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(124th General Assembly)(Substitute Senate Bill Number 121)
AN ACT
To amend sections 121.371, 3109.13, 3109.15, 3109.16,
3109.17, 3109.18, 3701.23, and 3701.501 and to
enact section 5.2226 of
the Revised
Code to revise
the law
regarding
required screening
of newborn
children for
genetic,
endocrine, and
metabolic
disorders, the Wellness Block Grant Program, and
the Children's Trust Fund and to designate
September as "Sickle Cell Anemia Awareness Month."
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.371, 3109.13, 3109.15, 3109.16,
3109.17, 3109.18, 3701.23, and 3701.501
be amended and section
5.2226 of the Revised Code be enacted
to read as follows:
Sec. 5.2226. The month of September is designated as "Sickle
Cell Anemia Awareness Month."
Sec. 121.371. There is hereby created the wellness block
grant program. The Ohio family
and children first cabinet council
shall oversee the program,
and the
children's trust fund board,
created by section 3109.15 of the
Revised Code,
department of job
and family services shall
serve as the program's administrative
agent. The
board and the cabinet
council shall establish
guidelines for operating the wellness block grant
program.
A
representative of the family and children first cabinet council
and the chairperson of the children's trust fund board shall
resolve any
disagreements concerning the duties of the council and
the board under this
section. The children's trust fund board may accept gifts,
donations,
grants, or other moneys for the wellness block grant
program from
any source. The board shall use the funds received to make block
grants to county family and children first councils.
The amount
to be granted to each county council
for the program shall be
determined by
the board and the cabinet council.
To cover
administrative expenses, the board may use in each state fiscal
year an amount not to exceed one per cent of the total amount
available for the program in that year.
County councils shall use the funds they receive
through
wellness block grants
for the program to fund community-based
programs of
prevention services that address issues of broad
social concern,
as determined by the cabinet council
and the
board, and to fund
state-directed training, evaluation, and
education programs
pertaining to the issues being addressed.
Each
county council
shall submit to the board a program and fiscal plan
that
outlines its proposal for expenditure of its block grant
and
shall, after consulting with the board of
county commissioners,
designate a fiscal agent to receive the block grant. As requested by the board on behalf of the cabinet
council,
each county council shall submit program and fiscal
accountings
regarding the use of its block grant. The
board and
the cabinet
council shall establish criteria for assessing a
county council's
progress in achieving the goals of the wellness
block grant
program. If a county council does not
operate in accordance with
the program guidelines and criteria established by
the board and
the cabinet council,
the board and the cabinet council may
revise
the allocation of funds that the county council receives.
The board shall prepare an annual report detailing the
results of the program. The report shall be submitted to the
governor, the president and minority leader of the senate, and the
speaker and minority leader of the
house of representatives.
Sec. 3109.13. As used in sections 3109.13 to 3109.18 of
the
Revised Code, child: (A) "Child abuse and child neglect prevention
programs"
means programs
designed to prevent child abuse and
child neglect,
including, but not limited to, any of the
following: (A) Public awareness programs that
pertain
to child abuse or
child neglect;
(B) Community-based, family-focused support services and
activities
that do any of the following:
(1) Build parenting skills;
(2) Promote parental behaviors that lead to healthy and
positive personal development of parents and children;
(3) Promote individual, family, and community strengths;
(4) Provide information, education, or health activities
that
promote the well-being of families and children.
(C) Programs that train and place volunteers in programs
that pertain to child abuse or child neglect
that use primary and
secondary prevention strategies that are conducted at the local
level and activities and projects of statewide significance
designed to strengthen families and prevent child abuse and child
neglect.
(B) "Primary prevention strategies" are activities and
services provided to the public designed to prevent or reduce the
prevalence of child
abuse and child neglect before signs of abuse
or neglect can be
observed. (C) "Secondary prevention strategies" are activities and
services that are provided to a specific population identified as
having risk factors for child abuse and child neglect and are
designed to intervene at the earliest warning signs of
child abuse
or child neglect, or whenever a child can be identified as
being
at risk of abuse or neglect.
Sec. 3109.15. There is hereby created within the
department
of job and family services the children's trust
fund board
consisting of fifteen members. The
directors of alcohol and drug
addiction services,
health, and job and family services shall be
members of
the board. Eight
public members shall be appointed by
the governor. These members
shall be persons with demonstrated
knowledge in programs for
children, shall be representative of the
demographic composition
of this state, and, to the extent
practicable, shall be
representative of the following categories:
the educational
community; the legal community; the social work
community; the
medical community; the voluntary sector; and
professional
providers of child abuse and child neglect services.
Five of
these members shall be residents of
counties
metropolitan
statistical areas as defined by the United States office of
management and budget where the population
exceeds four hundred
thousand; no
more than one
two such
member
members shall
be
a
resident
residents of the
same
county
metropolitan statistical
area. Two members of the board shall
be members of the
house of
representatives appointed by the
speaker of the house of
representatives and shall be members of
two different political
parties. Two members of the board shall
be members of the senate
appointed by the president of the senate
and shall be members of
two different political parties. All
members of the board
appointed by the speaker of the house of
representatives or the
president of the senate shall serve until
the expiration of the
sessions of the general assembly during
which they were appointed.
They may be reappointed to an
unlimited number of successive terms
of two years at the pleasure
of the speaker of the house of
representatives or president of
the senate. Public members shall
serve terms of three years. Each
member
shall serve until the
member's successor is appointed, or until a period of sixty days
has elapsed, whichever occurs first. No
public member
may serve
more than two consecutive
full terms, regardless of whether
such
terms were full or partial terms. All vacancies on the
board
shall be filled for the balance of the unexpired term in
the same
manner as the original appointment. Any member of the board may be removed by the
member's
appointing authority for misconduct,
incompetency, or neglect of
duty after
first being given the opportunity to be heard in the
member's own behalf.
Pursuant to section 3.17 of the Revised
Code, a member,
except a member of the general assembly or a judge
of any court in the state,
who fails
to attend at least
three-fifths of the regular and special
meetings held by the board
during any two-year period forfeits the
member's position on the
board. Each member of the board shall serve without compensation
but
shall be reimbursed for all actual and necessary expenses
incurred
in the performance of
official
duties. The speaker of the house of representatives and the
president
of the senate shall jointly appoint the board
chairperson
from
among the legislative members of the board.
At the beginning of
the
first year of each even-numbered general assembly, the
chairperson
of the board shall be appointed by the speaker of the
house of
representatives from among members of the board who are
members of
the house of representatives. At the beginning of the
first year
of each odd-numbered general assembly, the chairperson
of the
board shall be appointed by the president of the senate
from among the members of the
board who are senate members.
The board shall biennially select a vice-chair from among its
nonlegislative members.
Sec. 3109.16. The children's trust fund board, upon the
recommendation of the director of job and family services,
shall
approve
the employment of
the staff that
an executive director
who will administer the programs of
the board. The department of
job and family services
shall provide
budgetary, procurement,
accounting, and other related management
functions for the board.
An amount not to exceed three per
cent of the total amount of fees
deposited in the children's trust
fund in each fiscal year may be
used for costs directly related
to these administrative functions
of the department. Each fiscal year,
the board shall approve a
budget for administrative
expenditures for the next fiscal year. The board shall meet
at least quarterly at the call of the
chairperson to
conduct
its official business. All business
transactions of the board
shall be conducted in public meetings.
Eight members
of the board constitute a quorum. A majority of the
quorum
board members is required
to
approve
adopt the state plan
for
the
allocation of funds from the children's trust fund.
A
majority of the quorum is required to make all other decisions of
the board. The board may apply for and accept federal and other funds
for the
purpose of funding child abuse and child neglect
prevention
programs. In addition, the
board may accept gifts and
donations from any source,
including individuals,
philanthropic
foundations or organizations, corporations, or corporation
endowments. The
acceptance and use of federal
funds shall not
entail any commitment or pledge of state funds,
nor obligate the
general assembly to continue the programs or
activities for which
the federal funds are made available. All
funds received in the
manner described in this section shall be
transmitted to the
treasurer of state, who shall credit them to
the children's trust
fund created in section 3109.14 of the
Revised Code.
Sec. 3109.17. (A) For each fiscal biennium, the
children's
trust
fund board shall establish a biennial state plan for
comprehensive child
abuse and child neglect
prevention. The plan
shall be transmitted to the
governor, the president and minority
leader of the senate, and the
speaker and minority leader of the
house of representatives and shall be made available to the
general public.
The board shall include in the state plan the
definition of "effective public notice" specified in rules adopted
by the department of job and family services. (B) In developing and carrying out the state plan, the
children's
trust fund board shall, in accordance with Chapter 119.
of the
Revised Code, do all of the following: (1) Ensure that an opportunity exists for assistance through
child
abuse and child neglect prevention programs to persons
throughout
the state of various social and economic backgrounds; (2) Before the thirtieth day of October of each year, notify
each
child abuse and child neglect prevention advisory board of
the
amount estimated to be
block granted
allocated to that
advisory board for
the following fiscal year. (3) Develop criteria for county or district comprehensive
allocation
plans,
including criteria for determining the plans'
effectiveness; (4) Review county or district comprehensive allocation
plans; (5)
Make a block grant
Allocate funds to each child abuse and
child neglect
prevention advisory board for the purpose of funding
child abuse and child
neglect prevention programs.
The block
grants
Funds shall be allocated among
advisory boards according to
a formula based on the ratio of the
number of children under age
eighteen in the county or multicounty
district to the number of
children under age eighteen in the
state, as shown in the most
recent federal decennial census of
population. Subject to the
availability of funds, each advisory
board shall receive a minimum
of ten
thousand dollars per fiscal year. In the case of an
advisory
board that serves a multicounty district, the advisory
board shall
receive, subject to available funds, a minimum of ten
thousand
dollars per fiscal year for each county in the district.
Block grants
Funds shall be disbursed to the advisory boards twice
annually. At least fifty per cent of the
amount of the block
grant
funds allocated to an advisory board for a fiscal year shall
be disbursed to
the advisory board not later than the thirtieth
day of September.
The remainder of the
block grant
funds
allocated to the advisory board for that
fiscal year shall be
disbursed before the
thirty-first day of March. If the children's trust fund board determines, based on
county or district
performance or on the annual report submitted
by an advisory board, that the
advisory board is not operating in
accordance with the
criteria established in division (B)(3) of
this section, it may
revise the allocation of funds that the
advisory board receives. The board shall specify the criteria child abuse and child
neglect prevention advisory boards are to use in reviewing
applications under division (F)(3) of section 3109.18 of the
Revised Code. (6)
Allocate funds to entities other than child abuse and
child neglect prevention advisory boards for the purpose of
funding child
abuse and child neglect prevention programs approved
in the state
plan; (7) Provide
for the monitoring of expenditures
from the
children's trust fund and of programs that receive money from the
children's trust fund; (7)(8) Establish reporting requirements for
advisory boards;
(8)(9) Collaborate with appropriate
persons and government
entities and facilitate
the exchange of information among those
persons
and entities for the purpose of child abuse and child
neglect prevention;
(9)(10) Provide for the education of the public
and
professionals for
the purpose of child abuse and child neglect
prevention.;
(11) Create and provide to each advisory board a children's
trust fund grant application form; (12) Specify the information to be included in an annual
report completed by a recipient of a children's trust fund grant
under division (K)(1) of section 3109.18 of the Revised Code. (C) The children's trust fund board shall prepare a report
for
each fiscal biennium that
evaluates
delineates the expenditure
of money from the
children's trust fund. On or before January 1,
2002, and on or before
the first day of January of a year that
follows the end of a fiscal
biennium of this state, the board
shall file a copy of the report with the
governor, the president
and minority leader of the senate, and the speaker and
minority
leader of the house of representatives. (D) In addition to the duties described in this section and
in section 3109.16
of the Revised Code, the children's trust fund
board shall perform the duties described in section 121.371 of the
Revised Code with regard to the wellness block grant
program.
Sec. 3109.18. (A)(1) A board of county
commissioners may
establish a child abuse and child
neglect prevention advisory
board or may designate the
county family and
children first
council to serve as the child abuse and child neglect
prevention
advisory board. The boards of county commissioners of
two or more
contiguous counties may instead form a multicounty district
to be
served by a child abuse and child neglect
prevention advisory
board
or may designate a regional family and children first
council to
serve as the district child abuse and child neglect
prevention advisory
board. Each advisory board shall meet at
least twice a year. (2) The county auditor is hereby designated as the auditor
and
fiscal officer of the advisory board. In the case of a
multicounty
district, the boards of county commissioners that
formed the
district shall designate the auditor of one of the
counties as the
auditor and fiscal officer of the advisory board. (B) Each county that establishes an advisory board or, in a
multicounty district, the county the auditor of which has been
designated as
the auditor and fiscal
agent
officer of the advisory
board,
shall establish a fund in the county
treasury known as the
county
or district children's trust fund.
The advisory board
shall
deposit all funds received from the
children's trust fund
board
into that fund, and the auditor shall
distribute money from
the
fund at the request of the advisory
board. (C) Each January, the board of county commissioners of a
county
that has established an advisory board or, in a multicounty
district, the board of county commissioners of the county the
auditor of
which has been designated as the auditor and fiscal
agent
officer for the
advisory board, shall appropriate the amount
described in division
(B)(2) of section 3109.17 of the Revised
Code for
distribution by
the advisory board to child abuse and
child neglect prevention
programs. (D)(1) Except in the case of a county or regional
family and
children first council that is designated to serve as a
child
abuse and child neglect prevention advisory board, each
advisory
board shall
consist of an odd number of members from both
the
public and
private sectors,
including all of the following: (a) A representative of an agency responsible for the
administration of children's services in the county or district; (b) A provider of alcohol or drug addiction services or a
representative of a board of alcohol, drug addiction, and mental
health
services that serves the
county or district; (c) A provider of mental health services or a representative
of a
board of alcohol, drug addiction, and mental health services
that serves
the county or district; (d) A representative of a board of mental retardation and
developmental disabilities that serves the county or district; (e) A representative of the educational community appointed
by
the superintendent of the school district with largest
enrollment in the
county or multicounty district. (2) The following groups and entities may be represented on
the
advisory board: (a) Parent groups; (b) Juvenile justice officials; (c) Pediatricians, health department nurses, and other
representatives of the medical community; (d) School personnel; (e) Counselors
and social workers; (f) Head start agencies; (g) Child day-care providers; (h) Other
persons with demonstrated
knowledge in programs
for children. (3) Of the members first appointed, at least one
shall serve
for a term of three years, at least one for a term of
two years,
and at least one for a term of one year. Thereafter,
each member
shall serve a term of three years. Each member shall
serve until
the member's successor is appointed. All
vacancies on the
board
shall be filled for the balance of the unexpired term in
the same
manner as the original appointment.
(E) Each board of county commissioners may incur reasonable
costs not to exceed five per cent of the
block grant
funds
allocated to
the county or district under section 3109.17 of the
Revised Code,
for the purpose of carrying out the functions of the
advisory
board. (F) Each child abuse and child
neglect prevention advisory
board shall do all of the following: (1) Develop a comprehensive
allocation plan for the purpose
of preventing child abuse and child neglect
and
submit the plan to
the children's trust fund board; (2)
Notify
Provide effective public notice, as defined in
rules adopted by the department of job and family services, to
potential
applicants about the availability of
funds from the
children's
trust fund, including an estimate of the amount of
money available for grants within each county or district, the
date of at least one public hearing, information on obtaining a
copy of the grant application form, and the deadline for
submitting
grant applications; (3) Review all applications received using
any criteria
developed by
the
child abuse and child neglect prevention advisory
board
specified in the state plan adopted by the board under
section 3109.17 of the Revised Code; (4) Consistent with the plan developed pursuant to
division
(F)(1) of this section, make grants to child abuse and child
neglect prevention programs.
In making grants to child abuse and
child neglect prevention
programs, the advisory board may consider
factors such as need, geographic
location, diversity, coordination
with
or improvement of existing services, maintenance of local
funding
efforts, and extensive use of volunteers. (5) Establish reporting requirements for grant
recipients. (G)
A member of a child abuse and child neglect prevention
advisory board shall not participate in the development of a
comprehensive allocation plan under division (F)(1) of this
section if it is reasonable to expect that the member's judgment
could be affected by the member's own financial, business,
property, or personal interest or other conflict of interest. For
purposes of this division, "conflict of interest" means the
taking
of any action that violates any applicable provision of
Chapter
102. or 2921. of the Revised Code. Questions relating to
the
existence of a conflict of interest pertaining to Chapter
2921. of
the Revised Code shall be submitted by the advisory board
to the
local prosecuting attorney for resolution. Questions
relating to
the existence of a conflict of interest pertaining to
Chapter 102.
of the Revised Code shall be submitted by the
advisory board to
the Ohio ethics commission for resolution. (H) Each advisory
board shall
assist the children's trust
fund
board in monitoring
programs that receive money from the
children's trust fund
and
shall perform such
other duties for the
local administration of
the children's trust
fund as
the
children's trust fund board
requires. (H)(I) A recipient of a grant from the children's trust fund
shall use the grant funds only to fund
primary and secondary child
abuse and child
neglect prevention programs. Any
grant funds that
are not spent
by the
recipient of the funds within the time
specified by the
terms of
the grant shall be returned to the
county treasurer. Any
grant funds returned that
are not
redistributed by the advisory
board within the
time specified by
the terms of the original grant
state fiscal year in which they
are received
shall be returned to the
treasurer
of state. The
treasurer of
state shall deposit such unspent
moneys into the
children's trust
fund to be spent for purposes
consistent with
the
state plan
adopted under section 3109.17 of
the Revised Code.
(I)(J) Applications for grants from the children's trust
fund
shall be made to the advisory board on forms prescribed by
the
department of job and family services
children's trust fund
board.
(J)(K)(1) Each recipient of a children's trust fund grant
from
an advisory board
shall file with the advisory board a copy
of an
annual report that includes the information required by the
advisory
children's trust fund
board.
(2) Each advisory board shall file with the children's trust
fund board a copy of an annual
report regarding the county or
district comprehensive allocation
plan that contains the
information required by the children's
trust fund board.
Sec. 3701.23. (A) The director of health shall have
charge
of the laboratory authorized by section 3701.22 of the
Revised
Code. The director may employ an assistant for the
laboratory who
shall be a person skilled in chemistry and
bacteriology, and
receive such compensation as
the director may allow. All expenses
of such laboratory shall be
paid from appropriations made for the
department of health. (B)(1) The public health council, in accordance with
Chapter
119. of the Revised Code, shall adopt, and may amend or
rescind,
rules establishing reasonable fees to be charged for
services that
the laboratory performs. The council
need not
prescribe fees to
be charged in any case where the council
believes that the
charging of fees would significantly and
adversely affect the
public health.
Except
as provided in
division
(B)(2)
of
this
section, all
All fees collected
for services
that
the laboratory
performs shall be
deposited into
the state
treasury
to the credit
of the "laboratory handling fee
fund,"
which is
hereby created for
the purpose of defraying
expenses of
operating
the laboratory. (2) The council, in accordance with division (B)(1) of
this
section, shall adopt a rule establishing a fee of not less
than
fourteen dollars for tests of newborn children
conducted
under
section 3701.501 of the Revised Code. Of each such fee
collected
on or after the rule's effective date, not less than ten
dollars
and
twenty-five cents shall be deposited into the state treasury
to
the credit of the genetics services fund, which is hereby
created, and not less than three dollars and seventy-five cents
shall
be
deposited into the state treasury to the credit of the
sickle
cell fund, which is hereby created. Not less than three
dollars from each fee
credited to the genetics services fund shall
be used to defray
costs of phenylketonuria programs. Not less
than seven
dollars and twenty-five
cents of each fee credited to
the genetics services fund shall be
used to defray the costs of
the programs authorized by section
3701.502 of the Revised Code.
Money credited to the sickle cell
fund shall be used to defray
costs of programs authorized by
section 3701.131 of the Revised
Code.
Sec. 3701.501. (A)
The public health council shall adopt
rules in accordance with Chapter 119. of the Revised Code for
testing of
(1) Except as provided in division (A)(2) of this
section,
all newborn children
shall be screened for the presence
of
phenylketonuria,
homocystinuria, galactosemia, and
hypothyroidism.
The person
designated in the rules shall cause a
child to be
tested in
accordance with the rules. The rules may
require tests
for other
the
genetic, endocrine,
or
and metabolic
disorders
if
the following
conditions are met: (1) A determination is made by the public health council
that the disorders cause disability if undiagnosed and untreated
and are treatable.
(2) No additional blood samples or specimens are required
to
conduct the test.
All tests required by this section or by rules adopted by
the
public health council pursuant to this section shall be
performed
by the laboratory authorized by section 3701.22 of the
Revised
Code except that if the rules adopted by the public
health council
under this section provide that retesting of
children with
abnormal test results may be performed by
laboratories other than
that laboratory, retests may be performed
by any laboratory
approved by the director of health for that
purpose.
Rules adopted by the public health council under this
section
shall prescribe a method for giving notice of the
proposed tests
and the results of the tests to the parents of the
child. The
rules shall also prescribe a method for giving notice
of the
proposed tests and the results of the tests to either the
person
who caused the child to be tested, employees designated by
the
rules of the hospital of birth, or the health commissioner
for the
health district where the birth occurred, whichever is
appropriate
as determined by the rules.
The rules also shall
prescribe laboratory methods and other
procedures for the
detection of such genetic, endocrine, and
metabolic disorders in
newborn children, including procedures for
retesting and referral
of children with abnormal test results.
With regard to tests for the
presence of phenylketonuria, the
laboratory methods and other procedures
prescribed in the rules
shall include any test that the council determines is
effective
for use in
detecting the disorder in children who are less than
forty-eight hours old.
(B)
specified in rules,
adopted pursuant to this section.
(2) Division
(A)(1) of this section does not apply if
the
parents of the child object thereto on the grounds that
such
test
the screening conflicts with their religious tenets and
practices.
(B) There is hereby created the newborn screening advisory
council to advise the director of health regarding the screening
of newborn children for genetic, endocrine, and metabolic
disorders. The council shall engage in an ongoing review of the
newborn screening requirements established under this section and
shall provide recommendations and reports to the director as the
director requests and as the council considers necessary. The
director may assign other duties to the council, as the director
considers appropriate.
The council shall consist of fourteen members appointed by
the director. In
making appointments, the director shall select
individuals and
representatives of entities with interest and
expertise in newborn
screening, including such individuals and
entities as health care
professionals, hospitals, children's
hospitals, regional genetic
centers, regional sickle cell centers,
newborn screening
coordinators, and members of the public.
The department of health shall provide meeting space, staff
services, and other technical assistance required by the council
in carrying out its duties. Members of the council shall serve
without compensation, but shall be reimbursed for their actual and
necessary expenses incurred in attending meetings of the council
or performing assignments for the council. The council is not subject to sections 101.82 to 101.87 of
the Revised Code.
(C)(1) The director of health shall adopt rules in
accordance
with Chapter 119. of the Revised Code specifying the
disorders for which each newborn child must be screened.
(2) The newborn screening advisory council shall evaluate
genetic, metabolic, and endocrine disorders to assist the director
in determining which disorders should be included in the
screenings required under this section. In determining whether a
disorder should be included, the council shall consider all of the
following:
(a) The disorder’s incidence, mortality, and morbidity;
(b) Whether the disorder causes disability if diagnosis,
treatment, and early intervention are delayed;
(c) The potential for successful treatment of the disorder;
(d) The expected benefits to children and society in
relation to the risks and costs associated with screening for the
disorder;
(e) Whether a screening for the disorder can be conducted
without taking an additional blood sample or specimen.
(3) Based on the considerations specified in division
(C)(2) of this section, the council shall make recommendations to
the director of health for the adoption of rules under division
(C)(1) of this section. The director shall promptly and
thoroughly review each recommendation the council submits.
(D) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code
establishing standards and
procedures for the screenings required by this section. The rules
shall include standards and procedures for all of the following:
(1) Causing rescreenings to be performed when initial
screenings have abnormal results;
(2) Designating the person or persons who will be
responsible for causing screenings and rescreenings to be
performed;
(3) Giving to the parents of a child notice of the required
initial screening and the possibility that rescreenings may be
necessary;
(4) Communicating to the parents of a child the results of
the child's screening and any rescreenings that are performed;
(5) Giving notice of the results of an initial screening
and any rescreenings to the person who caused the child to be
screened or rescreened, or to another person or government entity
when the person who caused the child to be screened or rescreened
cannot be contacted;
(6) Referring children who receive abnormal screening or
rescreening results to providers of follow-up services, including
the services made available through funds disbursed under division
(F) of this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section, all newborn screenings required by this section
shall be performed by the laboratory authorized under section
3701.22 of the Revised Code.
(2) If the director determines that the laboratory
authorized under section 3701.22 of the Revised Code is unable to
perform screenings for all of the disorders specified in the rules
adopted under division (C) of this section, the director shall
select another laboratory to perform the screenings. The director
shall select the laboratory by issuing a request for proposals.
The director may accept proposals submitted by laboratories
located outside this state. At the
conclusion of the selection
process, the director shall enter into
a written contract with the
selected laboratory. If the director
determines that the
laboratory is not complying with the terms of
the contract, the
director shall immediately terminate the
contract and another
laboratory shall be selected and contracted
with in the same
manner.
(3) Any rescreening caused to be performed pursuant to this
section may be performed by the laboratory authorized
by section
3701.22 of the Revised Code or one or more other
laboratories
designated by the director. Any laboratory the
director considers
qualified to perform rescreenings may be
designated, including a
laboratory located outside this state.
If more than one laboratory
is designated, the person responsible for causing a
rescreening to
be performed
is also responsible for selecting the
laboratory to
be used.
(F)(1) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
establishing a fee that shall be
charged and collected in addition
to or in conjunction with any
laboratory fee that is charged and
collected for performing the
screenings required by this section. The fee, which
shall be not
less than fourteen
dollars, shall be disbursed as
follows: (a) Not less than ten dollars and twenty-five cents shall be
deposited in the state treasury to the credit of the genetics
services fund, which is hereby created. Not less than seven
dollars and twenty-five cents of each fee credited to the genetics
services fund shall be used to defray the costs of the programs
authorized by section 3701.502 of the Revised Code. Not less than
three
dollars from each fee credited to the genetics services fund
shall
be used to defray costs of phenylketonuria programs. (b) Not less than three dollars and seventy-five cents shall
be deposited into the state treasury to the credit of the sickle
cell fund, which is hereby created. Money credited to the sickle
cell fund shall be used to defray costs of programs authorized by
section 3701.131 of the Revised Code. (2) In adopting rules under division (F)(1) of this section,
the director shall not establish a fee that differs
according to
whether a screening is performed by the laboratory authorized
under
section 3701.22 of the Revised Code or by another
laboratory
selected by the director pursuant to division (E)(2) of this
section.
SECTION 2. That existing sections 121.371, 3109.13, 3109.15,
3109.16, 3109.17, 3109.18, 3701.23, and 3701.501 of
the Revised
Code are
hereby repealed.
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