reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3738 | Pregnancy-Associated Mortality Review Board › Section 3738.06 | Confidentiality.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Any record, document, report, or other information presented to the PAMR board, as well as all statements made by board members during board meetings, all work products of the board, and data submitted to the department of health by the board, other than the biennial reports described in section 3738.08 of the Revised Code, are confidential and not a public record under section 149.43 of the Revised Code. Such materials shall be used by the board and department only in the exercise of the proper functions of the board and department.
(B) No person shall permit or encourage the unauthorized dissemination of confidential information described in division (A) of this section.
(C) Whoever violates division (B) of this section is guilty of a misdemeanor of the second degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3738 | Pregnancy-Associated Mortality Review Board › Section 3738.07 | Immunity From Civil Liability.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An individual or public or private entity providing records, documents, reports, or other information to the PAMR board is immune from any civil liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of providing the records, documents, reports, or information to the board.
(B) Each board member is immune from any civil liability for injury, death, or loss to person or property that might otherwise be incurred or imposed as a result of the member's participation on the board.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3738 | Pregnancy-Associated Mortality Review Board › Section 3738.08 | Reports.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The PAMR board shall prepare a biennial report that does all of the following:
(1) Summarizes the board's findings from the reviews completed in the immediately preceding two calendar years, including any trends or patterns identified by the board;
(2) Makes recommendations on how pregnancy-associated deaths may be prevented, including changes that should be made to policies and laws;
(3) Includes any other information related to pregnancy-associated mortality the board considers useful.
(B) A report shall not contain individually identifiable information regarding any woman whose death was reviewed by the board.
(C) The board shall submit a copy of each report to the director of health, the general assembly, and the governor. The copy to the general assembly shall be submitted in accordance with section 101.68 of the Revised Code. The initial report shall be submitted not later than March 1, 2020, with subsequent reports submitted not later than March 1 every two years thereafter.
The director shall make a copy of each report available on the department of health's web site.
(D) Reports prepared under this section are public records under section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3738 | Pregnancy-Associated Mortality Review Board › Section 3738.09 | Rulemaking Authority.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The director of health shall adopt rules that are necessary for the implementation of sections 3738.01 to 3738.08 of the Revised Code, including rules that do all of the following:
(A) Establish a procedure for the PAMR board to follow in conducting pregnancy-associated death reviews;
(B) Specify the data and other relevant information the board must use when conducting pregnancy-associated death reviews;
(C) Establish guidelines for the board to follow to prevent an unauthorized dissemination of confidential information in violation of division (B) of section 3738.06 of the Revised Code.
The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.02 | Cigarette Presale Testing Requirements.

Effective:
May 1, 2010
Latest Legislation:
House Bill 500 - 127th General Assembly
Except as otherwise permitted in section 3739.12 of the Revised Code, no person shall sell or offer to sell cigarettes in this state or sell or offer to sell cigarettes to persons located in this state unless all of the following requirements are met:
(A) The manufacturer of the cigarettes has the cigarettes tested in accordance with the testing method specified in section 3739.03 of the Revised Code or the testing method approved by the state fire marshal under section 3739.04 of the Revised Code.
(B) The cigarettes meet the performance standard specified under division (B) of section 3739.03 of the Revised Code or the performance standard approved by the state fire marshal under section 3739.04 of the Revised Code.
(C) The manufacturer has marked the packaging of the cigarettes as required in section 3739.06 of the Revised Code.
(D) The manufacturer files a written certification with the state fire marshal as required under section 3739.07 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.03 | Laboratory Ignition Propensity Testing.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) A manufacturer shall have a laboratory conduct the testing required under division (B) of this section. The laboratory that the manufacturer uses for the testing shall be accredited pursuant to the international organization for standardization and international electrotechnical commission standard 17025 of the international organization for standardization, or another comparable accreditation standard required by the state fire marshal. The laboratory shall implement a quality control and quality assurance program and shall use that program when conducting the testing required under division (B) of this section.
(B) A manufacturer shall have the laboratory described in division (A) of this section test the manufacturer's cigarettes in accordance with all of the following requirements:
(1) The laboratory shall test the cigarettes in accordance with the American society of testing and materials standard E2187-04, titled "standard test method for measuring ignition strength of cigarettes" or any subsequent standard adopted by the state fire marshal in accordance with division (E) of this section.
(2) The laboratory shall test the cigarettes on ten layers of filter paper.
(3) Not more than twenty-five per cent of the cigarettes tested in a test trial shall exhibit full-length burns.
(C) The performance standard required under division (B)(3) of this section shall apply only to a complete test trial. For purposes of this division and division (B)(3) of this section, "test trial" means forty replicate tests for each type of cigarette tested.
(D) The requirements described in division (B) of this section shall not be construed to require additional cigarette testing if a manufacturer tests cigarettes in accordance with the requirements listed in that division for any other purposes other than the purposes specified in that division.
(E) The state fire marshal may adopt any American society of testing and materials standard used to measure the ignition strength of cigarettes that takes effect after the effective date of this section if the state fire marshal determines that that subsequent standard does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested using the American society of testing and materials standard E2187-04 referenced in division (B)(1) of this section and the performance standard specified in division (B)(3) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.04 | Approval of Alternative Test Method.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) If a manufacturer manufactures a cigarette that the state fire marshal determines cannot be tested in accordance with division (B) of section 3739.03 of the Revised Code, the state fire marshal shall require the manufacturer to propose and submit a test method and performance standard for the cigarette to the state fire marshal for approval. If the state fire marshal determines that the test method and performance standard proposed by the manufacturer are equivalent to the test method and performance standard prescribed in division (B) of section 3739.03 of the Revised Code, the state fire marshal shall approve the proposed test method and performance standard, and the manufacturer may use that test method and performance standard to certify the cigarettes pursuant to section 3739.07 of the Revised Code.
(B) If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those specified in section 3739.03 of the Revised Code and that the officials responsible for implementing those standards have determined that the alternative test method and performance standard for a particular cigarette proposed by the manufacturer under division (A) of this section satisfies the standards for that state's law or regulation under a statute or regulation that is comparable to this section, the state fire marshal shall authorize the manufacturer to use that alternative test method and performance standard to certify the manufacturer's cigarettes for sale in this state. The state fire marshal is not required to approve an alternative test method and performance standard approved in another state if the state fire marshal demonstrates a reasonable basis for why that alternative test method and performance standard should not be approved under this section.
All other applicable requirements of this chapter apply to a manufacturer authorized to use an alternative test method and performance standard under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.05 | Manufacturer to Retain Copies of Test Reports.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale in this state for a period of three years after a test is concluded, and shall make copies of these reports available to the state fire marshal and the attorney general upon receipt of a written request from the state fire marshal or attorney general.
(B) No manufacturer shall fail to make these copies available to the state fire marshal or attorney general within sixty days after receiving such a request from the state fire marshal or the attorney general.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.06 | Mark of Compliance on Cigarette Package.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) A manufacturer, shall place a marking on each package of cigarettes that is certified under section 3739.07 of the Revised Code. The marking shall be in eight-point type or larger, permanently printed, stamped, engraved, or embossed upon the cigarette package or cellophane wrap at or near the UPC code on the package, and consist of only the letters "FSC" that shall signify "fire standards compliant."
(B) A manufacturer shall include the approved mark on each package of cigarettes that is certified under section 3739.07 of the Revised Code to indicate compliance with the requirements of this chapter. A manufacturer shall use such marking for all of the cigarettes the manufacturer sells and shall apply the marking uniformly to all packages, including, but not limited to, packs, cartons, cases, and brands sold by that manufacturer.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.07 | Manufacturer's Certification of Compliance.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) Each manufacturer shall submit to the state fire marshal a written certification that each type of cigarette listed in the certification has been tested in accordance with division (B) of section 3739.03 or section 3739.04 of the Revised Code and each type of cigarette listed in the certification meets the performance standard set forth in division (B) of section 3739.03 of the Revised Code or approved under section 3739.04 of the Revised Code.
(B) A manufacturer shall include in the written certification the manufacturer submits under division (A) of this section all of the following information for each type of cigarette listed in the certification:
(1) The brand or trade name on the cigarette package;
(2) The style of cigarette;
(3) The length of the cigarette in millimeters;
(4) The circumference of the cigarette in millimeters;
(5) The flavor of the cigarette, if applicable;
(6) Whether the cigarette is filter or nonfilter;
(7) A description of the package;
(8) The marking the manufacturer uses that the state fire marshal approved in accordance with section 3739.06 of the Revised Code;
(9) The name, address, and telephone number of the laboratory, if different than the manufacturer, that conducted the test of the cigarette;
(10) The date that the testing of the cigarette occurred.
(C) A manufacturer shall make the written certification required under division (A) of this section available to the attorney general and the tax commissioner for the purposes of ensuring compliance with this chapter.
(D) No manufacturer shall submit a false certification to the state fire marshal.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.08 | Bands Indicating Lower Paper Permeability.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
Each cigarette a manufacturer lists in a certification submitted pursuant to section 3739.07 of the Revised Code for which the manufacturer uses lowered permeability bands in the cigarette paper to comply with the testing requirements described in division (B) of section 3739.03 of the Revised Code shall have either of the following bands surrounding the tobacco column:
(A) For cigarettes on which bands are not positioned by design, at least two nominally identical bands, one of which shall be located at least fifteen millimeters from the lighting end of the cigarette;
(B) For cigarettes on which bands are positioned by design, at least two bands, one of which is located at least fifteen millimeters from the lighting end of the cigarette and the other of which is located in either of following places:
(1) For filtered cigarettes, ten millimeters from the filter end of the tobacco column;
(2) For nonfiltered cigarettes, ten millimeters from the labeled end of the tobacco column.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.09 | Triannual Cigarette Recertification.

Effective:
May 1, 2010
Latest Legislation:
House Bill 500 - 127th General Assembly
A manufacturer shall recertify each cigarette the manufacturer certifies pursuant to section 3739.07 of the Revised Code every three years. A manufacturer that certifies a cigarette in accordance with that section and that subsequently makes any change to that cigarette that alters the cigarette in such a way that the manufacturer knows that the cigarette is likely to no longer meet the standard specified in section 3739.03 of the Revised Code or the standard approved under section 3739.04 of the Revised Code shall not sell or offer to sell that cigarette in this state until the manufacturer retests the cigarette in accordance with the testing standards specified in section 3739.03 of the Revised Code or approved under section 3739.04 of the Revised Code. The manufacturer shall maintain records of that retesting in the same manner as the manufacturer maintains records under section 3739.05 of the Revised Code. A manufacturer shall not sell in this state any altered cigarette that does not meet either the performance standard set forth in division (B)(3) of section 3739.03 of the Revised Code or the performance standard approved under section 3739.04 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.10 | Copy of Certification Provided to Dealers.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
A manufacturer that certifies its cigarettes in accordance with section 3739.07 of the Revised Code shall provide a copy of the certifications to each wholesale dealer and agent to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to section 3739.06 of the Revised Code for each retail dealer to which the wholesale dealer or agent sells cigarettes. Each wholesale dealer and agent who receives a copy of a manufacturer's certification and copies of the manufacturer's illustration shall provide to each retail dealer to which the wholesale dealer and agent sell the manufacturer's cigarettes a copy of the illustration provided to the wholesale dealer or agent by the manufacturer. A wholesale dealer, agent, or retail dealer shall allow the state fire marshal, the tax commissioner, and the attorney general to inspect the markings of cigarette packaging marked in accordance with section 3739.06 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.12 | Exemption for Out-of-State Stamping or Packaging.

Effective:
May 1, 2010
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements specified in this chapter if the cigarette's packaging is or will be stamped for sale in another state or is packaged for sale outside of the United States, and that person or entity has taken reasonable steps to ensure that those cigarettes will not be sold or offered for sale to persons located in this state.
(B) The requirements of sections 3739.02 to 3739.10 of the Revised Code shall not prohibit a wholesale dealer or retail dealer of cigarettes from selling the dealer's inventory of cigarettes in existence on or after the effective date of this section if the dealer establishes both of the following:
(1) That the state tax stamps were affixed to the cigarettes prior to the effective date of this section;
(2) That the inventory that was purchased prior to the effective date of this section is comparable in quantity to the inventory purchased during the same period of the prior year.
(C) Nothing in this chapter shall be construed to prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this division, "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.13 | Rules for Administration of Chapter.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
The implementation and substance of the New York fire safety standards for cigarettes shall be persuasive authority in implementing this chapter. The state fire marshal and attorney general may adopt rules, pursuant to Chapter 119. of the Revised Code, as necessary to administer this chapter. The tax commissioner may adopt rules, pursuant to division (M) of section 5703.05 of the Revised Code and section 5703.14 of the Revised Code, as necessary to enforce this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.14 | Evaluation of Chapter Effectiveness.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
The state fire marshal shall periodically evaluate the effectiveness of this chapter. The state fire marshal shall submit a report that consists of the state fire marshal's findings to the general assembly on the first day of the forty-ninth month after the effective date of this section, and every three years after that date.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.15 | Conflicting Local Laws Preempted.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
Notwithstanding any provision of law to the contrary, no political subdivision of this state may enact or enforce any ordinance or other local law or regulation that conflicts with or preempts this chapter or any policy of this state expressed in this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.16 | Preemption of Chapter by Federal Standards.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
No person is required to comply with this chapter or the rules adopted pursuant to it if a federal reduced cigarette ignition propensity standard that preempts this chapter or rules adopted under it is adopted and becomes effective.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.17 | Immunity for Acts in Compliance With Chapter.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
In addition to any other immunities, defenses, and exclusions provided under the Revised Code, the state, the department of taxation, the department of commerce, the division of the fire marshal within the department of commerce, and any employees of the state, either department, or the division, are immune from liability in any civil action or proceeding arising from the performance or nonperformance of any duties specified in this chapter that the state, either department, the division, or any employees of the state, either department, or division are required to perform. In no event shall the state, either department, division, or any employees of the state, either department, or division be liable to any person for any claims for injury or damages, including, but not limited to, claims for indirect, consequential, incidental, special, or punitive damages or claims for lost profits, arising from the performance or nonperformance of the duties specified in this chapter that the state, either department, division, or employees of the state, either department, or division are required to perform.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.18 | Manufacturer's Certification Fee - Enforcement and Prevention Funds.

Effective:
April 7, 2009
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) A manufacturer shall pay the state fire marshal a fee of one thousand dollars or an adjusted fee pursuant to division (B) of this section for each type of brand family included in a certification required under division (A) of section 3739.07 of the Revised Code. The fee for each type of brand family includes any new cigarette certified under this chapter within that brand family during the three-year certification period described in section 3739.09 of the Revised Code.
(B) The state fire marshal may adjust the fee described in division (A) of this section annually to ensure the fee is sufficient to defray the actual costs of processing, testing, enforcing, and overseeing the activities required under this chapter. The fee as adjusted by the state fire marshal pursuant to this division shall not exceed two thousand five hundred dollars for each type of brand family.
(C) There is hereby created in the state treasury the reduced cigarette ignition propensity and firefighter protection act enforcement fund. The fund shall consist of all certification fees submitted by manufacturers and any other moneys made available to the state fire marshal specifically to support processing certifications, testing, enforcing, and overseeing activities conducted pursuant to this chapter. The state fire marshal shall use the fund only for the activities specified in this division.
(D) There is hereby created in the state treasury the fire prevention and public safety fund. Moneys collected from penalties assessed under divisions (B) to (E) of section 3739.99 of the Revised Code shall be deposited into the fund. The state fire marshal shall use this fund to support fire safety and prevention programs. If the department of taxation has expenses for the storage or destruction of cigarettes as required by this chapter, the state fire marshall also may use the fund to compensate the department of taxation for those expenses.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3739 | Reduced Ignition Propensity Standards for Cigarettes › Section 3739.99 | Civil Penalties for Violation of Chapter.

Effective:
May 1, 2010
Latest Legislation:
House Bill 500 - 127th General Assembly
(A) A manufacturer who violates division (B) of section 3739.05 of the Revised Code shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer fails to comply with that division.
(B) A manufacturer, wholesale dealer, agent, or any other person other than a retail dealer who knowingly sells or offers to sell cigarettes in violation of section 3739.02 of the Revised Code is liable for a civil penalty not to exceed one hundred dollars per each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period.
(C) A retail dealer who knowingly violates section 3739.02 of the Revised Code is liable for a civil penalty not to exceed one hundred dollars per each pack of cigarettes sold or offered for sale, provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period.
(D) A manufacturer that is a corporation, partnership, sole proprietorship, limited partnership, or association who knowingly violates division (D) of section 3739.07 of the Revised Code is liable for a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each such violation, in addition to any other penalty prescribed by law.
(E) Any person who violates any provision of this chapter other than section 3739.02, division (B) of section 3739.05, and division (D) of section 3739.07 of the Revised Code, for a first offense is liable for a civil penalty not to exceed one thousand dollars for each violation and for a subsequent offense is liable for a civil penalty not to exceed five thousand dollars for each violation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.02 | License Requirements.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Beginning one year after the effective date of this section :
(A)(1) No home health agency shall do either of the following unless the agency holds a current, valid license to provide skilled home health services issued under this chapter:
(a) Provide skilled home health services through one or more employees;
(b) Hold the agency, or any employee of the agency, out as a provider of skilled home health services.
(2) No home health agency shall do either of the following unless the agency holds either a current, valid license to provide nonmedical home health services, or a current, valid license to provide skilled home health services, issued under this chapter:
(a) Provide nonmedical home health services through one or more employees;
(b) Hold the agency, or any employee of the agency, out as a provider of nonmedical home health services.
(B)(1) No nonagency provider shall do either of the following unless the provider holds a current, valid license to provide skilled home health services issued under this chapter:
(a) Provide skilled home health services;
(b) Hold oneself out as a provider of skilled home health services.
(2) No nonagency provider shall do either of the following unless the provider holds either a current, valid license to provide nonmedical home health services, or a current, valid license to provide skilled home health services, issued under this chapter:
(a) Provide nonmedical home health services;
(b) Hold oneself out as a provider of nonmedical home health services.
Last updated October 19, 2021 at 5:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.04 | Issuance of Licenses.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The department of health shall review each license application received under section 3740.03 of the Revised Code. The department's review of the application shall include a site visit for each applicant seeking a license on the basis of division (A)(1)(a)(i) of section 3740.03 of the Revised Code to verify that medicare conditions of participation are met, unless the applicant has already had such a site visit within the five-year period immediately preceding the date of the application.
Except as provided in section 3740.07 of the Revised Code, the department shall issue the appropriate license to an applicant if the applicant has paid the application fee and demonstrated to the department's satisfaction that the requirements established under section 3740.03 of the Revised Code are met.
Last updated October 19, 2021 at 5:39 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.05 | Validity, Renewal of Licenses.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Except as provided in section 3740.07 of the Revised Code and in division (B) of this section, a license issued under section 3740.04 of the Revised Code is valid for three years. A person seeking to renew the license shall apply to the department of health using a license renewal form prescribed by rules adopted under section 3740.10 of the Revised Code and comply with any renewal application procedures established by those rules. The department shall review each application for license renewal and shall renew the license for three years if the applicant has paid the renewal fee of two hundred fifty dollars and demonstrated to the department's satisfaction that the applicant continues to meet the requirements established in section 3740.03 of the Revised Code.
(B) The department may adjust an initial license renewal date to align renewal of a license issued under this chapter with the renewal of a certification or accreditation identified in divisions (A)(1)(a)(i) to (iii) of section 3740.03 of the Revised Code.
Last updated October 19, 2021 at 5:40 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.07 | Enforcement.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) For any of the reasons established in rules adopted under section 3740.10 of the Revised Code, the department of health may take one or more of the following actions, as applicable, with respect to an applicant for or the holder of a license under this chapter:
(1) Refuse to issue a license;
(2) Refuse to renew or reinstate the holder's license;
(3) Impose limitations on the holder's license;
(4) Revoke or suspend the holder's license;
(5) Place the license holder on probation with regard to the holder's license or otherwise reprimand the license holder.
(B) All actions taken under this section shall be taken in accordance with Chapter 119. of the Revised Code.
Last updated October 19, 2021 at 5:42 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.10 | Rules.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The director of health shall adopt rules as the director considers necessary to implement this chapter, including rules that do all of the following:
(1) Prescribe license application forms and procedures;
(2) Specify the documentation that must be provided and conditions that must be met by an applicant seeking a license on the basis of division (A)(1)(a)(iv) of section 3740.03 of the Revised Code;
(3) Prescribe license renewal application forms and procedures;
(4) Establish the reasons for which the department of health may take action under section 3740.07 of the Revised Code;
(5) Processes for dispute resolution and appeals related to licensing disputes.
(B) All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code. In addition, the rules shall be adopted in consultation with the director of aging and medicaid director.
Last updated October 19, 2021 at 5:42 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3740 | Home Health Service Providers › Section 3740.99 | Penalty.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Whoever violates section 3740.02 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; for each subsequent offense, the person is guilty of a misdemeanor of the first degree.
Last updated October 19, 2021 at 5:43 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.01 | Oil and Paint Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 3741.01 to 3741.07, inclusive, of the Revised Code:
(A) "Naval stores" means spirits of turpentine and rosin.
(B) "Spirits of turpentine" includes gum spirits of turpentine and wood turpentine.
(C) "Gum spirits of turpentine" means spirits of turpentine made from oleoresin gum from a living tree.
(D) "Wood turpentine" includes steam distilled wood turpentine and destructively distilled wood turpentine.
(E) "Steam distilled wood turpentine" means wood turpentine distilled with steam from the oleoresin within or extracted from the wood.
(F) "Destructively distilled wood turpentine" means wood turpentine obtained in the destructive distillation of the wood.
(G) "Rosin" includes gum rosin and wood rosin.
(H) "Gum rosin" means rosin remaining after the distillation of gum spirits of turpentine.
(I) "Wood rosin" means rosin remaining after the distillation of steam distilled wood turpentine.
(J) "Paint" includes oxide of zinc, red lead, and white lead, dry or in any kind of oil, and a compound intended for like use, colors ground in oil, paste, or semipaste paint, and liquid or mixed paint ready for use.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.02 | Labels.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person, firm, or corporation shall expose for sale, offer for sale, or sell paint, naval stores, or linseed oil which is labeled or marked so as to tend to deceive the purchaser thereof as to its nature or composition, or which is not labeled as required by this section.
The label, required by sections 3741.01 to 3741.07, inclusive, of the Revised Code, shall clearly state the name and residence of the manufacturer of the paint or of the distributor thereof or of the party for whom it is manufactured, and shall show the name of any substance used in quantities sufficient to be dangerous or injurious to human life or health whether through absorption, contact, or inhalation. The label shall be printed in the English language in plain, legible type, in continuous list, with no intervening matter of any kind.
The label on paint sold by measure shall show the net measure of the contents of the container. The label on paint sold by weight shall show the net weight of the contents of the package.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.03 | Standards Shall Be Official.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
For the purposes of sections 3741.01 to 3741.07, inclusive, of the Revised Code, the standards of quality and purity of gum spirits of turpentine, steam distilled wood turpentine, destructively distilled wood turpentine, gum rosin, and wood rosin shall be those of the official naval stores standards of the United States, as set forth in the Naval Stores Act or amendments thereto.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.04 | Prohibited Acts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The following acts are prohibited:
(A) The sale in this state, of any naval stores or of anything offered for sale as such, except under or by reference to the official naval stores standards of the United States;
(B) The sale of any naval stores in this state under or by reference to the official naval stores standards of the United States, which is other than what it is represented to be;
(C) The use in this state of the word "turpentine" or the word "rosin," singly or with any other word or of any compound, derivative, or imitation of words, letter, or combination of letters, provided in the Naval Stores Act to define the official naval stores standards of the United States, to be used or to designate naval stores of any kind or grade, in selling, offering for sale, advertising, or shipping, anything other than naval stores of the official naval stores standards of the United States;
(D) The use of any false, misleading, or deceitful means or practice in the sale of naval stores, or of anything offered for sale as such.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.05 | Possession Prima-Facie Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The possession of an article or substance improperly marked or inaccurately labeled by a person, firm, or corporation dealing therein, shall be prima-facie evidence that it is being kept in violation of sections 3741.01 to 3741.07, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.06 | Enforcement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The director of agriculture shall enforce sections 3741.01 to 3741.07, inclusive, of the Revised Code, and the director, his assistant and employees, shall have access to the places of business, stores, buildings, and yards used for the sale of paint, naval stores, or linseed oil, and may open any package, tank car, tank, drum, barrel, can, jar, tub, or other receptacle containing any article that may be sold, offered for sale, or exposed for sale in violation of such sections.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.07 | Prohibition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall violate sections 3741.01 to 3741.06, inclusive, of the Revised Code, relating to the labeling, marketing, stenciling, selling, offering or exposing for sale, or advertising of paints, mixed paints and similar compounds, naval stores, linseed oil, or white lead by manufacturers or distributors thereof.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.08 | Manufacture and Sale of Raw Flaxseed or Linseed Oil.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall manufacture, offer, or expose for sale raw flaxseed or linseed oil unless it is wholly obtained from the seeds of the flax plant and fulfills all the requirements recognized by the eighth decennial revision of the United States pharmacopoeia.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.09 | Manufacture and Sale of Boiled Linseed Oil.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall manufacture, offer, or expose for sale, boiled linseed oil unless it has been prepared by heating pure raw linseed oil to a temperature of two hundred twenty-five degrees Fahrenheit and incorporating not to exceed four per cent by weight of drier. Such boiled linseed oil must also conform to the following requirements:
(A) Its specific gravity at sixty degrees Fahrenheit must be not less than nine hundred thirty-five thousandths and not greater than nine hundred forty-five thousandths.
(B) Its saponification value, Koettstorfer figure, must not be less than one hundred eighty-six.
(C) Its iodine number must not be less than one hundred sixty.
(D) Its acid value must not exceed ten.
(E) The volatile matter expelled at two hundred twelve degrees Fahrenheit must not exceed one half of one per cent.
(F) No mineral oil shall be present, and the amount of unsaponifiable matter as determined by standard methods shall not exceed two and five tenths per cent.
(G) The film left after flowing the oil over glass and allowing it to drain in a vertical position must be free from tackiness in not to exceed twenty hours, at a temperature of about seventy degrees Fahrenheit.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.10 | Selling Boiled Oil Under False Name or Without Proper Branding.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall sell, expose, or offer for sale, flaxseed or linseed oil except under its true name, and unless each tank car, tank, barrel, keg, or other vessel containing such oil has distinctly and durably painted, stamped, stenciled, or marked thereon in ordinary bold-faced capital letters not less than five lines pica in size, the words "pure linseed oil--raw" or "pure linseed oil--boiled" and the name and address of the manufacturer thereof.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.11 | Falsification.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 269 - 121st General Assembly
A person who knowingly makes a false statement on a stamp or label on a tank car, barrel, keg, can, or other vessel containing flaxseed or linseed oil is guilty of falsification under section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.12 | Enforcement.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
The director of agriculture shall enforce sections 3741.08 to 3741.10 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3741 | Gasoline; Oils; Paints › Section 3741.13 | Designating Successor-in-Interest to Franchisee.

Effective:
September 20, 1984
Latest Legislation:
Senate Bill 200 - 115th General Assembly
(A) No franchise, as defined in the "Petroleum Marketing Practices Act," 92 Stat. 322 (1978), 15 U.S.C.A. 2801, as amended, entered into or renewed on or after January 1, 1985, shall prohibit the franchised dealer or retailer of motor fuel from designating his spouse or adult child as successor-in-interest to the franchise in the event of his death or retirement. At the time a franchise agreement is entered into or renewed, the franchised dealer or retailer may designate his spouse or adult child as successor in interest to the franchise in the event of the dealer's or retailer's death or retirement. The franchisor shall approve in writing the designation of the successor in interest except for good cause shown. Nothing in the franchise agreement shall prohibit the franchised dealer or retailer from notifying the franchisor in writing of his intent to change his designee during the term of the franchise agreement, and the franchisor shall accept in writing the new designee, except for good cause shown. The designated successor shall give the franchisor refiner or distributor of motor fuel written notice of the designated successor's intention to assume and operate the franchise within thirty days after the date of the franchisee's death or retirement.
(B) Notwithstanding any provision in a franchise agreement which provides for the termination of the franchise upon the death or retirement of the franchisee, except for good cause shown, and after receipt of the notice required pursuant to division (A) of this section, the franchisor shall grant the designated successor a trial franchise for one year under the same terms and conditions as the original franchise. The franchisor has the right to require the successor-in-interest to attend a service station dealer school or equivalent educational training at the franchisor's cost.
(C) During the period of the trial franchise and with the franchisor's consent, the successor franchisee may either sell his business assets or renew the franchise under terms and conditions that are agreed to by the franchisor and the successor franchisee. The franchisor shall not unreasonably withhold his consent to the successor franchisee's sale of the business assets or the renewal of the franchise as authorized in this division.