To enact section 3345.57 of the Revised Code to require each state or private institution of higher education that sponsors intercollegiate athletic sports to adopt a policy in regard to drug testing student-athletes for banned substances.

Section 1. That section 3345.57 of the Revised Code be enacted to read as follows:

Sec. 3345.57. (A) The board of trustees of each state institution of higher education and the governing body of each private institution of higher education shall adopt a policy with regard to drug testing student-athletes enrolled in that institution for banned substances, if the institution sponsors officially sanctioned intercollegiate athletic sports. The policy shall include all of the following:

(1) A requirement that a drug test for banned substances be administered by the institution to each student-athlete enrolled in that institution both:

(a) During the student-athlete's annual physical examination;

(b) Prior to the student-athlete's participation in any officially sanctioned athletic competition at the championship level, including a contest for the championship of a division, conference, or league of an intercollegiate athletic conference or a national collegiate athletic association.

(2) A list of banned substances for which student-athletes will be drug tested, which shall include all substances, except alcohol, that are banned by the national collegiate athletic association for that academic year. The board shall update the list annually to reflect any necessary changes.

(3) The procedure and methods used by the institution for drug testing student-athletes for banned substances, which shall be as similar as possible to the drug testing procedure and methods used by the national collegiate athletic association.

(4) The penalties for any student-athlete who tests positive for a banned substance as a result of a drug test administered under this section, which shall include all of the following:

(a) For the first positive test, the student-athlete shall complete an on-campus drug treatment program offered by the institution. If no such program exists, the student-athlete shall complete an off-campus drug treatment program offered by an outside entity. If the student-athlete participates in an off-campus drug treatment program, the institution shall provide transportation to and from the program and shall pay for any related expenses to the program.

(b) For the second positive test, the institution shall suspend the student-athlete from participation in two officially sanctioned athletic competitions.

(c) For the third positive test, the institution shall report the positive test to the chancellor of the Ohio board of regents. The chancellor shall then revoke any student financial assistance supported by state funds, as defined in section 3333.38 of the Revised Code, awarded to that student-athlete.

(d) For the fourth positive test, the institution shall dismiss the student-athlete from the applicable athletic team and prohibit the student-athlete from participating in intercollegiate athletics at that institution.

(B) Each state or private institution of higher education annually shall provide a copy of the policy adopted pursuant to division (A) of this section to each student-athlete enrolled in that institution. Upon receipt, each student-athlete shall sign an acknowledgement of receipt of a copy of the policy.

(C) As used in this section:

(1) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.

(2) "Private institution of higher education" means any of the following:

(a) A nonprofit institution holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code;

(b) An institution holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code;

(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.

(2) "Student-athlete" means any student who is enrolled in an institution of higher education and who is participating at that institution in an officially sanctioned intercollegiate athletic sport.