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Sub. H. B. No. 6As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES J. Stewart, Allen, Aslanides, Barrett, Beatty, Boccieri, Brown, Buehrer, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Core, Daniels, DeBose, DePiero, Domenick, Driehaus, C. Evans, Faber, Flowers, Gibbs, Gilb, Hartnett, Harwood, Hollister, Husted, Jolivette, Key, Latta, Martin, Miller, Niehaus, Oelslager, Olman, S. Patton, T. Patton, Perry, Peterson, Price, Raussen, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, G. Smith, D. Stewart, Strahorn, Sykes, Taylor, Ujvagi, Walcher, Webster, White, Widowfield, Williams, Wolpert, Woodard, Yates
A BILL
To amend sections 149.43, 339.89, 3701.03, 3701.04, 3701.06,
3701.07, 3701.13, 3701.14, 3701.15, 3701.16,
3701.17,
3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25,
3701.34, 3701.35,
3701.352, 3701.501,
3701.56, 3701.57,
3701.99,
3707.06, 3715.02, 3901.46, and 4736.01; to amend,
for the purpose of
adopting new
section numbers as
indicated in
parentheses,
sections 3701.16
(3701.161), 3701.17
(3701.162),
3701.23 (3701.221),
and 3707.33
(3707.38); to
enact new sections
3701.16,
3701.17, and 3701.23
and sections
3701.072, 3701.146, 3701.201,
3701.231, 3701.232, 3701.571, and
3707.34
of the
Revised Code; to amend the version of section 149.43 of the Revised Code that is scheduled to take effect January 1, 2004; and to amend Section 56.01 of Am. Sub. H.B. 94 of the 124th General Assembly, as subsequently amended,
to modify the
powers and
duties
of
the Department
of Health, Public Health
Council,
and
boards of health relative to
bioterrorism and
other public health matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 339.89, 3701.03, 3701.04, 3701.06,
3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17, 3701.19, 3701.22, 3701.23,
3701.24,
3701.241, 3701.25, 3701.34, 3701.35, 3701.352, 3701.501, 3701.56,
3701.57, 3701.99,
3707.06, 3715.02, 3901.46, and 4736.01
be amended;
sections 3701.16
(3701.161),
3701.17 (3701.162),
3701.23
(3701.221), and 3707.33
(3707.38) be
amended for the
purpose of
adopting new section
numbers as
indicated in
parentheses; and new
sections 3701.16,
3701.17, and
3701.23 and
sections 3701.072,
3701.146, 3701.201, 3701.231,
3701.232,
3701.571, and 3707.34 of the Revised Code be
enacted to
read as
follows:
Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (b) Records pertaining to probation and parole proceedings; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT other than statements required
to
include the
disclosure of that fact
under the campaign
finance
law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter or EMT and, if the
peace officer's,
firefighter's or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 339.89. Sections 339.71 to 339.88 of the Revised Code,
and the rules for
tuberculosis adopted under section
3701.14
3701.146 of the Revised Code, do not require a person to
undergo
testing, medical treatment, or detention in a hospital or other
place
for treatment if the person, or, in the case of a child, the
child's parents,
rely exclusively on spiritual treatment through
prayer, in lieu of medical
treatment, in accordance with a
recognized, religious method of healing. The
person may be
quarantined or otherwise safely isolated in the home or another
place that is suitable to the health of the person and has been
approved by
the tuberculosis control unit as a place that provides
appropriate protection
to other persons and the community.
Sec. 3701.03. (A) The director of health shall perform such
duties as that are
incident to
his
the director's position as chief
executive
officer of the department of health.
He
The director shall administer the
laws
relating to health and sanitation and the
regulations
rules of the
department
of health.
He
The director may designate employees of
the department and, during a public health emergency, other persons to administer the
laws and rules on the director's behalf.
(B) Nothing in this section authorizes any action that prevents the fulfillment of duties or impairs the exercise of authority established by law for any other person or entity.
(C) The director shall prepare sanitary and public
health
regulations
rules for
consideration by the public health council
and shall submit to said the council
recommendations for new
legislation. The director shall sit at meetings of
the council
but shall have no vote.
Sec. 3701.04. (A) The director of health shall: (1) Require such reports and make such inspections and
investigations as that the director considers necessary; (2) Provide such methods of administration, appoint such
personnel, make such reports, and take such other action as may
be
necessary to comply with the requirements of the federal act
"Construction and Modernization of Hospitals and Other Medical Facilities Act," Title VI of the "Public Health Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended, and
the regulations thereunder adopted under that act; (3) Procure by contract the temporary or intermittent
services of experts or, consultants, or organizations thereof when
such those services are to be performed on a part-time or
fee-for-service basis and do not involve the performance of
administrative duties; (4) Enter into agreements for the utilization of the
facilities and services of other departments, agencies, and
institutions, public or private; (5)
On behalf of the state,
solicit, accept, hold,
administer, and deposit in the
state treasury to the credit of the
general operations fund
created in section 3701.83 of the Revised
Code, any grant, gift,
devise, bequest,
or contribution
made to
assist in meeting the cost of carrying
out the director's
responsibilities and expend the grant, gift,
device
devise,
bequest, or
contribution for
the purpose
for which made. Fees
collected
by
the
director in
connection with meetings and
conferences shall
also be
credited
to the fund and expended for
the purposes for
which paid. (6) Make an annual report to the governor on activities
and
expenditures, including recommendations for such additional
legislation as the director considers appropriate to furnish
adequate hospital, clinic, and similar facilities to the people of
this state. (B) The director of health may
enter into
agreements
to sell
services offered by
the
department
of health to
boards of health
of city and general
health districts and to other departments,
agencies,
and
institutions of
the
this state, other states, or the
United
States. Fees collected by the
director for
the sale of
services
under this division shall be
deposited into
the state
treasury to
the credit of the general
operations fund
created in
section
3701.83 of the Revised Code.
Sec. 3701.06. The director of health and any person
authorized by
him
the director authorizes may,
without fee or hindrance,
enter, examine, and survey all grounds, vehicles,
apartments, buildings, and
places in furtherance of any duty
laid
upon the
director or
department of health or where
he
the
director
has reason to
believe there exists a violation of any
health law
or
of
the sanitary code rule.
Sec. 3701.07. (A) The public health council shall adopt
rules in accordance with Chapter 119. of the Revised Code
defining
and classifying hospitals and dispensaries and providing
for the
reporting of information by hospitals and
dispensaries.
The
Except as otherwise provided in the Revised Code, the
rules
providing for the
reporting of information shall not
require
inclusion of any confidential patient data or
any
information
concerning the financial condition, income, expenses,
or net
worth
of the facilities other than that financial
information
already
contained in those portions of the medicare or
medicaid
cost
report that is necessary for the department of
health to
certify
the per diem cost under section 3701.62 of the
Revised
Code. The
rules may require the reporting of information
in the
following
categories: (1) Information needed to identify and classify the
institution; (2) Information on facilities and type and volume of
services provided by the institution; (3) The number of beds listed by category of care
provided; (4) The number of licensed or certified professional
employees by classification; (5) The number of births that occurred at the institution
the previous calendar year; (6) Any other information that the council considers
relevant to the
safety of patients served by the institution. Every hospital and dispensary, public or private, annually
shall register with and report to the department of health.
Reports shall be submitted in the manner prescribed
in
rule
rules
adopted under this division. (B) Every governmental entity or private nonprofit
corporation or association whose employees or representatives are
defined as residents' rights advocates under divisions (E)(1) and
(2) of section 3721.10 or division (A)(10) of section 3722.01 of
the Revised Code shall register with the department of health on
forms furnished by the director of health and shall provide such
reasonable identifying information as the director may prescribe. The department shall compile a list of the governmental
entities, corporations, or associations registering under this
division and shall update the list annually. Copies of the list
shall be made available to nursing home administrators as defined
in division (C) of section 3721.10 of the Revised Code and to
adult care facility managers as defined in section 3722.01 of the
Revised Code. (C) Every governmental entity or private nonprofit
corporation or association whose employees or representatives act
as residents' rights advocates for community alternative homes
pursuant to section 3724.08 of the Revised Code shall register
with the department of health on forms furnished by the director
of health and shall provide such reasonable identifying
information as the director may prescribe. The department shall compile a list of the governmental
entities, corporations, and associations registering under this
division and shall update the list annually. Copies of the list
shall be made available to operators or residence managers of
community alternative homes as defined in section 3724.01 of the
Revised Code.
Sec. 3701.072. (A) As used in this chapter:
(1) "Bioterrorism" has the same meaning as in section
3701.232 of the Revised Code.
(2) "Surveillance" in the public health service means the systematic collection, analysis, interpretation, and dissemination of health data on an ongoing basis, to gain knowledge of the pattern of disease occurrence and potential in a community in order to control and prevent disease in the community. (3) "Trauma center" has the same meaning as in section
4765.01 of the Revised Code.
(B) The public health council shall adopt rules in
accordance with Chapter 119. of the Revised Code that require a
trauma center to report information to the director of
health
describing the trauma center's preparedness and
capacity to respond to disasters, mass casualties, and
bioterrorism. The council's rules may
require the reporting of
any information the council considers
necessary for an accurate description of a trauma center's preparedness
and capacity to respond to disasters, mass casualties, and
bioterrorism. Information reported pursuant to this division is not a public record under section 149.43 of the Revised Code.
(C) Upon request, the department of health shall provide a summary report of the public health council's rules adopted pursuant to this section. (D) The director shall review all information received
pursuant to this section. After reviewing the information, the
director may
conduct an evaluation of a trauma
center's
preparedness and capacity to respond to disasters, mass
casualties, and bioterrorism. An evaluation conducted pursuant to this division is not a public record under section 149.43 of the Revised Code.
Sec. 3701.13. The department of health shall have
supervision of all matters relating to the preservation of the
life and health of the people and have supreme ultimate authority in
matters of quarantine
and isolation, which it may declare and
enforce, when
none
neither exists, and modify, relax, or abolish,
when
it
either has been
established. It may approve means of
immunization against
mumps,
poliomyelitis, rubeola, diphtheria,
rubella (German measles),
pertussis, tetanus, and hepatitis B for
the
purpose of carrying out the
provisions of section 3313.671 of
the Revised Code
and take such actions as are necessary to encourage
vaccination against those diseases. It may make
special or
standing orders or rules
for preventing the use of
fluoroscopes
for nonmedical purposes
which emit doses of
radiation likely to be
harmful to any person,
for preventing the
spread of contagious or
infectious diseases,
for governing the
receipt and conveyance of
remains of deceased
persons, and for
such other sanitary matters
as are best
controlled by a general
rule. Whenever possible, the department shall work in cooperation with the health commissioner of a general or city health district. It may make and enforce
orders in
local matters when an
emergency exists, or when the
board of
health of a general or
city health district has neglected
or
refused to act with
sufficient promptness or efficiency, or
when
such board has not
been established as provided by sections
3709.02, 3709.03,
3709.05, 3709.06, 3709.11, 3709.12, and 3709.14
of the Revised
Code. In such cases the necessary expense incurred
shall be paid
by the general health district or city for which the
services are
rendered. The department may make evaluative studies of the
nutritional
status of Ohio residents, and of the food and
nutrition-related
programs operating within the state. Every
agency of the state,
at the request of the department, shall
provide information and
otherwise assist in the execution of such
studies.
Sec. 3701.14. (A) The director of health shall
investigate
or make inquiry as
to the cause of disease, especially when or illness, including contagious, infectious,
epidemic,
pandemic, or endemic conditions, and take prompt action to control
and
suppress it.
The reports of births and deaths,
the sanitary
conditions and effects of localities and employments,
the
personal
and business habits of the people that affect their health, and the relation
of
the
diseases of man and beast, shall be subjects of study by
the
director. The director may make and execute orders necessary
to
protect the people against diseases of lower animals, and shall
collect and preserve information in respect to such matters and
kindred subjects as may be useful in the discharge of the
director's duties,
and for dissemination among the people. When
called upon by the
state or local governments, or the board of
health of a
general or city health district, the director shall
promptly
investigate
and report upon the water supply, sewerage,
disposal of excreta
of any locality, and the heating, plumbing,
and ventilation of a
public building. (B) With regard to tuberculosis, the following apply: (1) The director shall make payments to boards of county
commissioners in
accordance with section 339.77 of the Revised
Code;
(2) The director shall maintain registries of hospitals,
clinics,
physicians,
or other care providers to whom the director
shall refer persons who make
inquiries to the department of health
regarding possible exposure to
tuberculosis;
(3) The director shall engage in tuberculosis surveillance
activities,
including the
collection and analysis of
epidemiological information relative
to the frequency of
tuberculosis infection, demographic and
geographic distribution of
tuberculosis cases, and trends
pertaining to tuberculosis;
(4) The director shall maintain a tuberculosis registry
to
record the incidence of tuberculosis in this state;
(5) The director may appoint
physicians to serve as
tuberculosis consultants for geographic
regions of the state
specified by the director. Each
tuberculosis consultant shall act
in accordance with guidelines
established by the director and
shall be responsible for
advising and assisting physicians and
other health care
practitioners who participate in tuberculosis
control activities and for
reviewing medical records pertaining to
the treatment
provided to individuals with tuberculosis.
(6) The public health council shall
adopt rules establishing
standards for the following:
(a) Performing tuberculosis screenings;
(b) Performing examinations of individuals who have been
exposed to tuberculosis and individuals who are suspected of
having tuberculosis;
(c) Providing treatment to individuals with tuberculosis;
(d) Methods of preventing individuals with communicable
tuberculosis from infecting other individuals;
(e) Performing laboratory tests for tuberculosis and studies
of the resistance of tuberculosis to one or more drugs;
(f) Selecting laboratories that provide in a timely fashion
the
results of a laboratory test for tuberculosis. The standards
shall include a
requirement that first consideration be given to
laboratories located in this
state.
The rules shall be adopted in accordance with
Chapter 119. of
the Revised Code and shall
be consistent with any recommendations
or guidelines on
tuberculosis issued by the United States centers
for disease
control and prevention or by the American thoracic
society. The
rules shall apply to county or district tuberculosis
control
units, physicians who examine and treat individuals for
tuberculosis, and laboratories that perform tests for
tuberculosis Information obtained during an investigation or inquiry the director currently is conducting pursuant to division (A) of this section and that is not yet complete is confidential during the course of that investigation and shall not be released except under one of the following conditions:
(1) The confidential information is released pursuant to a search warrant or subpoena issued by or at the request of a grand jury or prosecutor, as defined in section 2935.01 of the Revised Code. (2) The director has entered into a written agreement to share or exchange the information with a person or government entity, and that agreement requires the person or entity to comply with the confidentiality requirements established under this section. (3) The director determines the release of the information is necessary, based on an evaluation of relevant information, to avert or mitigate a clear threat to an individual or to the public health. Information released pursuant to this division shall be limited to the release of the information to those persons necessary to control, prevent, or mitigate disease. (C) Division (B) of this section applies during any investigation or inquiry the director makes pursuant to division (A) of this section, notwithstanding any other provision of the Revised Code that establishes the manner of maintaining confidentiality or the release of information, except that the confidentiality and release of protected health information under section 3701.17 of the Revised Code is governed by that section. (D) Nothing in this section bars the release of information that is in summary, statistical, or aggregate form and that does not identify a person. Information that is in summary, statistical, or aggregate form and that does not identify a person is a public record under section 149.43 of the Revised Code. (E) Nothing in this section authorizes the director to conduct an independent criminal investigation without the consent of each local law enforcement agency with jurisdiction to conduct the criminal investigation. (F) Except for information released pursuant to division (B)(3) of this section, any disclosure pursuant to this section shall be in writing and accompanied by a written statement that includes the following or substantially similar language: "This information has been disclosed to you from confidential records protected from disclosure by state law. If this information has been released to you in other than a summary, statistical, or aggregate form, you shall make no further disclosure of this information without the specific, written, and informed release of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is not sufficient for the release of information pursuant to this section."
Sec. 3701.146. (A) In taking actions regarding tuberculosis,
the director of health has all of the following duties and powers: (1) The director shall make payments to boards of county
commissioners in
accordance with section 339.77 of the Revised
Code. (2) The director shall maintain registries of hospitals,
clinics,
physicians,
or other care providers to whom the director
shall refer persons who make
inquiries to the department of health
regarding possible exposure to
tuberculosis. (3) The director shall engage in tuberculosis surveillance
activities,
including the
collection and analysis of
epidemiological information relative
to the frequency of
tuberculosis infection, demographic and
geographic distribution of
tuberculosis cases, and trends
pertaining to tuberculosis. (4) The director shall maintain a tuberculosis registry
to
record the incidence of tuberculosis in this state. (5) The director may appoint
physicians to serve as
tuberculosis consultants for geographic
regions of the state
specified by the director. Each
tuberculosis consultant shall act
in accordance with rules
the director establishes and
shall be responsible for
advising and assisting physicians and
other health care
practitioners who participate in tuberculosis
control activities and for
reviewing medical records pertaining to
the treatment
provided to individuals with tuberculosis. (B)(1) The public health council shall
adopt rules
establishing
standards for the following: (a) Performing tuberculosis screenings; (b) Performing examinations of individuals who have been
exposed to tuberculosis and individuals who are suspected of
having tuberculosis; (c) Providing treatment to individuals with tuberculosis; (d) Preventing individuals with communicable
tuberculosis from infecting other individuals; (e) Performing laboratory tests for tuberculosis and studies
of the resistance of tuberculosis to one or more drugs; (f) Selecting laboratories that provide in a timely fashion
the
results of a laboratory test for tuberculosis. The standards
shall include a
requirement that first consideration be given to
laboratories located in this
state. (2) Rules adopted pursuant to this section shall be adopted in accordance with
Chapter
119. of
the Revised Code and may
be consistent with any
recommendations
or guidelines on
tuberculosis issued by the United
States centers
for disease
control and prevention or by the
American thoracic
society. The
rules shall apply to county or
district tuberculosis
control
units, physicians who examine and
treat individuals for
tuberculosis, and laboratories that perform
tests for
tuberculosis.
Sec. 3701.15. Each year, the director of health shall make a
report to the
governor, which shall include so much of the
proceedings of the department of
health, such information
concerning vital statistics and diseases, such
instructions on the
subject of hygiene for dissemination among the people and
such
suggestions as to legislation, as
he
the director deems
proper.
The director shall
include in
his
the director's annual report a
full statement of
all examinations made in the
department's
chemical and bacteriological
public health laboratory
maintained
under section 3701.22 of the Revised Code, with a detailed account
of all expenses.
Sec. 3701.16. The director of health may purchase, store, and
distribute antitoxins, serums, vaccines, immunizing agents,
antibiotics, and other pharmaceutical agents or medical supplies
that the director deems advisable in the interest of
preparing
for or responding to a public health emergency. The
discretion
granted to the director by this section does not
relieve the
director of the duty to act under section 3701.161 of
the
Revised
Code.
Sec. 3701.16
3701.161. The director of health shall make
necessary arrangements for
the production and distribution of
diphtheria antitoxin. Such antitoxin shall
in all respects be
equal in purity and potency to the standard of requirements
of the
United States public health service for antitoxin for interstate
commerce. Diphtheria antitoxin shall be distributed in accordance
with such
rules
and regulations as may be adopted by the public
health council adopts pursuant to Chapter 119. of the Revised Code.
Sec. 3701.17
3701.162. Any licensed physician practicing in
the this state, or the
superintendent of any state or county
institution, may receive without charge
such the quantities of
antitoxin as
he
the physician or
superintendent requires for the
treatment or prevention of
diphtheria in indigent persons,
provided such antitoxin shall be used only
for persons residing in
the state, and that a sufficient supply is available
for
distribution.
Sec. 3701.17. (A) As used in this section:
(1) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(2) "Protected health information" means information,
in any form, including oral, written, electronic, visual, pictorial, or physical that describes an individual's past, present,
or
future physical or mental health status or condition, receipt
of treatment or care,
or purchase of health products, if either of
the following applies:
(a) The information reveals the identity of the individual
who is the subject of the information.
(b) The
information could be used to reveal the identity of the
individual
who is the subject of the information, either by using
the
information alone or with other information that is available to
predictable recipients of
the information.
(B) Protected health information reported to or obtained by
the director of health, the department of health, or a board of
health of a city or general health district is confidential and
shall not be released without the written consent of the
individual who is the subject of the information unless one of the following applies:
(1) The release of the information is necessary to provide treatment to the individual and the information is released pursuant to a written agreement that requires the recipient of the information to comply with the confidentiality requirements established under this section.
(2) The release of the information is necessary to ensure the accuracy of the information and the information is released pursuant to a written agreement that requires the recipient of the information to comply with the confidentiality requirements established under this section.
(3) The information is released pursuant to a search warrant or subpoena issued by or
at the request of a grand jury or prosecutor in connection with a
criminal investigation or prosecution.
(4) The director determines the release of the information is necessary, based on an evaluation of relevant information, to avert or mitigate a clear threat to an individual or to the public health. Information may be released pursuant to this division only to those persons or entities necessary to control, prevent, or mitigate disease. (C)
Information that does not identify a person is not protected health information and may be
released in summary, statistical, or aggregate form. Upon request, the director shall release information in a summary, statistical, or aggregate form that does not identify a person. (D) Except for information released pursuant to division (D)(4) of this section, any disclosure pursuant to this section shall be in writing and accompanied by a written statement that includes the following or substantially similar language: "This information has been disclosed to you from confidential records protected from disclosure by state law. If this information has been released to you in other than a summary, statistical, or aggregate form, you shall make no further disclosure of this information without the specific, written, and informed release of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is not sufficient for the release of information pursuant to this section."
Sec. 3701.19. As used in this section and in section 3701.20 sections 3701.19 to 3701.201 of the
Revised
Code: (A)
"Poison prevention and treatment center" means an
entity
designated as a poison prevention and treatment center by
the
director of health under section 3701.20 of the Revised Code. (B)
"Harm" means injury, death, or loss to person or
property. (C)
"Tort action" means a civil action for damages for
injury, death, or loss to person or property.
"Tort action"
includes a product liability claim that is subject to sections
2307.71 to 2307.80 of the Revised Code, but does not include a
civil
action for a breach of contract or another agreement
between
persons. (D)(1) Subject to division (D)(2) of this section,
"volunteer" means a trustee, officer, or agent of a poison
prevention and treatment center, or another person associated
with
such a center, who
satisfies both of
the following: (a) Performs services for or on behalf of, and under the
authority or auspices of, the center; (b) Does not receive compensation, either directly or
indirectly, for performing those services. (2) For purposes of division (D)(1) of this section,
"compensation" does not include any of the following: (a) Actual and necessary expenses that are incurred by a
volunteer in connection with the services performed for a center,
and that are reimbursed to the
volunteer or otherwise paid; (b) Insurance premiums paid on behalf of a volunteer, and
amounts paid or reimbursed, pursuant to division (E) of section
1702.12 of the Revised Code;
Sec. 3701.201. (A) As used in this section, "bioterrorism" has the same meaning as in section 3701.232 of the Revised Code.
(B) The public health council shall adopt rules in accordance with Chapter 119. of the Revised Code under which a poison prevention and treatment center or other health-related entity is required to report events that may be caused by bioterrorism, epidemic or pandemic disease, or established or novel infectious agents or biological or chemical toxins posing a risk of human fatality or disability. Rules adopted under this section may require a report of any of the following: (1) An unexpected pattern or increase in the number of telephone inquiries or requests to provide information about poison prevention and treatment and available services;
(2) An unexpected pattern or increase in the number of requests to provide specialized treatment, consultation, information, and educational programs to health care professionals and the public;
(3) An unexpected pattern or increase in the number of requests for information on established or novel infectious agents or biological or chemical toxins posing a risk of human fatality or disability that is relatively uncommon and may have been caused by bioterrorism.
(C) Each poison prevention and treatment center and other health-related entity shall comply with any reporting requirement established in rules adopted under division (B) of this section.
(D) Information reported under this section that is protected health information pursuant to section 3701.17 of the Revised Code shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form.
Sec. 3701.22. The department of health shall maintain a
chemical and
bacteriological
public health laboratory for the
following: (A) Examination of public water supplies and
the effluent of
sewage purification works; (B) Diagnosis of
diphtheria,
typhoid fever, hydrophobia,
glanders, and such other
screening for, or confirmation of
diseases
or pathogens as it deems
necessary; (C)
Performance of biological, chemical, or radiological
analyses or examinations as it deems necessary; (D) Analysis of patient specimens and food samples necessary
for
investigation of foodborne illnesses. In foodborne illness
investigations,
the laboratory shall cooperate and consult with
the director of agriculture
acting pursuant to section 3715.02 of
the Revised Code.
Sec. 3701.23 3701.221. (A) The director of health shall have
charge
of the public health laboratory authorized by maintained pursuant to 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 determines. All expenses
of such the laboratory shall be
paid from appropriations made for the
department of health. (B) 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.
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.
Sec. 3701.23. (A) As used in this section, "health care
provider" means any person or government entity that provides
health
care services to individuals. "Health care provider"
includes, but is not limited to,
hospitals, medical clinics
and
offices, special care facilities,
medical laboratories,
physicians, pharmacists, dentists, physician
assistants,
registered and licensed practical nurses, laboratory
technicians,
emergency medical service organization personnel, and
ambulance
service organization personnel. (B) Boards of health, health authorities or officials,
health care providers in localities in which there are no health
authorities or officials, and coroners or medical examiners shall
report promptly
to the department of health the existence of any
of the following:
(4) Typhus or typhoid fever;
(5) As specified by the public health council, other
contagious or infectious diseases, illnesses, health conditions,
or unusual infectious agents or biological toxins posing
a risk of
human fatality or disability. (C) No person shall fail to comply with the reporting
requirements established under division (B) of this section.
(D)
The reports required by this section shall be submitted
on forms, as required by statute or rule, and in the manner the director of health prescribes. (E) Information reported under this section that is
protected health information pursuant to section 3701.17 of the
Revised Code shall be released only in accordance with that
section. Information that does not identify an individual may be
released in summary, statistical, or aggregate form.
Sec. 3701.231. If a medical laboratory outside this state performs a test or other diagnostic or investigative
analysis that
results in information pertaining to a resident
of this state
that must be reported under section 3701.23 or
3707.06 of the Revised Code, the
entity using the
laboratory shall
ensure that the laboratory
complies
with
reporting and confidentiality
requirements and shall verify
to the director of health
that
the
laboratory complies with reporting and confidentiality requirements.
The
director shall establish procedures by which an entity may
verify the laboratory's
compliance.
Sec. 3701.232. (A) As used in this section:
(1) "Bioterrorism" means the intentional use of any microorganism,
virus, infectious substance, or biological product that may be
engineered as a result of biotechnology, or any naturally
occurring or bioengineered component of a microorganism, virus,
infectious substance, or biological product, to cause death,
disease, or other biological malfunction in a human, animal,
plant, or other living organism as a means of influencing the
conduct of government or intimidating or coercing a population.
(2) "Pharmacist" means an individual licensed under Chapter
4729. of the Revised Code to engage in the practice of pharmacy as
a pharmacist.
(3) "Pharmacy" and "prescription" have the same meanings as
in section 4729.01 of the Revised Code.
(B) The public health council shall adopt rules in accordance
with Chapter 119. of the Revised Code under which a pharmacy or
pharmacist is required to report significant changes in medication usage that
may be caused by bioterrorism, epidemic or pandemic
disease, or
established or novel infectious agents or biological
toxins posing
a risk of human fatality or disability. Rules
adopted
under this section may require a
report of any of the following:
(1) An unexpected increase in the number of prescriptions
for antibiotics;
(2) An unexpected increase in the number of prescriptions
for medication
to treat fever or respiratory or gastrointestinal
complaints; (3) An unexpected increase in sales of, or the number of
requests for
information on, over-the-counter medication to treat
fever or
respiratory
or gastrointestinal complaints;
(4) Any prescription for medication used to treat a disease
that is relatively uncommon and may have been caused by
bioterrorism. (C) No person shall fail to comply with any reporting
requirement established in rules adopted under division (B) of
this section.
(D)
Information reported under this section that is
protected health information pursuant to section 3701.17 of the
Revised Code shall be released only in accordance with that
section. Information that does not identify an individual may be
released in summary, statistical, or aggregate form.
Sec. 3701.24. (A) As used in this section and sections
3701.241 to 3701.249 of the Revised Code: (1) "AIDS" means the illness designated as acquired
immunodeficiency syndrome. (2) "HIV" means the human immunodeficiency virus
identified
as the causative agent of AIDS. (3) "AIDS-related condition" means symptoms of illness
related to HIV infection, including AIDS-related complex,
that
are
confirmed by a positive HIV test. (4) "HIV test" means any test for the antibody or antigen
to
HIV that has been approved by the director of health under
division (B) of section 3701.241 of the Revised Code. (5) "Health care facility" has the same meaning as in
section 1751.01 of the Revised Code. (6) "Director" means the director of health or any
employee
of the department of health acting on the
director's behalf. (7) "Physician" means a person who holds a current, valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the practice of medicine or surgery and osteopathic
medicine and surgery. (8) "Nurse" means a registered nurse or licensed practical
nurse who holds a license or certificate issued under Chapter
4723. of the Revised Code. (9) "Anonymous test" means an HIV test administered so
that
the individual to be tested can give informed consent to the
test
and receive the results by means of a code system that does
not
link the identity of the individual tested to the
request for the
test or the test results. (10) "Confidential test" means an HIV test administered so
that the identity of the individual tested is linked to the test
but is held in confidence to the extent provided by section sections
3701.24 to 3701.248 of the Revised Code. (11) "Health care provider" means an individual who
provides
diagnostic, evaluative, or treatment services. Pursuant
to
Chapter 119. of the Revised Code, the public health council
may
adopt rules further defining the scope of the term "health
care
provider." (12) "Significant exposure to body fluids" means a
percutaneous or mucous membrane exposure of an individual to the
blood, semen, vaginal secretions, or spinal, synovial, pleural,
peritoneal, pericardial, or amniotic fluid of another individual. (13) "Emergency medical services worker" means all of the
following: (b) An employee of an emergency medical service
organization
as defined in section 4765.01 of the Revised Code; (c) A firefighter employed by a political subdivision; (d) A volunteer firefighter, emergency operator, or rescue
operator; (e) An employee of a private organization that renders
rescue services, emergency medical services, or emergency medical
transportation to accident victims and persons suffering serious
illness or injury. (14) "Peace officer" has the same meaning as in division
(A)
of section 109.71 of the Revised Code, except that it also
includes a sheriff and the superintendent and troopers of the
state highway patrol. (B)
Boards of health, health authorities or officials, and
physicians in localities in which there are no health authorities
or officials, shall report promptly to the department of health
the existence of any one of the following diseases: (4) Typhus or typhoid fever;
(5) Any other contagious or infectious diseases that the
public health council specifies.
(C) Persons designated by rule adopted by the public
health
council under section 3701.241 of the Revised Code shall
report
promptly every case of AIDS, every AIDS-related
condition,
and
every confirmed positive HIV test to the department of health
on
forms and in a manner prescribed by the director. In each
county
the director shall designate the health commissioner of a
health
district in the county to receive the reports.
(C) No person shall fail to comply with the reporting
requirements established under division (B) of this section.
(D) Information reported under this division section that identifies
an
individual is confidential and may be released only with the
written consent of the individual except as the director
determines necessary to ensure the accuracy of the information,
as
necessary to provide treatment to the individual, as ordered
by a
court pursuant to section 3701.243 or 3701.247 of the
Revised
Code, or pursuant to a search warrant or a subpoena
issued by or
at the request of a grand jury, prosecuting
attorney, city
director of law or similar chief legal officer of
a municipal
corporation, or village solicitor, in connection with
a criminal
investigation or prosecution. Information that does
not identify
an individual may be released in summary,
statistical, or
other
aggregate
form.
Sec. 3701.241. (A) The director of health shall develop
and
administer the following: (1) A surveillance system to determine the number of cases
of AIDS and the HIV infection rate in various population
groups; (2) Counseling and testing programs for groups determined
by
the director to be at risk of HIV infection, including
procedures
for both confidential and anonymous tests, counseling
training
programs for health care providers, and development of
counseling
guidelines; (3) A confidential partner notification system to alert
and
counsel sexual contacts of individuals with HIV infection; (4) Risk reduction and education programs for groups
determined by the director to be at risk of HIV infection, and,
in
consultation with a wide range of community leaders, education
programs for the public; (5) Pilot programs for the long-term care of individuals
with AIDS or AIDS-related condition, including care in
nursing
homes and in alternative settings; (6) Programs to expand regional outpatient treatment of
individuals with AIDS or AIDS-related condition; (7) A program to assist communities, including communities
of less than one hundred thousand population, in establishing
AIDS
task forces and support groups for individuals with
AIDS,
AIDS-related condition, and HIV infection. The program may
include
the award of grants if they are matched by local funds. Information obtained or maintained under the partner
notification system is not a public record under section 149.43
of
the Revised Code and may be released only in accordance with
division
(C) of section 3701.243 of the Revised Code. (1) Approve a test or tests to be used to determine
whether
an individual has HIV infection, define a confirmed
positive test
result, and develop guidelines for interpreting
test results; (2) Establish sites for confidential and anonymous HIV
tests, and prepare a list of sites where an individual may obtain
an anonymous test; (3) Prepare a list of counseling services; (4) Make available a copy of the list of anonymous testing
sites or a copy of the list of counseling services to anyone who
requests it. (C) The director of health shall require the director or
administrator of each site where anonymous or confidential HIV
tests are given to submit a report every three months evaluating
from an epidemiologic perspective the effectiveness of the HIV
testing program at that site. Not later than January 31, 1991,
and each year thereafter, the director of health shall make a
report evaluating the anonymous and confidential testing programs
throughout the state with regard to their effectiveness as
epidemiologic programs. The report shall be submitted to the
speaker of the house of representatives and the president of the
senate and shall be made available to the public. The public health council shall adopt rules pursuant to
Chapter 119. of the Revised Code for the implementation of the
requirements of division (B)(1) of this section and division
(C)(D)
of section 3701.24 of the Revised Code. (D) The director of health shall administer funds received
under Title XXVI of the "Public Health Services Act," 104 Stat.
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve
the quality and availability of care for individuals with AIDS,
AIDS-related condition, and HIV infection. In administering
these
funds, the director may enter into contracts with any person or
entity for the purpose of administering the programs, including
contracts with the department of job and family services for
establishment
of a program of reimbursement of drugs used for
treatment and
care of such individuals. The director of health
may adopt rules
in accordance with Chapter 119. of the Revised
Code and issue
orders as necessary for administration of the
funds. If the
department of job and family services enters into a
contract under this
division, the director of job and family
services may adopt rules in
accordance with Chapter 119. of the
Revised Code as necessary for
carrying out the department's duties
under the contract.
Sec. 3701.25. (A) Every physician attending on or called in
to
visit a patient whom
he
the physician believes to be suffering
from poisoning
from lead, cadmium, phosphorus, arsenic, brass,
wood alcohol, mercury, or
their compounds, or from anthrax or from
compressed air illness
and such other occupational diseases and
ailments as the
department of health shall require to be reported,
shall within
forty-eight hours from the time of first attending
such patient
send to the director of health a report stating: (A)(1) Name, address, and occupation of patient;
(B)(2) Name, address, and business of employer;
(C)(3) Nature of disease;
(D)(4) Such other information as may be reasonably required
by
the department.
(B) No person shall fail to comply with the reporting
requirements established under division (A) of this section.
(C) The reports required by this section shall be made on,
or
in
conformity with, the standard schedule blanks provided for
in
section 3701.26 of the Revised Code. The mailing of the
report,
within the time required, in a stamped envelope addressed
to the
office of the director, shall be in compliance with this
section. (D) Such reports shall not be evidence of the facts therein
stated in any action arising out of the disease therein reported.
(E) Information reported under this section that is protected
health information pursuant to section 3701.17 of the Revised
Code shall be released only in accordance with that section. Information
that does not identify an individual may be released in summary,
statistical, or aggregate form.
Sec. 3701.34. (A) The public health council shall: (A)(1) Adopt, and may amend or rescind,
sanitary rules to be
of
general application throughout the state. The sanitary rules
shall be known as the sanitary code.
(B) Take evidence in appeals from the decision of the
director of health in a matter relative to the approval or
disapproval of plans, locations, estimates of cost, or other
matters coming before the director for official action. In the
hearing of such appeals the director may be represented in person
or by the attorney general.
(2) Conduct hearings in cases where the law requires that
the department shall give such hearings and reach decisions on
the
evidence presented, which shall govern subsequent actions of
the
director with reference thereto; (D)(3) Prescribe, by rule, the number and functions of
divisions and bureaus and the qualifications of chiefs or
divisions and bureaus within the department;
(E)(4) Enact and amend bylaws in relation to its meetings
and
the transaction of its business;
(F)(5) Consider any matter relating to the preservation and
improvement of the public health and advise the director thereon
with such recommendations as it considers wise.
(B) The council shall neither have nor exercise executive or
administrative duties.
Sec. 3701.35. Every
regulation, adopted by rule the public
health council, adopts shall
state the date on which it takes effect, and
a copy thereof, signed by the
secretary of the council, shall be
filed in the office of the secretary of
state, and a copy thereof
shall be sent by the director of health to each
board of health of
a general or a city health district, health officer, or
person
performing the duties of health officer, within the state, and
shall be
published in such manner as the council may determine.
Every provision of the
sanitary code
council's rules shall apply
to and be effective in all portions of the state.
Sec. 3701.352. No person shall violate any rule
of the
public health council
of the, director of health,
or department of health
adopted under
section 3701.34 of the
Revised Code
adopts or any order of the director
or department
of health
issued issues under
Chapter 3701. of
the
Revised Code this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event.
Sec. 3701.501. (A)(1) Except as provided in division (A)(2) of this
section,
all newborn children
shall be screened for the presence
of
the
genetic, endocrine,
and metabolic
disorders
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
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 public health laboratory authorized maintained under section
3701.22 of the Revised Code. (2) If the director determines that the public health 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 public health 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 public health 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.
Sec. 3701.56. Boards of health of a general or city health
district, health
authorities and officials, officers of state
institutions, police officers,
sheriffs, constables, and other
officers and employees of the state or any
county, city, or
township, shall enforce the quarantine and
sanitary
isolation orders, and
the
rules
and
regulations
adopted by
the
department of health adopts.
Sec. 3701.57. All prosecutions and proceedings by the
department of health for the violation of sections 3701.01 to
3701.56, 3705.01 to 3705.29,
3707.06, 3709.01 to
3709.04, 3709.07
to
3709.11, 3709.13, 3709.17, 3709.18, and
3709.21 to 3709.36 of
the
Revised Code, or for the violation of
any of the orders or
rules
of the department, shall be instituted
by the director of
health.
All
Except as provided in division (C) of section 3701.571
of the Revised Code, all fines or judgments collected by
the
department collects shall be
paid into the state treasury to the
credit of
the general revenue
fund. The director of health, the board of health of a general or
city health district, or any person charged with enforcing the
rules of the department of health as provided in section 3701.56
of the Revised Code may petition the court of common pleas for
injunctive or other appropriate relief requiring any person
violating a rule adopted by the public health council under
section 3701.34 of the Revised Code or any order issued by the
director of health under this chapter to comply with such rule or
order. The court of common pleas of the county in which the
offense is alleged to be occurring may grant such injunctive or
other appropriate relief as the equities of the case require.
Sec. 3701.571. (A) The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code that establish a graduated system of fines based on the scope and severity of violations and the history of compliance, not to exceed seven hundred fifty dollars per incident, and in an
adjudication under Chapter 119. of the Revised Code, may impose a
fine against any person who violates division (C) of section
3701.23, division (C) of section 3701.232, division (C) of section
3701.24, division (B) of section 3701.25, or division (B) of
section 3707.06 of the Revised Code or against any poison prevention and treatment center or other health-related entity that fails to comply with division (C) of section 3701.201 of the Revised Code.
(B) On request of the director, the attorney general shall
bring and prosecute to judgment a civil action to collect any fine
imposed under division (A) of this section that remains unpaid.
(C) All fines collected under this section shall be
deposited into the state treasury to the credit of the general
operations fund created under section 3701.83 of the Revised Code.
Sec. 3701.99. (A) Whoever violates
division (C) of section
3701.23, division (C) of
section 3701.232, division (C) of section
3701.24, division (B) of
section
3701.25
of the
Revised Code is
guilty of a minor
misdemeanor on a
first offense;
on each
subsequent offense, the
person is guilty of
a misdemeanor
of the
second
degree. (B) Whoever violates, division (I) of section 3701.262,
division (D) of section 3701.263, or
section 3701.352 or sections
3701.46 to 3701.55 of the Revised Code is guilty of a minor
misdemeanor on a first offense; on each subsequent offense, the
person is guilty of a misdemeanor of the fourth degree.
(C)(B) Whoever violates section 3701.82 of the Revised Code
is
guilty of a misdemeanor of the first degree.
(D)(C) Whoever violates
division (A) of section 3701.352 or
section
3701.81 of the Revised Code
is guilty of a
misdemeanor of
the second degree.
(E) Whoever violates division (G) of section 3701.88 of
the
Revised Code shall be fined not more than one hundred
dollars.
Each day the violation continues is a separate offense.
Sec. 3707.06. (A) Each physician or other person called to
attend a person
suffering from cholera, plague, yellow fever,
typhus fever, diphtheria,
typhoid fever, or any other disease
dangerous to the public health, or
required by the department of
health to be reported, shall report to the
health commissioner
within whose jurisdiction the sick person is found the
name, age,
sex, and color of the patient, and the house and place in which
the
sick person may be found. In like manner, the owner or agent
of the owner of
a building in which a person resides who has any
of the listed diseases, or in
which are the remains of a person
having died of any of the listed diseases, and the head of the
family,
immediately after becoming aware of the fact, shall give
notice thereof to the
health commissioner. (B) No person shall fail to comply with the reporting
requirements of division (A) of this section. (C) Information reported under this section that is
protected health information pursuant to section 3701.17 of the
Revised Code shall be released only in accordance with that
section. Information that does not identify an individual may be
released in summary, statistical, or aggregate form.
Sec. 3707.34. (A) The health commissioner appointed by a board of health
of a general or city health district may act on behalf of the
board in administering the provision of sections
3707.04 to 3707.32 of the Revised Code regarding quarantine and
isolation if the commissioner acts pursuant to a policy the board adopts as described in division (B) of this section and either of the following applies:
(1) Circumstances render a meeting of the board impractical or impossible.
(2) Delaying action until a meeting of the board compromises the public health.
(B) Each board of health shall adopt a policy, subject to the approval of the district advisory council or city council for city health districts not governed by an advisory council, specifying
the actions that a health commissioner may take pursuant to
this section. Any action a health commissioner takes
in accordance with the board's policy is deemed an action
taken by the board unless the board votes to nullify the commissioner's action.
Sec. 3707.33
3707.38. The board of health of a city or
general health district may
appoint, define the duties of, and fix
the compensation of the number of
inspectors of shops, wagons,
appliances, and food, and the
number of other persons necessary to
carry out
this chapter and Chapter 3717. of the Revised Code and,
if applicable, to carry out any duties assumed by the board
under
an agreement entered into under division (B) of section
917.02 of
the
Revised Code. Inspectors for those purposes may enter
any
house, vehicle, or yard. The board may authorize the health
commissioner
to perform the duties of the inspectors.
Sec. 3715.02. (A) The director of agriculture shall adopt
rules in accordance with Chapter 119. of the Revised
Code that establish, when
otherwise not established by a
law of this state, definitions for a food or class of food
and standards for the following items as they
pertain to the food or class of food: (1) Quality, identity, purity, grade, and
strength; (2) Packaging and labeling; (3) Food processing equipment; (4) Processing procedures; The standards and definitions, where applicable, shall
conform to the standards for foods adopted by the United States department of
agriculture and
the United States food and drug administration. Portions of
Titles 7, 9, and 21 of the Code of Federal
Regulations or the
regulations adopted for the enforcement of the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301 et
seq., as amended, may be adopted as rules by referencing the federal
regulations, subject to the approval of the joint committee on agency rule
review. In adopting rules that establish
definitions and standards of identity for a food or class of
food in which only a limited number of optional ingredients are
permitted, the director shall designate the optional ingredients
that must be listed on the label. (B) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish procedures for the performance
of
sample analyses of food, food additives, and food packaging materials. The
circumstances under which a sample analysis may be required include the
following: (1) When a food, food additive, or food packaging material is the subject
of a consumer complaint; (2) When requested by a consumer after a physician has isolated an
organism from the consumer as the physician's patient; (3) When a food, food additive, or food packaging material is suspected of
having caused an illness; (4) When a food, food additive, or food packaging material is suspected of
being adulterated or misbranded; (5) When a food, food additive, or food packaging material is subject to
verification of food labeling and standards of identity; (6) At any other time the director considers a sample analysis necessary. (C) In foodborne illness investigations, the director of
agriculture shall cooperate and consult with the public health laboratory maintained by the
department of health under section 3701.22 of the Revised Code. (D) The director or the director's designee shall
do all of the
following: (1) Inspect drugs, food, or drink manufactured,
stored, or offered for sale in this
state; (2) Prosecute or cause to be prosecuted each person engaged in the
unlawful manufacture or sale of an
adulterated drug or article of food or drink, in violation of
law; (3) Enforce all laws against fraud, adulteration, or
impurities in drugs, foods, or drinks and
unlawful labeling within this state. (E) The director may appoint or
contract for one or more qualified persons to enforce the
provisions of this chapter.
Sec. 3901.46. As used in this section, "membership
organization" means a fraternal or other association or group of
individuals involved in the same occupation, activity, or
interest
that is organized and maintained in good faith for
purposes other
than to obtain insurance and is not organized or
maintained for
the purpose of engaging in activities for gain or
profit. (A) In underwriting an individual policy of life or
sickness
and accident insurance or a group policy of life or
sickness and
accident insurance providing coverage for members of
a membership
organization, an insurer may require an applicant
for coverage
under the policy to submit to an HIV test only in
conjunction with
tests for other health conditions. No applicant
shall be required
to submit to an HIV test on the basis of
his
the applicant's
sexual orientation or factors described in division
(C)(1) of
section 3901.45 of the Revised Code that are used to ascertain
his
the applicant's sexual orientation. (B)(1) An insurer that requests an applicant to take an HIV
test shall obtain the applicant's written consent for the test
and
shall inform the applicant of the purpose of the test. The
consent form shall include information about the tests to be
performed, the confidentiality of the results, procedures for
notifying the applicant of the results, and a general
interpretation of test results. (2) The superintendent of insurance shall adopt rules
under
Chapter 119. of the Revised Code establishing the form and
content
of the consent required under division (B)(1) of this
section. (C) An insurer may disclose the results of a positive HIV
test only to the following persons: (2) The applicant's or insured's physician or other health
care provider if the applicant or insured provides the insurer
with prior written consent for disclosure; (3) Another person that the applicant or insured
specifically designates in writing; (4) A medical information exchange for insurers operated
under procedures intended to ensure confidentiality, including
the
use of general codes for results of tests for a number of
diseases
and conditions as well as for AIDS or an
AIDS-related condition. (D) The HIV test or tests to be given the applicant shall
be
a test or tests approved by the director of health pursuant to
division (B) of section 3701.241 of the Revised Code. Test
results shall be interpreted strictly in accordance with
guidelines for the use of the tests adopted by the director. (E) The requirements of division
(C)(B) of section 3701.24
and sections 3701.242 and 3701.243 of the Revised Code do not
apply to insurers in the underwriting of an individual policy of
life or sickness and accident insurance or of a group policy of
life or sickness and accident insurance providing coverage for
members of a membership organization, except that an insurer may
make use of the procedures in division (C) of section 3701.243 of
the Revised Code. (F) In underwriting a group policy of life or sickness and
accident insurance, no insurer shall require an individual
seeking
coverage, other than an individual seeking coverage under
the
policy of a membership organization, to submit to an HIV
test. (G) A violation of this section is an unfair insurance
practice under sections 3901.19 to 3901.26 of the Revised Code.
Sec. 4736.01. As used in this chapter: (A) "Environmental health science" means the aspect of
public health science that includes, but is not limited to, the
following bodies of knowledge: air quality, food quality and
protection, hazardous and toxic substances, consumer product
safety, housing, institutional health and safety, community noise
control, radiation protection, recreational facilities, solid and
liquid waste management, vector control, drinking water quality,
milk sanitation, and rabies control. (B) "Sanitarian" means a person who performs for
compensation educational, investigational, technical, or
administrative duties requiring specialized knowledge and skills
in the field of environmental health science. (C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with Chapter 4736. of
the Revised
Code. (D) "Sanitarian-in-training" means a person who is
registered as a sanitarian-in-training in accordance with Chapter
4736. of the Revised Code. (E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
Ohio environmental protection agency, the department of
health, or
the department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following: (1) Chapter 911., 913., 917., 3717., 3721., or
3733. of the
Revised Code; (2) Chapter 3734. of the Revised Code as it pertains to
solid waste; (3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.33
3707.38 to 3707.99, or section 3715.21
of the Revised
Code; (4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools. "Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian. The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Section 2. That existing sections 149.43, 339.89, 3701.03, 3701.04,
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17, 3701.19,
3701.22, 3701.23,
3701.24, 3701.241, 3701.25, 3701.34, 3701.35,
3701.352, 3701.501, 3701.56,
3701.57, 3701.99, 3707.06, 3707.33, 3715.02,
3901.46,
and 4736.01 of the
Revised Code are hereby
repealed.
Section 3. That the version of section 149.43 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows: Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT other than statements required
to
include the
disclosure of that fact
under the campaign
finance
law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter or EMT and, if the
peace officer's,
firefighter's or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Section 4. That the existing version of section 149.43 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 5. Sections 3 and 4 of this act take effect January 1, 2004.
Section 6. That Section 56.01 of Am. Sub. H.B. 94 of the 124th General Assembly, as most recently amended by Am. Sub. H.B. 524 of the 124th General Assembly, be amended to read as follows: Sec. 56.01. HEMOPHILIA SERVICES Of the foregoing appropriation item 440-406, Hemophilia
Services,
$205,000 in each fiscal year shall be used to implement
the
Hemophilia Insurance Pilot Project. Of the foregoing appropriation item 440-406, Hemophilia
Services,
up to $245,000 in each fiscal year
shall
be used by the
Department of Health to provide grants
to the
nine hemophilia
treatment centers to provide prevention
services for
persons with
hemophilia and their family members
affected by AIDS
and other
bloodborne pathogens. Of the foregoing appropriation item 440-412, Cancer Incidence
Surveillance
System, $50,000 in each fiscal year shall be provided
to the Northern Ohio
Cancer Resource Center. The remaining moneys in appropriation item 440-412, Cancer
Incidence
Surveillance System, shall be used to maintain and
operate the Ohio Cancer
Incidence Surveillance System pursuant to
sections 3701.261 to 3701.263 of the
Revised Code. Not later than March 1, 2002, the Ohio Cancer Incidence
Surveillance Advisory Board shall report to the General Assembly
on the effectiveness of the cancer incidence surveillance
system
and the partnership between the Department of Health and
the
Arthur G. James Cancer Hospital and Richard J. Solove Research
Institute of The Ohio State University. CHILD AND FAMILY HEALTH SERVICES Of the foregoing appropriation item 440-416, Child and
Family
Health Services, $1,700,000 in each fiscal year shall be
used for
family planning services. None of the funds received through
these family
planning grants shall be used
to provide abortion
services. None of the funds received through these family
planning grants shall be used for counseling for or referrals for
abortion, except
in the case of a medical emergency. These funds
shall be
distributed on
the basis of the relative need in the
community
served by the
Director of Health to family planning
programs,
which shall include family
planning programs funded
under Title V
of
the
"Social Security Act," 49 Stat. 620 (1935),
42
U.S.C.A.
301, as amended, and Title X of the
"Public Health
Services Act,"
58 Stat. 682 (1946), 42 U.S.C.A. 201, as
amended,
as well as to
other family planning programs that the Department
of
Health also
determines will provide services that are
physically and financially separate from abortion-providing and
abortion-promoting activities, and that do not include counseling
for or
referrals for
abortion, other than in the case of medical
emergency, with state
moneys, but that otherwise substantially
comply with the
quality
standards for such programs under Title V
and Title X. The Director of Health, by rule, shall provide reasonable
methods by
which a grantee wishing to be eligible for federal
funding may comply with
these requirements for state funding
without losing its eligibility for
federal funding, while ensuring
that a family
planning program receiving a family planning grant
must be organized so that
it is physically and financially
separate from the provision of abortion
services and from
activities promoting abortion as a method of family
planning. Of the foregoing appropriation item 440-416, Child and
Family
Health Services, $150,000 in each fiscal year shall be
used to
provide malpractice insurance for physicians and other health
professionals providing prenatal services in programs funded by
the Department of Health.
Of the foregoing appropriation item 440-416, Child and Family
Health
Services,
$279,000 shall be used in each fiscal year for
the OPTIONS dental
care access program. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $600,000 in each fiscal year shall be used by
local child and family health services clinics to provide services
to uninsured low-income persons. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $900,000 in each fiscal year shall be used by
federally qualified health centers and federally designated
look-alikes to provide services to uninsured low-income persons. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in each fiscal year shall be used for the
Tree of Knowledge Learning Center in Cleveland Heights. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $25,000 in fiscal year 2002 shall be provided to
the Suicide Prevention Program of Clermont County. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in fiscal year 2002 shall be provided to
the Discover Health Project. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $75,000 in fiscal year 2002 shall be provided to
the Mayerson Center. Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in fiscal year 2002 shall be provided to
the Central Clinic at the University of Cincinnati. Of the foregoing appropriation item 440-418, Immunizations,
$125,000 per
fiscal year shall be used to provide vaccinations for
Hepatitis B to all qualified underinsured
students in the seventh
grade who have not been
previously immunized.
Of the foregoing appropriation item 440-418, Immunizations,
up to $25,000 in each fiscal year shall be used to provide
vaccinations for pneumococcal disease for children between the
ages of two and five. SEXUAL ASSAULT PREVENTION AND INTERVENTION The foregoing appropriation item 440-419, Sexual Assault
Prevention and Intervention, shall be used for the following
purposes: (A) Funding of new services in counties with no services for
sexual assault;
(B) Expansion of services provided in currently funded
projects so that comprehensive crisis intervention and prevention
services are offered; (C) Start-up funding for Sexual Assault Nurse Examiner (SANE)
projects; (D) Statewide expansion of local outreach and public
awareness efforts.
HIV/AIDS PREVENTION/TREATMENT Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million
in
fiscal year
2003 shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications. The HIV Drug Assistance Program is pursuant to section
3701.241 of
the Revised
Code and Title XXVI of the
"Public Health
Services
Act," 104
Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.
The
Department of
Health may adopt rules pursuant to
Chapter 119.
of the Revised Code as necessary for the
administration of the
program. INFECTIOUS DISEASE PREVENTION Notwithstanding section 339.77 of the Revised Code, $60,000
of the foregoing appropriation
item 440-446, Infectious Disease
Prevention, shall
be used by the Director of
Health to reimburse
Boards of County
Commissioners for the cost of detaining indigent
persons with
tuberculosis. Any portion of the $60,000 allocated
for detainment
not used
for that purpose shall be used to make
payments to
counties pursuant to
section 339.77 of the Revised
Code.
Of the foregoing appropriation item 440-446, Infectious
Disease Prevention,
$335,000 in each fiscal year shall be
used
for
the purchase of drugs for sexually transmitted diseases. The foregoing appropriation item 440-459, Help Me Grow,
shall
be used by the Department of Health to distribute subsidies
to
counties to implement
the Help
Me Grow program.
Appropriation
item 440-459 may be
used in
conjunction with
Temporary Assistance
for Needy Families
from the
Department of Job
and Family Services,
Even Start from
the
Department of Education,
and in conjunction
with other early
childhood funds and services
to promote the
optimal development of
young children. Local
contacts shall be
developed between local
departments of job and
family services and
family and children
first councils for the
administration of TANF
funding for the Help
Me Grow Program. The
Department of Health
shall enter into an
interagency agreement
with the Department of
Education to
coordinate the planning,
design, and grant selection
process for
any new Even Start grants
and to ensure that all new
and existing
programs within Help Me
Grow are school linked. The foregoing appropriation item 440-504, Poison Control
Network, shall be used in each fiscal year by the Department of
Health for grants to the consolidated Ohio
Poison Control Center
to provide poison control services to Ohio
citizens.
The Director of Budget and Management shall transfer by
intrastate transfer voucher,
not
later than the fifteenth day of
July of each fiscal year,
cash from
the General Revenue Fund,
appropriation item 600-410,
TANF State,
to General Services
Fund
5C1 in the Department of
Health, in
an amount of $250,000 in
each
fiscal year for the
purpose of family planning
services for
children or their
families
whose income is at or below 200 per
cent of the official
poverty
guideline. As used in this section,
"poverty guideline" means the
official
poverty guideline as revised annually by the United
States Secretary of Health
and Human Services in accordance with
section 673 of the
"Community
Services Block Grant Act," 95 Stat.
511 (1981), 42 U.S.C.A.
9902, as amended, for a family size equal
to the size of the family of the
person whose income is being
determined. MATERNAL CHILD HEALTH BLOCK GRANT Of the foregoing appropriation item 440-601, Maternal Child
Health Block Grant
(Fund 320), $2,091,299 shall be used in each
fiscal year for the purposes of
abstinence-only education. The
Director of Health shall develop guidelines
for the establishment
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines
shall be
pursuant to Title V of the
"Social Security Act," 42
U.S.C.A. 510, and shall include, but are not limited to,
advertising
campaigns and direct training in schools and other
locations. A portion of the foregoing appropriation item 440-601,
Maternal
Child Health Block Grant (Fund 320), may be used to
ensure that
current information on sudden infant death syndrome is
available for
distribution by local health districts. Of the foregoing appropriation item 440-611, Title XX
Transfer (Fund 3W5),
$500,000
in each fiscal year, to the extent
funds are available based on deposits made pursuant to Section
63.09 of
Am. Sub. H.B. 94 of the 124th General Assembly,
shall be
used
for the purposes of
abstinence-only education. The
Director
of
Health shall develop
guidelines
for the establishment
of
abstinence programs for
teenagers with the purpose
of
decreasing
unplanned pregnancies and
abortion. The guidelines
shall be
developed pursuant to Title V of
the "Social Security
Act," 42
U.S.C. 510,
and shall include, but
are not to be limited
to,
advertising campaigns and
direct
training in schools and other
locations. The foregoing appropriation item 440-608, Genetics Services
(Fund
4D6), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency. The foregoing appropriation item 440-610, Sickle Cell Disease
Control (Fund 4F9), shall be used by the Department of Health
to
administer programs authorized by section 3701.131 of the Revised
Code. The source of the funds is as specified in section 3701.23 3701.221
of the Revised Code.
SAFETY AND QUALITY OF CARE STANDARDS
The Department of Health may use Fund 471, Certificate of
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of
the Revised Code in each fiscal year. MEDICALLY HANDICAPPED CHILDREN AUDIT The Medically Handicapped Children Audit Fund (Fund 477)
shall receive revenue from audits of hospitals and recoveries
from
third-party payors. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payors and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis. Moneys may also be expended
for administrative expenses incurred in operating the Medically
Handicapped Children's Program. CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 043) to the
Alcohol Testing and
Permit Fund (Fund 5C0) to meet the operating
needs of the Alcohol
Testing and Permit program. The Director of Budget and Management shall transfer to the
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control
Fund (Fund 043) established in section 4301.12 of the Revised Code
such amounts at such times as determined by the transfer schedule. MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS The foregoing appropriation item 440-607, Medically
Handicapped Children - County Assessments (Fund 666), shall be
used to make
payments pursuant to division (E) of section 3701.023
of the
Revised Code.
Section 7. That existing Section 56.01 of Am. Sub. H.B. 94 of the 124th General Assembly, as most recently amended by Am. Sub. H.B. 524 of the 124th General Assembly, is hereby repealed.
Section 8. Section 149.43 of the Revised Code is presented in
Section 1 of this act as a composite of the section as amended by both Am. Sub. S.B. 180 and Sub. S.B. 258 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act. Section 9. Section 149.43 of the Revised Code is presented in Section 3 of
this act as a composite of the section as amended by Am. Sub. H.B. 490, Am. Sub. S.B. 180, and Sub. S.B. 258 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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