As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 179


Senator Morano 

Cosponsors: Senators Fedor, Miller, D., Roberts, Miller, R., Smith, Sawyer, Cafaro, Mason 

A BILL
To amend sections 2907.29, 3313.6011, and 4729.16; to 1
enact sections 1751.661, 3701.047, 3701.135, 2
3727.11, 3727.12, 3923.602, 3923.611, 4729.43, and 3
4729.45; to repeal section 3701.046 of the Revised 4
Code; to amend Section 206.42.03 of Am. Sub. H.B. 5
66 of the 126th General Assembly; to amend Section 6
206.42.09 of Am. Sub. H.B. 66 of the 126th General 7
Assembly, as subsequently amended; and to repeal 8
Section 206.42.06 of Am. Sub. H.B. 66 of the 126th 9
General Assembly regarding assistance for 10
pregnancy prevention.11


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

       Section 1. That sections 2907.29, 3313.6011, and 4729.16 be 12
amended and sections 1751.661, 3701.047, 3701.135, 3727.11, 13
3727.12, 3923.602, 3923.611, 4729.43, and 4729.45 of the Revised 14
Code be enacted to read as follows:15

       Sec. 1751.661. (A) No individual or group health insuring16
corporation policy, contract, or agreement shall do either of the17
following:18

        (1) Limit or exclude coverage for prescription contraceptive 19
drugs or devices approved by the United States food and drug 20
administration, if the policy, contract, or agreement provides 21
coverage for other prescription drugs or devices;22

        (2) Limit or exclude coverage for physician-directed 23
outpatient services that are related to the provision of such24
drugs or devices, if the policy, contract, or agreement provides25
coverage for other outpatient services rendered by a provider.26

        (B) The coverage provided under division (A) of this section 27
shall be subject to the same terms and conditions, including 28
copayment charges, that apply to similar coverage provided under 29
the policy, contract, or agreement.30

        (C) This section applies notwithstanding section 3901.71 of31
the Revised Code.32

       Sec. 2907.29.  Every hospital of this state that offers33
organized emergency services shall provide that a physician, a34
physician assistant, a clinical nurse specialist, a certified35
nurse practitioner, or a certified nurse-midwife is available on36
call twenty-four hours each day for the examination of persons37
reported to any law enforcement agency to be victims of sexual38
offenses cognizable as violations of any provision of sections39
2907.02 to 2907.06 of the Revised Code. The physician, physician40
assistant, clinical nurse specialist, certified nurse41
practitioner, or certified nurse-midwife, upon the request of any42
peace officer or prosecuting attorney and with the consent of the43
reported victim or upon the request of the reported victim, shall44
examine the person for the purposes of gathering physical evidence45
and shall complete any written documentation of the physical46
examination. The public health council shall establish procedures47
for gathering evidence under this section.48

       Each reported victim shall be informed of available venereal49
disease, pregnancy, medical, and psychiatric services in 50
accordance with section 3727.11 of the Revised Code.51

       Notwithstanding any other provision of law, a minor may52
consent to examination under this section. The consent is not53
subject to disaffirmance because of minority, and consent of the54
parent, parents, or guardian of the minor is not required for an55
examination under this section. However, the hospital shall give56
written notice to the parent, parents, or guardian of a minor that57
an examination under this section has taken place. The parent,58
parents, or guardian of a minor giving consent under this section59
are not liable for payment for any services provided under this60
section without their consent.61

       Sec. 3313.6011.  (A) As used in this section, "sexual62
activity" has the same meaning as in section 2907.01 of the63
Revised Code.64

       (B) Instruction in venereal disease education pursuant to65
division (A)(5)(c) of section 3313.60 of the Revised Code shall66
emphasize thatdevote equal attention to the following:67

       (1) That abstinence from sexual activity is the only68
protection that is one hundred per cent effective against unwanted69
pregnancy, sexually transmitted disease, and the sexual70
transmission of a virus that causes acquired immunodeficiency71
syndrome;72

       (2) The benefits and effectiveness of contraception and 73
condom use as a way to prevent unintended pregnancy, sexually 74
transmitted disease, and the sexual transmission of a virus that 75
causes acquired immunodeficiency syndrome.76

       (C) In adopting minimum standards under section 3301.07 of77
the Revised Code, the state board of education shall require78
course material and instruction in venereal disease education79
courses taught pursuant to division (A)(5)(c) of section 3313.6080
of the Revised Code to do all of the following:81

       (1) Stress that students should abstain from sexual activity82
until after marriagethe value of abstinence without ignoring the 83
young people who have engaged in or are engaging in sexual 84
activity;85

       (2) Teach the potential physical, psychological, emotional,86
and social side effects of participating in sexual activity87
outside of marriageEncourage family communication between parent 88
and child about sexuality;89

       (3) Teach that conceiving children out of wedlock is likely90
to have harmful consequences for the child, the child's parents,91
and societyTeach contraception and condom use in a medically 92
accurate manner that discusses both the health benefits and 93
effectiveness rates in realistic use;94

       (4) Teach young people the skills necessary to make 95
responsible decisions about sexual activity including how to avoid 96
receiving or making unwanted verbal, physical, and sexual 97
advances;98

       (4)(5) Stress that sexually transmitted diseases are serious99
possible hazards of sexual activity;100

       (5)(6) Advise students of the laws pertaining to financial101
responsibility of parents to children born in and out of wedlock;102

       (6)(7) Advise students of the circumstances under which it is103
criminal to have sexual contact with a person under the age of104
sixteen pursuant to section 2907.04 of the Revised Code.105

       (D) Any model education program for health education the106
state board of education adopts shall conform to the requirements107
of this section.108

       (E) On and after March 18, 1999, and notwithstanding section 109
3302.07 of the Revised Code, the superintendent of public110
instruction shall not approve, pursuant to section 3302.07 of the111
Revised Code, any waiver of any requirement of this section or of112
any rule adopted by the state board of education pursuant to this113
section.114

       Sec. 3701.047. (A) The department of health shall establish a 115
program to award grants to public and private entities to 116
establish or expand teenage pregnancy prevention programs. The 117
department shall award grants in accordance with this section and 118
any rules adopted by the public health council under division (F) 119
of this section.120

        (B) To be eligible for the grant program, an applicant shall 121
meet the following requirements:122

        (1) Replicate or substantially incorporate elements of one or 123
more teenage pregnancy prevention programs that meet both of the 124
following requirements:125

       (a) Have been proven to delay sexual intercourse or sexual 126
activity, increase contraceptive use without increasing sexual 127
activity, or reduce teenage pregnancy based on scientific research 128
that meets the following requirements:129

       (i) Measured impact on sexual or contraceptive behavior, 130
pregnancy, or childbearing;131

        (ii) Employed an experimental or quasi-experimental design 132
with well-constructed and appropriate comparison groups;133

       (iii) Had a sample size of at least one hundred participants 134
and a follow-up interval of at least six months.135

       (b) Use one or more of the following strategies to prevent 136
teenage pregnancy: encouraging teenagers to delay sexual activity, 137
sex and HIV education, interventions for sexually active 138
teenagers, preventive health services, youth development programs, 139
serving learning programs, or outreach or media programs.140

        (2) Demonstrate that the applicant will pay at least 141
twenty-five per cent of the cost of the program from funds derived 142
from nonfederal sources. The applicant's share of the cost of the 143
program may be provided in cash or in-kind services.144

        (3) Demonstrate that the grant funds will supplement, not 145
supplant, funds that would otherwise be available to the entity 146
for teenage prevention programs;147

        (4) Meet any other requirements established by the public 148
health council in rules adopted under division (F) of this 149
section.150

        (C)(1) The department shall give priority for awarding grants 151
to applicants who serve one or more of the following communities:152

        (a) Communities with teenage pregnancy or birth rates higher 153
than the state average, or with rising teenage pregnancy or birth 154
rates;155

        (b) Communities with underserved or at-risk populations 156
higher than the state average;157

       (c) Communities located in areas where the applicant may take 158
advantage of other resources and coordinate with other programs 159
serving youth, such as workforce development or after-school 160
programs.161

       (2) The department shall not deny priority status to any of 162
the following entities:163

        (a) A statewide or local not-for-profit coalition working to 164
prevent teenage pregnancy;165

       (b) A state, local, or tribal agency;166

        (c) A public or private school;167

        (d) An entity that provides after-school programs;168

        (e) A community or faith-based group.169

        (D) A program is ineligible for grants under this section if 170
the program is designated as an abstinence-only program or 171
determined by the department to be an abstinence-only program.172

        (E) Each year, the department shall conduct an evaluation of 173
at least ten per cent of programs to which grants are awarded 174
under this section. As part of this evaluation, the department 175
shall collect basic data on each program. The department shall 176
prepare a report detailing the effectiveness of grants issued 177
under this section. A copy of the report shall be submitted to the 178
general assembly not later than the thirty-first day of December 179
of each year.180

       The recipient of a grant awarded under this section shall 181
provide all information requested by the department for purposes 182
of the evaluation required by this division.183

        (F) The public health council may adopt rules in accordance 184
with Chapter 119. of the Revised Code regarding the following:185

        (1) Any eligibility requirements for grant program applicants 186
that are in addition to those provided in this section;187

        (2) The methodology to be employed by the department in 188
determining which applicants will receive grants;189

       (3) Any other matters necessary for the implementation of 190
this section.191

       Sec. 3701.135.  (A) As used in this section:192

       (1) "Emergency contraception" means any drug, drug regimen, 193
or device approved by the United States food and drug 194
administration to prevent pregnancy after unprotected sexual 195
intercourse or contraceptive failure.196

       (2) "Health care practitioner" has the same meaning as in 197
section 3701.74 of the Revised Code.198

       (B) The department of health shall cause to be published 199
materials explaining emergency contraception. The materials shall 200
include, at a minimum, the following information:201

       (1) An explanation of the use, safety, efficacy, and 202
availability of emergency contraception;203

       (2) A recommendation regarding the use of emergency 204
contraception in appropriate cases;205

       (3) An explanation of how an individual may obtain additional 206
copies of the materials from the department.207

       (C) The department shall furnish copies of the materials 208
published under division (B) of this section to all of the 209
following:210

       (1) Health care practitioners;211

       (2) Hospitals, ambulatory surgical facilities, long-term care 212
facilities, pharmacies, and emergency medical facilities;213

       (3) Any other health care organization providing public 214
health services.215

       Sec. 3727.11. (A) As used in this section and section 3727.12 216
of the Revised Code:217

       (1) "Emergency contraception" means any drug, drug regimen, 218
or device approved by the United States food and drug 219
administration to prevent pregnancy after unprotected sexual 220
intercourse or contraceptive failure.221

       (2) "Hospital" has the same meaning as in section 3727.01 of 222
the Revised Code.223

       (3) "Sexual assault" means a violation of any provision of 224
sections 2907.02 to 2907.06 of the Revised Code.225

       (B) It shall be the standard of care for hospitals in this 226
state for hospitals that offer organized emergency services to 227
provide the following care to victims of sexual assault or 228
individuals believed to be victims of sexual assault without 229
regard of the victim's ability to pay for the care:230

       (1) The hospital shall provide the victim medically and 231
factually accurate, unbiased, and clear and concise written and 232
oral information about emergency contraception that explains the 233
following:234

       (a) That emergency contraception has been approved by the 235
United States food and drug administration for use by women of all 236
ages with a prescription and as an over-the-counter medication for 237
women eighteen years of age or older as a safe and effective means 238
to prevent pregnancy after unprotected sexual intercourse or 239
contraceptive failure if taken in a timely manner;240

       (b) That emergency contraception is more effective the sooner 241
it is taken following unprotected sexual intercourse or 242
contraceptive failure;243

       (c) That emergency contraception does not cause an abortion 244
and studies have shown that it does not interrupt an established 245
pregnancy.246

       (2) The hospital shall promptly offer the victim emergency 247
contraception and provide the emergency contraception if the 248
victim accepts the offer.249

       (3) The hospital shall promptly provide a victim with an 250
assessment of the victim's risk of contracting sexually 251
transmitted disease, conducted by a physician, physician 252
assistant, clinical nurse specialist, certified nurse 253
practitioner, or a certified nurse-midwife and based on the 254
following:255

       (a) The available information regarding the sexual assault as 256
well as subsequent findings from the medical examinations and any 257
tests conducted;258

       (b) The established standards of risk assessment, including 259
consideration of any recommendations established by the United 260
States centers for disease control and prevention, peer-reviewed 261
clinical studies, and appropriate research using invitro and 262
nonhuman primate model of infection.263

       (4) The hospital shall provide the victim with counseling, in 264
clear and concise language, conducted by a physician, physician 265
assistant, clinical nurse specialist, certified nurse 266
practitioner, or a certified nurse-midwife concerning the 267
following:268

       (a) The significantly prevalent sexually transmitted diseases 269
for which effective post-exposure treatment exists and for which 270
deferral of treatment would either significantly reduce treatment 271
efficacy or pose substantial risk to the victim's health;272

       (b) The requirement that treatment for diseases described in 273
this section be provided to the victim on request, regardless of 274
the victim's ability to pay for the treatment.275

       (5) The hospital shall offer to treat the victim for any 276
sexually transmitted diseases to which the victim may have been 277
exposed during the assault and provide the treatment if the victim 278
consents to be treated.279

       (C) Notwithstanding any other provision of law, a minor may280
consent to examination under this section. The consent is not281
subject to disaffirmance because of minority, and consent of the282
parent, parents, or guardian of the minor is not required for an283
examination under this section. The parent, parents, or guardian 284
of a minor giving consent under this section are not liable for285
payment for any services provided under this section without their 286
consent.287

       (D) Nothing in this section shall be construed to mean the 288
following:289

       (1) That a hospital shall be required to provide treatment to 290
a victim of sexual assault if the treatment goes against 291
recommendations established by the United States centers for 292
disease control and prevention;293

       (2) That a victim shall be required to submit to any testing 294
or treatment;295

       (3) That a hospital is prohibited from seeking reimbursement 296
for the costs of services provided under this section from the 297
victim's health insurance or medicaid, if applicable, and to the 298
extent permitted by section 2907.28 of the Revised Code.299

       Sec. 3727.12.  In addition to other remedies under common 300
law, an individual may file a complaint with the department of 301
health if the individual believes a hospital has failed to comply 302
with the requirements of section 3727.11 of the Revised Code. The 303
department shall investigate the complaint in a timely manner. If 304
the department determines a violation has occurred, the department 305
shall do the following:306

       (A) If the hospital fails to provide the care or services 307
required in section 3727.11 of the Revised Code to a sexual 308
assault victim, impose a civil penalty of not less than ten 309
thousand dollars for each violation;310

       (B) If the hospital has previously violated section 3727.11 311
of the Revised Code, the department may ask the attorney general 312
to bring an action for injunctive relief in any court of competent 313
jurisdiction. On the filing of an appropriate petition in the 314
court, the court shall conduct a hearing on the petition. If it is 315
demonstrated in the proceedings that the hospital has failed to 316
provide the care or services, the court shall grant a temporary or 317
permanent injunction enjoining the hospital's operation.318

       Sec. 3923.602. (A) No individual or group policy of sickness319
and accident insurance shall do either of the following:320

        (1) Limit or exclude coverage for prescription contraceptive 321
drugs or devices approved by the United States food and drug 322
administration, if the policy provides coverage for other323
prescription drugs or devices;324

        (2) Limit or exclude coverage for outpatient services325
rendered by a health care professional that are related to the326
provision of such drugs or devices, if the policy provides327
coverage for other outpatient services rendered by a health care328
professional.329

        (B) The coverage provided under division (A) of this section 330
shall be subject to the same terms and conditions, including 331
copayments and deductibles, that apply to similar coverage 332
provided under the policy.333

        (C) This section applies notwithstanding section 3901.71 of334
the Revised Code.335

       Sec. 3923.611. (A) No public employee benefit plan shall do336
either of the following:337

        (1) Limit or exclude coverage for prescription contraceptive 338
drugs or devices approved by the United States food and drug 339
administration, if the plan provides coverage for other340
prescription drugs or devices;341

        (2) Limit or exclude coverage for outpatient services342
rendered by a health care professional that are related to the343
provision of such drugs and devices, if the plan provides coverage344
for other outpatient services rendered by a health care345
professional.346

        (B) The coverage provided under division (A) of this section 347
shall be subject to the same terms and conditions, including 348
copayments and deductibles, that apply to similar coverage 349
provided under the plan.350

        (C) This section applies notwithstanding section 3901.71 of 351
the Revised Code.352

       Sec. 4729.16.  (A) The state board of pharmacy, after notice 353
and hearing in accordance with Chapter 119. of the Revised Code, 354
may revoke, suspend, limit, place on probation, or refuse to grant 355
or renew an identification card, or may impose a monetary penalty 356
or forfeiture not to exceed in severity any fine designated under 357
the Revised Code for a similar offense, or in the case of a 358
violation of a section of the Revised Code that does not bear a 359
penalty, a monetary penalty or forfeiture of not more than five 360
hundred dollars, if the board finds a pharmacist or pharmacy 361
intern:362

       (1) Guilty of a felony or gross immorality;363

       (2) Guilty of dishonesty or unprofessional conduct in the364
practice of pharmacy;365

       (3) Addicted to or abusing liquor or drugs or impaired366
physically or mentally to such a degree as to render the367
pharmacist or pharmacy intern unfit to practice pharmacy;368

       (4) Has been convicted of a misdemeanor related to, or369
committed in, the practice of pharmacy;370

       (5) Guilty of willfully violating, conspiring to violate,371
attempting to violate, or aiding and abetting the violation of any 372
of the provisions of this chapter, sections 3715.52 to 3715.72 of 373
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or 374
any rule adopted by the board under those provisions;375

       (6) Guilty of permitting anyone other than a pharmacist or376
pharmacy intern to practice pharmacy;377

       (7) Guilty of knowingly lending the pharmacist's or pharmacy378
intern's name to an illegal practitioner of pharmacy or having 379
professional connection with an illegal practitioner of pharmacy;380

       (8) Guilty of dividing or agreeing to divide remuneration381
made in the practice of pharmacy with any other individual,382
including, but not limited to, any licensed health professional 383
authorized to prescribe drugs or any owner, manager, or employee 384
of a health care facility, residential care facility, or nursing 385
home;386

       (9) Has violated the terms of a consult agreement entered 387
into pursuant to section 4729.39 of the Revised Code;388

       (10) Has committed fraud, misrepresentation, or deception in389
applying for or securing a license or identification card issued 390
by the board under this chapter or under Chapter 3715. or 3719. of 391
the Revised Code;392

       (11) Has failed to comply with the requirements of section 393
4729.43 of the Revised Code.394

       (B) Any individual whose identification card is revoked,395
suspended, or refused, shall return the identification card and396
license to the offices of the state board of pharmacy within ten 397
days after receipt of notice of such action.398

       (C) As used in this section:399

       "Unprofessional conduct in the practice of pharmacy" includes 400
any of the following:401

       (1) Advertising or displaying signs that promote dangerous402
drugs to the public in a manner that is false or misleading;403

       (2) Except as provided in section 4729.281 of the Revised 404
Code, the sale of any drug for which a prescription is required, 405
without having received a prescription for the drug;406

       (3) Knowingly dispensing medication pursuant to false or 407
forged prescriptions;408

       (4) Knowingly failing to maintain complete and accurate 409
records of all dangerous drugs received or dispensed in compliance 410
with federal laws and regulations and state laws and rules;411

       (5) Obtaining any remuneration by fraud, misrepresentation, 412
or deception.413

       (D) The board may suspend a license or identification card 414
under division (B) of section 3719.121 of the Revised Code by 415
utilizing a telephone conference call to review the allegations 416
and take a vote.417

       (E) If, pursuant to an adjudication under Chapter 119. of the 418
Revised Code, the board has reasonable cause to believe that a 419
pharmacist or pharmacy intern is physically or mentally impaired, 420
the board may require the pharmacist or pharmacy intern to submit 421
to a physical or mental examination, or both.422

       Sec. 4729.43.  (A) As used in this section:423

       (1) "Contraception" or "contraceptive" means any drug or 424
device approved by the United States food and drug administration 425
to prevent pregnancy.426

       (2) "Employee" means a person employed by a pharmacy by 427
contract or any other form of an agreement.428

       (3) "Product" means a drug or device approved by the United 429
States food and drug administration.430

       (4) "Professional judgment" means the use of professional 431
knowledge and skills to form a clinical judgment in accordance 432
with the prevailing medical standards.433

       (5) "Without delay" means a pharmacy providing, providing a 434
referral for, or ordering contraception, or transferring the 435
prescription for contraception within the usual and customary 436
timeframe at the pharmacy for providing, providing a referral for, 437
or ordering other products, or transferring the prescription for 438
other products.439

       (B) Subject to division (E) of this section, if a customer 440
requests a contraceptive that is in stock, the pharmacy shall 441
ensure that the contraceptive is provided to the customer without 442
delay.443

       (C) Subject to division (E) of this section, if a customer 444
requests a contraceptive that is not in stock and the pharmacy in 445
the normal course of business stocks contraception, the pharmacy 446
immediately shall inform the customer that the contraceptive is 447
not in stock and without delay offer the customer the following 448
options:449

       (1) If the customer prefers to obtain the contraceptive 450
through a referral or transfer, the pharmacy shall do both of the 451
following:452

       (a) Locate a pharmacy of the customer's choice or the closest 453
pharmacy confirmed to have the contraceptive in stock;454

       (b) Refer the customer or transfer the prescription to that 455
pharmacy.456

       (2) If the customer prefers to order the contraceptive 457
through the pharmacy, the pharmacy shall obtain the contraceptive 458
under the pharmacy's standard procedure for expedited ordering of 459
products and notify the customer when the contraceptive arrives.460

       (D) The pharmacy shall ensure that its employees do not do 461
any of the following:462

       (1) Intimidate, threaten, or harass customers in the delivery 463
of services relating to a request for contraception;464

       (2) Interfere with or obstruct the delivery of services 465
relating to a request for contraception;466

       (3) Intentionally misrepresent or deceive customers about the 467
availability of contraception or its mechanism of action;468

       (4) Breach medical confidentiality with respect to a request 469
for contraception or threaten to breach such confidentiality; 470

       (5) Refuse to return a valid, lawful prescription for 471
contraception on the customer's request.472

       (E) This section does not prohibit a pharmacy from refusing 473
to provide a contraceptive to a customer in any of the following 474
circumstances:475

       (1) It is unlawful to dispense the contraceptive to the 476
customer without a valid, lawful prescription and no such 477
prescription is presented.478

       (2) The customer is unable to pay for the contraceptive.479

       (3) The employee of the pharmacy refuses to provide the 480
contraceptive on the basis of a professional judgment.481

       Sec. 4729.45.  (A) Any person who believes that a violation 482
of section 4729.43 of the Revised Code has occurred may file a 483
complaint with the state board of pharmacy. Not later than thirty 484
days after receiving the complaint, the board shall investigate 485
the complaint and determine whether a violation occurred. If the 486
board determines a violation occurred, the board shall impose a 487
fine of not more than five thousand dollars for each violation.488

       (B) A person who has been injured by a violation of section 489
4729.43 of the Revised Code may bring a civil action in a court of 490
competent jurisdiction to recover damages for the person's injury, 491
as well as costs and reasonable attorney's fees.492

       (C) If the attorney general has cause to believe that a 493
person or group of persons has been or may be injured by a 494
violation of section 4729.43 of the Revised Code, the attorney 495
general may commence a civil action in a court of competent 496
jurisdiction to compel compliance with that section. In such 497
action, the court may award appropriate relief on a finding that a 498
violation or violations have occurred, including compensatory 499
damages and punitive damages not exceeding five thousand dollars 500
for each violation.501

       Section 2. That existing sections 2907.29, 3313.6011, and 502
4729.16 and section 3701.046 of the Revised Code are hereby 503
repealed.504

       Section 3. That Section 206.42.03 of Am. Sub. H.B. 66 of the 505
126th General Assembly be amended to read as follows:506

       Sec. 206.42.03. CHILD AND FAMILY HEALTH SERVICES507

       Of the foregoing appropriation item 440-416, Child and Family508
Health Services, not more than $1,700,000 in each fiscal year 509
shall be used for women's health servicesfamily planning 510
services. None of the funds received through these family planning 511
grants shall be used to provide abortion services. None of the 512
funds received through these family planning grants shall be used 513
for counseling for or referrals for abortion, except in the case 514
of a medical emergency. These funds shall be distributed on the 515
basis of the relative need in the community served by the Director 516
of Health to family planning programs, which shall include family 517
planning programs funded under Title V of the "Social Security 518
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and Title X 519
of the "Public Health Services Act," 58 Stat. 682 (1946), 42 520
U.S.C. 201, as amended, as well as to other family planning 521
programs that the Department of Health also determines will 522
provide services that do not include referrals for abortion, other 523
than in the case of medical emergency, with state moneys, but that 524
otherwise substantially comply with the quality standards for such 525
programs under Title V and Title X.526

       The Director of Health, by rule, shall provide reasonable 527
methods by which a grantee wishing to be eligible for federal 528
funding may comply with these requirements for state funding 529
without losing its eligibility for federal funding.530

       Of the foregoing appropriation item 440-416, Child and Family531
Health Services, not more than $270,000 shall be used in each 532
fiscal year for the OPTIONS dental care access program.533

       Of the foregoing appropriation item 440-416, Child and Family534
Health Services, not more than $900,000 in each fiscal year shall 535
be used by federally qualified health centers and federally 536
designated look-alikes to provide services to uninsured low-income 537
persons.538

       Of the foregoing appropriation item 440-416, Child and Family 539
Health Services, not more than $500,000 in each fiscal year shall 540
be used for abstinence-only education. The Director of Health 541
shall develop guidelines for the establishment of abstinence 542
programs for teenagers with the purpose of decreasing unplanned 543
pregnancies and abortion. The guidelines shall be developed 544
pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, 545
and shall include, but are not limited to, advertising campaigns 546
and direct training in schools and other locations. In the future, 547
Ohio shall opt-out of federal Title V money until questions raised 548
about its use in Ohio regarding the program's inefficacy, medical 549
inaccuracies, lack of evaluation, and lack of qualified teachers 550
are answered.551

       Agencies currently designated to receive the funding must 552
complete a programmatic evaluation focused on outcomes, conducted 553
by qualified independent evaluation teams to be determined by the 554
Department. Ten per cent of Title V moneys distributed shall be 555
used for purposes of such evaluation.556

       Of the foregoing appropriation item 440-416, Child and Family 557
Health Services, $10,000 in each fiscal year shall be allocated to 558
the Jewish Family Services in Cleveland, $10,000 in each fiscal 559
year shall be allocated to the Jewish Family Services in 560
Cincinnati, $10,000 shall be allocated in each fiscal year to the 561
Jewish Family Services in Columbus, and $10,000 in each fiscal 562
year shall be allocated to the Wexner Heritage Village in Columbus 563
for interpreters for health care.564

       Of the foregoing appropriation item 440-416, Child and Family 565
Health Services, $10,000 in each fiscal year shall be provided to 566
the Jewish Family Services in Dayton, $5,000 in each fiscal year 567
shall be provided to the Jewish Community Center in Akron, $5,000 568
in each fiscal year shall be provided to the Jewish Community 569
Center in Sylvania, $2,500 in each fiscal year shall be provided 570
to the Jewish Community Center in Youngstown, and $2,500 in each 571
fiscal year shall be provided to the Jewish Community Center in 572
Canton.573

       Of the foregoing appropriation item 440-416, Child and Family 574
Health Services, $450,000 in each fiscal year shall be allocated 575
to the Visiting Nurse Association.576

       Of the foregoing appropriation item 440-416, Child and Family 577
Health Services, $16,667 in each fiscal year shall be allocated to 578
the Yassenoff Jewish Community Center, $16,667 in each fiscal year 579
shall be allocated to the Jewish Community Center in Cincinnati, 580
and $16,666 in each fiscal year shall be allocated to the Jewish 581
Community Center in Cleveland for children's health and nutrition 582
camp programs.583

       Of the foregoing appropriation item 440-416, Child and Family 584
Health Services, $25,000 in each fiscal year shall be allocated to 585
Clermont County's Comprehensive Community Suicide Prevention 586
Program.587

       Of the foregoing appropriation item 440-416, Child and Family 588
Health Services, $100,000 in fiscal year 2006 shall be allocated 589
to People Working Cooperatively in Cincinnati.590

       Of the foregoing appropriation item 440-416, Child and Family 591
Health Services, $50,000 in each fiscal year shall be allocated to 592
the Mayerson Inclusion Project.593

       Section 4. That existing Section 206.42.03 of Am. Sub. H.B. 594
66 of the 126th General Assembly is hereby repealed.595

       Section 5. That Section 206.42.09 of Am. Sub. H.B. 66 of the 596
126th General Assembly, as amended by Am. Sub. H.B. 530 of the 597
126th General Assembly, be amended to read as follows:598

       Sec. 206.42.09. IMMUNIZATIONS599

       Of the foregoing appropriation item 440-418, Immunizations, 600
$800,000 in fiscal year 2007 shall be used for the purchase of 601
varicella vaccines.602

       FREE CLINIC LIABILITY INSURANCE603

        Of the foregoing appropriation item 440-431, Free Clinic 604
Liability Insurance, up to $20,000 in each fiscal year may be used 605
by the Department of Health for administrative expenses related to 606
the Medical Liability Insurance Reimbursement Program. The 607
remainder in each fiscal year shall be used to pay for medical 608
liability insurance for free clinics, including the clinics' staff 609
and volunteer health care professionals and volunteer health care 610
workers. The necessity and feasibility of the program shall be 611
reviewed as part of the next biennial budget.612

       HIV/AIDS PREVENTION/TREATMENT613

       Of the foregoing appropriation item 440-444, AIDS Prevention614
and Treatment, not more than $6.7 million per fiscal year shall be 615
used to assist persons with HIV/AIDS in acquiring HIV-related 616
medications.617

       INFECTIOUS DISEASE PREVENTION618

       The foregoing appropriation item 440-446, Infectious Disease 619
Prevention, shall be used for the purchase of drugs for sexually 620
transmitted diseases.621

       HELP ME GROW622

       The foregoing appropriation item 440-459, Help Me Grow, shall623
be used by the Department of Health to distribute subsidies to624
counties to implement the Help Me Grow Program. Appropriation item 625
440-459, Help Me Grow, may be used in conjunction with Temporary 626
Assistance for Needy Families from the Department of Job and 627
Family Services, Early Intervention funding from the Department of 628
Mental Retardation and Developmental Disabilities, and in 629
conjunction with other early childhood funds and services to 630
promote the optimal development of young children. Local contracts 631
shall be developed between local departments of job and family 632
services and family and children first councils for the633
administration of TANF funding for the Help Me Grow Program. The634
Department of Health shall enter into an interagency agreement635
with the Department of Education, Department of Mental Retardation 636
and Developmental Disabilities, Department of Job and Family 637
Services, and Department of Mental Health to ensure that all early 638
childhood programs and initiatives are coordinated and school 639
linked.640

       TARGETED HEALTH CARE SERVICES OVER 21641

       In each fiscal year, of the foregoing appropriation item 642
440-507, Targeted Health Care Services Over 21, $731,023 shall be 643
used to administer the cystic fibrosis program and implement the 644
Hemophilia Insurance Premium Payment Program.645

       Of the foregoing appropriation item 440-507, Targeted Health 646
Care Services Over 21, $850,000 in fiscal year 2006 and $950,000 647
in fiscal year 2007 shall be used to provide essential medications 648
and to pay the copayments for drugs approved by the Department of 649
Health and covered by Medicare Part D that are dispensed to Bureau 650
for Children with Medical Handicaps (BCMH) participants, in 651
accordance with the section of this actAm. Sub. H.B. 530 of the 652
126th General Assembly entitled "BCMH - MEDICARE PART D 653
COPAYMENTS" for the cystic fibrosis program.654

       MATERNAL CHILD HEALTH BLOCK GRANT655

       Of the foregoing appropriation item 440-601, Maternal Child656
Health Block Grant (Fund 320), $2,091,299 shall be used in each657
fiscal year 2006 for the purposes of abstinence-only education. 658
The Director of Health shall develop guidelines for the 659
establishment of abstinence programs for teenagers with the 660
purpose of decreasing unplanned pregnancies and abortion. The 661
guidelines shall be developed under Title V of the "Social 662
Security Act," 42 U.S.C. 510, and shall include, but are not 663
limited to, advertising campaigns and direct training in schools 664
and other locations. In the future, Ohio shall opt-out of federal 665
Title V money until questions raised about its use in Ohio 666
regarding the program's inefficacy, medical inaccuracies, lack of 667
evaluation, and lack of qualified teachers are answered.668

       Agencies currently designated to receive the funding must 669
complete a programmatic evaluation focused on outcomes, conducted 670
by qualified independent evaluation teams to be determined by the 671
Department. Ten per cent of Title V moneys distributed shall be 672
used for purposes of such evaluation.673

       GENETICS SERVICES674

       The foregoing appropriation item 440-608, Genetics Services675
(Fund 4D6), shall be used by the Department of Health to676
administer programs authorized by sections 3701.501 and 3701.502677
of the Revised Code. None of these funds shall be used to counsel678
or refer for abortion, except in the case of a medical emergency.679

       SAFETY AND QUALITY OF CARE STANDARDS680

       The Department of Health may use Fund 471, Certificate of681
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of682
the Revised Code in each fiscal year.683

       MEDICALLY HANDICAPPED CHILDREN AUDIT684

       The Medically Handicapped Children Audit Fund (Fund 477)685
shall receive revenue from audits of hospitals and recoveries from686
third-party payers. Moneys may be expended for payment of audit687
settlements and for costs directly related to obtaining recoveries688
from third-party payers and for encouraging Medically Handicapped689
Children's Program recipients to apply for third-party benefits.690
Moneys also may be expended for payments for diagnostic and691
treatment services on behalf of medically handicapped children, as692
defined in division (A) of section 3701.022 of the Revised Code,693
and Ohio residents who are twenty-one or more years of age and who694
are suffering from cystic fibrosis or hemophilia. Moneys may also 695
be expended for administrative expenses incurred in operating the 696
Medically Handicapped Children's Program.697

       CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND698
PERMIT FUND699

       The Director of Budget and Management, pursuant to a plan700
submitted by the Department of Health, or as otherwise determined701
by the Director of Budget and Management, shall set a schedule to702
transfer cash from the Liquor Control Fund (Fund 043) to the703
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating704
needs of the Alcohol Testing and Permit program.705

       The Director of Budget and Management shall transfer to the706
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control707
Fund (Fund 043) created in section 4301.12 of the Revised Code708
such amounts at such times as determined by the transfer schedule.709

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS710

       The foregoing appropriation item 440-607, Medically711
Handicapped Children - County Assessments (Fund 666), shall be712
used to make payments under division (E) of section 3701.023 of 713
the Revised Code.714

       Section 6. That existing Section 206.42.09 of Am. Sub. H.B. 715
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 716
of the 126th General Assembly, is hereby repealed.717

       Section 7. That Section 206.42.06 of Am. Sub. H.B. 66 of the 718
126th General Assembly is hereby repealed.719

       Section 8. Section 1751.661 of the Revised Code shall apply720
only to policies, contracts, and agreements that are delivered,721
issued for delivery, or renewed in this state on or after the722
effective date of this act; section 3923.602 of the Revised Code723
shall apply to policies of sickness and accident insurance on or724
after the effective date of this act in accordance with section725
3923.01 of the Revised Code; and section 3923.611 of the Revised726
Code shall apply only to plans that are established or modified in727
this state on or after the effective date of this act.728