The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 126 As Reported by the House Health CommitteeAs Reported by the House Health Committee
126th General Assembly | Regular Session | 2005-2006 |
| |
Senators Wachtmann, Stivers
A BILL
To amend sections 133.07, 140.03, 140.05, 325.19, 339.01,
339.02, 339.03,
339.06, 339.09, 339.091, 339.14, 339.16, 339.17, 1347.12, 1349.19, 4723.01, and 4723.32 and to
repeal section 339.092 of the
Revised Code to
modify the laws governing county hospitals and licensed practical nurse duties and to exempt a state agency or agency of a political subdivision from the requirement that it disclose or give notice of unauthorized access to personal information if the agency is a covered entity under the Health Insurance Portability and Accountability Act of 1996.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.07, 140.03, 140.05, 325.19, 339.01,
339.02, 339.03,
339.06, 339.09, 339.091, 339.14, 339.16, 339.17, 1347.12, 1349.19, 4723.01, and 4723.32 of the Revised Code be amended to read as
follows:
Sec. 133.07. (A) A county shall not incur, without a vote
of the electors, either of the following: (1) Net indebtedness for all purposes that exceeds an
amount
equal to one per cent of its tax valuation; (2) Net indebtedness for the purpose of paying the
county's
share of the cost of the construction, improvement,
maintenance,
or repair of state highways that exceeds an amount
equal to
one-half of one per cent of its tax valuation. (B) A county shall not incur total net indebtedness that
exceeds an amount equal to one of the following limitations
that
applies to the county: (1) A county with a valuation not exceeding one hundred
million dollars, three per cent of that tax valuation; (2) A county with a tax valuation exceeding one hundred
million dollars but not exceeding three hundred million dollars,
three million dollars plus one and one-half per cent of that tax
valuation in excess of one hundred million dollars; (3) A county with a tax valuation exceeding three hundred
million dollars, six million dollars plus two and one-half per
cent of that tax valuation in excess of three hundred million
dollars. (C) In calculating the net indebtedness of a county, none
of
the following securities shall be considered: (1) Securities described in section 307.201 of the Revised
Code; (2) Self-supporting securities issued for any purposes,
including, but not limited to, any of the following general
purposes: (a) Water systems or facilities; (b) Sanitary sewerage systems or facilities, or surface
and
storm water drainage and sewerage systems or facilities, or a
combination of those systems or facilities; (c) County or joint county scrap tire collection, storage,
monocell, monofill, or recovery facilities, or any combination of
those facilities; (d) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and
on-street parking facilities; (e) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing that care or
treatment and their families; (f) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities; (g) Facilities for natural resources exploration,
development, recovery, use, and sale; (h) Correctional and detention facilities and related
rehabilitation facilities. (3) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface
and storm water sewerage systems or facilities, or a
combination
of those systems or facilities, to the extent that an
agreement
entered into with another subdivision requires the
other
subdivision to pay to the county amounts equivalent to debt
charges on the securities; (4) Voted general obligation securities issued for the
purpose of permanent improvements for sanitary sewerage or water
systems or facilities to the extent that the total principal
amount of voted securities outstanding for the purpose does not
exceed an amount equal to two per cent of the county's tax
valuation; (5) Securities issued for permanent improvements to house
agencies, departments, boards, or commissions of the county or of
any municipal corporation located, in whole or in part, in the
county, to the extent that the revenues, other than revenues from
unvoted county property taxes, derived from leases or other
agreements between the county and those agencies, departments,
boards, commissions, or municipal corporations relating to the
use
of the permanent improvements are sufficient to cover the
cost of
all operating expenses of the permanent improvements paid
by the
county and debt charges on the securities; (6) Securities issued pursuant to section 133.08 of the
Revised Code; (7) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, for the
purpose of acquiring or making other highway permanent
improvements, or for the purpose of procuring and maintaining
computer systems for the office of the clerk of any
county-operated municipal court, for the office of the clerk of
the court of common pleas, or for the office of the clerk of the
probate, juvenile, or domestic relations division of the court of
common pleas to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from
moneys distributed to the county pursuant to division (B) of
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a
sufficient amount to cover debt charges on and financing costs
relating to the securities as they become due; (8) Securities issued for the purpose of acquiring,
constructing, improving, and equipping a county, multicounty, or
multicounty-municipal jail, workhouse, juvenile detention
facility, or correctional facility; (9) Securities issued for the acquisition, construction,
equipping, or repair of any permanent improvement or any class or
group of permanent improvements enumerated in a resolution
adopted
pursuant to division (D) of section 5739.026 of the
Revised Code
to the extent that the legislation authorizing the
issuance of the
securities includes a covenant to appropriate
from moneys received
from the taxes authorized under section
5739.023 and division
(A)(5) of section 5739.026 of the Revised
Code an amount
sufficient to pay debt charges on the securities
and those moneys
shall be pledged for that purpose; (10) Securities issued for county or joint county solid
waste or hazardous waste collection, transfer, or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities; (11) Securities issued for the acquisition, construction,
and equipping of a port authority educational and cultural
facility under section 307.671 of the Revised Code; (12) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(1) of section 307.672 of the Revised
Code; (13) Securities issued for energy conservation measures
under section 307.041
of the Revised Code; (14) Securities issued for the acquisition, construction,
equipping,
improving, or repair of a sports facility, including
obligations issued to pay
costs of a sports facility under section
307.673 of the Revised Code; (15) Securities issued under section 755.17 of the Revised
Code if the
legislation authorizing issuance of the securities
includes
a covenant to appropriate from revenue received from a
tax authorized under
division (A)(5) of section 5739.026 and
section 5741.023 of the Revised Code
an amount sufficient to pay
debt charges on the securities, and the board of
county
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code; (16) Sales tax supported bonds issued pursuant to section
133.081 of the Revised Code for the purpose of
acquiring,
constructing, improving, or equipping any permanent
improvement to
the extent that the legislation authorizing the
issuance of the
sales tax supported bonds pledges county sales
taxes to the
payment of debt charges on the sales tax supported
bonds and
contains a covenant to appropriate from county sales
taxes a
sufficient amount to cover debt charges or the financing
costs
related to the sales tax supported bonds as they become
due; (17) Bonds or notes issued under section 133.60 of the
Revised Code if the legislation authorizing issuance of the
bonds
or notes includes a covenant to appropriate from revenue received
from a
tax authorized under division (A)(9) of section 5739.026
and section
5741.023 of the Revised Code an amount sufficient to
pay the
debt charges on the bonds or notes, and the board of
county commissioners
pledges that revenue for that purpose; (18) Securities issued under section 3707.55 of the
Revised
Code for the acquisition of real property by a general health
district; (19) Securities issued under division (A)(3) of section
3313.37 of the Revised Code for the acquisition of real and
personal property by an educational service center. (D) In calculating the net indebtedness of a county, no
obligation incurred under division
(D)(F) of section 339.06 of
the
Revised Code shall be considered.
Sec. 140.03. (A) Two or more hospital agencies may enter
into agreements for the acquisition, construction,
reconstruction,
rehabilitation, remodeling, renovating,
enlarging, equipping, and
furnishing of hospital facilities, or
the management, operation,
occupancy, use, maintenance, and
repair of hospital facilities, or
for participation in programs,
projects, activities, and services
useful to, connected with,
supplementing, or otherwise related to
the services provided by,
or the operation of, hospital facilities
operated by one or more
participating hospital agencies, including
any combination of
such purposes, all in such manner as to promote
the public
purpose stated in section 140.02 of the Revised Code.
A
city
health district; general health district; board of alcohol,
drug
addiction, and mental health services; county board of mental
retardation and developmental disabilities; the department of
mental health; the department of mental retardation and
developmental disabilities; or any public body engaged in the
education or training of health professions personnel may join in
any such agreement for purposes related to its authority under
laws applicable to it, and as such a participant shall be
considered a public hospital agency or hospital agency for the
purposes of this section. (B) An agreement entered into under authority of this
section shall, where appropriate, provide for: (1) The manner in which the title to the hospital
facilities, including the sites and interest in real estate
pertaining thereto, is to be held, transferred, or disposed of; (2) Unless provided for by lease pursuant to section
140.05
of the Revised Code, the method by which such hospital
facilities
are to be acquired, constructed, or otherwise improved
and by
which they shall be managed, occupied, maintained, and
repaired,
including the designation of one of the hospital
agencies to have
charge of the details of acquisition,
construction, or improvement
pursuant to the contracting
procedures prescribed under the law
applicable to one of the
participating public hospital agencies; (3) The management or administration of any such programs,
projects, activities, or services, which may include management
or
administration by one of said hospital agencies or a board or
agency thereof; (4) Annual, or more frequent, reports to the participating
hospital agencies as to the revenues and receipts pertaining to
the subject of the agreement, the expenditures thereof, the
status
and application of other funds contributed under such
agreement,
and such other matters as may be specified by or
pursuant to such
agreement; (5) The manner of apportionment or sharing of costs of
hospital facilities, any other applicable costs of management,
operation, maintenance, and repair of hospital facilities, and
costs for the programs, projects, activities, and services
forming
the subject of the agreement, which apportionment or
sharing may
be prescribed in fixed amounts, or determined by
ratios, formulas,
or otherwise, and paid as service charges,
rentals, or in such
other manner as provided in the agreement,
and may include amounts
sufficient to meet the bond service
charges and other payments and
deposits required under the bond
proceedings for obligations
issued to pay costs of hospital
facilities. A hospital agency may
commit itself to make such
payments at least for so long as any
such obligations are
outstanding. In the apportionment, different
classes of costs or
expenses may be apportioned to one or more,
all or less than all,
of the participating hospital agencies as
determined under such
agreement. (C) An agreement entered into under authority of this
section may provide for: (1) An orderly process for making determinations or
advising
as to planning, execution, implementation, and
operation, which
may include designating one of the hospital
agencies, or a board
thereof, for any of such purposes,
provisions for a committee,
board, or commission, and for
representation thereon, or as may
otherwise be provided; (2) Securing necessary personnel, including participation
of
personnel from the respective hospital agencies; (3) Standards or conditions for the admission or
participation of patients and physicians; (4) Conditions for admittance of other hospital agencies
to
participation under the agreement; (5) Fixing or establishing the method of determining
charges
to be made for particular services; (6) The manner of amending, supplementing, terminating, or
withdrawal or removal of any party from, the agreement, and the
term of the agreement, or an indefinite term; (7) Designation of the applicants for or recipients of any
federal, state, or other aid, assistance, or loans available by
reason of any activities conducted under the agreement; (8) Designation of one or more of the participating
hospital
agencies to maintain, prepare, and submit, on behalf of
all
parties to the agreement, any or all records and reports with
regard to the activities conducted under the agreement; (9) Any incidental use of the hospital facilities, or
services thereof, by participating public hospital agencies for
any of their lawful purposes, which incidental use does not
impair
the character of the facilities as hospital facilities for
any
purpose of this chapter; (10) Such other matters as the parties thereto may agree
upon for the purposes of division (A) of this section. (D) For the purpose of paying or contributing its share
under an agreement made under this section, a public hospital
agency may: (1) Expend any moneys from its general fund, and from any
other funds not otherwise restricted by law, but including funds
for permanent improvements of hospital facilities of such public
hospital agency where the contribution is to be made toward the
costs of hospital facilities under the agreement, and including
funds derived from levies for, or receipts available for,
operating expenses of hospital facilities or services of such
public hospital agency where the contribution or payment is to be
made toward operating expenses of the hospital facilities or
services under the agreement or for the services provided
thereby; (2) Issue obligations under Chapter 133. or sections section
140.06,
339.14, 339.15, 513.12, or 3345.12 of the Revised Code,
or Section
3 of Article XVIII, Ohio Constitution, if applicable
to such
public hospital agency, to pay costs of hospital
facilities, or
issue obligations under any other provision of law
authorizing
such public hospital agency to issue obligations for
any costs of
hospital facilities; (3) Levy taxes under Chapter 5705. or section 513.13 or
3709.29 of the Revised Code, if applicable to such public
hospital
agency, provided that the purpose of such levy may
include the
provision of funds for either or both permanent
improvements and
current expenses if required for the
contribution or payment of
such hospital agency under such
agreement, and each such public
hospital agency may issue notes
in anticipation of any such levy,
pursuant to the procedures
provided in section 5705.191 of the
Revised Code if the levy is
solely for current expenses, and in
section 5705.193 of the
Revised Code if the levy is all or in part
for permanent
improvements; (4) Contribute real and personal property or interest
therein without necessity for competitive bidding or public
auction on disposition of such property. (E) Any funds provided by public hospital agencies that
are
parties to an agreement entered into under this section shall
be
transferred to and placed in a separate fund or funds of such
participating public hospital agency as is designated under the
agreement. The funds shall be applied for the purposes provided
in such agreement and are subject to audit. Pursuant to any
determinations to be made under such agreement, the funds shall
be
deposited, invested, and disbursed under the provisions of law
applicable to the public hospital agency in whose custody the
funds are held. This division is subject to the provisions of
any
applicable bond proceedings under section 133.08, 140.06,
339.15,
or 3345.12 of the Revised Code or Section 3 of Article
XVIII, Ohio
Constitution. The records and reports of such public
hospital
agency under Chapter 117. of the Revised Code and
sections 3702.51
to 3702.62 of the Revised
Code, with respect to the funds shall be
sufficient without
necessity for reports thereon by the other
public hospital
agencies participating under such agreement. (F)(1) Prior to its entry into any such agreement, the
public hospital agency must determine, and set forth in a
resolution or ordinance, that the contribution to be made by it
under such agreement will be fair consideration for value and
benefit to be derived by it under such agreement and that the
agreement will promote the public purpose stated in section
140.02
of the Revised Code. (2) If the agreement is with a board of county
commissioners, board of county hospital trustees, or county
hospital commission and is an initial agreement for the
acquisition or operation of a county hospital operated by a board
of county hospital trustees under section 339.06 of the Revised
Code, the governing body of the public hospital agency shall
submit the agreement, accompanied by the resolution or ordinance, to the board of county commissioners for review
pursuant to section 339.091 of the Revised Code.
If The agreement may be entered into only if the board of
county commissioners adopts a resolution under that section, it
shall submit the resolution to the electors of the county
pursuant
to section 339.092 of the Revised Code. The
requirements of
division (F)(2) of this section do not apply to
the agreement if
one or more hospitals classified as general
hospitals by the
public health council under section 3701.07 of
the Revised Code
are operating in the same county as the county
hospital.
Sec. 140.05. (A)(1) A public hospital agency may lease
any
hospital facility to one or more hospital agencies for use as
a
hospital facility, or to one or more city or general health
districts; boards of alcohol, drug addiction, and mental health
services; county boards of mental retardation and developmental
disabilities; the department of mental health; or the department
of mental retardation and developmental disabilities, for uses
which they are authorized to make thereof under the laws
applicable to them, or any combination of them, and they may
lease
such facilities to or from a hospital agency for such uses,
upon
such terms and conditions as are agreed upon by the parties.
Such
lease may be for a term of fifty years or less and may
provide for
an option of the lessee to renew for a term of fifty
years or
less, as therein set forth. Prior to entering into such
lease,
the governing body of any public hospital agency granting
such
lease must determine, and set forth in a resolution or
ordinance,
that such lease will promote the public purpose stated
in section
140.02 of the Revised Code and that the lessor public
hospital
agency will be duly benefited thereby. (2) If the lease is with a board of county commissioners,
board of county hospital trustees, or county hospital commission
and is an agreement for the initial lease of a county hospital operated by a
board of county hospital trustees under section 339.06 of the
Revised Code, the governing body of the public hospital agency
shall submit the agreement, accompanied by the resolution or ordinance, to the board of county commissioners for review
pursuant to section 339.091 of the Revised Code.
If The agreement may be entered into only if the board of
county commissioners adopts a resolution under that section, it
shall submit the resolution to the electors of the county
pursuant
to section 339.092 of the Revised Code. The
requirements of
division (A)(2) of this section do not apply to
the lease if one
or more hospitals classified as general
hospitals by the public
health council under section 3701.07 of
the Revised Code are
operating in the same county as the county
hospital. (B) Any lease entered into pursuant to this section shall
provide that in the event that the lessee fails faithfully and
efficiently to administer, maintain, and operate such leased
facilities as hospital facilities, or fails to provide the
services thereof without regard to race, creed, color, or
national
origin, or fails to require that any hospital agency
using such
facilities or the services thereof shall not
discriminate by
reason of race, creed, color, or national origin,
after an
opportunity to be heard upon written charges, said lease
may be
terminated at the time, in the manner and with
consequences
therein provided. If any such lease does not
contain terms to the
effect provided in this division, it shall
nevertheless be deemed
to contain such terms which shall be
implemented as determined by
the governing body of the lessor. (C) Such lease may provide for rentals commencing at any
time agreed upon, or advance rental, and continuing for such
period therein provided, notwithstanding and without diminution,
rebate, or setoff by reason of time of availability of the
hospital facility for use, delays in construction, failure of
completion, damage or destruction of the hospital facilities, or
for any other reason. (D) Such lease may provide for the sale or transfer of
title
of the leased facilities pursuant to an option to purchase,
lease-purchase, or installment purchase upon terms therein
provided or to be determined as therein provided, which may
include provision for the continued use thereof as a hospital
facility for some reasonable period, taking into account
efficient
useful life and other factors, as is provided therein. (E) Such lease may be entered as part of or in connection
with an agreement pursuant to section 140.03 of the Revised Code.
Any hospital facilities which are the subject of an agreement
entered into under section 140.03 of the Revised Code may be
leased pursuant to this section. (F) If land acquired by a public hospital agency for a
hospital facility is adjacent to an existing hospital facility
owned by another hospital agency, the public hospital agency may,
in connection with such acquisition or the leasing of such land
and hospital facilities thereon to one or more hospital agencies,
enter into an agreement with the hospital agency which owns such
adjacent hospital facility for the use of common walls in the
construction, operation, or maintenance of hospital facilities of
the public hospital agency. For the purpose of construction,
operation, or maintenance of hospital facilities, a public
hospital agency may acquire by purchase, gift, lease, lease with
option to purchase, lease-purchase, or installment purchase,
easement deed, or other agreement, real estate and interests in
real estate, including rights to use space over, under or upon
real property owned by others, and support, access, common wall,
and other rights in connection therewith. Any public hospital
agency or other political subdivision or any public agency,
board,
commission, institution, body, or instrumentality may
grant such
real estate, interests, or rights to any hospital
agency upon such
terms as are agreed upon without necessity for
competitive bidding
or public auction.
Sec. 325.19. (A)(1) The granting of vacation leave under
division (A)(1) of this section is subject to divisions (A)(2)
and
(3) of this section. Each full-time employee in the several
offices and departments of the county service, including
full-time
hourly rate employees, after service of one year with
the county
or any political subdivision of the state, shall have
earned and
will be due upon the attainment of the first year of
employment,
and annually thereafter, eighty hours of vacation
leave with full
pay. One year of service shall be computed on
the basis of
twenty-six biweekly pay periods. A full-time county
employee with
eight or more years of service with the county or
any political
subdivision of the state shall have earned and is
entitled to one
hundred twenty hours of vacation leave with full
pay. A full-time
county employee with fifteen or more years of
service with the
county or any political subdivision of the state
shall have earned
and is entitled to one hundred sixty hours of
vacation leave with
full pay. A full-time county employee with
twenty-five years of
service with the county or any political
subdivision of the state
shall have earned and is entitled to two
hundred hours of vacation
leave with full pay. Such vacation
leave shall accrue to the
employee at the rate of three and
one-tenth hours each biweekly
period for those entitled to eighty
hours per year; four and
six-tenths hours each biweekly period
for those entitled to one
hundred twenty hours per year; six and
two-tenths hours each
biweekly period for those entitled to one
hundred sixty hours per
year; and seven and seven-tenths hours
each biweekly period for
those entitled to two hundred hours per
year. The appointing authorities of the offices and departments of
the county
service may permit all or any part of a person's prior
service with any
regional council of government established in
accordance with Chapter
167. of the Revised Code to be considered
service with the county
or a political subdivision
of the state
for the purpose of determining years of service under this
division. (2) Full-time employees granted vacation leave under
division (A)(1) of this section who render any standard of
service
other than forty hours per week as described in division
(J) of
this section and who are in active pay status in a
biweekly pay
period, shall accrue a number of hours of vacation
leave during
each such pay period that bears the same ratio to
the number of
hours specified in division (A)(1) of this section
as their number
of hours which are accepted as full-time in
active pay status,
excluding overtime hours, bears to eighty
hours. (3) Full-time employees granted vacation leave under
division (A)(1) of this section who are in active pay status in a
biweekly pay period for less than eighty hours or the number of
hours of service otherwise accepted as full-time by their
employing office or department shall accrue a number of hours of
vacation leave during that pay period that bears the same ratio
to
the number of hours specified in division (A)(1) of this
section
as their number of hours in active pay status, excluding
overtime
hours, bears to eighty or the number of hours of service
accepted
as full-time, whichever is applicable. (B) A board of county commissioners, by resolution, may
grant vacation leave with full pay to part-time county employees.
A part-time county employee shall be eligible for vacation leave
with full pay upon the attainment of the first year of
employment,
and annually thereafter. The ratio between the hours
worked and
the vacation hours awarded to a part-time employee
shall be the
same as the ratio between the hours worked and the
vacation hours
earned by a full-time employee as provided for in
this section. (C) Days specified as holidays in section 124.19 of the
Revised Code shall not be charged to an employee's vacation
leave.
Vacation leave shall be taken by the employee during the
year in
which it accrued and prior to the next recurrence of the
anniversary date of the employee's employment, provided the
appointing
authority may, in special and meritorious cases, permit
such
employee to accumulate and carry over the employee's
vacation
leave to the
following year. No vacation leave shall be carried
over for more
than three years. An employee is entitled to
compensation, at
the employee's current rate of pay, for the
prorated portion
of any earned but unused vacation leave for the
current year to the employee's
credit at time of separation, and
in addition shall be compensated for any
unused vacation leave
accrued to the employee's credit, with the permission
of the
appointing authority, for the three years immediately preceding
the
last anniversary date of employment. (D)(1) In addition to vacation leave, a full-time county
employee is entitled to eight hours of holiday pay for New Year's
day, Martin Luther King day, Washington-Lincoln day, Memorial
day,
Independence day, Labor day, Columbus day, Veterans' day,
Thanksgiving day, and Christmas day, of each year. Except
as
provided in division (D)(2) of this section, holidays
shall occur
on the days specified in section 1.14 of the Revised
Code. If any
of
those holidays fall on
Saturday, the Friday immediately
preceding shall be observed as
the holiday. If any of
those
holidays
fall on Sunday, the Monday immediately succeeding shall
be
observed as the holiday. If an employee's work schedule is
other
than Monday through Friday, the employee is entitled to
holiday pay for holidays observed on the employee's day off
regardless of the
day of the week on which they are observed. (2)(a) When a classified employee of a county board of
mental
retardation and developmental disabilities works at a site
maintained by a
government entity other than the board, such as a
public school, the board may
adjust the employee's holiday
schedule to conform to the schedule adopted by
the government
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division
(D)(1) of this section. (b) Pursuant to division
(H)(J)(6) of section 339.06 of the
Revised Code,
a county hospital may observe Martin Luther King
day, Washington-Lincoln day, Columbus day, and
Veterans' day on
days other than those specified in section 1.14
of the Revised
Code. (E) In the case of the death of a county employee, the
unused vacation leave and unpaid overtime to the credit of any
such employee shall be paid in accordance with section 2113.04
of
the Revised Code, or to the employee's estate. (F) Notwithstanding this section or any other section of
the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules
of vacation leave and holidays for employees of the
appointing
authority for whom the state employment relations
board has not
established an appropriate bargaining unit pursuant
to section
4117.06 of the Revised Code, provided that the
alternative
schedules are not inconsistent with the provisions of
a collective
bargaining agreement covering other employees of
that appointing
authority. (G) The employees of a county children services board that
establishes vacation benefits under section 5153.12 of the
Revised
Code are exempt from division (A) of this section. (H) The provisions of this section do not apply to
superintendents and management employees of county boards of
mental retardation and developmental disabilities. (I) Division (A) of this section does not apply to an
employee of
a county board of mental retardation and developmental
disabilities who works
at, or provides transportation services to
pupils of, a special education
program provided by the county
board pursuant to division (A)(4) of
section 5126.05 of the
Revised Code, if the employee's employment is based on a school
year
and the employee is not subject to a contract with the county
board that
provides for division (A) of this section to apply to
the employee. (J) As used in this section: (1) "Full-time employee" means an employee whose regular
hours of service for a county total forty hours per week, or who
renders any other standard of service accepted as full-time by an
office, department, or agency of county service. (2) "Part-time employee" means an employee whose regular
hours of service for a county total less than forty hours per
week, or who renders any other standard of service accepted as
part-time by an office, department, or agency of county service,
and whose hours of county service total at least five hundred
twenty hours annually. (3) "Management employee" has the same meaning as in
section
5126.20 of the Revised Code.
Sec. 339.01. (A) As used in sections 339.01 to 339.17 of
the Revised Code: (1) "Hospital facilities" has the meaning given in section
140.01 of the Revised Code. (2) "County hospital" includes all of the county
hospital's branches and hospital facilities, wherever located. (3) "Outpatient health facility" means a facility where
medical care and preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services are provided to
outpatients by or under the direction of a physician or dentist. (B) A board of county commissioners may purchase,
acquire, lease, appropriate, and construct a county hospital or
hospital facilities thereof. After a county hospital or hospital
facilities have been fully completed and sufficiently equipped
for occupancy, any subsequent improvements, enlargements, or
rebuilding of any such facility shall be made by the board of
county hospital trustees or a hospital commission appointed
pursuant to section 339.14 of the Revised Code. (C)(1) A board of county commissioners, board of county
hospital trustees, or hospital
commission may purchase, acquire, lease, appropriate, or
construct an outpatient health facility in
another county to serve as a branch of the county
hospital. The outpatient health facility
may include office space for physicians. The facility shall be operated
pursuant to
the law that regulates the operation of the county hospital. A (2) When a proposal to establish an outpatient health facility in another county is made by a board of hospital trustees or a hospital commission, all of the following apply: (a) The
board of county hospital trustees or a hospital commission that
proposes to establish such a facility shall give written notice
to its board of county commissioners and to the board of county
commissioners of the county where the
facility is to be located.
The board of county commissioners where the facility is
to be located, by resolution adopted within forty days after
receipt of the notice, may object to the proposed facility. The
resolution shall include an explanation of the objection and may
make any recommendations the board considers necessary. The board
shall send a copy of the resolution to the board of county
hospital trustees or the hospital commission and to the board of
county commissioners of the county that proposes to locate the
facility in the other county. (2)(b) Except as provided in division (C)(3)(2)(c) of this section,
the board of county hospital trustees or the hospital commission
may establish and operate the facility,
unless the board of county commissioners of the county
proposing to locate the
facility in the other county, not later than
twenty days after
receiving a resolution of objection from the other
county's board of county commissioners pursuant to division (C)(1)(2)(a) of
this section, adopts a resolution denying the trustees or
commission the right to establish the facility.
(3)(c) If a board of county commissioners provides a subsidy
for uncompensated care to a board of county hospital trustees or
hospital commission, the board of county hospital trustees or
hospital commission may establish and operate the outpatient
health facility only if that board of county commissioners
approves the establishment of the facility.
(D) A county hospital may be designated as a monument to
commemorate the services of the soldiers, sailors, marines, and
pioneers of the county.
Sec. 339.02. (A) As used in this section, "area served by
the hospital" means the geographic area, whether or not included
within the county, from which a county hospital regularly draws
patients. (B) Unless a board of county hospital trustees for the
county is in existence in accordance with this section, such
board
shall be created pursuant to this section after the board
of
county commissioners first determines by resolution to
establish a
county hospital. Copies of such resolution shall be
certified to
the probate judge of the county senior in point of
service and to
the judge, other than a probate judge, of the
court of common
pleas of the county senior in point of service.
The
(C) The board of county commissioners together with the
probate judge of the county senior in point of service and the
judge of the court of common pleas of the county senior in point
of service shall, within ten days after such certification,
appoint a board of county hospital trustees. The
(C) In making appointments to a
board of county hospital trustees, all of the following apply with respect to the individuals who may be appointed:
(1) Members shall be electors of the area served by the
hospital, except that not more than two members may be electors of
the area served by the hospital that is outside the county in
which the hospital is located. (2) In no case shall more than one-half of the members be
independents or be members of any one political party. (3) A physician may serve as a member, including a physician who is authorized to admit and treat patients at the hospital, except as follows: (a) Not more than two physicians
may serve as members at the same time; (b) No physician who is employed by the hospital may serve as a member. (D) A board of county
hospital trustees shall be
composed of six
electors of the area
served by the hospital
members, unless the board of county commissioners
determines that
the board of trustees can more effectively
function with eight or
ten
trustees
members in which case there may be
eight or ten
trustees
members, as designated by the board of county
commissioners. (E) With respect to the initial appointment of members
to a board of county hospital trustees, all of the following
apply: (1) When the board
of trustees is composed of six
electors
members,
their terms of office shall be: one for one year, one
for two
years, one for three years, one for four years, one for
five
years, and one for six years from the first Monday of March
thereafter. (2) When the board is composed of eight
electors
members,
their
terms of office shall be: one for one year, one for two
years,
two for three years, one for four years, one for five
years, and
two for six years from the first Monday of March
thereafter. (3) When the board is composed of ten
electors
members,
their
terms
of office shall be: two for one year, one for two
years,
two for
three years, two for four years, one for five
years, and
two for
six years from the first Monday of March
thereafter.
(F) Except as provided in division (G)(2) of this section,
all of the following apply with respect to vacancies on a board of
county hospital trustees: (1) Annually
thereafter except as provided in division
(D)(2)
of
this section, on the first Monday of March, the board of
county
commissioners together with the probate judge of the
county
senior
in point of service and the judge of the court of
common
pleas of
the county senior in point of service shall
appoint or
reappoint
for a term of six years a sufficient number
of
electors
of the
area served by the hospital
members to replace those
trustees
members whose terms
have expired. (D)(2) The appointing authority shall fill a vacancy not later
than six months after the vacancy occurs. If the vacancy remains
unfilled on that date, the remaining members of the board, by
majority vote, shall appoint an individual to fill the vacancy.
(3) The appointing authority may fill a vacancy by seeking nominations from a selection committee consisting of one county commissioner designated by the board of county commissioners, the chair of the board of county hospital trustees, and the county hospital administrator. If nominations for filling a vacancy are sought from a selection committee, the committee shall nominate at least three individuals for the vacancy. The appointing authority may fill the vacancy by appointing one of the nominated individuals or by appointing another individual selected by the appointing authority. (4) Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the
remainder of that term. (G)(1) The board of county commissioners together with the
probate judge senior in point of service and the judge of the
court of common pleas senior in point of service in any county in
which a board of county hospital trustees has been appointed may
expand the number of
trustees
members to eight or to ten.
Such
additional
trustees shall be electors of the area served by the
hospital.
When the number of
trustees
members is increased
to
eight, one shall be
appointed for a three-year and one for a
six-year term from the
first Monday of March thereafter. When
the
number of
trustees
members is
increased from six to ten, the term
for
additional members shall
be: one for one year, one for three
years, one for four years,
and one for six years from the first
Monday of March thereafter.
When the number of
trustees
members is
increased from eight to ten, the
term for additional members
shall
be: one for one year and one
for four years from the first
Monday
of March thereafter.
Thereafter except as provided in
division
(D)(G)(2) of this section,
upon the expiration of the term
of
office of each
trustee
member, the
trustee's successor
vacancy
shall be
appointed for a
term of six years
filled in the manner
specified in division (F) of this section. (2) The board of county commissioners together with the
probate judge senior in point of service and the judge of the
court of common pleas senior in point of service may reduce the
number of
members of a board of county hospital trustees to eight
or to six.
The reduction shall occur on expiration of a
trustee's
member's term of
office, at which time no appointment shall be
made. While the
board of county commissioners and the judges are
in the process
of
reducing the number of
trustees
members, the
board of county hospital
trustees may consist of nine or seven
trustees
members for one year. (E) In no case shall more than one-half of the members of a
board of county hospital trustees be
independents or be members of
any one
political party. Notwithstanding any
other
provision of
this section, no more than two members of the board
shall be
electors of the area served by the hospital that is
outside the
county in which the hospital is located. The
(H) Any member of a board of county hospital trustees may be
removed from office by the appointing authority for neglect of duty, misconduct, or malfeasance in office. The member shall be informed in writing of the charges and afforded an opportunity for a hearing before the appointing authority. The appointing authority shall not remove a member from office for political reasons. (I) The members of a board of county hospital trustees shall
serve without compensation, but shall be allowed their necessary
and reasonable expenses incurred in the performance of their
duties, including the cost of their participation in any
continuing education programs or developmental programs that the
members consider necessary. Allowable expenses shall be paid out
of the funds provided for the county hospital.
(J) The persons
so selected
to be members of a board of
county
hospital trustees shall forthwith be notified, by mail, of
their
appointment.
The
When a board is initially appointed, the
notice shall state a time, not more than ten
days later, when such
board shall meet at the county seat of such
county to organize.
On On the date stated, the board shall meet and organize.
(K) A board of county hospital trustees shall organize by
electing one of its number as chairperson and such
other officers
as
specified in the board's rules. Four members of a six-member
board constitute a quorum, five members constitute a quorum of an
eight-member board, and six members constitute a quorum of a
ten-member board. (F) The board of county commissioners, together with the
probate judge senior in point of service and the judge of the
court of common pleas senior in point of service, shall fill all
vacancies that occur in such board of county hospital trustees
which result from death, resignation, or removal from office by
appointment of electors from the area served by the hospital to
fill the unexpired terms.
Any trustee appointed under this
section may be removed
from
office by the appointing authority
for cause impairing
faithful,
efficient, and intelligent
administration, or for
conduct
unbecoming to such office, after
an opportunity is given
to be
heard before the appointing
authority upon written charges
initiated by the appointing
authority or board of trustees, but no
removal shall be made for
political reasons.
(G) Such A board of county hospital trustees shall hold
meetings at
least once a month, shall adopt necessary rules of
procedure, and
shall keep a record of its proceedings and a
strict
account of all
its receipts, disbursements, and
expenditures; and
upon. On
completion of the construction and
equipping of a
county hospital
such, the board shall file such account with
the board of county
commissioners and make final settlement with
such
the board
of
county commissioners for the
construction and equipping of the
hospital.
Sec. 339.03. The board of county hospital trustees shall
have complete charge of the selection and purchase or lease of a
site or sites for a county hospital, taking title or leasehold
interest to such site or sites in the name of the county, the
selection of plans and specifications, the determination and
erection of all necessary buildings on such site or sites, and of
the selection and installation of all necessary and proper
furniture, fixtures, and equipment. The The board of county hospital
trustees may make capital improvements, including the purchase of
equipment and vehicles, and may finance such improvements through hospital
revenues or other hospital funds. The The board of county hospital trustees may issue revenue
obligations, pursuant to section 140.06 or 339.15 of the Revised
Code, or revenue bonds pursuant to section 133.08 of the Revised
Code. A The board of county hospital trustees may construct an
addition to the county hospital, acquire an existing structure
for the purpose of leasing office space to local physicians, or
lease real property to any person to construct facilities for
providing medical services other than inpatient hospital services
if the board of county hospital trustees determines that such
purpose is reasonably related to the proper operation of the
county hospital.
The trustees shall serve without compensation, but shall be
allowed their necessary and reasonable expenses incurred in the
performance of their duties, including the cost of their
participation in such continuing education programs or
developmental programs as the trustees consider necessary. Such
expenses shall be paid out of the funds provided for such
hospital.
The board of county hospital trustees may retain counsel
and institute legal action in its own name for the collection of
delinquent accounts. The board may also employ any other lawful
means for the collection of delinquent accounts.
Sec. 339.06. (A) The board of county hospital trustees, upon completion of
construction or leasing and equipping
of a county hospital, shall assume and continue the
operation of the
hospital. The (B) The board of county hospital trustees shall have the entire management and control
of the county hospital, and. The board shall establish such rules for its the hospital's
government and the admission of persons as are expedient. (C) The board of county hospital trustees has control of the property of the county hospital,
including management and disposal of surplus property other than
real estate or an interest in real estate, and. (D) With respect to the use of funds by the board of county hospital trustees and its accounting for the use of
funds, all of the following apply: (1) The board of county hospital trustees has control of all
funds used in the county hospital's operation, including moneys received
from
the operation of
the hospital, moneys appropriated for its operation by
the board of
county commissioners, and moneys resulting from special
levies submitted
by the board of county commissioners as provided for in section
5705.22 of the Revised Code. All (2) Of the funds used in the county hospital's operation,
all or part of the
moneys any amount determined not to be necessary to meet current demands on
the hospital may be invested by the board of county hospital trustees or its designee
in any classifications of securities and obligations eligible for deposit or
investment of county moneys pursuant to section 135.35 of the Revised Code, subject to the
approval of the board's written investment policy by the county investment
advisory committee established pursuant to section 135.341 of the Revised Code. (B)(3) Annually by the first day of November, not later than
sixty days before the end of the fiscal year used by the county
hospital, the board of
county hospital trustees shall submit its proposed budget for the
ensuing fiscal year to the board of county commissioners for
approval, and the that board's review. The board of county commissioners shall review and approve a the proposed
budget for the county hospital by the first day of December the fiscal year to which the budget applies. If
the board of county commissioners has not approved the budget by the first day of the fiscal year to which the budget applies, the budget is deemed to have been approved by the board on the first day of that fiscal year.
(4) The board of county hospital trustees shall not expend funds received from taxes collected pursuant to any tax levied under section
5705.22 of the Revised Code or the amount appropriated to the
county hospital by the board of county commissioners in the annual appropriation
measure for the county for the ensuing fiscal year differ from
the amount shown in the approved budget, the board of county
commissioners may require the board of county hospital trustees
to revise the hospital budget accordingly. The board of trustees
shall not expend such funds until its budget for that calendar the applicable fiscal
year is submitted to and approved by the board of county
commissioners in accordance with division (C)(3) of this section. At any time the amount received from those sources differs from the amount shown in the approved budget, the board of county commissioners may require the board of county hospital trustees to revise the county hospital budget accordingly. Thereafter such funds (5) Funds under the control of the board of county hospital
trustees may be disbursed by the
board of county hospital trustees, consistent with the approved
budget, for the uses and purposes of such the county hospital; for the
replacement of necessary equipment; for the acquisition,
leasing, or construction of permanent improvements to county
hospital property; or for making a donation authorized by
division (C)(E) of this section. Each disbursement of funds shall be
made on a voucher signed by signatories designated
and approved by the board of county hospital trustees. (6) The head of a board of county hospital trustees is not
required to file an estimate of contemplated revenue and
expenditures for the ensuing fiscal year under section 5705.28 of
the Revised Code unless the board of county commissioners levies
a tax for the county hospital, or such a tax is proposed, or the
board of county hospital trustees desires that the board of
county commissioners make an appropriation to the county hospital
for the ensuing fiscal year. (7) All moneys appropriated by the board of county
commissioners or from special levies by the board of county
commissioners for the operation of the hospital, when collected
shall be paid to the board of county hospital trustees on a
warrant of the county auditor and approved by the board of county
commissioners. The (8) The board of county hospital trustees shall provide for the conduct of an annual financial audit of the county hospital. Not later than thirty days after it receives the final report of an annual financial audit, the board shall file an
annual a copy of the report of revenues and expenditures for the fiscal year
with the board of county commissioners within ninety days after
the fiscal year's end. (C)(E) For the public purpose of improving the health,
safety, and general welfare of the community, the board of county hospital trustees
may donate to a nonprofit entity any of the following:
(1) Moneys and other financial assets determined not to be necessary to
meet current
demands on the hospital; (2) Surplus hospital property, including supplies, equipment, office
facilities, and other property that is not real estate
or an interest in real estate; (3) Services rendered by the hospital. (D)(F)(1) For purposes of this division (F)(2) of this section:
(a) "Bank" has the same meaning as in section 1101.01 of
the Revised Code. (b) "Savings and loan association" has the same meaning as
in section 1151.01 of the Revised Code. (c) "Savings bank" has the same meaning as in section
1161.01 of the Revised Code. (2) The board of county hospital trustees may enter into a
contract for a secured line of credit with a bank, savings and
loan association, or savings bank if the contract meets all of
the following requirements: (a) The term of the contract does not exceed one year, except that the contract may provide for the automatic renewal of the contract for up to four additional one-year periods if, on the date of automatic renewal, the aggregate outstanding draws remaining unpaid under the secured line of credit do not exceed fifty per cent of the maximum amount that can be drawn under the secured line of credit. (b) The contract provides that the bank, savings and loan
association, or savings bank shall not commence a civil action
against the board of county commissioners, any member of the
board, or the county to recover the principal, interest, or any
charges or other amounts that remain outstanding on the secured
line of credit at the time of any default by the board of county
hospital trustees. (c) The contract provides that no assets other than those
of the county hospital can be used to secure the line of credit. (d) The terms and conditions of the contract comply with
all state and federal statutes and rules governing the extension
of a secured line of credit. (3) Any obligation incurred by a board of county hospital
trustees under this division (F)(2) of this section is an obligation of that board only
and not a general obligation of the board of county commissioners
or the county within the meaning of division (Q) of section
133.01 of the Revised Code. (4) Notwithstanding anything to the contrary in the Revised Code, the board of county hospital trustees may secure the line of credit authorized under division (F)(2) of this section by the grant of a security interest in any part or all of its tangible personal property and intangible personal property, including its deposit accounts, accounts receivable, or both. (5) No board of county hospital trustees shall at any time
have more than one secured line of credit under division (F)(2) of this section. (E)(G) The board of county hospital trustees shall establish a schedule of charges for
all services and treatment rendered by the county hospital. It
may provide for the free treatment in such the hospital of soldiers,
sailors, and marines of the county, under such conditions and
rules as it prescribes.
(F)(H) The board of county hospital trustees may designate the amounts and forms of
insurance protection to be provided, and the board of county
commissioners shall assist in obtaining such protection. The
expense of providing the protection shall be paid from hospital
operating funds.
(G)(I) The board of county hospital trustees may authorize a
county hospital and each of its units, hospital board members,
designated hospital employees, and medical staff members to be a
member of and maintain membership in any local, state, or
national group or association organized and operated for the
promotion of the public health and welfare or advancement of the
efficiency of hospital administration and in connection therewith
to use tax funds for the payment of dues and fees and related
expenses but nothing in this section prohibits the board from
using receipts from hospital operation, other than tax funds, for
the payment of such dues and fees.
(H)(J) The following apply to the board of county
hospital
trustees, in relation to its employees, and the employees of the county
hospital:
(1) The board shall adopt the wage and salary schedule for
employees. (2) The board may employ the hospital's administrator
pursuant to section 339.07 of the Revised Code,
and the administrator may employ individuals for the hospital in
accordance with that section. (3) The board may employ assistants as necessary to perform
its clerical work, superintend properly the construction of the
county hospital, and pay the hospital's expenses. Such
employees may be paid from funds provided for the county
hospital. (4) The board may hire, by contract or as salaried
employees, such management consultants, accountants, attorneys,
engineers, architects, construction managers, and other
professional advisors as it determines are necessary and
desirable to assist in the management of the programs and
operation of the county hospital. Such professional advisors may
be paid from county hospital operating funds. (5) Notwithstanding section 325.19 of the Revised Code,
the board of county hospital trustees may grant to employees
any fringe benefits the board determines to be customary and
usual in the nonprofit hospital field in its community,
including, but not limited to: (a) Additional vacation leave with full pay for full-time
employees, including full-time hourly rate employees, after
service of one year; (b) Vacation leave and holiday pay for part-time employees
on a pro rata basis; (c) Leave with full pay due to death in the employee's
immediate family, which shall not be deducted from the employee's
accumulated sick leave; (d) Premium pay for working on holidays listed in section
325.19 of the Revised Code; (e) Moving expenses for new employees; (f) Discounts on hospital supplies and services. (6) The board may provide holiday leave by
observing
Martin Luther King day,
Washington-Lincoln day, Columbus day, and
Veterans' day on days other than those specified in
section 1.14 of the Revised Code. (7) The board may grant to employees
the insurance benefits authorized by section
339.16 of the Revised Code. (8) Notwithstanding section 325.19 of
the Revised Code, the board may grant to employees, including
hourly rate employees, such personal holidays as the board
determines to be customary and usual in the hospital field in its
community. (9) The board of county hospital trustees may provide employee
recognition awards and hold employee recognition dinners. (10) The board may grant to employees the recruitment and
retention benefits specified under division (I)(K) of this section. (I)(K) Notwithstanding sections 325.191 and 325.20 of the Revised
Code, the board of county hospital trustees may provide, without
the prior authorization of the board of county commissioners,
scholarships for education in the health care professions,
tuition reimbursement, and other staff development programs to
enhance the skills of health care professionals for the purpose
of recruiting or retaining qualified employees.
The board of county hospital trustees may pay reasonable
expenses for recruiting or retaining physicians and other
appropriate health care practitioners. (L) The board of county hospital trustees may retain counsel
and institute legal action in its own name for the collection of
delinquent accounts. The board may also employ any other lawful
means for the collection of delinquent accounts.
Sec. 339.09. When the county hospital has been fully
completed and sufficiently equipped for occupancy, in lieu of
sections 339.06 to 339.08 of the Revised Code, the board of
county
commissioners of any county, on adoption of a resolution
under
section 339.091 of the Revised Code
and approval by the
vote of a
majority of the electors pursuant to section 339.092 of
the
Revised Code, may, upon such terms as are agreed upon between
the
board and a constituted and empowered nonsectarian Ohio
corporation, organized for charitable purposes and not for
profit,
a majority of whose members reside in the county, enter into an agreement to lease
for use as
a hospital or hospital facilities, the lands, the
buildings, and
equipment of any hospital owned by said county.
Such lease may be
from year to year or may provide for a term of
not more than
thirty years and may provide that such board has
the option to
renew such lease at the expiration thereof for a
further term of
not more than thirty years upon such terms as are
provided for in
such lease. In the event that said nonprofit
corporation fails to
faithfully and efficiently administer,
maintain, and operate such
hospital as a public hospital,
admitting patients without regard
to race, creed, or color, then,
after an opportunity is given to
be heard upon written charges,
said agreement shall terminate and
the control and management of
said hospital, together with all
additions, improvements, and
equipment, shall revert to and become
the property of the county
to be operated as provided by law.
Sec. 339.091. Before the board of county commissioners,
board of county hospital trustees, or county hospital commission
may enter into an initial agreement for the acquisition,
operation, or lease under section 140.03, 140.05, 339.09, or
339.14 of the Revised Code of a county hospital operated by a
board of county hospital trustees under section 339.06 of the
Revised Code, the board of county commissioners shall review the
agreement.
If it finds that the agreement will meet the needs of
the residents of the county for hospital service, the board of
county commissioners may adopt a resolution authorizing the board
of county commissioners, board of county hospital trustees, or
county hospital commission to enter into the agreement;
however, authorization to enter into the agreement shall become effective
only if approved by the electors of the county pursuant to
section
339.092 of the Revised Code. This On adoption of the resolution, the board of county commissioners, board of county hospital trustees, or county hospital commission may enter into the agreement. The requirements of this section
and section
339.092 of
the
Revised Code do not apply to an agreement if one
or more
hospitals classified as general hospitals by the public
health
council under section 3701.07 of the Revised Code are
operating in
the same county as the county hospital.
Sec. 339.14. (A) Upon application to the board of county
commissioners by an Ohio corporation or corporations, organized
for charitable hospital purposes and not for profit, in this
section called participating hospital corporations, the board of
county commissioners may, after a determination that the
preservation of the public health requires additional hospital
facilities in the county, appoint a hospital commission of not
less than three members, in this section called the county
hospital commission. Not less than three members of such
commission shall be appointed to represent the public, and there
shall be appointed to the commission one additional member for
each participating hospital corporation, and there may be
appointed to the commission one additional member for each
nonparticipating charitable hospital corporation in the county
and
one or more members for any joint township hospital district
participating under an agreement pursuant to section 513.081 of
the Revised Code. All members representing the county and
hospital corporations shall be electors of the county. All
members shall serve without compensation. Of the first three
public members appointed to the commission one shall be appointed
for a term of two years, one for a term of four years, and one
for
a term of six years. Thereafter, such public members shall
be
appointed for a term of six years as shall be any additional
public members. Members representing participating and
nonparticipating hospital corporations shall be appointed for a
term of six years. Vacancies shall be filled by appointment by
the board of county commissioners for the unexpired term. (B) The county hospital commission after consultation with
participating hospital corporations and agreement as to their
respective needs and the needs of the public of the county for
hospital service may, with the consent of the board of county
commissioners, accept conveyances of real estate and interests in
real estate, situated within the county, from any person and may,
on adoption of a resolution by the board of county commissioners
pursuant to section 339.091 of the Revised Code
and approval by
the electors pursuant to section 339.092 of the Revised Code,
enter into an agreement before or after such conveyance with such
person or with one or more Ohio corporations organized for
charitable hospital purposes or nonprofit corporation organized
to
provide services to corporations organized for charitable
hospital
purposes, to lease to such corporation or corporations
upon such
terms as may be agreed upon such real estate together
with
improvements thereof and buildings thereafter constructed
thereon
and furniture, fixtures, and equipment therein for use as
a
general hospital or a hospital facility, the lease shall be for
a
period not to exceed fifty years, renewable for a like term and
may contain provisions for the sale of such property to the
lessee
upon the unanimous consent of the board of county
commissioners
for a purchase price representing not less than the
actual cost to
the county, less depreciation, computed at the
rate customarily
applied to similar structures; or such general
hospital or
hospital facilities may be leased pursuant to and
upon terms as
provided pursuant to section 140.05 of the Revised
Code, or the
commission may enter into agreements with respect
thereto as
provided in section 140.03 of the Revised Code,
notwithstanding
other provisions of this section. (C) If the land conveyed under division (B) of this
section
is adjacent to an existing hospital, the county hospital
commission may, at the time of the acceptance of the conveyance
or
the leasing of the proposed hospital facilities, enter into an
agreement with the owner of such existing hospital for the use of
common walls in the construction of the county hospital, or
hospital facilities or rights and interests may be acquired as
provided in division (F) of section 140.05 of the Revised Code. (D) The county hospital commission may take all steps
necessary for the acquisition or construction, equipment,
enlarging, rebuilding, or other improvement, of hospital
facilities and may request the board of county commissioners to
submit to the electors of the county, in the manner provided in
Chapter 133. of the Revised Code, a bond issue to cover the costs
of hospital facilities, as defined in section 140.01 of the
Revised Code. (E) If a bond issue provided for above is approved by the
vote of a majority of the electors voting on the issue, the board
of elections for such county shall certify the results of such
election as provided in section 133.18 of the Revised Code, and
the board of county commissioners shall proceed with the
authorization and issuance of the bonds or notes in anticipation
thereof, in the manner provided in Chapter 133. of the Revised
Code for the issuance of bonds and notes by boards of county
commissioners. (F) The county hospital commission shall take title in the
name of the county to any land conveyed pursuant to this section,
and shall have final approval of all plans and specifications for
the erection and equipping of the hospital facilities
contemplated
in this section. The commission may employ
architects and such
other assistants as may be required in the
construction, including
supervision, and pay the expenses thereof
out of the funds
provided for such hospital facilities. (G) All funds arising from a bond issue pursuant to this
section shall be placed in the county treasury to the credit of a
fund to be known as the "county hospital facility fund." Such
fund shall be paid out on the order of the county hospital
commission, certified by the
chairman
chairperson or
vice
chairman
vice-chairperson and secretary or assistant secretary of
the
commission. (H) Before making a contract for the expenditure of money
on
any structure in excess of one thousand dollars, the county
hospital commission shall advertise for bids in accordance with
section 307.87 of the Revised Code and shall cause plans,
specifications, and detailed drawings to be distributed among the
bidders. (I) The county hospital commission has continuing
jurisdiction of the hospital facilities constructed under this
section provided that the lessee corporation shall be solely
responsible for the administration, maintenance, and operation of
the leased facilities including the selection of personnel. In
the event the lessee corporation fails to administer, maintain,
and operate the leased hospital facilities as a public general
hospital or hospital facility, in accordance with the terms of
the
agreement, admitting patients without regard to race, creed,
or
color, then, after an opportunity is given by the county
hospital
commission to be heard on written charges, the lease
shall be
terminated by the county hospital commission, with the
consent of
the board of county commissioners, and the control and
management
of the hospital facilities together with all additions
and
equipment shall revert to the county to be operated as
provided by
law. (J) The hospital facilities, including furniture,
fixtures,
and equipment therein, constructed under this section
are exempt
from taxation. (K) Upon request of the county hospital commission, the
board of county commissioners may issue unvoted bonds or notes in
anticipation thereof in the manner provided in Chapter 133. of
the
Revised Code to pay costs of hospital facilities as defined
in
section 140.01 of the Revised Code. The bonds and notes
authorized by this division shall be issuable only after there
has
been entered into a lease, pursuant to this section or
section
140.05 of the Revised Code, of the hospital facilities to
be
financed thereby providing for rental payments which, together
with rentals payable under any prior lease available therefor,
shall be at least sufficient, as to amounts and times of payment,
to provide funds necessary to cover interest charges on all bonds
authorized under this division and to provide a sufficient amount
for retirement or sinking fund to retire such bonds as they
become
due. Such bonds and notes shall not be considered in
ascertaining
the limitations on net indebtedness of section
133.07 of the
Revised Code. No amendment of such lease shall
have the effect of
reducing the rental payments below the amount
required to meet
such interest and bond retirement requirements.
Sec. 339.16. (A) A board of trustees of any county hospital may contract
for, purchase, or otherwise procure on behalf of any or all of
its employees, the employees of the hospital, or such employees and their immediate dependents
the following types of fringe benefits: (A)(1) Group or individual insurance contracts which may
include life, sickness, accident, disability, annuities,
endowment, health, medical expense, hospital, dental, surgical
and related coverage or any combination thereof;
(B)(2) Group or individual contracts with health insuring
corporations or other providers of professional services,
care, or benefits duly authorized to do business in this state.
(B) A board of trustees of any county hospital may contract for,
purchase, or otherwise procure insurance contracts which provide
protection for the trustees, the board's employees, and the employees of the hospital against liability,
including professional liability, provided that this section or
any insurance contract issued pursuant to this section shall not
be construed as a waiver of or in any manner affect the immunity
of the hospital or county. (C) All or any portion of the cost, premium, fees, or charges
therefor for the insurance benefits specified in divisions (A) and (B) of this section may be paid in such manner or combination of manners as
the board of trustees may determine, including direct payment by
the an employee, and, if authorized in writing by the an employee, by
the board of trustees with moneys made available by deduction
from or reduction in salary or wages or by the foregoing of a
salary or wage increase. Notwithstanding sections 3917.01 and 3917.06 of the Revised
Code, the board of trustees may purchase group life insurance
authorized by this section by reason of payment of premiums
therefor by the board of trustees from its funds, and such group
life insurance may be issued and purchased if otherwise
consistent with sections 3917.01 to 3917.06 of the Revised Code.
Sec. 339.17. (A) Sections 140.03 and 140.05 of the
Revised
Code are alternatives to sections 339.02 to 339.13 of the
Revised
Code. Sections 339.02 to 339.14 of
the Revised Code are not
applicable with respect to hospital
facilities and services
provided for under leases or agreements
entered into pursuant to
section 140.03 or 140.05 of the Revised
Code, except to the extent
made applicable by section 140.03 or
140.05 of the Revised Code
and the leases and agreements made
thereunder. (B) Notwithstanding division (A) of this section, the
requirements of
sections
section 339.091
and 339.092 of the
Revised Code
apply to an initial agreement with a board of county
commissioners, board of county hospital trustees, or county
hospital commission for the acquisition, operation, or lease of a
county hospital operated by a board of county hospital trustees
under section 339.06 of the Revised Code, entered into pursuant
to
section 140.03 or 140.05 of the Revised Code, but not to any
amendment or renewal of such agreement. Sec. 1347.12. (A) As used in this section:
(1) "Agency of a political subdivision" means each organized body, office, or agency established by a political subdivision for the exercise of any function of the political subdivision, except that "agency of a political subdivision" does not include an agency that is a covered entity as defined in 45 C.F.R. 160.103, as amended. (2)(a) "Breach of the security of the system" means unauthorized access to and acquisition of computerized data that compromises the security or confidentiality of personal information owned or licensed by a state agency or an agency of a political subdivision and that causes, reasonably is believed to have caused, or reasonably is believed will cause a material risk of identity theft or other fraud to the person or property of a resident of this state. (b) For purposes of division (A)(2)(a) of this section:
(i) Good faith acquisition of personal information by an employee or agent of the state agency or agency of the political subdivision for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used for an unlawful purpose or subject to further unauthorized disclosure. (ii) Acquisition of personal information pursuant to a search warrant, subpoena, or other court order, or pursuant to a subpoena, order, or duty of a regulatory state agency, is not a breach of the security of the system.
(3) "Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's creditworthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide: (a) Public record information;
(b) Credit account information from persons who furnish that information regularly and in the ordinary course of business. (4) "Encryption" means the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without use of a confidential process or key. (5) "Individual" means a natural person.
(6)(a) "Personal information" means, notwithstanding section 1347.01 of the Revised Code, an individual's name, consisting of the individual's first name or first initial and last name, in combination with and linked to any one or more of the following data elements, when the data elements are not encrypted, redacted, or altered by any method or technology in such a manner that the data elements are unreadable:
(i) Social security number;
(ii) Driver's license number or state identification card number;
(iii) Account number or credit or debit card number, in combination with and linked to any required security code, access code, or password that would permit access to an individual's financial account.
(b) "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or any of the following media that are widely distributed:
(i) Any news, editorial, or advertising statement published in any bona fide newspaper, journal, or magazine, or broadcast over radio or television;
(ii) Any gathering or furnishing of information or news by any bona fide reporter, correspondent, or news bureau to news media described in division (A)(6)(b)(i) of this section;
(iii) Any publication designed for and distributed to members of any bona fide association or charitable or fraternal nonprofit corporation;
(iv) Any type of media similar in nature to any item, entity, or activity identified in division (A)(6)(b)(i), (ii), or (iii) of this section.
(7) "Political subdivision" has the same meaning as in section 2744.01 of the Revised Code.
(8) "Record" means any information that is stored in an electronic medium and is retrievable in perceivable form. "Record" does not include any publicly available directory containing information an individual voluntarily has consented to have publicly disseminated or listed, such as name, address, or telephone number. (9) "Redacted" means altered or truncated so that no more than the last four digits of a social security number, driver's license number, state identification card number, account number, or credit or debit card number is accessible as part of the data. (10) "State agency" has the same meaning as in section 1.60 of the Revised Code, except that "state agency" does not include an agency that is a covered entity as defined in 45 C.F.R. 160.103, as amended.
(11) "System" means, notwithstanding section 1347.01 of the Revised Code, any collection or group of related records that are kept in an organized manner, that are maintained by a state agency or an agency of a political subdivision, and from which personal information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual. "System" does not include any collected archival records in the custody of or administered under the authority of the Ohio historical society, any published directory, any reference material or newsletter, or any routine information that is maintained for the purpose of internal office administration of the agency, if the use of the directory, material, newsletter, or information would not adversely affect an individual and if there has been no unauthorized external breach of the directory, material, newsletter, or information. (B)(1) Any state agency or agency of a political subdivision that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system, following its discovery or notification of the breach of the security of the system, to any resident of this state whose personal information was, or reasonably is believed to have been, accessed and acquired by an unauthorized person if the access and acquisition by the unauthorized person causes or reasonably is believed will cause a material risk of identity theft or other fraud to the resident. The disclosure described in this division may be made pursuant to any provision of a contract entered into by the state agency or agency of a political subdivision with any person or another state agency or agency of a political subdivision prior to the date the breach of the security of the system occurred if that contract does not conflict with any provision of this section. For purposes of this section, a resident of this state is an individual whose principal mailing address as reflected in the records of the state agency or agency of a political subdivision is in this state.
(2) The state agency or agency of a political subdivision shall make the disclosure described in division (B)(1) of this section in the most expedient time possible but not later than forty-five days following its discovery or notification of the breach in the security of the system, subject to the legitimate needs of law enforcement activities described in division (D) of this section and consistent with any measures necessary to determine the scope of the breach, including which residents' personal information was accessed and acquired, and to restore the reasonable integrity of the data system.
(C) Any state agency or agency of a political subdivision that, on behalf of or at the direction of another state agency or agency of a political subdivision, is the custodian of or stores computerized data that includes personal information shall notify that other state agency or agency of a political subdivision of any breach of the security of the system in an expeditious manner, if the personal information was, or reasonably is believed to have been, accessed and acquired by an unauthorized person and if the access and acquisition by the unauthorized person causes or reasonably is believed will cause a material risk of identity theft or other fraud to a resident of this state.
(D) The state agency or agency of a political subdivision may delay the disclosure or notification required by division (B), (C), or (F) of this section if a law enforcement agency determines that the disclosure or notification will impede a criminal investigation or jeopardize homeland or national security, in which case, the state agency or agency of a political subdivision shall make the disclosure or notification after the law enforcement agency determines that disclosure or notification will not compromise the investigation or jeopardize homeland or national security.
(E) For purposes of this section, a state agency or agency of a political subdivision may disclose or make a notification by any of the following methods:
(2) Electronic notice, if the state agency's or agency of a political subdivision's primary method of communication with the resident to whom the disclosure must be made is by electronic means;
(4) Substitute notice in accordance with this division, if the state agency or agency of a political subdivision required to disclose demonstrates that the agency does not have sufficient contact information to provide notice in a manner described in division (E)(1), (2), or (3) of this section, or that the cost of providing disclosure or notice to residents to whom disclosure or notification is required would exceed two hundred fifty thousand dollars, or that the affected class of subject residents to whom disclosure or notification is required exceeds five hundred thousand persons. Substitute notice under this division shall consist of all of the following:
(a) Electronic mail notice if the state agency or agency of a political subdivision has an electronic mail address for the resident to whom the disclosure must be made;
(b) Conspicuous posting of the disclosure or notice on the state agency's or agency of a political subdivision's web site, if the agency maintains one;
(c) Notification to major media outlets, to the extent that the cumulative total of the readership, viewing audience, or listening audience of all of the outlets so notified equals or exceeds seventy-five per cent of the population of this state. (5) Substitute notice in accordance with this division, if the state agency or agency of a political subdivision required to disclose demonstrates that the agency has ten employees or fewer and that the cost of providing the disclosures or notices to residents to whom disclosure or notification is required will exceed ten thousand dollars. Substitute notice under this division shall consist of all of the following:
(a) Notification by a paid advertisement in a local newspaper that is distributed in the geographic area in which the state agency or agency of a political subdivision is located, which advertisement shall be of sufficient size that it covers at least one-quarter of a page in the newspaper and shall be published in the newspaper at least once a week for three consecutive weeks;
(b) Conspicuous posting of the disclosure or notice on the state agency's or agency of a political subdivision's web site, if the agency maintains one;
(c) Notification to major media outlets in the geographic area in which the state agency or agency of a political subdivision is located.
(F) If a state agency or agency of a political subdivision discovers circumstances that require disclosure under this section to more than one thousand residents of this state involved in a single occurrence of a breach of the security of the system, the state agency or agency of a political subdivision shall notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the disclosure given by the state agency or agency of a political subdivision to the residents of this state. In no case shall a state agency or agency of a political subdivision that is required to make a notification required by this division delay any disclosure or notification required by division (B) or (C) of this section in order to make the notification required by this division. (G) The attorney general, pursuant to sections 1349.191 and 1349.192 of the Revised Code, may conduct an investigation and bring a civil action upon an alleged failure by a state agency or agency of a political subdivision to comply with the requirements of this section. Sec. 1349.19. (A) As used in this section:
(1)(a) "Breach of the security of the system" means unauthorized access to and acquisition of computerized data that compromises the security or confidentiality of personal information owned or licensed by a person and that causes, reasonably is believed to have caused, or reasonably is believed will cause a material risk of identity theft or other fraud to the person or property of a resident of this state. (b) For purposes of division (A)(1)(a) of this section:
(i) Good faith acquisition of personal information by an employee or agent of the person for the purposes of the person is not a breach of the security of the system, provided that the personal information is not used for an unlawful purpose or subject to further unauthorized disclosure. (ii) Acquisition of personal information pursuant to a search warrant, subpoena, or other court order, or pursuant to a subpoena, order, or duty of a regulatory state agency, is not a breach of the security of the system.
(2) "Business entity" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether operating for profit or not for profit, including a financial institution organized, chartered, or holding a license authorizing operation under the laws of this state, any other state, the United States, or any other country, or the parent or subsidiary of a financial institution.
(3) "Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's creditworthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide: (a) Public record information;
(b) Credit account information from persons who furnish that information regularly and in the ordinary course of business. (4) "Encryption" means the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without use of a confidential process or key. (5) "Individual" means a natural person.
(6) "Person" has the same meaning as in section 1.59 of the Revised Code, except that "person" includes a business entity only if the business entity conducts business in this state. (7)(a) "Personal information" means an individual's name, consisting of the individual's first name or first initial and last name, in combination with and linked to any one or more of the following data elements, when the data elements are not encrypted, redacted, or altered by any method or technology in such a manner that the data elements are unreadable:
(i) Social security number;
(ii) Driver's license number or state identification card number;
(iii) Account number or credit or debit card number, in combination with and linked to any required security code, access code, or password that would permit access to an individual's financial account.
(b) "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or any of the following media that are widely distributed:
(i) Any news, editorial, or advertising statement published in any bona fide newspaper, journal, or magazine, or broadcast over radio or television;
(ii) Any gathering or furnishing of information or news by any bona fide reporter, correspondent, or news bureau to news media described in division (A)(7)(b)(i) of this section;
(iii) Any publication designed for and distributed to members of any bona fide association or charitable or fraternal nonprofit corporation;
(iv) Any type of media similar in nature to any item, entity, or activity identified in division (A)(7)(b)(i), (ii), or (iii) of this section. (8) "Record" means any information that is stored in an electronic medium and is retrievable in perceivable form. "Record" does not include any publicly available directory containing information an individual voluntarily has consented to have publicly disseminated or listed, such as name, address, or telephone number. (9) "Redacted" means altered or truncated so that no more than the last four digits of a social security number, driver's license number, state identification card number, account number, or credit or debit card number is accessible as part of the data. (10) "System" means any collection or group of related records that are kept in an organized manner, that are maintained by a person, and from which personal information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual. "System" does not include any published directory, any reference material or newsletter, or any routine information that is maintained for the purpose of internal office administration of the person, if the use of the directory, material, newsletter, or information would not adversely affect an individual, and there has been no unauthorized external breach of the directory, material, newsletter, or information.
(B)(1) Any person that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system, following its discovery or notification of the breach of the security of the system, to any resident of this state whose personal information was, or reasonably is believed to have been, accessed and acquired by an unauthorized person if the access and acquisition by the unauthorized person causes or reasonably is believed will cause a material risk of identity theft or other fraud to the resident. The disclosure described in this division may be made pursuant to any provision of a contract entered into by the person with another person prior to the date the breach of the security of the system occurred if that contract does not conflict with any provision of this section and does not waive any provision of this section. For purposes of this section, a resident of this state is an individual whose principal mailing address as reflected in the records of the person is in this state.
(2) The person shall make the disclosure described in division (B)(1) of this section in the most expedient time possible but not later than forty-five days following its discovery or notification of the breach in the security of the system, subject to the legitimate needs of law enforcement activities described in division (D) of this section and consistent with any measures necessary to determine the scope of the breach, including which residents' personal information was accessed and acquired, and to restore the reasonable integrity of the data system.
(C) Any person that, on behalf of or at the direction of another person or on behalf of or at the direction of any governmental entity, is the custodian of or stores computerized data that includes personal information shall notify that other person or governmental entity of any breach of the security of the system in an expeditious manner, if the personal information was, or reasonably is believed to have been, accessed and acquired by an unauthorized person and if the access and acquisition by the unauthorized person causes or reasonably is believed will cause a material risk of identity theft or other fraud to a resident of this state.
(D) The person may delay the disclosure or notification required by division (B), (C), or (G) of this section if a law enforcement agency determines that the disclosure or notification will impede a criminal investigation or jeopardize homeland or national security, in which case, the person shall make the disclosure or notification after the law enforcement agency determines that disclosure or notification will not compromise the investigation or jeopardize homeland or national security.
(E) For purposes of this section, a person may disclose or make a notification by any of the following methods:
(2) Electronic notice, if the person's primary method of communication with the resident to whom the disclosure must be made is by electronic means;
(4) Substitute notice in accordance with this division, if the person required to disclose demonstrates that the person does not have sufficient contact information to provide notice in a manner described in division (E)(1), (2), or (3) of this section, or that the cost of providing disclosure or notice to residents to whom disclosure or notification is required would exceed two hundred fifty thousand dollars, or that the affected class of subject residents to whom disclosure or notification is required exceeds five hundred thousand persons. Substitute notice under this division shall consist of all of the following:
(a) Electronic mail notice if the person has an electronic mail address for the resident to whom the disclosure must be made;
(b) Conspicuous posting of the disclosure or notice on the person's web site, if the person maintains one;
(c) Notification to major media outlets, to the extent that the cumulative total of the readership, viewing audience, or listening audience of all of the outlets so notified equals or exceeds seventy-five per cent of the population of this state. (5) Substitute notice in accordance with this division, if the person required to disclose demonstrates that the person is a business entity with ten employees or fewer and that the cost of providing the disclosures or notices to residents to whom disclosure or notification is required will exceed ten thousand dollars. Substitute notice under this division shall consist of all of the following:
(a) Notification by a paid advertisement in a local newspaper that is distributed in the geographic area in which the business entity is located, which advertisement shall be of sufficient size that it covers at least one-quarter of a page in the newspaper and shall be published in the newspaper at least once a week for three consecutive weeks;
(b) Conspicuous posting of the disclosure or notice on the business entity's web site, if the entity maintains one;
(c) Notification to major media outlets in the geographic area in which the business entity is located.
(F)(1) A financial institution, trust company, or credit union or any affiliate of a financial institution, trust company, or credit union that is required by federal law, including, but not limited to, any federal statute, regulation, regulatory guidance, or other regulatory action, to notify its customers of an information security breach with respect to information about those customers and that is subject to examination by its functional government regulatory agency for compliance with the applicable federal law, is exempt from the requirements of this section. (2) This section does not apply to any person or entity that is regulated by sections 1171 to 1179 of the "Social Security Act," chapter 531, 49 Stat. 620 (1935), 42 U.S.C. 1320d to 1320d-8, and any corresponding regulations in 45 C.F.R. Parts 160 and 164 a covered entity as defined in 45 C.F.R. 160.103, as amended. (G) If a person discovers circumstances that require disclosure under this section to more than one thousand residents of this state involved in a single occurrence of a breach of the security of the system, the person shall notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the disclosure given by the person to the residents of this state. In no case shall a person that is required to make a notification required by this division delay any disclosure or notification required by division (B) or (C) of this section in order to make the notification required by this division. (H) Any waiver of this section is contrary to public policy and is void and unenforceable. (I) The attorney general may conduct pursuant to sections 1349.191 and 1349.192 of the Revised Code an investigation and bring a civil action upon an alleged failure by a person to comply with the requirements of this section. Sec. 4723.01. As used in this chapter: (A)
"Registered nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes
the practice of nursing as a registered nurse. (B)
"Practice of nursing as a registered nurse" means
providing to individuals and groups nursing care requiring
specialized knowledge, judgment, and skill derived from the
principles of biological, physical, behavioral, social, and
nursing sciences. Such nursing care includes: (1) Identifying patterns of human responses to actual or
potential health problems amenable to a nursing regimen; (2) Executing a nursing regimen through the selection,
performance, management, and evaluation of nursing actions; (3) Assessing health status for the purpose of providing
nursing care; (4) Providing health counseling and health teaching; (5) Administering medications, treatments, and executing
regimens authorized by an individual who is
authorized to practice
in this state and is acting within the course of the
individual's
professional practice; (6) Teaching, administering, supervising, delegating, and
evaluating nursing practice. (C)
"Nursing regimen" may include preventative,
restorative,
and health-promotion activities. (D)
"Assessing health status" means the collection of data
through nursing assessment techniques, which may include
interviews, observation, and physical evaluations for the purpose
of providing nursing care. (E)
"Licensed practical nurse" means an individual who
holds
a current, valid license issued under this chapter that
authorizes
the practice of nursing as a licensed practical nurse. (F)
"The practice of nursing as a licensed practical
nurse"
means providing to individuals and groups nursing care
requiring
the application of basic knowledge of the biological,
physical,
behavioral, social, and nursing sciences at the
direction of a
licensed physician, dentist, podiatrist,
optometrist,
chiropractor, or registered nurse. Such nursing
care includes: (1) Observation, patient teaching, and care in a diversity
of health care settings; (2) Contributions to the planning, implementation, and
evaluation of nursing; (3) Administration of medications and treatments
authorized
by an individual who is
authorized to practice in this state and
is acting within the course of the
individual's professional
practice, except that administration of
intravenous therapy shall
be performed only in accordance with section
4723.17 or 4723.171
of the Revised Code. Medications may be administered by a
licensed
practical nurse upon proof of completion of a course in
medication administration approved by the board of nursing. (4) Administration to an adult of intravenous therapy
authorized by an individual who is authorized to practice in this
state and is acting within the course of the individual's
professional
practice, on the condition that the licensed
practical nurse is authorized
under section 4723.17 or 4723.171 of
the Revised Code to perform intravenous therapy
and performs
intravenous
therapy only in accordance with those sections; (5) Delegation of nursing tasks as directed by a registered nurse; (6) Teaching nursing tasks to licensed practical nurses and individuals to whom the licensed practical nurse is authorized to delegate nursing tasks as directed by a registered nurse. (G)
"Certified registered
nurse anesthetist" means a
registered nurse who holds a valid
certificate of authority issued
under this chapter that
authorizes the practice of nursing as a
certified registered
nurse anesthetist in accordance with section
4723.43 of the
Revised Code and rules adopted by the board of
nursing. (H)
"Clinical nurse specialist" means a registered
nurse who
holds a valid certificate of authority issued under
this chapter
that authorizes the practice of nursing as a
clinical nurse
specialist in accordance with section 4723.43 of
the Revised Code
and rules adopted by the board
of nursing. (I)
"Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under this chapter
that authorizes the practice of nursing as a certified
nurse-midwife in
accordance with section 4723.43 of the Revised
Code and rules adopted by the board of nursing. (J)
"Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under this
chapter that authorizes the practice of nursing as a certified
nurse
practitioner in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing. (K)
"Physician" means an individual
authorized under Chapter
4731. of
the Revised Code to practice
medicine and surgery or
osteopathic medicine and surgery. (L)
"Collaboration" or
"collaborating" means the
following: (1) In the case of a clinical nurse specialist, except
as
provided in division (L)(3) of this section, or a
certified nurse
practitioner, that one or more podiatrists acting
within the scope
of
practice of podiatry in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard
care arrangement or one or more physicians
with whom the nurse has
entered into a
standard care arrangement are continuously
available to communicate with the clinical nurse specialist or
certified nurse practitioner either in person or by radio,
telephone, or
other form of telecommunication; (2) In the case of a certified nurse-midwife, that one
or
more physicians with whom the certified nurse-midwife has entered
into
a standard care arrangement are
continuously available to
communicate with the certified nurse-midwife
either in person or
by radio, telephone, or other form of
telecommunication; (3) In the case of a clinical nurse specialist who practices
the nursing specialty of mental health or psychiatric
mental
health without being authorized to prescribe drugs and therapeutic
devices, that one or more physicians are
continuously
available to
communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication. (M)
"Supervision," as it pertains to a certified
registered
nurse
anesthetist, means that the certified
registered nurse
anesthetist is under the direction of a podiatrist acting
within
the podiatrist's scope of practice in accordance with section
4731.51
of the Revised
Code, a dentist acting within the dentist's
scope of practice in accordance with Chapter
4715. of the Revised
Code, or a physician, and, when administering
anesthesia, the
certified registered nurse anesthetist is in the immediate
presence of the podiatrist, dentist, or physician. (N)
"Standard care arrangement" means a
written, formal guide for
planning and evaluating a patient's health care that
is developed
by one or more collaborating
physicians or podiatrists and a
clinical nurse
specialist, certified nurse-midwife, or certified
nurse practitioner and meets
the requirements of section 4723.431
of the
Revised Code. (O)
"Advanced practice nurse" means a
certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. (P)
"Dialysis care" means the care and procedures that a
dialysis technician is authorized to provide and perform, as
specified in
section 4723.72 of the Revised Code. (Q)
"Dialysis technician" means an individual who holds a
current, valid certificate or temporary certificate issued under
this chapter
that authorizes the individual to practice as a
dialysis technician in
accordance with section 4723.72 of the
Revised Code. (R) "Certified community health worker" means an individual who holds a current, valid certificate as a community health worker issued by the board of nursing under section 4723.85 of the Revised Code. Sec. 4723.32. This chapter does not prohibit any of the
following: (A) The practice of nursing by a student
currently enrolled
in and actively pursuing completion of a prelicensure
nursing
education program approved by the board of nursing, if
the
student's practice is under
the auspices of the program and the
student acts under the
supervision of a registered nurse serving
for the program
as a faculty member, or teaching assistant, or
preceptor; (B) The rendering of medical assistance to a licensed
physician,
licensed dentist, or licensed podiatrist by a person
under the
direction, supervision, and control of such licensed
physician,
dentist, or podiatrist; (C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions; (D) The provision of nursing services to family members or
in emergency situations; (E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by or for its
members; (F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified
nurse practitioner by a student currently
enrolled
in and actively pursuing completion of a program of study
leading
to initial authorization by the board to practice nursing in the
specialty, if
both of the
following are the case: (1) The program qualifies the student to sit for the
examination
of
a national certifying organization listed in
division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under
section
4723.46 of the Revised Code or
the
program
prepares the
student to receive a master's degree in
accordance
with division
(A)(2) of section 4723.41 of the Revised
Code; (2) The student's practice is under the auspices of the
program
and the student acts under the supervision of a registered
nurse
serving for the program as a faculty member, teaching
assistant,
or preceptor. (G) The
activities of an individual who currently holds a
license to practice
nursing in another jurisdiction, if the
individual's license has not been
revoked, the individual is not
currently under suspension or on probation, the
individual does
not represent the individual as being licensed under this
chapter,
and one of the following is the case: (1) The individual is engaging in the practice of nursing by
discharging
official duties while employed by or under contract
with the
United
States government or any agency
thereof; (2) The individual is engaging in the practice of nursing as
an employee
of an individual, agency, or corporation located in
the other
jurisdiction in a position with employment
responsibilities
that include transporting patients into, out of,
or through this
state, as long as each trip in this state does not
exceed seventy-two
hours; (3) The individual is consulting with an individual licensed
in this
state to practice any health-related profession; (4) The individual is engaging in activities associated with
teaching in
this state
as a guest lecturer at or for a nursing
education
program, continuing nursing education program, or
in-service
presentation; (5) The individual is conducting evaluations of nursing care
that are
undertaken on
behalf of an accrediting organization,
including the national
league for nursing accrediting committee,
the joint commission
on accreditation of healthcare organizations,
or any other nationally
recognized accrediting organization; (6) The individual is providing nursing care to an
individual who is in
this state on a temporary basis, not to
exceed six months in any
one calendar year, if the nurse is
directly employed by or under
contract with the individual or a
guardian or other person
acting on the individual's behalf; (7) The individual is providing nursing care during any
disaster, natural
or otherwise, that has been officially declared
to be a disaster
by a public announcement issued by an appropriate
federal,
state, county, or municipal official. (H) The administration of medication by an individual who holds a valid medication aide certificate issued under this chapter, if the medication is administered to a resident of a nursing home or residential care facility authorized by section 4723.63 or 4723.64 of the Revised Code to use a certified medication aide and the medication is administered in accordance with section 4723.67 of the Revised Code.
Section 2. That existing sections 133.07, 140.03, 140.05, 325.19, 339.01, 339.02,
339.03, 339.06, 339.09, 339.091, 339.14, 339.16,
339.17, 1347.12, 1349.19, 4723.01, and 4723.32 and section
339.092 of the Revised Code are hereby
repealed.
|