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H. B. No. 284 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsor:
Representative Adams
A BILL
To amend sections 124.85, 149.43, 2151.421, 2305.11,
2307.52, 2307.53, 2317.56, 2505.02,
2901.01,
2903.09, 2919.12, 2919.123, 2919.13,
2919.14,
2919.24, 2950.03, 3701.341, 4112.01,
4731.22,
4731.91, and 5101.55 and to repeal
sections
2151.85, 2505.073, 2919.121, 2919.122,
2919.151,
2919.16, 2919.17, and 2919.18 of the
Revised Code
to prohibit abortions in this state,
to increase
the penalties for the offenses of
unlawful
abortion, unlawful distribution of an
abortion-inducing drug, and abortion trafficking,
and to make conforming changes in related
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.85, 149.43, 2151.421, 2305.11,
2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09,
2919.12,
2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341,
4112.01,
4731.22, 4731.91, and 5101.55 of the Revised Code be
amended to
read as follows:
Sec. 124.85. (A) As used in this section:
(1) "Nontherapeutic abortion" means an abortion that is
performed or induced when the life of the mother would not be
endangered if
the fetus were carried to term or when the pregnancy
of the mother was not the
result of rape or incest reported to a
law enforcement agency.
(2) "Policy, contract, or plan" means a policy, contract, or
plan of one
or more insurance companies, medical care
corporations, health care
corporations, health maintenance
organizations, preferred
provider organizations, or other entities
that
provides health, medical, hospital, or surgical coverage,
benefits, or services to elected or appointed officers or
employees of the state,
including a plan that is associated with a
self-insurance program and a
policy, contract, or plan that
implements a collective bargaining agreement.
(3)(2) "State" has the same meaning as in section
2744.01 of
the Revised Code.
(B) Subject to division (C) of this section, but
notwithstanding Notwithstanding other provisions of the
Revised
Code that conflict with the
prohibition specified in this
division, funds of the state
shall not be expended directly or
indirectly to pay the costs, premiums, or
charges
associated with
a policy, contract, or plan if the policy,
contract, or plan
provides coverage, benefits, or services related to a
nontherapeutic an abortion.
(C) Division (B) of this section does not preclude the state
from expending
funds to pay the costs,
premiums, or charges
associated with a policy, contract, or plan
that includes a rider
or other provision offered on an individual basis under
which an
elected or appointed official or employee who accepts the offer of
the rider or provision may obtain coverage of a nontherapeutic
abortion
through the policy, contract, or plan if the individual
pays for all of the
costs, premiums, or charges associated with
the rider or provision, including
all administrative expenses
related to the rider or provision and any claim
made for a
nontherapeutic abortion.
(D) In addition to the laws specified in division (A) of
section 4117.10 of
the Revised Code that prevail over conflicting
provisions of agreements
between employee organizations and public
employers, divisions division (B) and (C) of
this section shall
prevail over conflicting provisions of that nature.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means
records kept by
any
public
office,
including, but not limited to, state, county,
city,
village,
township, and school district units,
and records
pertaining to the
delivery of educational
services by an
alternative
school in this
state kept by the nonprofit or
for-profit
entity operating the
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following:
(b) Records pertaining to probation and parole proceedings or
to proceedings related to the imposition of community control
sanctions and post-release control sanctions;
(c) Records pertaining to actions under former section
2151.85 and
division
(C) of former section 2919.121 of
the Revised
Code, as they existed prior to the effective date of this
amendment and to
appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code;
(e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code;
(k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code;
(l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code;
(p) Peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT residential and
familial
information;
(q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated
pursuant to Chapter 749. of the Revised Code, information that
constitutes a
trade secret,
as defined in section 1333.61 of the
Revised Code;
(r) Information pertaining to the recreational activities of
a person under
the age of eighteen;
(s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code;
(t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section;
(u) Test materials, examinations, or evaluation tools used
in
an
examination for licensure as a nursing home administrator
that
the board of
examiners of nursing home administrators
administers
under section 4751.04 of
the Revised Code or contracts
under that
section with a
private or government entity to
administer;
(v) Records the release of which is prohibited by state or
federal law;
(w) Proprietary information of or relating to any person
that
is submitted to or compiled by the Ohio venture capital
authority
created under section 150.01 of the Revised Code;
(x) Information reported and evaluations conducted pursuant
to section 3701.072 of the Revised Code;
(y) Financial statements and data any person submits for any
purpose to the Ohio housing finance agency or the controlling
board in connection with applying for, receiving, or accounting
for financial assistance from the agency, and information that
identifies any individual who benefits directly or indirectly from
financial assistance from the agency.
(2) "Confidential law enforcement investigatory record"
means
any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised;
(b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains
information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other
than
a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation.
(7) "Peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT residential and
familial
information"
means any information that discloses any of the
following about a
peace officer, parole officer, prosecuting
attorney, assistant prosecuting attorney, correctional employee,
youth services employee, firefighter, or EMT:
(a) The address of the actual personal residence of a peace
officer, parole officer, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT, except for the state or political
subdivision in which
the
peace
officer, parole officer, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT
resides;
(b) Information compiled from referral to or participation
in
an
employee assistance program;
(c) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, parole officer,
prosecuting attorney, assistant prosecuting attorney, correctional
employee, youth services employee, firefighter, or EMT;
(d) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT by
the peace officer's,
parole officer's, prosecuting attorney's, assistant prosecuting
attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's employer;
(e) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, parole officer's,
prosecuting attorney's, assistant prosecuting attorney's,
correctional employee's, youth services employee's, firefighter's,
or
EMT's
employer from the
peace
officer's, parole officer's,
prosecuting attorney's, assistant prosecuting attorney's,
correctional employee's, youth services employee's, firefighter's,
or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law;
(f) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, youth services
employee, firefighter, or EMT;
(g) A photograph of a peace officer who holds a position or
has an assignment that may include undercover or plain clothes
positions or assignments as determined by the peace officer's
appointing authority.
As used in divisions (A)(7) and (B)(9) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
As used in divisions (A)(7) and (B)(5) of this section,
"correctional employee" means any employee of the department of
rehabilitation and correction who in the course of performing the
employee's job duties has or has had contact with inmates and
persons under supervision.
As used in divisions (A)(7) and (B)(5) of this section,
"youth services employee" means any employee of the department of
youth services who in the course of performing the employee's job
duties has or has had contact with children committed to the
custody of the department of youth services.
As used in divisions (A)(7) and (B)(9) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village.
As used in divisions (A)(7) and (B)(9) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code.
(8) "Information pertaining to the recreational activities
of
a
person under the age of eighteen"
means information that is
kept
in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following:
(a) The address or telephone number of a person under the
age
of
eighteen or the address or telephone number of that
person's
parent, guardian,
custodian, or emergency contact person;
(b) The social security number, birth date, or photographic
image
of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining
to
a
person under the age of eighteen;
(d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office.
(9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(11) "Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or
copying from an item that otherwise meets the definition of a
"record" in section 149.011 of the Revised Code.
(12) "Designee" and "elected official" have the same meanings
as in section 109.43 of the Revised Code.
(B)(1) Upon request and subject to division (B)(8) of this
section, all
public records responsive to the request shall
be
promptly prepared and made
available for
inspection to any person
at all reasonable times
during regular
business hours. Subject to
division (B)(8) of this section,
upon
request, a public office or
person
responsible for public records
shall make copies of the
requested public record available at
cost and within a reasonable
period of
time. If a public record contains information that is
exempt from the duty to permit public inspection or to copy the
public record, the public office or the person responsible for the
public record shall make available all of the information within
the public record that is not exempt. When making that public
record available for public inspection or copying that public
record, the public office or the person responsible for the public
record shall notify the requester of any redaction or make the
redaction plainly visible. A redaction shall be deemed a denial of
a request to inspect or copy the redacted information, except if
federal or state law authorizes or requires a public office to
make the redaction.
(2) To facilitate broader access to public records, a public
office or the person responsible for public records shall organize
and maintain public records in a manner that they can be made
available for inspection or copying in accordance with division
(B) of this section. A public office also shall have available a
copy of its current records retention schedule at a location
readily available to the public. If a requester makes an ambiguous
or overly broad request or has difficulty in making a request for
copies or inspection of public records under this section such
that the public office or the person responsible for the requested
public record cannot reasonably identify what public records are
being requested, the public office or the person responsible for
the requested public record may deny the request but shall provide
the requester with an opportunity to revise the request by
informing the requester of the manner in which records are
maintained by the public office and accessed in the ordinary
course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole,
the public office or the person responsible for the requested
public record shall provide the requester with an explanation,
including legal authority, setting forth why the request was
denied. If the initial request was provided in writing, the
explanation also shall be provided to the requester in writing.
The explanation shall not preclude the public office or the person
responsible for the requested public record from relying upon
additional reasons or legal authority in defending an action
commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or
federal law or in accordance with division (B) of this section, no
public office or person responsible for public records may limit
or condition the availability of public records by requiring
disclosure of the requester's identity or the intended use of the
requested public record. Any requirement that the requester
disclose the requestor's identity or the intended use of the
requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records
may ask a requester to make the request in writing, may ask for
the requester's identity, and may inquire about the intended use
of the information requested, but may do so only after disclosing
to the requester that a written request is not mandatory and that
the requester may decline to reveal the requester's identity or
the intended use and when a written request or disclosure of the
identity or intended use would benefit the requester by enhancing
the ability of the public office or person responsible for public
records to identify, locate, or deliver the public records sought
by the requester.
(6) If any person chooses to obtain a copy of a public
record
in
accordance with division (B) of this section,
the
public office
or person responsible for the public record may require that
person to pay in advance the cost involved in providing the copy
of the public record in accordance with the choice made by the
person seeking the copy under this division. The public office or
the person responsible for the public record shall
permit
that
person to
choose to have the public record duplicated
upon paper,
upon the same medium
upon which the public office or
person
responsible for the public record keeps
it, or upon
any
other
medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as
an integral part of the normal operations of the
public office or
person
responsible for the public record. When
the person
seeking
the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of
it in
accordance
with the choice made by
the person seeking the
copy. Nothing in this section requires a public office or person
responsible for the public record to allow the person seeking a
copy of the public record to make the copies of the public record.
(7) Upon a request made in accordance with division (B)
of
this section and subject to division (B)(6) of this section, a
public office or person responsible for public
records
shall
transmit a copy of a public record to any person by
United
States
mail or by any other means of delivery or transmission within a
reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public
record may
require the person making
the request to pay in advance
the cost of postage if the copy is transmitted by United States
mail or the cost of delivery if the copy is transmitted other than
by United States mail, and to pay in advance the costs incurred
for other
supplies used in
the mailing, delivery, or transmission.
Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail or by any other means of delivery or transmission
pursuant to this
division. A public office that
adopts a policy
and procedures
under this division shall comply
with them in
performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research.
(8) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(9) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, parole officer, prosecuting
attorney, assistant prosecuting attorney, correctional employee,
youth services employee, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, youth services
employee, firefighter, or EMT and, if the
peace officer's, parole
officer's, prosecuting attorney's, assistant prosecuting
attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's spouse, former spouse,
or
child is
employed by a
public office, the name and address of
the
employer
of the peace
officer's, parole officer's, prosecuting attorney's,
assistant prosecuting attorney's, correctional employee's, youth
services employee's, firefighter's, or EMT's spouse,
former
spouse, or
child.
The
request shall include the
journalist's name
and title
and the
name
and address of the
journalist's employer
and shall
state
that
disclosure of the
information sought would be
in the
public
interest.
As used in this division, "journalist"
means a
person engaged
in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire
service, a radio or television station, or a
similar medium, for
the purpose of gathering, processing,
transmitting, compiling,
editing, or disseminating information for
the
general public.
(C)(1) If a person allegedly is aggrieved by the failure of a
public office or the person responsible for public records to
promptly prepare a public record and to make
it
available to the
person for inspection in accordance with
division
(B) of this
section or by any other failure of a public
office or the person
responsible for public records to comply with an obligation in
accordance
with division (B) of this section, the person allegedly
aggrieved
may commence a mandamus action to obtain a judgment that
orders
the public office or the person responsible for the public
record
to comply with division (B) of this section, that
awards
court costs and
reasonable attorney's fees to the person that
instituted
the
mandamus action, and, if applicable, that includes
an order fixing statutory damages under division (C)(1) of this
section. The mandamus action may be commenced in the
court of
common pleas of the county in which division (B) of this
section
allegedly was not complied with, in the supreme court
pursuant to
its original jurisdiction under Section 2 of Article
IV, Ohio
Constitution, or in the court of appeals for the
appellate
district in which division (B) of this section
allegedly
was not
complied with pursuant to its original
jurisdiction under
Section
3 of Article IV, Ohio Constitution.
If a requestor transmits a written request by hand delivery
or certified mail to inspect or receive copies of any public
record in a manner that fairly describes the public record or
class of public records to the public office or person responsible
for the requested public records, except as otherwise provided in
this section, the requestor shall be entitled to recover the
amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance
with division (B) of this section.
The amount of statutory damages shall be fixed at one hundred
dollars for each business day during which the public office or
person responsible for the requested public records failed to
comply with an obligation in accordance with division (B) of this
section, beginning with the day on which the requester files a
mandamus action to recover statutory damages, up to a maximum of
one thousand dollars. The award of statutory damages shall not be
construed as a penalty, but as compensation for injury arising
from lost use of the requested information. The existence of this
injury shall be conclusively presumed. The award of statutory
damages shall be in addition to all other remedies authorized by
this section.
The court may reduce an award of statutory damages or not
award statutory damages if the court determines both of the
following:
(a) That, based on the ordinary application of statutory law
and case law as it existed at the time of the conduct or
threatened conduct of the public office or person responsible for
the requested public records that allegedly constitutes a failure
to comply with an obligation in accordance with division (B) of
this section and that was the basis of the mandamus action, a
well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct
or threatened conduct of the public office or person responsible
for the requested public records did not constitute a failure to
comply with an obligation in accordance with division (B) of this
section;
(b) That a well-informed public office or person responsible
for the requested public records reasonably would believe that the
conduct or threatened conduct of the public office or person
responsible for the requested public records would serve the
public policy that underlies the authority that is asserted as
permitting that conduct or threatened conduct.
(2)(a) If the court issues a writ of mandamus that orders the
public office or the person responsible for the public record to
comply with division (B) of this section and determines that the
circumstances described in division (C)(1) of this section exist,
the court shall determine and award to the relator all court
costs.
(b) If the court renders a judgment that orders the public
office or the person responsible for the public record to comply
with division (B) of this section, the court may award reasonable
attorney's fees subject to reduction as described in division
(C)(2)(c) of this section. The court shall award reasonable
attorney's fees, subject to reduction as described in division
(C)(2)(c) of this section when either of the following applies:
(i) The public office or the person responsible for the
public records failed to respond affirmatively or negatively to
the public records request in accordance with the time allowed
under division (B) of this section.
(ii) The public office or the person responsible for the
public records promised to permit the relator to inspect or
receive copies of the public records requested within a specified
period of time but failed to fulfill that promise within that
specified period of time.
(c) Court costs and reasonable attorney's fees awarded under
this section shall be construed as remedial and not punitive.
Reasonable attorney's fees shall include reasonable fees incurred
to produce proof of the reasonableness and amount of the fees and
to otherwise litigate entitlement to the fees. The court may
reduce an award of attorney's fees to the relator or not award
attorney's fees to the relator if the court determines both of the
following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of the conduct or
threatened conduct of the public office or person responsible for
the requested public records that allegedly constitutes a failure
to comply with an obligation in accordance with division (B) of
this section and that was the basis of the mandamus action, a
well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct
or threatened conduct of the public office or person responsible
for the requested public records did not constitute a failure to
comply with an obligation in accordance with division (B) of this
section;
(ii) That a well-informed public office or person responsible
for the requested public records reasonably would believe that the
conduct or threatened conduct of the public office or person
responsible for the requested public records as described in
division (C)(2)(c)(i) of this section would serve the public
policy that underlies the authority that is asserted as permitting
that conduct or threatened conduct.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) To ensure that all employees of public offices are
appropriately educated about a public office's obligations under
division (B) of this section, all elected officials or their
appropriate designees shall attend training approved by the
attorney general as provided in section 109.43 of the Revised
Code. In addition, all public offices shall adopt a public records
policy in compliance with this section for responding to public
records requests. In adopting a public records policy under this
division, a public office may obtain guidance from the model
public records policy developed and provided to the public office
by the attorney general under section 109.43 of the Revised Code.
Except as otherwise provided in this section, the policy may not
limit the number of public records that the public office will
make available to a single person, may not limit the number of
public records that it will make available during a fixed period
of time, and may not establish a fixed period of time before it
will respond to a request for inspection or copying of public
records, unless that period is less than eight hours.
(2) The public office shall distribute the public records
policy adopted by the public office under division (E)(1) of this
section to the employee of the public office who is the records
custodian or records manager or otherwise has custody of the
records of that office. The public office shall require that
employee to acknowledge receipt of the copy of the public records
policy. The public office shall create a poster that describes its
public records policy and shall post the poster in a conspicuous
place in the public office and in all locations where the public
office has branch offices. The public office may post its public
records policy on the internet web site of the public office if
the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies
and procedures for all employees of the public office shall
include the public records policy of the public office in the
manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (F)(1)
and (2) of this
section,
"surveys, marketing, solicitation, or
resale for commercial
purposes"
shall be narrowly construed and does not include
reporting or
gathering
news, reporting or gathering information to
assist
citizen oversight or
understanding of the operation or
activities
of government, or nonprofit
educational research.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under
eighteen years of
age or a mentally
retarded, developmentally
disabled, or
physically impaired child under
twenty-one years of
age has
suffered or faces a
threat of suffering any physical or
mental
wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child shall fail to
immediately report
that knowledge or reasonable cause to suspect
to the entity or
persons specified in this division. Except as
provided in section
5120.173 of the Revised Code, the person
making the report shall
make it to the public
children services
agency or a municipal or
county peace officer in
the county in
which the child resides or
in which the abuse or
neglect is
occurring or has occurred.
In the
circumstances described in
section 5120.173 of the Revised Code,
the person making the report
shall make it to the entity specified
in that section.
(b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist; speech pathologist or audiologist;
coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county
humane society; person, other than a cleric, rendering
spiritual
treatment through prayer in
accordance with the tenets
of a
well-recognized religion; superintendent, board member, or
employee of a county board of mental retardation; investigative
agent contracted with by a county board of mental retardation;
employee of the department of mental retardation and developmental
disabilities; employee of a facility or home that provides respite
care in accordance with section 5123.171 of the Revised Code;
employee of a home health agency; employee of an entity that
provides homemaker services; a person performing the duties of an
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;
or third party employed by a public children services agency to
assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an
attorney-client or physician-patient
relationship,
if, in
accordance with division (A) or (B)
of section
2317.02 of
the
Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any
testimonial
privilege
under division (A) or (B) of section 2317.02
of the
Revised
Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section
with
respect to that communication, if all
of the following apply:
(a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result
of the
communication or
any observations made during that
communication,
that the client
or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient.
(c) The abuse or neglect
does not
arise out of
the client's
or patient's attempt, prior to the effective date of this
amendment, to have an
abortion without the
notification
of her
parents, guardian, or
custodian in accordance with former section
2151.85 of the Revised Code as it existed immediately prior to
that date.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B)
Anyone
who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under
eighteen
years of age
or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or reasonable cause to
suspect
to the
entity or persons specified in this division.
Except as provided
in section 5120.173 of the Revised Code, a
person making a report
or causing a report to be made under this
division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the
Revised Code, a person making
a report or causing a report to be
made under this division shall
make it or cause it to be made to
the entity specified in that
section.
(C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the
child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the
threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including
any
evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may
take or cause to be
taken color photographs of areas of trauma
visible on a child and,
if medically indicated, cause to be
performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1)
When a municipal or county peace
officer receives a
report concerning the possible
abuse or neglect
of a child or the
possible threat of abuse or
neglect of a child,
upon receipt of
the report, the municipal or county peace officer
who
receives the
report shall refer the report to the appropriate
public children
services
agency.
(2)
When a public children services agency
receives a report
pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency
shall do both of the following:
(a) Comply with section 2151.422 of
the Revised
Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of child
abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of
a threat of child
abuse or child neglect that is
known or reasonably suspected or believed to exist that
is
referred to it under this section
to determine the
circumstances
surrounding the injuries, abuse, or
neglect or the
threat of
injury, abuse, or neglect, the cause of
the injuries,
abuse,
neglect, or threat, and the person or persons
responsible.
The
investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of
understanding
prepared under
division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case
to the uniform statewide automated child welfare information
system that
the department of job and family
services
shall
maintain in accordance with section 5101.13 of the Revised Code.
The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency.
(2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which
it
is alleged and proved that participation in the making of a
report
under this section was not in good faith or participation
in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The
information provided in a report made pursuant to this
section
and
the name of the person who made the report shall not
be
released
for use, and shall not be used, as evidence in any
civil
action or
proceeding brought against the person who made
the
report. In a
criminal proceeding, the report is admissible
in
evidence in
accordance with the Rules of Evidence and is
subject
to discovery
in accordance with the Rules of Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing
of
the
disposition of the investigation.
The agency shall not
provide to the person
any information that
identifies the
person
who made the report, statements of
witnesses, or police or other
investigative reports.
(I) Any report that is required by this section, other than
a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following:
(a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative;
(b) If there is more than
one juvenile
judge in the county,
a
juvenile judge or the
juvenile judges' representative selected
by
the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county;
(g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(K)(1) Except as provided in division
(K)(4) of this
section,
a person who is required to make
a report pursuant to
division (A)
of this section may
make a reasonable number of
requests of the
public children services
agency that receives or
is
referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with
the following
information:
(a) Whether the agency or center has initiated an
investigation of the
report;
(b) Whether the agency or center is continuing to
investigate
the
report;
(c) Whether the agency or center is otherwise
involved
with
the child
who is the subject of the report;
(d) The general status of the health and safety of the
child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the
report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report.
Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section.
(L) The director of job and
family services shall
adopt
rules
in accordance
with Chapter 119. of the Revised Code to
implement
this section. The department of job and family services
may
enter
into a
plan of cooperation with
any other governmental
entity to
aid in ensuring that children
are protected from abuse
and
neglect. The department shall make
recommendations to the
attorney
general that the department
determines are necessary to
protect
children from child abuse and
child neglect.
(M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports.
(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2305.11. (A) An action for libel, slander, malicious
prosecution,
or false imprisonment, an action for malpractice
other than an
action upon a medical, dental, optometric, or
chiropractic claim,
or an action
upon a statute for a penalty or
forfeiture shall be
commenced within one year
after the cause of
action accrued, provided that an action by an employee
for the
payment of
unpaid minimum wages, unpaid overtime compensation, or
liquidated
damages by reason of the nonpayment of minimum wages
or
overtime
compensation shall be commenced within two years
after
the cause
of action accrued.
(B) A civil action for unlawful abortion pursuant to
section
2919.12 of the Revised Code, a
civil action
authorized by
division
(H)(C) of section 2317.56 of
the Revised Code,
a civil
action
pursuant to division (B)(1) or
(2) of section
2307.51
2307.53 of the
Revised Code for performing
a dilation and
extraction procedure
or
attempting to perform a
dilation and
extraction partial birth procedure prior to the
effective date of
this amendment in
violation of
former section
2919.15 2919.151 of
the Revised Code as it existed prior to the
effective date of
this amendment, and a civil
action pursuant to
division
(B)(1) or
(2) of section 2307.52 of
the Revised Code for
terminating or
attempting to terminate a
human pregnancy after
viability prior
to the effective date of this amendment in
violation of
division
(A) or
(B) of former section 2919.17 of the
Revised Code as they
existed prior to the effective date of this
amendment, and a
civil action pursuant to section 4731.91 or
5101.55 of the
Revised Code shall be commenced
within one year
after the
performance or inducement of the
abortion, within
one
year after
the attempt to perform or induce
the abortion in
violation of
division (A) or (B) of former section
2919.17 of the
Revised Code
as it existed prior to the effective date of this
amendment,
within one year
after the performance
of the dilation
and
extraction partial birth procedure, or, in the
case of a
civil
action pursuant to division (B)(2) of section 2307.51 of the
Revised Code, within one year after the attempt to perform the
dilation and
extraction procedure within one year after the
conduct in violation of section 4731.91 or 5101.55 of the Revised
Code, whichever is applicable.
(C) As used in this section, "medical claim," "dental
claim,"
"optometric claim," and "chiropractic claim" have the same
meanings as in section 2305.113 of the Revised Code.
Sec. 2307.52. (A) As used in this section:
(1) "Frivolous conduct" has the same meaning as in section
2323.51 of the Revised Code.
(2) "Viable" has the same meaning as in former section
2919.16 of the
Revised Code as it existed prior to the effective
date of this amendment.
(B)(1) A woman upon whom, prior to the effective date of this
amendment, an abortion is purposely
performed or induced or
attempted to be performed or induced
in violation of division (A)
of former section 2919.17 of the
Revised Code
as it existed prior
to the effective date of this amendment has and may commence a
civil action for compensatory damages,
punitive or exemplary
damages if authorized by section 2315.21
of the Revised Code, and
court costs and
reasonable attorney's fees against the person who
purposely
performed or induced or attempted to perform or induce
the
abortion in violation of division (A) of former section
2919.17
of the Revised Code as it existed prior to the effective
date of this amendment.
(2) A woman upon whom, prior to the effective date of this
amendment, an abortion is purposely performed or
induced or
attempted to be performed or induced in violation of division
(B)
of former section 2919.17 of the Revised Code as it existed prior
to the effective date of this amendment has and may
commence a
civil action for compensatory damages, punitive or
exemplary
damages if authorized by section 2315.21 of the
Revised Code, and
court costs and reasonable
attorney's fees against the person who
purposely performed or
induced or attempted to perform or induce
the abortion in
violation of division (B) of former section
2919.17 of the
Revised Code as it existed prior to the effective
date of this amendment.
(C) If a judgment is rendered in favor of the defendant
in a
civil action commenced pursuant to division (B)(1)
or (2) of this
section and the court finds, upon the filing of a
motion under
section 2323.51 of the Revised Code,
that the commencement of the
civil action constitutes frivolous
conduct and that the defendant
was adversely affected by the
frivolous conduct, the court shall
award in accordance with
section 2323.51 of the Revised Code
reasonable
attorney's fees to the defendant.
Sec. 2307.53. (A) As used in this section:
(1) "Frivolous conduct" has the same meaning as in section
2323.51 of
the Revised Code.
(2) "Partial birth procedure" has the same meaning as in
former section
2919.151 of the Revised Code as it existed prior to
the effective date of this amendment.
(B) A woman upon whom, prior to the effective date of this
amendment, a partial birth procedure is performed in
violation of
division (B) or (C) of former section 2919.151 of the
Revised Code
as it existed prior to the effective date of this amendment, the
father
of the child if the child was not conceived by rape, or the
parent of the
woman if the woman is not eighteen years of age or
older at the time of the
violation has
and may commence a civil
action for compensatory damages, punitive
or exemplary damages if
authorized by section 2315.21 of the
Revised Code, and court costs
and
reasonable attorney's fees against the person who committed
the
violation.
(C) If a judgment is rendered in favor of the defendant in a
civil
action commenced pursuant to division (B) of this section
and the
court finds, upon the filing of a motion under section
2323.51 of the
Revised Code, that the commencement of the civil
action
constitutes frivolous conduct and that the defendant was
adversely affected by
the frivolous conduct, the court shall award
in accordance with section 2323.51 of the Revised Code
reasonable
attorney's fees to the defendant.
Sec. 2317.56. (A) As used in this section:
(1) "Medical emergency" means a condition of a pregnant
woman
that, in the reasonable judgment of the physician who is
attending
the woman, creates an immediate threat of serious risk
to the life
or physical health of the woman from the continuation
of the
pregnancy necessitating the immediate performance or
inducement of
an abortion.
(2) "Medical necessity" means a medical condition of a
pregnant woman that, in the reasonable judgment of the physician
who is attending the woman, so complicates the pregnancy that it
necessitates the immediate performance or inducement of an
abortion.
(3) "Probable gestational age of the embryo or fetus"
means
the gestational age that, in the judgment of a physician,
is, with
reasonable probability, the gestational age of the
embryo or fetus
at the time that the physician informs a pregnant
woman pursuant
to division (B)(1)(b) of this section.
(B) Except when there is a medical emergency or medical
necessity, an abortion shall be performed or induced only if all
of the following conditions are satisfied:
(1) At least twenty-four hours prior to the performance or
inducement of the abortion, a physician meets with the pregnant
woman in
person in an individual, private setting and gives her an
adequate opportunity
to ask questions about the abortion that will
be performed or induced. At
this meeting, the physician shall
inform the
pregnant
woman, verbally or, if she is hearing
impaired, by other
means of communication, of
all of the
following:
(a) The nature and purpose of the particular abortion
procedure to be used and the medical risks associated with that
procedure;
(b) The probable gestational age of the embryo or fetus;
(c) The medical risks associated with the pregnant woman
carrying the pregnancy to term.
The meeting need not occur at the facility where the abortion
is to be performed or induced, and the physician involved in the
meeting need
not be affiliated with that facility or with the
physician who is scheduled to
perform or induce the abortion.
(2) At least twenty-four hours prior to the performance or
inducement of the abortion, one or more physicians or one or more
agents of one or more physicians do each of the following in
person, by telephone, by certified mail, return receipt
requested,
or by regular mail evidenced by a certificate of
mailing:
(a) Inform the pregnant woman of the name of the physician
who is scheduled to perform or induce the abortion;
(b) Give the pregnant woman copies of the published
materials
described in division (C) of this section;
(c) Inform the pregnant woman that the materials given
pursuant to division
(B)(2)(b) of this section are
provided
by the
state and that they describe the embryo or fetus and list
agencies
that offer alternatives to abortion. The pregnant woman
may choose
to examine or not to examine the materials. A
physician or an
agent of a physician may
choose to be disassociated from the
materials and may choose to comment
or not comment on
the
materials.
(3) Prior to the performance or inducement of the
abortion,
the pregnant woman signs a form consenting to the
abortion and
certifies both of the following on that form:
(a) She has received the information and materials
described
in divisions (B)(1) and (2) of this
section, and
her questions
about the abortion that will be performed or
induced have been
answered in a satisfactory manner.
(b) She consents to the particular abortion voluntarily,
knowingly, intelligently, and without coercion by any person, and
she is not under the influence of any drug of abuse or alcohol.
(4) Prior to the performance or inducement of the
abortion,
the physician who is scheduled to perform or induce the
abortion
or the physician's agent receives a copy of the
pregnant woman's
signed form on which she consents to the abortion and that
includes the certification required by division (B)(3) of
this
section.
(C) The department of health shall cause to be published
in
English and in Spanish, in a typeface large enough to be
clearly
legible, and in an easily comprehensible format, the
following
materials:
(1) Materials that inform the pregnant woman women about
family
planning information, of publicly funded agencies that are
available to assist in family planning, and of public and
private
agencies and services that are available to assist her
them
through the their pregnancy, upon childbirth, and while
the their
child is
dependent, including, but not limited to, adoption
agencies. The
materials shall be geographically indexed; include a
comprehensive list of the available agencies, a description of
the
services offered by the agencies, and the telephone numbers
and
addresses of the agencies; and inform the pregnant woman
women
about available medical assistance benefits for prenatal care,
childbirth, and neonatal care and about the support obligations
of
the father of a child who is born alive. The department shall
ensure that the materials described in division (C)(A)(1) of this
section are comprehensive and do not directly or indirectly
promote, exclude, or discourage the use of any agency or service
described in this division.
(2) Materials that inform the pregnant woman women of the
probable anatomical and physiological characteristics of the
their
zygote, blastocyte, embryo, or fetus at two-week gestational
increments for the first sixteen weeks of pregnancy and at
four-week gestational increments from the seventeenth week of
pregnancy to full term, including any relevant information
regarding the time at which the their fetus possibly would be
viable.
The department shall cause these materials to be
published
only
after it consults with the Ohio state medical
association and
the
Ohio section of the American college of
obstetricians and
gynecologists relative to the probable
anatomical and
physiological characteristics of a zygote,
blastocyte, embryo, or
fetus at the various gestational
increments. The materials shall
use language that is
understandable by the average person who is
not medically trained,
shall be objective and nonjudgmental, and
shall include only
accurate scientific information about the
zygote, blastocyte,
embryo, or fetus at the various gestational
increments. If the
materials use a pictorial, photographic, or
other depiction to
provide information regarding the zygote,
blastocyte, embryo, or
fetus, the materials shall include, in a
conspicuous manner, a
scale or other explanation that is
understandable by the average
person and that can be used to
determine the actual size of the
zygote, blastocyte, embryo, or
fetus at a particular gestational
increment as contrasted with
the
depicted size of the zygote,
blastocyte, embryo, or fetus at
that
gestational increment.
(D)(B) Upon the submission of a request to the department of
health by any person, hospital, physician, or medical facility
for
one or more copies of the materials published in accordance
with
division (C)(A) of this section, the
department shall make the
requested number of copies of the
materials available to the
person, hospital, physician, or
medical facility that requested
the copies.
(E) If a medical emergency or medical necessity compels
the
performance or inducement of an abortion, the physician who
will
perform or induce the abortion, prior to its performance or
inducement if possible, shall inform the pregnant woman of the
medical indications supporting the physician's judgment that
an
immediate
abortion is necessary. Any physician who performs or
induces an
abortion without the prior satisfaction of the
conditions
specified in division (B) of this section because of a
medical
emergency or medical necessity shall enter the reasons for
the
conclusion that a medical emergency or medical necessity
exists
in the medical record of the pregnant woman.
(F) If the conditions specified in division (B) of this
section are satisfied, consent to an abortion shall be presumed
to
be valid and effective.
(G) The performance or inducement of an abortion without
the
prior satisfaction of the conditions specified in division
(B) of
this section does not constitute, and shall not be
construed as
constituting, a violation of division (A) of section
2919.12 of
the Revised Code. The failure of a physician to
satisfy the
conditions of division (B) of this section prior to
performing or
inducing an abortion upon a pregnant woman may be
the basis of
both of the following:
(1) A civil action for compensatory and exemplary damages
as
described in division (H) of this section;
(2) Disciplinary action under section 4731.22 of the
Revised
Code.
(H)(C)(1) Subject to divisions (H) division (C)(2) and (3) of
this
section, any physician who performs or induces an abortion
with
actual knowledge that the conditions specified in division
(B) of
this section have not been satisfied or with a heedless
indifference as to whether those conditions have been satisfied
in
violation of section 2919.12 of the Revised Code is liable in
compensatory and exemplary damages in a civil action
to the
persons specified in division (C) of that section and to any
person, or the representative of the estate of any person,
who
sustains injury, death, or loss to person or property as a
result
of the failure to satisfy those conditions abortion. In the civil
action, the court additionally may enter any injunctive or other
equitable relief that it considers appropriate.
(2) The following shall be affirmative defenses in a civil
action authorized by division (H)(1) of this section:
(a) The physician performed or induced the abortion under
the
circumstances described in division (E) of this section.
(b) The physician made a good faith effort to satisfy the
conditions specified in division (B) of this section.
(c) The physician or an agent of the physician requested
copies of the materials published in accordance with division (C)
of this section from the department of health, but
the physician
was not able to give a pregnant woman copies of the
materials
pursuant to division (B)(2) of this section and
to
obtain a
certification as described in divisions (B)(3) and
(4)
of this
section because the department failed to make the
requested number
of copies available to the physician or
agent in accordance with
division (D) of this section.
(3) An employer or other principal is not liable in
damages
in a civil action authorized by division (H)(C)(1) of this
section
on the basis of the doctrine of respondeat superior
unless either
of the following applies:
(a) The employer or other principal had actual knowledge
or,
by the exercise of reasonable diligence, should have known
that an
employee or agent performed or induced an abortion
with
actual
knowledge that the conditions specified in division (B) of
this in
violation of section had not been satisfied or with a heedless
indifference as to whether those conditions had been satisfied
2919.12 of the Revised Code.
(b) The employer or other principal negligently failed to
secure the compliance of an employee or agent with division
(B)
of
this section.
(4) Notwithstanding division (E) of section 2919.12 of the
Revised Code, the civil action authorized by division (H)(1) of
this section shall be the exclusive civil remedy for persons, or
the representatives of estates of persons, who allegedly sustain
injury, death, or loss to person or property as a result of a
failure to satisfy the conditions specified in division (B) of
this section.
(I)(D) The department of job and family services shall
prepare and conduct a public information program to inform women
of all
available governmental programs and agencies that provide
services or assistance for family planning, prenatal care, child
care, or alternatives to abortion.
Sec. 2505.02. (A) As used in this section:
(1) "Substantial right" means a right that the United
States
Constitution, the Ohio
Constitution, a statute, the common
law, or
a rule of procedure entitles a person to enforce or protect.
(2) "Special proceeding" means an action or proceeding that
is specially
created by statute and that prior to 1853 was not
denoted as an action at law
or a suit in equity.
(3) "Provisional remedy" means a proceeding ancillary to an
action,
including, but not limited to, a proceeding for a
preliminary injunction,
attachment, discovery of privileged
matter,
suppression of evidence, a prima-facie showing pursuant
to
section 2307.85 or 2307.86 of the Revised Code, a prima-facie
showing pursuant to section 2307.92 of the Revised Code, or a
finding made pursuant to division (A)(3) of section 2307.93 of the
Revised Code.
(B) An order is a final order that may be reviewed, affirmed,
modified, or reversed, with or without retrial, when it is one of
the
following:
(1) An order that affects a substantial right in an action
that in
effect determines the action and prevents a judgment;
(2) An order that affects a
substantial right made in a
special proceeding or upon a summary application
in an action
after judgment;
(3) An order
that vacates or sets aside a judgment
or grants
a new trial;
(4) An order that grants or denies a provisional remedy and
to which both
of the following apply:
(a) The order in effect determines the action with respect to
the
provisional remedy and prevents a judgment in the action in
favor of the
appealing party with respect to the provisional
remedy.
(b) The appealing party would not be afforded a meaningful or
effective remedy by an appeal following final judgment as to all
proceedings,
issues, claims, and parties in the action.
(5) An order that determines that an action may or may not be
maintained as a class action;
(6) An order determining the constitutionality of any changes
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general
assembly, including the amendment of sections 1751.67, 2117.06,
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,
3923.64, 4705.15, and 5111.018, and the enactment of sections
2305.113, 2323.41, 2323.43, and 2323.55, and the amendment of
former section 2919.16 of the Revised Code or any changes made by
Sub. S.B. 80 of the 125th general assembly, including the
amendment of sections 2125.02, 2305.10, 2305.131, 2315.18,
2315.19, and 2315.21 of the Revised Code.
(C) When a court issues an order that vacates or sets aside a
judgment or grants a
new trial, the court, upon the request of
either party, shall state in the
order the grounds upon which the
new trial is granted or the judgment vacated
or set aside.
(D) This section applies to and governs any action, including
an
appeal, that is pending in any court on July 22, 1998,
and all
claims filed or actions commenced on or after July 22, 1998,
notwithstanding
any provision of any prior statute or rule of
law
of this state.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial
risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or
other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss
to its value or interferes with its use or enjoyment.
"Physical
harm to property" does not include wear and tear
occasioned by
normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would
normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property
or requires a substantial amount of time, effort, or
money to
repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property
or substantially interferes with its use or enjoyment
for
an
extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that
certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,
2909.02, 2909.03,
2909.24,
2911.01, 2911.02, 2911.11, 2917.01,
2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or
2923.161, of division (A)(1), (2), or
(3) of section 2911.12, or
of division (B)(1), (2), (3), or (4) of section
2919.22 of the
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other
state or the United States, committed purposely or
knowingly, and
involving physical harm to persons or a risk of
serious physical
harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of
this section.
(10)(a) "Property" means any property, real or
personal,
tangible or intangible, and any interest or license in
that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with
computers, other documents
associated with computers, or copies of
the documents, whether in
machine or human readable form, trade
secrets, trademarks,
copyrights, patents, and property protected
by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10)
of this section, "trade
secret" has the same meaning as in section 1333.61
of the Revised
Code, and "telecommunications service" and
"information
service"
have the same
meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of
this section,
"cable television service," "computer," "computer
software,"
"computer system," "computer network," "data,"
and
"telecommunications device" have the same
meanings as in section
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of
a
township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its
agencies, instrumentalities, or political subdivisions, upon
whom,
by statute, a duty to conserve the peace or to enforce all
or
certain laws is imposed and the authority to arrest violators
is
conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of
the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within
the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01
of the Revised Code as a special patrolling
officer during riot or
emergency, for the purposes and during the time when
the person is
appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic
violence;
(h) A prosecuting attorney, assistant prosecuting
attorney,
secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under
section
5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit
authority under division (Y) of section 306.35 of the
Revised
Code;
(k) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the
house of representatives sergeant at arms
has
arrest authority
pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house of representatives sergeant at
arms;
(m) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has
scheduled operations, as defined in
section 119.3 of Title 14 of
the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and
that is required to be under a
security program and is governed by
aviation security rules of the
transportation security
administration of the United States
department of transportation
as provided in Parts 1542. and 1544.
of Title 49 of the Code of
Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising
out of status, position, office, or relationship, or
growing out
of necessity.
(13) "Contraband" means any property that is illegal for a
person
to acquire or possess under a statute, ordinance, or rule,
or that a trier of fact lawfully determines to be illegal to
possess by reason of the property's involvement in an offense.
"Contraband" includes, but is not limited to, all of the
following:
(a) Any controlled substance, as defined in section
3719.01
of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity"
relative
to a charge of an offense only if the person proves, in the
manner
specified in section 2901.05 of the Revised Code, that at
the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as
used
in any section contained in Title XXIX
of the Revised Code
that
sets forth a criminal offense,
"person" includes all of the
following:
(i) An individual, corporation, business trust, estate,
trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the
Revised Code that does not set forth a
criminal offense, "person"
includes an individual, corporation, business
trust, estate,
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the
species
Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human
fetus
at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in
no
case
shall the portion of the definition of the term "person"
that
is set forth in
division (B)(1)(a)(ii) of this section be
applied
or construed in any section contained in Title XXIX of the
Revised
Code that sets forth a criminal offense in any of the
following
manners:
(a) Except as otherwise provided in division (B)(2)(a) of
this section, in a
manner so that the offense prohibits or is
construed as
prohibiting any pregnant woman or her physician from
performing an abortion
with the consent of the pregnant woman,
with the consent of the pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section 2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if
it does not comply with section 2919.12 of the
Revised Code.
(b) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following:
(i)(a) Her delivery of a stillborn baby;
(ii)(b) Her causing, in any other manner, the death in
utero
of
a viable, unborn human that she is carrying;
(iii)(c) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is a viable, unborn human;
(iv)(d) Her causing her child who is born alive to
sustain
one
or more injuries while the child is a viable, unborn human;
(v)(e) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to a viable, unborn human
that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone"
consists of a school, school
building, school premises, school
activity, and school bus.
(2) "School," "school building," and "school premises" have
the same
meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted
village, joint vocational, or cooperative education
school
district; a governing authority of a community school established
under Chapter 3314. of the Revised Code; a governing board of an
educational service center,
or
the governing body of a school for
which the
state board of
education prescribes minimum standards
under
section 3301.07 of
the Revised
Code.
(4) "School bus" has the same meaning as in section
4511.01
of the Revised
Code.
Sec. 2903.09. As used in sections 2903.01 to 2903.08,
2903.11 to 2903.14,
2903.21, and 2903.22 of the Revised
Code:
(A) "Unlawful termination of another's
pregnancy" means
causing the death of an unborn member of the species homo
sapiens,
who is or was carried in the womb of another, as a result of
injuries
inflicted during the period that begins with
fertilization and that continues
unless and until live birth
occurs.
(B) "Another's unborn" or "such other person's unborn" means
a
member of the species homo sapiens, who is or was carried in the
womb of
another, during a period that begins with fertilization
and that continues
unless and until live birth occurs.
(C) Notwithstanding divisions (A) and (B) of
this section, in
no case shall the definitions of the terms "unlawful
termination
of another's
pregnancy," "another's unborn," and "such other
person's unborn" that are set
forth in division (A) of this
section be
applied or construed in any of the following manners:
(1) Except as otherwise provided in division (C)(1) of this
section, in a manner so that the offense prohibits or is construed
as
prohibiting any pregnant woman or her physician from performing
an abortion
with the actual consent of the pregnant woman, with
the consent of the
pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the
Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section
2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as
a
violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
(2) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following:
(a)(1) Her delivery of a stillborn baby;
(b)(2) Her causing, in any other manner, the death in
utero
of an unborn that she is carrying;
(c)(3) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is an unborn;
(d)(4) Her causing her child who is born alive to
sustain one
or more injuries while the child is an unborn;
(e)(5) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to an unborn
that she is carrying.
Sec. 2919.12. (A) No person shall perform or induce an
abortion without the informed
consent of the pregnant woman.
(B)(1)(a) No person shall knowingly perform or induce an
abortion upon a woman who is pregnant, unmarried, under eighteen
years of age, and unemancipated unless at least one of the
following applies:
(i) Subject to division (B)(2) of this section, the person
has given at least twenty-four hours actual notice, in person or
by telephone, to one of the woman's parents, her guardian, or her
custodian as to the intention to perform or induce the abortion,
provided that if the woman has requested, in accordance with
division (B)(1)(b) of this section, that notice be given to a
specified brother or sister of the woman who is twenty-one years
of age or older or to a specified stepparent or grandparent of
the
woman instead of to one of her parents, her guardian, or her
custodian, and if the person is notified by a juvenile court that
affidavits of the type described in that division have been filed
with that court, the twenty-four hours actual notice described in
this division as to the intention to perform or induce the
abortion shall be given, in person or by telephone, to the
specified brother, sister, stepparent, or grandparent instead of
to the parent, guardian, or custodian;
(ii) One of the woman's parents, her guardian, or her
custodian has consented in writing to the performance or
inducement of the abortion;
(iii) A juvenile court pursuant to section 2151.85 of the
Revised Code issues an order authorizing the woman to consent to
the abortion without notification of one of her parents, her
guardian, or her custodian;
(iv) A juvenile court or a court of appeals, by its
inaction,
constructively has authorized the woman to consent to
the abortion
without notification of one of her parents, her
guardian, or her
custodian under division (B)(1) of section
2151.85 or division (A)
of section 2505.073 of the Revised Code.
(b) If a woman who is pregnant, unmarried, under eighteen
years of age, and unemancipated desires notification as to a
person's intention to perform or induce an abortion on the woman
to be given to a specified brother or sister of the woman who is
twenty-one years of age or older or to a specified stepparent or
grandparent of the woman instead of to one of her parents, her
guardian, or her custodian, the person who intends to perform or
induce the abortion shall notify the specified brother, sister,
stepparent, or grandparent instead of the parent, guardian, or
custodian for purposes of division (B)(1)(a)(i) of this
section if
all of the following apply:
(i) The woman has requested the person to provide the
notification to the specified brother, sister, stepparent, or
grandparent, clearly has identified the specified brother,
sister,
stepparent, or grandparent and her relation to that
person, and,
if the specified relative is a brother or sister,
has indicated
the age of the brother or sister;
(ii) The woman has executed an affidavit stating that she
is
in fear of physical, sexual, or severe emotional abuse from
the
parent, guardian, or custodian who otherwise would be
notified
under division (B)(1)(a)(i) of this section, and that
the fear is
based on a pattern of physical, sexual, or severe
emotional abuse
of her exhibited by that parent, guardian, or
custodian, has filed
the affidavit with the juvenile court of the
county in which the
woman has a residence or legal settlement,
the juvenile court of
any county that borders to any extent the
county in which she has
a residence or legal settlement, or the
juvenile court of the
county in which the hospital, clinic, or
other facility in which
the abortion would be performed or
induced is located, and has
given the court written notice of the
name and address of the
person who intends to perform or induce
the abortion;
(iii) The specified brother, sister, stepparent, or
grandparent has executed an affidavit stating that the woman has
reason to fear physical, sexual, or severe emotional abuse from
the parent, guardian, or custodian who otherwise would be
notified
under division (B)(1)(a)(i) of this section, based on a
pattern of
physical, sexual, or severe emotional abuse of her by
that parent,
guardian, or custodian, and the woman or the
specified brother,
sister, stepparent, or grandparent has filed
the affidavit with
the juvenile court in which the affidavit
described in division
(B)(1)(b)(ii) of this section was filed;
(iv) The juvenile court in which the affidavits described
in
divisions (B)(1)(b)(ii) and (iii) of this section were filed
has
notified the person that both of those affidavits have been
filed
with the court.
(c) If an affidavit of the type described in division
(B)(1)(b)(ii) of this section and an affidavit of the type
described in division (B)(1)(b)(iii) of this section are filed
with a juvenile court and the court has been provided with
written
notice of the name and address of the person who intends
to
perform or induce an abortion upon the woman to whom the
affidavits pertain, the court promptly shall notify the person
who
intends to perform or induce the abortion that the affidavits
have
been filed. If possible, the notice to the person shall be
given
in person or by telephone.
(2) If division (B)(1)(a)(ii), (iii), or (iv) of this
section
does not apply, and if no parent, guardian, or custodian
can be
reached for purposes of division (B)(1)(a)(i) of this
section
after a reasonable effort, or if notification is to be
given to a
specified brother, sister, stepparent, or grandparent
under that
division and the specified brother, sister,
stepparent, or
grandparent cannot be reached for purposes of that
division after
a reasonable effort, no person shall perform or
induce such an
abortion without giving at least forty-eight hours
constructive
notice to one of the woman's parents, her guardian,
or her
custodian, by both certified and ordinary mail sent to the
last
known address of the parent, guardian, or custodian, or if
notification for purposes of division (B)(1)(a)(i) of this
section
is to be given to a specified brother, sister,
stepparent, or
grandparent, without giving at least forty-eight
hours
constructive notice to that specified brother, sister,
stepparent,
or grandparent by both certified and ordinary mail
sent to the
last known address of that specified brother, sister,
stepparent,
or grandparent. The forty-eight-hour period under
this division
begins when the certified mail notice is mailed. If a parent,
guardian, or custodian of the woman, or if
notification under
division (B)(1)(a)(i) of this section is to be
given to a
specified brother, sister, stepparent, or grandparent,
the
specified brother, sister, stepparent, or grandparent, is not
reached within the forty-eight-hour period, the abortion may
proceed even if the certified mail notice is not received.
(3) If a parent, guardian, custodian, or specified
brother,
sister, stepparent, or grandparent who has been notified
in
accordance with division (B)(1) or (2) of this section clearly
and
unequivocally expresses that he or she does not
wish to
consult
with a pregnant woman prior to her abortion, then the
abortion may
proceed without any further waiting period.
(4) For purposes of prosecutions for a violation of
division
(B)(1) or (2) of this section, it shall be a rebuttable
presumption that a woman who is unmarried and under eighteen
years
of age is unemancipated.
(C)(1) It is an affirmative defense to a charge under
division (B)(1) or (2) of this section that the pregnant woman
provided the person who performed or induced the abortion with
false, misleading, or incorrect information about her age,
marital
status, or emancipation, about the age of a brother or
sister to
whom she requested notice be given as a specified
relative instead
of to one of her parents, her guardian, or her
custodian, or about
the last known address of either of her
parents, her guardian, her
custodian, or a specified brother,
sister, stepparent, or
grandparent to whom she requested notice
be given and the person
who performed or induced the abortion did
not otherwise have
reasonable cause to believe the pregnant woman
was under eighteen
years of age, unmarried, or unemancipated, to
believe that the age
of a brother or sister to whom she requested
notice be given as a
specified relative instead of to one of her
parents, her guardian,
or her custodian was not twenty-one years
of age, or to believe
that the last known address of either of
her parents, her
guardian, her custodian, or a specified brother,
sister,
stepparent, or grandparent to whom she requested notice
be given
was incorrect.
(2) It is an affirmative defense to a charge under this
section that compliance with the requirements of this section was
not possible because an immediate threat of serious risk to the
life or physical health of the pregnant woman from the
continuation of her pregnancy created an emergency necessitating
the immediate performance or inducement of an abortion.
(D) Whoever violates division (A) of this section is
guilty
of unlawful abortion. A
violation of division (A) of this
section
is a misdemeanor of the first degree
on the first offense
and a
felony of the fourth degree on each subsequent
offense. A
violation of division (B) of this section is a misdemeanor of the
first degree on a first offense and a felony of the fifth
degree
on each subsequent offense Unlawful abortion is a felony of the
second
degree or, if the offender previously has been convicted
of or
pleaded guilty to a violation of this section, sections
2919.123,
2919.13, or 2919.14 of the Revised Code, or former
sections
2919.121, 2919.151, 2919.17, or 2919.18 of the Revised
Code as
they existed prior to the effective date of this
amendment, a
felony of the first degree.
(E)(C) Whoever violates this section is liable to the
pregnant woman, to the person who was the father of the fetus or
embryo that was the subject of the abortion, and, if the pregnant
woman was a minor at the time of the abortion, to her parents,
guardian, or custodian for civil
compensatory and exemplary
damages.
(F) As used in this section "unemancipated" means that a
woman who is
unmarried and under eighteen years of age has not
entered the armed services
of the United States, has not become
employed and self-subsisting, or has not
otherwise become
independent from the care and control of her parent,
guardian, or
custodian.
(D) Division (A) of this section does not apply to a
person
who provides medical treatment to a pregnant woman to
prevent the
death of the pregnant woman and who, as a proximate
result of the
provision of that medical treatment but without
intent to do so,
causes the termination of the pregnant woman's
pregnancy.
Sec. 2919.123. (A) No person shall knowingly give, sell,
dispense, administer, otherwise provide, or prescribe RU-486
(mifepristone) to
another for the purpose of inducing an abortion
in any person or
enabling the other person to induce an abortion
in any person,
unless the person who gives, sells, dispenses,
administers, or
otherwise provides or prescribes the RU-486
(mifepristone) is a
physician, the physician satisfies all the
criteria established by
federal law that a physician must satisfy
in order to provide RU-486 (mifepristone) for inducing
abortions,
and the physician provides the RU-486 (mifepristone) to the other
person for the purpose
of inducing an abortion in accordance with
all provisions of
federal law that govern the use of RU-486
(mifepristone) for
inducing abortions. A person who gives, sells,
dispenses, administers, otherwise provides, or prescribes RU-486
(mifepristone) to another as described in division (A) of this
section shall not be prosecuted based on a violation of the
criteria contained in this division unless the person knows that
the person is not a physician, that the person did not satisfy all
the specified criteria established by federal law, or that the
person did not provide the RU-486 (mifepristone) in accordance
with the specified provisions of federal law, whichever is
applicable.
(B) No physician who provides, prior to the effective date of
this amendment, provided RU-486 (mifepristone) to another for the
purpose of
inducing an
abortion as formerly authorized under
division (A)
of this section as it existed prior to the effective
date of this amendment shall
knowingly fail to comply with the
applicable
requirements of any federal law
that
pertain pertained
to follow-up examinations or care for persons to whom
or
for whom
RU-486 (mifepristone) is was provided for the purpose of
inducing
an abortion.
(C)(1) If a physician provides RU-486 (mifepristone) to
another for the purpose of inducing an
abortion as authorized
under division (A) of this section and if
the physician knows that
the person who uses the RU-486 (mifepristone) for the purpose of
inducing an abortion experiences during or after the use an
incomplete abortion, severe bleeding, or an adverse reaction to
the RU-486 (mifepristone) or is hospitalized, receives a
transfusion, or experiences any other serious event, the physician
promptly must provide a written report of the incomplete abortion,
severe bleeding, adverse reaction, hospitalization, transfusion,
or serious event to the state medical board. The state medical
board shall
compile and retain all reports it receives under this
division (C)(1) of this section as it existed prior to the
effective date of this amendment.
Except as otherwise provided in
this division, all reports the
board receives under this division
(C)(1) of this section as it existed prior to the effective date
of this amendment are public records open to
inspection under
section 149.43 of the Revised Code. In no case
shall the board
release to any person the name or any other
personal identifying
information regarding a person who uses
RU-486 (mifepristone) for
the purpose of inducing an abortion and
who is the subject of a
report the board receives under this
division (C)(1) of this
section as it existed prior to the effective date of this
amendment.
(2) No physician who provides RU-486 (mifepristone) to
another for the purpose of inducing an
abortion as formerly
authorized under division (A) of this section as it existed prior
to the effective date of this amendment shall
knowingly fail to
file a report required under division (C)(1) of this
section.
(D)
Division (A) of this section does not apply to any of
the
following:
(1) A
pregnant woman who obtains or possesses RU-486
(mifepristone) for
the purpose of inducing an abortion to
terminate her own
pregnancy;
(2) The legal transport of RU-486 (mifepristone) by any
person or entity and the legal delivery of the RU-486
(mifepristone) by any person to the recipient, provided that this
division does not apply regarding any conduct related to the
RU-486 (mifepristone) other than its transport and delivery to the
recipient;
(3) The distribution, provision, or sale of RU-486
(mifepristone) by any legal manufacturer or distributor of RU-486
(mifepristone), provided the manufacturer or distributor made a
good faith effort to comply with any applicable requirements of
federal law regarding the distribution, provision, or sale.
(E) Whoever violates this section is guilty of unlawful
distribution of an abortion-inducing drug,. Unlawful distribution
of an abortion-inducing drug is a felony of the fourth
second
degree. If or, if the offender previously has been convicted of or
pleaded guilty to a violation of this section or of, section
2919.12, 2919.121, 2919.13, or 2919.14 of the Revised Code, or
former section 2929.121, 2919.151, 2919.17, or 2919.18
of the
Revised Code as they existed prior to the date of this amendment,
unlawful distribution of an abortion-inducing
drug is a felony of
the third first degree.
If the offender is a professionally licensed person, in
addition to any other sanction imposed by law for the offense, the
offender is subject to sanctioning as provided by law by the
regulatory or licensing board or agency that has the
administrative authority to suspend or revoke the offender's
professional license, including the sanctioning provided in
section 4731.22 of the Revised Code for offenders who have a
certificate to practice or certificate of registration issued
under that chapter.
(F)(E) As used in this section:
(1) "Federal law" means any law, rule, or regulation of the
United States or any drug approval letter of the food and drug
administration of the United States that governs or regulates the
use of RU-486 (mifepristone) for the purpose of inducing
abortions.
(2) "Personal identifying information" has the same
meaning
as in section 2913.49 of the Revised Code.
(3) "Physician" has the same meaning as in section 2305.113
of the Revised Code.
(4)(3) "Professionally licensed person" has the same meaning
as
in section 2925.01 of the Revised Code.
Sec. 2919.13. (A) No person shall purposely take the life of
a child born by
attempted abortion who is alive when removed from
the uterus of the pregnant
woman.
(B) No person who performs an abortion prior to the effective
date of this amendment or who, on or after the effective date of
this amendment, performs or induces an abortion in violation of
section 2919.12 or administers RU-486 (mifepristone) to another
for the purpose of inducing an abortion in violation of section
2919.123 of the Revised Code, shall fail to take the measures
required by the exercise of medical judgment in light of the
attending
circumstances to preserve the life of a child who is
alive when removed from
the uterus of the pregnant woman.
(C) Whoever violates this section is guilty of abortion
manslaughter, a
felony of the first degree.
Sec. 2919.14. (A) No person shall experiment upon or sell
the product of
human conception which is aborted. Experiment does
not include autopsies
pursuant to sections 313.13 and 2108.50 of
the Revised Code.
(B) Whoever violates this section is guilty of abortion
trafficking, a
misdemeanor felony of the first degree.
Sec. 2919.24. (A) No person, including a parent, guardian,
or other custodian of a child, shall do
any of the
following:
(1) Aid, abet, induce, cause, encourage, or contribute to
a
child or a ward of the juvenile court becoming an unruly child,
as
defined in section 2151.022 of the Revised Code, or a
delinquent
child, as defined in section 2152.02 of the Revised
Code;
(2) Act in a way tending to cause a child or a ward of the
juvenile court to become an unruly child, as defined in section
2151.022 of the Revised Code, or a delinquent child, as defined
in
section 2152.02 of the Revised Code;
(3) If the person is the parent, guardian, or custodian of
a
child who has the duties under Chapters 2152. and 2950. of the
Revised Code
to register, register a new residence address, and
periodically verify a residence address, and, if applicable, to
send a notice of intent to reside, and if the child is not
emancipated, as defined in section 2919.121 of the Revised Code,
fail to ensure that the child complies with those duties under
Chapters 2152. and 2950. of the Revised Code.
(B) Whoever violates this section is guilty of
contributing
to the unruliness or delinquency of a child, a
misdemeanor of the
first degree. Each day of violation of this
section is a separate
offense.
(C) For the purposes of this section, a child is
"emancipated" if the child has married, entered the armed services
of the United States, become employed and self-subsisting, or
otherwise become legally independent from the care and control of
the child's parent, guardian, or custodian.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense that is not a registration-exempt
sexually oriented offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense and who is classified a juvenile
offender registrant based
on
that adjudication, each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
child-victim oriented offense and has a duty to register pursuant
to section 2950.041 of the Revised Code, and each person who is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall be
provided
notice in
accordance with
this section of the offender's
or
delinquent
child's duties imposed under sections
2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code and of the offender's duties to
similarly register, provide notice of a change, and verify
addresses in another state if the offender resides, is temporarily
domiciled, attends a school or institution of higher education, or
is employed in a state other than this state. A person who has
been convicted of, is convicted of, has pleaded guilty to, or
pleads guilty to a sexually oriented offense that is a
registration-exempt sexually oriented offense, and a person who is
or has been adjudicated a delinquent child for committing a
sexually oriented offense that is a registration-exempt sexually
oriented offense, does not have a duty to register under section
2950.04 of the Revised Code based on that conviction, guilty plea,
or adjudication, and no notice is required to be provided to that
person under this division based on that conviction, guilty plea,
or adjudication. The following
official shall
provide the notice
required under this division to the specified person at the
following time:
(1) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
for the sexually
oriented offense
or child-victim oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement, and if, on or
after January 1, 1997,
the offender is serving that term or is
under that confinement,
the official in charge of the jail,
workhouse, state correctional
institution, or other institution in
which the offender serves the
prison term, term of imprisonment,
or confinement, or a designee
of that official, shall provide the
notice to the offender before
the offender is released pursuant to
any type of supervised
release or before the offender otherwise is
released from the
prison term, term of imprisonment, or
confinement. This division applies to a child-victim oriented
offense if the offender is sentenced for the offense on or after
July 31, 2003, or if, prior to July 31, 2003, the child-victim
oriented offense was a sexually oriented offense and the offender
was sentenced as described in this division for the child-victim
oriented offense when it was designated a sexually oriented
offense. If a person was provided notice under this division prior
to July 31, 2003, in relation to an offense that, prior to July
31, 2003, was a sexually oriented offense but that, on and after
July 31, 2003, is a child-victim oriented offense, the notice
provided under this division shall suffice for purposes of this
section as notice to the offender of the offender's duties under
sections 2950.041, 2950.05, and 2950.06 of the Revised Code
imposed as a result of the conviction of or plea of guilty to the
child-victim oriented offense.
(2) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
for
the sexually oriented offense
on
or after January 1,
1997, or who is sentenced for the
child-victim oriented offense on or after July 31, 2003,
and if
division (A)(1) of this section
does not apply, the
judge
shall
provide the notice to the offender
at the time of
sentencing. If a
person was provided notice under this division prior to July 31,
2003, in relation to an offense that, prior to July 31, 2003,, was
a sexually oriented offense but that, on and after July 31, 2003,,
is a child-victim oriented offense, the notice so provided under
this division shall suffice for purposes of this section as notice
to the offender of the offender's duties under sections 2950.041,
2950.05, and 2950.06 of the Revised Code imposed as a result of
the conviction of or plea of guilty to the child-victim oriented
offense.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the offender's duties
imposed under sections 2950.04, 2950.05, and 2950.06 of the
Revised Code.
(4) If neither
division (A)(1), (2), nor (3) of this section
applies and if the
offender is adjudicated a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code or
a child-victim predator pursuant to division (C) of section
2950.091 of the Revised Code,
the judge
shall provide the notice
to the offender at the time of
adjudication.
(5) If the person is a delinquent child who is classified
a
juvenile offender
registrant, the judge
shall
provide the
notice
to the delinquent child at the time specified in division (B) of
section 2152.82, division (D) of section 2152.83, division (C) of
section 2152.84, or division (E) of section 2152.85 of the Revised
Code, whichever is applicable. If a delinquent child was provided
notice under this division prior to July 31, 2003, in relation to
an offense that, prior to July 31, 2003, was a sexually oriented
offense but that, on and after July 31, 2003, is a child-victim
oriented offense, the notice so provided under this division shall
suffice for purposes of this section as notice to the delinquent
child of the delinquent child's duties under sections 2950.041,
2950.05, and 2950.06 of the Revised Code imposed as a result of
the adjudication as a delinquent child for the child-victim
oriented offense.
(6) If the person is an offender in any category described in
division (A)(1), (2), (3), or (4) of this section and if, prior to
July 31, 2003, the offender was provided notice of the offender's
duties in accordance with that division, not later than ninety
days after July 31, 2003, the sheriff with whom the offender most
recently registered or verified an address under section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide
notice to the offender of the offender's duties imposed on and
after July 31, 2003, pursuant to any of those sections to register
a school, institution of higher education, or place of employment
address, provide notice of a change of that address, and verify
that address. The sheriff may provide the notice to the offender
at the time the offender registers, provides notice of a change
in, or verifies a residence, school, institution of higher
education, or place of employment address under any of those
sections within the specified ninety-day period. If the offender
does not so register, provide notice of a change in, or verify an
address within the specified ninety-day period, the sheriff shall
provide the notice to the offender by sending it to the offender
at the most recent residence address available for the offender.
If the offender was required to register prior to July 31, 2003,
and failed to do so, the failure to register constitutes a waiver
by the offender of any right to notice under this division. If the
offender has not registered prior to July 31, 2003, the offender
is presumed to have knowledge of the law and of the duties
referred to in this division that are imposed on and after July
31, 2003. If an offender does not receive notice under this
division, the offender is not relieved of any of the duties
described in this division.
(7) If the person is an offender or delinquent child who has
a duty to register in this state pursuant to division (A)(3) of
section 2950.04 or 2950.041 of the Revised Code, the offender or
delinquent child is presumed to have knowledge of the law and of
the offender's or delinquent child's duties imposed under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B)(1) The notice provided under division (A) of this
section
shall inform the offender
or delinquent child of the offender's or
delinquent child's
duty
to register, to provide notice of a change
in the
offender's
or
delinquent child's residence address or in
the offender's school, institution of higher education, or place
of employment address, as applicable, and register
the new
address, to periodically verify the offender's or delinquent
child's residence address
or the offender's school, institution of
higher education, or place of employment address, as applicable,
and, if applicable, to provide notice of the offender's or
delinquent child's intent to reside, pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice
shall specify that, for an offender, it applies regarding
residence addresses or school, institution of higher education,
and place of employment addresses and that, for a delinquent
child, it applies regarding residence addresses. Additionally, it
shall inform the offender of the offender's duties to similarly
register, provide notice of a change in, and verify those
addresses in states other than this state as described in division
(A) of this section. A notice provided under division (A)(6) of
this section shall state the new duties imposed on the offender on
and after July 31, 2003, to register, provide notice of a change
in, and periodically verify, a school, institution of higher
education, or place of employment address and specify that the new
duties are in addition to the prior duties imposed upon the
offender. A notice provided under division (A)(1), (2), (3), (4),
or (5) of this section shall
comport
with the following:
(a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall state the offender's
duties to register, to file a notice of intent to reside, if
applicable,
to register a new
residence address or new school,
institution of higher education, or place of employment address,
and to periodically verify those addresses, the offender's duties
in other states as described in division (A) of this section,
and
that, if the offender has any questions
concerning these
duties,
the offender may contact the chief of
police or sheriff
who sent
the form for an explanation of the
duties. If the
offender appears
in person before the chief of
police or sheriff,
the chief or
sheriff shall provide the notice
as described in
division
(B)(1)(a) of this section, and all
provisions of this
section that
apply regarding a notice provided
by an official,
official's
designee, or judge in that manner shall
be applicable.
(b) If the notice is provided
to an offender under division
(A)(1), (2), or
(4) of this section, the official, official's
designee, or judge
shall require the offender to read and sign a
form stating
that the offender's duties to register, to file a
notice of intent to reside, if applicable, to
register a new
residence address or new school, institution of higher education,
or place of employment address, and to periodically verify those
addresses, and the offender's duties in other states as described
in division (A) of this section
have been explained to the
offender. If the
offender is unable to
read, the official,
official's designee, or
judge shall certify on
the form that the
official, designee, or
judge specifically
informed the offender of
those duties and that
the offender
indicated an understanding of
those duties.
(c)
If the notice is provided
to a delinquent child under
division
(A)(5) of this
section, the
judge shall require the
delinquent child and the
delinquent child's parent,
guardian, or
custodian to read and sign
a form stating
that the
delinquent
child's duties to
register, to file a notice of intent to reside,
if applicable, to register a new
residence
address, and to
periodically
verify that
address have been
explained to the
delinquent
child and to the delinquent child's
parent, guardian,
or custodian.
If the delinquent child or the
delinquent child's
parent,
guardian, or custodian is unable to
read, the
judge shall
certify
on the form that the judge
specifically
informed the
delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties.
(2) The notice provided under divisions (A)(1) to (6) of this
section shall be on a form prescribed by the bureau of criminal
identification and investigation and shall contain all of the
information specified in division (A) of this section and all of
the information
required by the bureau. The notice provided under
divisions (A)(1) to (5) of this section shall include, but is not
limited to,
all of the following:
(a) For any notice provided under division (A)(1) to (5) of
this section, a statement as to
whether
the offender
or delinquent
child has been adjudicated a
sexual predator or a child-victim
predator relative to
the sexually oriented offense or child-victim
oriented offense
in
question, a statement as to
whether the
offender
or delinquent
child has been determined to be
a habitual
sex offender or habitual child-victim offender,
a statement as to
whether the offense for
which the offender has the duty to
register is an aggravated
sexually oriented offense, an
explanation of the offender's periodic residence address or
periodic school, institution of higher education, or place of
employment
address verification process
or of the delinquent
child's periodic residence address verification process, an
explanation of the frequency with which the
offender
or delinquent
child
will be required to verify those addresses under that
process, a statement that the
offender
or delinquent child
must
verify those addresses at
the times specified under
that process
or face criminal
prosecution
or a delinquent child
proceeding, and
an explanation of the offender's duty to similarly register,
verify, and reregister those addresses in another state if the
offender resides in another state, attends a school or institution
of higher education in another state, or is employed in another
state.
(b) If the notice is provided under division (A)(4) of
this
section,
a statement that the
notice
replaces any
notice
previously provided to the offender
under
division (A)(1)
of this
section, a statement that the
offender's
duties described
in this
notice supersede the duties
described in
the prior notice,
and a
statement notifying the
offender that, if
the offender
already has
registered under
section 2950.04 or 2950.041 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section;
(c) If the notice is provided under division (A)(5) of this
section, a statement that the delinquent child has been classified
by the adjudicating juvenile court judge or the judge's successor
in office a juvenile offender registrant and has a duty to comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code;
(d) If the notice is provided under division (A)(5) of this
section, a statement that, if the delinquent
child fails to comply
with the requirements of sections 2950.04, 2950.041,
2950.05, and
2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the
child
is under eighteen years of age, unless the child is
emancipated,
as defined in section 2919.121 2919.24 of the Revised Code,
the
failure of the parent, guardian, or custodian to ensure that
the
child complies with those requirements is a violation of
section
2919.24 of the Revised Code and may result in the
prosecution of
the parent, guardian, or custodian for that
violation.
(3)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in divisions
(B)(1) and (2) of this section or the official, official's
designee, or
judge has certified on
the form that
the form has
been
explained
to the offender and that the offender indicated an
understanding
of the duties indicated on it, the official,
official's designee,
or judge shall give one copy of the form to
the offender, within
three days shall send one copy of the form to
the bureau of
criminal identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the Revised
Code, and shall send one copy of the form to the
sheriff of the
county in which the offender expects to reside.
(b) After a chief of police or sheriff has sent a form to an
offender under division (A)(3) of this section, the chief or
sheriff shall send a copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13 of the Revised Code.
(c) After a delinquent child described in division
(A)(5) of
this section and the
delinquent child's parent, guardian, or
custodian have signed the form
described in divisions (B)(1) and
(2) of
this section or the judge has certified on the form that
the
form
has been explained to the delinquent child or the
delinquent
child's
parent, guardian, or custodian and that the
delinquent
child or the
delinquent child's parent, guardian, or
custodian
indicated an
understanding of the duties and information
indicated
on the form,
the judge
shall give a copy of the form to
both the
delinquent
child and to the
delinquent child's parent,
guardian,
or
custodian, within three days
shall send one copy of
the form to
the bureau of criminal
identification and
investigation in
accordance with the
procedures adopted pursuant
to section 2950.13
of the
Revised
Code, and shall send one copy
of
the form to the
sheriff of the county in which the delinquent
child
expects to
reside.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under divisions (A)(1) to (5) of this
section
shall do all of the following:
(1) If the notice is provided under division (A)(1), (2),
(4), or (5) of this section, the official, designee, or judge
shall determine the offender's
or delinquent child's name,
identifying factors, and expected future residence address in this
state or any other state, shall
obtain the offender's
or
delinquent child's criminal
and
delinquency history, and shall
obtain a photograph and the
fingerprints of the offender
or
delinquent child. Regarding an offender, the official, designee,
or judge also shall obtain from the offender the offender's
current or expected future school, institution of higher
education, or place of employment address in this state, if any.
If the notice
is provided by a judge under division (A)(2), (4),
or (5) of
this
section, the sheriff shall provide the offender's
or
delinquent
child's criminal
and delinquency history to the
judge.
The
official, official's designee, or judge shall obtain
this
information and these items prior to giving the notice,
except
that a judge may give the notice prior to obtaining the
offender's
or delinquent child's criminal
and delinquency history.
Within
three days after receiving this information and these
items, the
official, official's designee, or judge shall forward
the
information and items to the bureau of criminal identification
and
investigation in accordance with the forwarding procedures
adopted
pursuant to section 2950.13 of the Revised Code, to the
sheriff
of the county in which the offender
or delinquent child
expects to
reside, and, regarding an offender, to the sheriff of
the county, if any, in which the offender attends or will attend a
school or institution of higher education or is or will be
employed.
If the notice is provided under division (A)(5) of this
section
and if the delinquent child has been committed to the
department
of youth services or to a secure facility, the judge,
in addition
to the other information and items described in this
division,
also shall forward to the bureau and to the sheriff
notification
that the child has been so committed. If it has
not
already done so, the bureau of criminal identification and
investigation shall forward a copy of the fingerprints and
conviction data received under this division to the federal bureau
of investigation.
(2) If the notice is provided under division (A)(3) of this
section, the chief of police or sheriff shall determine the
offender's name, identifying factors, and residence address in
this state or any other state, shall
obtain the offender's
criminal history from the bureau of criminal
identification and
investigation, and, to the extent possible,
shall obtain a
photograph and the fingerprints of the offender.
Regarding an
offender, the chief or sheriff also shall obtain from the offender
the offender's current or expected future school, institution of
higher education, or place of employment address in this state, if
any. Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a chief of
police, to the sheriff of the county in which the offender
resides, and, regarding an offender, to the sheriff of the county,
if any, in which the offender attends or will attend a school or
institution of higher education or is or will be employed. If it
has not already done so, the bureau of criminal
identification and
investigation shall forward a copy of the
fingerprints and
conviction data so received to the federal bureau
of
investigation.
Sec. 3701.341. (A) The public health council, pursuant to
Chapter 119. and consistent with section 2317.56 of the Revised
Code, shall adopt rules relating to abortions and the following
subjects:
(1) Post-abortion procedures to protect the health of the
pregnant woman;
(2) Pathological reports;
(3) Humane disposition of the product of human conception;
(B) The director of health shall implement the rules and
shall apply to the court of common pleas for temporary or
permanent injunctions restraining a violation or threatened
violation of the rules section 2919.12, 2919.123, 2919.13, or
2919.14 of the Revised Code. This action is an additional remedy
not
dependent on the adequacy of the remedy at law.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals,
partnerships,
associations, organizations, corporations, legal
representatives,
trustees, trustees in bankruptcy, receivers, and
other organized
groups of persons. "Person" also includes, but
is not limited to,
any owner, lessor, assignor, builder, manager,
broker,
salesperson, appraiser, agent, employee,
lending
institution, and
the state and all political subdivisions,
authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political
subdivision
of the state, any person employing four or more
persons within the
state, and any person acting directly or
indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any
employer
but does not include any individual employed in the
domestic
service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by
the owner's legal representative.
(11) "Restrictive covenant" means any specification
limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, familial
status, national origin, disability, or ancestry, or
any
limitation
based upon affiliation with or approval by any person,
directly
or indirectly, employing race, color, religion, sex,
familial
status, national origin, disability, or ancestry as a
condition of
affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated
for cemetery purposes.
(13) "Disability" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of
the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years
of
age and who are domiciled with a parent or guardian having
legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of
securing
legal custody of any individual who is under eighteen
years of
age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but
not
limited to, mental retardation, organic brain syndrome,
emotional
or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited
to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any
of
the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia,
exhibitionism,
voyeurism, gender identity disorders not resulting
from physical
impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for
a
family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is
not limited to, hallways, lounges, lobbies, laundry rooms,
refuse
rooms, mail rooms, recreational areas, and passageways
among and
between buildings.
(19) "Public use areas" means interior or exterior rooms
or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related
medical conditions. Women affected by pregnancy,
childbirth, or
related medical conditions shall be treated the
same for all
employment-related purposes, including receipt of
benefits under
fringe benefit programs, as other persons not so
affected but
similar in their ability or inability to work, and
nothing in
division (B) of section 4111.17 of the Revised Code
shall be
interpreted to permit otherwise. This division shall
not be
construed to require an employer to pay for health
insurance
benefits for abortion, except where the life of the
mother would
be endangered if the fetus were carried to term or
except where
medical complications have arisen from the abortion,
provided that
nothing in this division precludes an employer from
providing
abortion benefits or otherwise affects bargaining
agreements in
regard to abortion.
Sec. 4731.22. (A) The state medical board,
by an
affirmative
vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination
for a certificate to practice or to have
committed
fraud,
misrepresentation, or deception in applying for
or securing
any
certificate to practice or certificate of
registration issued
by
the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing,
or
administering drugs for other than legal and
legitimate
therapeutic purposes
or a plea of guilty to, a judicial
finding of
guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law
regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited
branch of medicine;
or in securing or attempting to secure
any
certificate
to practice or certificate of registration issued
by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a
judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended
or
revoked
shall not be found to have violated any
provision of a
code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the
public health council pursuant
to section 3701.341 of the Revised
Code regarding any act or
omission occurring prior to the effective date of this amendment
and to which that section and those rules apply, or the violation
on or after that effective date of section 2919.12, 2919.123,
2919.13, or 2919.14 of the Revised Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
prior to the effective date of this amendment
with actual
knowledge that the conditions specified in former
division
(B) of
section 2317.56 of the Revised Code as it existed immediately
prior to that date have not been
satisfied
or with a heedless
indifference as to whether those
conditions
have been satisfied,
unless an affirmative defense as
specified in former
division
(H)(2) of that section would apply in a
civil action
authorized by
former division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to
practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or
copayment that a patient, pursuant to a health
insurance or
health
care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of
all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment
of the
notice from, a patient when required by
section 4731.143 of
the Revised Code
prior to providing
nonemergency professional
services, or failure to maintain
that
notice in the patient's
file;
(31) Failure of a physician supervising a physician
assistant
to
maintain supervision in accordance with the
requirements of
Chapter
4730. of the Revised Code and the rules
adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the
admissions and
findings contained in the consent agreement
shall
be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding
by the board, pursuant to an adjudication under
Chapter
119. of
the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial
court renders a final judgment in the individual's favor and
that
judgment is based upon an
adjudication on
the merits. The
board
has jurisdiction under those
divisions if the trial court
issues
an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or
upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a
signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person
who reports information of that nature or who testifies
before the
board in any adjudication conducted under
Chapter 119.
of the
Revised Code shall not be liable
in damages in a civil
action as a
result of the report or
testimony. Each
complaint or
allegation of
a violation received by the
board shall be assigned
a case number
and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose
practice is authorized by this chapter,
service of the
subpoena
may be made by certified mail,
restricted delivery,
return receipt
requested, and the subpoena
shall be deemed served
on the date
delivery is made or the date
the person refuses to
accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within sixty days
after
completion of its hearing. A failure to issue the order
within
sixty days shall result in dissolution of the summary
suspension
order but shall not invalidate any subsequent, final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or
(13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter
119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a
hearing
shall be given in accordance with
Chapter 119. of the
Revised Code. If the
board finds, pursuant to
an adjudication held
under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads
guilty to, is found by a judge
or jury to be
guilty of, or is
subject to a judicial
finding of eligibility for
intervention in
lieu of conviction in this state
or treatment or
intervention in
lieu of conviction in another
jurisdiction for
any
of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction:
aggravated
murder, murder, voluntary
manslaughter, felonious
assault,
kidnapping, rape, sexual
battery, gross sexual
imposition,
aggravated arson, aggravated
robbery, or aggravated
burglary.
Continued
practice after suspension shall be considered
practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails
to make a
timely request for an adjudication under
Chapter 119. of
the
Revised Code,
the board shall do whichever of the
following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not
apply, enter a final order permanently
revoking
the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the
board may order any of the
sanctions identified under division
(A)
or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or
copayments
shall be made only with the full knowledge and consent
of
the plan
purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4731.91. (A) On and after the effective date of this
amendment, all abortions are prohibited in this state under
sections 2919.12 and 2919.123 of the Revised Code.
(B)(1) No private hospital, private hospital
director, or
governing board of a private hospital is required to shall
permit
an abortion.
(B)(2) No public hospital, public hospital director, or
governing board of a public hospital is required to shall permit
an
abortion.
(C)(3) Refusal to permit an abortion is not grounds for civil
liability nor a basis for disciplinary or other recriminatory
action.
(D)(4) No person is required to shall perform or participate
in
medical procedures which that result in abortion, and refusal.
Refusal to
perform or participate in the medical procedures that
result in an abortion is not grounds
for civil liability nor a
basis for disciplinary or other
recriminatory action.
(E)(5) Whoever violates division (D)(B)(1), (2), or (4) of
this section is
liable in to the pregnant woman, to the person who
was the father of the fetus or embryo that was the subject of the
abortion, and, if the pregnant woman was a minor at the time of
the abortion, to her parents, guardian, or custodian for civil
compensatory and exemplary damages.
(C) Division (B)(4) of this section does not apply to a
person who provides medical treatment to a pregnant woman to
prevent the death of the pregnant woman and who, as a proximate
result of the provision of that medical treatment but without
intent to do so, causes the termination of the pregnant woman's
pregnancy. Divisions (B)(1) and (2) of this section do not apply
to a hospital, director, or governing board regarding the
provision, by a person at the hospital, of medical treatment to a
pregnant woman to prevent the death of the pregnant woman when the
person, as a proximate result of the provision of that medical
treatment but without intent to do so, causes the termination of
the pregnant woman's pregnancy.
Sec. 5101.55. (A) All abortions are prohibited in this state
under sections 2919.12 and 2919.123 of the Revised Code.
(B)(1) No person shall be ordered by a public agency or any
person
to submit to an abortion.
(B)(2) The refusal of any person to submit to an abortion or
to give consent
therefor shall not result in the loss of public
assistance benefits or any
other rights or privileges.
(C)(3) State or local public funds shall not be used to
subsidize an abortion,
except as provided in section 5101.56 of
the Revised Code.
(D) Whoever violates division (B)(1) of this section is
liable to the pregnant woman, to the person who was the father of
the fetus or embryo that was the subject of the abortion, and, if
the pregnant woman was a minor at the time of the abortion, to her
parents, guardian, or custodian for civil compensatory and
exemplary damages.
Section 2. That existing sections 124.85, 149.43, 2151.421,
2305.11, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01,
2903.09,
2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03,
3701.341,
4112.01, 4731.22, 4731.91, and 5101.55 and sections
2151.85,
2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17,
and
2919.18 of the Revised Code are hereby repealed.
Section 3. Notwithstanding section 1.50 of the Revised Code,
it is the intent of the General Assembly that this entire act be
given effect and read as a whole and to that end, the provisions
of this act are not severable.
Section 4. Section 149.43 of the Revised Code is presented
in
this act as a composite of the section as amended by both Sub.
H.B. 9 and Sub. H.B. 141 of
the 126th General Assembly. Section
2505.02 of the Revised Code is
presented in
this act as a
composite of the section as amended by
both Am. Sub. H.B. 516 and
Am. Sub. S.B. 80 of
the 125th General
Assembly. The
General
Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composites are the resulting
versions of the sections in
effect prior to the effective date of
the sections as presented in
this act.
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