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S. B. No. 190 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Sawyer, Schiavoni, Skindell, Smith, Turner, Tavares
A BILL
To amend sections 121.22, 2907.29, 3313.60,
3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and
4729.35 and to enact sections 1751.69, 3701.048,
3727.60, 3727.601, 3727.602, 3923.85, 4729.43, and
4729.44 of the Revised Code regarding assistance
for pregnancy prevention and hospital services for
victims of sexual assault.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.22, 2907.29, 3313.60, 3313.6011,
3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 be amended and
sections 1751.69, 3701.048, 3727.60, 3727.601, 3727.602, 3923.85,
4729.43, and 4729.44 of the Revised Code be enacted to read as
follows:
Sec. 121.22. (A) This section shall be liberally construed
to require public officials to take official action and to conduct
all deliberations upon official business only in open meetings
unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or authority,
and any legislative authority or board, commission, committee,
council, agency, authority, or similar decision-making body of any
county, township, municipal corporation, school district, or other
political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic,
municipal, and public use when meeting for the purpose of the
appointment, removal, or reappointment of a member of the board of
directors of such a district pursuant to section 6115.10 of the
Revised Code, if applicable, or for any other matter related to
such a district other than litigation involving the district. As
used in division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01
of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an inmate,
patient, or resident of a state or local institution because of
criminal behavior, mental illness or retardation, disease,
disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public
meetings open to the public at all times. A member of a public
body shall be present in person at a meeting open to the public to
be considered present or to vote at the meeting and for purposes
of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public
body shall be promptly prepared, filed, and maintained and shall
be open to public inspection. The minutes need only reflect the
general subject matter of discussions in executive sessions
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(2) An audit conference conducted by the auditor of state or
independent certified public accountants with officials of the
public office that is the subject of the audit;
(3) The adult parole authority when its hearings are
conducted at a correctional institution for the sole purpose of
interviewing inmates to determine parole or pardon;
(4) The organized crime investigations commission established
under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established
under section 307.621 of the Revised Code and meetings conducted
pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to
suspend a certificate without a prior hearing pursuant to division
(G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend
a license or certificate without a prior hearing pursuant to
division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to
suspend a license without a prior hearing pursuant to division
(D)(E) of section 4729.16 of the Revised Code;
(9) The state chiropractic board when determining whether to
suspend a license without a hearing pursuant to section 4734.37 of
the Revised Code;
(10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation
formed under section 187.01 of the Revised Code or any committee
thereof, and the board of directors of any subsidiary of that
corporation or a committee thereof.
(E) The controlling board, the development financing advisory
council, the industrial technology and enterprise advisory
council, the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council, or authority members present, may close the meeting
during consideration of the following information confidentially
received by the authority, council, or board from the applicant:
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or members
of the applicant's immediate family, including, but not limited
to, tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to accept or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a reasonable
method whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. A public body shall not hold a special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification, except in the
event of an emergency requiring immediate official action. In the
event of an emergency, the member or members calling the meeting
shall notify the news media that have requested notification
immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this section, the
members of a public body may hold an executive session only after
a majority of a quorum of the public body determines, by a roll
call vote, to hold an executive session and only at a regular or
special meeting for the sole purpose of the consideration of any
of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for the elected official's removal from office.
If a public body holds an executive session pursuant to division
(G)(1) of this section, the motion and vote to hold that executive
session shall state which one or more of the approved purposes
listed in division (G)(1) of this section are the purposes for
which the executive session is to be held, but need not include
the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes,
or for the sale of property at competitive bidding, if premature
disclosure of information would give an unfair competitive or
bargaining advantage to a person whose personal, private interest
is adverse to the general public interest. No member of a public
body shall use division (G)(2) of this section as a subterfuge for
providing covert information to prospective buyers or sellers. A
purchase or sale of public property is void if the seller or buyer
of the public property has received covert information from a
member of a public body that has not been disclosed to the general
public in sufficient time for other prospective buyers and sellers
to prepare and submit offers.
If the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the subject
of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law
or regulations or state statutes;
(6) Details relative to the security arrangements and
emergency response protocols for a public body or a public office,
if disclosure of the matters discussed could reasonably be
expected to jeopardize the security of the public body or public
office;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, a joint township hospital
operated pursuant to Chapter 513. of the Revised Code, or a
municipal hospital operated pursuant to Chapter 749. of the
Revised Code, to consider trade secrets, as defined in section
1333.61 of the Revised Code.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section
shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting that
results from deliberations in a meeting not open to the public is
invalid unless the deliberations were for a purpose specifically
authorized in division (G) or (J) of this section and conducted at
an executive session held in compliance with this section. A
resolution, rule, or formal action adopted in an open meeting is
invalid if the public body that adopted the resolution, rule, or
formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this
section. An action under division (I)(1) of this section shall be
brought within two years after the date of the alleged violation
or threatened violation. Upon proof of a violation or threatened
violation of this section in an action brought by any person, the
court of common pleas shall issue an injunction to compel the
members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall order
the public body that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in division (I)(2) of this section, reasonable
attorney's fees. The court, in its discretion, may reduce an award
of attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of violation or threatened
violation that was the basis of the injunction, a well-informed
public body reasonably would believe that the public body was not
violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
pursuant to division (I)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney or the attorney
general.
(J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code, a veterans service commission shall hold an
executive session for one or more of the following purposes unless
an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code.
(2) A veterans service commission shall not exclude an
applicant for, recipient of, or former recipient of financial
assistance under sections 5901.01 to 5901.15 of the Revised Code,
and shall not exclude representatives selected by the applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance.
(3) A veterans service commission shall vote on the grant or
denial of financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open meeting of the commission. The
minutes of the meeting shall indicate the name, address, and
occupation of the applicant, whether the assistance was granted or
denied, the amount of the assistance if assistance is granted, and
the votes for and against the granting of assistance.
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
disease sexually transmitted infection, 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,
and 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 abstinence but shall not exclude other
instruction and materials on contraceptive methods and infection
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;
(e) In grades seven through twelve, age-appropriate
instruction in dating violence prevention education, which shall
include instruction in recognizing dating violence warning signs
and characteristics of healthy relationships.
In order to assist school districts in developing a dating
violence prevention education curriculum, the department of
education shall provide on its web site links to free curricula
addressing dating violence prevention.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence prevention
instruction materials used at that school, the principal, within a
reasonable period of time after the request is made, shall allow
the parent or guardian to examine those materials at that school.
(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, and
emotional 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 on the
first day August immediately following the effective date of this
amendment, 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 infections, 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) How, as young people, 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) Instruction and materials shall stress abstinence but
shall not exclude other instruction and materials on contraceptive
methods and infection 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. The instruction shall include
information on 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 condition 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 abstinence but
shall not exclude other instruction and materials on contraceptive
methods and infection 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 the following:
(a) 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;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(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, 3313.814, 3313.816, 3314.817
3313.817, 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 sections 3313.674 and 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, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 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) The task force shall consist of the following members:
(1) The director of health or the director's designee;
(2) The superintendent of public instruction or the
superintendent's designee;
(3) 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;
(4) Two members of the senate, one appointed by the president
of the senate and one appointed by the minority leader of the
senate;
(5) One member of the commission on minority health;
(6) Two teens who reside in this state, appointed by the
director of health;
(7) Two parents who reside in this state and are the parents
of teens who reside in this state, appointed by the director of
health;
(8) Two teachers who reside in this state and are employed as
classroom teachers in this state, appointed by the director of
health;
(9) One representative of each of the following, appointed by
the director of health:
(a) Community-based organizations that provide teen pregnancy
prevention services;
(b) Public health professionals;
(c) Licensed medical practitioners;
(C) 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.
(D) The director of health or the director's designee shall
serve as chairperson of the task force. The task force shall
convene at the call of the chairperson.
(E) The task force shall do all of the following:
(1) Advise the governor and general assembly on strategies to
prevent teen pregnancy in this state;
(2) 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;
(3) 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;
(4) Explore the establishment of a program within the
department of health that would award grants to federally
qualified health centers, as defined in section 3701.047 of the
Revised Code, to establish or expand teen pregnancy prevention
programs;
(5) Collect information provided by local communities
regarding successful teen pregnancy prevention programs;
(6) Hold meetings and maintain records of the meetings;
(7) Perform any other duties specified by the director of
health.
(F) Not later than December 1 of each year, the task force
shall submit an annual report to the governor and, in accordance
with section 101.68 of the Revised Code, the general assembly. The
report shall summarize the task force's 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. 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 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 divisions (B) and (C) of this
section to victims of sexual assault or individuals reported to be
victims of sexual assault. The services shall be provided without
regard to the ability of the victim or individual reported to be a
victim to pay for the services.
(B) Except as provided in division (E) of this section, the
services specified in divisions (B)(1) and (2) of this section
shall be provided by the hospital to a victim of sexual assault or
individual reported to be a victim of sexual assault who is female
and, as determined by the hospital, is of child-bearing age.
(1) The hospital shall provide the victim or individual
reported 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 all of 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) The hospital shall promptly offer emergency contraception
to the victim or individual reported to be a victim and provide
the emergency contraception if the victim or individual accepts
the offer.
(C) The services specified in divisions (C)(1) to (4) of this
section shall be provided by the hospital to a victim of sexual
assault or individual reported to be a victim of sexual assault
who is female, regardless of whether the victim or individual is
of child-bearing age, and to a victim of sexual assault or
individual reported to be a victim of sexual assault who is male.
(1) The hospital shall promptly provide the victim or
individual reported to be a victim with an assessment of the
victim's or individual's risk of contracting sexually transmitted
infections, including gonorrhea, chlamydia, syphilis, and
hepatitis. The assessment shall be conducted by a physician,
physician assistant, clinical nurse specialist, certified nurse
practitioner, certified nurse-midwife, or registered nurse. 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.
(2) After conducting the assessment, the hospital shall
provide the victim or individual reported to be a victim with
counseling concerning the significantly prevalent sexually
transmitted infections 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 infections
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, certified nurse-midwife, or registered nurse. The
counseling shall be provided in clear and concise language.
(3) After providing the counseling, the hospital shall offer
treatment for sexually transmitted infections to the victim or
individual reported to be a victim. The hospital shall provide the
treatment if the victim or individual accepts the offer.
(4) Before the victim or individual reported 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, certified nurse-midwife, or
registered nurse. The counseling shall be provided in clear and
concise language.
(D) 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.
(E) In either of the following cases, a hospital is not
required to provide information about emergency contraception, to
offer emergency contraception, or to provide emergency
contraception to a victim of sexual assault or individual reported
to be a victim of sexual assault who is female and, as determined
by the hospital, is of child-bearing age:
(1) The hospital is aware that the victim or individual is
incapable of becoming pregnant.
(2) The hospital is aware that the victim or individual is
pregnant.
If the hospital has a pregnancy test performed to confirm
whether the victim or individual is pregnant, the hospital shall
have the test performed in such a manner that the results of the
test are made available to the victim or individual during the
initial visit to the hospital regarding the sexual assault.
(F) Nothing in this section shall be construed as meaning any
of the following:
(1) That a hospital is required to provide treatment to a
victim or individual reported to be 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 or individual reported to be a victim of
sexual assault is 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 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 services required by section 3727.601 of the Revised
Code to a victim of sexual assault or individual reported to be a
victim of sexual assault, 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 may conduct a hearing on the petition. If it is
demonstrated in the proceedings that the hospital has failed to
provide the 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 do one or more of the following if it finds that a
pharmacist or pharmacy intern has committed an act described in
division (B) of this section:
(1) Revoke, suspend, limit, place on probation, or refuse to
grant or renew an identification card, or may impose;
(2) 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,.
(B) An action described in division (A) of this section may
be taken by the board if the board it 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)(C) 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)(D) 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)(E) 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)(F) 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. 4729.18. The state board of pharmacy shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing
standards for approving and designating physicians and facilities
as treatment providers for pharmacists with substance abuse
problems and shall approve and designate treatment providers in
accordance with the rules. The rules shall include standards for
both inpatient and outpatient treatment. The rules shall provide
that to be approved, a treatment provider must be capable of
making an initial examination to determine the type of treatment
required for a pharmacist with substance abuse problems. Subject
to the rules, the board shall review and approve treatment
providers on a regular basis and may, at its discretion, withdraw
or deny approval.
An approved treatment provider shall:
(A) Report to the board the name of any pharmacist suffering
or showing evidence of suffering impairment by reason of being
addicted to or abusing liquor or drugs as described in division
(A)(B)(3) of section 4729.16 of the Revised Code who fails to
comply within one week with a referral for examination;
(B) Report to the board the name of any impaired pharmacist
who fails to enter treatment within forty-eight hours following
the provider's determination that the pharmacist needs treatment;
(C) Require every pharmacist who enters treatment to agree to
a treatment contract establishing the terms of treatment and
aftercare, including any required supervision or restrictions of
practice during treatment or aftercare;
(D) Require a pharmacist to suspend practice on entering any
required inpatient treatment;
(E) Report to the board any failure by an impaired pharmacist
to comply with the terms of the treatment contract during
inpatient or outpatient treatment or aftercare;
(F) Report to the board the resumption of practice of any
impaired pharmacist before the treatment provider has made a clear
determination that the pharmacist is capable of practicing
according to acceptable and prevailing standards;
(G) Require a pharmacist who resumes practice after
completion of treatment to comply with an aftercare contract that
meets the requirements of rules adopted by the board for approval
of treatment providers;
(H) Report to the board any pharmacist who suffers a relapse
at any time during or following aftercare.
Any pharmacist who enters into treatment by an approved
treatment provider shall be deemed to have waived any
confidentiality requirements that would otherwise prevent the
treatment provider from making reports required under this
section.
In the absence of fraud or bad faith, no professional
association of pharmacists licensed under this chapter that
sponsors a committee or program to provide peer assistance to
pharmacists with substance abuse problems, no representative or
agent of such a committee or program, and no member of the state
board of pharmacy shall be liable to any person for damages in a
civil action by reason of actions taken to refer a pharmacist to a
treatment provider designated by the board or actions or omissions
of the provider in treating a pharmacist.
In the absence of fraud or bad faith, no person who reports
to the board a pharmacist with a suspected substance abuse problem
shall be liable to any person for damages in a civil action as a
result of the report.
Sec. 4729.35. The violation by a pharmacist or other person
of any laws of Ohio or of the United State States of America or of
any rule of the board of pharmacy controlling the distribution of
a drug of abuse as defined in section 3719.011 of the Revised Code
or the commission of any act set forth in division (A)(B) of
section 4729.16 of the Revised Code, is hereby declared to be
inimical, harmful, and adverse to the public welfare of the
citizens of Ohio and to constitute a public nuisance. The attorney
general, the prosecuting attorney of any county in which the
offense was committed or in which the person committing the
offense resides, or the state board of pharmacy may maintain an
action in the name of the state to enjoin such person from
engaging in such violation. Any action under this section shall be
brought in the common pleas court of the county where the offense
occurred or the county where the alleged offender resides.
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 prevailing standards of care.
(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 to the customer because, in the employee's
professional judgment, a contraindication exists or the provision
of the contraceptive is similarly not in the best interest of the
customer's health.
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 may 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 121.22, 2907.29, 3313.60,
3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 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.
Section 4. Sections 3314.03 and 3326.11 of the Revised Code
are amended by this act and were also amended by Sub. S.B. 210 of
the 128th General Assembly. The amendment by Sub. S.B. 210 to
sections 3314.03 and 3326.11 of the Revised Code is to take effect
on July 1, 2011. The amendment of sections 3314.03 and 3326.11 of
the Revised Code by Sub. S.B. 210 are included in this act to
confirm the intention to retain them, but are not intended to be
effective until July 1, 2011.
Section 5. Sections 3727.60, 3727.601, and 3727.602 of the
Revised Code, as enacted by this act, shall be known as the
"Compassionate Assistance for Rape Emergencies Act."
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