As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 281

Representative Antonio 

Cosponsors: Representatives Ramos, Foley, Slesnick, Celeste, Hagan, R., Fedor, O'Brien, Ashford, Letson, Yuko, Garland, Boyd, Milkovich, Heard, Stinziano, Goyal, Pillich, Gentile 

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A BILL

To amend sections 121.22, 2907.29, 3313.60,

1

3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and

2

4729.35 and to enact sections 1751.69, 3701.048,

3

3727.60, 3727.601, 3727.602, 3923.85, 4729.43, and

4

4729.44 of the Revised Code regarding assistance

5

for pregnancy prevention and hospital services for

6

victims of sexual assault.

7

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

Section 1. That sections 121.22, 2907.29, 3313.60, 3313.6011,	8
3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 be amended and	9
sections 1751.69, 3701.048, 3727.60, 3727.601, 3727.602, 3923.85,	10
4729.43, and 4729.44of the Revised Code be enacted to read as	11
follows:	12

Sec. 121.22.  (A) This section shall be liberally construed	13
to require public officials to take official action and to conduct	14
all deliberations upon official business only in open meetings	15
unless the subject matter is specifically excepted by law.	16

(B) As used in this section:

17

(1) "Public body" means any of the following:

18

(a) Any board, commission, committee, council, or similar	19
decision-making body of a state agency, institution, or authority,	20
and any legislative authority or board, commission, committee,	21
council, agency, authority, or similar decision-making body of any	22
county, township, municipal corporation, school district, or other	23
political subdivision or local public institution;	24

(b) Any committee or subcommittee of a body described in	25
division (B)(1)(a) of this section;	26

(c) A court of jurisdiction of a sanitary district organized	27
wholly for the purpose of providing a water supply for domestic,	28
municipal, and public use when meeting for the purpose of the	29
appointment, removal, or reappointment of a member of the board of	30
directors of such a district pursuant to section 6115.10 of the	31
Revised Code, if applicable, or for any other matter related to	32
such a district other than litigation involving the district. As	33
used in division (B)(1)(c) of this section, "court of	34
jurisdiction" has the same meaning as "court" in section 6115.01	35
of the Revised Code.	36

(2) "Meeting" means any prearranged discussion of the public	37
business of the public body by a majority of its members.	38

(3) "Regulated individual" means either of the following:

39

(a) A student in a state or local public educational	40
institution;	41

(b) A person who is, voluntarily or involuntarily, an inmate,	42
patient, or resident of a state or local institution because of	43
criminal behavior, mental illness or retardation, disease,	44
disability, age, or other condition requiring custodial care.	45

(4) "Public office" has the same meaning as in section	46
149.011 of the Revised Code.	47

(C) All meetings of any public body are declared to be public	48
meetings open to the public at all times. A member of a public	49
body shall be present in person at a meeting open to the public to	50
be considered present or to vote at the meeting and for purposes	51
of determining whether a quorum is present at the meeting.	52

The minutes of a regular or special meeting of any public	53
body shall be promptly prepared, filed, and maintained and shall	54
be open to public inspection. The minutes need only reflect the	55
general subject matter of discussions in executive sessions	56
authorized under division (G) or (J) of this section.	57

(D) This section does not apply to any of the following:

58

(1) A grand jury;

59

(2) An audit conference conducted by the auditor of state or	60
independent certified public accountants with officials of the	61
public office that is the subject of the audit;	62

(3) The adult parole authority when its hearings are	63
conducted at a correctional institution for the sole purpose of	64
interviewing inmates to determine parole or pardon;	65

(4) The organized crime investigations commission established	66
under section 177.01 of the Revised Code;	67

(5) Meetings of a child fatality review board established	68
under section 307.621 of the Revised Code and meetings conducted	69
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	70

(6) The state medical board when determining whether to	71
suspend a certificate without a prior hearing pursuant to division	72
(G) of either section 4730.25 or 4731.22 of the Revised Code;	73

(7) The board of nursing when determining whether to suspend	74
a license or certificate without a prior hearing pursuant to	75
division (B) of section 4723.281 of the Revised Code;	76

(8) The state board of pharmacy when determining whether to	77
suspend a license without a prior hearing pursuant to division	78
(D)(E) of section 4729.16 of the Revised Code;	79

(9) The state chiropractic board when determining whether to	80
suspend a license without a hearing pursuant to section 4734.37 of	81
the Revised Code;	82

(10) The executive committee of the emergency response	83
commission when determining whether to issue an enforcement order	84
or request that a civil action, civil penalty action, or criminal	85
action be brought to enforce Chapter 3750. of the Revised Code;	86

(11) The board of directors of the nonprofit corporation	87
formed under section 187.01 of the Revised Code or any committee	88
thereof, and the board of directors of any subsidiary of that	89
corporation or a committee thereof.	90

(E) The controlling board, the development financing advisory	91
council, the industrial technology and enterprise advisory	92
council, the tax credit authority, or the minority development	93
financing advisory board, when meeting to consider granting	94
assistance pursuant to Chapter 122. or 166. of the Revised Code,	95
in order to protect the interest of the applicant or the possible	96
investment of public funds, by unanimous vote of all board,	97
council, or authority members present, may close the meeting	98
during consideration of the following information confidentially	99
received by the authority, council, or board from the applicant:	100

(1) Marketing plans;

101

(2) Specific business strategy;

102

(3) Production techniques and trade secrets;

103

(4) Financial projections;

104

(5) Personal financial statements of the applicant or members	105
of the applicant's immediate family, including, but not limited	106
to, tax records or other similar information not open to public	107
inspection.	108

The vote by the authority, council, or board to accept or	109
reject the application, as well as all proceedings of the	110
authority, council, or board not subject to this division, shall	111
be open to the public and governed by this section.	112

(F) Every public body, by rule, shall establish a reasonable	113
method whereby any person may determine the time and place of all	114
regularly scheduled meetings and the time, place, and purpose of	115
all special meetings. A public body shall not hold a special	116
meeting unless it gives at least twenty-four hours' advance notice	117
to the news media that have requested notification, except in the	118
event of an emergency requiring immediate official action. In the	119
event of an emergency, the member or members calling the meeting	120
shall notify the news media that have requested notification	121
immediately of the time, place, and purpose of the meeting.	122

The rule shall provide that any person, upon request and	123
payment of a reasonable fee, may obtain reasonable advance	124
notification of all meetings at which any specific type of public	125
business is to be discussed. Provisions for advance notification	126
may include, but are not limited to, mailing the agenda of	127
meetings to all subscribers on a mailing list or mailing notices	128
in self-addressed, stamped envelopes provided by the person.	129

(G) Except as provided in division (J) of this section, the	130
members of a public body may hold an executive session only after	131
a majority of a quorum of the public body determines, by a roll	132
call vote, to hold an executive session and only at a regular or	133
special meeting for the sole purpose of the consideration of any	134
of the following matters:	135

(1) To consider the appointment, employment, dismissal,	136
discipline, promotion, demotion, or compensation of a public	137
employee or official, or the investigation of charges or	138
complaints against a public employee, official, licensee, or	139
regulated individual, unless the public employee, official,	140
licensee, or regulated individual requests a public hearing.	141
Except as otherwise provided by law, no public body shall hold an	142
executive session for the discipline of an elected official for	143
conduct related to the performance of the elected official's	144
official duties or for the elected official's removal from office.	145
If a public body holds an executive session pursuant to division	146
(G)(1) of this section, the motion and vote to hold that executive	147
session shall state which one or more of the approved purposes	148
listed in division (G)(1) of this section are the purposes for	149
which the executive session is to be held, but need not include	150
the name of any person to be considered at the meeting.	151

(2) To consider the purchase of property for public purposes,	152
or for the sale of property at competitive bidding, if premature	153
disclosure of information would give an unfair competitive or	154
bargaining advantage to a person whose personal, private interest	155
is adverse to the general public interest. No member of a public	156
body shall use division (G)(2) of this section as a subterfuge for	157
providing covert information to prospective buyers or sellers. A	158
purchase or sale of public property is void if the seller or buyer	159
of the public property has received covert information from a	160
member of a public body that has not been disclosed to the general	161
public in sufficient time for other prospective buyers and sellers	162
to prepare and submit offers.	163

If the minutes of the public body show that all meetings and	164
deliberations of the public body have been conducted in compliance	165
with this section, any instrument executed by the public body	166
purporting to convey, lease, or otherwise dispose of any right,	167
title, or interest in any public property shall be conclusively	168
presumed to have been executed in compliance with this section	169
insofar as title or other interest of any bona fide purchasers,	170
lessees, or transferees of the property is concerned.	171

(3) Conferences with an attorney for the public body	172
concerning disputes involving the public body that are the subject	173
of pending or imminent court action;	174

(4) Preparing for, conducting, or reviewing negotiations or	175
bargaining sessions with public employees concerning their	176
compensation or other terms and conditions of their employment;	177

(5) Matters required to be kept confidential by federal law	178
or regulations or state statutes;	179

(6) Details relative to the security arrangements and	180
emergency response protocols for a public body or a public office,	181
if disclosure of the matters discussed could reasonably be	182
expected to jeopardize the security of the public body or public	183
office;	184

(7) In the case of a county hospital operated pursuant to	185
Chapter 339. of the Revised Code, a joint township hospital	186
operated pursuant to Chapter 513. of the Revised Code, or a	187
municipal hospital operated pursuant to Chapter 749. of the	188
Revised Code, to consider trade secrets, as defined in section	189
1333.61 of the Revised Code.	190

If a public body holds an executive session to consider any	191
of the matters listed in divisions (G)(2) to (7) of this section,	192
the motion and vote to hold that executive session shall state	193
which one or more of the approved matters listed in those	194
divisions are to be considered at the executive session.	195

A public body specified in division (B)(1)(c) of this section	196
shall not hold an executive session when meeting for the purposes	197
specified in that division.	198

(H) A resolution, rule, or formal action of any kind is	199
invalid unless adopted in an open meeting of the public body. A	200
resolution, rule, or formal action adopted in an open meeting that	201
results from deliberations in a meeting not open to the public is	202
invalid unless the deliberations were for a purpose specifically	203
authorized in division (G) or (J) of this section and conducted at	204
an executive session held in compliance with this section. A	205
resolution, rule, or formal action adopted in an open meeting is	206
invalid if the public body that adopted the resolution, rule, or	207
formal action violated division (F) of this section.	208

(I)(1) Any person may bring an action to enforce this	209
section. An action under division (I)(1) of this section shall be	210
brought within two years after the date of the alleged violation	211
or threatened violation. Upon proof of a violation or threatened	212
violation of this section in an action brought by any person, the	213
court of common pleas shall issue an injunction to compel the	214
members of the public body to comply with its provisions.	215

(2)(a) If the court of common pleas issues an injunction	216
pursuant to division (I)(1) of this section, the court shall order	217
the public body that it enjoins to pay a civil forfeiture of five	218
hundred dollars to the party that sought the injunction and shall	219
award to that party all court costs and, subject to reduction as	220
described in division (I)(2) of this section, reasonable	221
attorney's fees. The court, in its discretion, may reduce an award	222
of attorney's fees to the party that sought the injunction or not	223
award attorney's fees to that party if the court determines both	224
of the following:	225

(i) That, based on the ordinary application of statutory law	226
and case law as it existed at the time of violation or threatened	227
violation that was the basis of the injunction, a well-informed	228
public body reasonably would believe that the public body was not	229
violating or threatening to violate this section;	230

(ii) That a well-informed public body reasonably would	231
believe that the conduct or threatened conduct that was the basis	232
of the injunction would serve the public policy that underlies the	233
authority that is asserted as permitting that conduct or	234
threatened conduct.	235

(b) If the court of common pleas does not issue an injunction	236
pursuant to division (I)(1) of this section and the court	237
determines at that time that the bringing of the action was	238
frivolous conduct, as defined in division (A) of section 2323.51	239
of the Revised Code, the court shall award to the public body all	240
court costs and reasonable attorney's fees, as determined by the	241
court.	242

(3) Irreparable harm and prejudice to the party that sought	243
the injunction shall be conclusively and irrebuttably presumed	244
upon proof of a violation or threatened violation of this section.	245

(4) A member of a public body who knowingly violates an	246
injunction issued pursuant to division (I)(1) of this section may	247
be removed from office by an action brought in the court of common	248
pleas for that purpose by the prosecuting attorney or the attorney	249
general.	250

(J)(1) Pursuant to division (C) of section 5901.09 of the	251
Revised Code, a veterans service commission shall hold an	252
executive session for one or more of the following purposes unless	253
an applicant requests a public hearing:	254

(a) Interviewing an applicant for financial assistance under	255
sections 5901.01 to 5901.15 of the Revised Code;	256

(b) Discussing applications, statements, and other documents	257
described in division (B) of section 5901.09 of the Revised Code;	258

(c) Reviewing matters relating to an applicant's request for	259
financial assistance under sections 5901.01 to 5901.15 of the	260
Revised Code.	261

(2) A veterans service commission shall not exclude an	262
applicant for, recipient of, or former recipient of financial	263
assistance under sections 5901.01 to 5901.15 of the Revised Code,	264
and shall not exclude representatives selected by the applicant,	265
recipient, or former recipient, from a meeting that the commission	266
conducts as an executive session that pertains to the applicant's,	267
recipient's, or former recipient's application for financial	268
assistance.	269

(3) A veterans service commission shall vote on the grant or	270
denial of financial assistance under sections 5901.01 to 5901.15	271
of the Revised Code only in an open meeting of the commission. The	272
minutes of the meeting shall indicate the name, address, and	273
occupation of the applicant, whether the assistance was granted or	274
denied, the amount of the assistance if assistance is granted, and	275
the votes for and against the granting of assistance.	276

Sec. 1751.69. (A) Notwithstanding section 3901.71 of the	277
Revised Code, no individual or group health insuring corporation	278
policy, contract, or agreement that is delivered, issued for	279
delivery, or renewed in this state shall do either of the	280
following:	281

(1) Limit or exclude coverage for prescription contraceptive	282
drugs or devices approved by the United States food and drug	283
administration, if the policy, contract, or agreement provides	284
coverage for other prescription drugs or devices;	285

(2) Limit or exclude coverage for physician-directed	286
outpatient services that are related to the provision of such	287
drugs or devices, if the policy, contract, or agreement provides	288
coverage for other outpatient services rendered by a provider.	289

(B) The coverage provided under division (A) of this section	290
shall be subject to the same terms and conditions, including	291
copayment charges, that apply to similar coverage provided under	292
the policy, contract, or agreement.	293

Sec. 2907.29.  Every hospital of this state that offers	294
organized emergency services shall provide that a physician, a	295
physician assistant, a clinical nurse specialist, a certified	296
nurse practitioner, or a certified nurse-midwife is available on	297
call twenty-four hours each day for the examination of persons	298
reported to any law enforcement agency to be victims of sexual	299
offenses cognizable as violations of any provision of sections	300
2907.02 to 2907.06 of the Revised Code. The physician, physician	301
assistant, clinical nurse specialist, certified nurse	302
practitioner, or certified nurse-midwife, upon the request of any	303
peace officer or prosecuting attorney and with the consent of the	304
reported victim or upon the request of the reported victim, shall	305
examine the person for the purposes of gathering physical evidence	306
and shall complete any written documentation of the physical	307
examination. The public health council shall establish procedures	308
for gathering evidence under this section.	309

Each reported victim shall be informed of available venereal	310
diseasesexually transmitted infection, pregnancy, medical, and	311
psychiatric services in accordance with section 3727.601 of the	312
Revised Code.	313

Notwithstanding any other provision of law, a minor may	314
consent to examination under this section. The consent is not	315
subject to disaffirmance because of minority, and consent of the	316
parent, parents, or guardian of the minor is not required for an	317
examination under this section. However, the hospital shall give	318
written notice to the parent, parents, or guardian of a minor that	319
an examination under this section has taken place. The parent,	320
parents, or guardian of a minor giving consent under this section	321
are not liable for payment for any services provided under this	322
section without their consent.	323

Sec. 3313.60.  Notwithstanding division (D) of section	324
3311.52 of the Revised Code, divisions (A) to (E) of this section	325
do not apply to any cooperative education school district	326
established pursuant to divisions (A) to (C) of section 3311.52 of	327
the Revised Code.	328

(A) The board of education of each city and exempted village	329
school district, the governing board of each educational service	330
center, and the board of each cooperative education school	331
district established pursuant to section 3311.521 of the Revised	332
Code shall prescribe a curriculum for all schools under their	333
control. Except as provided in division (E) of this section, in	334
any such curriculum there shall be included the study of the	335
following subjects:	336

(1) The language arts, including reading, writing, spelling,	337
oral and written English, and literature;	338

(2) Geography, the history of the United States and of Ohio,	339
and national, state, and local government in the United States,	340
including a balanced presentation of the relevant contributions to	341
society of men and women of African, Mexican, Puerto Rican, and	342
American Indian descent as well as other ethnic and racial groups	343
in Ohio and the United States;	344

(3) Mathematics;

345

(4) Natural science, including instruction in the	346
conservation of natural resources;	347

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

348

(a) The nutritive value of foods, including natural and	349
organically produced foods, the relation of nutrition to health,	350
and the use and effects of food additives;	351

(b) The harmful effects of and legal restrictions against the	352
use of drugs of abuse, alcoholic beverages, and tobacco;	353

(c) Venereal diseaseSexually transmitted infection	354
prevention education, including HIV/AIDS prevention education in	355
accordance with section 3313.6011 of the Revised Code, except that	356
upon written request of the student's parent or guardian, a	357
student shall be excused from taking instruction in venereal	358
disease education;sexually transmitted infection prevention.	359
Instruction shall stress abstinence but shall not exclude other	360
instruction and materials on contraceptive methods and infection	361
reduction measures.	362

(d) In grades kindergarten through six, instruction in	363
personal safety and assault prevention, except that upon written	364
request of the student's parent or guardian, a student shall be	365
excused from taking instruction in personal safety and assault	366
prevention;	367

(e) In grades seven through twelve, age-appropriate	368
instruction in dating violence prevention education, which shall	369
include instruction in recognizing dating violence warning signs	370
and characteristics of healthy relationships.	371

In order to assist school districts in developing a dating	372
violence prevention education curriculum, the department of	373
education shall provide on its web site links to free curricula	374
addressing dating violence prevention.	375

If the parent or legal guardian of a student less than	376
eighteen years of age submits to the principal of the student's	377
school a written request to examine the dating violence prevention	378
instruction materials used at that school, the principal, within a	379
reasonable period of time after the request is made, shall allow	380
the parent or guardian to examine those materials at that school.	381

(6) Physical education;

382

(7) The fine arts, including music;

383

(8) First aid, including a training program in	384
cardiopulmonary resuscitation, safety, and fire prevention, except	385
that upon written request of the student's parent or guardian, a	386
student shall be excused from taking instruction in	387
cardiopulmonary resuscitation.	388

(B) Except as provided in division (E) of this section, every	389
school or school district shall include in the requirements for	390
promotion from the eighth grade to the ninth grade one year's	391
course of study of American history. A board may waive this	392
requirement for academically accelerated students who, in	393
accordance with procedures adopted by the board, are able to	394
demonstrate mastery of essential concepts and skills of the eighth	395
grade American history course of study.	396

(C) Except as provided in division (E) of this section, every	397
high school shall include in the requirements for graduation from	398
any curriculum one unit of American history and government,	399
including a study of the constitutions of the United States and of	400
Ohio.	401

(D) Except as provided in division (E) of this section, basic	402
instruction in geography, United States history, the government of	403
the United States, the government of the state of Ohio, local	404
government in Ohio, the Declaration of Independence, the United	405
States Constitution, and the Constitution of the state of Ohio	406
shall be required before pupils may participate in courses	407
involving the study of social problems, economics, foreign	408
affairs, United Nations, world government, socialism and	409
communism.	410

(E) For each cooperative education school district	411
established pursuant to section 3311.521 of the Revised Code and	412
each city, exempted village, and local school district that has	413
territory within such a cooperative district, the curriculum	414
adopted pursuant to divisions (A) to (D) of this section shall	415
only include the study of the subjects that apply to the grades	416
operated by each such school district. The curriculums for such	417
schools, when combined, shall provide to each student of these	418
districts all of the subjects required under divisions (A) to (D)	419
of this section.	420

(F) The board of education of any cooperative education	421
school district established pursuant to divisions (A) to (C) of	422
section 3311.52 of the Revised Code shall prescribe a curriculum	423
for the subject areas and grade levels offered in any school under	424
its control.	425

(G) Upon the request of any parent or legal guardian of a	426
student, the board of education of any school district shall	427
permit the parent or guardian to promptly examine, with respect to	428
the parent's or guardian's own child:	429

(1) Any survey or questionnaire, prior to its administration	430
to the child;	431

(2) Any textbook, workbook, software, video, or other	432
instructional materials being used by the district in connection	433
with the instruction of the child;	434

(3) Any completed and graded test taken or survey or	435
questionnaire filled out by the child;	436

(4) Copies of the statewide academic standards and each model	437
curriculum developed pursuant to section 3301.079 of the Revised	438
Code, which copies shall be available at all times during school	439
hours in each district school building.	440

Sec. 3313.6011.  (A) As used in this section, "sexual	441
activity" has the same meaning as in section 2907.01 of the	442
Revised Code.	443

(B) Instruction in venereal disease education pursuant to	444
division (A)(5)(c) of section 3313.60 of the Revised Code shall	445
emphasize that abstinence from sexual activity is the only	446
protection that is one hundred per cent effective against unwanted	447
pregnancy, sexually transmitted disease, and the sexual	448
transmission of a virus that causes acquired immunodeficiency	449
syndrome.	450

(C) In adopting minimum standards under section 3301.07 of	451
the Revised Code, the state board of education shall require	452
course material and instruction in venereal disease education	453
courses taught pursuant to division (A)(5)(c) of section 3313.60	454
of the Revised Code to do all of the following:	455

(1) Stress that students should abstain from sexual activity	456
until after marriage;	457

(2) Teach the potential physical, psychological, emotional,	458
and social side effects of participating in sexual activity	459
outside of marriage;	460

(3) Teach that conceiving children out of wedlock is likely	461
to have harmful consequences for the child, the child's parents,	462
and society;	463

(4) Stress that sexually transmitted diseases are serious	464
possible hazards of sexual activity;	465

(5) Advise students of the laws pertaining to financial	466
responsibility of parents to children born in and out of wedlock;	467

(6) Advise students of the circumstances under which it is	468
criminal to have sexual contact with a person under the age of	469
sixteen pursuant to section 2907.04 of the Revised Code;	470

(7) Emphasize adoption as an option for unintended	471
pregnancies.	472

(D):

473

(1) "Age-appropriate" means designed to teach concepts,	474
information, and skills based on the social, cognitive, and	475
emotional level of pupils.	476

(2) "Comprehensive sexual health education" means education	477
regarding human development and sexuality, including education on	478
sexual health, family planning, and sexually transmitted	479
infections.	480

(3) "HIV/AIDS prevention education" means instruction on the	481
nature of HIV/AIDS, methods of transmission, strategies to reduce	482
the risk of human immunodeficiency virus (HIV) infection, and	483
social and public health issues related to HIV/AIDS. "HIV/AIDS	484
prevention education" is not comprehensive sexual health	485
education.	486

(4) "Instructors trained in the appropriate courses" means	487
instructors with knowledge of the most recent medically and	488
scientifically accurate research on human sexuality, pregnancy,	489
and sexually transmitted infections.	490

(5) "Medically and scientifically accurate" means verified or	491
supported by research conducted in compliance with scientific	492
methods and published in peer-reviewed journals, where	493
appropriate, and recognized as accurate and objective by	494
professional organizations and agencies with expertise in the	495
relevant field, such as the United States centers for disease	496
control and prevention and the American college of obstetricians	497
and gynecologists.	498

(B) Any school district or educational service center may	499
offer comprehensive sexual health education. Beginning on the	500
first day August immediately following the effective date of this	501
amendment, each school district and educational service center	502
that elects to offer comprehensive sexual health education shall	503
ensure that the program meets all of the following requirements:	504

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

505

(2) All factual information shall be medically and	506
scientifically accurate.	507

(3) Instruction and materials shall be appropriate for use	508
with all pupils regardless of gender, race, ethnic and cultural	509
background, religion, disability, sexual orientation, or gender	510
identity.	511

(4) Instruction and materials shall encourage pupils to	512
communicate with their parents or guardians about human sexuality.	513

(5) Instruction and materials shall teach all of the	514
following:	515

(a) That abstinence from sexual activity is the only certain	516
way to avoid pregnancy, sexually transmitted infections, and other	517
associated health problems;	518

(b) That bearing children outside of a committed relationship	519
is likely to have consequences for the child, the child's parents,	520
and society;	521

(c) How, as young people, to effectively reject sexual	522
advances and how alcohol and drug use increases vulnerability to	523
sexual advances;	524

(d) The importance of attaining self-sufficiency before	525
engaging in sexual activity.	526

(6) Instruction and materials shall stress abstinence but	527
shall not exclude other instruction and materials on contraceptive	528
methods and infection reduction measures.	529

(7) If age-appropriate, instruction and materials shall	530
provide information about the effectiveness and safety, including	531
the health benefits and side effects, of all contraceptive methods	532
in preventing unintended pregnancy and reducing the risk of	533
contracting sexually transmitted infections.	534

(8) Instruction about sexually transmitted infections shall	535
commence not later than grade seven. The instruction shall include	536
information on how sexually transmitted infections are and are not	537
transmitted, the effectiveness and methods of reducing the risk of	538
contracting sexually transmitted infections, and identification of	539
local resources for testing and medical care for sexually	540
transmitted infections and HIV.	541

(9) If age-appropriate, instruction and materials shall	542
provide pupils with skills for negotiating intimate relationships	543
and making and implementing responsible decisions about sexuality.	544

(10) If age-appropriate, instruction and materials shall	545
include a discussion of the possible emotional, physical, and	546
psychological consequences of preadolescent and adolescent sexual	547
activity and the emotional, physical, and psychological	548
consequences of unintended pregnancy.	549

(11) Instruction and materials shall teach pupils to	550
recognize unwanted physical and verbal sexual advances, not to	551
make unwanted physical and verbal sexual advances, and how to	552
effectively reject unwanted sexual advances. The instruction and	553
materials shall cover verbal, physical, and visual sexual	554
harassment, including nonconsensual physical sexual contact and	555
rape by an acquaintance or family member. The course information	556
and materials shall emphasize personal accountability and respect	557
for others and shall encourage youth to resist peer pressure.	558

(12) Comprehensive sexual health education shall not include	559
any instruction or materials that teach or promote religious	560
doctrine.	561

A school district or educational service center may use	562
separate, outside speakers or prepared curricula to teach	563
different content areas or units with the comprehensive sexual	564
health education program, as long as all speakers, curricula, and	565
materials used comply with this section.	566

(C) Each city, local, exempted village, and joint vocational	567
school district shall ensure that each pupil in grades seven	568
through twelve receives HIV/AIDS prevention education from	569
instructors trained in the appropriate courses. Each pupil shall	570
receive this instruction at least once in grades seven through	571
nine, and at least once in grades ten through twelve. HIV/AIDS	572
prevention education, whether taught by school district personnel	573
or outside consultants, shall accurately reflect the latest	574
information and recommendations from the United States surgeon	575
general, the United States centers for disease control and	576
prevention, and the national academy of sciences, and shall	577
include all of the following:	578

(1) Information on the nature of HIV/AIDS and its effects on	579
the human body;	580

(2) Information on the manner in which HIV is and is not	581
transmitted, including information on activities that present the	582
highest risk of HIV infection;	583

(3) Discussion of methods to reduce the risk of HIV	584
infection, which shall emphasize that sexual abstinence, monogamy,	585
and the avoidance of multiple sexual partners, and abstinence from	586
intravenous drug use, are the most effective means for HIV/AIDS	587
prevention, but shall also include statistics based upon the	588
latest medical information citing the success and failure rates of	589
condoms and other contraceptives in preventing sexually	590
transmitted HIV infection, as well as information on other methods	591
that may reduce the risk of HIV transmission from intravenous drug	592
use;	593

(4) Discussion of the public health issues associated with	594
HIV/AIDS;	595

(5) Information on local resources for HIV testing and	596
medical care;	597

(6) Instruction and materials that provide pupils with skills	598
for negotiating intimate relationships and making and implementing	599
responsible decisions about sexuality;	600

(7) Discussion about societal views on HIV/AIDS, including	601
stereotypes and myths regarding persons with HIV/AIDS, which shall	602
emphasize an understanding of the condition and its impact on	603
people's lives;	604

(8) Instruction and materials that teach pupils to recognize	605
unwanted physical and verbal sexual advances, not to make unwanted	606
physical and verbal sexual advances, and how to effectively reject	607
unwanted sexual advances. The instruction and materials shall	608
cover verbal, physical, and visual sexual harassment, including	609
nonconsensual physical sexual contact and rape by an acquaintance	610
or family member. The course information and materials shall	611
emphasize personal accountability and respect for others and shall	612
encourage youth to resist peer pressure.	613

(D) Each school district and educational service center shall	614
cooperatively plan and provide, through regional planning, joint	615
powers agreements, or contract services, in-service training for	616
all school district personnel who provide comprehensive sexual	617
health education or HIV/AIDS prevention education. In doing so,	618
each district and service center shall consult with the department	619
of education.	620

The in-service training shall be conducted periodically to	621
enable district and service center personnel to learn new	622
developments in the scientific understanding of sexual health and	623
HIV/AIDS. The in-service training shall be voluntary for district	624
and service center personnel who have demonstrated expertise or	625
received in-service training from the department or the United	626
States centers for disease control and prevention.	627

A district or service center may contract with outside	628
consultants with expertise in comprehensive sexual health	629
education and HIV/AIDS prevention education, including those who	630
have developed multilingual curricula or curricula accessible to	631
persons with disabilities, to deliver the in-service training to	632
district or service center personnel.	633

(E) At the beginning of each school year, or at the time of	634
enrollment in the case of a pupil who enrolls after the beginning	635
of the school year, each school district shall notify the parent	636
or guardian of each pupil about instruction in comprehensive	637
sexual health education and HIV/AIDS prevention education and	638
about research on pupil health behaviors and health risks planned	639
for that year. The notice shall advise parents and guardians of	640
all of the following:	641

(1) That written and audio-visual educational materials used	642
in comprehensive sexual health education and HIV/AIDS prevention	643
education are available for inspection;	644

(2) Whether comprehensive sexual health education or HIV/AIDS	645
prevention education will be taught by school district personnel	646
or by outside consultants;	647

(3) That a parent or guardian may request a copy of this	648
section;	649

(4) That a parent or guardian may request in writing that the	650
child not receive comprehensive sexual health education or	651
HIV/AIDS prevention education.	652

A school district or educational service center shall not	653
permit a pupil to attend any class in comprehensive sexual health	654
education or HIV/AIDS prevention education if the school has	655
received a written request from the pupil's parent or guardian	656
excusing the pupil from participation. A pupil who is so excused	657
shall not be subject to disciplinary action, academic penalty, or	658
other sanction, and the district or service center shall make an	659
alternative educational activity available for the pupil while	660
comprehensive sexual health education or HIV/AIDS prevention	661
education is conducted.	662

Each school district and educational service center shall	663
make written and audio-visual educational materials used in	664
comprehensive sexual health education and HIV/AIDS prevention	665
education available for inspection by the parents and guardians of	666
pupils. Each school district shall provide a copy of this section	667
upon request to the parent or guardian of a pupil enrolled in the	668
district.	669

(F) Any model education program for health education the	670
state board of education adopts shall conform to the requirements	671
of this section.	672

(E) On and after March 18, 1999, and notwithstanding(G) If a	673
school district or educational service center does not elect to	674
offer comprehensive sexual health education under this section,	675
any sexual education that the school district or educational	676
service center offers, including instruction in sexually	677
transmitted infection prevention pursuant to division (A)(5)(c) of	678
section 3313.60 of the Revised Code, shall stress abstinence but	679
shall not exclude other instruction and materials on contraceptive	680
methods and infection reduction measures.	681

(H) Notwithstanding section 3302.07 of the Revised Code, the	682
superintendent of public instruction shall not approve, pursuant	683
to that section 3302.07 of the Revised Code, any waiver of any	684
requirement of this section or of any rule adopted by the state	685
board of education pursuant to this section.	686

Sec. 3314.03.  A copy of every contract entered into under	687
this section shall be filed with the superintendent of public	688
instruction.	689

(A) Each contract entered into between a sponsor and the	690
governing authority of a community school shall specify the	691
following:	692

(1) That the school shall be established as either of the	693
following:	694

(a) A nonprofit corporation established under Chapter 1702.	695
of the Revised Code, if established prior to April 8, 2003;	696

(b) A public benefit corporation established under Chapter	697
1702. of the Revised Code, if established after April 8, 2003.	698

(2) The education program of the school, including the	699
school's mission, the characteristics of the students the school	700
is expected to attract, the ages and grades of students, and the	701
focus of the curriculum;	702

(3) The academic goals to be achieved and the method of	703
measurement that will be used to determine progress toward those	704
goals, which shall include the statewide achievement assessments;	705

(4) Performance standards by which the success of the school	706
will be evaluated by the sponsor;	707

(5) The admission standards of section 3314.06 of the Revised	708
Code and, if applicable, section 3314.061 of the Revised Code;	709

(6)(a) Dismissal procedures;

710

(b) A requirement that the governing authority adopt an	711
attendance policy that includes a procedure for automatically	712
withdrawing a student from the school if the student without a	713
legitimate excuse fails to participate in one hundred five	714
consecutive hours of the learning opportunities offered to the	715
student.	716

(7) The ways by which the school will achieve racial and	717
ethnic balance reflective of the community it serves;	718

(8) Requirements for financial audits by the auditor of	719
state. The contract shall require financial records of the school	720
to be maintained in the same manner as are financial records of	721
school districts, pursuant to rules of the auditor of state.	722
Audits shall be conducted in accordance with section 117.10 of the	723
Revised Code.	724

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

725

(10) Qualifications of teachers, including the following:

726

(a) A requirement that the school's classroom teachers be	727
licensed in accordance with sections 3319.22 to 3319.31 of the	728
Revised Code, except that a community school may engage	729
noncertificated persons to teach up to twelve hours per week	730
pursuant to section 3319.301 of the Revised Code;	731

(b) A requirement that each classroom teacher initially hired	732
by the school on or after July 1, 2013, and employed to provide	733
instruction in physical education hold a valid license issued	734
pursuant to section 3319.22 of the Revised Code for teaching	735
physical education.	736

(11) That the school will comply with the following	737
requirements:	738

(a) The school will provide learning opportunities to a	739
minimum of twenty-five students for a minimum of nine hundred	740
twenty hours per school year.	741

(b) The governing authority will purchase liability	742
insurance, or otherwise provide for the potential liability of the	743
school.	744

(c) The school will be nonsectarian in its programs,	745
admission policies, employment practices, and all other	746
operations, and will not be operated by a sectarian school or	747
religious institution.	748

(d) The school will comply with sections 9.90, 9.91, 109.65,	749
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	750
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	751
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	752
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	753
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	754
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817	755
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	756
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	757
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	758
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	759
and 4167. of the Revised Code as if it were a school district and	760
will comply with section 3301.0714 of the Revised Code in the	761
manner specified in section 3314.17 of the Revised Code.	762

(e) The school shall comply with Chapter 102. and section	763
2921.42 of the Revised Code.	764

(f) The school will comply with sections 3313.61, 3313.611,	765
and 3313.614 of the Revised Code, except that for students who	766
enter ninth grade for the first time before July 1, 2010, the	767
requirement in sections 3313.61 and 3313.611 of the Revised Code	768
that a person must successfully complete the curriculum in any	769
high school prior to receiving a high school diploma may be met by	770
completing the curriculum adopted by the governing authority of	771
the community school rather than the curriculum specified in Title	772
XXXIII of the Revised Code or any rules of the state board of	773
education. Beginning with students who enter ninth grade for the	774
first time on or after July 1, 2010, the requirement in sections	775
3313.61 and 3313.611 of the Revised Code that a person must	776
successfully complete the curriculum of a high school prior to	777
receiving a high school diploma shall be met by completing the	778
Ohio core curriculum prescribed in division (C) of section	779
3313.603 of the Revised Code, unless the person qualifies under	780
division (D) or (F) of that section. Each school shall comply with	781
the plan for awarding high school credit based on demonstration of	782
subject area competency, adopted by the state board of education	783
under division (J) of section 3313.603 of the Revised Code.	784

(g) The school governing authority will submit within four	785
months after the end of each school year a report of its	786
activities and progress in meeting the goals and standards of	787
divisions (A)(3) and (4) of this section and its financial status	788
to the sponsor and the parents of all students enrolled in the	789
school.	790

(h) The school, unless it is an internet- or computer-based	791
community school, will comply with sections 3313.674 and 3313.801	792
of the Revised Code as if it were a school district.	793

(12) Arrangements for providing health and other benefits to	794
employees;	795

(13) The length of the contract, which shall begin at the	796
beginning of an academic year. No contract shall exceed five years	797
unless such contract has been renewed pursuant to division (E) of	798
this section.	799

(14) The governing authority of the school, which shall be	800
responsible for carrying out the provisions of the contract;	801

(15) A financial plan detailing an estimated school budget	802
for each year of the period of the contract and specifying the	803
total estimated per pupil expenditure amount for each such year.	804
The plan shall specify for each year the base formula amount that	805
will be used for purposes of funding calculations under section	806
3314.08 of the Revised Code. This base formula amount for any year	807
shall not exceed the formula amount defined under section 3317.02	808
of the Revised Code. The plan may also specify for any year a	809
percentage figure to be used for reducing the per pupil amount of	810
the subsidy calculated pursuant to section 3317.029 of the Revised	811
Code the school is to receive that year under section 3314.08 of	812
the Revised Code.	813

(16) Requirements and procedures regarding the disposition of	814
employees of the school in the event the contract is terminated or	815
not renewed pursuant to section 3314.07 of the Revised Code;	816

(17) Whether the school is to be created by converting all or	817
part of an existing public school or educational service center	818
building or is to be a new start-up school, and if it is a	819
converted public school or service center building, specification	820
of any duties or responsibilities of an employer that the board of	821
education or service center governing board that operated the	822
school or building before conversion is delegating to the	823
governing authority of the community school with respect to all or	824
any specified group of employees provided the delegation is not	825
prohibited by a collective bargaining agreement applicable to such	826
employees;	827

(18) Provisions establishing procedures for resolving	828
disputes or differences of opinion between the sponsor and the	829
governing authority of the community school;	830

(19) A provision requiring the governing authority to adopt a	831
policy regarding the admission of students who reside outside the	832
district in which the school is located. That policy shall comply	833
with the admissions procedures specified in sections 3314.06 and	834
3314.061 of the Revised Code and, at the sole discretion of the	835
authority, shall do one of the following:	836

(a) Prohibit the enrollment of students who reside outside	837
the district in which the school is located;	838

(b) Permit the enrollment of students who reside in districts	839
adjacent to the district in which the school is located;	840

(c) Permit the enrollment of students who reside in any other	841
district in the state.	842

(20) A provision recognizing the authority of the department	843
of education to take over the sponsorship of the school in	844
accordance with the provisions of division (C) of section 3314.015	845
of the Revised Code;	846

(21) A provision recognizing the sponsor's authority to	847
assume the operation of a school under the conditions specified in	848
division (B) of section 3314.073 of the Revised Code;	849

(22) A provision recognizing both of the following:

850

(a) The authority of public health and safety officials to	851
inspect the facilities of the school and to order the facilities	852
closed if those officials find that the facilities are not in	853
compliance with health and safety laws and regulations;	854

(b) The authority of the department of education as the	855
community school oversight body to suspend the operation of the	856
school under section 3314.072 of the Revised Code if the	857
department has evidence of conditions or violations of law at the	858
school that pose an imminent danger to the health and safety of	859
the school's students and employees and the sponsor refuses to	860
take such action;	861

(23) A description of the learning opportunities that will be	862
offered to students including both classroom-based and	863
non-classroom-based learning opportunities that is in compliance	864
with criteria for student participation established by the	865
department under division (L)(2) of section 3314.08 of the Revised	866
Code;	867

(24) The school will comply with sections 3302.04 and	868
3302.041 of the Revised Code, except that any action required to	869
be taken by a school district pursuant to those sections shall be	870
taken by the sponsor of the school. However, the sponsor shall not	871
be required to take any action described in division (F) of	872
section 3302.04 of the Revised Code.	873

(25) Beginning in the 2006-2007 school year, the school will	874
open for operation not later than the thirtieth day of September	875
each school year, unless the mission of the school as specified	876
under division (A)(2) of this section is solely to serve dropouts.	877
In its initial year of operation, if the school fails to open by	878
the thirtieth day of September, or within one year after the	879
adoption of the contract pursuant to division (D) of section	880
3314.02 of the Revised Code if the mission of the school is solely	881
to serve dropouts, the contract shall be void.	882

(B) The community school shall also submit to the sponsor a	883
comprehensive plan for the school. The plan shall specify the	884
following:	885

(1) The process by which the governing authority of the	886
school will be selected in the future;	887

(2) The management and administration of the school;

888

(3) If the community school is a currently existing public	889
school or educational service center building, alternative	890
arrangements for current public school students who choose not to	891
attend the converted school and for teachers who choose not to	892
teach in the school or building after conversion;	893

(4) The instructional program and educational philosophy of	894
the school;	895

(5) Internal financial controls.

896

(C) A contract entered into under section 3314.02 of the	897
Revised Code between a sponsor and the governing authority of a	898
community school may provide for the community school governing	899
authority to make payments to the sponsor, which is hereby	900
authorized to receive such payments as set forth in the contract	901
between the governing authority and the sponsor. The total amount	902
of such payments for oversight and monitoring of the school shall	903
not exceed three per cent of the total amount of payments for	904
operating expenses that the school receives from the state.	905

(D) The contract shall specify the duties of the sponsor	906
which shall be in accordance with the written agreement entered	907
into with the department of education under division (B) of	908
section 3314.015 of the Revised Code and shall include the	909
following:	910

(1) Monitor the community school's compliance with all laws	911
applicable to the school and with the terms of the contract;	912

(2) Monitor and evaluate the academic and fiscal performance	913
and the organization and operation of the community school on at	914
least an annual basis;	915

(3) Report on an annual basis the results of the evaluation	916
conducted under division (D)(2) of this section to the department	917
of education and to the parents of students enrolled in the	918
community school;	919

(4) Provide technical assistance to the community school in	920
complying with laws applicable to the school and terms of the	921
contract;	922

(5) Take steps to intervene in the school's operation to	923
correct problems in the school's overall performance, declare the	924
school to be on probationary status pursuant to section 3314.073	925
of the Revised Code, suspend the operation of the school pursuant	926
to section 3314.072 of the Revised Code, or terminate the contract	927
of the school pursuant to section 3314.07 of the Revised Code as	928
determined necessary by the sponsor;	929

(6) Have in place a plan of action to be undertaken in the	930
event the community school experiences financial difficulties or	931
closes prior to the end of a school year.	932

(E) Upon the expiration of a contract entered into under this	933
section, the sponsor of a community school may, with the approval	934
of the governing authority of the school, renew that contract for	935
a period of time determined by the sponsor, but not ending earlier	936
than the end of any school year, if the sponsor finds that the	937
school's compliance with applicable laws and terms of the contract	938
and the school's progress in meeting the academic goals prescribed	939
in the contract have been satisfactory. Any contract that is	940
renewed under this division remains subject to the provisions of	941
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	942

(F) If a community school fails to open for operation within	943
one year after the contract entered into under this section is	944
adopted pursuant to division (D) of section 3314.02 of the Revised	945
Code or permanently closes prior to the expiration of the	946
contract, the contract shall be void and the school shall not	947
enter into a contract with any other sponsor. A school shall not	948
be considered permanently closed because the operations of the	949
school have been suspended pursuant to section 3314.072 of the	950
Revised Code. Any contract that becomes void under this division	951
shall not count toward any statewide limit on the number of such	952
contracts prescribed by section 3314.013 of the Revised Code.	953

Sec. 3326.11. Each science, technology, engineering, and	954
mathematics school established under this chapter and its	955
governing body shall comply with sections 9.90, 9.91, 109.65,	956
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	957
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	958
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	959
3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013, 3313.6014,	960
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	961
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	962
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	963
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	964
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32,	965
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,	966
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,	967
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,	968
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and	969
4167. of the Revised Code as if it were a school district.	970

Sec. 3701.048. (A) There is hereby created the Ohio teen	971
pregnancy prevention task force. The task force shall commence its	972
activities not later than thirty days after the effective date of	973
this section.	974

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

975

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

976

(2) The superintendent of public instruction or the	977
superintendent's designee;	978

(3) Two members of the house of representatives, one	979
appointed by the speaker of the house of representatives and one	980
appointed by the minority leader of the house of representatives;	981

(4) Two members of the senate, one appointed by the president	982
of the senate and one appointed by the minority leader of the	983
senate;	984

(5) One member of the commission on minority health;

985

(6) Two teens who reside in this state, appointed by the	986
director of health;	987

(7) Two parents who reside in this state and are the parents	988
of teens who reside in this state, appointed by the director of	989
health;	990

(8) Two teachers who reside in this state and are employed as	991
classroom teachers in this state, appointed by the director of	992
health;	993

(9) One representative of each of the following, appointed by	994
the director of health:	995

(a) Community-based organizations that provide teen pregnancy	996
prevention services;	997

(b) Public health professionals;

998

(c) Licensed medical practitioners;

999

(d) School nurses.

1000

(C) Members shall serve without compensation, but may be	1001
reimbursed for actual and necessary expenses incurred in the	1002
performance of their duties. The department of health shall	1003
provide meeting space for the task force.	1004

(D) The director of health or the director's designee shall	1005
serve as chairperson of the task force. The task force shall	1006
convene at the call of the chairperson.	1007

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

1008

(1) Advise the governor and general assembly on strategies to	1009
prevent teen pregnancy in this state;	1010

(2) Monitor and evaluate implementation of strategies to	1011
prevent teen pregnancy in this state, identify barriers to	1012
implementing those strategies, and establish methods to overcome	1013
the barriers;	1014

(3) Collect and maintain information regarding successful	1015
teen pregnancy prevention programs, research, and other relevant	1016
materials to guide the governor and general assembly in their	1017
efforts to reduce the number of teen pregnancies in this state;	1018

(4) Explore the establishment of a program within the	1019
department of health that would award grants to federally	1020
qualified health centers, as defined in section 3701.047 of the	1021
Revised Code, to establish or expand teen pregnancy prevention	1022
programs;	1023

(5) Collect information provided by local communities	1024
regarding successful teen pregnancy prevention programs;	1025

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

1026

(7) Perform any other duties specified by the director of	1027
health.	1028

(F) Not later than December 1 of each year, the task force	1029
shall submit an annual report to the governor and, in accordance	1030
with section 101.68 of the Revised Code, the general assembly. The	1031
report shall summarize the task force's findings and	1032
recommendations for changes to the laws of this state regarding	1033
teen pregnancy. The initial report shall also include a	1034
comprehensive assessment of teen pregnancy in this state and make	1035
recommendations for reducing the number of teen pregnancies.	1036
Subsequent reports shall also evaluate the success of programs	1037
undertaken to reduce teen pregnancies and make additional	1038
recommendations as necessary.	1039

Sec. 3727.60.  As used in this section and sections 3727.601	1040
and 3727.602 of the Revised Code:	1041

(A) "Drug" has the same meaning as in the "Federal Food,	1042
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1043
321(g)(1), as amended.	1044

(B) "Device" has the same meaning as in the "Federal Food,	1045
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1046
321(h), as amended.	1047

(C) "Emergency contraception" means any drug, drug regimen,	1048
or device intended to prevent pregnancy after unprotected sexual	1049
intercourse or contraceptive failure.	1050

(D) "Sexual assault" means a violation of sections 2907.02 to	1051
2907.06 of the Revised Code.	1052

Sec. 3727.601.  (A) It shall be the standard of care in this	1053
state for hospitals that offer organized emergency services to	1054
provide the services specified in divisions (B) and (C) of this	1055
section to victims of sexual assault or individuals reported to be	1056
victims of sexual assault. The services shall be provided without	1057
regard to the ability of the victim or individual reported to be a	1058
victim to pay for the services.	1059

(B) Except as provided in division (E) of this section, the	1060
services specified in divisions (B)(1) and (2) of this section	1061
shall be provided by the hospital to a victim of sexual assault or	1062
individual reported to be a victim of sexual assault who is female	1063
and, as determined by the hospital, is of child-bearing age.	1064

(1) The hospital shall provide the victim or individual	1065
reported to be a victim with information about emergency	1066
contraception. The information shall be medically and factually	1067
accurate and unbiased. It shall be provided in clear and concise	1068
language in both written and oral formats. The information shall	1069
explain all of the following:	1070

(a) That emergency contraception has been approved by the	1071
United States food and drug administration for use by women of all	1072
ages with a prescription and as an over-the-counter product for	1073
women seventeen years of age or older as a safe and effective	1074
means to prevent pregnancy after unprotected sexual intercourse or	1075
contraceptive failure if used in a timely manner;	1076

(b) That emergency contraception is more effective the sooner	1077
it is used following unprotected sexual intercourse or	1078
contraceptive failure;	1079

(c) That emergency contraception does not cause an abortion	1080
and studies have shown that it does not interrupt an established	1081
pregnancy.	1082

(2) The hospital shall promptly offer emergency contraception	1083
to the victim or individual reported to be a victim and provide	1084
the emergency contraception if the victim or individual accepts	1085
the offer.	1086

(C) The services specified in divisions (C)(1) to (4) of this	1087
section shall be provided by the hospital to a victim of sexual	1088
assault or individual reported to be a victim of sexual assault	1089
who is female, regardless of whether the victim or individual is	1090
of child-bearing age, and to a victim of sexual assault or	1091
individual reported to be a victim of sexual assault who is male.	1092

(1) The hospital shall promptly provide the victim or	1093
individual reported to be a victim with an assessment of the	1094
victim's or individual's risk of contracting sexually transmitted	1095
infections, including gonorrhea, chlamydia, syphilis, and	1096
hepatitis. The assessment shall be conducted by a physician,	1097
physician assistant, clinical nurse specialist, certified nurse	1098
practitioner, certified nurse-midwife, or registered nurse. The	1099
assessment shall be based on the following:	1100

(a) The available information regarding the sexual assault;

1101

(b) The established standards of risk assessment, including	1102
consideration of any recommendations established by the United	1103
States centers for disease control and prevention, peer-reviewed	1104
clinical studies, and appropriate research using in vitro and	1105
nonhuman primate models of infection.	1106

(2) After conducting the assessment, the hospital shall	1107
provide the victim or individual reported to be a victim with	1108
counseling concerning the significantly prevalent sexually	1109
transmitted infections for which effective postexposure treatment	1110
exists and for which deferral of treatment would either	1111
significantly reduce treatment efficacy or pose substantial risk	1112
to the victim's or individual's health, including the infections	1113
for which prophylactic treatment is recommended based on	1114
guidelines from the centers for disease control and prevention.	1115
The counseling shall be provided by a physician, physician	1116
assistant, clinical nurse specialist, certified nurse	1117
practitioner, certified nurse-midwife, or registered nurse. The	1118
counseling shall be provided in clear and concise language.	1119

(3) After providing the counseling, the hospital shall offer	1120
treatment for sexually transmitted infections to the victim or	1121
individual reported to be a victim. The hospital shall provide the	1122
treatment if the victim or individual accepts the offer.	1123

(4) Before the victim or individual reported to be a victim	1124
leaves the hospital, the hospital shall provide the victim or	1125
individual with counseling on the physical and mental health	1126
benefits of seeking follow-up care from the victim's or	1127
individual's primary care physician or from another medical care	1128
provider capable of providing follow-up care to victims of sexual	1129
assault. The counseling shall include information on local	1130
organizations and relevant health providers capable of providing	1131
either follow-up medical care or other health services to victims	1132
of sexual assault. The counseling shall be provided by a	1133
physician, physician assistant, clinical nurse specialist,	1134
certified nurse practitioner, certified nurse-midwife, or	1135
registered nurse. The counseling shall be provided in clear and	1136
concise language.	1137

(D) In the case of minors, the services specified in this	1138
section shall be provided at the discretion of the treating	1139
physician and in accordance with the guidelines of the centers for	1140
disease control and prevention.	1141

Notwithstanding any other provision of law, a minor may	1142
consent to the services specified in this section. The consent is	1143
not subject to disaffirmance because of minority, and consent of	1144
the parent, parents, or guardian of the minor is not required for	1145
the services to be provided.	1146

(E) In either of the following cases, a hospital is not	1147
required to provide information about emergency contraception, to	1148
offer emergency contraception, or to provide emergency	1149
contraception to a victim of sexual assault or individual reported	1150
to be a victim of sexual assault who is female and, as determined	1151
by the hospital, is of child-bearing age:	1152

(1) The hospital is aware that the victim or individual is	1153
incapable of becoming pregnant.	1154

(2) The hospital is aware that the victim or individual is	1155
pregnant.	1156

If the hospital has a pregnancy test performed to confirm	1157
whether the victim or individual is pregnant, the hospital shall	1158
have the test performed in such a manner that the results of the	1159
test are made available to the victim or individual during the	1160
initial visit to the hospital regarding the sexual assault.	1161

(F) Nothing in this section shall be construed as meaning any	1162
of the following:	1163

(1) That a hospital is required to provide treatment to a	1164
victim or individual reported to be a victim of sexual assault if	1165
the treatment goes against recommendations established by the	1166
United States centers for disease control and prevention;	1167

(2) That a victim or individual reported to be a victim of	1168
sexual assault is required to submit to any testing or treatment;	1169

(3) That a hospital is prohibited from seeking reimbursement	1170
for the costs of services provided under this section from the	1171
victim's or individual's health insurance or from medicaid, if	1172
applicable, and to the extent permitted by section 2907.28 of the	1173
Revised Code.	1174

Sec. 3727.602.  In addition to other remedies under common	1175
law, an individual may file a complaint with the department of	1176
health if the individual believes a hospital has failed to comply	1177
with the requirements of section 3727.601 of the Revised Code. The	1178
department shall investigate the complaint in a timely manner.	1179

If the department determines that a hospital has failed to	1180
provide the services required by section 3727.601 of the Revised	1181
Code to a victim of sexual assault or individual reported to be a	1182
victim of sexual assault, the department shall, pursuant to an	1183
adjudication under Chapter 119. of the Revised Code, impose a	1184
civil penalty of not less than ten thousand dollars for each	1185
violation.	1186

If the hospital has previously violated section 3727.601 of	1187
the Revised Code, the department may ask the attorney general to	1188
bring an action for injunctive relief in any court of competent	1189
jurisdiction. On the filing of an appropriate petition in the	1190
court, the court may conduct a hearing on the petition. If it is	1191
demonstrated in the proceedings that the hospital has failed to	1192
provide the services, the court shall grant a temporary or	1193
permanent injunction enjoining the hospital's operation.	1194

Sec. 3923.85. (A) Notwithstanding section 3901.71 of the	1195
Revised Code, no individual or group policy of sickness and	1196
accident insurance that is delivered, issued for delivery, or	1197
renewed in this state or public employee benefit plan that is	1198
established or modified in this state shall do either of the	1199
following:	1200

(1) Limit or exclude coverage for prescription contraceptive	1201
drugs or devices approved by the United States food and drug	1202
administration, if the policy or plan provides coverage for other	1203
prescription drugs or devices;	1204

(2) Limit or exclude coverage for outpatient services	1205
rendered by a health care professional that are related to the	1206
provision of such drugs or devices, if the policy or plan provides	1207
coverage for other outpatient services rendered by a health care	1208
professional.	1209

(B) The coverage provided under division (A) of this section	1210
shall be subject to the same terms and conditions, including	1211
copayments and deductibles, that apply to similar coverage	1212
provided under the policy or plan.	1213

Sec. 4729.16.  (A) The state board of pharmacy, after notice	1214
and hearing in accordance with Chapter 119. of the Revised Code,	1215
may revokedo one or more of the following if it finds that a	1216
pharmacist or pharmacy intern has committed an act described in	1217
division (B) of this section:	1218

(1) Revoke, suspend, limit, place on probation, or refuse to	1219
grant or renew an identification card, or may impose;	1220

(2) Impose a monetary penalty or forfeiture not to exceed in	1221
severity any fine designated under the Revised Code for a similar	1222
offense, or in the case of a violation of a section of the Revised	1223
Code that does not bear a penalty, a monetary penalty or	1224
forfeiture of not more than five hundred dollars,.	1225

(B) An action described in division (A) of this section may	1226
be taken by the board if the boardit finds a pharmacist or	1227
pharmacy intern:	1228

(1) Guilty of a felony or gross immorality;

1229

(2) Guilty of dishonesty or unprofessional conduct in the	1230
practice of pharmacy;	1231

(3) Addicted to or abusing liquor or drugs or impaired	1232
physically or mentally to such a degree as to render the	1233
pharmacist or pharmacy intern unfit to practice pharmacy;	1234

(4) Has been convicted of a misdemeanor related to, or	1235
committed in, the practice of pharmacy;	1236

(5) Guilty of willfully violating, conspiring to violate,	1237
attempting to violate, or aiding and abetting the violation of any	1238
of the provisions of this chapter, sections 3715.52 to 3715.72 of	1239
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	1240
any rule adopted by the board under those provisions;	1241

(6) Guilty of permitting anyone other than a pharmacist or	1242
pharmacy intern to practice pharmacy;	1243

(7) Guilty of knowingly lending the pharmacist's or pharmacy	1244
intern's name to an illegal practitioner of pharmacy or having	1245
professional connection with an illegal practitioner of pharmacy;	1246

(8) Guilty of dividing or agreeing to divide remuneration	1247
made in the practice of pharmacy with any other individual,	1248
including, but not limited to, any licensed health professional	1249
authorized to prescribe drugs or any owner, manager, or employee	1250
of a health care facility, residential care facility, or nursing	1251
home;	1252

(9) Has violated the terms of a consult agreement entered	1253
into pursuant to section 4729.39 of the Revised Code;	1254

(10) Has committed fraud, misrepresentation, or deception in	1255
applying for or securing a license or identification card issued	1256
by the board under this chapter or under Chapter 3715. or 3719. of	1257
the Revised Code;	1258

(11) Has failed to comply with the requirements of section	1259
4729.43 of the Revised Code.	1260

(B)(C) Any individual whose identification card is revoked,	1261
suspended, or refused, shall return the identification card and	1262
license to the offices of the state board of pharmacy within ten	1263
days after receipt of notice of such action.	1264

(C)(D) As used in this section:

1265

"Unprofessional conduct in the practice of pharmacy" includes	1266
any of the following:	1267

(1) Advertising or displaying signs that promote dangerous	1268
drugs to the public in a manner that is false or misleading;	1269

(2) Except as provided in section 4729.281 of the Revised	1270
Code, the sale of any drug for which a prescription is required,	1271
without having received a prescription for the drug;	1272

(3) Knowingly dispensing medication pursuant to false or	1273
forged prescriptions;	1274

(4) Knowingly failing to maintain complete and accurate	1275
records of all dangerous drugs received or dispensed in compliance	1276
with federal laws and regulations and state laws and rules;	1277

(5) Obtaining any remuneration by fraud, misrepresentation,	1278
or deception.	1279

(D)(E) The board may suspend a license or identification card	1280
under division (B) of section 3719.121 of the Revised Code by	1281
utilizing a telephone conference call to review the allegations	1282
and take a vote.	1283

(E)(F) If, pursuant to an adjudication under Chapter 119. of	1284
the Revised Code, the board has reasonable cause to believe that a	1285
pharmacist or pharmacy intern is physically or mentally impaired,	1286
the board may require the pharmacist or pharmacy intern to submit	1287
to a physical or mental examination, or both.	1288

Sec. 4729.18.  The state board of pharmacy shall adopt rules	1289
in accordance with Chapter 119. of the Revised Code establishing	1290
standards for approving and designating physicians and facilities	1291
as treatment providers for pharmacists with substance abuse	1292
problems and shall approve and designate treatment providers in	1293
accordance with the rules. The rules shall include standards for	1294
both inpatient and outpatient treatment. The rules shall provide	1295
that to be approved, a treatment provider must be capable of	1296
making an initial examination to determine the type of treatment	1297
required for a pharmacist with substance abuse problems. Subject	1298
to the rules, the board shall review and approve treatment	1299
providers on a regular basis and may, at its discretion, withdraw	1300
or deny approval.	1301

An approved treatment provider shall:

1302

(A) Report to the board the name of any pharmacist suffering	1303
or showing evidence of suffering impairment by reason of being	1304
addicted to or abusing liquor or drugs as described in division	1305
(A)(B)(3) of section 4729.16 of the Revised Code who fails to	1306
comply within one week with a referral for examination;	1307

(B) Report to the board the name of any impaired pharmacist	1308
who fails to enter treatment within forty-eight hours following	1309
the provider's determination that the pharmacist needs treatment;	1310

(C) Require every pharmacist who enters treatment to agree to	1311
a treatment contract establishing the terms of treatment and	1312
aftercare, including any required supervision or restrictions of	1313
practice during treatment or aftercare;	1314

(D) Require a pharmacist to suspend practice on entering any	1315
required inpatient treatment;	1316

(E) Report to the board any failure by an impaired pharmacist	1317
to comply with the terms of the treatment contract during	1318
inpatient or outpatient treatment or aftercare;	1319

(F) Report to the board the resumption of practice of any	1320
impaired pharmacist before the treatment provider has made a clear	1321
determination that the pharmacist is capable of practicing	1322
according to acceptable and prevailing standards;	1323

(G) Require a pharmacist who resumes practice after	1324
completion of treatment to comply with an aftercare contract that	1325
meets the requirements of rules adopted by the board for approval	1326
of treatment providers;	1327

(H) Report to the board any pharmacist who suffers a relapse	1328
at any time during or following aftercare.	1329

Any pharmacist who enters into treatment by an approved	1330
treatment provider shall be deemed to have waived any	1331
confidentiality requirements that would otherwise prevent the	1332
treatment provider from making reports required under this	1333
section.	1334

In the absence of fraud or bad faith, no professional	1335
association of pharmacists licensed under this chapter that	1336
sponsors a committee or program to provide peer assistance to	1337
pharmacists with substance abuse problems, no representative or	1338
agent of such a committee or program, and no member of the state	1339
board of pharmacy shall be liable to any person for damages in a	1340
civil action by reason of actions taken to refer a pharmacist to a	1341
treatment provider designated by the board or actions or omissions	1342
of the provider in treating a pharmacist.	1343

In the absence of fraud or bad faith, no person who reports	1344
to the board a pharmacist with a suspected substance abuse problem	1345
shall be liable to any person for damages in a civil action as a	1346
result of the report.	1347

Sec. 4729.35.  The violation by a pharmacist or other person	1348
of any laws of Ohio or of the United StateStates of America or of	1349
any rule of the board of pharmacy controlling the distribution of	1350
a drug of abuse as defined in section 3719.011 of the Revised Code	1351
or the commission of any act set forth in division (A)(B) of	1352
section 4729.16 of the Revised Code, is hereby declared to be	1353
inimical, harmful, and adverse to the public welfare of the	1354
citizens of Ohio and to constitute a public nuisance. The attorney	1355
general, the prosecuting attorney of any county in which the	1356
offense was committed or in which the person committing the	1357
offense resides, or the state board of pharmacy may maintain an	1358
action in the name of the state to enjoin such person from	1359
engaging in such violation. Any action under this section shall be	1360
brought in the common pleas court of the county where the offense	1361
occurred or the county where the alleged offender resides.	1362

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

1363

(1) "Contraception" or "contraceptive" means any drug or	1364
device approved by the United States food and drug administration	1365
to prevent pregnancy.	1366

(2) "Employee" means a person employed by a pharmacy by	1367
contract or any other form of an agreement.	1368

(3) "Product" means a drug or device approved by the United	1369
States food and drug administration.	1370

(4) "Professional judgment" means the use of professional	1371
knowledge and skills to form a clinical judgment in accordance	1372
with prevailing standards of care.	1373

(5) "Without delay" means a pharmacy providing, providing a	1374
referral for, or ordering contraception, or transferring the	1375
prescription for contraception within the usual and customary	1376
timeframe at the pharmacy for providing, providing a referral for,	1377
or ordering other products, or transferring the prescription for	1378
other products.	1379

(B) Subject to division (E) of this section, if a customer	1380
requests a contraceptive that is in stock, the pharmacy shall	1381
ensure that the contraceptive is provided to the customer without	1382
delay.	1383

(C) Subject to division (E) of this section, if a customer	1384
requests a contraceptive that is not in stock and the pharmacy in	1385
the normal course of business stocks contraception, the pharmacy	1386
immediately shall inform the customer that the contraceptive is	1387
not in stock and without delay offer the customer the following	1388
options:	1389

(1) If the customer prefers to obtain the contraceptive	1390
through a referral or transfer, the pharmacy shall do both of the	1391
following:	1392

(a) Locate a pharmacy of the customer's choice or the closest	1393
pharmacy confirmed to have the contraceptive in stock;	1394

(b) Refer the customer or transfer the prescription to that	1395
pharmacy.	1396

(2) If the customer prefers to order the contraceptive	1397
through the pharmacy, the pharmacy shall obtain the contraceptive	1398
under the pharmacy's standard procedure for expedited ordering of	1399
products and notify the customer when the contraceptive arrives.	1400

(D) The pharmacy shall ensure that its employees do not do	1401
any of the following:	1402

(1) Intimidate, threaten, or harass customers in the delivery	1403
of services relating to a request for contraception;	1404

(2) Interfere with or obstruct the delivery of services	1405
relating to a request for contraception;	1406

(3) Intentionally misrepresent or deceive customers about the	1407
availability of contraception or its mechanism of action;	1408

(4) Breach medical confidentiality with respect to a request	1409
for contraception or threaten to breach such confidentiality;	1410

(5) Refuse to return a valid, lawful prescription for	1411
contraception on the customer's request.	1412

(E) This section does not prohibit a pharmacy from refusing	1413
to provide a contraceptive to a customer in any of the following	1414
circumstances:	1415

(1) When it is unlawful to dispense the contraceptive to the	1416
customer without a valid, lawful prescription and no such	1417
prescription is presented.	1418

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

1419

(3) When the employee of the pharmacy refuses to provide the	1420
contraceptive to the customer because, in the employee's	1421
professional judgment, a contraindication exists or the provision	1422
of the contraceptive is similarly not in the best interest of the	1423
customer's health.	1424

Sec. 4729.44.  (A) Any person who believes that a violation	1425
of section 4729.43 of the Revised Code has occurred may file a	1426
complaint with the state board of pharmacy. Not later than thirty	1427
days after receiving the complaint, the board shall investigate	1428
the complaint and determine whether a violation occurred. If the	1429
board determines a violation occurred, the board may impose a fine	1430
of not more than five thousand dollars for each violation.	1431

(B) A person who has been injured by a violation of section	1432
4729.43 of the Revised Code may bring a civil action in a court of	1433
competent jurisdiction to recover damages for the person's injury,	1434
as well as costs and reasonable attorney's fees.	1435

(C) If the attorney general has cause to believe that a	1436
person or group of persons has been or may be injured by a	1437
violation of section 4729.43 of the Revised Code, the attorney	1438
general may commence a civil action in a court of competent	1439
jurisdiction to compel compliance with that section. In such	1440
action, the court may award appropriate relief on a finding that a	1441
violation or violations have occurred, including compensatory	1442
damages and punitive damages not exceeding five thousand dollars	1443
for each violation.	1444

Section 2. That existing sections 121.22, 2907.29, 3313.60,	1445
3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 of the	1446
Revised Code are hereby repealed.	1447

Section 3. Section 1751.69 of the Revised Code shall apply	1448
only to policies, contracts, and agreements that are delivered,	1449
issued for delivery, or renewed in this state on or after the	1450
effective date of this act, and section 3923.85 of the Revised	1451
Code shall apply to policies of sickness and accident insurance	1452
delivered, issued for delivery, or renewed in this state and	1453
public employee benefit plans that are established or modified in	1454
this state on or after the effective date of this act.	1455

Section 4. Sections 3314.03 and 3326.11 of the Revised Code	1456
are amended by this act and were also amended by Sub. S.B. 210 of	1457
the 128th General Assembly. The amendment by Sub. S.B. 210 to	1458
sections 3314.03 and 3326.11 of the Revised Code is to take effect	1459
on July 1, 2011. The amendment of sections 3314.03 and 3326.11 of	1460
the Revised Code by Sub. S.B. 210 are included in this act to	1461
confirm the intention to retain them, but are not intended to be	1462
effective until July 1, 2011.	1463

Section 5. Sections 3727.60, 3727.601, and 3727.602 of the	1464
Revised Code, as enacted by this act, shall be known as the	1465
"Compassionate Assistance for Rape Emergencies Act."	1466