130th Ohio General Assembly
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H. B. No. 480  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 480


Representatives Driehaus, Ramos 

Cosponsors: Representatives Murray, Hagan, R., Antonio, Patmon, Garland, Gerberry, Letson, Yuko, Foley, Reece, Phillips, Fende 



A BILL
To amend sections 3701.132 and 3701.83 and to enact sections 329.044, 3701.66, and 3701.67 of the Revised Code regarding the possible hazards of fetal exposure to the chemical bisphenol-A (BPA).

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 3701.132 and 3701.83 be amended and sections 329.044, 3701.66, and 3701.67 of the Revised Code be enacted to read as follows:
Sec. 329.044. As used in this section, "public assistance recipient" means an individual who is receiving cash assistance or services under any of the following programs: medicaid; Ohio works first; prevention, retention, and contingency; and supplemental nutrition assistance.
A county department of job and family services shall provide to each public assistance recipient who is pregnant or believes she may be pregnant a copy of the publications on fetal exposure to the chemical bisphenol-A (BPA) made available by the department of health under section 3701.67 of the Revised Code. The county department shall provide the copy of the publications regarding BPA as early in the public assistance recipient's pregnancy as possible.
Sec. 3701.132.  The department of health is hereby designated as the state agency to administer the "special supplemental nutrition program for women, infants, and children" (WIC) established under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended. The public health council may adopt rules pursuant to Chapter 119. of the Revised Code as necessary for administering the program. The rules may include civil money penalties for violations of the rules.
In determining eligibility for services provided under the program, the department may use the application form established under section 5111.013 of the Revised Code for the healthy start program. The department may require applicants to furnish their social security numbers.
The department shall require each agency it authorizes to serve as a WIC clinic to provide to each WIC recipient who is pregnant or believes she may be pregnant a copy of the publications on fetal exposure to the chemical bisphenol-A (BPA) made available by the department under section 3701.67 of the Revised Code. The department shall require the WIC clinic to provide the copy of the publications regarding BPA as early in the WIC recipient's pregnancy as possible.
If the department determines that a vendor has committed an act with respect to the program that federal statutes or regulations or state statutes or rules prohibit, the department shall take action against the vendor in the manner required by 7 C.F.R. part 246, including imposition of a civil money penalty in accordance with 7 C.F.R. 246.12, or rules adopted under this section.
Sec. 3701.66. (A) No person shall sell or offer for sale any of the following that contains the chemical bisphenol-A (BPA): baby bottles, pacifiers, and drinking glasses or cups intended for use by children younger than five years of age.
(B) If the director of health determines that any person has violated division (A) of this section, the director shall impose a fine of five thousand dollars on the violator for a first offense. The fine for each subsequent offense shall be increased by fifty per cent of the fine imposed for the immediately preceding offense.
(C) On the request of the director, the attorney general shall bring and prosecute to judgment a civil action to collect any fine imposed under division (B) of this section that remains unpaid.
(D) All fines collected under this section shall be deposited into the state treasury to the credit of the general operations fund created under section 3701.83 of the Revised Code. The fines shall be used for purposes of section 3701.67 of the Revised Code, except that if the fines exceed the amounts needed for purposes of that section, the surplus may be used for other purposes of the department of health.
Sec. 3701.67. (A) As used in this section:
(1) "Health care professional" means all of the following:
(a) A person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(b) A person authorized under Chapter 4730. of the Revised Code to practice as a physician assistant;
(c) A person authorized under Chapter 4723. of the Revised Code to practice as a registered nurse, including as a certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner;
(d) A person authorized under Chapter 4723. of the Revised Code to provide services as a certified community health worker;
(e) A person authorized under Chapter 4757. of the Revised Code to practice as an independent social worker, social worker, professional clinical counselor, professional counselor, independent marriage and family therapist, or marriage and family therapist;
(f) A person authorized under Chapter 4732. of the Revised Code to practice as a psychologist or school psychologist;
(g) A person authorized under Chapter 3319. of the Revised Code to practice as a school psychologist;
(h) Any other person authorized under the Revised Code to engage in the practice of a health care profession considered by the department of health to be a profession that has substantial contact with patients or clients who are pregnant.
(2) "Health care provider" means all of the following:
(a) A health care professional;
(b) A health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code;
(c) A health center operated by a school that provides services to students of childbearing age;
(d) A clinic or any other facility where prenatal care is provided.
(B) The department of health, on its internet web site, shall make available publications that contain standardized, objective information about the possible health effects and other hazards of fetal exposure to the chemical bisphenol-A (BPA). The department shall make the publications available in a format that is suitable for both printing and downloading by health care providers and any other person seeking information about BPA.
(C) The department shall encourage health care providers to distribute either printed or electronic copies of the publications described in division (B) of this section to all of their patients or clients who are pregnant. In doing so, the department shall recommend that the publications be distributed to each patient or client as early in the pregnancy as possible.
Sec. 3701.83.  (A) There is hereby created in the state treasury the general operations fund. Moneys in the fund shall be used for the purposes specified in sections 3701.04, 3701.344, 3701.66, 3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022, 3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the Revised Code.
(B) The alcohol testing program fund is hereby created in the state treasury. The director of health shall use the fund to administer and enforce the alcohol testing and permit program authorized by section 3701.143 of the Revised Code.
The fund shall receive transfers from the liquor control fund created under section 4301.12 of the Revised Code. All investment earnings of the alcohol testing program fund shall be credited to the fund.
Section 2. That existing sections 3701.132 and 3701.83 of the Revised Code are hereby repealed.
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