reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.201 | Rules for Reporting Bioterrorism, Epidemic or Pandemic Disease, Infectious Agents, Toxins Posing Risk of Human Fatality or Disability.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section, "bioterrorism" has the same meaning as in section 3701.232 of the Revised Code.
(B) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code under which a poison prevention and treatment center or other health-related entity is required to report events that may be caused by bioterrorism, epidemic or pandemic disease, or established or novel infectious agents or biological or chemical toxins posing a risk of human fatality or disability. Rules adopted under this section may require a report of any of the following:
(1) An unexpected pattern or increase in the number of telephone inquiries or requests to provide information about poison prevention and treatment and available services;
(2) An unexpected pattern or increase in the number of requests to provide specialized treatment, consultation, information, and educational programs to health care professionals and the public;
(3) An unexpected pattern or increase in the number of requests for information on established or novel infectious agents or biological or chemical toxins posing a risk of human fatality or disability that is relatively uncommon and may have been caused by bioterrorism.
(C) Each poison prevention and treatment center and other health-related entity shall comply with any reporting requirement established in rules adopted under division (B) of this section.
(D) Information reported under this section that is protected health information pursuant to section 3701.17 of the Revised Code shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.21 | Save Our Sight Fund.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section:
(1) "Amblyopia" means reduced vision in an eye that has not received adequate use during early childhood.
(2) "501(c) organization" means an organization exempt from federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c).
(B) There is hereby created in the state treasury the save our sight fund. The fund shall consist of voluntary contributions deposited as provided in section 4503.104 of the Revised Code. All investment earnings from the fund shall be credited to the fund.
(C) The director of health shall use the money in the save our sight fund as follows:
(1) To provide support to 501(c) organizations that offer vision services in all counties of the state and have demonstrated experience in the delivery of vision services to do one or more of the following:
(a) Implement a voluntary children's vision screening training and certification program for volunteers, child care providers, nurses, teachers, health care professionals practicing in primary care settings, and others serving children;
(b) Provide materials for the program implemented under division (C)(1)(a) of this section;
(c) Develop and implement a registry and targeted voluntary case management system to determine whether children with amblyopia are receiving professional eye care and to provide their parents with information and support regarding their child's vision care;
(d) Establish a matching grant program for the purchase and distribution of protective eyewear to children;
(e) Provide vision health and safety programs and materials for classrooms.
(2) For the purpose of section 4503.104 of the Revised Code, to develop and distribute informational materials on the importance of eye care and safety to the registrar of motor vehicles and each deputy registrar;
(3) To pay costs incurred by the director in administering the fund;
(4) To reimburse the bureau of motor vehicles for the administrative costs incurred in performing its duties under section 4503.104 of the Revised Code.
(D) A 501(c) organization seeking funding from the save our sight fund for any of the projects specified in division (C) of this section shall submit a request for the funding to the director in accordance with rules adopted under division (E) of this section. The director shall determine the appropriateness of and approve or disapprove projects for funding and approve or disapprove the disbursement of money from the save our sight fund.
(E) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall include the parameters of the projects specified in division (C)(1) of this section that may be funded with money in the save our sight fund and procedures for 501(c) organizations to request funding from the fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.22 | Public Health Laboratory.

Effective:
February 12, 2004
Latest Legislation:
House Bill 6 - 125th General Assembly
The department of health shall maintain a public health laboratory for the following:
(A) Examination of public water supplies and the effluent of sewage purification works;
(B) Diagnosis of, screening for, or confirmation of diseases or pathogens as it deems necessary;
(C) Performance of biological, chemical, or radiological analyses or examinations as it deems necessary;
(D) Analysis of patient specimens and food samples necessary for investigation of foodborne illnesses. In foodborne illness investigations, the laboratory shall cooperate and consult with the director of agriculture acting pursuant to section 3715.02 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.221 | Chemical and Bacteriological Laboratory.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The director of health shall have charge of the public health laboratory authorized by section 3701.22 of the Revised Code. The director may employ an assistant for the laboratory who shall be a person skilled in chemistry and bacteriology, and receive compensation as the director determines. All expenses of the laboratory shall be paid from appropriations made for the department of health.
(B) The director, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend or rescind, rules establishing reasonable fees for services the laboratory performs. The director need not prescribe fees where the director believes that charging fees would significantly and adversely affect the public health. All fees collected for services the laboratory performs shall be deposited into the state treasury to the credit of the laboratory handling fee fund, which is hereby created for the purpose of defraying expenses of operating the laboratory.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.23 | Reporting Contagious or Infectious Diseases, Illnesses, Health Conditions, or Unusual Infectious Agents or Biological Toxins.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section, "health care provider" means any person or government entity that provides health care services to individuals. "Health care provider" includes, but is not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, registered and licensed practical nurses, laboratory technicians, emergency medical service organization personnel, and ambulance service organization personnel.
(B) Boards of health, health authorities or officials, health care providers in localities in which there are no health authorities or officials, and coroners or medical examiners shall report promptly to the department of health the existence of any of the following:
(1) Asiatic cholera;
(2) Yellow fever;
(3) Diphtheria;
(4) Typhus or typhoid fever;
(5) As specified by the director of health, other contagious or infectious diseases, illnesses, health conditions, or unusual infectious agents or biological toxins posing a risk of human fatality or disability.
(C) No person shall fail to comply with the reporting requirements established under division (B) of this section.
(D) The reports required by this section shall be submitted on forms, as required by statute or rule, and in the manner the director of health prescribes.
(E) Information reported under this section that is protected health information pursuant to section 3701.17 of the Revised Code shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.231 | Laboratory Compliance With Reporting and Confidentiality Requirements.

Effective:
February 12, 2004
Latest Legislation:
House Bill 6 - 125th General Assembly
If a medical laboratory outside this state performs a test or other diagnostic or investigative analysis that results in information pertaining to a resident of this state that must be reported under section 3701.23 or 3707.06 of the Revised Code, the entity using the laboratory shall ensure that the laboratory complies with reporting and confidentiality requirements and shall verify to the director of health that the laboratory complies with reporting and confidentiality requirements. The director shall establish procedures by which an entity may verify the laboratory's compliance.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.232 | Reporting Significant Changes in Medication Usage That May Be Caused by Bioterrorism, Epidemic or Pandemic Disease.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section:
(1) "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of a microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, animal, plant, or other living organism as a means of influencing the conduct of government or intimidating or coercing a population.
(2) "Pharmacist" means an individual licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy as a pharmacist.
(3) "Pharmacy" and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
(B) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code under which a pharmacy or pharmacist is required to report significant changes in medication usage that may be caused by bioterrorism, epidemic or pandemic disease, or established or novel infectious agents or biological toxins posing a risk of human fatality or disability. Rules adopted under this section may require a report of any of the following:
(1) An unexpected increase in the number of prescriptions for antibiotics;
(2) An unexpected increase in the number of prescriptions for medication to treat fever or respiratory or gastrointestinal complaints;
(3) An unexpected increase in sales of, or the number of requests for information on, over-the-counter medication to treat fever or respiratory or gastrointestinal complaints;
(4) Any prescription for medication used to treat a disease that is relatively uncommon and may have been caused by bioterrorism.
(C) No person shall fail to comply with any reporting requirement established in rules adopted under division (B) of this section.
(D) Information reported under this section that is protected health information pursuant to section 3701.17 of the Revised Code shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.244 | Civil Actions.

Effective:
August 9, 1990
Latest Legislation:
House Bill 677 - 118th General Assembly
(A) As used in this section, "violation" means an occasion of noncompliance involving a single injured individual.
(B) A person or an agency of state or local government that knowingly violates division (A) of section 3701.242, division (A) of section 3701.243, or division (E) of section 3701.248 of the Revised Code may be found liable in a civil action; the action may be brought by any individual injured by the violation. Except as otherwise provided in division (C) or (D) of this section, the court may award compensatory damages and any equitable relief, including injunctive relief, it finds appropriate. If an award is made in favor of the plaintiff, the judge may award reasonable attorney's fees to the plaintiff after a hearing to determine the amount of the fees.
(C) No person shall be held liable for damages or attorney's fees in an action based on a violation of section 3701.243 of the Revised Code by his employee or agent unless the person knew or should have known of the violation.
(D) A person who acts in good faith in accordance with section 3701.242, 3701.243, or 3701.248 of the Revised Code is not liable for damages in a civil action brought pursuant to this section.
(E) A civil action under this section is barred unless the action is commenced within one year after the cause of action accrued. A cause of action does not survive the death of the individual injured by the violation unless a civil action based on the cause of action is commenced prior to the death of that individual.
(F) The remedies in this section are the exclusive civil remedies for an individual injured by noncompliance with section 3701.242, 3701.243, or division (E) of section 3701.248 of the Revised Code.
(G) Nothing in this section shall be construed to impose civil liability on a person for the disclosure of an HIV test result, a diagnosed case of AIDS, or a diagnosed AIDS-related condition in accordance with a reporting requirement of the department of health or any federal agency.
(H) No person with knowledge that an individual other than himself has or may have AIDS, and AIDS-related condition, or a positive HIV test shall be held liable for failing to disclose that information to any person unless disclosure is expressly required by law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.245 | Public Agencies May Not Require HIV Results to Obtain Services.

Effective:
November 1, 1989
Latest Legislation:
Senate Bill 2 - 118th General Assembly
(A) No state agency as defined in section 1.60 of the Revised Code, political subdivision, agency of local government, or private nonprofit corporation receiving state or local government funds shall refuse to admit as a patient, or to provide services to, any individual solely because he refuses to consent to an HIV test or to disclose HIV test results.
(B) The prohibition contained in division (A) of this section does not prevent a physician or a person licensed to practice dentistry under Chapter 4715. of the Revised Code from referring an individual he has reason to believe may have AIDS or an AIDS-related condition to an appropriate health care provider or facility, if the referral is based on reasonable professional judgment and not solely on grounds of the refusal of the individual to consent to an HIV test or to disclose the result of an HIV test.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.246 | HIV Testing of Donated Body Parts or Fluids.

Effective:
November 1, 1989
Latest Legislation:
Senate Bill 2 - 118th General Assembly
Any human body part donated for transplantation, including an organ, tissue, eye, bone, artery, or other part, and any body fluid donated for transfusion or injection into another person, including blood, plasma, a blood product, semen, or other fluid, shall be given an HIV test before being transplanted, transfused, or injected to determine that the part or fluid is not infected with the HIV virus unless, in an emergency, the recipient of the donation or his guardian, after consultation with the recipient's physician, consents to a waiver of this requirement.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.247 | Order Compelling HIV Testing.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A)(1) Any of the following persons may bring an action in a probate court for an order compelling another person to undergo HIV testing:
(a) A person who believes the person may have been exposed to HIV infection while rendering health or emergency care to the other person;
(b) A peace officer who believes the peace officer may have been exposed to HIV infection while dealing with the other person in the performance of official duties.
(2) The complaint in the action shall be accompanied by an affidavit in which the plaintiff attests to all of the following:
(a) While rendering health or emergency care to the defendant, or while dealing with the defendant in the performance of the plaintiff's duties, the plaintiff sustained a significant exposure to body fluids of the defendant that are known to transmit HIV;
(b) The plaintiff has reason to believe the defendant may have an HIV infection;
(c) The plaintiff made a reasonable attempt to have the defendant submit to HIV testing in accordance with section 3701.242 of the Revised Code, and notified the defendant that the plaintiff would bring an action under this section on the defendant's refusal or failure to be tested, but the defendant has not been tested;
(d) Within seven days after the exposure, the plaintiff took an HIV test.
In the complaint, the defendant shall be identified by a pseudonym and the defendant's name communicated to the court confidentially pursuant to a court order restricting the use of the name. Proceedings shall be conducted in chambers unless the defendant agrees to a hearing in open court.
(B) The court shall hold a hearing on the complaint at the earliest possible time but not later than the third business day after the day the defendant is served with the complaint and notice of the hearing. The court shall enter judgment on the complaint on the day the hearing is concluded.
(C) Notwithstanding division (A) of section 3701.242 of the Revised Code, the court may order the defendant to undergo HIV testing if it finds by clear and convincing evidence that the plaintiff has proved the matters attested to in the plaintiff's affidavit and has demonstrated that the plaintiff has a compelling need for the results of the test and no other means exist to accommodate the need. If granted, the order shall guard against unauthorized disclosure of the test results by specifying the persons and governmental entities that may have access to the results and by limiting further disclosure. The court shall require that the defendant be given test results and, if the defendant's test results are HIV-positive, that post-test counseling be provided the defendant in accordance with division (C) of section 3701.242 of the Revised Code. The court may order the plaintiff to pay the cost of the defendant's testing and counseling.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.249 | Immunity of Employer.

Effective:
November 1, 1989
Latest Legislation:
Senate Bill 2 - 118th General Assembly
(A) As used in this section, "employer" and "employee" have the same meanings as in section 4112.01 of the Revised Code.
(B) The employer of a person with HIV infection is immune from liability to any person in a civil action for damages for injury, death, or loss to person or property on a claim arising out of transmission of the human immunodeficiency virus from the infected employee to another employee or to any other person, unless the transmission occurs as a result of the reckless conduct of the employer.
(C) An employer is immune from liability to an employee on a claim asserted under any provision of the Revised Code or in a civil action for damages for injury, death, or loss to person or property if the claim arises from an illness or injury to the employee that is stress-related and results from the employee being required to work with an individual who has received a positive result on an HIV test or has been diagnosed as having AIDS or an AIDS-related condition.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.251 | Confidentiality.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as otherwise provided in this section, all data collected by the Parkinson's disease registry is confidential pursuant to section 3701.17 of the Revised Code.
(B) The director of health may enter into agreements to furnish data collected in the Parkinson's disease registry to other states' Parkinson's disease registries, federal Parkinson's disease control agencies, local health officers, and local health researchers. Before confidential data is disclosed to an out-of-state registry, federal agency, health officer, or researcher, the requesting entity shall agree in writing to maintain the confidentiality of that information. Researchers also shall do the following:
(1) Obtain approval of the department of health's institutional review board;
(2) Provide documentation to the director that demonstrates to the director's satisfaction that the researcher has established the procedures and ability to maintain the confidentiality of the information.
(C) The director shall maintain an accurate record of researchers who are given access to confidential data. The record shall include the following:
(1) Name, title, address, and organizational affiliation of the individual given access;
(2) Dates of access;
(3) Specific purpose for which the data will be used.
(D) Notwithstanding any other law to the contrary, confidential data shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. Confidential data shall not be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(E) This section does not prohibit the publication of reports and aggregate statistical data by the director that do not identify individual cases or individual sources of data.
Last updated September 25, 2023 at 5:48 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.252 | Advisory Committee.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) There is hereby created the Parkinson's disease registry advisory committee. The committee shall consist of the director of health or the director's designee and the following members appointed by the director:
(1) A neurologist;
(2) A movement disorder specialist;
(3) A primary care provider;
(4) A physician informaticist;
(5) A public health professional;
(6) A population health researcher familiar with disease registries;
(7) A Parkinson's disease researcher;
(8) A patient living with Parkinson's disease;
(9) Any other members the director deems necessary.
(B) The committee shall do both of the following:
(1) Assist the director of health in the development and implementation of the Parkinson's disease registry;
(2) Advise the director on maintaining and improving the registry.
(C) The director or the director's designee shall serve as the chairperson of the committee.
(D) Each member shall serve without compensation except to the extent that serving on the committee is considered part of the member's regular duties of employment.
(E) The committee shall meet at the call of the chairperson but not less than twice annually. The committee's first meeting shall occur within ninety days of the effective date of this section. Meetings may take place in-person or virtually at the discretion of the chairperson.
(F) The department of health shall provide meeting space and other administrative support for the committee.
Last updated September 25, 2023 at 5:49 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.253 | Annual Report.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Within twenty-four months of the establishment of the Parkinson's disease registry, and annually thereafter, the director of health shall submit a report to the general assembly in accordance with section 101.68 of the Revised Code summarizing the following:
(A) The incidence of Parkinson's disease in Ohio by county;
(B) The number of new cases reported to the Parkinson's disease registry in the previous year;
(C) Demographic information including age, gender, and race.
Last updated September 25, 2023 at 5:49 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.254 | Registry Information Online.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of health shall describe the registry and provide any information regarding the registry the director deems relevant on the department of health's internet web site.
Last updated September 26, 2023 at 10:55 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.255 | Rulemaking.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code to specify the data to be collected and the format in which it is to be submitted to the registry.
Last updated September 26, 2023 at 10:55 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.261 | Ohio Cancer Incidence Surveillance System.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "state university" has the same meaning as in section 3345.011 of the Revised Code.
(B) The director of health shall:
(1) Establish a population-based cancer registry, which shall be known as the Ohio cancer incidence surveillance system, to monitor the incidence of various types of malignant diseases in Ohio, make appropriate epidemiologic studies to determine any causal relations of such diseases with occupational, nutritional, environmental, or infectious conditions, and alleviate or eliminate any such conditions;
(2) Advise, consult, cooperate with, and assist, by contract or otherwise, agencies of the state and federal government, agencies of the governments of other states, agencies of political subdivisions of this state, universities, private organizations, corporations, and associations for the purposes of division (B)(1) of this section;
(3) Accept and administer grants from the federal government or other sources, public or private, for carrying out any of the functions enumerated in divisions (B)(1) and (2) of this section.
(C) The Ohio cancer incidence surveillance system shall follow a model of cancer data collection as set forth by the survey epidemiology and end results system (SEERS).
(D) The department may, by contract, designate a state university as an agent to implement some or all of this section and section 3701.262 of the Revised Code and the rules adopted under those sections.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.28 | Powers of Department When Local Authorities Fail to Act.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a contagious or infectious disease becomes or threatens to become epidemic in a municipal corporation or township, and the local authorities neglect or refuse to enforce efficient measures for its prevention, the director of health may appoint a medical or sanitary officer and such assistants as he may require, and authorize him to enforce such orders or regulations as the director deems necessary.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.29 | Annual Conference - Expenses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The department of health shall make provision for annual conferences of district health commissioners for the consideration of the cause and prevention of dangerous communicable diseases and other measures to protect and improve the public health. Each board of health or other body or person appointed or acting in place of a board of health shall appoint its health commissioner or health officer a delegate to such conferences. The district board of health shall pay the necessary expenses of such delegate upon presentation of a certificate from the director of health that the delegate attended the sessions of such conferences.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.30 | Blood Bank for Civilian Use.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The department of health may devise a suitable program for establishing a blood bank for civilian use, embracing if necessary, methods for the registration of blood donors, for the collection of blood from donors, for the processing or procurement of blood plasma or other substitutes for whole blood, and for the distribution of pool blood, blood plasma, or other blood substitutes to meet civilian needs, to communities of the state where such are not readily available.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.31 | Administration of Blood Bank.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In formulating and administering the blood bank program, the department of health may establish necessary standards, promulgate necessary rules and regulations, utilize the facilities and services of other official agencies and of voluntary organizations which may be made available to the department, and co-operate, if requested, with agencies and organizations engaged in a similar program on a local or state basis.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.341 | Rules Relating to Abortions.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) The director of health, pursuant to Chapter 119. and consistent with Chapter 3726. and section 2317.56 of the Revised Code, shall adopt rules relating to abortions and the following subjects:
(1) Post-abortion procedures to protect the health of the pregnant woman;
(2) Pathological reports;
(3) Humane disposition of the product of human conception;
(4) Counseling.
(B) The director of health shall implement the rules and shall apply to the court of common pleas for temporary or permanent injunctions restraining a violation or threatened violation of the rules. This action is an additional remedy not dependent on the adequacy of the remedy at law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.342 | Minimum Standards and Optimum Achievable Standards for Boards of Health and Local Health Departments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of health shall adopt rules establishing minimum standards and optimum achievable standards for boards of health and local health departments. The minimum standards shall assure that boards of health and local health departments provide for:
(A) Analysis and prevention of communicable disease;
(B) Analysis of the causes of, and appropriate treatment for, the leading causes of morbidity and mortality;
(C) The administration and management of the local health department;
(D) Access to primary health care by medically underserved individuals;
(E) Environmental health management programs;
(F) Health promotion services designed to encourage individual and community wellness;
(G) Annual completion of two hours of continuing education by each member of a board of health. The minimum standards shall provide that continuing education credits shall pertain to ethics, public health principles, and a member's responsibilities. Credits may be earned in these topics at pertinent presentations that may occur during regularly scheduled board meetings throughout the calendar year or at other programs available for continuing education credit. The director of health may assist local boards of health of general and city health districts in coordinating approved continuing education programs sponsored by health care licensing boards, commissions, or associations. The minimum standards also shall provide that continuing education credits earned for the purpose of license renewal or certification by licensed health professionals serving on boards of health may be counted to fulfill the two-hour continuing education requirement.
The director shall adopt rules establishing a formula for distribution of state health district subsidy funds to boards of health and local health departments. The formula shall provide no subsidy funds to a board or department unless it meets minimum standards and shall provide higher funding levels for boards and districts that meet optimum achievable standards.
Notwithstanding section 119.03 of the Revised Code, rules adopted under this section shall not take effect unless approved by concurrent resolution of the general assembly.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.345 | Applying for Variance From Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Any applicant for a permit to construct, develop, install, or modify a private water system required by rules adopted by the director of health under section 3701.347 of the Revised Code may apply to the board of health of the city or general health district administering and enforcing the private water supply program in the health district in which the private water system is or is to be located or, if the health district is not administering and enforcing the program, may apply to the department of health for a variance from such rules governing the design, construction, development, installation, or modification of private water systems. The application for a variance shall be made in writing and shall include a statement of the particular rule or rules from which a variance is sought, a description of the proposed system or modification, and the necessity for the variance. The board of health or the department of health shall not grant a variance unless the applicant demonstrates that:
(A) There will be an unusual and unnecessary hardship in complying with the rules from which the variance is sought;
(B) Contamination of the private water system will not occur as a result of construction and operation of the system as proposed by the variance application;
(C) The health of persons using water from the private water system will not be endangered as a result of construction and operation of the system as proposed by the variance application; and
(D) No other technically feasible and economically reasonable means exist for obtaining water from the proposed type of water source.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.347 | Rules to Remain in Effect Until Repealed or Superseded.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Notwithstanding division (E) of section 6111.42 of the Revised Code, rules adopted under such division and in effect on December 14, 1978, shall continue in effect until repealed by the environmental protection agency or superseded by rules adopted by the director of health as hereinafter provided, as fully as if such section had not been amended by Amended Substitute Senate Bill No. 445 of the 112th general assembly on such date. Insofar as these rules affect wells for the provision of water for human consumption not used or for use by a public water system, they shall remain in effect notwithstanding repeal by the environmental protection agency until the director adopts rules superseding them which prescribe uniform standards and procedures for the design, construction, inspection, installation, development, maintenance, and abandonment of private water systems, to protect the health of the persons served by such water systems and to establish fees at a level calculated to pay the cost of administering and enforcing such rules by the director or by boards of health of city and general health districts approved by the director of health. For purposes of this section "public water system" has the meaning ascribed to it in section 6109.01 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.351 | Standards, Procedures for Hospital Staff Membership.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The governing body of every hospital shall set standards and procedures to be applied by the hospital and its medical staff in considering and acting upon applications for staff membership or professional privileges. These standards and procedures shall be available for public inspection.
(B) The governing body of any hospital, in considering and acting upon applications for staff membership or professional privileges within the scope of the applicants' respective licensures, shall not discriminate against a qualified person solely on the basis of whether that person is licensed to practice medicine, osteopathic medicine, or podiatry, is licensed to practice dentistry or psychology, or is licensed to practice nursing as an advanced practice registered nurse. Staff membership or professional privileges shall be considered and acted on in accordance with standards and procedures established under division (A) of this section. This section does not permit a psychologist to admit a patient to a hospital in violation of section 3727.06 of the Revised Code.
(C) The governing body of any hospital that is licensed to provide maternity services, in considering and acting upon applications for clinical privileges, shall not discriminate against a qualified person solely on the basis that the person is authorized to practice nurse-midwifery. An application from a certified nurse-midwife who is not employed by the hospital shall contain the name of a physician member of the hospital's medical staff who holds clinical privileges in obstetrics at that hospital and who has agreed to be the collaborating physician for the applicant in accordance with section 4723.43 of the Revised Code.
(D) Any person may apply to the court of common pleas for temporary or permanent injunctions restraining a violation of division (A), (B), or (C) of this section. This action is an additional remedy not dependent on the adequacy of the remedy at law.
(E)(1) If a hospital does not provide or permit the provision of any diagnostic or treatment service for mental or emotional disorders or any other service that may be legally performed by a psychologist licensed under Chapter 4732. of the Revised Code, this section does not require the hospital to provide or permit the provision of any such service and the hospital shall be exempt from requirements of this section pertaining to psychologists.
(2) This section does not impair the right of a hospital to enter into an employment, personal service, or any other kind of contract with a licensed psychologist, upon any such terms as the parties may mutually agree, for the provision of any service that may be legally performed by a licensed psychologist.
Last updated August 17, 2021 at 3:07 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.352 | Violations Prohibited.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
No person shall violate any rule the director of health or department of health adopts or any order the director or department of health issues under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.353 | Business Fairness Act - Operations During Pandemic, Epidemic, or Bioterrorism Event.

Effective:
March 2, 2022
Latest Legislation:
House Bill 215 - 134th General Assembly
Notwithstanding section 3701.352 of the Revised Code, a business does not violate that section and may continue or resume operations if both of the following are true:
(A) The business has been required to cease or limit operations by order or rule of the director or department of health that was issued under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event ;
(B) The business complies with all safety precautions that the order or rule requires of businesses that are permitted to continue operations under the order or rule.
This section does not apply to an order or rule of the director or department of health that is issued under this chapter and applicable only to a particular business or business location due to circumstances uniquely present at that particular business or business location.
Last updated December 14, 2021 at 4:57 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.361 | Palliative Care Consumer and Professional Information and Education Program.

Effective:
March 20, 2019
Latest Legislation:
House Bill 286 - 132nd General Assembly
The palliative care consumer and professional information and education program is hereby established in the department of health. The purpose of the program is to maximize the effectiveness of palliative care initiatives in this state by ensuring that comprehensive and accurate information and education on palliative care is available to health care facilities, other health care providers, and the public.
The department shall publish on its internet web site information on palliative care, including information on continuing education opportunities for health care professionals; information about palliative care delivery in a patient's home and in primary, secondary, and tertiary environments; best practices for palliative care delivery; and consumer educational materials and referral information on palliative care, including hospice. The department may develop and implement other initiatives regarding palliative care and education as the department considers appropriate.
In implementing this section, the department shall consult with the palliative care and quality of life interdisciplinary council created under section 3701.36 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.362 | Identifying and Informing Persons Who May Benefit From Palliative Care.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Each of the health care facilities and providers identified in division (B) of this section shall do both of the following:
(1) Establish a system for identifying patients or residents who could benefit from palliative care;
(2) Provide information on palliative care to patients and residents who could benefit from palliative care.
(B) Division (A) of this section applies to all of the following:
(1) A hospital registered under section 3701.07 of the Revised Code;
(2) An ambulatory surgical facility, as defined in section 3702.30 of the Revised Code;
(3) A nursing home, residential care facility, county home, or district home, as defined in section 3721.01 of the Revised Code;
(4) A veterans' home operated under Chapter 5907. of the Revised Code;
(5) A hospice care program or pediatric respite care program, as defined in section 3712.01 of the Revised Code;
(6) A home health agency, as defined in section 3740.01 of the Revised Code.
Last updated August 17, 2021 at 3:08 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.37 | Construction and Modernization Program to Provide Adequate Hospital and Medical Facilities for People in State.

Effective:
September 24, 1971
Latest Legislation:
Senate Bill 343 - 109th General Assembly
The state construction and modernization program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this state and in so far as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facilities service reasonably accessible to all persons.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.38 | Application to Surgeon General for Federal Funds.

Effective:
December 2, 1996
Latest Legislation:
House Bill 670 - 121st General Assembly
The director of health may make application to the surgeon general for federal funds to assist in carrying out the survey and planning activities provided in sections 3701.01, 3701.04, 3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code. Such funds shall be deposited in the state treasury and shall be available to the director for expenditure for carrying out such sections. Any such funds received and not expended for such purposes shall be repaid to the treasury of the United States.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3701 | Department of Health › Section 3701.39 | Submission of State Plan to Surgeon General - Publicity and Public Hearing of Plan.

Effective:
December 2, 1996
Latest Legislation:
House Bill 670 - 121st General Assembly
The director of health shall prepare and submit to the surgeon general a state plan which shall include the hospital and medical facilities construction and modernization program developed under sections 3701.01, 3701.04, 3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code, and which shall provide for the establishment, administration, and operation of hospital and medical facilities construction and modernization activities in accordance with the requirements of the federal act and regulations thereunder. The director shall, prior to the submission of such plan to the surgeon general, give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in such a plan may be given an opportunity to express their views. After approval of the plan by the surgeon general, the director shall make public a general description of the provisions thereof and shall make the plan or a copy thereof available upon request to all interested persons or organizations. The director shall review the hospital and medical facilities construction and modernization program and submit to the surgeon general any modifications thereof which the director finds necessary and may submit to the surgeon general such modifications of the state plan not inconsistent with the requirements of the federal act as are advisable.