reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.02 | Radon Tester, Mitigation Specialist or Mitigation Contractor License Required - Exceptions.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) Except as otherwise provided in this section:
(1) No individual shall perform radon testing, or hold himself out as performing radon testing, without a valid radon tester or mitigation specialist license.
(2) No individual shall provide professional or expert advice on radon testing, radon exposure, or health risks related to radon exposure, or hold himself out as providing such advice, without a radon tester or mitigation specialist license.
(3) No individual shall provide on-site supervision of radon mitigation, or hold himself out as providing such supervision, without a radon mitigation specialist license.
(4) No individual shall provide professional or expert advice on radon mitigation or radon entry routes, or hold himself out as providing such advice, without a radon mitigation specialist license.
(5) No business entity or government entity shall perform or authorize any individual employed by it to perform radon mitigation, or hold itself out as performing radon mitigation, without a valid radon mitigation contractor license.
(B) Division (A) of this section does not apply to any of the following:
(1) An individual, business entity, or government entity using techniques during new construction designed to prevent or reduce radon infiltration in the new construction;
(2) An individual, business entity, or government entity performing radon tests or mitigation on a building or real property that the individual, business entity, or government entity owns or leases;
(3) An individual, business entity, or government entity practicing in accordance with section 3723.03 of the Revised Code as a radon tester, mitigation specialist, or mitigation contractor under a license issued by another state;
(4) An individual, business entity, or government entity conducting research regarding radon testing or mitigation in accordance with section 3723.04 of the Revised Code.
(C) Division (A)(5) of this section does not apply to an employee of a licensed radon mitigation contractor, or a general contractor that subcontracts for radon mitigation to be performed by a licensed radon mitigation contractor.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.03 | Time Limit on Practice by Out-of-State Licensees.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
Pursuant to division (B) of section 3723.02 of the Revised Code, an individual, business entity, or government entity that holds a valid license issued by another state authorizing practice as a radon tester, mitigation specialist, or mitigation contractor under the laws of that state may practice in this state without a license issued under this chapter for not more than ninety days in any calendar year as a radon tester, mitigation specialist, or mitigation contractor, if the director of health finds that the requirements for licensure in that state are comparable to the requirements for licensure under this chapter and the rules adopted under it and the individual, business entity, or government entity provides notice to the director of health, in accordance with rules adopted under section 3723.09 of the Revised Code, prior to commencing practice in this state. Chapter 4796. of the Revised Code does not apply to a nonresident individual authorized to practice under this section.
Last updated December 29, 2023 at 7:04 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.04 | Conditions for Performing Research Without License.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) Pursuant to division (B) of section 3723.02 of the Revised Code, an individual, business entity, or government entity conducting research regarding radon testing or mitigation may perform radon testing or mitigation without a license, if the owner or occupant of the building or real property where the research is to be conducted consents after being informed in writing of all of the following:
(1) That the individual, business entity, or government entity is not licensed to perform radon testing or mitigation;
(2) That the results of any testing are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property;
(3) That any mitigation methods used are experimental and may not be successful.
(B) Radon test results obtained pursuant to this section are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property tested.
(C) No licensed radon mitigation specialist shall provide advice regarding radon mitigation on the basis of any radon test performed pursuant to this section.
(D) No licensed radon mitigation contractor shall perform radon mitigation on the basis of any radon test performed pursuant to this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.05 | Using Services of Radon Laboratory.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) No licensed radon tester shall use the services of a radon laboratory that has not been approved under section 3723.07 of the Revised Code.
(B) No licensed radon mitigation contractor shall do any of the following:
(1) Perform radon mitigation without the direct on-site supervision of a licensed radon mitigation specialist;
(2) Provide radon testing services other than through the employment of a licensed radon tester or mitigation specialist;
(3) Provide advice regarding radon testing, radon exposure, or health risks associated with radon exposure other than through the employment of a licensed radon tester or mitigation specialist;
(4) Provide advice regarding radon mitigation or radon entry routes other than through the employment of a licensed radon mitigation specialist.
(C) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contractor involved in the testing of a particular building, or in the provision of advice with respect to a particular building, shall be involved in the performance of mitigation on that building unless the contract for mitigation is in writing and clearly and conspicuously states both of the following:
(1) That the radon tester, mitigation specialist, or mitigation contractor was involved in the testing or provision of advice that led to the mitigation contract;
(2) The advantages of long-term testing and the value of a second opinion as ways to verify test results and to assure that the proposed mitigation is appropriate, especially when the mitigation is to be performed by the tester, mitigation specialist, or mitigation contractor that was involved in the testing or provision of advice that led to the mitigation contract.
(D) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contractor shall perform radon testing or mitigation or provide any advice related to radon, radon testing, or radon mitigation unless it is performed in accordance with the requirements of this chapter and the rules adopted under it.
(E) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contractor shall violate any requirement of this chapter or any rule adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.07 | Approving Training Courses and Laboratories.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall approve all of the following:
(A) Licensure training courses for radon testers and mitigation specialists;
(B) Training courses for employees of mitigation contractors;
(C) Radon laboratories.
Each applicant for approval shall submit a completed application to the director on a form the director shall prescribe and furnish.
In accordance with rules adopted under section 3723.09 of the Revised Code, the director shall issue the appropriate approval to each applicant that pays the approval fee prescribed by the director and meets the criteria for approval established by the director.
In accordance with Chapter 119. of the Revised Code, the director may refuse to issue an approval and may revoke or suspend an approval issued under this section if the operator of the course or laboratory fails to meet the criteria established by the director.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.08 | Director of Health - Powers and Duties.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
(A) The director of health shall do all of the following:
(1) Administer the radon licensing program established by this chapter and enforce the requirements of this chapter and the rules adopted under it;
(2) Examine records of radon testers, mitigation specialists, mitigation contractors, and operators of radon laboratories and training courses approved under section 3723.07 of the Revised Code as he considers necessary to determine whether they are in compliance with the requirements of this chapter and the rules adopted under it;
(3) Coordinate the radon licensing program with any radon programs in schools;
(4) Collect and disseminate information relating to radon in this state;
(5) Conduct research on indoor radon contamination, which may include a statewide survey.
(B) The director of health may do any of the following:
(1) Employ individuals with training necessary to implement the requirements of this chapter and the rules adopted under it, and pay the license fee or license renewal fee established under section 3723.09 of the Revised Code for any such employee who is required to be licensed under this chapter;
(2) Conduct inspections as he considers necessary to determine whether the requirements of this chapter and the rules adopted under it have been met;
(3) Conduct training programs and establish and collect fees to cover the cost of conducting them;
(4) Advise, consult with, cooperate with, and enter into contracts or grant agreements with any individual, business entity, government entity, interstate agency, or the federal government as he considers appropriate to fulfill the requirements of this chapter and the rules adopted under it;
(5) Consult with and seek recommendations from the radiation advisory council established under section 3748.20 of the Revised Code with respect to the implementation of this chapter;
(6) Delegate his authority and duties under this chapter to any division, bureau, agency, or employee of the department of health;
(7) Collect information required to be reported to him under any rules adopted under section 3723.09 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.081 | Presence of Radon Mitigation Specialist.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The director of health shall not require a licensed radon mitigation specialist to be physically present for supervision purposes when radon mitigation is performed. However, the director may require such a specialist to be physically present immediately before and after radon mitigation is performed.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.09 | Adoption of Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) To protect the health of individuals inhabiting, occupying, or frequenting buildings, the director of health shall adopt rules to implement the requirements of this chapter. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(B) The director shall adopt rules establishing criteria and procedures for issuing and renewing licenses under section 3723.06 of the Revised Code to radon testers, mitigation specialists, and mitigation contractors. The rules may require that all applicants for licensure as a radon tester or mitigation specialist pass an examination. If an examination is required, the rules may require applicants to pass an examination conducted by the department or an appropriate examination conducted by the United States environmental protection agency.
(C) The director shall adopt rules establishing criteria and procedures for approving training courses under section 3723.07 of the Revised Code. The rules may require that participants in training courses pass an examination conducted by the operator of the course and may require that the examinations be approved by the director.
(D) The director shall adopt rules establishing criteria and procedures for approving radon laboratories under section 3723.07 of the Revised Code.
(E) The director shall adopt rules establishing reasonable fees for licenses, license renewals, radon laboratory approvals, and training course approvals.
(F) The director shall adopt rules establishing standards to be followed by licensed radon testers, mitigation specialists, and mitigation contractors for the prevention of hazards to the public health, including standards for worker protection, record keeping, and training of employees of licensed radon mitigation contractors.
(G) The director shall adopt rules establishing procedures to be followed by any individual, business entity, or government entity licensed by another state to practice as a radon tester, mitigation specialist, or mitigation contractor in providing notice to the director of health prior to commencing practice in this state pursuant to section 3723.03 of the Revised Code.
(H) The director may adopt rules that require licensed radon testers and mitigation specialists to report to the director, by street address, radon test results that indicate the presence of radon at a level considered to be dangerous as determined by the director. The rules may require the reporting of screening measurements, follow-up measurements, post-mitigation measurements, and, if it is known that radon mitigation has been performed, the methods of mitigation that were used. Any information required to be reported to the director under these rules is not a public record under section 149.43 of the Revised Code, and shall not be released except in aggregate statistical form.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.10 | Complaints.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
Any individual, business entity, or government entity may file a complaint with the director of health concerning any radon tester, mitigation specialist, mitigation contractor, or operator of a radon laboratory or a training course approved under section 3723.07 of the Revised Code. The complainant's name shall be confidential and shall not be released without his written consent.
The director may investigate complaints and take action under section 3723.06, 3723.07, or division (A)(1) of section 3723.08 of the Revised Code as he considers necessary and appropriate.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.11 | List of Licensees - Copies.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
The director of health shall maintain a list of all licensed radon testers, mitigation specialists, and mitigation contractors. On request, the director shall provide a copy of all or part of the list to any individual, business entity, or government entity. The director shall not impose a charge for providing the copy that exceeds the actual and necessary expense of copying it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.12 | Releasing or Retaining Information on Specific Property.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) The director of health, any employee of the department of health, or any individual, business entity, or government entity with which the director enters into an agreement under division (B)(4) of section 3723.08 of the Revised Code, shall not release information collected pursuant to this chapter concerning a specific building used as a private residence or the real property upon which it is located to anyone other than the owner or occupant of the building or real property without their consent, unless the director determines that the release is necessary for use in conducting legitimate scientific studies, or the information is released in summary statistical or other form that does not reasonably tend to disclose the address of the building or real property or the identity of the owner or occupant.
(B) The department of health shall maintain information collected pursuant to this chapter and the rules adopted under it for at least five years. The department may destroy any such information that it has maintained for five years.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.13 | Records to Be Made Available for Examination.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
If the director of health requests to examine such records, no licensed radon tester, mitigation specialist, mitigation contractor, or operator of a radon laboratory or a training course approved under section 3723.07 of the Revised Code shall fail to make available to the director any records pertinent to the activities regulated by this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.14 | Radon Program Fund.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
There is hereby created in the state treasury the radon program fund. All fees collected pursuant to this chapter; civil penalties assessed under section 3723.16 of the Revised Code; fines imposed under section 3723.99 of the Revised Code; and any grant, contribution, or other moneys received by the director of health for the purposes of this chapter shall be credited to the fund. Moneys credited to the fund shall be used only for administration and enforcement of the requirements of this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.15 | Civil Actions.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) At the request of the director of health, the attorney general may bring a civil action for appropriate relief, including a temporary restraining order, preliminary or permanent injunction, and civil penalties, in the court of common pleas of the county in which a violation has occurred, is occurring, or is threatening to occur against any individual, business entity, or government entity that has violated, is violating, or threatens to violate a requirement of this chapter or a rule adopted under it. In accordance with the Rules of Civil Procedure, the court of common pleas in which an action for injunction is filed has jurisdiction to grant, and shall grant, a temporary restraining order and preliminary and permanent injunctive relief upon a showing that the individual, business entity, or government entity against whom the action is brought has violated, is violating, or threatens to violate a requirement of this chapter or a rule adopted under it. In an action for a civil penalty, the court may impose upon an individual, or business entity found to have violated a requirement of this chapter or a rule adopted under it a civil penalty of not more than one thousand dollars for each day of violation. Moneys resulting from civil penalties imposed under this section shall be credited to the radon program fund created pursuant to section 3723.14 of the Revised Code.
(B) The remedies provided in this section are in addition to remedies otherwise available under any federal or state law or ordinance of a municipal corporation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.16 | Prosecutions.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
At the request of the director of health, an individual or business entity that is violating or has violated any requirement of this chapter or the rules adopted under it may be prosecuted by the attorney general or by the prosecuting attorney, city director of law, village solicitor, or similar prosecuting authority of the political subdivision in which the violation occurred or is occurring.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.17 | Liability for Injury, Death or Loss Limited to Negligent Actions.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
(A) If radon testing or mitigation is performed or any related advice is provided in accordance with any procedures established under federal law or the Revised Code, the liability of a licensed radon tester, mitigation specialist, or mitigation contractor for injury, death, or loss to person or property allegedly caused by or otherwise related to radon testing or mitigation or related advice is limited to liability for actions or omissions that are established, by a preponderance of the evidence, to have been negligent. Establishment by a preponderance of the evidence that actions or omissions relating to radon testing or mitigation or related advice were at the time of occurrence in accordance both with generally accepted practice and with any procedures established under federal law or the Revised Code creates a rebuttable presumption that the actions or omissions were not negligent.
(B) The liability of an individual or business entity, other than the owner or occupant of the affected building or real property, contracting with a licensed radon tester, mitigation specialist, or mitigation contractor for injury, death, or loss to person or property allegedly caused by the radon tester, mitigation specialist, or mitigation contractor is limited to actions or omissions that the individual or business entity knew, or reasonably should have known, were not, at the time of occurrence, in accordance with generally accepted practice or with any procedures established under federal law or the Revised Code.
(C) This section governs all claims for injury, death, or loss to person or property arising from radon testing or mitigation or the provision of any related advice.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.18 | Effect of Child Support Default on License.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.99 | Penalty.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
Whoever violates division (A) of section 3723.02, division (C) or (D) of section 3723.04, section 3723.05, or section 3723.13 of the Revised Code is guilty of a misdemeanor of the first degree. Each day of violation is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.01 | Plasmapheresis Center Definitions.

Effective:
September 19, 1975
Latest Legislation:
House Bill 554 - 111th General Assembly
As used in this chapter:
(A) "Plasma" means the fluid portion of blood that has been stabilized against clotting, and is collected by plasmapheresis;
(B) "Plasmapheresis" means a procedure in which blood is drawn from a donor, the plasma is separated from the formed elements, and the formed elements are returned to the donor during a single visit to the plasmapheresis center, but excludes such a procedure performed for the purpose of improving the health of the donor;
(C) "Plasmapheresis center" means a blood bank or other establishment except a hospital that collects plasma.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.02 | Plasma Collection Restrictions.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No person other than a hospital shall collect plasma, regardless of the use for which the plasma is intended, except at a plasmapheresis center holding a current, valid certificate of approval issued by the director of health.
Whoever violates this division is guilty of a misdemeanor of the fourth degree.
(B) The director shall adopt such rules as are necessary to carry out this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.03 | Application for Certificate - Inspection and Certification of Establishment.

Effective:
September 19, 1975
Latest Legislation:
House Bill 554 - 111th General Assembly
Application for certificate shall be made to the director of health by the operator of each establishment desiring to operate as a plasmapheresis center. The director shall prescribe the application form.
The director or his representative shall inspect each establishment prior to certification, and thereafter at least once each year. Plasmapheresis facilities and operations shall be made available for inspection during normal working hours upon request of any authorized representative of the state department of health. If the director finds, upon inspection, that an establishment applying for certification complies with this chapter and the rules adopted thereunder, he shall issue a certificate of approval to the owner of the center. The owner shall annually apply for renewal of certification according to the standard renewal procedure under Chapter 4745. of the Revised Code.
The director may require the center at any time to send samples of any material collected or processed by the center, together with the results of applicable tests, to the department of health.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.04 | Certification Denied, Revoked or Suspended.

Effective:
September 19, 1975
Latest Legislation:
House Bill 554 - 111th General Assembly
Certification of a plasmapheresis center may be denied, revoked, or suspended if the director of health finds that the center is not in compliance with this chapter and the rules adopted thereunder, or if the examination of samples and test results submitted under section 3725.03 of the Revised Code reveals noncompliance with such rules. The director shall notify the owner of the center of the proposed action and the violation or information on which it is based. If the owner requests a hearing within seven working days of the receipt of notice, certification shall not be revoked or suspended prior to the hearing, except that certification may be temporarily suspended if the director finds that the public health and safety is in imminent danger.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.05 | Federal Requirements for Collection of Plasma.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
No plasmapheresis center shall be certified by the director of health unless all federal requirements for the collection of plasma by plasmapheresis under the "Public Health Service Act," 58 Stat. 682 (1944) 42 U.S.C. 201, as amended, are met and:
(A) A test approved by the director of health for hepatitis B antigen is made on a sample of blood taken from the donor at the time of blood collection;
(B) No person who has ever shown a positive test for hepatitis B antigen or who has a history of hepatitis serves as a donor for plasma, with the exception of plasma intended for special purposes approved by the director of health;
(C) A qualified licensed physician, known as the medical director, is responsible for compliance with this chapter and rules adopted thereunder, and for maintaining the health and safety of participants in the plasmapheresis procedure;
(D) One of the following individuals is in attendance at all times when a donor is undergoing plasmapheresis and is responsible for supervising the procedure and the maintenance of sterile technique:
(1) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(2) A licensed practical nurse or registered nurse as defined in section 4723.01 of the Revised Code;
(3) An individual who is certified as an emergency medical technician-intermediate or emergency medical technician-paramedic under Chapter 4765. of the Revised Code, but is not attending or supervising the procedure or maintaining sterile technique in the individual's capacity as an emergency medical technician;
(4) Another qualified medical staff person, including a medical technologist, approved by the director of health.
(E) Handwashing facilities are present in the room where the blood is drawn and in the room where the formed elements are separated from the plasma.
Last updated July 31, 2023 at 4:51 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3725 | Plasmapheresis Centers › Section 3725.06 | Monthly Report to Health Commissioner.

Effective:
September 19, 1975
Latest Legislation:
House Bill 554 - 111th General Assembly
Each plasmapheresis center shall report monthly to the health commissioner of the city or general health district or other administrator of public health appointed under Chapter 3709. of the Revised Code for the health district in which the center is located, the total number of plasma donations received, the total number of hepatitis B antigen positive donations received, and the names of all hepatitis B antigen positive donors. Each plasmapheresis center shall also report to such administrator the names of all personnel and donors who develop hepatitis or other diseases or serious reactions related to plasmapheresis, and shall report immediately the names of all donors testing positive for syphilis.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.01 | Definitions.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
As used in this chapter:
(A) "Abortion facility" means any of the following in which abortions are induced or performed:
(1) Ambulatory surgical facility as defined in section 3702.30 of the Revised Code;
(2) Any other facility in which abortion is legally provided.
(B) "Cremation" has the same meaning as in section 4717.01 of the Revised Code.
(C) "Fetal remains" means the product of human conception that has been aborted. If a woman is carrying more than one zygote, blastocyte, embryo, or fetus, such as in the incidence of twins or triplets, each zygote, blastocyte, embryo, or fetus or any of its parts that is aborted is a separate product of human conception that has been aborted.
(D) "Interment" means the burial or entombment of fetal remains.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.02 | Fetal Remains Disposition by Cremation or Interment.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) Final disposition of fetal remains from a surgical abortion at an abortion facility shall be by cremation or interment.
(B) The cremation of fetal remains under division (A) of this section shall be in a crematory facility, in compliance with Chapter 4717. of the Revised Code.
(C) As used in this section, "crematory facility" has the same meaning as in section 4717.01 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.03 | Pregnant Woman Rights for Fetal Remains Disposition.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) A pregnant woman who has a surgical abortion has the right to determine both of the following regarding the fetal remains:
(1) Whether the final disposition shall be by cremation or interment;
(2) The location for the final disposition.
(B) A pregnant woman who has a surgical abortion shall be provided with a notification form described in division (A) of section 3726.14 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.04 | Exercise of Rights by Adult or Minor Pregnant Woman.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A)(1) If a pregnant woman desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section 3726.14 of the Revised Code. The determination must clearly indicate both of the following:
(a) Whether the final disposition will be by cremation or interment;
(b) Whether the final disposition will be at a location other than one provided by the abortion facility.
(2) If a pregnant woman does not desire to exercise the rights under division (A) of section 3726.03 of the Revised Code, the abortion facility shall determine whether final disposition shall be by cremation or interment.
(B)(1) A pregnant woman who is under eighteen years of age, unmarried, and unemancipated shall obtain parental consent from one of the person's parents, guardian, or custodian to the final disposition determination she makes under division (A)(1) of this section. The consent shall be made in writing using a form prescribed by the director under division (B) of section 3726.14 of the Revised Code.
(2) The consent under division (B)(1) of this section is not required for a pregnant woman exercising her rights under division (A) of section 3726.03 of the Revised Code if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion was issued under section 2151.85 or division (C) of section 2919.121 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.041 | Exercise of Rights Involving Multiple Zygotes, Blastocytes, Embryos, or Fetuses.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) A pregnant woman who is carrying more than one zygote, blastocyte, embryo, or fetus, who desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, shall complete one form under division (A)(1) of section 3726.04 of the Revised Code for each zygote, blastocyte, embryo, or fetus that will be aborted.
(B) A pregnant woman who obtains parental consent under division (B)(1) of section 3726.04 of the Revised Code shall use one consent form for each zygote, blastocyte, embryo, or fetus that will be aborted.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.042 | Disposition for Each Zygote, Blastocyte, Embryo, or Fetus.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A form used under section 3726.04 of the Revised Code that covers more than one zygote, blastocyte, embryo, or fetus that will be aborted is invalid.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.05 | Release of Fetal Remains After Disposition Determination.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility may not release fetal remains from a surgical abortion, or arrange for the cremation or interment of such fetal remains, until it obtains a final disposition determination made, and if applicable, the consent made, under section 3726.04 or 3726.041 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.09 | Payment of Fetal Remains Disposition Costs.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) Except as provided in division (B) of this section, an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility.
(B) If the disposition determination made under division (A)(1) of section 3726.04 or 3726.041 of the Revised Code identifies a location for final disposition other than one provided by the abortion facility, the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.10 | Fetal Remains Disposition Documented in Pregnant Woman's Medical Records.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall document in the pregnant woman's medical record the final disposition determination made, and if applicable, the consent made, under section 3726.04 or 3726.041 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.11 | Abortion Facility Maintain Documentation of Disposition Date and Method.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.12 | Abortion Facility Written Policy and Procedures for Cremation or Interment.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.13 | Abortion Facility Maintain List of Disposition Locations.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall develop and maintain a written list of locations at which it provides or arranges for the final disposition of fetal remains from surgical abortions.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.14 | Rulemaking Authority of Director of Health.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
Not later than ninety days after the effective date of this section , the director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to carry out sections 3726.01 to 3726.13 of the Revised Code, including rules that prescribe the following:
(A) The notification form informing pregnant women who seek surgical abortions of the following:
(1) The right to determine final disposition of fetal remains under division (A) of section 3726.03 of the Revised Code;
(2) The available options for locations and methods for the disposition of fetal remains.
(B) The consent form for purposes of section 3726.04 or 3726.041 of the Revised Code;
(C)(1) A detachable supplemental form to the form described in division (B)(4) of section 2317.56 of the Revised Code that meets the following requirements:
(a) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected;
(b) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains;
(c) Provides for the signature of the physician who is to perform or induce the abortion;
(d) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature.
(2) If a medical emergency or medical necessity prevents the pregnant woman from completing the detachable supplemental form, procedures to complete that form a reasonable time after the medical emergency or medical necessity has ended.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.15 | Immunity for Person Burying of Cremating Fetal Remains.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that person does all of the following:
(A) Acts in good faith compliance with this chapter and, if applicable, section 4717.271 of the Revised Code;
(B) Receives a copy of a properly executed detachable supplemental form described in division (C)(1) of section 3726.14 of the Revised Code;
(C) Acts in furtherance of the final disposition of the fetal remains.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.16 | Applicability of Conflicting Laws or Regulations.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
Except for the requirements of section 3705.20 of the Revised Code, no conflicting provision of the Revised Code or conflicting procedure of an agency or board shall apply regarding a person who buries or cremates fetal remains in accordance with section 3726.15 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.95 | Pregnant Women Not Guilty of Crime.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of section 3726.99 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion › Section 3726.99 | Prohibition and Penalty for Fetal Remains Disposition Compliance Failure.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) No person shall fail to comply with section 3726.02, 3726.05, 3726.10, or 3726.11 of the Revised Code.
(B) Whoever knowingly violates division (A) of this section is guilty of failure to dispose of fetal remains humanely, a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.02 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Certifying or Accrediting Requirements for Hospitals.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) No person and no political subdivision, agency, or instrumentality of this state shall operate a hospital unless it is certified under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is accredited by a national accrediting organization approved by the centers for medicare and medicaid services.
(B) No person and no political subdivision, agency, or instrumentality of this state shall hold out as a hospital any health facility that is not certified or accredited as required in division (A) of this section.
Last updated September 28, 2021 at 6:31 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.03 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Proof of Certification or Accreditation.

Effective:
March 3, 1983
Latest Legislation:
House Bill 173 - 114th General Assembly
The director of health shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code establishing procedures under which hospitals shall provide the department of health in a timely fashion with proof of the certification or accreditation required by division (A) of section 3727.02 of the Revised Code and under which the department shall institute proceedings to close a hospital upon ascertaining that it is not thus certified or accredited.
Last updated September 28, 2021 at 6:31 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.04 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Inspections.

Effective:
March 3, 1984
Latest Legislation:
House Bill 173 - 114th General Assembly
In addition to any other inspections authorized by law, the director of health may inspect any hospital if there are substantial allegations or evidence of a significant deficiency or deficiencies that would, if found to be present, adversely affect the health or safety of its patients and may make such other inspections as are necessary to enforce this chapter.
Last updated September 28, 2021 at 6:32 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.05 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Injunctions.

Effective:
March 3, 1984
Latest Legislation:
House Bill 173 - 114th General Assembly
The director of health may petition the court of common pleas of the county in which a hospital is located for an order enjoining any person or any political subdivision, agency, or instrumentality of this state from violating section 3727.02 of the Revised Code. Irrespective of any other remedy the director may have in law or equity, the court may grant the order upon a showing that the respondent named in the petition is violating section 3727.02 of the Revised Code.
Last updated September 28, 2021 at 6:32 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.07 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Maternity and Psychiatric Units Exempted.

Effective:
March 3, 1983
Latest Legislation:
House Bill 173 - 114th General Assembly
Nothing in this chapter shall be construed to exempt a hospital with a maternity unit from the licensure requirements of Chapter 3711. of the Revised Code or exempt a hospital with a psychiatric unit from the licensure requirements of Chapter 5119. of the Revised Code.
Last updated October 7, 2022 at 4:44 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3727 | Hospitals › Section 3727.08 | Protocols for Interviews and Photographs of Domestic Violence Victims.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
Not later than ninety days after the effective date of this section, every hospital shall adopt protocols providing for conducting an interview with the patient, for conducting one or more interviews, separate and apart from the interview with the patient, with any family or household member present, and for creating whenever possible a photographic record of the patient's injuries, in situations in which a doctor of medicine or osteopathic medicine, hospital intern or resident, or registered, advanced practice registered, or licensed practical nurse knows or has reasonable cause to believe that the patient has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code.