To amend sections 2907.29, 3313.6011, and 4729.16; to enact sections 1751.661, 3701.047, 3701.135, 3727.11, 3727.12, 3923.602, 3923.611, 4729.43, and 4729.45; to repeal section 3701.046 of the Revised Code; to amend Section 206.42.03 of Am. Sub. H.B. 66 of the 126th General Assembly; to amend Section 206.42.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended; and to repeal Section 206.42.06 of Am. Sub. H.B. 66 of the 126th General Assembly regarding assistance for pregnancy prevention.

Section 1. That sections 2907.29, 3313.6011, and 4729.16 be amended and sections 1751.661, 3701.047, 3701.135, 3727.11, 3727.12, 3923.602, 3923.611, 4729.43, and 4729.45 of the Revised Code be enacted to read as follows:

Sec. 1751.661. (A) No individual or group health insuring corporation policy, contract, or agreement shall do either of the following:

(1) Limit or exclude coverage for prescription contraceptive drugs or devices approved by the United States food and drug administration, if the policy, contract, or agreement provides coverage for other prescription drugs or devices;

(2) Limit or exclude coverage for physician-directed outpatient services that are related to the provision of such drugs or devices, if the policy, contract, or agreement provides coverage for other outpatient services rendered by a provider.

(B) The coverage provided under division (A) of this section shall be subject to the same terms and conditions, including copayment charges, that apply to similar coverage provided under the policy, contract, or agreement.

(C) This section applies notwithstanding section 3901.71 of the Revised Code.

Sec. 2907.29.  Every hospital of this state that offers organized emergency services shall provide that a physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife is available on call twenty-four hours each day for the examination of persons reported to any law enforcement agency to be victims of sexual offenses cognizable as violations of any provision of sections 2907.02 to 2907.06 of the Revised Code. The physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife, upon the request of any peace officer or prosecuting attorney and with the consent of the reported victim or upon the request of the reported victim, shall examine the person for the purposes of gathering physical evidence and shall complete any written documentation of the physical examination. The public health council shall establish procedures for gathering evidence under this section.

Each reported victim shall be informed of available venereal disease, pregnancy, medical, and psychiatric services in accordance with section 3727.11 of the Revised Code.

Notwithstanding any other provision of law, a minor may consent to examination under this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not required for an examination under this section. However, the hospital shall give written notice to the parent, parents, or guardian of a minor that an examination under this section has taken place. The parent, parents, or guardian of a minor giving consent under this section are not liable for payment for any services provided under this section without their consent.

Sec. 3313.6011.  (A) As used in this section, "sexual activity" has the same meaning as in section 2907.01 of the Revised Code.

(B) Instruction in venereal disease education pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code shall emphasize that devote equal attention to the following:

(1) That abstinence from sexual activity is the only protection that is one hundred per cent effective against unwanted pregnancy, sexually transmitted disease, and the sexual transmission of a virus that causes acquired immunodeficiency syndrome;

(2) The benefits and effectiveness of contraception and condom use as a way to prevent unintended pregnancy, sexually transmitted disease, and the sexual transmission of a virus that causes acquired immunodeficiency syndrome.

(C) In adopting minimum standards under section 3301.07 of the Revised Code, the state board of education shall require course material and instruction in venereal disease education courses taught pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code to do all of the following:

(1) Stress that students should abstain from sexual activity until after marriage the value of abstinence without ignoring the young people who have engaged in or are engaging in sexual activity;

(2) Teach the potential physical, psychological, emotional, and social side effects of participating in sexual activity outside of marriage Encourage family communication between parent and child about sexuality;

(3) Teach that conceiving children out of wedlock is likely to have harmful consequences for the child, the child's parents, and society Teach contraception and condom use in a medically accurate manner that discusses both the health benefits and effectiveness rates in realistic use;

(4) Teach young people the skills necessary to make responsible decisions about sexual activity including how to avoid receiving or making unwanted verbal, physical, and sexual advances;

(4)(5) Stress that sexually transmitted diseases are serious possible hazards of sexual activity;

(5)(6) Advise students of the laws pertaining to financial responsibility of parents to children born in and out of wedlock;

(6)(7) Advise students of the circumstances under which it is criminal to have sexual contact with a person under the age of sixteen pursuant to section 2907.04 of the Revised Code.

(D) Any model education program for health education the state board of education adopts shall conform to the requirements of this section.

(E) On and after March 18, 1999, and notwithstanding section 3302.07 of the Revised Code, the superintendent of public instruction shall not approve, pursuant to section 3302.07 of the Revised Code, any waiver of any requirement of this section or of any rule adopted by the state board of education pursuant to this section.

Sec. 3701.047. (A) The department of health shall establish a program to award grants to public and private entities to establish or expand teenage pregnancy prevention programs. The department shall award grants in accordance with this section and any rules adopted by the public health council under division (F) of this section.

(B) To be eligible for the grant program, an applicant shall meet the following requirements:

(1) Replicate or substantially incorporate elements of one or more teenage pregnancy prevention programs that meet both of the following requirements:

(a) Have been proven to delay sexual intercourse or sexual activity, increase contraceptive use without increasing sexual activity, or reduce teenage pregnancy based on scientific research that meets the following requirements:

(i) Measured impact on sexual or contraceptive behavior, pregnancy, or childbearing;

(ii) Employed an experimental or quasi-experimental design with well-constructed and appropriate comparison groups;

(iii) Had a sample size of at least one hundred participants and a follow-up interval of at least six months.

(b) Use one or more of the following strategies to prevent teenage pregnancy: encouraging teenagers to delay sexual activity, sex and HIV education, interventions for sexually active teenagers, preventive health services, youth development programs, serving learning programs, or outreach or media programs.

(2) Demonstrate that the applicant will pay at least twenty-five per cent of the cost of the program from funds derived from nonfederal sources. The applicant's share of the cost of the program may be provided in cash or in-kind services.

(3) Demonstrate that the grant funds will supplement, not supplant, funds that would otherwise be available to the entity for teenage prevention programs;

(4) Meet any other requirements established by the public health council in rules adopted under division (F) of this section.

(C)(1) The department shall give priority for awarding grants to applicants who serve one or more of the following communities:

(a) Communities with teenage pregnancy or birth rates higher than the state average, or with rising teenage pregnancy or birth rates;

(b) Communities with underserved or at-risk populations higher than the state average;

(c) Communities located in areas where the applicant may take advantage of other resources and coordinate with other programs serving youth, such as workforce development or after-school programs.

(2) The department shall not deny priority status to any of the following entities:

(a) A statewide or local not-for-profit coalition working to prevent teenage pregnancy;

(b) A state, local, or tribal agency;

(c) A public or private school;

(d) An entity that provides after-school programs;

(e) A community or faith-based group.

(D) A program is ineligible for grants under this section if the program is designated as an abstinence-only program or determined by the department to be an abstinence-only program.

(E) Each year, the department shall conduct an evaluation of at least ten per cent of programs to which grants are awarded under this section. As part of this evaluation, the department shall collect basic data on each program. The department shall prepare a report detailing the effectiveness of grants issued under this section. A copy of the report shall be submitted to the general assembly not later than the thirty-first day of December of each year.

The recipient of a grant awarded under this section shall provide all information requested by the department for purposes of the evaluation required by this division.

(F) The public health council may adopt rules in accordance with Chapter 119. of the Revised Code regarding the following:

(1) Any eligibility requirements for grant program applicants that are in addition to those provided in this section;

(2) The methodology to be employed by the department in determining which applicants will receive grants;

(3) Any other matters necessary for the implementation of this section.

Sec. 3701.135.  (A) As used in this section:

(1) "Emergency contraception" means any drug, drug regimen, or device approved by the United States food and drug administration to prevent pregnancy after unprotected sexual intercourse or contraceptive failure.

(2) "Health care practitioner" has the same meaning as in section 3701.74 of the Revised Code.

(B) The department of health shall cause to be published materials explaining emergency contraception. The materials shall include, at a minimum, the following information:

(1) An explanation of the use, safety, efficacy, and availability of emergency contraception;

(2) A recommendation regarding the use of emergency contraception in appropriate cases;

(3) An explanation of how an individual may obtain additional copies of the materials from the department.

(C) The department shall furnish copies of the materials published under division (B) of this section to all of the following:

(1) Health care practitioners;

(2) Hospitals, ambulatory surgical facilities, long-term care facilities, pharmacies, and emergency medical facilities;

(3) Any other health care organization providing public health services.

Sec. 3727.11. (A) As used in this section and section 3727.12 of the Revised Code:

(1) "Emergency contraception" means any drug, drug regimen, or device approved by the United States food and drug administration to prevent pregnancy after unprotected sexual intercourse or contraceptive failure.

(2) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.

(3) "Sexual assault" means a violation of any provision of sections 2907.02 to 2907.06 of the Revised Code.

(B) It shall be the standard of care for hospitals in this state for hospitals that offer organized emergency services to provide the following care to victims of sexual assault or individuals believed to be victims of sexual assault without regard of the victim's ability to pay for the care:

(1) The hospital shall provide the victim medically and factually accurate, unbiased, and clear and concise written and oral information about emergency contraception that explains the following:

(a) That emergency contraception has been approved by the United States food and drug administration for use by women of all ages with a prescription and as an over-the-counter medication for women eighteen years of age or older as a safe and effective means to prevent pregnancy after unprotected sexual intercourse or contraceptive failure if taken in a timely manner;

(b) That emergency contraception is more effective the sooner it is taken following unprotected sexual intercourse or contraceptive failure;

(c) That emergency contraception does not cause an abortion and studies have shown that it does not interrupt an established pregnancy.

(2) The hospital shall promptly offer the victim emergency contraception and provide the emergency contraception if the victim accepts the offer.

(3) The hospital shall promptly provide a victim with an assessment of the victim's risk of contracting sexually transmitted disease, conducted by a physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or a certified nurse-midwife and based on the following:

(a) The available information regarding the sexual assault as well as subsequent findings from the medical examinations and any tests conducted;

(b) The established standards of risk assessment, including consideration of any recommendations established by the United States centers for disease control and prevention, peer-reviewed clinical studies, and appropriate research using invitro and nonhuman primate model of infection.

(4) The hospital shall provide the victim with counseling, in clear and concise language, conducted by a physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or a certified nurse-midwife concerning the following:

(a) The significantly prevalent sexually transmitted diseases for which effective post-exposure treatment exists and for which deferral of treatment would either significantly reduce treatment efficacy or pose substantial risk to the victim's health;

(b) The requirement that treatment for diseases described in this section be provided to the victim on request, regardless of the victim's ability to pay for the treatment.

(5) The hospital shall offer to treat the victim for any sexually transmitted diseases to which the victim may have been exposed during the assault and provide the treatment if the victim consents to be treated.

(C) Notwithstanding any other provision of law, a minor may consent to examination under this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not required for an examination under this section. The parent, parents, or guardian of a minor giving consent under this section are not liable for payment for any services provided under this section without their consent.

(D) Nothing in this section shall be construed to mean the following:

(1) That a hospital shall be required to provide treatment to a victim of sexual assault if the treatment goes against recommendations established by the United States centers for disease control and prevention;

(2) That a victim shall be required to submit to any testing or treatment;

(3) That a hospital is prohibited from seeking reimbursement for the costs of services provided under this section from the victim's health insurance or medicaid, if applicable, and to the extent permitted by section 2907.28 of the Revised Code.

Sec. 3727.12.  In addition to other remedies under common law, an individual may file a complaint with the department of health if the individual believes a hospital has failed to comply with the requirements of section 3727.11 of the Revised Code. The department shall investigate the complaint in a timely manner. If the department determines a violation has occurred, the department shall do the following:

(A) If the hospital fails to provide the care or services required in section 3727.11 of the Revised Code to a sexual assault victim, impose a civil penalty of not less than ten thousand dollars for each violation;

(B) If the hospital has previously violated section 3727.11 of the Revised Code, the department may ask the attorney general to bring an action for injunctive relief in any court of competent jurisdiction. On the filing of an appropriate petition in the court, the court shall conduct a hearing on the petition. If it is demonstrated in the proceedings that the hospital has failed to provide the care or services, the court shall grant a temporary or permanent injunction enjoining the hospital's operation.

Sec. 3923.602. (A) No individual or group policy of sickness and accident insurance shall do either of the following:

(1) Limit or exclude coverage for prescription contraceptive drugs or devices approved by the United States food and drug administration, if the policy provides coverage for other prescription drugs or devices;

(2) Limit or exclude coverage for outpatient services rendered by a health care professional that are related to the provision of such drugs or devices, if the policy provides coverage for other outpatient services rendered by a health care professional.

(B) The coverage provided under division (A) of this section shall be subject to the same terms and conditions, including copayments and deductibles, that apply to similar coverage provided under the policy.

(C) This section applies notwithstanding section 3901.71 of the Revised Code.

Sec. 3923.611. (A) No public employee benefit plan shall do either of the following:

(1) Limit or exclude coverage for prescription contraceptive drugs or devices approved by the United States food and drug administration, if the plan provides coverage for other prescription drugs or devices;

(2) Limit or exclude coverage for outpatient services rendered by a health care professional that are related to the provision of such drugs and devices, if the plan provides coverage for other outpatient services rendered by a health care professional.

(B) The coverage provided under division (A) of this section shall be subject to the same terms and conditions, including copayments and deductibles, that apply to similar coverage provided under the plan.

(C) This section applies notwithstanding section 3901.71 of the Revised Code.

Sec. 4729.16.  (A) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on probation, or refuse to grant or renew an identification card, or may impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred dollars, if the board finds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;

(2) Guilty of dishonesty or unprofessional conduct in the practice of pharmacy;

(3) Addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy;

(4) Has been convicted of a misdemeanor related to, or committed in, the practice of pharmacy;

(5) Guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of any of the provisions of this chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions;

(6) Guilty of permitting anyone other than a pharmacist or pharmacy intern to practice pharmacy;

(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's name to an illegal practitioner of pharmacy or having professional connection with an illegal practitioner of pharmacy;

(8) Guilty of dividing or agreeing to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home;

(9) Has violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code;

(10) Has committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under this chapter or under Chapter 3715. or 3719. of the Revised Code;

(11) Has failed to comply with the requirements of section 4729.43 of the Revised Code.

(B) Any individual whose identification card is revoked, suspended, or refused, shall return the identification card and license to the offices of the state board of pharmacy within ten days after receipt of notice of such action.

(C) As used in this section:

"Unprofessional conduct in the practice of pharmacy" includes any of the following:

(1) Advertising or displaying signs that promote dangerous drugs to the public in a manner that is false or misleading;

(2) Except as provided in section 4729.281 of the Revised Code, the sale of any drug for which a prescription is required, without having received a prescription for the drug;

(3) Knowingly dispensing medication pursuant to false or forged prescriptions;

(4) Knowingly failing to maintain complete and accurate records of all dangerous drugs received or dispensed in compliance with federal laws and regulations and state laws and rules;

(5) Obtaining any remuneration by fraud, misrepresentation, or deception.

(D) The board may suspend a license or identification card under division (B) of section 3719.121 of the Revised Code by utilizing a telephone conference call to review the allegations and take a vote.

(E) If, pursuant to an adjudication under Chapter 119. of the Revised Code, the board has reasonable cause to believe that a pharmacist or pharmacy intern is physically or mentally impaired, the board may require the pharmacist or pharmacy intern to submit to a physical or mental examination, or both.

Sec. 4729.43.  (A) As used in this section:

(1) "Contraception" or "contraceptive" means any drug or device approved by the United States food and drug administration to prevent pregnancy.

(2) "Employee" means a person employed by a pharmacy by contract or any other form of an agreement.

(3) "Product" means a drug or device approved by the United States food and drug administration.

(4) "Professional judgment" means the use of professional knowledge and skills to form a clinical judgment in accordance with the prevailing medical standards.

(5) "Without delay" means a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products.

(B) Subject to division (E) of this section, if a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay.

(C) Subject to division (E) of this section, if a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy immediately shall inform the customer that the contraceptive is not in stock and without delay offer the customer the following options:

(1) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall do both of the following:

(a) Locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock;

(b) Refer the customer or transfer the prescription to that pharmacy.

(2) If the customer prefers to order the contraceptive through the pharmacy, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of products and notify the customer when the contraceptive arrives.

(D) The pharmacy shall ensure that its employees do not do any of the following:

(1) Intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception;

(2) Interfere with or obstruct the delivery of services relating to a request for contraception;

(3) Intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action;

(4) Breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality;

(5) Refuse to return a valid, lawful prescription for contraception on the customer's request.

(E) This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in any of the following circumstances:

(1) It is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented.

(2) The customer is unable to pay for the contraceptive.

(3) The employee of the pharmacy refuses to provide the contraceptive on the basis of a professional judgment.

Sec. 4729.45.  (A) Any person who believes that a violation of section 4729.43 of the Revised Code has occurred may file a complaint with the state board of pharmacy. Not later than thirty days after receiving the complaint, the board shall investigate the complaint and determine whether a violation occurred. If the board determines a violation occurred, the board shall impose a fine of not more than five thousand dollars for each violation.

(B) A person who has been injured by a violation of section 4729.43 of the Revised Code may bring a civil action in a court of competent jurisdiction to recover damages for the person's injury, as well as costs and reasonable attorney's fees.

(C) If the attorney general has cause to believe that a person or group of persons has been or may be injured by a violation of section 4729.43 of the Revised Code, the attorney general may commence a civil action in a court of competent jurisdiction to compel compliance with that section. In such action, the court may award appropriate relief on a finding that a violation or violations have occurred, including compensatory damages and punitive damages not exceeding five thousand dollars for each violation.

Section 2. That existing sections 2907.29, 3313.6011, and 4729.16 and section 3701.046 of the Revised Code are hereby repealed.

Section 3. That Section 206.42.03 of Am. Sub. H.B. 66 of the 126th General Assembly be amended to read as follows:

Sec. 206.42.03. CHILD AND FAMILY HEALTH SERVICES

Of the foregoing appropriation item 440-416, Child and Family Health Services, not more than $1,700,000 in each fiscal year shall be used for women's health services family planning services. None of the funds received through these family planning grants shall be used to provide abortion services. None of the funds received through these family planning grants shall be used for counseling for or referrals for abortion, except in the case of a medical emergency. These funds shall be distributed on the basis of the relative need in the community served by the Director of Health to family planning programs, which shall include family planning programs funded under Title V of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and Title X of the "Public Health Services Act," 58 Stat. 682 (1946), 42 U.S.C. 201, as amended, as well as to other family planning programs that the Department of Health also determines will provide services that do not include referrals for abortion, other than in the case of medical emergency, with state moneys, but that otherwise substantially comply with the quality standards for such programs under Title V and Title X.

The Director of Health, by rule, shall provide reasonable methods by which a grantee wishing to be eligible for federal funding may comply with these requirements for state funding without losing its eligibility for federal funding.

Of the foregoing appropriation item 440-416, Child and Family Health Services, not more than $270,000 shall be used in each fiscal year for the OPTIONS dental care access program.

Of the foregoing appropriation item 440-416, Child and Family Health Services, not more than $900,000 in each fiscal year shall be used by federally qualified health centers and federally designated look-alikes to provide services to uninsured low-income persons.

Of the foregoing appropriation item 440-416, Child and Family Health Services, not more than $500,000 in each fiscal year shall be used for abstinence-only education. The Director of Health shall develop guidelines for the establishment of abstinence programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. The guidelines shall be developed pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations. In the future, Ohio shall opt-out of federal Title V money until questions raised about its use in Ohio regarding the program's inefficacy, medical inaccuracies, lack of evaluation, and lack of qualified teachers are answered.

Agencies currently designated to receive the funding must complete a programmatic evaluation focused on outcomes, conducted by qualified independent evaluation teams to be determined by the Department. Ten per cent of Title V moneys distributed shall be used for purposes of such evaluation.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $10,000 in each fiscal year shall be allocated to the Jewish Family Services in Cleveland, $10,000 in each fiscal year shall be allocated to the Jewish Family Services in Cincinnati, $10,000 shall be allocated in each fiscal year to the Jewish Family Services in Columbus, and $10,000 in each fiscal year shall be allocated to the Wexner Heritage Village in Columbus for interpreters for health care.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $10,000 in each fiscal year shall be provided to the Jewish Family Services in Dayton, $5,000 in each fiscal year shall be provided to the Jewish Community Center in Akron, $5,000 in each fiscal year shall be provided to the Jewish Community Center in Sylvania, $2,500 in each fiscal year shall be provided to the Jewish Community Center in Youngstown, and $2,500 in each fiscal year shall be provided to the Jewish Community Center in Canton.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $450,000 in each fiscal year shall be allocated to the Visiting Nurse Association.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $16,667 in each fiscal year shall be allocated to the Yassenoff Jewish Community Center, $16,667 in each fiscal year shall be allocated to the Jewish Community Center in Cincinnati, and $16,666 in each fiscal year shall be allocated to the Jewish Community Center in Cleveland for children's health and nutrition camp programs.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to Clermont County's Comprehensive Community Suicide Prevention Program.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $100,000 in fiscal year 2006 shall be allocated to People Working Cooperatively in Cincinnati.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $50,000 in each fiscal year shall be allocated to the Mayerson Inclusion Project.

Section 4. That existing Section 206.42.03 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed.

Section 5. That Section 206.42.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended to read as follows:

Sec. 206.42.09. IMMUNIZATIONS

Of the foregoing appropriation item 440-418, Immunizations, $800,000 in fiscal year 2007 shall be used for the purchase of varicella vaccines.

FREE CLINIC LIABILITY INSURANCE

Of the foregoing appropriation item 440-431, Free Clinic Liability Insurance, up to $20,000 in each fiscal year may be used by the Department of Health for administrative expenses related to the Medical Liability Insurance Reimbursement Program. The remainder in each fiscal year shall be used to pay for medical liability insurance for free clinics, including the clinics' staff and volunteer health care professionals and volunteer health care workers. The necessity and feasibility of the program shall be reviewed as part of the next biennial budget.

HIV/AIDS PREVENTION/TREATMENT

Of the foregoing appropriation item 440-444, AIDS Prevention and Treatment, not more than $6.7 million per fiscal year shall be used to assist persons with HIV/AIDS in acquiring HIV-related medications.

INFECTIOUS DISEASE PREVENTION

The foregoing appropriation item 440-446, Infectious Disease Prevention, shall be used for the purchase of drugs for sexually transmitted diseases.

HELP ME GROW

The foregoing appropriation item 440-459, Help Me Grow, shall be used by the Department of Health to distribute subsidies to counties to implement the Help Me Grow Program. Appropriation item 440-459, Help Me Grow, may be used in conjunction with Temporary Assistance for Needy Families from the Department of Job and Family Services, Early Intervention funding from the Department of Mental Retardation and Developmental Disabilities, and in conjunction with other early childhood funds and services to promote the optimal development of young children. Local contracts shall be developed between local departments of job and family services and family and children first councils for the administration of TANF funding for the Help Me Grow Program. The Department of Health shall enter into an interagency agreement with the Department of Education, Department of Mental Retardation and Developmental Disabilities, Department of Job and Family Services, and Department of Mental Health to ensure that all early childhood programs and initiatives are coordinated and school linked.

TARGETED HEALTH CARE SERVICES OVER 21

In each fiscal year, of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $731,023 shall be used to administer the cystic fibrosis program and implement the Hemophilia Insurance Premium Payment Program.

Of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $850,000 in fiscal year 2006 and $950,000 in fiscal year 2007 shall be used to provide essential medications and to pay the copayments for drugs approved by the Department of Health and covered by Medicare Part D that are dispensed to Bureau for Children with Medical Handicaps (BCMH) participants, in accordance with the section of this act Am. Sub. H.B. 530 of the 126th General Assembly entitled "BCMH - MEDICARE PART D COPAYMENTS" for the cystic fibrosis program.

MATERNAL CHILD HEALTH BLOCK GRANT

Of the foregoing appropriation item 440-601, Maternal Child Health Block Grant (Fund 320), $2,091,299 shall be used in each fiscal year 2006 for the purposes of abstinence-only education. The Director of Health shall develop guidelines for the establishment of abstinence programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. The guidelines shall be developed under Title V of the "Social Security Act," 42 U.S.C. 510, and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations. In the future, Ohio shall opt-out of federal Title V money until questions raised about its use in Ohio regarding the program's inefficacy, medical inaccuracies, lack of evaluation, and lack of qualified teachers are answered.

Agencies currently designated to receive the funding must complete a programmatic evaluation focused on outcomes, conducted by qualified independent evaluation teams to be determined by the Department. Ten per cent of Title V moneys distributed shall be used for purposes of such evaluation.

GENETICS SERVICES

The foregoing appropriation item 440-608, Genetics Services (Fund 4D6), shall be used by the Department of Health to administer programs authorized by sections 3701.501 and 3701.502 of the Revised Code. None of these funds shall be used to counsel or refer for abortion, except in the case of a medical emergency.

SAFETY AND QUALITY OF CARE STANDARDS

The Department of Health may use Fund 471, Certificate of Need, for administering sections 3702.11 to 3702.20 and 3702.30 of the Revised Code in each fiscal year.

MEDICALLY HANDICAPPED CHILDREN AUDIT

The Medically Handicapped Children Audit Fund (Fund 477) shall receive revenue from audits of hospitals and recoveries from third-party payers. Moneys may be expended for payment of audit settlements and for costs directly related to obtaining recoveries from third-party payers and for encouraging Medically Handicapped Children's Program recipients to apply for third-party benefits. Moneys also may be expended for payments for diagnostic and treatment services on behalf of medically handicapped children, as defined in division (A) of section 3701.022 of the Revised Code, and Ohio residents who are twenty-one or more years of age and who are suffering from cystic fibrosis or hemophilia. Moneys may also be expended for administrative expenses incurred in operating the Medically Handicapped Children's Program.

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND PERMIT FUND

The Director of Budget and Management, pursuant to a plan submitted by the Department of Health, or as otherwise determined by the Director of Budget and Management, shall set a schedule to transfer cash from the Liquor Control Fund (Fund 043) to the Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating needs of the Alcohol Testing and Permit program.

The Director of Budget and Management shall transfer to the Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control Fund (Fund 043) created in section 4301.12 of the Revised Code such amounts at such times as determined by the transfer schedule.

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

The foregoing appropriation item 440-607, Medically Handicapped Children - County Assessments (Fund 666), shall be used to make payments under division (E) of section 3701.023 of the Revised Code.

Section 6. That existing Section 206.42.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, is hereby repealed.

Section 7. That Section 206.42.06 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed.

Section 8. Section 1751.661 of the Revised Code shall apply only to policies, contracts, and agreements that are delivered, issued for delivery, or renewed in this state on or after the effective date of this act; section 3923.602 of the Revised Code shall apply to policies of sickness and accident insurance on or after the effective date of this act in accordance with section 3923.01 of the Revised Code; and section 3923.611 of the Revised Code shall apply only to plans that are established or modified in this state on or after the effective date of this act.