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H. B. No. 293 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Yuko, Boyd, Williams, S., DeBose, Skindell, Foley, Patten, Harris, Garland, Celeste, Stewart, Heard, Weddington, Dyer, Sykes, Slesnick, Koziura, Hagan, Letson, Chandler, Pryor, Domenick
A BILL
To amend sections 2907.29, 3313.60, 3313.6011,
3314.03, 3326.11, and 4729.16; to
enact sections
1751.69, 3701.048, 3701.137, 3727.60, 3727.601,
3727.602, 3923.85, 4729.43, and
4729.44; and to
repeal section 3701.046 of the
Revised
Code
regarding assistance for
pregnancy
prevention.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.29, 3313.60, 3313.6011,
3314.03, 3326.11, and 4729.16 be
amended and sections 1751.69,
3701.048, 3701.137, 3727.60,
3727.601, 3727.602, 3923.85,
4729.43, and 4729.44 of the Revised
Code be enacted to read as
follows:
Sec. 1751.69. (A) Notwithstanding section 3901.71 of the
Revised Code, no individual or group health insuring
corporation
policy, contract, or agreement that is delivered, issued for
delivery, or renewed in this state 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.
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
sexually transmitted
disease, pregnancy, medical, and psychiatric
services in
accordance with section 3727.601 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. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52
of
the Revised Code.
(A) The board of education of each city and exempted village
school
district, the governing board of each educational
service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing,
spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of
Ohio,
and national, state, and local government in the United
States,
including a balanced presentation of the relevant
contributions to
society of men and women of African, Mexican,
Puerto Rican, and
American Indian descent as well as other ethnic
and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
the use and effects of food additives;
(b) The harmful effects of and legal restrictions against
the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease Sexually transmitted infection
prevention education, including HIV/AIDS prevention education in
accordance with section 3313.6011 of the Revised Code, except that
upon written
request of
the student's parent or guardian, a
student shall
be
excused
from taking instruction in venereal
disease education;
sexually transmitted infection prevention.
Instruction shall stress, if age-appropriate, the value of
abstinence while not ignoring those who have been or are sexually
active. Therefore, abstinence shall not be taught to the exclusion
of other instruction and materials on contraceptive and disease
reduction measures.
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in personal safety and assault
prevention.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention,
except
that upon written request of
the student's parent or
guardian,
a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section,
every
school or school district shall include in the requirements
for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by
the board, are able to
demonstrate mastery of essential concepts
and skills of the
eighth
grade American history course of study.
(C) Except as provided in division (E) of this section,
every
high school shall include in the requirements for
graduation
from
any curriculum one unit of American history and
government,
including a study of the constitutions of the United
States and of
Ohio.
(D) Except as provided in division (E) of this section,
basic
instruction in geography, United States history, the
government of
the United States, the government of the state of
Ohio, local
government in Ohio, the Declaration of Independence,
the United
States Constitution, and the Constitution of the state
of Ohio
shall be required before pupils may participate in
courses
involving the study of social problems, economics,
foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school
under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its
administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each
model
curriculum developed pursuant to section 3301.079 of the
Revised
Code, which copies shall be available at all times during
school
hours in each district school building.
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 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.
(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;
(2) Teach the potential physical, psychological, emotional,
and
social side effects of participating in sexual activity
outside of marriage;
(3) Teach that conceiving children out of wedlock is likely
to have
harmful consequences for the child, the child's parents,
and society;
(4) Stress that sexually transmitted diseases are serious
possible hazards of sexual activity;
(5) Advise students of the laws pertaining to financial
responsibility of parents to children born in and out of
wedlock;
(6) 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;
(7) Emphasize adoption as an option for unintended
pregnancies.
(1) "Age-appropriate" means designed to teach concepts,
information, and skills based on the social, cognitive, emotional,
and experience level of pupils.
(2) "Comprehensive sexual health education" means education
regarding human development and sexuality, including education on
sexual health, family planning, and sexually transmitted
infections.
(3) "HIV/AIDS prevention education" means instruction on the
nature of HIV/AIDS, methods of transmission, strategies to reduce
the risk of human immunodeficiency virus (HIV) infection, and
social and public health issues related to HIV/AIDS. "HIV/AIDS
prevention education" is not comprehensive sexual health
education.
(4) "Instructors trained in the appropriate courses" means
instructors with knowledge of the most recent medically and
scientifically accurate research on human sexuality, pregnancy,
and sexually transmitted infections.
(5) "Medically and scientifically accurate" means verified or
supported by research conducted in compliance with scientific
methods and published in peer-reviewed journals, where
appropriate, and recognized as accurate and objective by
professional organizations and agencies with expertise in the
relevant field, such as the United States centers for disease
control and prevention and the American college of obstetricians
and gynecologists.
(B) Any school district or educational service center may
offer comprehensive sexual health education. Beginning August 1,
2010, each school district and educational service center that
elects to offer comprehensive sexual health education shall ensure
that the program meets all of the following requirements:
(1) Instruction and materials shall be age-appropriate.
(2) All factual information shall be medically and
scientifically accurate.
(3) Instruction and materials shall be appropriate for use
with all pupils regardless of gender, race, ethnic and cultural
background, religion, disability, sexual orientation, or gender
identity.
(4) Instruction and materials shall encourage pupils to
communicate with their parents or guardians about human sexuality.
(5) Instruction and materials shall teach all of the
following:
(a) That abstinence from sexual activity is the only certain
way to avoid pregnancy, sexually transmitted diseases, and other
associated health problems;
(b) That bearing children outside of a committed relationship
is likely to have consequences for the child, the child's parents,
and society;
(c) Young people how to effectively reject sexual advances
and how
alcohol and drug use increases vulnerability to sexual
advances;
(d) The importance of attaining self-sufficiency before
engaging in sexual activity.
(6)
If age-appropriate, instruction and materials shall
stress
the value of abstinence while not ignoring those young
people who
have been or are sexually active. Therefore,
abstinence shall not
be taught to the exclusion of other
instruction and materials on
contraceptive and disease reduction
measures.
(7) If age-appropriate, instruction and materials shall
provide information about the effectiveness and safety, including
the health benefits and side effects, of all contraceptive methods
in preventing unintended pregnancy and reducing the risk of
contracting sexually transmitted infections.
(8) Instruction about sexually transmitted infections shall
commence not later than grade seven. That instruction shall
include how
sexually transmitted infections are and are not
transmitted, the
effectiveness and methods of reducing the risk
of contracting
sexually transmitted infections, and
identification of local
resources for testing and medical care
for sexually transmitted
infections and HIV.
(9) If age-appropriate, instruction and materials shall
provide pupils with skills for negotiating intimate relationships
and making and implementing responsible decisions about sexuality.
(10) If age-appropriate, instruction and materials shall
include a discussion of the possible emotional, physical, and
psychological consequences of preadolescent and adolescent sexual
activity and the emotional, physical, and psychological
consequences of unintended pregnancy.
(11) Instruction and materials shall teach pupils to
recognize unwanted physical and verbal sexual advances, not to
make unwanted physical and verbal sexual advances, and how to
effectively reject unwanted sexual advances. The instruction and
materials shall cover verbal, physical, and visual sexual
harassment, including nonconsensual physical sexual contact and
rape by an acquaintance or family member. The course information
and materials shall emphasize personal accountability and respect
for others and shall encourage youth to resist peer pressure.
(12) Comprehensive sexual health education shall not include
any instruction or materials that teach or promote religious
doctrine.
A school district or educational service center may use
separate, outside speakers or prepared curricula to teach
different content areas or units with the comprehensive sexual
health education program, as long as all speakers, curricula, and
materials used comply with this section.
(C) Each city, local, exempted village, and joint vocational
school district shall ensure that each pupil in grades seven
through twelve receives HIV/AIDS prevention education from
instructors trained in the appropriate courses. Each pupil shall
receive this instruction at least once in grades seven through
nine, and at least once in grades ten through twelve. HIV/AIDS
prevention education, whether taught by school district personnel
or outside consultants, shall accurately reflect the latest
information and recommendations from the United States surgeon
general, the United States centers for disease control and
prevention, and the national academy of sciences, and shall
include all of the following:
(1) Information on the nature of HIV/AIDS and its effects on
the human body;
(2) Information on the manner in which HIV is and is not
transmitted, including information on activities that present the
highest risk of HIV infection;
(3) Discussion of methods to reduce the risk of HIV
infection, which shall emphasize that sexual abstinence, monogamy,
and the avoidance of multiple sexual partners, and abstinence from
intravenous drug use, are the most effective means for HIV/AIDS
prevention, but shall also include statistics based upon the
latest medical information citing the success and failure rates of
condoms and other contraceptives in preventing sexually
transmitted HIV infection, as well as information on other methods
that may reduce the risk of HIV transmission from intravenous drug
use;
(4) Discussion of the public health issues associated with
HIV/AIDS;
(5) Information on local resources for HIV testing and
medical care;
(6) Instruction and materials that provide pupils with skills
for negotiating intimate relationships and making and implementing
responsible decisions about sexuality;
(7) Discussion about societal views on HIV/AIDS, including
stereotypes and myths regarding persons with HIV/AIDS, which shall
emphasize an understanding of the disease and its impact on
people's lives;
(8) Instruction and materials that teach pupils to recognize
unwanted physical and verbal sexual advances, not to make unwanted
physical and verbal sexual advances, and how to effectively reject
unwanted sexual advances. The instruction and materials shall
cover verbal, physical, and visual sexual harassment, including
nonconsensual physical sexual contact and rape by an acquaintance
or family member. The course information and materials shall
emphasize personal accountability and respect for others and shall
encourage youth to resist peer pressure.
(D) Each school district and educational service center shall
cooperatively plan and provide, through regional planning, joint
powers agreements, or contract services, in-service training for
all school district personnel who provide comprehensive sexual
health education or HIV/AIDS prevention education. In doing so,
each district and service center shall consult with the department
of education.
The in-service training shall be conducted periodically to
enable district and service center personnel to learn new
developments in the scientific understanding of sexual health and
HIV/AIDS. The in-service training shall be voluntary for district
and service center personnel who have demonstrated expertise or
received in-service training from the department or the United
States centers for disease control and prevention.
A district or service center may contract with outside
consultants with expertise in comprehensive sexual health
education and HIV/AIDS prevention education, including those who
have developed multilingual curricula or curricula accessible to
persons with disabilities, to deliver the in-service training to
district or service center personnel.
(E) At the beginning of each school year, or at the time of
enrollment in the case of a pupil who enrolls after the beginning
of the school year, each school district shall notify the parent
or guardian of each pupil about instruction in comprehensive
sexual health education and HIV/AIDS prevention education and
about research on pupil health behaviors and health risks planned
for that year. The notice shall advise parents and guardians of
all of the following:
(1) That written and audio-visual educational materials used
in comprehensive sexual health education and HIV/AIDS prevention
education are available for inspection;
(2) Whether comprehensive sexual health education or HIV/AIDS
prevention education will be taught by school district personnel
or by outside consultants;
(3) That a parent or guardian may request a copy of this
section;
(4) That a parent or guardian may request in writing that the
child not receive comprehensive sexual health education or
HIV/AIDS prevention education.
A school district or educational service center shall not
permit a pupil to attend any class in comprehensive sexual health
education or HIV/AIDS prevention education if the school has
received a written request from the pupil's parent or guardian
excusing the pupil from participation. A pupil who is so excused
shall not be subject to disciplinary action, academic penalty, or
other sanction, and the district or service center shall make an
alternative educational activity available for the pupil while
comprehensive sexual health education or HIV/AIDS prevention
education is conducted.
Each school district and educational service center shall
make written and audio-visual educational materials used in
comprehensive sexual health education and HIV/AIDS prevention
education available for inspection by the parents and guardians of
pupils. Each school district shall provide a copy of this section
upon request to the parent or guardian of a pupil enrolled in the
district.
(F) 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
(G) If a
school district or educational service center does not elect to
offer comprehensive sexual health education under this section,
any sexual education that the school district or educational
service center offers, including instruction in sexually
transmitted infection prevention pursuant to division (A)(5)(c) of
section 3313.60 of the Revised Code, shall stress, if
age-appropriate, the value of abstinence while not ignoring those
who have been or are sexually active. Therefore, abstinence shall
not be taught to the exclusion of other instruction and materials
on contraceptive and disease reduction measures.
(H)
Notwithstanding section
3302.07 of the
Revised Code,
the
superintendent of public
instruction shall not approve,
pursuant
to
that 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. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;.
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
assessments;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised
Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state.
Audits shall be conducted in
accordance
with
section
117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year.
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school.
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution.
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
3313.6011,
3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71,
3313.716,
3313.718,
3313.719,
3313.80, 3313.86,
3313.96,
3319.073,
3319.321,
3319.39, 3319.391, 3319.41, 3321.01,
3321.041, 3321.13,
3321.14,
3321.17,
3321.18,
3321.19,
3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters
117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167.
of
the Revised Code
as if
it were a
school
district
and
will
comply with section
3301.0714
of the
Revised
Code in
the
manner
specified in section
3314.17
of
the
Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code.
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five
years
unless such contract has been renewed pursuant to
division
(E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or educational service center
building or is to be a new start-up
school, and if it is a
converted public school or service center building, specification
of
any duties or
responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating
to the
governing authority of the community
school with respect to
all
or any specified group of employees provided the
delegation is
not
prohibited by a collective bargaining agreement applicable
to
such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the
Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the
Revised Code, except that any action required
to
be taken by a school
district pursuant to those
sections shall
be taken by the sponsor of
the school. However,
the sponsor
shall not be required to take any
action described in
division
(F) of section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school or educational service center building, alternative
arrangements
for current public school
students who choose
not to
attend the converted school and for teachers who
choose not to
teach in
the school or building after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.608, 3313.6011, 3313.6012,
3313.6013,
3313.6014,
3313.6015,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666,
3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69,
3313.71,
3313.716,
3313.718,
3313.719, 3313.80, 3313.801,
3313.86,
3313.96,
3319.073,
3319.21, 3319.32,
3319.321,
3319.35,
3319.39,
3319.391, 3319.41,
3319.45,
3321.01,
3321.041,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19,
3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters
102., 117.,
1347.,
2744.,
3307.,
3309.,
3365.,
3742.,
4112.,
4123.,
4141.,
and
4167. of
the
Revised Code
as if it were
a
school
district.
Sec. 3701.048. (A) There is hereby created the Ohio teen
pregnancy prevention task force. The task force shall commence its
activities not later than thirty days after the effective date of
this section.
(B)(1) The task force shall consist of the following members:
(a) The director of health or the director's designee;
(b) The superintendent of public instruction or the
superintendent's designee;
(c) Two members of the house of representatives, one
appointed by the speaker of the house of representatives and one
appointed by the minority leader of the house of representatives;
(d) Two members of the senate, one appointed by the president
of the senate and one appointed by the minority leader of the
senate;
(e) Representatives of the following, appointed by the
director of health:
(i) Community-based organizations that provide teen pregnancy
prevention services;
(ii) Public health professionals;
(iii) Licensed medical practitioners;
(2) Members shall serve without compensation, but may be
reimbursed for actual and necessary expenses incurred in the
performance of their duties. The department of health shall
provide meeting space for the task force.
(C) The director of health or the director's designee shall
serve as chairperson of the task force. The director may appoint
additional task force members under division (B)(1)(e) of this
section who are relevant to the duties of the task force.
(D) The task force shall do all of the following:
(1) Convene at the call of the chairperson;
(2) Advise the governor and general assembly on strategies to
prevent teen pregnancy in this state;
(3) Monitor and evaluate implementation of strategies to
prevent teen pregnancy in this state, identify barriers to
implementing those strategies, and establish methods to overcome
the barriers;
(4) Collect and maintain information regarding successful
teen pregnancy prevention programs, research, and other relevant
materials to guide the governor and general assembly in their
efforts to reduce the number of teen pregnancies in this state;
(5) Explore the establishment of a program within the
department of health that would award grants to public and private
entities to establish or expand teen pregnancy prevention
programs;
(6) Collect information provided by local communities
regarding successful teen pregnancy prevention programs;
(7) Hold meetings and maintain records of the meetings;
(8) Perform any other duties specified by the director of
health.
(E) Not later than December 1 of each year, the task force
shall submit an annual report to the governor and general assembly
that summarizes its findings and recommendations for changes to
the laws of this state regarding teen pregnancy. The initial
report shall also include a comprehensive assessment of teen
pregnancy in this state and make recommendations for reducing the
number of teen pregnancies. Subsequent reports shall also evaluate
the success of programs undertaken to reduce teen pregnancies and
make additional recommendations as necessary.
Sec. 3701.137. (A) As used in this section, "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.
(B) The department of health shall create and make available
on its web
site information explaining emergency contraception.
The
information shall be made available in a format suitable for
downloading. The information shall include an explanation of the
use, safety, efficacy, and availability of emergency
contraception, and a recommendation regarding the use of emergency
contraception in appropriate cases.
Sec. 3727.60. As used in this section and sections 3727.601
and 3727.602
of the Revised Code:
(A) "Drug" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(g)(1), as amended.
(B) "Device" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(h), as amended.
(C) "Emergency contraception" means any drug, drug regimen,
or device approved by the United States food and drug
administration that is
intended to prevent pregnancy after
unprotected sexual intercourse
or contraceptive failure.
(D) "Sexual assault" means a violation of sections 2907.02 to
2907.06 of the Revised Code.
Sec. 3727.601. (A) It shall be the standard of care in this
state for hospitals that offer organized emergency services to
provide the services specified in division (B) of this section to
victims of sexual assault or
individuals believed to be victims
of sexual assault. The services shall be provided without
regard
to the victim's ability to pay for the services.
(B)(1) Except as provided in division (D)(1) of this section,
the hospital shall provide the victim or individual
believed to
be a victim with information about emergency
contraception. The
information shall be medically and
factually
accurate and
unbiased. It shall be provided in clear and concise
language in
both written and
oral formats. The information shall
explain 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 product for
women seventeen years of age or older as a safe and effective
means
to prevent pregnancy after unprotected sexual intercourse
or
contraceptive failure if used in a timely manner;
(b) That emergency contraception is more effective the sooner
it is used 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) Except as provided in division (D)(1) of this section,
the hospital shall promptly offer emergency
contraception to the
victim or individual believed to be a victim
and provide the
emergency contraception if the
victim or
individual accepts the
offer.
(3) The hospital shall promptly provide the victim or
individual believed to be a victim with an
assessment of the
victim's or individual's risk of contracting sexually
transmitted
diseases, including gonorrhea, chlamydia, syphilis, and
hepatitis.
The assessment shall be conducted by a physician,
physician
assistant, clinical nurse specialist, certified nurse
practitioner, or a certified nurse-midwife. The assessment shall
be based on the
following:
(a) The available information regarding the sexual assault;
(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 in vitro and
nonhuman primate models of infection.
(4) After conducting the assessment, the hospital shall
provide the victim or individual believed to be a victim with
counseling concerning the significantly prevalent sexually
transmitted diseases
for which effective postexposure treatment
exists and for which
deferral of treatment would either
significantly reduce treatment
efficacy or pose substantial risk
to the victim's or individual's health,
including the diseases
for which
prophylactic
treatment is recommended based on
guidelines from
the centers for
disease control and prevention.
The counseling
shall be provided by a physician, physician
assistant, clinical
nurse specialist, certified nurse
practitioner, or certified
nurse-midwife. The counseling shall be
provided in clear and
concise language.
(5) After providing the counseling, the hospital shall offer
treatment for sexually transmitted diseases to the victim or
individual believed to be a victim. The hospital shall provide the
treatment if the victim or individual accepts the offer.
(6) Before the victim or individual believed to be a victim
leaves the hospital, the hospital shall provide the victim or
individual with counseling on
the physical and mental health
benefits of seeking
follow-up care from the victim's or
individual's primary care physician or from
another medical care
provider capable of providing follow-up care
to victims of sexual
assault. The counseling shall include information on local
organizations and relevant health providers capable
of providing
either follow-up medical care or other health
services to victims
of sexual assault. The counseling shall be provided by a
physician, physician assistant, clinical nurse specialist,
certified nurse practitioner, or certified nurse-midwife. The
counseling shall be provided in clear and concise language.
(C) In the case of minors, the services specified in this
section shall be provided
at the discretion of the treating
physician and in accordance with the guidelines of the centers for
disease control and prevention.
Notwithstanding any other provision of law, a minor may
consent to the services specified in 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
the services to be provided. 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)(1) In the case of a victim or individual believed to be a
victim of sexual assault who is pregnant, as confirmed by a
positive pregnancy test, a hospital is not required to provide
information about emergency contraception, to offer emergency
contraception, or to provide emergency contraception.
(2) Nothing in this section shall be construed to mean the
following:
(a) That a hospital is required to provide treatment to
a
victim or individual believed to be a victim of sexual assault if
the treatment goes against
recommendations established by the
United States centers for
disease control and prevention;
(b) That a victim or individual believed to be a victim of
sexual assault is required to submit to any
testing
or
treatment;
(c) That a hospital is prohibited from seeking reimbursement
for the costs of services provided under this section from the
victim's or individual's health insurance or from medicaid, if
applicable, and to the
extent permitted by section 2907.28 of the
Revised Code.
Sec. 3727.602. 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 3727.601 of the Revised Code. The
department shall investigate the complaint in a timely manner.
If the department determines that a hospital has failed to
provide the care or services
required in section 3727.601 of the
Revised Code to a sexual
assault victim, the department shall,
pursuant to an adjudication under Chapter 119. of the Revised
Code, impose a civil penalty of not less than ten
thousand
dollars for each violation.
If the hospital has previously violated section 3727.601
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. 3923.85. (A) Notwithstanding section 3901.71 of the
Revised Code, no individual or group policy of sickness
and
accident
insurance that is delivered, issued for delivery, or
renewed in this state or public employee benefit plan that is
established or modified in this state 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 or 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 or devices, if the policy or 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 policy or plan.
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) When it is unlawful to dispense the contraceptive to the
customer without a valid, lawful prescription and no such
prescription is presented.
(2) When the customer is unable to pay for the contraceptive.
(3) When the employee of the pharmacy refuses to provide the
contraceptive on the basis of a professional judgment.
Sec. 4729.44. (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, 3313.60,
3313.6011, 3314.03, 3326.11, and
4729.16 and section 3701.046 of
the Revised Code are hereby
repealed.
Section 3. Section 1751.69 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, and section 3923.85 of the Revised
Code
shall apply to policies of sickness and accident insurance
delivered, issued for delivery, or renewed in this state
and
public employee benefit plans that are established or modified
in
this state on or after the effective date of this act.
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