services to uninsured low-income | 537 |
persons. | 538 |
Of the foregoing appropriation item 440-416, Child and Family | 539 |
Health Services, not more than $500,000 in each fiscal year shall | 540 |
be used for abstinence-only education. The Director of Health | 541 |
shall develop guidelines for the establishment of abstinence | 542 |
programs for teenagers with the purpose of decreasing unplanned | 543 |
pregnancies and abortion. The guidelines shall be developed | 544 |
pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, | 545 |
and shall include, but are not limited to, advertising campaigns | 546 |
and direct training in schools and other locations. In the future, | 547 |
Ohio shall opt-out of federal Title V money until questions raised | 548 |
about its use in Ohio regarding the program's inefficacy, medical | 549 |
inaccuracies, lack of evaluation, and lack of qualified teachers | 550 |
are answered. | 551 |
Agencies currently designated to receive the funding must | 552 |
complete a programmatic evaluation focused on outcomes, conducted | 553 |
by qualified independent evaluation teams to be determined by the | 554 |
Department. Ten per cent of Title V moneys distributed shall be | 555 |
used for purposes of such evaluation. | 556 |
Of the foregoing appropriation item 440-416, Child and Family | 557 |
Health Services, $10,000 in each fiscal year shall be allocated to | 558 |
the Jewish Family Services in Cleveland, $10,000 in each fiscal | 559 |
year shall be allocated to the Jewish Family Services in | 560 |
Cincinnati, $10,000 shall be allocated in each fiscal year to the | 561 |
Jewish Family Services in Columbus, and $10,000 in each fiscal | 562 |
year shall be allocated to the Wexner Heritage Village in Columbus | 563 |
for interpreters for health care. | 564 |
Of the foregoing appropriation item 440-416, Child and Family | 565 |
Health Services, $10,000 in each fiscal year shall be provided to | 566 |
the Jewish Family Services in Dayton, $5,000 in each fiscal year | 567 |
shall be provided to the Jewish Community Center in Akron, $5,000 | 568 |
in each fiscal year shall be provided to the Jewish Community | 569 |
Center in Sylvania, $2,500 in each fiscal year shall be provided | 570 |
to the Jewish Community Center in Youngstown, and $2,500 in each | 571 |
fiscal year shall be provided to the Jewish Community Center in | 572 |
Canton. | 573 |
Of the foregoing appropriation item 440-416, Child and Family | 574 |
Health Services, $450,000 in each fiscal year shall be allocated | 575 |
to the Visiting Nurse Association. | 576 |
Of the foregoing appropriation item 440-416, Child and Family | 577 |
Health Services, $16,667 in each fiscal year shall be allocated to | 578 |
the Yassenoff Jewish Community Center, $16,667 in each fiscal year | 579 |
shall be allocated to the Jewish Community Center in Cincinnati, | 580 |
and $16,666 in each fiscal year shall be allocated to the Jewish | 581 |
Community Center in Cleveland for children's health and nutrition | 582 |
camp programs. | 583 |
Of the foregoing appropriation item 440-416, Child and Family | 584 |
Health Services, $25,000 in each fiscal year shall be allocated to | 585 |
Clermont County's Comprehensive Community Suicide Prevention | 586 |
Program. | 587 |
Of the foregoing appropriation item 440-416, Child and Family | 588 |
Health Services, $100,000 in fiscal year 2006 shall be allocated | 589 |
to People Working Cooperatively in Cincinnati. | 590 |
Of the foregoing appropriation item 440-416, Child and Family | 591 |
Health Services, $50,000 in each fiscal year shall be allocated to | 592 |
the Mayerson Inclusion Project. | 593 |
Section 4. That existing Section 206.42.03 of Am. Sub. H.B. | 594 |
66 of the 126th General Assembly is hereby repealed. | 595 |
Section 5. That Section 206.42.09 of Am. Sub. H.B. 66 of the | 596 |
126th General Assembly, as amended by Am. Sub. H.B. 530 of the | 597 |
126th General Assembly, be amended to read as follows: | 598 |
Sec. 206.42.09. IMMUNIZATIONS | 599 |
Of the foregoing appropriation item 440-418, Immunizations, | 600 |
$800,000 in fiscal year 2007 shall be used for the purchase of | 601 |
varicella vaccines. | 602 |
FREE CLINIC LIABILITY INSURANCE | 603 |
Of the foregoing appropriation item 440-431, Free Clinic | 604 |
Liability Insurance, up to $20,000 in each fiscal year may be used | 605 |
by the Department of Health for administrative expenses related to | 606 |
the Medical Liability Insurance Reimbursement Program. The | 607 |
remainder in each fiscal year shall be used to pay for medical | 608 |
liability insurance for free clinics, including the clinics' staff | 609 |
and volunteer health care professionals and volunteer health care | 610 |
workers. The necessity and feasibility of the program shall be | 611 |
reviewed as part of the next biennial budget. | 612 |
HIV/AIDS PREVENTION/TREATMENT | 613 |
Of the foregoing appropriation item 440-444, AIDS Prevention | 614 |
and Treatment, not more than $6.7 million per fiscal year shall be | 615 |
used to assist persons with HIV/AIDS in acquiring HIV-related | 616 |
medications. | 617 |
INFECTIOUS DISEASE PREVENTION | 618 |
The foregoing appropriation item 440-446, Infectious Disease | 619 |
Prevention, shall be used for the purchase of drugs for sexually | 620 |
transmitted diseases. | 621 |
HELP ME GROW | 622 |
The foregoing appropriation item 440-459, Help Me Grow, shall | 623 |
be used by the Department of Health to distribute subsidies to | 624 |
counties to implement the Help Me Grow Program. Appropriation item | 625 |
440-459, Help Me Grow, may be used in conjunction with Temporary | 626 |
Assistance for Needy Families from the Department of Job and | 627 |
Family Services, Early Intervention funding from the Department of | 628 |
Mental Retardation and Developmental Disabilities, and in | 629 |
conjunction with other early childhood funds and services to | 630 |
promote the optimal development of young children. Local contracts | 631 |
shall be developed between local departments of job and family | 632 |
services and family and children first councils for the | 633 |
administration of TANF funding for the Help Me Grow Program. The | 634 |
Department of Health shall enter into an interagency agreement | 635 |
with the Department of Education, Department of Mental Retardation | 636 |
and Developmental Disabilities, Department of Job and Family | 637 |
Services, and Department of Mental Health to ensure that all early | 638 |
childhood programs and initiatives are coordinated and school | 639 |
linked. | 640 |
TARGETED HEALTH CARE SERVICES OVER 21 | 641 |
In each fiscal year, of the foregoing appropriation item | 642 |
440-507, Targeted Health Care Services Over 21, $731,023 shall be | 643 |
used to administer the cystic fibrosis program and implement the | 644 |
Hemophilia Insurance Premium Payment Program. | 645 |
Of the foregoing appropriation item 440-507, Targeted Health | 646 |
Care Services Over 21, $850,000 in fiscal year 2006 and $950,000 | 647 |
in fiscal year 2007 shall be used to provide essential medications | 648 |
and to pay the copayments for drugs approved by the Department of | 649 |
Health and covered by Medicare Part D that are dispensed to Bureau | 650 |
for Children with Medical Handicaps (BCMH) participants, in | 651 |
accordance with the section of | 652 |
126th General Assembly entitled "BCMH - MEDICARE PART D | 653 |
COPAYMENTS" for the cystic fibrosis program. | 654 |
MATERNAL CHILD HEALTH BLOCK GRANT | 655 |
Of the foregoing appropriation item 440-601, Maternal Child | 656 |
Health Block Grant
(Fund 320), $2,091,299 shall be used in | 657 |
fiscal year 2006 for the purposes of abstinence-only education. | 658 |
The Director of Health shall develop guidelines for the | 659 |
establishment of abstinence programs for teenagers with the | 660 |
purpose of decreasing unplanned pregnancies and abortion. The | 661 |
guidelines shall be developed under Title V of the "Social | 662 |
Security Act," 42 U.S.C. 510, and shall include, but are not | 663 |
limited to, advertising campaigns and direct training in schools | 664 |
and other locations. In the future, Ohio shall opt-out of federal | 665 |
Title V money until questions raised about its use in Ohio | 666 |
regarding the program's inefficacy, medical inaccuracies, lack of | 667 |
evaluation, and lack of qualified teachers are answered. | 668 |
Agencies currently designated to receive the funding must | 669 |
complete a programmatic evaluation focused on outcomes, conducted | 670 |
by qualified independent evaluation teams to be determined by the | 671 |
Department. Ten per cent of Title V moneys distributed shall be | 672 |
used for purposes of such evaluation. | 673 |
GENETICS SERVICES | 674 |
The foregoing appropriation item 440-608, Genetics Services | 675 |
(Fund 4D6), shall be used by the Department of Health to | 676 |
administer programs authorized by sections 3701.501 and 3701.502 | 677 |
of the Revised Code. None of these funds shall be used to counsel | 678 |
or refer for abortion, except in the case of a medical emergency. | 679 |
SAFETY AND QUALITY OF CARE STANDARDS | 680 |
The Department of Health may use Fund 471, Certificate of | 681 |
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 682 |
the Revised Code in each fiscal year. | 683 |
MEDICALLY HANDICAPPED CHILDREN AUDIT | 684 |
The Medically Handicapped Children Audit Fund (Fund 477) | 685 |
shall receive revenue from audits of hospitals and recoveries from | 686 |
third-party payers. Moneys may be expended for payment of audit | 687 |
settlements and for costs directly related to obtaining recoveries | 688 |
from third-party payers and for encouraging Medically Handicapped | 689 |
Children's Program recipients to apply for third-party benefits. | 690 |
Moneys also may be expended for payments for diagnostic and | 691 |
treatment services on behalf of medically handicapped children, as | 692 |
defined in division (A) of section 3701.022 of the Revised Code, | 693 |
and Ohio residents who are twenty-one or more years of age and who | 694 |
are suffering from cystic fibrosis or hemophilia. Moneys may also | 695 |
be expended for administrative expenses incurred in operating the | 696 |
Medically Handicapped Children's Program. | 697 |
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 698 |
PERMIT FUND | 699 |
The Director of Budget and Management, pursuant to a plan | 700 |
submitted by the Department of Health, or as otherwise determined | 701 |
by the Director of Budget and Management, shall set a schedule to | 702 |
transfer cash from the Liquor Control Fund (Fund 043) to the | 703 |
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 704 |
needs of the Alcohol Testing and Permit program. | 705 |
The Director of Budget and Management shall transfer to the | 706 |
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 707 |
Fund (Fund 043) created in section 4301.12 of the Revised Code | 708 |
such amounts at such times as determined by the transfer schedule. | 709 |
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 710 |
The foregoing appropriation item 440-607, Medically | 711 |
Handicapped Children - County Assessments (Fund 666), shall be | 712 |
used to make payments under division (E) of section 3701.023 of | 713 |
the Revised Code. | 714 |
Section 6. That existing Section 206.42.09 of Am. Sub. H.B. | 715 |
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 | 716 |
of the 126th General Assembly, is hereby repealed. | 717 |
Section 7. That Section 206.42.06 of Am. Sub. H.B. 66 of the | 718 |
126th General Assembly is hereby repealed. | 719 |
Section 8. Section 1751.661 of the Revised Code shall apply | 720 |
only to policies, contracts, and agreements that are delivered, | 721 |
issued for delivery, or renewed in this state on or after the | 722 |
effective date of this act; section 3923.602 of the Revised Code | 723 |
shall apply to policies of sickness and accident insurance on or | 724 |
after the effective date of this act in accordance with section | 725 |
3923.01 of the Revised Code; and section 3923.611 of the Revised | 726 |
Code shall apply only to plans that are established or modified in | 727 |
this state on or after the effective date of this act. | 728 |