As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 176

Senator Fedor 

Cosponsors: Senators Miller, D., Kearney, Turner, Morano, Cafaro, Strahorn, Miller, R., Wilson, Schiavoni, Sawyer, Smith 

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A BILL

To amend sections 2907.29, 3313.60, 3313.6011,

1

3314.03, 3326.11, and 4729.16; to enact sections

2

1751.69, 3701.048, 3701.137, 3727.60, 3727.601,

3

3727.602, 3923.85, 4729.43, and 4729.44; and to

4

repeal section 3701.046 of the Revised Code

5

regarding assistance for pregnancy prevention.

6

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

Section 1. That sections 2907.29, 3313.60, 3313.6011,	7
3314.03, 3326.11, and 4729.16 be amended and sections 1751.69,	8
3701.048, 3701.137, 3727.60, 3727.601, 3727.602, 3923.85,	9
4729.43, and 4729.44 of the Revised Code be enacted to read as	10
follows:	11

Sec. 1751.69. (A) Notwithstanding section 3901.71 of the	12
Revised Code, no individual or group health insuring corporation	13
policy, contract, or agreement that is delivered, issued for	14
delivery, or renewed in this state shall do either of the	15
following:	16

(1) Limit or exclude coverage for prescription contraceptive	17
drugs or devices approved by the United States food and drug	18
administration, if the policy, contract, or agreement provides	19
coverage for other prescription drugs or devices;	20

(2) Limit or exclude coverage for physician-directed	21
outpatient services that are related to the provision of such	22
drugs or devices, if the policy, contract, or agreement provides	23
coverage for other outpatient services rendered by a provider.	24

(B) The coverage provided under division (A) of this section	25
shall be subject to the same terms and conditions, including	26
copayment charges, that apply to similar coverage provided under	27
the policy, contract, or agreement.	28

Sec. 2907.29.  Every hospital of this state that offers	29
organized emergency services shall provide that a physician, a	30
physician assistant, a clinical nurse specialist, a certified	31
nurse practitioner, or a certified nurse-midwife is available on	32
call twenty-four hours each day for the examination of persons	33
reported to any law enforcement agency to be victims of sexual	34
offenses cognizable as violations of any provision of sections	35
2907.02 to 2907.06 of the Revised Code. The physician, physician	36
assistant, clinical nurse specialist, certified nurse	37
practitioner, or certified nurse-midwife, upon the request of any	38
peace officer or prosecuting attorney and with the consent of the	39
reported victim or upon the request of the reported victim, shall	40
examine the person for the purposes of gathering physical evidence	41
and shall complete any written documentation of the physical	42
examination. The public health council shall establish procedures	43
for gathering evidence under this section.	44

Each reported victim shall be informed of available venereal	45
sexually transmitted disease, pregnancy, medical, and psychiatric	46
services in accordance with section 3727.601 of the Revised Code.	47

Notwithstanding any other provision of law, a minor may	48
consent to examination under this section. The consent is not	49
subject to disaffirmance because of minority, and consent of the	50
parent, parents, or guardian of the minor is not required for an	51
examination under this section. However, the hospital shall give	52
written notice to the parent, parents, or guardian of a minor that	53
an examination under this section has taken place. The parent,	54
parents, or guardian of a minor giving consent under this section	55
are not liable for payment for any services provided under this	56
section without their consent.	57

Sec. 3313.60.  Notwithstanding division (D) of section	58
3311.52 of the Revised Code, divisions (A) to (E) of this section	59
do not apply to any cooperative education school district	60
established pursuant to divisions (A) to (C) of section 3311.52 of	61
the Revised Code.	62

(A) The board of education of each city and exempted village	63
school district, the governing board of each educational service	64
center, and the board of each cooperative education school	65
district established pursuant to section 3311.521 of the Revised	66
Code shall prescribe a curriculum for all schools under their	67
control. Except as provided in division (E) of this section, in	68
any such curriculum there shall be included the study of the	69
following subjects:	70

(1) The language arts, including reading, writing, spelling,	71
oral and written English, and literature;	72

(2) Geography, the history of the United States and of Ohio,	73
and national, state, and local government in the United States,	74
including a balanced presentation of the relevant contributions to	75
society of men and women of African, Mexican, Puerto Rican, and	76
American Indian descent as well as other ethnic and racial groups	77
in Ohio and the United States;	78

(3) Mathematics;

79

(4) Natural science, including instruction in the	80
conservation of natural resources;	81

(5) Health education, which shall include instruction in:

82

(a) The nutritive value of foods, including natural and	83
organically produced foods, the relation of nutrition to health,	84
the use and effects of food additives;	85

(b) The harmful effects of and legal restrictions against the	86
use of drugs of abuse, alcoholic beverages, and tobacco;	87

(c) Venereal diseaseSexually transmitted infection	88
prevention education, including HIV/AIDS prevention education in	89
accordance with section 3313.6011 of the Revised Code, except that	90
upon written request of the student's parent or guardian, a	91
student shall be excused from taking instruction in venereal	92
disease education;sexually transmitted infection prevention.	93
Instruction shall stress, if age-appropriate, the value of	94
abstinence while not ignoring those who have been or are sexually	95
active. Therefore, abstinence shall not be taught to the exclusion	96
of other instruction and materials on contraceptive and disease	97
reduction measures.	98

(d) In grades kindergarten through six, instruction in	99
personal safety and assault prevention, except that upon written	100
request of the student's parent or guardian, a student shall be	101
excused from taking instruction in personal safety and assault	102
prevention.	103

(6) Physical education;

104

(7) The fine arts, including music;

105

(8) First aid, including a training program in	106
cardiopulmonary resuscitation, safety, and fire prevention, except	107
that upon written request of the student's parent or guardian, a	108
student shall be excused from taking instruction in	109
cardiopulmonary resuscitation.	110

(B) Except as provided in division (E) of this section, every	111
school or school district shall include in the requirements for	112
promotion from the eighth grade to the ninth grade one year's	113
course of study of American history. A board may waive this	114
requirement for academically accelerated students who, in	115
accordance with procedures adopted by the board, are able to	116
demonstrate mastery of essential concepts and skills of the	117
eighth grade American history course of study.	118

(C) Except as provided in division (E) of this section, every	119
high school shall include in the requirements for graduation from	120
any curriculum one unit of American history and government,	121
including a study of the constitutions of the United States and of	122
Ohio.	123

(D) Except as provided in division (E) of this section, basic	124
instruction in geography, United States history, the government of	125
the United States, the government of the state of Ohio, local	126
government in Ohio, the Declaration of Independence, the United	127
States Constitution, and the Constitution of the state of Ohio	128
shall be required before pupils may participate in courses	129
involving the study of social problems, economics, foreign	130
affairs, United Nations, world government, socialism and	131
communism.	132

(E) For each cooperative education school district	133
established pursuant to section 3311.521 of the Revised Code and	134
each city, exempted village, and local school district that has	135
territory within such a cooperative district, the curriculum	136
adopted pursuant to divisions (A) to (D) of this section shall	137
only include the study of the subjects that apply to the grades	138
operated by each such school district. The curriculums for such	139
schools, when combined, shall provide to each student of these	140
districts all of the subjects required under divisions (A) to (D)	141
of this section.	142

(F) The board of education of any cooperative education	143
school district established pursuant to divisions (A) to (C) of	144
section 3311.52 of the Revised Code shall prescribe a curriculum	145
for the subject areas and grade levels offered in any school under	146
its control.	147

(G) Upon the request of any parent or legal guardian of a	148
student, the board of education of any school district shall	149
permit the parent or guardian to promptly examine, with respect to	150
the parent's or guardian's own child:	151

(1) Any survey or questionnaire, prior to its administration	152
to the child;	153

(2) Any textbook, workbook, software, video, or other	154
instructional materials being used by the district in connection	155
with the instruction of the child;	156

(3) Any completed and graded test taken or survey or	157
questionnaire filled out by the child;	158

(4) Copies of the statewide academic standards and each model	159
curriculum developed pursuant to section 3301.079 of the Revised	160
Code, which copies shall be available at all times during school	161
hours in each district school building.	162

Sec. 3313.6011.  (A) As used in this section, "sexual	163
activity" has the same meaning as in section 2907.01 of the	164
Revised Code.	165

(B) Instruction in venereal disease education pursuant to	166
division (A)(5)(c) of section 3313.60 of the Revised Code shall	167
emphasize that abstinence from sexual activity is the only	168
protection that is one hundred per cent effective against unwanted	169
pregnancy, sexually transmitted disease, and the sexual	170
transmission of a virus that causes acquired immunodeficiency	171
syndrome.	172

(C) In adopting minimum standards under section 3301.07 of	173
the Revised Code, the state board of education shall require	174
course material and instruction in venereal disease education	175
courses taught pursuant to division (A)(5)(c) of section 3313.60	176
of the Revised Code to do all of the following:	177

(1) Stress that students should abstain from sexual activity	178
until after marriage;	179

(2) Teach the potential physical, psychological, emotional,	180
and social side effects of participating in sexual activity	181
outside of marriage;	182

(3) Teach that conceiving children out of wedlock is likely	183
to have harmful consequences for the child, the child's parents,	184
and society;	185

(4) Stress that sexually transmitted diseases are serious	186
possible hazards of sexual activity;	187

(5) Advise students of the laws pertaining to financial	188
responsibility of parents to children born in and out of wedlock;	189

(6) Advise students of the circumstances under which it is	190
criminal to have sexual contact with a person under the age of	191
sixteen pursuant to section 2907.04 of the Revised Code;	192

(7) Emphasize adoption as an option for unintended	193
pregnancies.	194

(D):

195

(1) "Age-appropriate" means designed to teach concepts,	196
information, and skills based on the social, cognitive, emotional,	197
and experience level of pupils.	198

(2) "Comprehensive sexual health education" means education	199
regarding human development and sexuality, including education on	200
sexual health, family planning, and sexually transmitted	201
infections.	202

(3) "HIV/AIDS prevention education" means instruction on the	203
nature of HIV/AIDS, methods of transmission, strategies to reduce	204
the risk of human immunodeficiency virus (HIV) infection, and	205
social and public health issues related to HIV/AIDS. "HIV/AIDS	206
prevention education" is not comprehensive sexual health	207
education.	208

(4) "Instructors trained in the appropriate courses" means	209
instructors with knowledge of the most recent medically and	210
scientifically accurate research on human sexuality, pregnancy,	211
and sexually transmitted infections.	212

(5) "Medically and scientifically accurate" means verified or	213
supported by research conducted in compliance with scientific	214
methods and published in peer-reviewed journals, where	215
appropriate, and recognized as accurate and objective by	216
professional organizations and agencies with expertise in the	217
relevant field, such as the United States centers for disease	218
control and prevention and the American college of obstetricians	219
and gynecologists.	220

(B) Any school district or educational service center may	221
offer comprehensive sexual health education. Beginning August 1,	222
2010, each school district and educational service center that	223
elects to offer comprehensive sexual health education shall ensure	224
that the program meets all of the following requirements:	225

(1) Instruction and materials shall be age-appropriate.

226

(2) All factual information shall be medically and	227
scientifically accurate.	228

(3) Instruction and materials shall be appropriate for use	229
with all pupils regardless of gender, race, ethnic and cultural	230
background, religion, disability, sexual orientation, or gender	231
identity.	232

(4) Instruction and materials shall encourage pupils to	233
communicate with their parents or guardians about human sexuality.	234

(5) Instruction and materials shall teach all of the	235
following:	236

(a) That abstinence from sexual activity is the only certain	237
way to avoid pregnancy, sexually transmitted diseases, and other	238
associated health problems;	239

(b) That bearing children outside of a committed relationship	240
is likely to have consequences for the child, the child's parents,	241
and society;	242

(c) Young people how to effectively reject sexual advances	243
and how alcohol and drug use increases vulnerability to sexual	244
advances;	245

(d) The importance of attaining self-sufficiency before	246
engaging in sexual activity.	247

(6) If age-appropriate, instruction and materials shall	248
stress the value of abstinence while not ignoring those young	249
people who have been or are sexually active. Therefore,	250
abstinence shall not be taught to the exclusion of other	251
instruction and materials on contraceptive and disease reduction	252
measures.	253

(7) If age-appropriate, instruction and materials shall	254
provide information about the effectiveness and safety, including	255
the health benefits and side effects, of all contraceptive methods	256
in preventing unintended pregnancy and reducing the risk of	257
contracting sexually transmitted infections.	258

(8) Instruction about sexually transmitted infections shall	259
commence not later than grade seven. That instruction shall	260
include how sexually transmitted infections are and are not	261
transmitted, the effectiveness and methods of reducing the risk	262
of contracting sexually transmitted infections, and	263
identification of local resources for testing and medical care	264
for sexually transmitted infections and HIV.	265

(9) If age-appropriate, instruction and materials shall	266
provide pupils with skills for negotiating intimate relationships	267
and making and implementing responsible decisions about sexuality.	268

(10) If age-appropriate, instruction and materials shall	269
include a discussion of the possible emotional, physical, and	270
psychological consequences of preadolescent and adolescent sexual	271
activity and the emotional, physical, and psychological	272
consequences of unintended pregnancy.	273

(11) Instruction and materials shall teach pupils to	274
recognize unwanted physical and verbal sexual advances, not to	275
make unwanted physical and verbal sexual advances, and how to	276
effectively reject unwanted sexual advances. The instruction and	277
materials shall cover verbal, physical, and visual sexual	278
harassment, including nonconsensual physical sexual contact and	279
rape by an acquaintance or family member. The course information	280
and materials shall emphasize personal accountability and respect	281
for others and shall encourage youth to resist peer pressure.	282

(12) Comprehensive sexual health education shall not include	283
any instruction or materials that teach or promote religious	284
doctrine.	285

A school district or educational service center may use	286
separate, outside speakers or prepared curricula to teach	287
different content areas or units with the comprehensive sexual	288
health education program, as long as all speakers, curricula, and	289
materials used comply with this section.	290

(C) Each city, local, exempted village, and joint vocational	291
school district shall ensure that each pupil in grades seven	292
through twelve receives HIV/AIDS prevention education from	293
instructors trained in the appropriate courses. Each pupil shall	294
receive this instruction at least once in grades seven through	295
nine, and at least once in grades ten through twelve. HIV/AIDS	296
prevention education, whether taught by school district personnel	297
or outside consultants, shall accurately reflect the latest	298
information and recommendations from the United States surgeon	299
general, the United States centers for disease control and	300
prevention, and the national academy of sciences, and shall	301
include all of the following:	302

(1) Information on the nature of HIV/AIDS and its effects on	303
the human body;	304

(2) Information on the manner in which HIV is and is not	305
transmitted, including information on activities that present the	306
highest risk of HIV infection;	307

(3) Discussion of methods to reduce the risk of HIV	308
infection, which shall emphasize that sexual abstinence, monogamy,	309
and the avoidance of multiple sexual partners, and abstinence from	310
intravenous drug use, are the most effective means for HIV/AIDS	311
prevention, but shall also include statistics based upon the	312
latest medical information citing the success and failure rates of	313
condoms and other contraceptives in preventing sexually	314
transmitted HIV infection, as well as information on other methods	315
that may reduce the risk of HIV transmission from intravenous drug	316
use;	317

(4) Discussion of the public health issues associated with	318
HIV/AIDS;	319

(5) Information on local resources for HIV testing and	320
medical care;	321

(6) Instruction and materials that provide pupils with skills	322
for negotiating intimate relationships and making and implementing	323
responsible decisions about sexuality;	324

(7) Discussion about societal views on HIV/AIDS, including	325
stereotypes and myths regarding persons with HIV/AIDS, which shall	326
emphasize an understanding of the disease and its impact on	327
people's lives;	328

(8) Instruction and materials that teach pupils to recognize	329
unwanted physical and verbal sexual advances, not to make unwanted	330
physical and verbal sexual advances, and how to effectively reject	331
unwanted sexual advances. The instruction and materials shall	332
cover verbal, physical, and visual sexual harassment, including	333
nonconsensual physical sexual contact and rape by an acquaintance	334
or family member. The course information and materials shall	335
emphasize personal accountability and respect for others and shall	336
encourage youth to resist peer pressure.	337

(D) Each school district and educational service center shall	338
cooperatively plan and provide, through regional planning, joint	339
powers agreements, or contract services, in-service training for	340
all school district personnel who provide comprehensive sexual	341
health education or HIV/AIDS prevention education. In doing so,	342
each district and service center shall consult with the department	343
of education.	344

The in-service training shall be conducted periodically to	345
enable district and service center personnel to learn new	346
developments in the scientific understanding of sexual health and	347
HIV/AIDS. The in-service training shall be voluntary for district	348
and service center personnel who have demonstrated expertise or	349
received in-service training from the department or the United	350
States centers for disease control and prevention.	351

A district or service center may contract with outside	352
consultants with expertise in comprehensive sexual health	353
education and HIV/AIDS prevention education, including those who	354
have developed multilingual curricula or curricula accessible to	355
persons with disabilities, to deliver the in-service training to	356
district or service center personnel.	357

(E) At the beginning of each school year, or at the time of	358
enrollment in the case of a pupil who enrolls after the beginning	359
of the school year, each school district shall notify the parent	360
or guardian of each pupil about instruction in comprehensive	361
sexual health education and HIV/AIDS prevention education and	362
about research on pupil health behaviors and health risks planned	363
for that year. The notice shall advise parents and guardians of	364
all of the following:	365

(1) That written and audio-visual educational materials used	366
in comprehensive sexual health education and HIV/AIDS prevention	367
education are available for inspection;	368

(2) Whether comprehensive sexual health education or HIV/AIDS	369
prevention education will be taught by school district personnel	370
or by outside consultants;	371

(3) That a parent or guardian may request a copy of this	372
section;	373

(4) That a parent or guardian may request in writing that the	374
child not receive comprehensive sexual health education or	375
HIV/AIDS prevention education.	376

A school district or educational service center shall not	377
permit a pupil to attend any class in comprehensive sexual health	378
education or HIV/AIDS prevention education if the school has	379
received a written request from the pupil's parent or guardian	380
excusing the pupil from participation. A pupil who is so excused	381
shall not be subject to disciplinary action, academic penalty, or	382
other sanction, and the district or service center shall make an	383
alternative educational activity available for the pupil while	384
comprehensive sexual health education or HIV/AIDS prevention	385
education is conducted.	386

Each school district and educational service center shall	387
make written and audio-visual educational materials used in	388
comprehensive sexual health education and HIV/AIDS prevention	389
education available for inspection by the parents and guardians of	390
pupils. Each school district shall provide a copy of this section	391
upon request to the parent or guardian of a pupil enrolled in the	392
district.	393

(F) Any model education program for health education the	394
state board of education adopts shall conform to the requirements	395
of this section.	396

(E) On and after March 18, 1999, and notwithstanding(G) If a	397
school district or educational service center does not elect to	398
offer comprehensive sexual health education under this section,	399
any sexual education that the school district or educational	400
service center offers, including instruction in sexually	401
transmitted infection prevention pursuant to division (A)(5)(c) of	402
section 3313.60 of the Revised Code, shall stress, if	403
age-appropriate, the value of abstinence while not ignoring those	404
who have been or are sexually active. Therefore, abstinence shall	405
not be taught to the exclusion of other instruction and materials	406
on contraceptive and disease reduction measures.	407

(H) Notwithstanding section 3302.07 of the Revised Code, the	408
superintendent of public instruction shall not approve, pursuant	409
to that section 3302.07 of the Revised Code, any waiver of any	410
requirement of this section or of any rule adopted by the state	411
board of education pursuant to this section.	412

Sec. 3314.03.  A copy of every contract entered into under	413
this section shall be filed with the superintendent of public	414
instruction.	415

(A) Each contract entered into between a sponsor and the	416
governing authority of a community school shall specify the	417
following:	418

(1) That the school shall be established as either of the	419
following:	420

(a) A nonprofit corporation established under Chapter 1702.	421
of the Revised Code, if established prior to April 8, 2003;	422

(b) A public benefit corporation established under Chapter	423
1702. of the Revised Code, if established after April 8, 2003;.	424

(2) The education program of the school, including the	425
school's mission, the characteristics of the students the school	426
is expected to attract, the ages and grades of students, and the	427
focus of the curriculum;	428

(3) The academic goals to be achieved and the method of	429
measurement that will be used to determine progress toward those	430
goals, which shall include the statewide achievement assessments;	431

(4) Performance standards by which the success of the school	432
will be evaluated by the sponsor;	433

(5) The admission standards of section 3314.06 of the Revised	434
Code and, if applicable, section 3314.061 of the Revised Code;	435

(6)(a) Dismissal procedures;

436

(b) A requirement that the governing authority adopt an	437
attendance policy that includes a procedure for automatically	438
withdrawing a student from the school if the student without a	439
legitimate excuse fails to participate in one hundred five	440
consecutive hours of the learning opportunities offered to the	441
student.	442

(7) The ways by which the school will achieve racial and	443
ethnic balance reflective of the community it serves;	444

(8) Requirements for financial audits by the auditor of	445
state. The contract shall require financial records of the school	446
to be maintained in the same manner as are financial records of	447
school districts, pursuant to rules of the auditor of state.	448
Audits shall be conducted in accordance with section 117.10 of	449
the Revised Code.	450

(9) The facilities to be used and their locations;

451

(10) Qualifications of teachers, including a requirement that	452
the school's classroom teachers be licensed in accordance with	453
sections 3319.22 to 3319.31 of the Revised Code, except that a	454
community school may engage noncertificated persons to teach up to	455
twelve hours per week pursuant to section 3319.301 of the Revised	456
Code;	457

(11) That the school will comply with the following	458
requirements:	459

(a) The school will provide learning opportunities to a	460
minimum of twenty-five students for a minimum of nine hundred	461
twenty hours per school year.	462

(b) The governing authority will purchase liability	463
insurance, or otherwise provide for the potential liability of the	464
school.	465

(c) The school will be nonsectarian in its programs,	466
admission policies, employment practices, and all other	467
operations, and will not be operated by a sectarian school or	468
religious institution.	469

(d) The school will comply with sections 9.90, 9.91, 109.65,	470
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	471
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	472
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	473
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	474
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	475
3313.716, 3313.718, 3313.719, 3313.80, 3313.86, 3313.96,	476
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01,	477
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	478
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	479
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	480
of the Revised Code as if it were a school district and will	481
comply with section 3301.0714 of the Revised Code in the manner	482
specified in section 3314.17 of the Revised Code.	483

(e) The school shall comply with Chapter 102. and section	484
2921.42 of the Revised Code.	485

(f) The school will comply with sections 3313.61, 3313.611,	486
and 3313.614 of the Revised Code, except that for students who	487
enter ninth grade for the first time before July 1, 2010, the	488
requirement in sections 3313.61 and 3313.611 of the Revised Code	489
that a person must successfully complete the curriculum in any	490
high school prior to receiving a high school diploma may be met by	491
completing the curriculum adopted by the governing authority of	492
the community school rather than the curriculum specified in Title	493
XXXIII of the Revised Code or any rules of the state board of	494
education. Beginning with students who enter ninth grade for the	495
first time on or after July 1, 2010, the requirement in sections	496
3313.61 and 3313.611 of the Revised Code that a person must	497
successfully complete the curriculum of a high school prior to	498
receiving a high school diploma shall be met by completing the	499
Ohio core curriculum prescribed in division (C) of section	500
3313.603 of the Revised Code, unless the person qualifies under	501
division (D) or (F) of that section. Each school shall comply with	502
the plan for awarding high school credit based on demonstration of	503
subject area competency, adopted by the state board of education	504
under division (J) of section 3313.603 of the Revised Code.	505

(g) The school governing authority will submit within four	506
months after the end of each school year a report of its	507
activities and progress in meeting the goals and standards of	508
divisions (A)(3) and (4) of this section and its financial status	509
to the sponsor and the parents of all students enrolled in the	510
school.	511

(h) The school, unless it is an internet- or computer-based	512
community school, will comply with section 3313.801 of the Revised	513
Code as if it were a school district.	514

(12) Arrangements for providing health and other benefits to	515
employees;	516

(13) The length of the contract, which shall begin at the	517
beginning of an academic year. No contract shall exceed five	518
years unless such contract has been renewed pursuant to division	519
(E) of this section.	520

(14) The governing authority of the school, which shall be	521
responsible for carrying out the provisions of the contract;	522

(15) A financial plan detailing an estimated school budget	523
for each year of the period of the contract and specifying the	524
total estimated per pupil expenditure amount for each such year.	525
The plan shall specify for each year the base formula amount that	526
will be used for purposes of funding calculations under section	527
3314.08 of the Revised Code. This base formula amount for any year	528
shall not exceed the formula amount defined under section 3317.02	529
of the Revised Code. The plan may also specify for any year a	530
percentage figure to be used for reducing the per pupil amount of	531
the subsidy calculated pursuant to section 3317.029 of the Revised	532
Code the school is to receive that year under section 3314.08 of	533
the Revised Code.	534

(16) Requirements and procedures regarding the disposition of	535
employees of the school in the event the contract is terminated or	536
not renewed pursuant to section 3314.07 of the Revised Code;	537

(17) Whether the school is to be created by converting all or	538
part of an existing public school or educational service center	539
building or is to be a new start-up school, and if it is a	540
converted public school or service center building, specification	541
of any duties or responsibilities of an employer that the board of	542
education or service center governing board that operated the	543
school or building before conversion is delegating to the	544
governing authority of the community school with respect to all	545
or any specified group of employees provided the delegation is	546
not prohibited by a collective bargaining agreement applicable to	547
such employees;	548

(18) Provisions establishing procedures for resolving	549
disputes or differences of opinion between the sponsor and the	550
governing authority of the community school;	551

(19) A provision requiring the governing authority to adopt a	552
policy regarding the admission of students who reside outside the	553
district in which the school is located. That policy shall comply	554
with the admissions procedures specified in sections 3314.06 and	555
3314.061 of the Revised Code and, at the sole discretion of the	556
authority, shall do one of the following:	557

(a) Prohibit the enrollment of students who reside outside	558
the district in which the school is located;	559

(b) Permit the enrollment of students who reside in districts	560
adjacent to the district in which the school is located;	561

(c) Permit the enrollment of students who reside in any other	562
district in the state.	563

(20) A provision recognizing the authority of the department	564
of education to take over the sponsorship of the school in	565
accordance with the provisions of division (C) of section 3314.015	566
of the Revised Code;	567

(21) A provision recognizing the sponsor's authority to	568
assume the operation of a school under the conditions specified in	569
division (B) of section 3314.073 of the Revised Code;	570

(22) A provision recognizing both of the following:

571

(a) The authority of public health and safety officials to	572
inspect the facilities of the school and to order the facilities	573
closed if those officials find that the facilities are not in	574
compliance with health and safety laws and regulations;	575

(b) The authority of the department of education as the	576
community school oversight body to suspend the operation of the	577
school under section 3314.072 of the Revised Code if the	578
department has evidence of conditions or violations of law at the	579
school that pose an imminent danger to the health and safety of	580
the school's students and employees and the sponsor refuses to	581
take such action;	582

(23) A description of the learning opportunities that will be	583
offered to students including both classroom-based and	584
non-classroom-based learning opportunities that is in compliance	585
with criteria for student participation established by the	586
department under division (L)(2) of section 3314.08 of the	587
Revised Code;	588

(24) The school will comply with sections 3302.04 and	589
3302.041 of the Revised Code, except that any action required to	590
be taken by a school district pursuant to those sections shall	591
be taken by the sponsor of the school. However, the sponsor	592
shall not be required to take any action described in division	593
(F) of section 3302.04 of the Revised Code.	594

(25) Beginning in the 2006-2007 school year, the school will	595
open for operation not later than the thirtieth day of September	596
each school year, unless the mission of the school as specified	597
under division (A)(2) of this section is solely to serve dropouts.	598
In its initial year of operation, if the school fails to open by	599
the thirtieth day of September, or within one year after the	600
adoption of the contract pursuant to division (D) of section	601
3314.02 of the Revised Code if the mission of the school is solely	602
to serve dropouts, the contract shall be void.	603

(B) The community school shall also submit to the sponsor a	604
comprehensive plan for the school. The plan shall specify the	605
following:	606

(1) The process by which the governing authority of the	607
school will be selected in the future;	608

(2) The management and administration of the school;

609

(3) If the community school is a currently existing public	610
school or educational service center building, alternative	611
arrangements for current public school students who choose not to	612
attend the converted school and for teachers who choose not to	613
teach in the school or building after conversion;	614

(4) The instructional program and educational philosophy of	615
the school;	616

(5) Internal financial controls.

617

(C) A contract entered into under section 3314.02 of the	618
Revised Code between a sponsor and the governing authority of a	619
community school may provide for the community school governing	620
authority to make payments to the sponsor, which is hereby	621
authorized to receive such payments as set forth in the contract	622
between the governing authority and the sponsor. The total amount	623
of such payments for oversight and monitoring of the school shall	624
not exceed three per cent of the total amount of payments for	625
operating expenses that the school receives from the state.	626

(D) The contract shall specify the duties of the sponsor	627
which shall be in accordance with the written agreement entered	628
into with the department of education under division (B) of	629
section 3314.015 of the Revised Code and shall include the	630
following:	631

(1) Monitor the community school's compliance with all laws	632
applicable to the school and with the terms of the contract;	633

(2) Monitor and evaluate the academic and fiscal performance	634
and the organization and operation of the community school on at	635
least an annual basis;	636

(3) Report on an annual basis the results of the evaluation	637
conducted under division (D)(2) of this section to the department	638
of education and to the parents of students enrolled in the	639
community school;	640

(4) Provide technical assistance to the community school in	641
complying with laws applicable to the school and terms of the	642
contract;	643

(5) Take steps to intervene in the school's operation to	644
correct problems in the school's overall performance, declare the	645
school to be on probationary status pursuant to section 3314.073	646
of the Revised Code, suspend the operation of the school pursuant	647
to section 3314.072 of the Revised Code, or terminate the contract	648
of the school pursuant to section 3314.07 of the Revised Code as	649
determined necessary by the sponsor;	650

(6) Have in place a plan of action to be undertaken in the	651
event the community school experiences financial difficulties or	652
closes prior to the end of a school year.	653

(E) Upon the expiration of a contract entered into under this	654
section, the sponsor of a community school may, with the approval	655
of the governing authority of the school, renew that contract for	656
a period of time determined by the sponsor, but not ending earlier	657
than the end of any school year, if the sponsor finds that the	658
school's compliance with applicable laws and terms of the contract	659
and the school's progress in meeting the academic goals prescribed	660
in the contract have been satisfactory. Any contract that is	661
renewed under this division remains subject to the provisions of	662
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	663

(F) If a community school fails to open for operation within	664
one year after the contract entered into under this section is	665
adopted pursuant to division (D) of section 3314.02 of the Revised	666
Code or permanently closes prior to the expiration of the	667
contract, the contract shall be void and the school shall not	668
enter into a contract with any other sponsor. A school shall not	669
be considered permanently closed because the operations of the	670
school have been suspended pursuant to section 3314.072 of the	671
Revised Code. Any contract that becomes void under this division	672
shall not count toward any statewide limit on the number of such	673
contracts prescribed by section 3314.013 of the Revised Code.	674

Sec. 3326.11. Each science, technology, engineering, and	675
mathematics school established under this chapter and its	676
governing body shall comply with sections 9.90, 9.91, 109.65,	677
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	678
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	679
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	680
3313.50, 3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013,	681
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,	682
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	683
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,	684
3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	685
3313.86, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321,	686
3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,	687
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	688
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	689
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	690
4123., 4141., and 4167. of the Revised Code as if it were a	691
school district.	692

Sec. 3701.048. (A) There is hereby created the Ohio teen	693
pregnancy prevention task force. The task force shall commence its	694
activities not later than thirty days after the effective date of	695
this section.	696

(B)(1) The task force shall consist of the following members:

697

(a) The director of health or the director's designee;

698

(b) The superintendent of public instruction or the	699
superintendent's designee;	700

(c) Two members of the house of representatives, one	701
appointed by the speaker of the house of representatives and one	702
appointed by the minority leader of the house of representatives;	703

(d) Two members of the senate, one appointed by the president	704
of the senate and one appointed by the minority leader of the	705
senate;	706

(e) Representatives of the following, appointed by the	707
director of health:	708

(i) Community-based organizations that provide teen pregnancy	709
prevention services;	710

(ii) Public health professionals;

711

(iii) Licensed medical practitioners;

712

(iv) School nurses.

713

(2) Members shall serve without compensation, but may be	714
reimbursed for actual and necessary expenses incurred in the	715
performance of their duties. The department of health shall	716
provide meeting space for the task force.	717

(C) The director of health or the director's designee shall	718
serve as chairperson of the task force. The director may appoint	719
additional task force members under division (B)(1)(e) of this	720
section who are relevant to the duties of the task force.	721

(D) The task force shall do all of the following:

722

(1) Convene at the call of the chairperson;

723

(2) Advise the governor and general assembly on strategies to	724
prevent teen pregnancy in this state;	725

(3) Monitor and evaluate implementation of strategies to	726
prevent teen pregnancy in this state, identify barriers to	727
implementing those strategies, and establish methods to overcome	728
the barriers;	729

(4) Collect and maintain information regarding successful	730
teen pregnancy prevention programs, research, and other relevant	731
materials to guide the governor and general assembly in their	732
efforts to reduce the number of teen pregnancies in this state;	733

(5) Explore the establishment of a program within the	734
department of health that would award grants to public and private	735
entities to establish or expand teen pregnancy prevention	736
programs;	737

(6) Collect information provided by local communities	738
regarding successful teen pregnancy prevention programs;	739

(7) Hold meetings and maintain records of the meetings;

740

(8) Perform any other duties specified by the director of	741
health.	742

(E) Not later than December 1 of each year, the task force	743
shall submit an annual report to the governor and general assembly	744
that summarizes its findings and recommendations for changes to	745
the laws of this state regarding teen pregnancy. The initial	746
report shall also include a comprehensive assessment of teen	747
pregnancy in this state and make recommendations for reducing the	748
number of teen pregnancies. Subsequent reports shall also evaluate	749
the success of programs undertaken to reduce teen pregnancies and	750
make additional recommendations as necessary.	751

Sec. 3701.137.  (A) As used in this section, "emergency	752
contraception" means any drug, drug regimen, or device approved	753
by the United States food and drug administration to prevent	754
pregnancy after unprotected sexual intercourse or contraceptive	755
failure.	756

(B) The department of health shall create and make available	757
on its web site information explaining emergency contraception.	758
The information shall be made available in a format suitable for	759
downloading. The information shall include an explanation of the	760
use, safety, efficacy, and availability of emergency	761
contraception, and a recommendation regarding the use of emergency	762
contraception in appropriate cases.	763

Sec. 3727.60.  As used in this section and sections 3727.601	764
and 3727.602 of the Revised Code:	765

(A) "Drug" has the same meaning as in the "Federal Food,	766
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	767
321(g)(1).	768

(B) "Device" has the same meaning as in the "Federal Food,	769
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	770
321(h).	771

(C) "Emergency contraception" means any drug, drug regimen,	772
or device approved by the United States food and drug	773
administration that is intended to prevent pregnancy after	774
unprotected sexual intercourse or contraceptive failure.	775

(D) "Sexual assault" means a violation of sections 2907.02 to	776
2907.06 of the Revised Code.	777

Sec. 3727.601.  (A) It shall be the standard of care in this	778
state for hospitals that offer organized emergency services to	779
provide the services specified in division (B) of this section to	780
victims of sexual assault or individuals believed to be victims	781
of sexual assault. The services shall be provided without regard	782
to the victim's ability to pay for the services.	783

(B)(1) Except as provided in division (D)(1) of this section,	784
the hospital shall provide the victim or individual believed to	785
be a victim with information about emergency contraception. The	786
information shall be medically and factually accurate and	787
unbiased. It shall be provided in clear and concise language in	788
both written and oral formats. The information shall explain the	789
following:	790

(a) That emergency contraception has been approved by the	791
United States food and drug administration for use by women of all	792
ages with a prescription and as an over-the-counter product for	793
women seventeen years of age or older as a safe and effective	794
means to prevent pregnancy after unprotected sexual intercourse	795
or contraceptive failure if used in a timely manner;	796

(b) That emergency contraception is more effective the sooner	797
it is used following unprotected sexual intercourse or	798
contraceptive failure;	799

(c) That emergency contraception does not cause an abortion	800
and studies have shown that it does not interrupt an established	801
pregnancy.	802

(2) Except as provided in division (D)(1) of this section,	803
the hospital shall promptly offer emergency contraception to the	804
victim or individual believed to be a victim and provide the	805
emergency contraception if the victim or individual accepts the	806
offer.	807

(3) The hospital shall promptly provide the victim or	808
individual believed to be a victim with an assessment of the	809
victim's or individual's risk of contracting sexually transmitted	810
diseases, including gonorrhea, chlamydia, syphilis, and	811
hepatitis. The assessment shall be conducted by a physician,	812
physician assistant, clinical nurse specialist, certified nurse	813
practitioner, or a certified nurse-midwife. The assessment shall	814
be based on the following:	815

(a) The available information regarding the sexual assault;

816

(b) The established standards of risk assessment, including	817
consideration of any recommendations established by the United	818
States centers for disease control and prevention, peer-reviewed	819
clinical studies, and appropriate research using in vitro and	820
nonhuman primate models of infection.	821

(4) After conducting the assessment, the hospital shall	822
provide the victim or individual believed to be a victim with	823
counseling concerning the significantly prevalent sexually	824
transmitted diseases for which effective postexposure treatment	825
exists and for which deferral of treatment would either	826
significantly reduce treatment efficacy or pose substantial risk	827
to the victim's or individual's health, including the diseases	828
for which prophylactic treatment is recommended based on	829
guidelines from the centers for disease control and prevention.	830
The counseling shall be provided by a physician, physician	831
assistant, clinical nurse specialist, certified nurse	832
practitioner, or certified nurse-midwife. The counseling shall be	833
provided in clear and concise language.	834

(5) After providing the counseling, the hospital shall offer	835
treatment for sexually transmitted diseases to the victim or	836
individual believed to be a victim. The hospital shall provide the	837
treatment if the victim or individual accepts the offer.	838

(6) Before the victim or individual believed to be a victim	839
leaves the hospital, the hospital shall provide the victim or	840
individual with counseling on the physical and mental health	841
benefits of seeking follow-up care from the victim's or	842
individual's primary care physician or from another medical care	843
provider capable of providing follow-up care to victims of sexual	844
assault. The counseling shall include information on local	845
organizations and relevant health providers capable of providing	846
either follow-up medical care or other health services to victims	847
of sexual assault. The counseling shall be provided by a	848
physician, physician assistant, clinical nurse specialist,	849
certified nurse practitioner, or certified nurse-midwife. The	850
counseling shall be provided in clear and concise language.	851

(C) In the case of minors, the services specified in this	852
section shall be provided at the discretion of the treating	853
physician and in accordance with the guidelines of the centers for	854
disease control and prevention.	855

Notwithstanding any other provision of law, a minor may	856
consent to the services specified in this section. The consent is	857
not subject to disaffirmance because of minority, and consent of	858
the parent, parents, or guardian of the minor is not required for	859
the services to be provided. The parent, parents, or guardian of	860
a minor giving consent under this section are not liable for	861
payment for any services provided under this section without their	862
consent.	863

(D)(1) In the case of a victim or individual believed to be a	864
victim of sexual assault who is pregnant, as confirmed by a	865
positive pregnancy test, a hospital is not required to provide	866
information about emergency contraception, to offer emergency	867
contraception, or to provide emergency contraception.	868

(2) Nothing in this section shall be construed to mean the	869
following:	870

(a) That a hospital is required to provide treatment to a	871
victim or individual believed to be a victim of sexual assault if	872
the treatment goes against recommendations established by the	873
United States centers for disease control and prevention;	874

(b) That a victim or individual believed to be a victim of	875
sexual assault is required to submit to any testing or	876
treatment;	877

(c) That a hospital is prohibited from seeking reimbursement	878
for the costs of services provided under this section from the	879
victim's or individual's health insurance or from medicaid, if	880
applicable, and to the extent permitted by section 2907.28 of the	881
Revised Code.	882

Sec. 3727.602.  In addition to other remedies under common	883
law, an individual may file a complaint with the department of	884
health if the individual believes a hospital has failed to comply	885
with the requirements of section 3727.601 of the Revised Code. The	886
department shall investigate the complaint in a timely manner.	887

If the department determines that a hospital has failed to	888
provide the care or services required in section 3727.601 of the	889
Revised Code to a sexual assault victim, the department shall,	890
pursuant to an adjudication under Chapter 119. of the Revised	891
Code, impose a civil penalty of not less than ten thousand	892
dollars for each violation.	893

If the hospital has previously violated section 3727.601 of	894
the Revised Code, the department may ask the attorney general to	895
bring an action for injunctive relief in any court of competent	896
jurisdiction. On the filing of an appropriate petition in the	897
court, the court shall conduct a hearing on the petition. If it is	898
demonstrated in the proceedings that the hospital has failed to	899
provide the care or services, the court shall grant a temporary or	900
permanent injunction enjoining the hospital's operation.	901

Sec. 3923.85. (A) Notwithstanding section 3901.71 of the	902
Revised Code, no individual or group policy of sickness and	903
accident insurance that is delivered, issued for delivery, or	904
renewed in this state or public employee benefit plan that is	905
established or modified in this state shall do either of the	906
following:	907

(1) Limit or exclude coverage for prescription contraceptive	908
drugs or devices approved by the United States food and drug	909
administration, if the policy or plan provides coverage for other	910
prescription drugs or devices;	911

(2) Limit or exclude coverage for outpatient services	912
rendered by a health care professional that are related to the	913
provision of such drugs or devices, if the policy or plan provides	914
coverage for other outpatient services rendered by a health care	915
professional.	916

(B) The coverage provided under division (A) of this section	917
shall be subject to the same terms and conditions, including	918
copayments and deductibles, that apply to similar coverage	919
provided under the policy or plan.	920

Sec. 4729.16.  (A) The state board of pharmacy, after notice	921
and hearing in accordance with Chapter 119. of the Revised Code,	922
may revoke, suspend, limit, place on probation, or refuse to grant	923
or renew an identification card, or may impose a monetary penalty	924
or forfeiture not to exceed in severity any fine designated under	925
the Revised Code for a similar offense, or in the case of a	926
violation of a section of the Revised Code that does not bear a	927
penalty, a monetary penalty or forfeiture of not more than five	928
hundred dollars, if the board finds a pharmacist or pharmacy	929
intern:	930

(1) Guilty of a felony or gross immorality;

931

(2) Guilty of dishonesty or unprofessional conduct in the	932
practice of pharmacy;	933

(3) Addicted to or abusing liquor or drugs or impaired	934
physically or mentally to such a degree as to render the	935
pharmacist or pharmacy intern unfit to practice pharmacy;	936

(4) Has been convicted of a misdemeanor related to, or	937
committed in, the practice of pharmacy;	938

(5) Guilty of willfully violating, conspiring to violate,	939
attempting to violate, or aiding and abetting the violation of any	940
of the provisions of this chapter, sections 3715.52 to 3715.72 of	941
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	942
any rule adopted by the board under those provisions;	943

(6) Guilty of permitting anyone other than a pharmacist or	944
pharmacy intern to practice pharmacy;	945

(7) Guilty of knowingly lending the pharmacist's or pharmacy	946
intern's name to an illegal practitioner of pharmacy or having	947
professional connection with an illegal practitioner of pharmacy;	948

(8) Guilty of dividing or agreeing to divide remuneration	949
made in the practice of pharmacy with any other individual,	950
including, but not limited to, any licensed health professional	951
authorized to prescribe drugs or any owner, manager, or employee	952
of a health care facility, residential care facility, or nursing	953
home;	954

(9) Has violated the terms of a consult agreement entered	955
into pursuant to section 4729.39 of the Revised Code;	956

(10) Has committed fraud, misrepresentation, or deception in	957
applying for or securing a license or identification card issued	958
by the board under this chapter or under Chapter 3715. or 3719. of	959
the Revised Code;	960

(11) Has failed to comply with the requirements of section	961
4729.43 of the Revised Code.	962

(B) Any individual whose identification card is revoked,	963
suspended, or refused, shall return the identification card and	964
license to the offices of the state board of pharmacy within ten	965
days after receipt of notice of such action.	966

(C) As used in this section:

967

"Unprofessional conduct in the practice of pharmacy" includes	968
any of the following:	969

(1) Advertising or displaying signs that promote dangerous	970
drugs to the public in a manner that is false or misleading;	971

(2) Except as provided in section 4729.281 of the Revised	972
Code, the sale of any drug for which a prescription is required,	973
without having received a prescription for the drug;	974

(3) Knowingly dispensing medication pursuant to false or	975
forged prescriptions;	976

(4) Knowingly failing to maintain complete and accurate	977
records of all dangerous drugs received or dispensed in compliance	978
with federal laws and regulations and state laws and rules;	979

(5) Obtaining any remuneration by fraud, misrepresentation,	980
or deception.	981

(D) The board may suspend a license or identification card	982
under division (B) of section 3719.121 of the Revised Code by	983
utilizing a telephone conference call to review the allegations	984
and take a vote.	985

(E) If, pursuant to an adjudication under Chapter 119. of the	986
Revised Code, the board has reasonable cause to believe that a	987
pharmacist or pharmacy intern is physically or mentally impaired,	988
the board may require the pharmacist or pharmacy intern to submit	989
to a physical or mental examination, or both.	990

Sec. 4729.43.  (A) As used in this section:

991

(1) "Contraception" or "contraceptive" means any drug or	992
device approved by the United States food and drug administration	993
to prevent pregnancy.	994

(2) "Employee" means a person employed by a pharmacy by	995
contract or any other form of an agreement.	996

(3) "Product" means a drug or device approved by the United	997
States food and drug administration.	998

(4) "Professional judgment" means the use of professional	999
knowledge and skills to form a clinical judgment in accordance	1000
with the prevailing medical standards.	1001

(5) "Without delay" means a pharmacy providing, providing a	1002
referral for, or ordering contraception, or transferring the	1003
prescription for contraception within the usual and customary	1004
timeframe at the pharmacy for providing, providing a referral for,	1005
or ordering other products, or transferring the prescription for	1006
other products.	1007

(B) Subject to division (E) of this section, if a customer	1008
requests a contraceptive that is in stock, the pharmacy shall	1009
ensure that the contraceptive is provided to the customer without	1010
delay.	1011

(C) Subject to division (E) of this section, if a customer	1012
requests a contraceptive that is not in stock and the pharmacy in	1013
the normal course of business stocks contraception, the pharmacy	1014
immediately shall inform the customer that the contraceptive is	1015
not in stock and without delay offer the customer the following	1016
options:	1017

(1) If the customer prefers to obtain the contraceptive	1018
through a referral or transfer, the pharmacy shall do both of the	1019
following:	1020

(a) Locate a pharmacy of the customer's choice or the closest	1021
pharmacy confirmed to have the contraceptive in stock;	1022

(b) Refer the customer or transfer the prescription to that	1023
pharmacy.	1024

(2) If the customer prefers to order the contraceptive	1025
through the pharmacy, the pharmacy shall obtain the contraceptive	1026
under the pharmacy's standard procedure for expedited ordering of	1027
products and notify the customer when the contraceptive arrives.	1028

(D) The pharmacy shall ensure that its employees do not do	1029
any of the following:	1030

(1) Intimidate, threaten, or harass customers in the delivery	1031
of services relating to a request for contraception;	1032

(2) Interfere with or obstruct the delivery of services	1033
relating to a request for contraception;	1034

(3) Intentionally misrepresent or deceive customers about the	1035
availability of contraception or its mechanism of action;	1036

(4) Breach medical confidentiality with respect to a request	1037
for contraception or threaten to breach such confidentiality;	1038

(5) Refuse to return a valid, lawful prescription for	1039
contraception on the customer's request.	1040

(E) This section does not prohibit a pharmacy from refusing	1041
to provide a contraceptive to a customer in any of the following	1042
circumstances:	1043

(1) When it is unlawful to dispense the contraceptive to the	1044
customer without a valid, lawful prescription and no such	1045
prescription is presented.	1046

(2) When the customer is unable to pay for the contraceptive.

1047

(3) When the employee of the pharmacy refuses to provide the	1048
contraceptive on the basis of a professional judgment.	1049

Sec. 4729.44.  (A) Any person who believes that a violation	1050
of section 4729.43 of the Revised Code has occurred may file a	1051
complaint with the state board of pharmacy. Not later than thirty	1052
days after receiving the complaint, the board shall investigate	1053
the complaint and determine whether a violation occurred. If the	1054
board determines a violation occurred, the board shall impose a	1055
fine of not more than five thousand dollars for each violation.	1056

(B) A person who has been injured by a violation of section	1057
4729.43 of the Revised Code may bring a civil action in a court of	1058
competent jurisdiction to recover damages for the person's injury,	1059
as well as costs and reasonable attorney's fees.	1060

(C) If the attorney general has cause to believe that a	1061
person or group of persons has been or may be injured by a	1062
violation of section 4729.43 of the Revised Code, the attorney	1063
general may commence a civil action in a court of competent	1064
jurisdiction to compel compliance with that section. In such	1065
action, the court may award appropriate relief on a finding that a	1066
violation or violations have occurred, including compensatory	1067
damages and punitive damages not exceeding five thousand dollars	1068
for each violation.	1069

Section 2. That existing sections 2907.29, 3313.60,	1070
3313.6011, 3314.03, 3326.11, and 4729.16 and section 3701.046 of	1071
the Revised Code are hereby repealed.	1072

Section 3. Section 1751.69 of the Revised Code shall apply	1073
only to policies, contracts, and agreements that are delivered,	1074
issued for delivery, or renewed in this state on or after the	1075
effective date of this act, and section 3923.85 of the Revised	1076
Code shall apply to policies of sickness and accident insurance	1077
delivered, issued for delivery, or renewed in this state and	1078
public employee benefit plans that are established or modified in	1079
this state on or after the effective date of this act.	1080