As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 6

Senators Stivers, Goodman, Jacobson, Spada, Harris, Robert Gardner, Randy Gardner, Fingerhut, Prentiss, Carnes, Carey, Hottinger, Amstutz, Fedor, Mumper, Austria, Miller, Brady, Dann 

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A BILL

To amend sections 339.89, 3701.03, 3701.04, 3701.06,

1

3701.07, 3701.13, 3701.14, 3701.15, 3701.16,

2

3701.17, 3701.19, 3701.22, 3701.23, 3701.24,

3

3701.241, 3701.25, 3701.34, 3701.35, 3701.352,

4

3701.501, 3701.56, 3701.57, 3701.99, 3707.06,

5

3715.02, 3901.46, 4736.01, and 6111.04; to amend,

6

for the purpose of adopting new section numbers as

7

indicated in parentheses, sections 3701.16

8

(3701.161), 3701.17 (3701.162), 3701.23

9

(3701.221), and 3707.33 (3707.38); to enact new

10

sections 3701.16, 3701.17, and 3701.23 and

11

sections 3701.072, 3701.146, 3701.147, 3701.201,

12

3701.231, 3701.232, 3701.571, and 3707.34 of the

13

Revised Code; and to amend Section 56.01 of Am.

14

Sub. H.B. 94 of the 124th General Assembly, as

15

subsequently amended, to modify the powers and

16

duties of the Department of Health, Public Health

17

Council, and boards of health relative to

18

bioterrorism and other public health matters.

19

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 339.89, 3701.03, 3701.04, 3701.06,	20
3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17, 3701.19,	21
3701.22, 3701.23, 3701.24, 3701.241, 3701.25, 3701.34, 3701.35,	22
3701.352, 3701.501, 3701.56, 3701.57, 3701.99, 3707.06, 3715.02,	23
3901.46, 4736.01, and 6111.04 be amended; sections 3701.16	24
(3701.161), 3701.17 (3701.162), 3701.23 (3701.221), and 3707.33	25
(3707.38) be amended for the purpose of adopting new section	26
numbers as indicated in parentheses; and new sections 3701.16,	27
3701.17, and 3701.23 and sections 3701.072, 3701.146, 3701.147,	28
3701.201, 3701.231, 3701.232, 3701.571, and 3707.34 of the Revised	29
Code be enacted to read as follows:	30

Sec. 339.89.  Sections 339.71 to 339.88 of the Revised Code,	31
and the rules for tuberculosis adopted under section 3701.14	32
3701.146 of the Revised Code, do not require a person to undergo	33
testing, medical treatment, or detention in a hospital or other	34
place for treatment if the person, or, in the case of a child, the	35
child's parents, rely exclusively on spiritual treatment through	36
prayer, in lieu of medical treatment, in accordance with a	37
recognized, religious method of healing. The person may be	38
quarantined or otherwise safely isolated in the home or another	39
place that is suitable to the health of the person and has been	40
approved by the tuberculosis control unit as a place that provides	41
appropriate protection to other persons and the community.	42

Sec. 3701.03. (A) The director of health shall perform such	43
duties as are incident to histhe director's position as chief	44
executive officer. HeThe director shall administer the laws	45
relating to health and sanitation and the regulationsrules of the	46
department of health. HeThe director may designate employees of	47
the department of health and other individuals to administer the	48
laws and rules on the director's behalf.	49

Any action the director considers necessary may be taken in	50
fulfilling the duties the Revised Code establishes for the	51
director or department of health and in exercising the authority	52
the Revised Code grants to the director or department of health.	53
Rules may be adopted in accordance with Chapter 119. of the	54
Revised Code as the director considers necessary to provide for	55
the effective fulfillment of those duties and exercise of that	56
authority. However, nothing in this division shall be construed as	57
authorizing any action that would prevent the fulfillment of the	58
duties established for any other person or entity by law or would	59
impair the exercise of the authority granted to any other person	60
or entity by law.	61

(B) The director shall prepare sanitary and public health	62
regulationsrules for consideration by the public health council	63
and shall submit to said council recommendations for new	64
legislation. The director shall sit at meetings of the council but	65
shall have no vote.	66

Sec. 3701.04.  (A) The director of health shall:

67

(1) Require such reports and make such inspections and	68
investigations as the director considers necessary;	69

(2) Provide such methods of administration, appoint such	70
personnel, make such reports, and take such other action as may be	71
necessary to comply with the requirements of the federal act and	72
the regulations thereunder;	73

(3) Procure by contract the temporary or intermittent	74
services of experts or consultants or organizations thereof when	75
such services are to be performed on a part-time or	76
fee-for-service basis and do not involve the performance of	77
administrative duties;	78

(4) Enter into agreements for the utilization of the	79
facilities and services of other departments, agencies, and	80
institutions, public or private;	81

(5) On behalf of the state, solicit, accept, hold,	82
administer, and deposit in the state treasury to the credit of the	83
general operations fund created in section 3701.83 of the Revised	84
Code, any grant, gift, devise, bequest, or contribution made to	85
assist in meeting the cost of carrying out the director's	86
responsibilities and expend the grant, gift, devicedevise,	87
bequest, or contribution for the purpose for which made. Fees	88
collected by the director in connection with meetings and	89
conferences shall also be credited to the fund and expended for	90
the purposes for which paid.	91

(6) Make an annual report to the governor on activities and	92
expenditures, including recommendations for such additional	93
legislation as the director considers appropriate to furnish	94
adequate hospital, clinic, and similar facilities to the people of	95
this state.	96

(B) The director of health may enterdo both of the	97
following:	98

(1) Enter into agreements to sell services offered by the	99
department of health to boards of health of city and general	100
health districts and to other departments, agencies, and	101
institutions of thethis state, other states, or the United	102
States. Fees collected by the director for the sale of services	103
under this division shall be deposited into the state treasury to	104
the credit of the general operations fund created in section	105
3701.83 of the Revised Code.	106

(2) Enter into agreements with any person or government	107
entity to share, exchange, or obtain information, including	108
information that is confidential pursuant to section 3701.147 of	109
the Revised Code and information that is protected health	110
information pursuant to section 3701.17 of the Revised Code, as	111
the director considers necessary to carry out the powers and	112
duties established for the director or department of health by the	113
Revised Code or the rules adopted under it. Each agreement shall	114
specify the terms for use of the information being shared,	115
exchanged, or obtained.	116

Sec. 3701.06. The director of health and any person	117
authorized by himthe director may, without fee or hindrance,	118
enter, examine, and survey all grounds, vehicles, apartments,	119
buildings, and places in furtherance of any duty laid upon the	120
director or department of health or where hethe director has	121
reason to believe there exists a violation of any health law or of	122
the sanitary coderule.	123

Sec. 3701.07.  (A) The public health council shall adopt	124
rules in accordance with Chapter 119. of the Revised Code defining	125
and classifying hospitals and dispensaries and providing for the	126
reporting of information by hospitals and dispensaries. TheExcept	127
as otherwise provided in the Revised Code, the rules providing for	128
the reporting of information shall not require inclusion of any	129
confidential patient data or any information concerning the	130
financial condition, income, expenses, or net worth of the	131
facilities other than that financial information already contained	132
in those portions of the medicare or medicaid cost report that is	133
necessary for the department of health to certify the per diem	134
cost under section 3701.62 of the Revised Code. The rules may	135
require the reporting of information in the following categories:	136

(1) Information needed to identify and classify the	137
institution;	138

(2) Information on facilities and type and volume of services	139
provided by the institution;	140

(3) The number of beds listed by category of care provided;

141

(4) The number of licensed or certified professional	142
employees by classification;	143

(5) The number of births that occurred at the institution the	144
previous calendar year;	145

(6) Any other information that the council considers relevant	146
to the safety of patients served by the institution.	147

Every hospital and dispensary, public or private, annually	148
shall register with and report to the department of health.	149
Reports shall be submitted in the manner prescribed in rulerules	150
adopted under this division.	151

(B) Every governmental entity or private nonprofit	152
corporation or association whose employees or representatives are	153
defined as residents' rights advocates under divisions (E)(1) and	154
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	155
the Revised Code shall register with the department of health on	156
forms furnished by the director of health and shall provide such	157
reasonable identifying information as the director may prescribe.	158

The department shall compile a list of the governmental	159
entities, corporations, or associations registering under this	160
division and shall update the list annually. Copies of the list	161
shall be made available to nursing home administrators as defined	162
in division (C) of section 3721.10 of the Revised Code and to	163
adult care facility managers as defined in section 3722.01 of the	164
Revised Code.	165

(C) Every governmental entity or private nonprofit	166
corporation or association whose employees or representatives act	167
as residents' rights advocates for community alternative homes	168
pursuant to section 3724.08 of the Revised Code shall register	169
with the department of health on forms furnished by the director	170
of health and shall provide such reasonable identifying	171
information as the director may prescribe.	172

The department shall compile a list of the governmental	173
entities, corporations, and associations registering under this	174
division and shall update the list annually. Copies of the list	175
shall be made available to operators or residence managers of	176
community alternative homes as defined in section 3724.01 of the	177
Revised Code.	178

Sec. 3701.072. (A) As used in this section:

179

(1) "Bioterrorism" has the same meaning as in section	180
3701.232 of the Revised Code.	181

(2) "Trauma center" has the same meaning as in section	182
4765.01 of the Revised Code.	183

(B) The public health council shall adopt rules in accordance	184
with Chapter 119. of the Revised Code under which a trauma center	185
is required to report to the director of health information	186
describing the trauma center's preparedness and capacity to	187
respond to disasters, mass casualties, and bioterrorism. The	188
council's rules may require the reporting of any information the	189
council considers necessary for the director to obtain a proper	190
description of a trauma center's preparedness and capacity to	191
respond to disasters, mass casualties, and bioterrorism.	192

(C) The director shall review all information received	193
pursuant to this section. After reviewing the information, the	194
director may conduct an evaluation of a trauma center's	195
preparedness and capacity to respond to disasters, mass	196
casualties, and bioterrorism.	197

Sec. 3701.13.  The department of health shall have	198
supervision of all matters relating to the preservation of the	199
life and health of the people and have supreme authority in	200
matters of quarantine and isolation, which it may declare and	201
enforce, when noneneither exists, and modify, relax, or abolish,	202
when iteither has been established. It may approve means of	203
immunization against mumps, poliomyelitis, rubeola, diphtheria,	204
rubella (German measles), pertussis, tetanus, and hepatitis B for	205
the purpose of carrying out the provisions of section 3313.671 of	206
the Revised Code and take such actions as are necessary to	207
encourage vaccination against those diseases. It may make special	208
or standing orders or rules for preventing the use of fluoroscopes	209
for nonmedical purposes which emit doses of radiation likely to be	210
harmful to any person, for preventing the spread of contagious or	211
infectious diseases, for governing the receipt and conveyance of	212
remains of deceased persons, and for such other sanitary matters	213
as are best controlled by a general rule. It may make and enforce	214
orders in local matters when an emergency exists, or when the	215
board of health of a general or city health district has neglected	216
or refused to act with sufficient promptness or efficiency, or	217
when such board has not been established as provided by sections	218
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	219
of the Revised Code. In such cases the necessary expense incurred	220
shall be paid by the general health district or city for which the	221
services are rendered.	222

The department may make evaluative studies of the nutritional	223
status of Ohio residents, and of the food and nutrition-related	224
programs operating within the state. Every agency of the state, at	225
the request of the department, shall provide information and	226
otherwise assist in the execution of such studies.	227

Sec. 3701.14. (A) The director of health shall investigate or	228
make inquiry as to the cause of disease, illness, or any other	229
health condition, especially when contagious, infectious,	230
epidemic, pandemic, or endemic, and take prompt action to control	231
and suppress it. Other investigations or inquiries may be	232
conducted at any time the director considers a matter to be a	233
threat to the public's health. The reports of births and deaths,	234
the sanitary conditions and effects of localities and employments,	235
the personal and business habits of the people, and the relation	236
of the diseases of man and beast, shall be subjects of study by	237
the director. The director may make and execute orders necessary	238
to protect the people against diseases of lower animals, and shall	239
collect and preserve information in respect to such matters and	240
kindred subjects as may be useful in the discharge of the	241
director's duties, and for dissemination among the people. When	242
called upon by the state or local governments, or the board of	243
health of a general or city health district, the director shall	244
promptly investigate and report upon the water supply, sewerage,	245
disposal of excreta of any locality, and the heating, plumbing,	246
and ventilation of a public building.	247

(B) With regard to tuberculosis, the following apply:

248

(1) The director shall make payments to boards of county	249
commissioners in accordance with section 339.77 of the Revised	250
Code;	251

(2) The director shall maintain registries of hospitals,	252
clinics, physicians, or other care providers to whom the director	253
shall refer persons who make inquiries to the department of health	254
regarding possible exposure to tuberculosis;	255

(3) The director shall engage in tuberculosis surveillance	256
activities, including the collection and analysis of	257
epidemiological information relative to the frequency of	258
tuberculosis infection, demographic and geographic distribution of	259
tuberculosis cases, and trends pertaining to tuberculosis;	260

(4) The director shall maintain a tuberculosis registry to	261
record the incidence of tuberculosis in this state;	262

(5) The director may appoint physicians to serve as	263
tuberculosis consultants for geographic regions of the state	264
specified by the director. Each tuberculosis consultant shall act	265
in accordance with guidelines established by the director and	266
shall be responsible for advising and assisting physicians and	267
other health care practitioners who participate in tuberculosis	268
control activities and for reviewing medical records pertaining to	269
the treatment provided to individuals with tuberculosis.	270

(6) The public health council shall adopt rules establishing	271
standards for the following:	272

(a) Performing tuberculosis screenings;

273

(b) Performing examinations of individuals who have been	274
exposed to tuberculosis and individuals who are suspected of	275
having tuberculosis;	276

(c) Providing treatment to individuals with tuberculosis;

277

(d) Methods of preventing individuals with communicable	278
tuberculosis from infecting other individuals;	279

(e) Performing laboratory tests for tuberculosis and studies	280
of the resistance of tuberculosis to one or more drugs;	281

(f) Selecting laboratories that provide in a timely fashion	282
the results of a laboratory test for tuberculosis. The standards	283
shall include a requirement that first consideration be given to	284
laboratories located in this state.	285

The rules shall be adopted in accordance with Chapter 119. of	286
the Revised Code and shall be consistent with any recommendations	287
or guidelines on tuberculosis issued by the United States centers	288
for disease control and prevention or by the American thoracic	289
society. The rules shall apply to county or district tuberculosis	290
control units, physicians who examine and treat individuals for	291
tuberculosis, and laboratories that perform tests for tuberculosis	292
Nothing in division (A) of this section authorizes the director to	293
conduct an independent criminal investigation without the consent	294
of each law enforcement agency with jurisdiction to conduct the	295
criminal investigation.	296

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	297
all of the following apply to the director of health:	298

(1) The director shall make payments to boards of county	299
commissioners in accordance with section 339.77 of the Revised	300
Code.	301

(2) The director shall maintain registries of hospitals,	302
clinics, physicians, or other care providers to whom the director	303
shall refer persons who make inquiries to the department of health	304
regarding possible exposure to tuberculosis.	305

(3) The director shall engage in tuberculosis surveillance	306
activities, including the collection and analysis of	307
epidemiological information relative to the frequency of	308
tuberculosis infection, demographic and geographic distribution of	309
tuberculosis cases, and trends pertaining to tuberculosis.	310

(4) The director shall maintain a tuberculosis registry to	311
record the incidence of tuberculosis in this state.	312

(5) The director may appoint physicians to serve as	313
tuberculosis consultants for geographic regions of the state	314
specified by the director. Each tuberculosis consultant shall act	315
in accordance with guidelines established by the director and	316
shall be responsible for advising and assisting physicians and	317
other health care practitioners who participate in tuberculosis	318
control activities and for reviewing medical records pertaining to	319
the treatment provided to individuals with tuberculosis.	320

(B)(1) The public health council shall adopt rules	321
establishing standards for the following:	322

(a) Performing tuberculosis screenings;

323

(b) Performing examinations of individuals who have been	324
exposed to tuberculosis and individuals who are suspected of	325
having tuberculosis;	326

(c) Providing treatment to individuals with tuberculosis;

327

(d) Methods of preventing individuals with communicable	328
tuberculosis from infecting other individuals;	329

(e) Performing laboratory tests for tuberculosis and studies	330
of the resistance of tuberculosis to one or more drugs;	331

(f) Selecting laboratories that provide in a timely fashion	332
the results of a laboratory test for tuberculosis. The standards	333
shall include a requirement that first consideration be given to	334
laboratories located in this state.	335

(2) The rules shall be adopted in accordance with Chapter	336
119. of the Revised Code and shall be consistent with any	337
recommendations or guidelines on tuberculosis issued by the United	338
States centers for disease control and prevention or by the	339
American thoracic society. The rules shall apply to county or	340
district tuberculosis control units, physicians who examine and	341
treat individuals for tuberculosis, and laboratories that perform	342
tests for tuberculosis.	343

Sec. 3701.147. (A) During an investigation or inquiry	344
conducted by the director of health pursuant to section 3701.14 of	345
the Revised Code as to the cause of disease, illness, or health	346
condition or when the director considers a matter to be a threat	347
to the public's health, the information reported to or obtained by	348
the director as part of the investigation or inquiry is	349
confidential and shall not be released, except as specified in one	350
of the following:	351

(1) As necessary for the director or department of health to	352
perform the public health duties and exercise the public health	353
powers established by the Revised Code and the rules adopted under	354
it;	355

(2) Pursuant to a search warrant or subpoena issued by or at	356
the request of a grand jury or prosecutor, as defined in section	357
2935.01 of the Revised Code;	358

(3) When the director enters into an agreement under division	359
(B)(2) of section 3701.04 of the Revised Code to share or exchange	360
the information with a person or government entity that agrees to	361
comply with the same confidentiality requirements that the	362
director must meet under this section.	363

(B) Notwithstanding any provision of the Revised Code	364
establishing the manner in which the director or department of	365
health must maintain the confidentiality of information or the	366
manner in which information may be released, division (A) of this	367
section applies during the director's investigation or inquiry.	368

Sec. 3701.15.  Each year, the director of health shall make a	369
report to the governor, which shall include so much of the	370
proceedings of the department of health, such information	371
concerning vital statistics and diseases, such instructions on the	372
subject of hygiene for dissemination among the people and such	373
suggestions as to legislation, as hethe director deems proper.	374
The director shall include in histhe director's annual report a	375
full statement of all examinations made in the department's	376
chemical and bacteriologicalpublic health laboratory maintained	377
under section 3701.22 of the Revised Code, with a detailed account	378
of all expenses.	379

Sec. 3701.16. The director of health may purchase, store, and	380
distribute antitoxins, serums, vaccines, immunizing agents,	381
antibiotics, and other pharmaceutical agents or medical supplies	382
that the director deems advisable in the interest of preparing for	383
or responding to a public health emergency. The discretion granted	384
to the director by this section does not relieve the director of	385
the duty to act under section 3701.161 of the Revised Code.	386

Sec. 3701.16.        Sec. 3701.161.  The director of health shall make	387
necessary arrangements for the production and distribution of	388
diphtheria antitoxin. Such antitoxin shall in all respects be	389
equal in purity and potency to the standard of requirements of the	390
United States public health service for antitoxin for interstate	391
commerce. Diphtheria antitoxin shall be distributed in accordance	392
with such rules and regulations as may be adopted by the public	393
health council.	394

Sec. 3701.17.        Sec. 3701.162.  Any licensed physician practicing in	395
the state, or the superintendent of any state or county	396
institution, may receive without charge such quantities of	397
antitoxin as hethe physician or superintendent requires for the	398
treatment or prevention of diphtheria in indigent persons,	399
provided such antitoxin shall be used only for persons residing in	400
the state, and that a sufficient supply is available for	401
distribution.	402

Sec. 3701.17. (A) As used in this section:

403

(1) "Prosecutor" has the same meaning as in section 2935.01	404
of the Revised Code.	405

(2) "Protected health information" means information, whether	406
in oral, written, electronic, visual, pictorial, physical, or any	407
other form, that describes an individual's past, present, or	408
future physical or mental health status or condition, receipt of	409
treatment or care, or purchase of health products, if either of	410
the following applies:	411

(a) The information reveals the identity of the individual	412
who is the subject of the information.	413

(b) The information could be used to reveal the identity of	414
the individual who is the subject of the information, either by	415
using the information alone or with other information that is	416
available to predictable recipients of the information.	417

(B) Subject to division (C) of this section, protected health	418
information reported to or obtained by the director of health, the	419
department of health, or a board of health of a city or general	420
health district is confidential and shall not be released without	421
the written consent of the individual who is the subject of the	422
information, except as specified in one of the following:	423

(1) As necessary to provide treatment to the individual;

424

(2) As necessary to ensure the accuracy of the information;

425

(3) As necessary for the director or department to perform	426
the public health duties and exercise the public health powers	427
established by the Revised Code and the rules adopted under it;	428

(4) Pursuant to a search warrant or subpoena issued by or at	429
the request of a grand jury or prosecutor in connection with a	430
criminal investigation or prosecution;	431

(5) When the director enters into an agreement under division	432
(B)(2) of section 3701.04 of the Revised Code to share or exchange	433
the information with a person or government entity that agrees to	434
comply with the same confidentiality requirements that the	435
director must meet under this section.	436

(C) With respect to protected health information reported to	437
or obtained by the department, such information may be released in	438
accordance with division (B) of this section only if the director	439
determines that the person or entity to which the information is	440
being released has a legitimate need to know the information in	441
order for the person or entity to perform their designated duties	442
or functions.	443

(D) Information that does not identify an individual may be	444
released in summary, statistical, or aggregate form.	445

(E) Divisions (B) to (D) of this section do not apply to	446
protected health information when another provision of the Revised	447
Code establishes the manner in which the director or department	448
must maintain the confidentiality of the information or the manner	449
in which the information may be released.	450

Sec. 3701.19.  As used in this section and in section 3701.20	451
sections 3701.19 to 3701.201 of the Revised Code:	452

(A) "Poison prevention and treatment center" means an entity	453
designated as a poison prevention and treatment center by the	454
director of health under section 3701.20 of the Revised Code.	455

(B) "Harm" means injury, death, or loss to person or	456
property.	457

(C) "Tort action" means a civil action for damages for	458
injury, death, or loss to person or property. "Tort action"	459
includes a product liability claim that is subject to sections	460
2307.71 to 2307.80 of the Revised Code, but does not include a	461
civil action for a breach of contract or another agreement between	462
persons.	463

(D)(1) Subject to division (D)(2) of this section,	464
"volunteer" means a trustee, officer, or agent of a poison	465
prevention and treatment center, or another person associated with	466
such a center, who satisfies both of the following:	467

(a) Performs services for or on behalf of, and under the	468
authority or auspices of, the center;	469

(b) Does not receive compensation, either directly or	470
indirectly, for performing those services.	471

(2) For purposes of division (D)(1) of this section,	472
"compensation" does not include any of the following:	473

(a) Actual and necessary expenses that are incurred by a	474
volunteer in connection with the services performed for a center,	475
and that are reimbursed to the volunteer or otherwise paid;	476

(b) Insurance premiums paid on behalf of a volunteer, and	477
amounts paid or reimbursed, pursuant to division (E) of section	478
1702.12 of the Revised Code;	479

(c) Modest perquisites.

480

Sec. 3701.201. (A) As used in this section, "bioterrorism"	481
has the same meaning as in section 3701.232 of the Revised Code.	482

(B) The public health council may adopt rules in accordance	483
with Chapter 119. of the Revised Code under which a poison	484
prevention and treatment center or other health-related entity is	485
required to report events that may be caused by bioterrorism,	486
epidemic or pandemic disease, or established or novel infectious	487
agents or biological or chemical toxins posing a risk of human	488
fatality or disability. If rules are adopted under this section,	489
the events that may require a report include the following:	490

(1) An unexpected pattern or increase in the number of	491
telephone inquiries or requests to provide information about	492
poison prevention and treatment and available services;	493

(2) An unexpected pattern or increase in the number of	494
requests to provide specialized treatment, consultation,	495
information, and educational programs to health care professionals	496
and the public;	497

(3) An unexpected pattern or increase in the number of	498
requests for information on established or novel infectious agents	499
or biological or chemical toxins posing a risk of human fatality	500
or disability that is relatively uncommon and may have been caused	501
by bioterrorism;	502

(4) Any other event specified in the rules adopted by the	503
public health council.	504

(C) Each poison prevention and treatment center and other	505
health-related entity shall comply with any reporting requirement	506
established in rules adopted under division (B) of this section.	507

(D) Information reported under this section that is protected	508
health information pursuant to section 3701.17 of the Revised Code	509
shall be released only in accordance with that section.	510
Information that does not identify an individual may be released	511
in summary, statistical, oraggregate form.	512

Sec. 3701.22.  The department of health shall maintain a	513
chemical and bacteriologicalpublic health laboratory for the	514
following:	515

(A) Examination of public water supplies and the effluent of	516
sewage purification works;	517

(B) Diagnosis of diphtheria, typhoid fever, hydrophobia,	518
glanders, and such otherscreening for, or confirmation of	519
diseases or pathogens as it deems necessary;	520

(C) Performance of biological, chemical, or radiological	521
analyses or examinations as it deems necessary;	522

(D) Analysis of patient specimens and food samples necessary	523
for investigation of foodborne illnesses. In foodborne illness	524
investigations, the laboratory shall cooperate and consult with	525
the director of agriculture acting pursuant to section 3715.02 of	526
the Revised Code.	527

Sec. 3701.23.        Sec. 3701.221.  (A) The director of health shall have	528
charge of the public health laboratory authorized bymaintained	529
pursuant to section 3701.22 of the Revised Code. The director may	530
employ an assistant for the laboratory who shall be a person	531
skilled in chemistry and bacteriology, and receive such	532
compensation as the director may allow. All expenses of such	533
laboratory shall be paid from appropriations made for the	534
department of health.	535

(B) The public health council, in accordance with Chapter	536
119. of the Revised Code, shall adopt, and may amend or rescind,	537
rules establishing reasonable fees to be charged for services that	538
the laboratory performs. The council need not prescribe fees to be	539
charged in any case where the council believes that the charging	540
of fees would significantly and adversely affect the public	541
health. All fees collected for services that the laboratory	542
performs shall be deposited into the state treasury to the credit	543
of the "laboratory handling fee fund," which is hereby created for	544
the purpose of defraying expenses of operating the laboratory.	545

Sec. 3701.23. (A) As used in this section, "health care	546
provider" means any person or government entity that provides	547
health care services to individuals. "Health care provider"	548
includes, but is not limited to, hospitals, medical clinics and	549
offices, special care facilities, medical laboratories,	550
physicians, pharmacists, dentists, physician assistants,	551
registered and licensed practical nurses, laboratory technicians,	552
emergency medical service organization personnel, and ambulance	553
service organization personnel.	554

(B) Boards of health, health authorities or officials, health	555
care providers in localities in which there are no health	556
authorities or officials, and coroners or medical examiners shall	557
report promptly to the department of health the existence of any	558
of the following:	559

(1) Asiatic cholera;

560

(2) Yellow fever;

561

(3) Diphtheria;

562

(4) Typhus or typhoid fever;

563

(5) As specified by the public health council, other	564
contagious or infectious diseases, illnesses, health conditions,	565
or unusual infectious agents or biological toxins posing a risk of	566
human fatality or disability.	567

(C) No person shall fail to comply with the reporting	568
requirements established under division (B) of this section.	569

(D) The reports required by this section shall be submitted	570
on forms and in the manner prescribed by the director of health.	571

(E) Information reported under this section that is protected	572
health information pursuant to section 3701.17 of the Revised Code	573
shall be released only in accordance with that section.	574
Information that does not identify an individual may be released	575
in summary, statistical, or aggregate form.	576

Sec. 3701.231. If a medical laboratory outside this state is	577
used to perform a test or other diagnostic or investigative	578
analysis that may result in information pertaining to a resident	579
of this state that must be reported under section 3701.23 or	580
3707.06 of the Revised Code, the entity using the laboratory shall	581
ensure that the laboratory complies with the reporting	582
requirements. The entity shall verify to the director of health	583
that the laboratory is complying with the reporting requirements.	584
The director shall establish the procedures by which an entity may	585
verify the laboratory's compliance.	586

Sec. 3701.232. (A) As used in this section:

587

(1) "Bioterrorism" means the use of any microorganism, virus,	588
infectious substance, or biological product that may be engineered	589
as a result of biotechnology, or any naturally occurring or	590
bioengineered component of a microorganism, virus, infectious	591
substance, or biological product, to cause death, disease, or	592
other biological malfunction in a human, animal, plant, or other	593
living organism as a means of influencing the conduct of	594
government or intimidating or coercing a population.	595

(2) "Pharmacist" means an individual licensed under Chapter	596
4729. of the Revised Code to engage in the practice of pharmacy as	597
a pharmacist.	598

(3) "Pharmacy" and "prescription" have the same meanings as	599
in section 4729.01 of the Revised Code.	600

(B) The public health council may adopt rules in accordance	601
with Chapter 119. of the Revised Code under which a pharmacy or	602
pharmacist is required to report significant changes in medication	603
usage that may be caused by bioterrorism, epidemic or pandemic	604
disease, or established or novel infectious agents or biological	605
toxins posing a risk of human fatality or disability. If rules are	606
adopted under this section, the events that may require a report	607
include the following:	608

(1) An unexpected increase in the number of prescriptions for	609
antibiotics;	610

(2) An unexpected increase in the number of prescriptions for	611
medication to treat fever or respiratory or gastrointestinal	612
complaints;	613

(3) An unexpected increase in sales of, or the number of	614
requests for information on, over-the-counter medication to treat	615
fever or respiratory or gastrointestinal complaints;	616

(4) Any prescription for medication used to treat a disease	617
that is relatively uncommon and may have been caused by	618
bioterrorism;	619

(5) Any other event specified in the rules adopted by the	620
public health council.	621

(C) No person shall fail to comply with any reporting	622
requirement established in rules adopted under division (B) of	623
this section.	624

(D) Information reported under this section that is protected	625
health information pursuant to section 3701.17 of the Revised Code	626
shall be released only in accordance with that section.	627
Information that does not identify an individual may be released	628
in summary, statistical, or aggregate form.	629

Sec. 3701.24.  (A) As used in this section and sections	630
3701.241 to 3701.249 of the Revised Code:	631

(1) "AIDS" means the illness designated as acquired	632
immunodeficiency syndrome.	633

(2) "HIV" means the human immunodeficiency virus identified	634
as the causative agent of AIDS.	635

(3) "AIDS-related condition" means symptoms of illness	636
related to HIV infection, including AIDS-related complex, that are	637
confirmed by a positive HIV test.	638

(4) "HIV test" means any test for the antibody or antigen to	639
HIV that has been approved by the director of health under	640
division (B) of section 3701.241 of the Revised Code.	641

(5) "Health care facility" has the same meaning as in section	642
1751.01 of the Revised Code.	643

(6) "Director" means the director of health or any employee	644
of the department of health acting on the director's behalf.	645

(7) "Physician" means a person who holds a current, valid	646
certificate issued under Chapter 4731. of the Revised Code	647
authorizing the practice of medicine or surgery and osteopathic	648
medicine and surgery.	649

(8) "Nurse" means a registered nurse or licensed practical	650
nurse who holds a license or certificate issued under Chapter	651
4723. of the Revised Code.	652

(9) "Anonymous test" means an HIV test administered so that	653
the individual to be tested can give informed consent to the test	654
and receive the results by means of a code system that does not	655
link the identity of the individual tested to the request for the	656
test or the test results.	657

(10) "Confidential test" means an HIV test administered so	658
that the identity of the individual tested is linked to the test	659
but is held in confidence to the extent provided by section	660
sections 3701.24 to 3701.248 of the Revised Code.	661

(11) "Health care provider" means an individual who provides	662
diagnostic, evaluative, or treatment services. Pursuant to Chapter	663
119. of the Revised Code, the public health council may adopt	664
rules further defining the scope of the term "health care	665
provider."	666

(12) "Significant exposure to body fluids" means a	667
percutaneous or mucous membrane exposure of an individual to the	668
blood, semen, vaginal secretions, or spinal, synovial, pleural,	669
peritoneal, pericardial, or amniotic fluid of another individual.	670

(13) "Emergency medical services worker" means all of the	671
following:	672

(a) A peace officer;

673

(b) An employee of an emergency medical service organization	674
as defined in section 4765.01 of the Revised Code;	675

(c) A firefighter employed by a political subdivision;

676

(d) A volunteer firefighter, emergency operator, or rescue	677
operator;	678

(e) An employee of a private organization that renders rescue	679
services, emergency medical services, or emergency medical	680
transportation to accident victims and persons suffering serious	681
illness or injury.	682

(14) "Peace officer" has the same meaning as in division (A)	683
of section 109.71 of the Revised Code, except that it also	684
includes a sheriff and the superintendent and troopers of the	685
state highway patrol.	686

(B) Boards of health, health authorities or officials, and	687
physicians in localities in which there are no health authorities	688
or officials, shall report promptly to the department of health	689
the existence of any one of the following diseases:	690

(1) Asiatic cholera;

691

(2) Yellow fever;

692

(3) Diphtheria;

693

(4) Typhus or typhoid fever;

694

(5) Any other contagious or infectious diseases that the	695
public health council specifies.	696

(C) Persons designated by rule adopted by the public health	697
council under section 3701.241 of the Revised Code shall report	698
promptly every case of AIDS, every AIDS-related condition, and	699
every confirmed positive HIV test to the department of health on	700
forms and in a manner prescribed by the director. In each county	701
the director shall designate the health commissioner of a health	702
district in the county to receive the reports.	703

(C) No person shall fail to comply with the reporting	704
requirements established under division (B) of this section.	705

(D) Information reported under this divisionsection that	706
identifies an individual is confidential and may be released only	707
with the written consent of the individual except as the director	708
determines necessary to ensure the accuracy of the information, as	709
necessary to provide treatment to the individual, as ordered by a	710
court pursuant to section 3701.243 or 3701.247 of the Revised	711
Code, or pursuant to a search warrant or a subpoena issued by or	712
at the request of a grand jury, prosecuting attorney, city	713
director of law or similar chief legal officer of a municipal	714
corporation, or village solicitor, in connection with a criminal	715
investigation or prosecution. Information that does not identify	716
an individual may be released in summary, statistical, or other	717
aggregate form.	718

Sec. 3701.241.  (A) The director of health shall develop and	719
administer the following:	720

(1) A surveillance system to determine the number of cases of	721
AIDS and the HIV infection rate in various population groups;	722

(2) Counseling and testing programs for groups determined by	723
the director to be at risk of HIV infection, including procedures	724
for both confidential and anonymous tests, counseling training	725
programs for health care providers, and development of counseling	726
guidelines;	727

(3) A confidential partner notification system to alert and	728
counsel sexual contacts of individuals with HIV infection;	729

(4) Risk reduction and education programs for groups	730
determined by the director to be at risk of HIV infection, and, in	731
consultation with a wide range of community leaders, education	732
programs for the public;	733

(5) Pilot programs for the long-term care of individuals with	734
AIDS or AIDS-related condition, including care in nursing homes	735
and in alternative settings;	736

(6) Programs to expand regional outpatient treatment of	737
individuals with AIDS or AIDS-related condition;	738

(7) A program to assist communities, including communities of	739
less than one hundred thousand population, in establishing AIDS	740
task forces and support groups for individuals with AIDS,	741
AIDS-related condition, and HIV infection. The program may include	742
the award of grants if they are matched by local funds.	743

Information obtained or maintained under the partner	744
notification system is not a public record under section 149.43 of	745
the Revised Code and may be released only in accordance with	746
division (C) of section 3701.243 of the Revised Code.	747

(B) The director shall:

748

(1) Approve a test or tests to be used to determine whether	749
an individual has HIV infection, define a confirmed positive test	750
result, and develop guidelines for interpreting test results;	751

(2) Establish sites for confidential and anonymous HIV tests,	752
and prepare a list of sites where an individual may obtain an	753
anonymous test;	754

(3) Prepare a list of counseling services;

755

(4) Make available a copy of the list of anonymous testing	756
sites or a copy of the list of counseling services to anyone who	757
requests it.	758

(C) The director of health shall require the director or	759
administrator of each site where anonymous or confidential HIV	760
tests are given to submit a report every three months evaluating	761
from an epidemiologic perspective the effectiveness of the HIV	762
testing program at that site. Not later than January 31, 1991, and	763
each year thereafter, the director of health shall make a report	764
evaluating the anonymous and confidential testing programs	765
throughout the state with regard to their effectiveness as	766
epidemiologic programs. The report shall be submitted to the	767
speaker of the house of representatives and the president of the	768
senate and shall be made available to the public.	769

The public health council shall adopt rules pursuant to	770
Chapter 119. of the Revised Code for the implementation of the	771
requirements of division (B)(1) of this section and division	772
(C)(D) of section 3701.24 of the Revised Code.	773

(D) The director of health shall administer funds received	774
under Title XXVI of the "Public Health Services Act," 104 Stat.	775
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	776
the quality and availability of care for individuals with AIDS,	777
AIDS-related condition, and HIV infection. In administering these	778
funds, the director may enter into contracts with any person or	779
entity for the purpose of administering the programs, including	780
contracts with the department of job and family services for	781
establishment of a program of reimbursement of drugs used for	782
treatment and care of such individuals. The director of health may	783
adopt rules in accordance with Chapter 119. of the Revised Code	784
and issue orders as necessary for administration of the funds. If	785
the department of job and family services enters into a contract	786
under this division, the director of job and family services may	787
adopt rules in accordance with Chapter 119. of the Revised Code as	788
necessary for carrying out the department's duties under the	789
contract.	790

Sec. 3701.25. (A) Every physician attending on or called in	791
to visit a patient whom hethe physician believes to be suffering	792
from poisoning from lead, cadmium, phosphorus, arsenic, brass,	793
wood alcohol, mercury, or their compounds, or from anthrax or from	794
compressed air illness and such other occupational diseases and	795
ailments as the department of health shall require to be reported,	796
shall within forty-eight hours from the time of first attending	797
such patient send to the director of health a report stating:	798

(A)(1) Name, address, and occupation of patient;

799

(B)(2) Name, address, and business of employer;

800

(C)(3) Nature of disease;

801

(D)(4) Such other information as may be reasonably required	802
by the department.	803

(B) No person shall fail to comply with the reporting	804
requirements established under division (A) of this section.	805

(C) The reports required by this section shall be made on, or	806
in conformity with, the standard schedule blanks provided for in	807
section 3701.26 of the Revised Code. The mailing of the report,	808
within the time required, in a stamped envelope addressed to the	809
office of the director, shall be in compliance with this section.	810

(D) Such reports shall not be evidence of the facts therein	811
stated in any action arising out of the disease therein reported.	812

(E) Information reported under this section that is protected	813
health information pursuant to section 3701.17 of the Revised Code	814
shall be released only in accordance with that section.	815
Information that does not identify an individual may be released	816
in summary, statistical, or aggregate form.	817

Sec. 3701.34. (A) The public health council shall:

818

(A)(1) Adopt, and may amend or rescind, sanitary rules to be	819
of general application throughout the state. The sanitary rules	820
shall be known as the sanitary code.	821

(B) Take evidence in appeals from the decision of the	822
director of health in a matter relative to the approval or	823
disapproval of plans, locations, estimates of cost, or other	824
matters coming before the director for official action. In the	825
hearing of such appeals the director may be represented in person	826
or by the attorney general.	827

(C);

828

(2) Conduct hearings in cases where the law requires that the	829
department shall give such hearings and reach decisions on the	830
evidence presented, which shall govern subsequent actions of the	831
director with reference thereto;	832

(D)(3) Prescribe, by rule, the number and functions of	833
divisions and bureaus and the qualifications of chiefs or	834
divisions and bureaus within the department;	835

(E)(4) Enact and amend bylaws in relation to its meetings and	836
the transaction of its business;	837

(F)(5) Consider any matter relating to the preservation and	838
improvement of the public health and advise the director thereon	839
with such recommendations as it considers wise.	840

(B) The council shall neither have nor exercise executive or	841
administrative duties.	842

Sec. 3701.35.  Every regulation,rule adopted by the public	843
health council, shall state the date on which it takes effect, and	844
a copy thereof, signed by the secretary of the council, shall be	845
filed in the office of the secretary of state, and a copy thereof	846
shall be sent by the director of health to each board of health of	847
a general or a city health district, health officer, or person	848
performing the duties of health officer, within the state, and	849
shall be published in such manner as the council may determine.	850
Every provision of the sanitary codecouncil's rules shall apply	851
to and be effective in all portions of the state.	852

Sec. 3701.352. (A) No person shall violate any rule of	853
adopted by the public health council of the, director of health,	854
or department of health adopted under section 3701.34 of the	855
Revised Code or any order of the director or department of health	856
issued under Chapter 3701.this chapter or any other provision of	857
the Revised Code.	858

(B) A person shall not be prosecuted under division (A) of	859
this section if a more specific prohibition applies under the	860
Revised Code for the same violation.	861

Sec. 3701.501.  (A)(1) Except as provided in division (A)(2)	862
of this section, all newborn children shall be screened for the	863
presence of the genetic, endocrine, and metabolic disorders	864
specified in rules, adopted pursuant to this section.	865

(2) Division (A)(1) of this section does not apply if the	866
parents of the child object thereto on the grounds that the	867
screening conflicts with their religious tenets and practices.	868

(B) There is hereby created the newborn screening advisory	869
council to advise the director of health regarding the screening	870
of newborn children for genetic, endocrine, and metabolic	871
disorders. The council shall engage in an ongoing review of the	872
newborn screening requirements established under this section and	873
shall provide recommendations and reports to the director as the	874
director requests and as the council considers necessary. The	875
director may assign other duties to the council, as the director	876
considers appropriate.	877

The council shall consist of fourteen members appointed by	878
the director. In making appointments, the director shall select	879
individuals and representatives of entities with interest and	880
expertise in newborn screening, including such individuals and	881
entities as health care professionals, hospitals, children's	882
hospitals, regional genetic centers, regional sickle cell centers,	883
newborn screening coordinators, and members of the public.	884

The department of health shall provide meeting space, staff	885
services, and other technical assistance required by the council	886
in carrying out its duties. Members of the council shall serve	887
without compensation, but shall be reimbursed for their actual and	888
necessary expenses incurred in attending meetings of the council	889
or performing assignments for the council.	890

The council is not subject to sections 101.82 to 101.87 of	891
the Revised Code.	892

(C)(1) The director of health shall adopt rules in accordance	893
with Chapter 119. of the Revised Code specifying the disorders for	894
which each newborn child must be screened.	895

(2) The newborn screening advisory council shall evaluate	896
genetic, metabolic, and endocrine disorders to assist the director	897
in determining which disorders should be included in the	898
screenings required under this section. In determining whether a	899
disorder should be included, the council shall consider all of the	900
following:	901

(a) The disorder's incidence, mortality, and morbidity;

902

(b) Whether the disorder causes disability if diagnosis,	903
treatment, and early intervention are delayed;	904

(c) The potential for successful treatment of the disorder;

905

(d) The expected benefits to children and society in relation	906
to the risks and costs associated with screening for the disorder;	907

(e) Whether a screening for the disorder can be conducted	908
without taking an additional blood sample or specimen.	909

(3) Based on the considerations specified in division (C)(2)	910
of this section, the council shall make recommendations to the	911
director of health for the adoption of rules under division (C)(1)	912
of this section. The director shall promptly and thoroughly review	913
each recommendation the council submits.	914

(D) The director shall adopt rules in accordance with Chapter	915
119. of the Revised Code establishing standards and procedures for	916
the screenings required by this section. The rules shall include	917
standards and procedures for all of the following:	918

(1) Causing rescreenings to be performed when initial	919
screenings have abnormal results;	920

(2) Designating the person or persons who will be responsible	921
for causing screenings and rescreenings to be performed;	922

(3) Giving to the parents of a child notice of the required	923
initial screening and the possibility that rescreenings may be	924
necessary;	925

(4) Communicating to the parents of a child the results of	926
the child's screening and any rescreenings that are performed;	927

(5) Giving notice of the results of an initial screening and	928
any rescreenings to the person who caused the child to be screened	929
or rescreened, or to another person or government entity when the	930
person who caused the child to be screened or rescreened cannot be	931
contacted;	932

(6) Referring children who receive abnormal screening or	933
rescreening results to providers of follow-up services, including	934
the services made available through funds disbursed under division	935
(F) of this section.	936

(E)(1) Except as provided in divisions (E)(2) and (3) of this	937
section, all newborn screenings required by this section shall be	938
performed by the public health laboratory authorizedmaintained	939
under section 3701.22 of the Revised Code.	940

(2) If the director determines that the public health	941
laboratory authorized under section 3701.22 of the Revised Code is	942
unable to perform screenings for all of the disorders specified in	943
the rules adopted under division (C) of this section, the director	944
shall select another laboratory to perform the screenings. The	945
director shall select the laboratory by issuing a request for	946
proposals. The director may accept proposals submitted by	947
laboratories located outside this state. At the conclusion of the	948
selection process, the director shall enter into a written	949
contract with the selected laboratory. If the director determines	950
that the laboratory is not complying with the terms of the	951
contract, the director shall immediately terminate the contract	952
and another laboratory shall be selected and contracted with in	953
the same manner.	954

(3) Any rescreening caused to be performed pursuant to this	955
section may be performed by the public health laboratory	956
authorized by section 3701.22 of the Revised Code or one or more	957
other laboratories designated by the director. Any laboratory the	958
director considers qualified to perform rescreenings may be	959
designated, including a laboratory located outside this state. If	960
more than one laboratory is designated, the person responsible for	961
causing a rescreening to be performed is also responsible for	962
selecting the laboratory to be used.	963

(F)(1) The director shall adopt rules in accordance with	964
Chapter 119. of the Revised Code establishing a fee that shall be	965
charged and collected in addition to or in conjunction with any	966
laboratory fee that is charged and collected for performing the	967
screenings required by this section. The fee, which shall be not	968
less than fourteen dollars, shall be disbursed as follows:	969

(a) Not less than ten dollars and twenty-five cents shall be	970
deposited in the state treasury to the credit of the genetics	971
services fund, which is hereby created. Not less than seven	972
dollars and twenty-five cents of each fee credited to the genetics	973
services fund shall be used to defray the costs of the programs	974
authorized by section 3701.502 of the Revised Code. Not less than	975
three dollars from each fee credited to the genetics services fund	976
shall be used to defray costs of phenylketonuria programs.	977

(b) Not less than three dollars and seventy-five cents shall	978
be deposited into the state treasury to the credit of the sickle	979
cell fund, which is hereby created. Money credited to the sickle	980
cell fund shall be used to defray costs of programs authorized by	981
section 3701.131 of the Revised Code.	982

(2) In adopting rules under division (F)(1) of this section,	983
the director shall not establish a fee that differs according to	984
whether a screening is performed by the public health laboratory	985
authorized under section 3701.22 of the Revised Code or by another	986
laboratory selected by the director pursuant to division (E)(2) of	987
this section.	988

Sec. 3701.56.  Boards of health of a general or city health	989
district, health authorities and officials, officers of state	990
institutions, police officers, sheriffs, constables, and other	991
officers and employees of the state or any county, city, or	992
township, shall enforce the orders issued by the director of	993
health, including quarantine and sanitaryisolation orders, and	994
the rules and regulations adopted by the director of health or	995
department of health.	996

Sec. 3701.57.  All prosecutions and proceedings by the	997
department of health for the violation of sections 3701.01 to	998
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	999
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	1000
the Revised Code, or for the violation of any of the orders or	1001
rules of the department, shall be instituted by the director of	1002
health. AllExcept as provided in division (C) of section 3701.571	1003
of the Revised Code, all fines or judgments collected by the	1004
department shall be paid into the state treasury to the credit of	1005
the general revenue fund.	1006

The director of health, the board of health of a general or	1007
city health district, or any person charged with enforcing the	1008
rules of the department of health as provided in section 3701.56	1009
of the Revised Code may petition the court of common pleas for	1010
injunctive or other appropriate relief requiring any person	1011
violating a rule adopted by the public health council under	1012
section 3701.34 of the Revised Code or any order issued by the	1013
director of health under this chapter to comply with such rule or	1014
order. The court of common pleas of the county in which the	1015
offense is alleged to be occurring may grant such injunctive or	1016
other appropriate relief as the equities of the case require.	1017

Sec. 3701.571. (A) The director of health, in an adjudication	1018
under Chapter 119. of the Revised Code, may impose a fine against	1019
any person who violates division (C) of section 3701.23, division	1020
(C) of section 3701.232, division (C) of section 3701.24, division	1021
(B) of section 3701.25, or division (B) of section 3707.06 of the	1022
Revised Code or against any poison prevention and treatment center	1023
or other health-related entity that fails to comply with division	1024
(C) of section 3701.201 of the Revised Code. The director shall	1025
adopt rules under Chapter 119. of the Revised Code establishing	1026
the amount of the fines that may be imposed under this section.	1027

(B) On request of the director, the attorney general shall	1028
bring and prosecute to judgment a civil action to collect any fine	1029
imposed under division (A) of this section that remains unpaid.	1030

(C) All fines collected under this section shall be deposited	1031
into the state treasury to the credit of the general operations	1032
fund created under section 3701.83 of the Revised Code.	1033

Sec. 3701.99.  (A) Whoever violates division (C) of section	1034
3701.23, division (C) of section 3701.232, division (C) of section	1035
3701.24, division (B) of section 3701.25 of the Revised Code is	1036
guilty of a minor misdemeanor on a first offense; on each	1037
subsequent offense, the person is guilty of a misdemeanor of the	1038
second degree.	1039

(B) Whoever violates, division (I) of section 3701.262,	1040
division (D) of section 3701.263, or section 3701.352 or sections	1041
3701.46 to 3701.55 of the Revised Code is guilty of a minor	1042
misdemeanor on a first offense; on each subsequent offense, the	1043
person is guilty of a misdemeanor of the fourth degree.	1044

(C)(B) Whoever violates section 3701.82 of the Revised Code	1045
is guilty of a misdemeanor of the first degree.	1046

(D)(C) Whoever violates division (A) of section 3701.352 or	1047
section 3701.81 of the Revised Code is guilty of a misdemeanor of	1048
the second degree on a first offense; on a second offense, the	1049
person is guilty of a misdemeanor of the first degree; on each	1050
subsequent offense, the person is guilty of a felony of the fifth	1051
degree.	1052

(E) Whoever violates division (G) of section 3701.88 of the	1053
Revised Code shall be fined not more than one hundred dollars.	1054
Each day the violation continues is a separate offense.	1055

Sec. 3707.06. (A) Each physician or other person called to	1056
attend a person suffering from cholera, plague, yellow fever,	1057
typhus fever, diphtheria, typhoid fever, or any other disease	1058
dangerous to the public health, or required by the department of	1059
health to be reported, shall report to the health commissioner	1060
within whose jurisdiction the sick person is found the name, age,	1061
sex, and color of the patient, and the house and place in which	1062
the sick person may be found. In like manner, the owner or agent	1063
of the owner of a building in which a person resides who has any	1064
of the listed diseases, or in which are the remains of a person	1065
having died of any of the listed diseases, and the head of the	1066
family, immediately after becoming aware of the fact, shall give	1067
notice thereof to the health commissioner.	1068

(B) No person shall fail to comply with the reporting	1069
requirements of division (A) of this section.	1070

(C) Information reported under this section that is protected	1071
health information pursuant to section 3701.17 of the Revised Code	1072
shall be released only in accordance with that section.	1073
Information that does not identify an individual may be released	1074
in summary, statistical, or aggregate form.	1075

Sec. 3707.34.  (A) In enforcing the provision of sections	1076
3707.04 to 3707.32 of the Revised Code regarding quarantine and	1077
isolation, the health commissioner appointed by a board of health	1078
of a general or city health district may act on behalf of the	1079
board if either of the following applies:	1080

(1) Circumstances have rendered a meeting of the board to be	1081
impractical or impossible.	1082

(2) Delaying action until a meeting of the board would	1083
compromise the public health.	1084

(B) Each board of health shall adopt a policy specifying the	1085
actions that may be taken by a health commissioner pursuant to	1086
this section. Any action taken by a health commissioner in	1087
accordance with the board's policy shall be considered an action	1088
taken by the board until the board votes either to ratify or	1089
nullify the commissioner's action.	1090

Sec. 3707.33.        Sec. 3707.38.  The board of health of a city or	1091
general health district may appoint, define the duties of, and fix	1092
the compensation of the number of inspectors of shops, wagons,	1093
appliances, and food, and the number of other persons necessary to	1094
carry out this chapter and Chapter 3717. of the Revised Code and,	1095
if applicable, to carry out any duties assumed by the board under	1096
an agreement entered into under division (B) of section 917.02 of	1097
the Revised Code. Inspectors for those purposes may enter any	1098
house, vehicle, or yard. The board may authorize the health	1099
commissioner to perform the duties of the inspectors.	1100

Sec. 3715.02.  (A) The director of agriculture shall adopt	1101
rules in accordance with Chapter 119. of the Revised Code that	1102
establish, when otherwise not established by a law of this state,	1103
definitions for a food or class of food and standards for the	1104
following items as they pertain to the food or class of food:	1105

(1) Quality, identity, purity, grade, and strength;

1106

(2) Packaging and labeling;

1107

(3) Food processing equipment;

1108

(4) Processing procedures;

1109

(5) Fill of containers.

1110

The standards and definitions, where applicable, shall	1111
conform to the standards for foods adopted by the United States	1112
department of agriculture and the United States food and drug	1113
administration. Portions of Titles 7, 9, and 21 of the Code of	1114
Federal Regulations or the regulations adopted for the enforcement	1115
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040	1116
(1938), 21 U.S.C.A. 301 et seq., as amended, may be adopted as	1117
rules by referencing the federal regulations, subject to the	1118
approval of the joint committee on agency rule review.	1119

In adopting rules that establish definitions and standards of	1120
identity for a food or class of food in which only a limited	1121
number of optional ingredients are permitted, the director shall	1122
designate the optional ingredients that must be listed on the	1123
label.	1124

(B) The director shall adopt rules in accordance with Chapter	1125
119. of the Revised Code that establish procedures for the	1126
performance of sample analyses of food, food additives, and food	1127
packaging materials. The circumstances under which a sample	1128
analysis may be required include the following:	1129

(1) When a food, food additive, or food packaging material is	1130
the subject of a consumer complaint;	1131

(2) When requested by a consumer after a physician has	1132
isolated an organism from the consumer as the physician's patient;	1133

(3) When a food, food additive, or food packaging material is	1134
suspected of having caused an illness;	1135

(4) When a food, food additive, or food packaging material is	1136
suspected of being adulterated or misbranded;	1137

(5) When a food, food additive, or food packaging material is	1138
subject to verification of food labeling and standards of	1139
identity;	1140

(6) At any other time the director considers a sample	1141
analysis necessary.	1142

(C) In foodborne illness investigations, the director of	1143
agriculture shall cooperate and consult with the public health	1144
laboratory maintained by the department of health under section	1145
3701.22 of the Revised Code.	1146

(D) The director or the director's designee shall do all of	1147
the following:	1148

(1) Inspect drugs, food, or drink manufactured, stored, or	1149
offered for sale in this state;	1150

(2) Prosecute or cause to be prosecuted each person engaged	1151
in the unlawful manufacture or sale of an adulterated drug or	1152
article of food or drink, in violation of law;	1153

(3) Enforce all laws against fraud, adulteration, or	1154
impurities in drugs, foods, or drinks and unlawful labeling within	1155
this state.	1156

(E) The director may appoint or contract for one or more	1157
qualified persons to enforce the provisions of this chapter.	1158

Sec. 3901.46.  As used in this section, "membership	1159
organization" means a fraternal or other association or group of	1160
individuals involved in the same occupation, activity, or interest	1161
that is organized and maintained in good faith for purposes other	1162
than to obtain insurance and is not organized or maintained for	1163
the purpose of engaging in activities for gain or profit.	1164

(A) In underwriting an individual policy of life or sickness	1165
and accident insurance or a group policy of life or sickness and	1166
accident insurance providing coverage for members of a membership	1167
organization, an insurer may require an applicant for coverage	1168
under the policy to submit to an HIV test only in conjunction with	1169
tests for other health conditions. No applicant shall be required	1170
to submit to an HIV test on the basis of histhe applicant's	1171
sexual orientation or factors described in division (C)(1) of	1172
section 3901.45 of the Revised Code that are used to ascertain his	1173
the applicant's sexual orientation.	1174

(B)(1) An insurer that requests an applicant to take an HIV	1175
test shall obtain the applicant's written consent for the test and	1176
shall inform the applicant of the purpose of the test. The consent	1177
form shall include information about the tests to be performed,	1178
the confidentiality of the results, procedures for notifying the	1179
applicant of the results, and a general interpretation of test	1180
results.	1181

(2) The superintendent of insurance shall adopt rules under	1182
Chapter 119. of the Revised Code establishing the form and content	1183
of the consent required under division (B)(1) of this section.	1184

(C) An insurer may disclose the results of a positive HIV	1185
test only to the following persons:	1186

(1) The applicant;

1187

(2) The applicant's or insured's physician or other health	1188
care provider if the applicant or insured provides the insurer	1189
with prior written consent for disclosure;	1190

(3) Another person that the applicant or insured specifically	1191
designates in writing;	1192

(4) A medical information exchange for insurers operated	1193
under procedures intended to ensure confidentiality, including the	1194
use of general codes for results of tests for a number of diseases	1195
and conditions as well as for AIDS or an AIDS-related condition.	1196

(D) The HIV test or tests to be given the applicant shall be	1197
a test or tests approved by the director of health pursuant to	1198
division (B) of section 3701.241 of the Revised Code. Test results	1199
shall be interpreted strictly in accordance with guidelines for	1200
the use of the tests adopted by the director.	1201

(E) The requirements of division (C)(B) of section 3701.24	1202
and sections 3701.242 and 3701.243 of the Revised Code do not	1203
apply to insurers in the underwriting of an individual policy of	1204
life or sickness and accident insurance or of a group policy of	1205
life or sickness and accident insurance providing coverage for	1206
members of a membership organization, except that an insurer may	1207
make use of the procedures in division (C) of section 3701.243 of	1208
the Revised Code.	1209

(F) In underwriting a group policy of life or sickness and	1210
accident insurance, no insurer shall require an individual seeking	1211
coverage, other than an individual seeking coverage under the	1212
policy of a membership organization, to submit to an HIV test.	1213

(G) A violation of this section is an unfair insurance	1214
practice under sections 3901.19 to 3901.26 of the Revised Code.	1215

Sec. 4736.01.  As used in this chapter:

1216

(A) "Environmental health science" means the aspect of public	1217
health science that includes, but is not limited to, the following	1218
bodies of knowledge: air quality, food quality and protection,	1219
hazardous and toxic substances, consumer product safety, housing,	1220
institutional health and safety, community noise control,	1221
radiation protection, recreational facilities, solid and liquid	1222
waste management, vector control, drinking water quality, milk	1223
sanitation, and rabies control.	1224

(B) "Sanitarian" means a person who performs for compensation	1225
educational, investigational, technical, or administrative duties	1226
requiring specialized knowledge and skills in the field of	1227
environmental health science.	1228

(C) "Registered sanitarian" means a person who is registered	1229
as a sanitarian in accordance with Chapter 4736. of the Revised	1230
Code.	1231

(D) "Sanitarian-in-training" means a person who is registered	1232
as a sanitarian-in-training in accordance with Chapter 4736. of	1233
the Revised Code.	1234

(E) "Practice of environmental health" means consultation,	1235
instruction, investigation, inspection, or evaluation by an	1236
employee of a city health district, a general health district, the	1237
Ohio environmental protection agency, the department of health, or	1238
the department of agriculture requiring specialized knowledge,	1239
training, and experience in the field of environmental health	1240
science, with the primary purpose of improving or conducting	1241
administration or enforcement under any of the following:	1242

(1) Chapter 911., 913., 917., 3717., 3721., or 3733. of the	1243
Revised Code;	1244

(2) Chapter 3734. of the Revised Code as it pertains to solid	1245
waste;	1246

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	1247
3707.333707.38 to 3707.99, or section 3715.21 of the Revised	1248
Code;	1249

(4) Rules adopted under section 3701.34 of the Revised Code	1250
pertaining to home sewage, rabies control, or swimming pools.	1251

"Practice of environmental health" does not include sampling,	1252
testing, controlling of vectors, reporting of observations, or	1253
other duties that do not require application of specialized	1254
knowledge and skills in environmental health science performed	1255
under the supervision of a registered sanitarian.	1256

The state board of sanitarian registration may further define	1257
environmental health science in relation to specific functions in	1258
the practice of environmental health through rules adopted by the	1259
board under Chapter 119. of the Revised Code.	1260

Sec. 6111.04.  (A) Both of the following apply except as	1261
otherwise provided in division (A) or (F) of this section:	1262

(1) No person shall cause pollution or place or cause to be	1263
placed any sewage, sludge, sludge materials, industrial waste, or	1264
other wastes in a location where they cause pollution of any	1265
waters of the state.	1266

(2) Such an action prohibited under division (A)(1) of this	1267
section is hereby declared to be a public nuisance.	1268

Divisions (A)(1) and (2) of this section do not apply if the	1269
person causing pollution or placing or causing to be placed wastes	1270
in a location in which they cause pollution of any waters of the	1271
state holds a valid, unexpired permit, or renewal of a permit,	1272
governing the causing or placement as provided in sections 6111.01	1273
to 6111.08 of the Revised Code or if the person's application for	1274
renewal of such a permit is pending.	1275

(B) If the director administers a sludge management program	1276
pursuant to division (S) of section 6111.03 of the Revised Code,	1277
both of the following apply except as otherwise provided in	1278
division (B) or (F) of this section:	1279

(1) No person, in the course of sludge management, shall	1280
place on land located in the state or release into the air of the	1281
state any sludge or sludge materials.	1282

(2) An action prohibited under division (B)(1) of this	1283
section is hereby declared to be a public nuisance.	1284

Divisions (B)(1) and (2) of this section do not apply if the	1285
person placing or releasing the sludge or sludge materials holds a	1286
valid, unexpired permit, or renewal of a permit, governing the	1287
placement or release as provided in sections 6111.01 to 6111.08 of	1288
the Revised Code or if the person's application for renewal of	1289
such a permit is pending.	1290

(C) No person to whom a permit has been issued shall place or	1291
discharge, or cause to be placed or discharged, in any waters of	1292
the state any sewage, sludge, sludge materials, industrial waste,	1293
or other wastes in excess of the permissive discharges specified	1294
under an existing permit without first receiving a permit from the	1295
director to do so.	1296

(D) No person to whom a sludge management permit has been	1297
issued shall place on the land or release into the air of the	1298
state any sludge or sludge materials in excess of the permissive	1299
amounts specified under the existing sludge management permit	1300
without first receiving a modification of the existing sludge	1301
management permit or a new sludge management permit to do so from	1302
the director.	1303

(E) The director may require the submission of plans,	1304
specifications, and other information that the director considers	1305
relevant in connection with the issuance of permits.	1306

(F) This section does not apply to any of the following:

1307

(1) Waters used in washing sand, gravel, other aggregates, or	1308
mineral products when the washing and the ultimate disposal of the	1309
water used in the washing, including any sewage, industrial waste,	1310
or other wastes contained in the waters, are entirely confined to	1311
the land under the control of the person engaged in the recovery	1312
and processing of the sand, gravel, other aggregates, or mineral	1313
products and do not result in the pollution of waters of the	1314
state;	1315

(2) Water, gas, or other material injected into a well to	1316
facilitate, or that is incidental to, the production of oil, gas,	1317
artificial brine, or water derived in association with oil or gas	1318
production and disposed of in a well, in compliance with a permit	1319
issued under Chapter 1509. of the Revised Code, or sewage,	1320
industrial waste, or other wastes injected into a well in	1321
compliance with an injection well operating permit. Division	1322
(F)(2) of this section does not authorize, without a permit, any	1323
discharge that is prohibited by, or for which a permit is required	1324
by, regulation of the United States environmental protection	1325
agency.	1326

(3) Application of any materials to land for agricultural	1327
purposes or runoff of the materials from that application or	1328
pollution by animal waste or soil sediment, including attached	1329
substances, resulting from farming, silvicultural, or earthmoving	1330
activities regulated by Chapter 307. or 1515. of the Revised Code;	1331

(4) The excrement of domestic and farm animals defecated on	1332
land or runoff therefrom into any waters of the state;	1333

(5) On and after the date on which the United States	1334
environmental protection agency approves the NPDES program	1335
submitted by the director of agriculture under section 903.08 of	1336
the Revised Code, storm water from an animal feeding facility, as	1337
defined in section 903.01 of the Revised Code, or manure, as	1338
defined in that section;	1339

(6) The discharge of sewage, industrial waste, or other	1340
wastes into a sewerage system tributary to a treatment works.	1341
Division (F)(5)(6) of this section does not authorize any	1342
discharge into a publicly owned treatment works in violation of a	1343
pretreatment program applicable to the publicly owned treatment	1344
works.	1345

(7) Septic tanks or any other disposal systems for the	1346
disposal or treatment of sewage from single-family, two-family, or	1347
three-family dwellings in compliance with the sanitary code and	1348
section 3707.01 of the Revised Code and the applicable rules	1349
adopted under section 3701.34 of the Revised Code. Division	1350
(F)(6)(7) of this section does not authorize, without a permit,	1351
any discharge that is prohibited by, or for which a permit is	1352
required by, regulation of the United States environmental	1353
protection agency.	1354

(8) Exceptional quality sludge generated outside of this	1355
state and contained in bags or other containers not greater than	1356
one hundred pounds in capacity. As used in division (F)(7)(8) of	1357
this section, "exceptional quality sludge" has the same meaning as	1358
in division (Y) of section 3745.11 of the Revised Code.	1359

(G) The holder of a permit issued under section 402 (a) of	1360
the Federal Water Pollution Control Act need not obtain a permit	1361
for a discharge authorized by the permit until its expiration	1362
date. The director shall administer and enforce those permits	1363
within this state and may modify their terms and conditions in	1364
accordance with division (J) of section 6111.03 of the Revised	1365
Code.	1366

Section 2. That existing sections 339.89, 3701.03, 3701.04,	1367
3701.06, 3701.07, 3701.13, 3701.14, 3701.15, 3701.16, 3701.17,	1368
3701.19, 3701.22, 3701.23, 3701.24, 3701.241, 3701.25, 3701.34,	1369
3701.35, 3701.352, 3701.501, 3701.56, 3701.57, 3701.99, 3707.06,	1370
3707.33, 3715.02, 3901.46, 4736.01, and 6111.04 of the Revised	1371
Code are hereby repealed.	1372

Section 3. That Section 56.01 of Am. Sub. H.B. 94 of the	1373
124th General Assembly, as most recently amended by Am. Sub. H.B.	1374
524 of the 124th General Assembly, be amended to read as follows:	1375

Sec. 56.01. HEMOPHILIA SERVICES

1376

Of the foregoing appropriation item 440-406, Hemophilia	1377
Services, $205,000 in each fiscal year shall be used to implement	1378
the Hemophilia Insurance Pilot Project.	1379

Of the foregoing appropriation item 440-406, Hemophilia	1380
Services, up to $245,000 in each fiscal year shall be used by the	1381
Department of Health to provide grants to the nine hemophilia	1382
treatment centers to provide prevention services for persons with	1383
hemophilia and their family members affected by AIDS and other	1384
bloodborne pathogens.	1385

CANCER REGISTRY SYSTEM

1386

Of the foregoing appropriation item 440-412, Cancer Incidence	1387
Surveillance System, $50,000 in each fiscal year shall be provided	1388
to the Northern Ohio Cancer Resource Center.	1389

The remaining moneys in appropriation item 440-412, Cancer	1390
Incidence Surveillance System, shall be used to maintain and	1391
operate the Ohio Cancer Incidence Surveillance System pursuant to	1392
sections 3701.261 to 3701.263 of the Revised Code.	1393

No later than March 1, 2002, the Ohio Cancer Incidence	1394
Surveillance Advisory Board shall report to the General Assembly	1395
on the effectiveness of the cancer incidence surveillance system	1396
and the partnership between the Department of Health and the	1397
Arthur G. James Cancer Hospital and Richard J. Solove Research	1398
Institute of The Ohio State University.	1399

CHILD AND FAMILY HEALTH SERVICES

1400

Of the foregoing appropriation item 440-416, Child and Family	1401
Health Services, $1,700,000 in each fiscal year shall be used for	1402
family planning services. None of the funds received through these	1403
family planning grants shall be used to provide abortion services.	1404
None of the funds received through these family planning grants	1405
shall be used for counseling for or referrals for abortion, except	1406
in the case of a medical emergency. These funds shall be	1407
distributed on the basis of the relative need in the community	1408
served by the Director of Health to family planning programs,	1409
which shall include family planning programs funded under Title V	1410
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	1411
301, as amended, and Title X of the "Public Health Services Act,"	1412
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to	1413
other family planning programs that the Department of Health also	1414
determines will provide services that are physically and	1415
financially separate from abortion-providing and	1416
abortion-promoting activities, and that do not include counseling	1417
for or referrals for abortion, other than in the case of medical	1418
emergency, with state moneys, but that otherwise substantially	1419
comply with the quality standards for such programs under Title V	1420
and Title X.	1421

The Director of Health, by rule, shall provide reasonable	1422
methods by which a grantee wishing to be eligible for federal	1423
funding may comply with these requirements for state funding	1424
without losing its eligibility for federal funding, while ensuring	1425
that a family planning program receiving a family planning grant	1426
must be organized so that it is physically and financially	1427
separate from the provision of abortion services and from	1428
activities promoting abortion as a method of family planning.	1429

Of the foregoing appropriation item 440-416, Child and Family	1430
Health Services, $150,000 in each fiscal year shall be used to	1431
provide malpractice insurance for physicians and other health	1432
professionals providing prenatal services in programs funded by	1433
the Department of Health.	1434

Of the foregoing appropriation item 440-416, Child and Family	1435
Health Services, $279,000 shall be used in each fiscal year for	1436
the OPTIONS dental care access program.	1437

Of the foregoing appropriation item 440-416, Child and Family	1438
Health Services, $600,000 in each fiscal year shall be used by	1439
local child and family health services clinics to provide services	1440
to uninsured low-income persons.	1441

Of the foregoing appropriation item 440-416, Child and Family	1442
Health Services, $900,000 in each fiscal year shall be used by	1443
federally qualified health centers and federally designated	1444
look-alikes to provide services to uninsured low-income persons.	1445

Of the foregoing appropriation item 440-416, Child and Family	1446
Health Services, $50,000 in each fiscal year shall be used for the	1447
Tree of Knowledge Learning Center in Cleveland Heights.	1448

Of the foregoing appropriation item 440-416, Child and Family	1449
Health Services, $25,000 in fiscal year 2002 shall be provided to	1450
the Suicide Prevention Program of Clermont County.	1451

Of the foregoing appropriation item 440-416, Child and Family	1452
Health Services, $50,000 in fiscal year 2002 shall be provided to	1453
the Discover Health Project.	1454

Of the foregoing appropriation item 440-416, Child and Family	1455
Health Services, $75,000 in fiscal year 2002 shall be provided to	1456
the Mayerson Center.	1457

Of the foregoing appropriation item 440-416, Child and Family	1458
Health Services, $50,000 in fiscal year 2002 shall be provided to	1459
the Central Clinic at the University of Cincinnati.	1460

IMMUNIZATIONS

1461

Of the foregoing appropriation item 440-418, Immunizations,	1462
$125,000 per fiscal year shall be used to provide vaccinations for	1463
Hepatitis B to all qualified underinsured students in the seventh	1464
grade who have not been previously immunized.	1465

Of the foregoing appropriation item 440-418, Immunizations,	1466
up to $25,000 in each fiscal year shall be used to provide	1467
vaccinations for pneumococcal disease for children between the	1468
ages of two and five.	1469

SEXUAL ASSAULT PREVENTION AND INTERVENTION

1470

The foregoing appropriation item 440-419, Sexual Assault	1471
Prevention and Intervention, shall be used for the following	1472
purposes:	1473

(A) Funding of new services in counties with no services for	1474
sexual assault;	1475

(B) Expansion of services provided in currently funded	1476
projects so that comprehensive crisis intervention and prevention	1477
services are offered;	1478

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	1479
projects;	1480

(D) Statewide expansion of local outreach and public	1481
awareness efforts.	1482

HIV/AIDS PREVENTION/TREATMENT

1483

Of the foregoing appropriation item 440-444, AIDS Prevention	1484
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	1485
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	1486
in acquiring HIV-related medications.	1487

The HIV Drug Assistance Program is pursuant to section	1488
3701.241 of the Revised Code and Title XXVI of the "Public Health	1489
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	1490
The Department of Health may adopt rules pursuant to Chapter 119.	1491
of the Revised Code as necessary for the administration of the	1492
program.	1493

INFECTIOUS DISEASE PREVENTION

1494

Notwithstanding section 339.77 of the Revised Code, $60,000	1495
of the foregoing appropriation item 440-446, Infectious Disease	1496
Prevention, shall be used by the Director of Health to reimburse	1497
Boards of County Commissioners for the cost of detaining indigent	1498
persons with tuberculosis. Any portion of the $60,000 allocated	1499
for detainment not used for that purpose shall be used to make	1500
payments to counties pursuant to section 339.77 of the Revised	1501
Code.	1502

Of the foregoing appropriation item 440-446, Infectious	1503
Disease Prevention, $335,000 in each fiscal year shall be used for	1504
the purchase of drugs for sexually transmitted diseases.	1505

HELP ME GROW

1506

The foregoing appropriation item 440-459, Help Me Grow, shall	1507
be used by the Department of Health to distribute subsidies to	1508
counties to implement the Help Me Grow program. Appropriation item	1509
440-459 may be used in conjunction with Temporary Assistance for	1510
Needy Families from the Department of Job and Family Services,	1511
Even Start from the Department of Education, and in conjunction	1512
with other early childhood funds and services to promote the	1513
optimal development of young children. Local contacts shall be	1514
developed between local departments of job and family services and	1515
family and children first councils for the administration of TANF	1516
funding for the Help Me Grow Program. The Department of Health	1517
shall enter into an interagency agreement with the Department of	1518
Education to coordinate the planning, design, and grant selection	1519
process for any new Even Start grants and to ensure that all new	1520
and existing programs within Help Me Grow are school linked.	1521

POISON CONTROL NETWORK

1522

The foregoing appropriation item 440-504, Poison Control	1523
Network, shall be used in each fiscal year by the Department of	1524
Health for grants to the consolidated Ohio Poison Control Center	1525
to provide poison control services to Ohio citizens.	1526

TANF FAMILY PLANNING

1527

The Director of Budget and Management shall transfer by	1528
intrastate transfer voucher, no later than the fifteenth day of	1529
July of each fiscal year, cash from the General Revenue Fund,	1530
appropriation item 600-410, TANF State, to General Services Fund	1531
5C1 in the Department of Health, in an amount of $250,000 in each	1532
fiscal year for the purpose of family planning services for	1533
children or their families whose income is at or below 200 per	1534
cent of the official poverty guideline.	1535

As used in this section, "poverty guideline" means the	1536
official poverty guideline as revised annually by the United	1537
States Secretary of Health and Human Services in accordance with	1538
section 673 of the "Community Services Block Grant Act," 95 Stat.	1539
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	1540
to the size of the family of the person whose income is being	1541
determined.	1542

MATERNAL CHILD HEALTH BLOCK GRANT

1543

Of the foregoing appropriation item 440-601, Maternal Child	1544
Health Block Grant (Fund 320), $2,091,299 shall be used in each	1545
fiscal year for the purposes of abstinence-only education. The	1546
Director of Health shall develop guidelines for the establishment	1547
of abstinence programs for teenagers with the purpose of	1548
decreasing unplanned pregnancies and abortion. Such guidelines	1549
shall be pursuant to Title V of the "Social Security Act," 42	1550
U.S.C.A. 510, and shall include, but are not limited to,	1551
advertising campaigns and direct training in schools and other	1552
locations.	1553

A portion of the foregoing appropriation item 440-601,	1554
Maternal Child Health Block Grant (Fund 320), may be used to	1555
ensure that current information on sudden infant death syndrome is	1556
available for distribution by local health districts.	1557

TITLE XX TRANSFER

1558

Of the foregoing appropriation item 440-611, Title XX	1559
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	1560
funds are available based on deposits made pursuant to Section	1561
63.09 of Am. Sub. H.B. 94 of the 124th General Assembly, shall be	1562
used for the purposes of abstinence-only education. The Director	1563
of Health shall develop guidelines for the establishment of	1564
abstinence programs for teenagers with the purpose of decreasing	1565
unplanned pregnancies and abortion. The guidelines shall be	1566
developed pursuant to Title V of the "Social Security Act," 42	1567
U.S.C. 510, and shall include, but are not to be limited to,	1568
advertising campaigns and direct training in schools and other	1569
locations.	1570

GENETICS SERVICES

1571

The foregoing appropriation item 440-608, Genetics Services	1572
(Fund 4D6), shall be used by the Department of Health to	1573
administer programs authorized by sections 3701.501 and 3701.502	1574
of the Revised Code. None of these funds shall be used to counsel	1575
or refer for abortion, except in the case of a medical emergency.	1576

SICKLE CELL FUND

1577

The foregoing appropriation item 440-610, Sickle Cell Disease	1578
Control (Fund 4F9), shall be used by the Department of Health to	1579
administer programs authorized by section 3701.131 of the Revised	1580
Code. The source of the funds is as specified in section 3701.23	1581
3701.221 of the Revised Code.	1582

SAFETY AND QUALITY OF CARE STANDARDS

1583

The Department of Health may use Fund 471, Certificate of	1584
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	1585
the Revised Code in each fiscal year.	1586

MEDICALLY HANDICAPPED CHILDREN AUDIT

1587

The Medically Handicapped Children Audit Fund (Fund 477)	1588
shall receive revenue from audits of hospitals and recoveries from	1589
third-party payors. Moneys may be expended for payment of audit	1590
settlements and for costs directly related to obtaining recoveries	1591
from third-party payors and for encouraging Medically Handicapped	1592
Children's Program recipients to apply for third-party benefits.	1593
Moneys also may be expended for payments for diagnostic and	1594
treatment services on behalf of medically handicapped children, as	1595
defined in division (A) of section 3701.022 of the Revised Code,	1596
and Ohio residents who are twenty-one or more years of age and who	1597
are suffering from cystic fibrosis. Moneys may also be expended	1598
for administrative expenses incurred in operating the Medically	1599
Handicapped Children's Program.	1600

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	1601
PERMIT FUND	1602

The Director of Budget and Management, pursuant to a plan	1603
submitted by the Department of Health, or as otherwise determined	1604
by the Director of Budget and Management, shall set a schedule to	1605
transfer cash from the Liquor Control Fund (Fund 043) to the	1606
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	1607
needs of the Alcohol Testing and Permit program.	1608

The Director of Budget and Management shall transfer to the	1609
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	1610
Fund (Fund 043) established in section 4301.12 of the Revised Code	1611
such amounts at such times as determined by the transfer schedule.	1612

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

1613

The foregoing appropriation item 440-607, Medically	1614
Handicapped Children - County Assessments (Fund 666), shall be	1615
used to make payments pursuant to division (E) of section 3701.023	1616
of the Revised Code.	1617

Section 4. That existing Section 56.01 of Am. Sub. H.B. 94 of	1618
the 124th General Assembly, as most recently amended by Am. Sub.	1619
H.B. 524 of the 124th General Assembly, is hereby repealed.	1620