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H. B. No. 480 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Driehaus, Ramos
Cosponsors:
Representatives Murray, Hagan, R., Antonio, Patmon, Garland, Gerberry, Letson, Yuko, Foley, Reece, Phillips, Fende
A BILL
To amend sections 3701.132 and 3701.83 and to enact
sections 329.044, 3701.66, and 3701.67 of the
Revised Code regarding the possible hazards of
fetal exposure to the chemical bisphenol-A (BPA).
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.132 and 3701.83 be amended and
sections 329.044, 3701.66, and 3701.67 of the Revised Code be
enacted to read as follows:
Sec. 329.044. As used in this section, "public assistance
recipient" means an individual who is receiving cash assistance or
services under any of the following programs: medicaid; Ohio works
first; prevention, retention, and contingency; and supplemental
nutrition assistance.
A county department of job and family services shall provide
to each public assistance recipient who is pregnant or believes
she may be pregnant a copy of the publications on fetal exposure
to the chemical bisphenol-A (BPA) made available by the department
of health under section 3701.67 of the Revised Code. The county
department shall provide the copy of the publications regarding
BPA as early in the public assistance recipient's pregnancy as
possible.
Sec. 3701.132. The department of health is hereby designated
as the state agency to administer the "special supplemental
nutrition program for women, infants, and children" (WIC)
established under the "Child Nutrition Act of 1966," 80 Stat. 885,
42 U.S.C. 1786, as amended. The public health council may adopt
rules pursuant to Chapter 119. of the Revised Code as necessary
for administering the program. The rules may include civil money
penalties for violations of the rules.
In determining eligibility for services provided under the
program, the department may use the application form established
under section 5111.013 of the Revised Code for the healthy start
program. The department may require applicants to furnish their
social security numbers.
The department shall require each agency it authorizes to
serve as a WIC clinic to provide to each WIC recipient who is
pregnant or believes she may be pregnant a copy of the
publications on fetal exposure to the chemical bisphenol-A (BPA)
made available by the department under section 3701.67 of the
Revised Code. The department shall require the WIC clinic to
provide the copy of the publications regarding BPA as early in the
WIC recipient's pregnancy as possible.
If the department determines that a vendor has committed an
act with respect to the program that federal statutes or
regulations or state statutes or rules prohibit, the department
shall take action against the vendor in the manner required by 7
C.F.R. part 246, including imposition of a civil money penalty in
accordance with 7 C.F.R. 246.12, or rules adopted under this
section.
Sec. 3701.66. (A) No person shall sell or offer for sale any
of the following that contains the chemical bisphenol-A (BPA):
baby bottles, pacifiers, and drinking glasses or cups intended for
use by children younger than five years of age.
(B) If the director of health determines that any person has
violated division (A) of this section, the director shall impose a
fine of five thousand dollars on the violator for a first offense.
The fine for each subsequent offense shall be increased by fifty
per cent of the fine imposed for the immediately preceding
offense.
(C) On the request of the director, the attorney general
shall bring and prosecute to judgment a civil action to collect
any fine imposed under division (B) of this section that remains
unpaid.
(D) All fines collected under this section shall be deposited
into the state treasury to the credit of the general operations
fund created under section 3701.83 of the Revised Code. The fines
shall be used for purposes of section 3701.67 of the Revised Code,
except that if the fines exceed the amounts needed for purposes of
that section, the surplus may be used for other purposes of the
department of health.
Sec. 3701.67. (A) As used in this section:
(1) "Health care professional" means all of the following:
(a) A person authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) A person authorized under Chapter 4730. of the Revised
Code to practice as a physician assistant;
(c) A person authorized under Chapter 4723. of the Revised
Code to practice as a registered nurse, including as a certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner;
(d) A person authorized under Chapter 4723. of the Revised
Code to provide services as a certified community health worker;
(e) A person authorized under Chapter 4757. of the Revised
Code to practice as an independent social worker, social worker,
professional clinical counselor, professional counselor,
independent marriage and family therapist, or marriage and family
therapist;
(f) A person authorized under Chapter 4732. of the Revised
Code to practice as a psychologist or school psychologist;
(g) A person authorized under Chapter 3319. of the Revised
Code to practice as a school psychologist;
(h) Any other person authorized under the Revised Code to
engage in the practice of a health care profession considered by
the department of health to be a profession that has substantial
contact with patients or clients who are pregnant.
(2) "Health care provider" means all of the following:
(a) A health care professional;
(b) A health department operated by the board of health of a
city or general health district or the authority having the duties
of a board of health under section 3709.05 of the Revised Code;
(c) A health center operated by a school that provides
services to students of childbearing age;
(d) A clinic or any other facility where prenatal care is
provided.
(B) The department of health, on its internet web site, shall
make available publications that contain standardized, objective
information about the possible health effects and other hazards of
fetal exposure to the chemical bisphenol-A (BPA). The department
shall make the publications available in a format that is suitable
for both printing and downloading by health care providers and any
other person seeking information about BPA.
(C) The department shall encourage health care providers to
distribute either printed or electronic copies of the publications
described in division (B) of this section to all of their patients
or clients who are pregnant. In doing so, the department shall
recommend that the publications be distributed to each patient or
client as early in the pregnancy as possible.
Sec. 3701.83. (A) There is hereby created in the state
treasury the general operations fund. Moneys in the fund shall be
used for the purposes specified in sections 3701.04, 3701.344,
3701.66, 3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02,
3721.022, 3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the
Revised Code.
(B) The alcohol testing program fund is hereby created in the
state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive transfers from the liquor control fund
created under section 4301.12 of the Revised Code. All investment
earnings of the alcohol testing program fund shall be credited to
the fund.
Section 2. That existing sections 3701.132 and 3701.83 of the
Revised Code are hereby repealed.
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