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| To amend sections 3701.132 and 3701.83 and to enact | 1 |
| sections 329.044, 3701.66, and 3701.67 of the | 2 |
| Revised Code regarding the possible hazards of | 3 |
| fetal exposure to the chemical bisphenol-A (BPA). | 4 |
| Section 1. That sections 3701.132 and 3701.83 be amended and | 5 |
| sections 329.044, 3701.66, and 3701.67 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 329.044. As used in this section, "public assistance | 8 |
| recipient" means an individual who is receiving cash assistance or | 9 |
| services under any of the following programs: medicaid; Ohio works | 10 |
| first; prevention, retention, and contingency; and supplemental | 11 |
| nutrition assistance. | 12 |
| A county department of job and family services shall provide | 13 |
| to each public assistance recipient who is pregnant or believes | 14 |
| she may be pregnant a copy of the publications on fetal exposure | 15 |
| to the chemical bisphenol-A (BPA) made available by the department | 16 |
| of health under section 3701.67 of the Revised Code. The county | 17 |
| department shall provide the copy of the publications regarding | 18 |
| BPA as early in the public assistance recipient's pregnancy as | 19 |
| possible. | 20 |
| Sec. 3701.132. The department of health is hereby designated | 21 |
| as the state agency to administer the "special supplemental | 22 |
| nutrition program for women, infants, and children" (WIC) | 23 |
| established under the "Child Nutrition Act of 1966," 80 Stat. 885, | 24 |
| 42 U.S.C. 1786, as amended. The public health council may adopt | 25 |
| rules pursuant to Chapter 119. of the Revised Code as necessary | 26 |
| for administering the program. The rules may include civil money | 27 |
| penalties for violations of the rules. | 28 |
| In determining eligibility for services provided under the | 29 |
| program, the department may use the application form established | 30 |
| under section 5111.013 of the Revised Code for the healthy start | 31 |
| program. The department may require applicants to furnish their | 32 |
| social security numbers. | 33 |
| The department shall require each agency it authorizes to | 34 |
| serve as a WIC clinic to provide to each WIC recipient who is | 35 |
| pregnant or believes she may be pregnant a copy of the | 36 |
| publications on fetal exposure to the chemical bisphenol-A (BPA) | 37 |
| made available by the department under section 3701.67 of the | 38 |
| Revised Code. The department shall require the WIC clinic to | 39 |
| provide the copy of the publications regarding BPA as early in the | 40 |
| WIC recipient's pregnancy as possible. | 41 |
| If the department determines that a vendor has committed an | 42 |
| act with respect to the program that federal statutes or | 43 |
| regulations or state statutes or rules prohibit, the department | 44 |
| shall take action against the vendor in the manner required by 7 | 45 |
| C.F.R. part 246, including imposition of a civil money penalty in | 46 |
| accordance with 7 C.F.R. 246.12, or rules adopted under this | 47 |
| section. | 48 |
| Sec. 3701.66. (A) No person shall sell or offer for sale any | 49 |
| of the following that contains the chemical bisphenol-A (BPA): | 50 |
| baby bottles, pacifiers, and drinking glasses or cups intended for | 51 |
| use by children younger than five years of age. | 52 |
| (B) If the director of health determines that any person has | 53 |
| violated division (A) of this section, the director shall impose a | 54 |
| fine of five thousand dollars on the violator for a first offense. | 55 |
| The fine for each subsequent offense shall be increased by fifty | 56 |
| per cent of the fine imposed for the immediately preceding | 57 |
| offense. | 58 |
| (C) On the request of the director, the attorney general | 59 |
| shall bring and prosecute to judgment a civil action to collect | 60 |
| any fine imposed under division (B) of this section that remains | 61 |
| unpaid. | 62 |
| (D) All fines collected under this section shall be deposited | 63 |
| into the state treasury to the credit of the general operations | 64 |
| fund created under section 3701.83 of the Revised Code. The fines | 65 |
| shall be used for purposes of section 3701.67 of the Revised Code, | 66 |
| except that if the fines exceed the amounts needed for purposes of | 67 |
| that section, the surplus may be used for other purposes of the | 68 |
| department of health. | 69 |
| Sec. 3701.67. (A) As used in this section: | 70 |
| (1) "Health care professional" means all of the following: | 71 |
| (a) A person authorized under Chapter 4731. of the Revised | 72 |
| Code to practice medicine and surgery or osteopathic medicine and | 73 |
| surgery; | 74 |
| (b) A person authorized under Chapter 4730. of the Revised | 75 |
| Code to practice as a physician assistant; | 76 |
| (c) A person authorized under Chapter 4723. of the Revised | 77 |
| Code to practice as a registered nurse, including as a certified | 78 |
| nurse-midwife, clinical nurse specialist, or certified nurse | 79 |
| practitioner; | 80 |
| (d) A person authorized under Chapter 4723. of the Revised | 81 |
| Code to provide services as a certified community health worker; | 82 |
| (e) A person authorized under Chapter 4757. of the Revised | 83 |
| Code to practice as an independent social worker, social worker, | 84 |
| professional clinical counselor, professional counselor, | 85 |
| independent marriage and family therapist, or marriage and family | 86 |
| therapist; | 87 |
| (f) A person authorized under Chapter 4732. of the Revised | 88 |
| Code to practice as a psychologist or school psychologist; | 89 |
| (g) A person authorized under Chapter 3319. of the Revised | 90 |
| Code to practice as a school psychologist; | 91 |
| (h) Any other person authorized under the Revised Code to | 92 |
| engage in the practice of a health care profession considered by | 93 |
| the department of health to be a profession that has substantial | 94 |
| contact with patients or clients who are pregnant. | 95 |
| (2) "Health care provider" means all of the following: | 96 |
| (a) A health care professional; | 97 |
| (b) A health department operated by the board of health of a | 98 |
| city or general health district or the authority having the duties | 99 |
| of a board of health under section 3709.05 of the Revised Code; | 100 |
| (c) A health center operated by a school that provides | 101 |
| services to students of childbearing age; | 102 |
| (d) A clinic or any other facility where prenatal care is | 103 |
| provided. | 104 |
| (B) The department of health, on its internet web site, shall | 105 |
| make available publications that contain standardized, objective | 106 |
| information about the possible health effects and other hazards of | 107 |
| fetal exposure to the chemical bisphenol-A (BPA). The department | 108 |
| shall make the publications available in a format that is suitable | 109 |
| for both printing and downloading by health care providers and any | 110 |
| other person seeking information about BPA. | 111 |
| (C) The department shall encourage health care providers to | 112 |
| distribute either printed or electronic copies of the publications | 113 |
| described in division (B) of this section to all of their patients | 114 |
| or clients who are pregnant. In doing so, the department shall | 115 |
| recommend that the publications be distributed to each patient or | 116 |
| client as early in the pregnancy as possible. | 117 |
| Sec. 3701.83. (A) There is hereby created in the state | 118 |
| treasury the general operations fund. Moneys in the fund shall be | 119 |
| used for the purposes specified in sections 3701.04, 3701.344, | 120 |
| 3701.66, 3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, | 121 |
| 3721.022, 3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, | 122 |
| 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the | 123 |
| Revised Code. | 124 |
| (B) The alcohol testing program fund is hereby created in the | 125 |
| state treasury. The director of health shall use the fund to | 126 |
| administer and enforce the alcohol testing and permit program | 127 |
| authorized by section 3701.143 of the Revised Code. | 128 |
| The fund shall receive transfers from the liquor control fund | 129 |
| created under section 4301.12 of the Revised Code. All investment | 130 |
| earnings of the alcohol testing program fund shall be credited to | 131 |
| the fund. | 132 |
| Section 2. That existing sections 3701.132 and 3701.83 of the | 133 |
| Revised Code are hereby repealed. | 134 |