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Sub. S. B. No. 175 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Clancy, Carey, Schuler, Buehrer, Jacobson, Goodman, Schuring, Gardner, Amstutz, Cates, Faber, Harris, Niehaus, Schaffer, Austria
Representatives Otterman, J., Jones, Goodwin, Huffman, Uecker, Wachtmann, Adams, Aslanides, Bacon, Batchelder, Blessing, Brinkman, Coley, Collier, Combs, Dolan, Domenick, Driehaus, Evans, Fessler, Flowers, Gibbs, Hagan, J., Hite, Hottinger, Hughes, Mandel, McGregor, J., Mecklenborg, Oelslager, Raussen, Reinhard, Schindel, Schlichter, Schneider, Setzer, White, Zehringer
A BILL
To amend sections 3705.01, 3705.16, 3705.20,
3705.29, 3719.13, and 4765.11 and to enact
sections
517.071, 517.072,
759.49, 759.491,
1721.071,
1721.072, 3727.16,
4731.82, and
4765.57 of the
Revised Code
to
enact the
Grieving Parents Act,
regarding fetal
death
certificates for, and
burials of, the
product of
human conception that
suffers a fetal
death and
to authorize the State Medical Board to inspect
certain records for purposes of enforcing law
governing physician assistants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3705.01, 3705.16, 3705.20,
3705.29,
3719.13,
and 4765.11 be amended and sections 517.071, 517.072,
759.49,
759.491,
1721.071, 1721.072,
3727.16, 4731.82, and
4765.57 of
the Revised
Code be enacted to
read as
follows:
Sec. 517.071. (A) As used in this section and section
517.072 of the Revised Code, "fetal death" has
the same meaning
as in section 3705.01 of
the Revised Code.
(B) A board of township trustees may adopt rules for any
township cemetery over which it has control for the burial,
re-interment, or disinterment of the product of a fetal death.
(C) With regard to the product of a fetal death, on the
request of the mother and in compliance with cemetery rules, a
township cemetery shall inter the
product of the fetal
death in
accordance with one of the
following:
(1) In a single grave within the cemetery that contains, or
will contain, the remains of a parent, sibling, or grandparent;
(2) In another location of the cemetery, including a separate
burial ground for infants, on a temporary or permanent basis.
Sec. 517.072. (A) Subject to division (B) of this section,
re-interment or disinterment of the product of a fetal death
buried in accordance with division (C)(2) of section 517.071 of
the Revised Code is not subject to section 517.24 of the Revised
Code if one or both surviving parents provide written consent for
the re-interment or disinterment to the township cemetery and
comply with any rules adopted under division (B) of section
517.071 of the Revised Code.
(B) If two surviving parents are indicated on the township
cemetery's burial documents for the product of a fetal death
buried in accordance with division (C)(2) of section 517.071 of
the Revised Code and only one has given consent under division (A)
of this section, prior to re-interment or disinterment, the
cemetery promptly shall give notice of the consent to the parent
who did not give consent. The notice shall be sent by registered
mail, return receipt requested, to the parent's last known address
and contain a statement that the re-interment or disinterment will
occur if the cemetery does not receive written objection within
thirty days from the date the notice is sent. That parent may
object to the re-interment or disinterment by giving notice to the
cemetery by registered mail, return receipt requested, not later
than thirty days after the cemetery's notice is sent. If the
cemetery receives timely notice of the objection, the re-interment
or disinterment is subject to section 517.24 of the Revised Code.
(C) The cemetery shall re-inter or disinter the product of a
fetal death if both surviving parents provide written consent for
the re-interment or disinterment or if one parent consents and the
cemetery does not receive timely notice of any objection under
division (B) of this section.
Sec. 759.49. (A) As used in this section and section 759.491
of the Revised Code, "fetal
death" has
the same meaning as in
section 3705.01 of the Revised
Code.
(B) The legislative authority of a municipal corporation
owning a public burial ground or cemetery, whether within or
without the municipal corporation, may pass and provide for the
enforcement of ordinances for the burial, re-interment, or
disinterment of the product of a fetal death in that
public
burial ground or cemetery.
(C) With regard to the product of a fetal death, on the
request of the mother and in compliance with the public burial
ground or cemetery's ordinances, a
public burial ground or
cemetery shall
inter the product of the
fetal death in
accordance with one of
the following:
(1) In a single grave within the public burial ground or
cemetery that contains, or
will contain, the remains of a parent,
sibling, or grandparent;
(2) In another location of the public burial ground or
cemetery, including a separate
burial ground for infants, on a
temporary or permanent basis.
Sec. 759.491. (A) Subject to division (B) of this section,
re-interment or disinterment of the product of a fetal death
buried in accordance with division (C)(2) of section 759.49 of the
Revised Code is not subject to section 517.24 of the Revised Code
if one or both surviving parents provide written consent for the
re-interment or disinterment to the public burial ground or
cemetery and comply with any ordinances passed under division (B)
of
section 759.49 of the Revised Code.
(B) If two surviving parents are indicated on the public
burial ground's or the cemetery's burial documents for the product
of a fetal death buried in accordance with division (C)(2) of
section 759.49 of the Revised Code and only one has given consent
under division (A) of this section, prior to re-interment or
disinterment, the public burial ground or cemetery promptly shall
give notice of the consent to the parent who did not give consent.
The notice shall be sent by registered mail, return receipt
requested, to the parent's last known address and contain a
statement that the re-interment or disinterment will occur if the
burial ground or cemetery does not receive written objection
within thirty days from the date the notice is sent. That parent
may object to the re-interment or disinterment by giving notice to
the burial ground or cemetery by registered mail, return receipt
requested, not later than thirty days after the burial ground's or
the cemetery's notice is sent. If the burial ground or cemetery
receives timely notice of the objection, the re-interment or
disinterment is subject to section 517.24 of the Revised Code.
(C) The public burial ground or cemetery shall re-inter or
disinter the product of a fetal death if both surviving parents
provide written consent for the re-interment or disinterment or if
one parent consents and the public burial ground or cemetery does
not receive timely notice of an objection under division (B) of
this section.
Sec. 1721.071. (A) As used in this section and section
1721.072 of the Revised Code, "fetal death"
has the same meaning
as in section 3705.01 of
the Revised Code.
(B) A cemetery company or association may prescribe rules for
the burial, re-interment, or disinterment of the product of a
fetal death.
(C) With regard to the product of a fetal death, on the
request of the mother and in compliance with cemetery company or
association rules, a
cemetery company or association shall
inter
the product of the
fetal death in accordance with one of
the
following:
(1) In a single grave within the cemetery that contains, or
will contain, the remains of a parent, sibling, or grandparent;
(2) In another location of the cemetery, including a separate
burial ground for infants, on a temporary or permanent basis.
Sec. 1721.072. (A) Subject to division (B) of this section,
re-interment or disinterment of the product of a fetal death
buried in accordance with division (C)(2) of section 1721.071 of
the Revised Code is not subject to section 517.24 of the Revised
Code if one or both surviving parents provide written consent for
the re-interment or disinterment to the cemetery and comply with
any rules adopted under division (B) of section 1721.071 of the
Revised Code.
(B) If two surviving parents are indicated on the cemetery's
burial documents for the product of a fetal death buried in
accordance with division (C)(2) of section 1721.071 of the Revised
Code and only one has given consent under division (A) of this
section, prior to re-interment or disinterment, the cemetery
promptly shall give notice of the consent to the parent who did
not give
consent. The notice shall be sent by registered mail,
return
receipt requested, to the parent's last known address and
contain
a statement that the re-interment or disinterment will
occur if
the cemetery does not receive written objection within
thirty days
from the date the notice is sent. That parent may
object to the
re-interment or disinterment by giving notice to
the cemetery by
registered mail, return receipt requested, not
later than thirty
days after the cemetery's notice is sent. If
the cemetery receives
timely notice of the objection, the
re-interment or disinterment
is subject to section 517.24 of the
Revised Code.
(C) A cemetery shall re-inter or disinter the product of a
fetal death if both surviving parents provide written consent for
the re-interment or disinterment or if one parent consents and the
cemetery does not receive timely notice of an objection under
division (B) of this section.
Sec. 3705.01. As used in this chapter:
(A) "Live birth" means the complete expulsion or
extraction
from its mother of a product of human conception that
after such
expulsion or extraction breathes or shows any other
evidence of
life such as beating of the heart, pulsation of the
umbilical
cord, or definite movement of voluntary muscles,
whether or not
the umbilical cord has been cut or the placenta is
attached.
(B)(1) "Fetal death" means death
prior to
the complete
expulsion or extraction from its
mother of a product
of human
conception of at least twenty weeks
of gestation, irrespective
of the duration of pregnancy, which
after
such expulsion or
extraction does not
breathe or show any
other
evidence of life
such as beating of the
heart, pulsation of
the
umbilical cord, or
definite movement of
voluntary muscles.
(2) "Stillborn" means that an infant suffered a fetal death
of at least twenty weeks of gestation.
(C)
"Dead body" means a human body or part of a human body
from the condition of which it reasonably may be concluded that
death recently occurred.
(D) "Physician" means a person licensed pursuant to
Chapter
4731. of the Revised Code to practice medicine or surgery
or
osteopathic medicine and surgery.
(E) "Attending physician" means the physician in charge
of
the patient's care for the illness or condition that resulted
in
death.
(F) "Institution" means any establishment, public or
private,
that provides medical, surgical, or diagnostic care or
treatment,
or domiciliary care, to two or more unrelated
individuals, or to
persons committed by law.
(G) "Funeral director" has the meaning given in section
4717.01 of the Revised Code.
(H) "State registrar" means the head of the office of
vital
statistics in the department of health.
(I) "Medical certification" means completion of the
medical
certification portion of the certificate of death or
fetal death
as to the cause of death or fetal death.
(J) "Final disposition" means the interment, cremation,
removal from the state, donation, or other authorized disposition
of a dead body or a
fetal death.
(K) "Interment" means the final disposition of the
remains
of
a dead body by burial or entombment.
(L) "Cremation" means the reduction to ashes of a dead
body.
(M) "Donation" means gift of a dead body to a research
institution or medical school.
(N) "System of vital statistics" means the registration,
collection, preservation, amendment, and certification of vital
records, the collection of other reports required by this
chapter,
and activities related thereto.
(O) "Vital records" means certificates or reports of
birth,
death, fetal death, marriage, divorce,
dissolution of
marriage,
annulment, and data related thereto and
other documents
maintained
as required by statute.
(P) "File" means the presentation of vital records for
registration by the office of vital statistics.
(Q) "Registration" means the acceptance by the office of
vital statistics and the incorporation of vital records into its
official records.
(R) "Birth record" means a birth certificate that has
been
registered with the office of vital statistics; or, if
registered
prior to the effective date of this section March 16, 1989, with
the
division of
vital statistics; or, if registered prior to the
establishment of
the division of vital statistics, with the
department of health
or a local registrar.
(S) "Certification of birth" means a document issued by
the
director of health or state registrar or a local registrar
under
division (B) of section 3705.23 of the Revised Code.
Sec. 3705.16. (A) For purposes of this section
notwithstanding section 3705.01 of the Revised Code, "fetal death"
does not include death of the product of human conception prior to
twenty weeks of gestation.
(B) Each death or fetal death that occurs in
this state shall
be registered with the local registrar of vital
statistics of the
district in which the death or fetal death
occurred, by the
funeral director or other person in charge of the
final
disposition of the remains. The personal and statistical
information in the death or fetal death certificate shall be
obtained from the best qualified persons or sources available, by
the funeral director or other person in charge of the final
disposition of the remains. The statement of facts relating to
the
disposition of the body and information relative to the armed
services referred to in section 3705.19 of the Revised Code shall
be signed by the funeral director or other person in charge of
the
final disposition of the remains.
(B)(C) The funeral director or
other person in charge of the
final disposition of the remains
shall present the death or fetal
death certificate to the attending physician of the decedent, the
coroner, or the medical examiner, as appropriate for certification
of the cause of death. If a death or fetal death occurs under any
circumstances mentioned in section 313.12 of the Revised Code, the
coroner in the county in which the death occurs, or a deputy
coroner, medical examiner, or deputy medical examiner serving in
an equivalent capacity, shall certify the cause of death unless
that death was reported to the coroner, deputy coroner, medical
examiner, or deputy medical examiner and that person, after a
preliminary examination, declined to assert jurisdiction with
respect to the death or fetal death. A physician other than the
coroner in the county in which a death or fetal death occurs, or a
deputy coroner, medical examiner, or deputy medical examiner
serving in an equivalent capacity, may certify only those deaths
that occur under natural circumstances.
The medical
certificate of death shall be completed and
signed by the
physician who attended the decedent or by the
coroner or medical examiner, as appropriate, within
forty-eight
hours after the death or fetal death. A coroner or medical
examiner may satisfy the
requirement of signing a medical
certificate showing the cause of
death or fetal death as pending
either by stamping it with a stamp of the
coroner's or medical
examiner's
signature or by signing it in the coroner's or medical
examiner's own hand, but
the coroner or medical examiner shall
sign any other medical certificate of death or supplementary
medical certification in the
coroner's or medical examiner's own
hand.
(C)(D) Any death certificate registered pursuant to this
section
shall contain the social security number of the decedent,
if
available. A
social security
number obtained under this
section is
a public record under
section 149.43 of the Revised
Code.
Sec. 3705.20. A (A) The fetal death of the product of human
conception of at least twenty weeks of gestation shall be
registered on a fetal
death certificate. A
On application of either parent, the fetal death of the
product of human conception prior to
twenty weeks of gestation
shall be registered on a fetal death
certificate, except that the
fetal death certificate shall not list the cause of death.
The parent shall include with the application a copy of the
statement
required by division (B)(1) of section 3727.16 or
division (B)(1)
of section 4731.82 of the Revised Code. If the
father submits the application, he shall also include with it a
signed and notarized document from the mother attesting that she
voluntarily provided the father with a copy of the statement.
A fetal death
certificate for the product of human
conception prior to twenty
weeks gestation is not proof of a live
birth for purposes of
federal, state, and local taxes.
(B) The product of human conception that suffers a fetal
death which occurs of at least twenty weeks of gestation occurring
in Ohio shall not
be interred, deposited in a vault or tomb,
cremated, or otherwise
disposed of by a funeral director or other
person until a fetal
death certificate or provisional death
certificate has been filed
with and a burial permit is issued by
the local registrar of
vital statistics of the registration
district in which the fetal
death occurs, or the body is found.
The
A burial permit for the product of human conception that
suffers a fetal death prior to twenty weeks of gestation shall be
issued by the local registrar of vital statistics of the
registration district in which the fetal death occurs if either
parent files a fetal death certificate with that registrar.
(C)(1) The department of health and
the local registrar shall
keep a separate record and index record
of fetal death
certificates.
(2) The personal or statistical information on the fetal
death
certificate shall be obtained by the funeral director or
other
person in charge of interment or cremation from the best
qualified persons or sources available.
Sec. 3705.29. (A) No person shall do any of the following:
(1) Purposely make any false statement in a certificate,
record, or report required by this chapter or in an application
or
amendment of it, or purposely supply false information with the
intent that that information be used in the preparation of any
such report, record, or certificate, or amendment of it;
(2) Without lawful authority and with intent to deceive,
counterfeit, alter, amend, or mutilate any certificate, record,
or
report required by this chapter or any certified copy of it;
(3) Purposely obtain, possess, use, sell, furnish, or
attempt
to obtain, possess, use, sell, or furnish to another for
the
purpose of deception any certificate, record, or report
required
by this chapter or any certified copy of it, or any
certificate,
record, or report that is counterfeit, altered, or
amended or
false in whole or part;
(4) Purposely obtain, possess, use, sell, furnish, or
attempt
to obtain, possess, use, sell, or furnish to another for
the
purpose of deception any certificate, record, or report
required
by this chapter, or any certified copy of it, that relates to
the
birth of another person, whether living or dead;
(5) Without lawful authority, possess any certificate,
record, or report required by this chapter or any copy of such a
certificate, record, or report, knowing it to have been stolen or
otherwise unlawfully obtained.
(B) No person employed by the office of vital statistics
or a
local registrar shall purposely furnish or possess a birth
record
or certified copy of a birth record with intent that it be
used
for deception.
(C) No person shall do any of the following:
(1) Purposely refuse to provide information required by
this
chapter or rules adopted under it;
(2) Purposely transport out of this state or accept for
interment or other disposition a dead body without a permit
required by this chapter;
(3) Knowingly prepare, issue, sell, or give any record or
certificate that is alleged to be an original vital record or a
certified copy of a vital record if the person knows or has
reason
to know that it is not an original vital record or a
certified
copy of a vital record;
(4) Refuse to comply with the requirements of this chapter
or
violate any of the provisions of this chapter.
(D) No officer or employee of the
department of health shall
knowingly reveal or provide any
information contained in an
adoption file maintained by the
department under section 3705.12
of the
Revised Code to any person, or
knowingly reveal or provide
the contents of an adoption file to
any person, unless authorized
to do so by section 3705.12 of the
Revised Code.
(E) If a death, or a fetal death of at least twenty weeks of
gestation, occurs under any circumstances mentioned in section
313.12 of the Revised Code, the coroner of the county in which the
death or fetal death occurs, or a deputy coroner, medical
examiner, or deputy medical examiner serving in an equivalent
capacity, shall certify the cause of that death unless the death
was reported to the coroner, deputy coroner, medical examiner, or
deputy medical examiner and that person, after a preliminary
examination, declined to assert jurisdiction with respect to the
death or fetal death.
(F) No physician other than the coroner in the county in
which a death, or a fetal death of at least twenty weeks of
gestation, occurs, or a deputy coroner, medical examiner, or
deputy medical examiner serving in an equivalent capacity, may
certify any death or fetal death that occurs under any
circumstances other than natural.
(G) If a death, or a fetal death of at least twenty weeks of
gestation, occurs under any circumstances mentioned in section
313.12 of the Revised Code, no person shall knowingly present a
death or fetal death certificate for the purpose of obtaining
certification of the cause of death to any physician other than
the coroner in the county in which the death or fetal death
occurred, or to a deputy coroner, medical examiner, or deputy
medical examiner serving in an equivalent capacity, unless that
death or fetal death was reported to the coroner, deputy coroner,
medical examiner, or deputy medical examiner and that person,
after a preliminary examination, declined to assert jurisdiction
with respect to the death or fetal death.
(H) No person, with intent to defraud or knowing that the
person is facilitating a fraud, shall do either of the following:
(1) Certify a cause of death in violation of the prohibition
of division (E) or (F) of this section;
(2) Obtain or attempt to obtain a certification of the cause
of a death or fetal death in violation of the prohibition of
division (G) of this section.
Sec. 3719.13. Prescriptions, orders, and records, required
by Chapter 3719. of the Revised Code, and stocks of dangerous
drugs and controlled substances, shall be open for inspection
only
to federal, state, county, and municipal officers, and
employees
of the state board of pharmacy whose duty it is to
enforce the
laws of this state or of the United States relating
to controlled
substances. Such prescriptions, orders, records,
and stocks shall
be open for inspection by employees of the state
medical board for
purposes of enforcing Chapter Chapters 4730. and 4731. of the
Revised Code and
employees of the board of nursing for
pursposes
purposes of
enforcing
Chapter 4723. of the Revised Code. No person
having knowledge of
any
such prescription, order, or record shall
divulge such
knowledge,
except in connection with a prosecution or
proceeding
in court or
before a licensing or registration board or
officer,
to which
prosecution or proceeding the person to whom
such
prescriptions,
orders, or records relate is a party.
Sec. 3727.16. (A) As used in this section, "fetal death" has
the same meaning as in section 3705.01 of
the Revised Code,
except that it does not include either of the following:
(1) The product of human conception of
at least twenty weeks
of gestation;
(2) The purposeful termination of a pregnancy, as described
in section 2919.11 of the Revised Code.
(B) If a woman presents herself at a hospital as a result of
a fetal death, the hospital shall provide the woman
with all of
the
following:
(1) A written statement, not longer than one page in length,
that confirms that the woman was pregnant and that she
subsequently suffered a miscarriage that resulted in a fetal
death;
(2) Notice of the right of the woman to apply for a fetal
death
certificate pursuant to section 3705.20 of the
Revised
Code;
(3) A short, general description of the hospital's procedures
for disposing of the product of
a fetal death.
A hospital or hospital employee may present the notice and
description
required by divisions (B)(2) and (B)(3) of this
section through oral or written means. The hospital or hospital
employee shall document in the woman's medical record that all of
the items required by this division were provided to the woman and
shall place in the record a copy of the statement required by
division (B)(1) of this section.
(C) A hospital or hospital employee is immune from civil or
criminal liability or professional disciplinary action with regard
to any action taken in good faith compliance with this section.
Sec. 4731.82. (A) As used in this section:
(1) "Fetal death" has the same meaning as in section
3705.01
of
the Revised Code, except that it does not include either of
the following:
(a) The product of
human conception of at least twenty weeks
of gestation;
(b) The purposeful termination of a pregnancy, as described
in section 2919.11 of the Revised Code.
(2) "Physician" means an individual holding a certificate to
practice medicine and surgery or osteopathic medicine and surgery
pursuant to this chapter.
(B) If a woman in the process of experiencing a fetal death
or with the product of human conception as a result of a fetal
death presents herself to a physician and is not referred to a
hospital, the attending physician shall provide the woman
with
all of
the
following:
(1) A written statement, not longer than one page in length,
that confirms that the woman was pregnant and that she
subsequently suffered a miscarriage that resulted in a fetal
death;
(2) Notice of the right of the woman to apply for a fetal
death
certificate pursuant to section 3705.20 of the
Revised
Code;
(3) A short, general description of the attending physician's
procedures for disposing of the
product
of a fetal death.
The attending physician may present the notice and
description required
by divisions (B)(2) and (B)(3) of this
section through oral or written means. The physician shall
document in the woman's medical record that all of the items
required by this division were provided to the woman and shall
place in the record a copy of the statement required by division
(B)(1) of this section.
(C) A physician is immune from civil or criminal liability or
professional disciplinary action with regard to any action taken
in good faith compliance with this section.
Sec. 4765.11. (A) The state board of emergency medical
services shall adopt, and may amend and rescind, rules in
accordance with Chapter 119. of the Revised Code and division (C)
of this section that establish all of the following:
(1) Procedures for its governance and the control of its
actions and business affairs;
(2) Standards for the performance of emergency medical
services by first responders, emergency medical
technicians-basic,
emergency medical technicians-intermediate, and emergency
medical
technicians-paramedic;
(3) Application fees for certificates of accreditation,
certificates of approval, certificates to teach, and certificates
to practice, which shall be deposited into the trauma and
emergency
medical services fund
created in section 4513.263 of the
Revised Code;
(4) Criteria for determining when the application or
renewal
fee for a certificate to practice may be waived because
an
applicant cannot afford to pay the fee;
(5) Procedures for issuance and renewal of certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice, including any procedures necessary
to
ensure that adequate notice of renewal is provided in
accordance with division
(D) of section 4765.30 of the Revised
Code;
(6) Procedures for suspending or revoking certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice;
(7) Grounds for suspension or revocation of a certificate
to
practice issued under section 4765.30 of the Revised Code and
for
taking any other disciplinary action against a first
responder,
EMT-basic, EMT-I, or paramedic;
(8) Procedures for taking disciplinary action against a first
responder, EMT-basic, EMT-I, or paramedic;
(9) Standards for certificates of accreditation and
certificates of approval;
(10) Qualifications for certificates to teach;
(11) Requirements for a certificate to practice;
(12) The curricula, number of hours of instruction and
training, and instructional materials to be used in adult and
pediatric
emergency
medical services training programs and adult
and pediatric emergency
medical services
continuing education
programs;
(13) Procedures for conducting courses in recognizing
symptoms of life-threatening allergic reactions and in
calculating
proper dosage levels and administering injections of
epinephrine
to adult and pediatric patients who suffer
life-threatening
allergic
reactions;
(14) Examinations for certificates to practice;
(15) Procedures for administering examinations for
certificates to practice;
(16) Procedures for approving examinations that
demonstrate
competence to have a certificate to practice renewed
without
completing an emergency medical services continuing
education
program;
(17) Procedures for granting extensions and exemptions of
emergency medical services continuing education requirements;
(18) Procedures for approving the additional emergency
medical services first responders are authorized by division (C)
of section 4765.35 of the Revised Code to perform, EMTs-basic are
authorized by division (C) of section 4765.37 of the
Revised Code
to perform, EMTs-I are authorized by division (B)(5) of
section
4765.38 of the Revised Code to perform, and paramedics are
authorized
by division (B)(6) of section 4765.39 of the Revised
Code to perform;
(19) Standards and procedures for implementing the
requirements of
section 4765.06 of the Revised
Code, including
designations of the persons who are required to
report information
to the board and the types of information to
be reported;
(20) Procedures for administering the emergency medical
services grant program established under section 4765.07 of the
Revised Code;
(21) Procedures consistent with Chapter 119. of the
Revised
Code for appealing decisions of the board;
(22) Minimum qualifications and peer review and quality
improvement
requirements for persons who provide medical direction
to emergency medical
service personnel;
(23) The manner in which a patient, or a patient's parent,
guardian, or custodian may consent to the board releasing
identifying information about the patient under division (D) of
section 4765.102 of the Revised Code;
(24) Circumstances under which a training program or
continuing education program, or portion of either type of
program, may be taught by a person who does not hold a certificate
to teach issued under section 4765.23 of the Revised Code.
(B) The board may adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code and division
(C)
of this section that establish the following:
(1) Specifications of information that may be collected
under
the trauma system registry and incidence reporting system
created
under section 4765.06 of the Revised Code;
(2) Standards and procedures for implementing any of the
recommendations made by any
committees of the board or under
section 4765.57 4765.04 of the Revised Code;
(3) Requirements that a person must meet to receive a
certificate to
practice as a first responder pursuant to division
(A)(2) of section
4765.30 of the Revised Code;
(4) Any other rules necessary to implement this chapter.
(C) In developing and administering rules adopted under this
chapter, the state board of emergency medical services shall
consult
with regional directors and regional physician advisory
boards created by
section 4765.05 of the Revised Code and
emphasize the special
needs of pediatric and
geriatric patients.
(D) Except as otherwise provided in this division, before
adopting, amending, or rescinding any rule under this chapter,
the
board shall submit the proposed rule to the director of
public
safety for review. The director may review the
proposed rule for
not more than sixty days after the date it is
submitted. If,
within this sixty-day period, the director
approves the proposed
rule or does not notify the board that the rule is
disapproved,
the board may adopt, amend, or rescind the rule
as proposed. If,
within this sixty-day period, the director
notifies the board that
the proposed rule is disapproved, the
board shall not adopt,
amend, or rescind the rule as proposed
unless at least twelve
members of the board vote to adopt, amend,
or rescind it.
This division does not apply to an emergency rule adopted
in
accordance with section 119.03 of the Revised Code.
Sec. 4765.57. (A) As used in this section, "fetal death" has
the same meaning as in section 3705.01 of
the Revised Code.
(B) Emergency medical service personnel shall dispose of the
product of a fetal death in the manner set forth for
the
disposition of fetal remains in the "emergency medical
technician-basic: national standard curriculum."
Section 2. That existing sections 3705.01, 3705.16, 3705.20,
3705.29, 3719.13, and 4765.11 of the Revised Code are hereby
repealed.
Section 3. This act shall be known as "The Grieving Parents
Act."
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