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Sub. H. B. No. 290 As Enrolled
(130th General Assembly)
(Substitute House Bill Number 290)
AN ACT
To amend sections 2305.113, 2901.12, 3313.75,
3313.76, 3313.77, 3313.78, 3721.02, and 5165.67
and to enact sections 1901.028, 1907.04, 2301.04,
2501.20, and 3313.791 of the Revised Code
regarding the use of school district premises by
members of the public and immunity from civil
liability for a school district and schools when
permitting members of the public to use school
premises, regarding the use of results of an
inspection of a nursing home or the results of a
Medicare or Medicaid survey of a nursing facility
in an advertisement, regarding the continued
orderly operation of the courts in case of a
disaster, civil disorder, or other extraordinary
circumstance, and regarding the limitation of
claims arising out of skilled nursing care or
personal care services provided in a home.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2305.113, 2901.12, 3313.75,
3313.76, 3313.77, 3313.78, 3721.02, and 5165.67 be amended and
sections 1901.028, 1907.04, 2301.04, 2501.20, and 3313.791 of the
Revised Code be enacted to read as follows:
Sec. 1901.028. (A) In the event of a natural or man-made
disaster, civil disorder, or any extraordinary circumstance that
interrupts or threatens to interrupt the orderly operation of a
municipal court within the territorial jurisdiction of the court,
the administrative judge of the court may issue an order
authorizing the court to operate at a temporary location inside or
outside the territorial jurisdiction of the court. The order shall
identify the temporary location at which the court shall operate
and the date on which operations shall commence at the temporary
location. The court shall operate at the temporary location until
the administrative judge withdraws, cancels, or rescinds the
order.
(B) The authority of an administrative judge of a municipal
court to issue an order authorizing the court to operate at a
temporary location pursuant to division (A) of this section is
independent of and shall not be conditioned upon a declaration of
a judicial emergency issued by the chief justice of the supreme
court pursuant to Rule 14 of the Rules of Superintendence for the
Courts of Ohio.
(C) For the period during which a municipal court operates in
a temporary location pursuant to division (A) of this section, the
court shall continue to have the territorial jurisdiction set
forth in section 1901.02 of the Revised Code and the court shall
have jurisdiction to hear actions and conduct proceedings the same
as if the court were operating within that territorial
jurisdiction.
(D) As soon as practicable following issuance of an order
pursuant to division (A) of this section, both of the following
shall occur:
(1) The administrative judge of the municipal court shall
provide notice and a copy of the order by regular or electronic
mail to all of the following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the temporary location, including the site of the temporary
location and the date on which operations shall commence at the
temporary location.
(E) As soon as practicable following the withdrawal,
cancellation, or rescission of an order issued pursuant to
division (A) of this section, each of the following shall occur:
(1) The administrative judge of the municipal court shall
provide notice by regular or electronic mail to all of the
following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the permanent location of the court, including the site of the
permanent location and the date on which operations shall commence
at the permanent location.
Sec. 1907.04. (A) In the event of a natural or man-made
disaster, civil disorder, or any extraordinary circumstance that
interrupts or threatens to interrupt the orderly operation of a
county court within the territorial jurisdiction of the court, the
administrative judge of the court may issue an order authorizing
the court to operate at a temporary location inside or outside the
territorial jurisdiction of the court. The order shall identify
the temporary location at which the court shall operate and the
date on which operations shall commence at the temporary location.
The court shall operate at the temporary location until the
administrative judge withdraws, cancels, or rescinds the order.
(B) The authority of an administrative judge of a county
court to issue an order authorizing the court to operate at a
temporary location pursuant to division (A) of this section is
independent of and shall not be conditioned upon a declaration of
a judicial emergency issued by the chief justice of the supreme
court pursuant to Rule 14 of the Rules of Superintendence for the
Courts of Ohio.
(C) For the period during which a county court operates in a
temporary location pursuant to division (A) of this section, the
court shall continue to have the territorial jurisdiction set
forth in section 1907.01 of the Revised Code and the court shall
have jurisdiction to hear actions and conduct proceedings the same
as if the court were operating within that territorial
jurisdiction.
(D) As soon as practicable following issuance of an order
pursuant to division (A) of this section, both of the following
shall occur:
(1) The administrative judge of the county court shall
provide notice and a copy of the order by regular or electronic
mail to all of the following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the temporary location, including the site of the temporary
location and the date on which operations shall commence at the
temporary location.
(E) As soon as practicable following the withdrawal,
cancellation, or rescission of an order issued pursuant to
division (A) of this section, each of the following shall occur:
(1) The administrative judge of the county court shall
provide notice by regular or electronic mail to all of the
following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the permanent location of the court, including the site of the
permanent location and the date on which operations shall commence
at the permanent location.
Sec. 2301.04. (A) In the event of a natural or man-made
disaster, civil disorder, or any extraordinary circumstance that
interrupts or threatens to interrupt the orderly operation of a
division of a court of common pleas within the territorial
jurisdiction of the division, the administrative judge of the
division may issue an order authorizing the division to operate at
a temporary location inside or outside the territorial
jurisdiction of the division. The order shall identify the
temporary location at which the division shall operate and the
date on which operations shall commence at the temporary location.
The division shall operate at the temporary location until the
administrative judge withdraws, cancels, or rescinds the order.
(B) The authority of an administrative judge of a division of
a court of common pleas to issue an order authorizing the division
to operate at a temporary location pursuant to division (A) of
this section is independent of and shall not be conditioned upon a
declaration of a judicial emergency issued by the chief justice of
the supreme court pursuant to Rule 14 of the Rules of
Superintendence for the Courts of Ohio.
(C) For the period during which a division of a court of
common pleas operates in a temporary location pursuant to division
(A) of this section, the division shall continue to have the
territorial jurisdiction set forth in section 2301.01 of the
Revised Code and the court shall have jurisdiction to hear actions
and conduct proceedings the same as if the division were operating
within that territorial jurisdiction.
(D) As soon as practicable following issuance of an order
pursuant to division (A) of this section, both of the following
shall occur:
(1) The administrative judge of the division of the court of
common pleas shall provide notice and a copy of the order by
regular or electronic mail to all of the following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the division operates and maintains a web site, the
web site shall provide notification of the operation of the
division at the temporary location, including the site of the
temporary location and the date on which operations shall commence
at the temporary location.
(E) As soon as practicable following the withdrawal,
cancellation, or rescission of an order issued pursuant to
division (A) of this section, each of the following shall occur:
(1) The administrative judge of the division of the court of
common pleas shall provide notice by regular or electronic mail to
all of the following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the division operates and maintains a web site, the
web site shall provide notification of the operation of the
division at the permanent location of the division, including the
site of the permanent location and the date on which operations
shall commence at the permanent location.
Sec. 2305.113. (A) Except as otherwise provided in this
section, an action upon a medical, dental, optometric, or
chiropractic claim shall be commenced within one year after the
cause of action accrued.
(B)(1) If prior to the expiration of the one-year period
specified in division (A) of this section, a claimant who
allegedly possesses a medical, dental, optometric, or chiropractic
claim gives to the person who is the subject of that claim written
notice that the claimant is considering bringing an action upon
that claim, that action may be commenced against the person
notified at any time within one hundred eighty days after the
notice is so given.
(2) An insurance company shall not consider the existence or
nonexistence of a written notice described in division (B)(1) of
this section in setting the liability insurance premium rates that
the company may charge the company's insured person who is
notified by that written notice.
(C) Except as to persons within the age of minority or of
unsound mind as provided by section 2305.16 of the Revised Code,
and except as provided in division (D) of this section, both of
the following apply:
(1) No action upon a medical, dental, optometric, or
chiropractic claim shall be commenced more than four years after
the occurrence of the act or omission constituting the alleged
basis of the medical, dental, optometric, or chiropractic claim.
(2) If an action upon a medical, dental, optometric, or
chiropractic claim is not commenced within four years after the
occurrence of the act or omission constituting the alleged basis
of the medical, dental, optometric, or chiropractic claim, then,
any action upon that claim is barred.
(D)(1) If a person making a medical claim, dental claim,
optometric claim, or chiropractic claim, in the exercise of
reasonable care and diligence, could not have discovered the
injury resulting from the act or omission constituting the alleged
basis of the claim within three years after the occurrence of the
act or omission, but, in the exercise of reasonable care and
diligence, discovers the injury resulting from that act or
omission before the expiration of the four-year period specified
in division (C)(1) of this section, the person may commence an
action upon the claim not later than one year after the person
discovers the injury resulting from that act or omission.
(2) If the alleged basis of a medical claim, dental claim,
optometric claim, or chiropractic claim is the occurrence of an
act or omission that involves a foreign object that is left in the
body of the person making the claim, the person may commence an
action upon the claim not later than one year after the person
discovered the foreign object or not later than one year after the
person, with reasonable care and diligence, should have discovered
the foreign object.
(3) A person who commences an action upon a medical claim,
dental claim, optometric claim, or chiropractic claim under the
circumstances described in division (D)(1) or (2) of this section
has the affirmative burden of proving, by clear and convincing
evidence, that the person, with reasonable care and diligence,
could not have discovered the injury resulting from the act or
omission constituting the alleged basis of the claim within the
three-year period described in division (D)(1) of this section or
within the one-year period described in division (D)(2) of this
section, whichever is applicable.
(E) As used in this section:
(1) "Hospital" includes any person, corporation, association,
board, or authority that is responsible for the operation of any
hospital licensed or registered in the state, including, but not
limited to, those that are owned or operated by the state,
political subdivisions, any person, any corporation, or any
combination of the state, political subdivisions, persons, and
corporations. "Hospital" also includes any person, corporation,
association, board, entity, or authority that is responsible for
the operation of any clinic that employs a full-time staff of
physicians practicing in more than one recognized medical
specialty and rendering advice, diagnosis, care, and treatment to
individuals. "Hospital" does not include any hospital operated by
the government of the United States or any of its branches.
(2) "Physician" means a person who is licensed to practice
medicine and surgery or osteopathic medicine and surgery by the
state medical board or a person who otherwise is authorized to
practice medicine and surgery or osteopathic medicine and surgery
in this state.
(3) "Medical claim" means any claim that is asserted in any
civil action against a physician, podiatrist, hospital, home, or
residential facility, against any employee or agent of a
physician, podiatrist, hospital, home, or residential facility, or
against a licensed practical nurse, registered nurse, advanced
practice registered nurse, physical therapist, physician
assistant, emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical
technician-paramedic, and that arises out of the medical
diagnosis, care, or treatment of any person. "Medical claim"
includes the following:
(a) Derivative claims for relief that arise from the plan of
care, medical diagnosis, care, or treatment of a person;
(b) Claims that arise out of the plan of care, medical
diagnosis, care, or treatment of any person and to which either of
the following applies:
(i) The claim results from acts or omissions in providing
medical care.
(ii) The claim results from the hiring, training,
supervision, retention, or termination of caregivers providing
medical diagnosis, care, or treatment.
(c) Claims that arise out of the plan of care, medical
diagnosis, care, or treatment of any person and that are brought
under section 3721.17 of the Revised Code;
(d) Claims that arise out of skilled nursing care or personal
care services provided in a home pursuant to the plan of care,
medical diagnosis, or treatment.
(4) "Podiatrist" means any person who is licensed to practice
podiatric medicine and surgery by the state medical board.
(5) "Dentist" means any person who is licensed to practice
dentistry by the state dental board.
(6) "Dental claim" means any claim that is asserted in any
civil action against a dentist, or against any employee or agent
of a dentist, and that arises out of a dental operation or the
dental diagnosis, care, or treatment of any person. "Dental claim"
includes derivative claims for relief that arise from a dental
operation or the dental diagnosis, care, or treatment of a person.
(7) "Derivative claims for relief" include, but are not
limited to, claims of a parent, guardian, custodian, or spouse of
an individual who was the subject of any medical diagnosis, care,
or treatment, dental diagnosis, care, or treatment, dental
operation, optometric diagnosis, care, or treatment, or
chiropractic diagnosis, care, or treatment, that arise from that
diagnosis, care, treatment, or operation, and that seek the
recovery of damages for any of the following:
(a) Loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel,
instruction, training, or education, or any other intangible loss
that was sustained by the parent, guardian, custodian, or spouse;
(b) Expenditures of the parent, guardian, custodian, or
spouse for medical, dental, optometric, or chiropractic care or
treatment, for rehabilitation services, or for other care,
treatment, services, products, or accommodations provided to the
individual who was the subject of the medical diagnosis, care, or
treatment, the dental diagnosis, care, or treatment, the dental
operation, the optometric diagnosis, care, or treatment, or the
chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to
practice nursing as a registered nurse by the board of nursing.
(9) "Chiropractic claim" means any claim that is asserted in
any civil action against a chiropractor, or against any employee
or agent of a chiropractor, and that arises out of the
chiropractic diagnosis, care, or treatment of any person.
"Chiropractic claim" includes derivative claims for relief that
arise from the chiropractic diagnosis, care, or treatment of a
person.
(10) "Chiropractor" means any person who is licensed to
practice chiropractic by the state chiropractic board.
(11) "Optometric claim" means any claim that is asserted in
any civil action against an optometrist, or against any employee
or agent of an optometrist, and that arises out of the optometric
diagnosis, care, or treatment of any person. "Optometric claim"
includes derivative claims for relief that arise from the
optometric diagnosis, care, or treatment of a person.
(12) "Optometrist" means any person licensed to practice
optometry by the state board of optometry.
(13) "Physical therapist" means any person who is licensed to
practice physical therapy under Chapter 4755. of the Revised Code.
(14) "Home" has the same meaning as in section 3721.10 of the
Revised Code.
(15) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code.
(16) "Advanced practice registered nurse" means any certified
nurse practitioner, clinical nurse specialist, certified
registered nurse anesthetist, or certified nurse-midwife who holds
a certificate of authority issued by the board of nursing under
Chapter 4723. of the Revised Code.
(17) "Licensed practical nurse" means any person who is
licensed to practice nursing as a licensed practical nurse by the
board of nursing pursuant to Chapter 4723. of the Revised Code.
(18) "Physician assistant" means any person who holds a valid
certificate to practice issued pursuant to Chapter 4730. of the
Revised Code.
(19) "Emergency medical technician-basic," "emergency medical
technician-intermediate," and "emergency medical
technician-paramedic" means any person who is certified under
Chapter 4765. of the Revised Code as an emergency medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic, whichever is applicable.
(20) "Skilled nursing care" and "personal care services" have
the same meanings as in section 3721.01 of the Revised Code.
Sec. 2501.20. (A) In the event of a natural or man-made
disaster, civil disorder, or any extraordinary circumstance that
interrupts or threatens to interrupt the orderly operation of a
court of appeals within the territorial jurisdiction of the court,
the administrative judge of the court may issue an order
authorizing the court to operate at a temporary location inside or
outside the territorial jurisdiction of the court. The order shall
identify the temporary location at which the court shall operate
and the date on which operations shall commence at the temporary
location. The court shall operate at the temporary location until
the administrative judge withdraws, cancels, or rescinds the
order.
(B) The authority of an administrative judge of a court of
appeals to issue an order authorizing the court to operate at a
temporary location pursuant to division (A) of this section is
independent of and shall not be conditioned upon a declaration of
a judicial emergency issued by the chief justice of the supreme
court pursuant to Rule 14 of the Rules of Superintendence for the
Courts of Ohio.
(C) For the period during which a court of appeals operates
in a temporary location pursuant to division (A) of this section,
the court shall continue to have the territorial jurisdiction set
forth in section 2501.01 of the Revised Code and the court shall
have jurisdiction to hear actions and conduct proceedings the same
as if the court were operating within that territorial
jurisdiction.
(D) As soon as practicable following issuance of an order
pursuant to division (A) of this section, both of the following
shall occur:
(1) The administrative judge of the court of appeals shall
provide notice and a copy of the order by regular or electronic
mail to all of the following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the temporary location, including the site of the temporary
location and the date on which operations shall commence at the
temporary location.
(E) As soon as practicable following the withdrawal,
cancellation, or rescission of an order issued pursuant to
division (A) of this section, each of the following shall occur:
(1) The administrative judge of the court of appeals shall
provide notice by regular or electronic mail to all of the
following:
(a) The chief justice and administrative director of the
supreme court;
(b) The legislative authorities of the local funding
authorities of the court;
(c) All appropriate law enforcement agencies, prosecuting
authorities, public defender agencies, and local bar associations
within the territorial jurisdiction of the court.
(2) If the court operates and maintains a web site, the web
site shall provide notification of the operation of the court at
the permanent location of the court, including the site of the
permanent location and the date on which operations shall commence
at the permanent location.
Sec. 2901.12. (A) The trial of a criminal case in this state
shall be held in a court having jurisdiction of the subject
matter, and, except in cases of emergency under section 1901.028,
1907.04, 2301.04, or 2501.20 of the Revised Code, in the territory
of which the offense or any element of the offense was committed.
(B) When the offense or any element of the offense was
committed in an aircraft, motor vehicle, train, watercraft, or
other vehicle, in transit, and it cannot reasonably be determined
in which jurisdiction the offense was committed, the offender may
be tried in any jurisdiction through which the aircraft, motor
vehicle, train, watercraft, or other vehicle passed.
(C) When the offense involved the unlawful taking or
receiving of property or the unlawful taking or enticing of
another, the offender may be tried in any jurisdiction from which
or into which the property or victim was taken, received, or
enticed.
(D) When the offense is conspiracy, attempt, or complicity
cognizable under division (A)(2) of section 2901.11 of the Revised
Code, the offender may be tried in any jurisdiction in which the
conspiracy, attempt, complicity, or any of its elements occurred.
If an offense resulted outside this state from the conspiracy,
attempt, or complicity, that resulting offense also may be tried
in any jurisdiction in which the conspiracy, attempt, complicity,
or any of the elements of the conspiracy, attempt, or complicity
occurred.
(E) When the offense is conspiracy or attempt cognizable
under division (A)(3) of section 2901.11 of the Revised Code, the
offender may be tried in any jurisdiction in which the offense
that was the object of the conspiracy or attempt, or any element
of that offense, was intended to or could have taken place. When
the offense is complicity cognizable under division (A)(3) of
section 2901.11 of the Revised Code, the offender may be tried in
any jurisdiction in which the principal offender may be tried.
(F) When an offense is considered to have been committed in
this state while the offender was out of this state, and the
jurisdiction in this state in which the offense or any material
element of the offense was committed is not reasonably
ascertainable, the offender may be tried in any jurisdiction in
which the offense or element reasonably could have been committed.
(G) When it appears beyond a reasonable doubt that an offense
or any element of an offense was committed in any of two or more
jurisdictions, but it cannot reasonably be determined in which
jurisdiction the offense or element was committed, the offender
may be tried in any of those jurisdictions.
(H) When an offender, as part of a course of criminal
conduct, commits offenses in different jurisdictions, the offender
may be tried for all of those offenses in any jurisdiction in
which one of those offenses or any element of one of those
offenses occurred. Without limitation on the evidence that may be
used to establish the course of criminal conduct, any of the
following is prima-facie evidence of a course of criminal conduct:
(1) The offenses involved the same victim, or victims of the
same type or from the same group.
(2) The offenses were committed by the offender in the
offender's same employment, or capacity, or relationship to
another.
(3) The offenses were committed as part of the same
transaction or chain of events, or in furtherance of the same
purpose or objective.
(4) The offenses were committed in furtherance of the same
conspiracy.
(5) The offenses involved the same or a similar modus
operandi.
(6) The offenses were committed along the offender's line of
travel in this state, regardless of the offender's point of origin
or destination.
(I)(1) When the offense involves a computer, computer system,
computer network, telecommunication, telecommunications device,
telecommunications service, or information service, the offender
may be tried in any jurisdiction containing any location of the
computer, computer system, or computer network of the victim of
the offense, in any jurisdiction from which or into which, as part
of the offense, any writing, data, or image is disseminated or
transmitted by means of a computer, computer system, computer
network, telecommunication, telecommunications device,
telecommunications service, or information service, or in any
jurisdiction in which the alleged offender commits any activity
that is an essential part of the offense.
(2) As used in this section, "computer," "computer system,"
"computer network," "information service," "telecommunication,"
"telecommunications device," "telecommunications service," "data,"
and "writing" have the same meanings as in section 2913.01 of the
Revised Code.
(J) When the offense involves the death of a person, and it
cannot reasonably be determined in which jurisdiction the offense
was committed, the offender may be tried in the jurisdiction in
which the dead person's body or any part of the dead person's body
was found.
(K) Notwithstanding any other requirement for the place of
trial, venue may be changed, upon motion of the prosecution, the
defense, or the court, to any court having jurisdiction of the
subject matter outside the county in which trial otherwise would
be held, when it appears that a fair and impartial trial cannot be
held in the jurisdiction in which trial otherwise would be held,
or when it appears that trial should be held in another
jurisdiction for the convenience of the parties and in the
interests of justice.
Sec. 3313.75. (A) For purposes of this section, "school
premises" has the same meaning as in section 3313.77 of the
Revised Code.
(B) The board of education of a city, exempted village, or
local school district may authorize the opening of
schoolhouses
school premises for any lawful purposes.
(B)(C) In accordance with this section and section 3313.77 of
the Revised Code, a district board may rent or lease facilities
school premises under its control to any public or nonpublic
institution of higher education for the institution's use in
providing evening and summer classes.
(C)(D) This section does not authorize a board to rent or
lease
a schoolhouse school premises when such rental or lease
interferes with the public schools in such district, or for any
purpose other than is authorized by law.
Sec. 3313.76. Upon application of any responsible
organization, or of a group of at least seven citizens, all school
grounds and schoolhouses premises, as that term is defined in
section 3313.77 of the Revised Code, as well as all other
buildings under the supervision and control of the state, or
buildings maintained by taxation under the laws of this state,
shall be available for use as social centers for the entertainment
and education of the people, including the adult and youthful
population, and for the discussion of all topics tending to the
development of personal character and of civil welfare, and for
religious exercises. Such occupation should not seriously infringe
upon the original and necessary uses of such properties. The
public officials in charge of such buildings shall prescribe such
rules and regulations for their occupancy and use as will secure a
fair, reasonable, and impartial use of the same.
Sec. 3313.77. (A) For purposes of this section:
(1) "General public" means members of the community,
including both of the following:
(a) Students during nonschool hours;
(b) Employees of a school or school district when not working
in the scope of their employment.
(2) "Nonschool hours" means both of the following:
(a) Any time prior to and after regular classroom instruction
on a day that school is in session;
(b) Any day that school is not in session, including
weekends, holidays, and vacation breaks.
(3) "Recreational meetings and entertainments" means all
indoor or outdoor games or physical activities, either organized
or unorganized, that are undertaken for exercise, relaxation,
diversion, sport, or pleasure.
(4) "School premises" means all indoor and outdoor
structures, facilities, and land owned, rented, or leased by a
school or school district.
(B) The board of education of any city, exempted village, or
local school district shall, upon request and the payment of a
reasonable fee, subject to such regulation as is adopted by such
board, permit the use of any school house and rooms therein and
the grounds and other property under its control premises, when
not in actual use for school purposes, for any of the following
purposes:
(A)(1) Giving instructions in any branch of education,
learning, or the arts;
(B)(2) Holding educational, religious, civic, social, or
recreational meetings and entertainments, and for such other
purposes as promote the welfare of the community; provided such
meetings and entertainments shall be nonexclusive and open to the
general public;
(C)(3) Public library purposes, as a station for a public
library, or as reading rooms;
(D)(4) Polling places, for holding elections and for the
registration of voters, or for holding grange or similar meetings.
Within sixty days after the effective date of this section,
the The board of education of each school district shall adopt a
policy for the use of school facilities premises by the general
public, including a list of all fees to be paid for the use of
such facilities premises and the costs used to determine such
fees. Once adopted, the policy shall remain in effect until
formally amended by the board. A copy of the policy shall be made
available to any resident of the district upon request.
Sec. 3313.78. Upon application of a committee representing
any candidate for public office or any regularly organized or
recognized political party, the board of education having control
of any school grounds premises mentioned in section 3313.76 of the
Revised Code, shall permit the same to be used as a place wherein
to hold meetings of electors for the discussion of public
questions and issues. No such meeting shall be held during regular
school hours. No charge shall be made for such use, but the
candidate or committee so holding a meeting shall be responsible
for any damage done or expense incurred by reason thereof.
Sec. 3313.791. (A) For purposes of this section:
(1) "School" means a school in a city, local, or exempted
village school district.
(2) "School district" means a city, local, or exempted
village school district.
(3) "School premises" has the same meaning as in section
3313.77 of the Revised Code.
(B) Except as otherwise provided in division (C) of this
section, a school or school district, a member of a school
district board of education, or a school district or school
employee is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from the
use of school premises under section 3313.75, 3313.76, 3313.77, or
3313.78 of the Revised Code, unless the injury, death, or loss to
person or property results from willful or wanton misconduct by
the school or school district, a member of the school district
board of education, or an employee of the school district or of
any school in the district.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school or school district, member of a
school district board of education, or school district or school
employee may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
state.
(C) A school or school district, a member of a school
district board of education, or a school district or school
employee is not immune from liability in damages in a civil action
as provided under division (B) of this section if the board of
education of the city, exempted village, or local school district
charges a fee for the use of school premises that significantly
exceeds the costs incurred for the operation of the school
premises.
Sec. 3721.02. (A) As used in this section, "residential
facility" means a residential facility licensed under section
5119.34 of the Revised Code that provides accommodations,
supervision, and personal care services for three to sixteen
unrelated adults.
(B)(1) The director of health shall license homes and
establish procedures to be followed in inspecting and licensing
homes. The director may inspect a home at any time. Each home
shall be inspected by the director at least once prior to the
issuance of a license and at least once every fifteen months
thereafter. The state fire marshal or a township, municipal, or
other legally constituted fire department approved by the marshal
shall also inspect a home prior to issuance of a license, at least
once every fifteen months thereafter, and at any other time
requested by the director. A home does not have to be inspected
prior to issuance of a license by the director, state fire
marshal, or a fire department if ownership of the home is assigned
or transferred to a different person and the home was licensed
under this chapter immediately prior to the assignment or
transfer. The director may enter at any time, for the purposes of
investigation, any institution, residence, facility, or other
structure that has been reported to the director or that the
director has reasonable cause to believe is operating as a nursing
home, residential care facility, or home for the aging without a
valid license required by section 3721.05 of the Revised Code or,
in the case of a county home or district home, is operating
despite the revocation of its residential care facility license.
The director may delegate the director's authority and duties
under this chapter to any division, bureau, agency, or official of
the department of health.
(2)(a) If, prior to issuance of a license, a home submits a
request for an expedited licensing inspection and the request is
submitted in a manner and form approved by the director, the
director shall commence an inspection of the home not later than
ten business days after receiving the request.
(b) On request, submitted in a manner and form approved by
the director, the director may review plans for a building that is
to be used as a home for compliance with applicable state and
local building and safety codes.
(c) The director may charge a fee for an expedited licensing
inspection or a plan review that is adequate to cover the expense
of expediting the inspection or reviewing the plans. The fee shall
be deposited in the state treasury to the credit of the general
operations fund created in section 3701.83 of the Revised Code and
used solely for expediting inspections and reviewing plans.
(C) A single facility may be licensed both as a nursing home
pursuant to this chapter and as a residential facility pursuant to
section 5119.34 of the Revised Code if the director determines
that the part or unit to be licensed as a nursing home can be
maintained separate and discrete from the part or unit to be
licensed as a residential facility.
(D) In determining the number of residents in a home for the
purpose of licensing, the director shall consider all the
individuals for whom the home provides accommodations as one group
unless one of the following is the case:
(1) The home is a home for the aging, in which case all the
individuals in the part or unit licensed as a nursing home shall
be considered as one group, and all the individuals in the part or
unit licensed as a rest home shall be considered as another group.
(2) The home is both a nursing home and a residential
facility. In that case, all the individuals in the part or unit
licensed as a nursing home shall be considered as one group, and
all the individuals in the part or unit licensed as an adult care
facility shall be considered as another group.
(3) The home maintains, in addition to a nursing home or
residential care facility, a separate and discrete part or unit
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care
services from the home, in which case the individuals in the
separate and discrete part or unit shall not be considered in
determining the number of residents in the home if the separate
and discrete part or unit is in compliance with the Ohio basic
building code established by the board of building standards under
Chapters 3781. and 3791. of the Revised Code and the home permits
the director, on request, to inspect the separate and discrete
part or unit and speak with the individuals residing there, if
they consent, to determine whether the separate and discrete part
or unit meets the requirements of this division.
(E)(1) The director of health shall charge the following
application fee and annual renewal licensing and inspection fee
for each fifty persons or part thereof of a home's licensed
capacity:
(a) For state fiscal year 2010, two hundred twenty dollars;
(b) For state fiscal year 2011, two hundred seventy dollars;
(c) For each state fiscal year thereafter, three hundred
twenty dollars.
(2) All fees collected by the director for the issuance or
renewal of licenses shall be deposited into the state treasury to
the credit of the general operations fund created in section
3701.83 of the Revised Code for use only in administering and
enforcing this chapter and rules adopted under it.
(F)(1) Except as otherwise provided in this section, the
results of an inspection or investigation of a home that is
conducted under this section, including any statement of
deficiencies and all findings and deficiencies cited in the
statement on the basis of the inspection or investigation, shall
be used solely to determine the home's compliance with this
chapter or another chapter of the Revised Code in any action or
proceeding other than an action commenced under division (I) of
section 3721.17 of the Revised Code. Those results of an
inspection or investigation, that statement of deficiencies, and
the findings and deficiencies cited in that statement shall not be
used in any either of the following:
(a) Any court or in any action or proceeding that is pending
in any court and are not admissible in evidence in any action or
proceeding unless that action or proceeding is an appeal of an
action by the department of health under this chapter or is an
action by any department or agency of the state to enforce this
chapter or another chapter of the Revised Code;
(b) An advertisement, unless the advertisement includes all
of the following:
(i) The date the inspection or investigation was conducted;
(ii) A statement that the director of health inspects all
homes at least once every fifteen months;
(iii) If a finding or deficiency cited in the statement of
deficiencies has been substantially corrected, a statement that
the finding or deficiency has been substantially corrected and the
date that the finding or deficiency was substantially corrected;
(iv) The number of findings and deficiencies cited in the
statement of deficiencies on the basis of the inspection or
investigation;
(v) The average number of findings and deficiencies cited in
a statement of deficiencies on the basis of an inspection or
investigation conducted under this section during the same
calendar year as the inspection or investigation used in the
advertisement;
(vi) A statement that the advertisement is neither authorized
nor endorsed by the department of health or any other government
agency.
(2) Nothing in division (F)(1) of this section prohibits the
results of an inspection or investigation conducted under this
section from being used in a criminal investigation or
prosecution.
Sec. 5165.67. The results of a survey of a nursing facility
that is conducted under section 5165.64 of the Revised Code,
including any statement of deficiencies and all findings and
deficiencies cited in the statement on the basis of the survey,
shall be used solely to determine the nursing facility's
compliance with certification requirements or with this chapter or
another chapter of the Revised Code. Those results of a survey,
that statement of deficiencies, and the findings and deficiencies
cited in that statement shall not be used in any either of the
following:
(A) Any court or in any action or proceeding that is pending
in any court and are not admissible in evidence in any action or
proceeding unless that action or proceeding is an appeal of an
administrative action by the department of medicaid or contracting
agency under this chapter or is an action by any department or
agency of the state to enforce this chapter or another chapter of
the Revised Code;
(B) An advertisement, unless the advertisement includes all
of the following:
(1) The date the survey was conducted;
(2) A statement that the department of health conducts a
survey of all nursing facilities at least once every fifteen
months;
(3) If a finding or deficiency cited in the statement of
deficiencies has been substantially corrected, a statement that
the finding or deficiency has been substantially corrected and the
date that the finding or deficiency was substantially corrected;
(4) The number of findings and deficiencies cited in the
statement of deficiencies on the basis of the survey;
(5) The average number of findings and deficiencies cited in
a statement of deficiencies on the basis of a survey conducted
under section 5165.64 of the Revised Code during the same calendar
year as the survey used in the advertisement;
(6) A statement that the advertisement is neither authorized
nor endorsed by the department or any other government agency.
Nothing in this section prohibits the results of a survey, a
statement of deficiencies, or the findings and deficiencies cited
in that statement on the basis of the survey under this section
from being used in a criminal investigation or prosecution.
SECTION 2. That existing sections 2305.113, 2901.12,
3313.75, 3313.76, 3313.77, 3313.78, 3721.02, and 5165.67 of the
Revised Code are hereby repealed.
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