reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-45 - Ohio Hearing Aid Assistance Program › Section 3701-45-04 - Requirements for audiologists and hearing aid dealers and fitters participating in the Ohio hearing aid assistance program

Current through all regulations passed and filed through July 1, 2024
(A)
								 An audiologist
			 or hearing aid dealer and fitter requesting financial assistance on behalf of a
			 family shall submit an application package in the manner and format prescribed
			 by the director.
(B)
								 The application package shall minimally include:
(1)
									 An application
			 from the eligible family meeting the requirements set forth in rule
			 3701-45-03
			 of the Administrative Code.
(2)
									 A provider form
			 as prescribed by the director that includes the following:
(a)
										 Audiology or
			 hearing aid dealer and fitter practice information;
(b)
										 Specific hearing
			 aid or aids to be purchased;
(c)
										 Audiogram and
			 other diagnostic audiology test results for the child; and
(d)
										 The signature of
			 the audiologist or hearing aid dealer and fitter.
(e)
										 A written
			 statement signed by a licensed physician that states the eligible child's
			 hearing loss has been medically evaluated and the patient may be considered a
			 candidate for a hearing aid. The medical evaluation must have take place within
			 the preceding six months.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-46 - Hearing Assessment of Newborns › Section 3701-46-01 - Notification and detachable supplement

Current through all regulations passed and filed through July 1, 2024
(A)
								The director will
			 develop and make available a notification form that informs a pregnant woman of
			 the right to determine whether final disposition will be by interment or
			 cremation and the location of the final disposition in accordance with division
			 (A) of section
			 3726.03
			 of the Revised Code.
(B)
								The director will develop and make available a
			 detachable supplemental form to the form described in division (B)(4) of
			 section
			 2317.56
			 of the Revised Code. The detachable supplemental form will be used by a
			 pregnant woman to exercise her rights under division (A) of section
			 3726.03
			 of the Revised Code. The detachable supplemental form will provide for the
			 following:
(1)
									Allow a pregnant woman to determine the following:
(a)
										Whether the
			 disposition of fetal remains will be by interment or cremation;
(b)
										The location of
			 the disposition of the fetal remains either at a location of the pregnant
			 woman's choosing or a location provided by the abortion facility. Locations for
			 interment provided by the abortion facility will be limited to cemeteries
			 registered pursuant to Chapter 4767. of the Revised Code;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-46 - Hearing Assessment of Newborns › Section 3701-46-02 - Consent form for disposition of fetal remains

Current through all regulations passed and filed through July 1, 2024
(A)
								The director will
			 develop and make available a consent form as required in division (B)(1) of
			 section
			 3726.04
			 of the Revised Code. This form will be used if the pregnant woman is under
			 eighteen years of age, and will include a place for a parent, guardian, or
			 custodian to consent, unless:
(1)
									The pregnant woman is married; or
(2)
									The pregnant
			 woman is emancipated.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-47 - Abortion › Section 3701-47-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules 3701-47-01 to 3701-47-07 of the Ohio Sanitary
				Code;
(A) "Abortion" means, as
			 defined by section 2919.11 of the Revised Code, the
			 purposeful termination of a human pregnancy by any person, including the
			 pregnant woman herself, with an intention other than to produce a live birth or
			 to remove a dead fetus or embryo. Abortion is the practice of medicine or
			 surgery for the purpose of section
			 4731.41 of the Revised Code.
(B) "Conceptus" means the product
			 of human conception.
(C)
			 "Department" means the department of health of the state of Ohio.
(D) "Director" means the director of health
			 of the state of Ohio.
(E) "Fetus"
			 means the developing conceptus from fourteen (14) weeks after the first day of
			 the woman's last menstrual period until birth.
(F) "Gestation" means pregnancy.
(G) "Hospital" means any building, structure,
			 institution, or place devoted primarily to the maintenance and operation of
			 facilities for the diagnosis, treatment, and medical or surgical care for three
			 or more non-related individuals, suffering from illness, disease, injury or
			 deformity, and regularly making available at least clinical laboratory
			 services, and diagnostic X-ray services and treatment facilities for surgery or
			 obstetrical care, or other definitive medical treatment. It does not include a
			 "home" as defined in sec.
			 3721.01 of the Revised Code.
(H) "Pathologist" means a
			 physician licensed to practice in Ohio with special training in the pathology
			 of tissues.
(I) "Post-abortion
			 care" means care given after the uterus has been evacuated by abortion.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-47 - Abortion › Section 3701-47-02 - Post-abortion procedures

Current through all regulations passed and filed through July 1, 2024
In all abortions upon a woman whose conceptus, in the best
				judgment of the attending physician, is a fetus as defined in rule
				3701-47-01, the
				physician shall effect compliance with the following:
(A) Immediate post-abortion care shall be
			 provided in a hospital.
(B)
			 Written and oral discharge instructions shall be issued to each woman which
			 shall include, but not be limited to, the following:
(1) Symptoms of complications to be looked
			 for and recommended response to any such symptoms;
(2) Activities to be avoided;
(3) Notification of a 24-hour emergency
			 service;
(4) Comprehensive birth
			 control information;
(5) The date
			 for follow-up or return visit after the performance of the abortion, which
			 shall be scheduled as indicated by the condition of the patient and
			 instructions on the importance of a follow-up visit;
(6) Use of appropriate medications, when
			 indicated;
(7) Instructions about
			 the care of her body.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-47 - Abortion › Section 3701-47-05 - Humane disposition of the product of conception

Current through all regulations passed and filed through July 1, 2024
(A) The fetus shall
			 be disposed of in a humane manner.
(B) No person shall experiment upon or sell
			 the product of human conception which is aborted. Experiment does not include
			 autopsies pursuant to sections
			 313.13 and
			 2108.50 of the Revised Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-47 - Abortion › Section 3701-47-06 - Counseling

Current through all regulations passed and filed through July 1, 2024
(A) The fact of the
			 availability of both pre-abortion and post-abortion counseling for herself and
			 other persons of her choosing shall be made known by the physician, to each
			 woman who is seeking the abortion of a fetus.
(B) Counseling shall be non-judgmental,
			 regardless of the circumstances of the pregnancy, but shall not be forced upon
			 the woman.
(C) The woman shall be
			 treated in a safe, humane and dignified manner during the counseling period and
			 throughout her stay at the place where the abortion is performed.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-47 - Abortion › Section 3701-47-07 - Appropriate methods for determining presence of a fetal heartbeat

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this chapter:
(1)
									"Fetal heartbeat"
			 means cardiac activity or the steady and repetitive rhythmic contraction of the
			 fetal heart within the gestational sac.
(2)
									"Gestational age"
			 means the age of an unborn human individual as calculated from the first day of
			 the last menstrual period of a pregnant woman.
(3)
									"Standard medical
			 practice" means the degree of skill, care, and diligence that a physician of
			 the same medical specialty would employ in like circumstances. As applied to
			 the method used to determine the presence of a fetal heartbeat for purposes of
			 section
			 2919.192
			 of the Revised Code, "standard medical practice" includes employing the
			 appropriate means of detection depending on the estimated gestational age of
			 the fetus and the condition of the woman and her pregnancy.
(4)
									"Unborn human
			 individual" means an individual organism of the species homo sapiens from
			 fertilization until live birth.
(5)
									"Immediately"
			 means no more than sixty minutes prior to the performance or inducement of a
			 surgical abortion and no more than sixty minutes prior to the writing of a
			 prescription for the purposes of performing or inducing a medical
			 abortion.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-48 - Save Our Sight Fund › Section 3701-48-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter, unless the context clearly requires
				otherwise:
(A) "501 (c) organization"
			 means an organization exempt from federal income taxation pursuant to
			 26 U.S.C.
			 501(a) and (c) (as in effect
			 on January 1, 2009).
(B)
			 "Administrative costs" means expenses incurred in managing, monitoring and
			 evaluating the save our sight fund for accountability and effectiveness.
			 Administrative expenses include, but are not limited to, salaries, benefits,
			 and other expenses incurred by the director in controlling and directing the
			 fund.
(C) "Amblyopia" means
			 reduced vision in an eye that has not received adequate use during early
			 childhood.
(D) "Child" means
			 an
			 individual from birth to eighteen years of age.
(E) "Department" means the Ohio department of
			 health.
(F) "Director" means the
			 director of health or the director's designee.
(G) "Protective eyewear" means industrial
			 quality eye protective devices that 
								bear the seal of approval from the
								American national standards
			 institute"ANSI," the national operating committee on standards for
			 athletic equipment "NOCSAE," or other approved protective devices for the
			 head and eyes.
(H) "Registry"
			 means a statewide listing or database of children who have been diagnosed with
			 amblyopia.
(I) "Save our sight
			 fund" means the fund created in the state treasury pursuant to section
			 3701.21 of the Revised Code
			 consisting of voluntary contributions deposited as provided in section
			 4503.104 of the Revised Code.
(J) "Vision services" includes,
			 but is not limited to, education, technical assistance to other agencies or
			 direct patient care in the discipline of vision or vision health and safety.
Five Year Review (FYR) Dates:
				01/15/2016 and
				01/15/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3701.21
Rule
				Amplifies: 3701.21
Prior
				Effective Dates: 9/6/1999, 7/22/04,
				3/28/11
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-48 - Save Our Sight Fund › Section 3701-48-02 - Procedures and parameters for 501 (c) organizations to request funding from the save our sight fund

Current through all regulations passed and filed through July 1, 2024
(A) A 501 (c) organization that wishes to
			 obtain funding from the save our sight fund shall respond to a request for
			 proposals issued by the director. 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.
(B) Any response to a request for proposals
			 for grants shall be submitted to the department by the date required in the
			 request for proposals and shall comply with the procedures outlined in the
			 department's "Ohio Grants Administrative Policy and Procedures" (OGAPP),
			 available at
https://odh.ohio.gov/wps/portal/gov/odh/about-us/funding-opportunities/resources/grants-administration-policies-and-procedures-ogapp-manual
under "referenced material."
(C) To
			 be eligible for funding from the save our sight fund, the applicant must
			 submit:
(1) Proof of 501 (c) organizational
			 status;
(2) A statement of the
			 purpose for the use of funds;
(3)
			 Budget proposal for the use of funds;
(4) Project goals, objectives, activities,
			 resources, evaluation procedures, demonstrated experience in the delivery of
			 vision services in all counties of the state, statewide impact of the project,
			 and letters of support.
(5) Any
			 other information required by a specific request for proposals.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-48 - Save Our Sight Fund › Section 3701-48-03 - Save our sight fund

Current through all regulations passed and filed through July 1, 2024
The director of health shall use the money in the save our
				sight fund in accordance with the following:
(A) The award of grants in accordance with
			 rule
			 3701-48-02
			 of the Administrative Code;
(B)
			 The development of informational materials on the importance of eye care and
			 safety and distribution of such materials to the registrar of motor vehicles
			 and each deputy registrar; and
(C)
			 Administrative costs incurred by the department including the collection,
			 review, and evaluation of data and information to ensure program effectiveness
			 and accountability of the grantees and the fund.
Five Year Review (FYR) Dates:
				01/15/2016 and
				01/15/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3701.21
Rule
				Amplifies: 3701.21
Prior
				Effective Dates: 5/18/2009
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-49 - Fees for Laboratory Services › Section 3701-49-01 - Fees for laboratory services

Current through all regulations passed and filed through July 1, 2024
(A) Unless exempted under paragraph (B) or
			 (C) of this rule, the director of health shall charge a fee for each laboratory
			 specimen or sample submitted according to the schedule in rule 3701-49-01.1 of
			 the Administrative Code.
(B) The
			 charging of fees for the following laboratory tests would significantly and
			 adversely affect the public health and the fees shall not be charged for:
(1) Laboratory tests authorized by the
			 director of health as part of an epidemiological investigation supervised by
			 the department of health.
(2)
			 Laboratory tests on specimens or samples submitted by the health commissioner
			 of any city or general health district as part of an epidemiological
			 investigation if the director of health determines that the charging of a fee
			 would significantly and adversely affect the public health and prior
			 arrangements are made with the director to make the tests.
(3) Specimens from
			 food handlers involved in any food operation except in a private home, if the
			 food handler is suspected of being infected with any disease.
(4)
			 Specimens for salmonellosis, shigellosis, amebiasis or other enteric disease
			 from individuals who are contacts with individuals suspected of having these
			 diseases. This exemption shall be limited to one diagnostic specimen and shall
			 not include repeat tests.
(5) Cultures received
			 from other clinical laboratories in Ohio for
			 identification, grouping or typing.
(6) Rabies
			 examinations of animals involving possible human or animal exposure, or having
			 symptoms suspicious of rabies but excluding rabies examinations of pet rodents
			 or of rabbits, chipmunks, squirrels, voles,
			 shrews, mice and rats unless specifically
			 exempted by the public health veterinarian.
(7)
									Genetic, endocrine, and metabolic
									testing of
			 newborn infant screening 
									kits which are 
									ordered by
			 local health departments for newborns delivered at home.
(8)
									Testing of environmental biothreat/bioterrorism samples
			 submitted by a law enforcement or local public health agency as part of a
			 biothreat/bioterrorism investigation. This exemption will not be applicable
			 when a court determines restitution by an individual(s) responsible for the
			 biothreat/bioterrorism event is required.
(9) Other tests
			 relative to which the director determines, on a case-by-case basis, that the
			 charging of a fee would significantly and adversely affect the public health.
			 In such a case, the director may exempt the test from the fee for a period of
			 one hundred twenty days.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-49 - Fees for Laboratory Services › Section 3701-49-01.1 - Fees for laboratory services (variable fees)

Current through all regulations passed and filed through July 1, 2024
(A) Unless exempted under paragraph (B) or
			 (C) of rule
			 3701-49-01 of the Administrative
			 Code, the director of health 
								will charge and collect a fee for each parameter
			 or group of parameters in the 
								microbiological, chemical, or radiological analyses of
			 environmental and human samples or the
			 toxicological analysis of body fluid as set forth in this rule.
(1) Radiological testing of environmental
			 samples
Radioactivity
COST
Gross alpha (non-potable water)
$
						  35.00
Gross alpha and beta smears (decommissioning projects,
						  etc.)
35.00
Gross alpha (air filter)
100.00
Gross alpha (soil)
100.00
Gross beta (non-potable water)
100.00
Tritium (liquid scintillation counting)
30.00
Gross alpha and beta (milk, soil, sediment, vegetation,
						  etc.)
85.00
Gamma scan (non-potable water, charcoal cartridge,
						  airfilters)
75.00
Gamma scan (milk)
45.00
Gamma scan (soil, sediment, vegetation, fish, meat
						  [boneless samples, not whole animals])
95.00
Radium 226 and Radium 228 (Gamma scan following
						  twenty-one day incubation period)
150.00
(2)
			 Genetic, endocrine and metabolic screening of newborn infants
Newborn screen
$
															63.46
**
**This fee is in addition to the fee collected pursuant to rule
				3701-55-20 of the Administrative
				Code.
(3) Microbiology
			 testing
(a) General bacteriology unit
Identification/confirmation
$
						  30.00 *
Stool-positive
15.00
Stool-negative
12.00
Food screen
50.00
Sero-group-Shigella
10.00
Sero-group- Salmonella
25.00 *
Sero-group-Haemophilus
20.00 *
Sero-group- Neisseria meningitis
20.00 *
(b)
			 Virus isolation unit
Rabies examination
$
						  30.00
HIV EIA
6.75
HIV Western Blot
32.50
(c)
			 Special microbiology unit
Botulism
$
						  40.00
Legionnaires-cultures
30.00 *
Campylobacter
20.00
Yersinia
20.00
(d)
			 Mycology/parasitology unit
DFA for Giardia and Cryptosporidium
$
						  10.00
Stool-parasitology
15.00
(e)
			 Mycobacteriology
Clinical material-mycobacteriology
$
						  20.00
Smear-mycobacteriology
7.50
ID-mycobacteriology
27.50 *
Drug sensitivity (mycobac.)
20.00
* exempt for pure cultures
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-49 - Fees for Laboratory Services › Section 3701-49-01.3 - When director may refuse to test

Current through all regulations passed and filed through July 1, 2024
The director of health or his authorized representative may
				refuse to accept any specimen for testing, unless the test is being performed
				under a contract negotiated between the department and any party or funded by a
				grant or other financial arrangement with the department, for any appropriate
				reason including but not limited to the following:
(A) The test is one not normally performed by
			 the laboratory;
(B) The laboratory does not have the
			 necessary equipment or facilities to perform the test; or,
(C)
								The specimen does
			 not meet the required acceptance criteria.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-49 - Fees for Laboratory Services › Section 3701-49-02 - Procedures for administration of laboratory fee

Current through all regulations passed and filed through July 1, 2024
The director of health shall develop as appropriate procedures
				for the administration of this laboratory fee charge program to include but to
				not be limited to the following:
(A)
			 Systems for the payment and collection of fees charged by a department of
			 health laboratory including prepurchased newborn screening kits
			 or other system of payment as appropriate.
(B) Proper accounting procedures to insure
			 all fees are collected and accounted for.
(C) Instructions for the submission of
			 specimens including the protection of specimens during shipment.
(D) Forms necessary for making application to
			 the laboratory for testing services, for the purchase of
			 newborn
			 screening kits and payment of fees, reporting of test results, and other
			 forms as appropriate.
Effective:
				3/28/2011
R.C. 119.032 review dates:
				12/16/2010 and
				01/06/2016
Promulgated
				Under: 119.03
Statutory Authority: 3701.221
Rule
				Amplifies: 3701.23
Prior Effective Dates:
				8/15/81
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-50 - Infant Mortality Scorecard › Section 3701-50-01 - Identification of urban and rural communities having higher infant mortality rates

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purposes
			 of this rule, infant mortality is defined as the death of a live-born baby
			 before his or her first birthday. Infant mortality rates presented by the Ohio
			 department of health are calculated using the number of infant deaths in a
			 specific year as the numerator and the number of live births within that same
			 year as the denominator.
(B)
								Urban and rural communities will be identified and
			 reported on the Ohio department of health scorecard as described in section
			 3701.953 of the Revised Code
			 --"Infant Mortality Scorecard."
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-51 - Public Notice › Section 3701-51-01 - Public notice - rulemaking hearings and draft rule e-notification

Current through all regulations passed and filed through July 1, 2024
(A)
								 Public notice of
			 the intention of the director of health to conduct a public hearing on the
			 proposal to adopt, amend, or rescind a rule pursuant to section
			 119.03 of the Revised Code shall
			 be published in the register of Ohio at least thirty days prior to the date set
			 for the public hearing. The notice shall contain:
(1)
									 A statement of
			 the director's intention to consider adopting, amending, or rescinding a
			 rule;
(2)
									 A synopsis of the proposed rule, amendment, or rule to
			 be rescinded or a general statement of the subject matter to which the proposed
			 rule, amendment, or rescission relates;
(3)
									 A statement of
			 the reason or purpose for adopting, amending, or rescinding the rules;
			 and
(4)
									 The date, time, and place of the public hearing on the
			 proposed action, which shall not be earlier than the thirty-first or later than
			 the fortieth day after the proposed rule, amendment, or rescission is
			 filed.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-02 - Responsibilities of proprietor

Current through all regulations passed and filed through July 1, 2024
(A) Except as permitted in section
			 3794.03 of the Revised Code, no
			 proprietor will permit smoking in the public place or place of
			 employment or in the areas directly or indirectly under the control of the
			 proprietor immediately adjacent to locations of ingress or egress to the public
			 place or place of employment.
(B)
			 In addition to the requirements of paragraph (A) of this rule, a proprietor
			 will
			 take reasonable steps including requesting individuals to cease smoking, to ensure that tobacco
			 smoke, in an area directly or indirectly under the control of the proprietor,
			 does not enter any area in which smoking is prohibited under Chapter 3794. of
			 the Revised Code and this chapter through entrances, windows, ventilation
			 systems, or other means.
(C)
								For a public place or place of employment that includes
			 an "outdoor patio" as defined in paragraph (N) of rule
			 3701-52-01 of the Administrative
			 Code, the "outdoor patio":
(1)
									May be located immediately adjacent to locations of
			 ingress or egress to the public place or place of employment, but will be
			 physically separated from any enclosed area. Notwithstanding rule
			 3701-52-04 of the Administrative
			 Code, a proprietor will comply with divisions (A) and (B) of section
			 3794.02 of the Revised Code and
			 paragraphs (A) and (B) of rule
			 3701-52-02 of the Administrative
			 Code;
(2)
									When smoking is permitted, the outdoor patio will be
			 open to the air. For the purpose of this chapter, "open to the air" means the
			 patio has thorough, unobstructed circulation of outside air to all parts of the
			 outdoor patio.
(a)
										An outdoor patio will be presumed to be open to the air
			 when not more than fifty per cent of the combined surface area of an outdoor
			 patio's sides is covered by walls or side coverings. For purposes of division
			 (F) of section 3794.03 of the Revised Code, in
			 accordance with division (I) of section
			 3794.01 of the Revised Code,
			 "walls or side coverings" means barrier or obstruction, permanent or temporary,
			 that divides or encloses an area; and
(b)
										An outdoor patio
			 that has a structure capable of being enclosed, regardless of the materials or
			 removable nature of the walls or side coverings, will be regarded as an
			 enclosed area when the walls or coverings are in place and smoking will not be
			 permitted.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-03 - Responsibilities of individual

Current through all regulations passed and filed through July 1, 2024
(A) No person will refuse to
			 immediately discontinue smoking in a public place, place of employment, or the
			 areas directly or indirectly under the control of 
								a proprietor
			 thereof, or in an establishment, facility, or
			 outdoor area declared nonsmoking under section
			 3794.05 of the Revised Code when
			 requested to do so by the proprietor,
								
								owner, manager, operator, or other person in charge or
			 control of the public place, place of employment or establishment,
			 facility, or outdoor area, or by one of their
			 employees.
(B) No person
			 will
			 retaliate in any manner against any individual for exercising any right,
			 including reporting a violation, or performing any obligation under Chapter
			 3794. of the Revised Code or this chapter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-04 - Areas where smoking is not regulated

Current through all regulations passed and filed through July 1, 2024
(A) All areas set forth in section
			 3794.03 of the Revised Code
			 
								are
			 exempt from the provisions of Chapter 3794. of the Revised Code and this
			 chapter.
(B)
								A private
			 residence, except during the hours of operation as a child care facility for
			 compensation, is not subject to Chapter 3794. of the Revised Code or this
			 chapter:
(1) During the hours of operation as
			 a business by a person other than a person residing in the private residence,
			 or during the hours of operation as a business, when employees of the business,
			 who are not residents of the private residence or are not related to the owner,
			 are present; or
(2) In which an
			 individual is employed only on an intermittent basis. This includes, but is not
			 limited to, situations where individuals perform services for the owner of the
			 residence or individuals residing in the residence such as those services
			 performed by plumbers, electricians, remodelers, and housekeepers.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-05 - Exemption of retail tobacco stores

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purpose
			 of this rule, the exemption year is from April first of the year in which the
			 affidavit is submitted, to March thirty-first of the following
			 year.
(B)
								Retail tobacco stores as defined in section
			 3794.01 of the Revised Code may
			 be granted an exemption from regulation under Chapter 3794. of the Revised Code
			 and this chapter provided that each retail tobacco store requesting the
			 exemption meets the following:
(1)
									The retail tobacco store is in a freestanding structure
			 occupied solely by the retail tobacco store;
(2)
									Smoke from the
			 retail tobacco store does not migrate into any enclosed area where smoking is
			 prohibited under the provisions of chapter 3794. of the Revised
			 Code;
(3)
									The retail tobacco store will annually file with the
			 Ohio department of health an affidavit stating the percentage of its gross
			 revenue during the prior calendar year that was derived from the sale of
			 lighted or heated tobacco products and related smoking
			 accessories;
(4)
									Upon request of the Ohio department of health, the
			 retail tobacco store will provide additional information to assist the
			 department in the determination of whether the exemption is properly applicable
			 to a retail tobacco store. Additional information requested may include, but is
			 not limited to, documentation of nontobacco related product sales, change of
			 ownership, or business incorporation records; and
(5)
									The affidavit for
			 each exemption year, will be postmarked by January thirty-first of the year in
			 which the affidavit is submitted and will be mailed to the following
			 address:
"ATTN: Smoke-Free Workplace
				Program
Ohio Department of Health 246 North
				High Street
Columbus, OH 43215"
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-06 - Exemption of retail vapor stores

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purpose
			 of this rule, the exemption year is from April first of the year in which the
			 affidavit is submitted, to March thirty-first of the following year. The
			 affidavits approved by the director for use in requesting an exemption under
			 this rule are available online in the smoke-free workplace section of the Ohio
			 department of health website at odh.ohio.gov.
(B)
								Retail vapor
			 stores, as defined in division (I) of section
			 3794.01 of the Revised Code, may
			 be exempt from regulation under Chapter 3794. of the Revised Code and this
			 chapter provided that each retail vapor store claiming the exemption meets the
			 following:
(1)
									The retail vapor store will annually file with the Ohio
			 department of health an affidavit stating the percentage of its gross revenue
			 during the prior calendar year that was derived from the sale of vapor
			 products, electronic smoking devices, or other electronic smoking product
			 accessories;
(2)
									Upon request of the Ohio department of health, the
			 retail vapor store will provide additional information to assist the department
			 in the determination of whether the exemption is properly applicable to a
			 retail vapor store. Additional information requested may include, but is not
			 limited to, documentation of nonvapor related product sales or change of
			 ownership; and
(3)
									The affidavit for each exemption year, will be
			 postmarked by January thirty-first of the year in which the affidavit is
			 submitted and will be mailed to the following address:
"ATTN: Smoke-Free Workplace
				Program
Ohio Department of Health
246 North High Street
Columbus, OH 43215"
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-07 - Posting of signs; designation as nonsmoking place

Current through all regulations passed and filed through July 1, 2024
(A)
								In accordance
			 with section 3794.06 of the Revised Code, "No
			 Smoking" signs or the international "No Smoking" symbol (consisting of a
			 pictorial representation of a burning cigarette enclosed in a red circle with a
			 red bar across it) will be conspicuously posted, by either affixing to real
			 property or posting by other means, in every public place and place of
			 employment where smoking is not allowed by Chapter 3794. of the Revised Code
			 and this chapter, including at each entrance to the public place or place of
			 employment. All signs required by section
			 3794.06 of the Revised Code and
			 this rule will contain the telephone number 1-866-559-OHIO (6446) for reporting
			 violations and may also contain a designee's telephone number for reporting
			 violations.
(1)
									Signs will be of sufficient size to be clearly legible to a
			 person of normal vision throughout the areas they are intended to
			 mark.
(2)
									Signs posted in public places and places of employment
			 will be posted at a height and location easily seen by a person entering the
			 public place or place of employment.
(3)
									Signs posted in
			 vehicles will be firmly affixed to the vehicle dashboard, or firmly affixed to
			 each passenger door window, or firmly affixed to other areas visible to all
			 passengers.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-08 - Designation of authority

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "board of health" means the board of health of a city or general health
			 district, or the authority having the duties of a board of health in any city
			 as authorized by section
			 3709.05 of the Revised
			 Code.
(B)
								Pursuant to section
			 3794.07 of the Revised Code, the
			 director of health designates the boards of health to enforce the provisions of
			 Chapter 3794. of the Revised Code and this chapter.
(C)
								Pursuant to
			 section 3794.07 of the Revised Code, the
			 director of health may alternatively designate an agency or instrumentality of
			 the state, county, or municipal or township authority, not otherwise designated
			 in paragraph (B) of this rule, as the department of health's designee to
			 enforce the provisions of Chapter 3794. of the Revised Code and this chapter if
			 the agency or instrumentality meets the following criteria:
(1)
									Submits a letter
			 to the director of health requesting it be designated as an enforcement agent
			 of the Ohio department of health in a specific locality or
			 jurisdiction;
(2)
									The letter will indicate a commitment and capacity to
			 do all of the enforcement duties set forth in Chapter 3794. of the Revised
			 Code, this chapter, and as assigned by the director; and,
(3)
									The letter will
			 indicate a commitment to provide the necessary resources and personnel to
			 fulfill its designation.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-09 - Reports of violations; investigation; findings of violations; appeals

Current through all regulations passed and filed through July 1, 2024
(A)
								Reports of violations of the provisions of Chapter
			 3794. of the Revised Code and this chapter may be submitted to the department
			 by any member of the public by mail, electronic mail, online, and telephone. A
			 person does not have to disclose his or her identity in order to report a
			 violation. An anonymous complaint, alone, will not be sufficient evidence to
			 support a finding of violation of Chapter 3794. of the Revised Code or this
			 chapter.
(1)
									If
			 by mail, reports of violations may be directed to the Ohio department of health
			 at the following address:
"Attention: Smoke Free Workplace
				Program
Ohio Department of Health 246 North
				High Street
Columbus, Ohio 43215"
(2)
									If by
			 electronic mail, reports of violations may be sent to the Ohio department of
			 health at: nosmoke@odh.ohio.gov.
(3)
									Online reports of
			 violations may be entered into the Ohio department of health database
			 application at: smokecomplaintohio@odh.ohio.gov.
(4)
									If by telephone,
			 reports of violations may be reported to 1-866-559-OHIO (6446) or the telephone
			 number of a designee.
(5)
									A designee may receive reports of violation by mail,
			 electronic mail, or telephone.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-10 - Civil fines and penalties

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 section 3794.07 of the Revised Code, as
			 it pertains to proprietors, the amount of a fine for a violation of division
			 (A) or (B) of section
			 3794.02 or section
			 3794.06 of the Revised Code or
			 rule 3701-52-02 or
			 3701-52-07 of the Administrative
			 Code will be determined in accordance with the following schedule:
(1)
									First violation -
			 warning letter;
(2)
									Second violation - one hundred dollars;
(3)
									Third violation -
			 five hundred dollars;
(4)
									Fourth violation - one thousand dollars;
			 and,
(5)
									Fifth or subsequent violation - two thousand five
			 hundred dollars.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-02 - Expression of results

Current through all regulations passed and filed through July 1, 2024
(A)
								Tests to
			 determine the concentration of alcohol, drugs of abuse, a controlled substance
			 or metabolite of a controlled substance may be applied to blood, breath, urine,
			 or other bodily substances including oral fluid.
(B)
								Results are to be
			 expressed as equivalent to:
(1)
									Grams by weight of alcohol per one hundred milliliters
			 of whole blood, blood serum or plasma (grams per cent by
			 weight);
(2)
									Grams by weight of alcohol per two hundred ten liters
			 of breath;
(3)
									Grams by weight of alcohol per one hundred milliliters
			 of urine (grams per cent by weight).
(4)
									Nanograms by
			 weight of a drug of abuse, controlled substance or a metabolite of a controlled
			 substance per milliliter of blood, urine, oral fluid or other bodily
			 substance.
(5)
									Presence of a drug of abuse, controlled substance or
			 other impairing substance in oral fluid with the cut off level expressed in
			 nanograms per milliliter.
Replaces: 3701-53-01, 3701-53-02
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-03 - Breath tests

Current through all regulations passed and filed through July 1, 2024
(A)
								The instruments
			 listed in this paragraph are approved as evidential breath testing instruments
			 for use in determining whether a person's breath contains a concentration of
			 alcohol prohibited or defined by sections
			 4511.19, and/or
			 1547.11 of the Revised Code, or
			 any other equivalent statute or local ordinance prescribing a defined or
			 prohibited breath-alcohol concentration. The approved evidential breath testing
			 instruments are:
(1)
									BAC DataMaster, BAC DataMaster K, BAC DataMaster
			 cdm;
(2)
									Intoxilyzer model 5000 series 66, 68 and 68
			 EN;
(3)
									Intoxilyzer model 8000 (OH-5);
(4)
									Intox DMT (OH);
			 and
(5)
									Intoxilyzer model 9000 (OH).
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-04 - Blood, urine, oral fluid and other bodily substance tests

Current through all regulations passed and filed through July 1, 2024
(A)
								Approved techniques for the analysis of alcohol in
			 blood, urine, oral fluid and other bodily substances are:
(1)
									Gas
			 chromatography;
(2)
									Enzyme assays; or
(3)
									Other techniques
			 or methods, that have documented sensitivity, specificity, accuracy, precision,
			 linearity and are based on procedures which have been published in a peer
			 reviewed or juried scientific journal or thoroughly documented by the
			 designated laboratory director may be approved by the director.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-05 - Breath instrument checks, controls and certifications

Current through all regulations passed and filed through July 1, 2024
(A)
								For instruments listed under paragraphs (A)(1) and
			 (A)(2) of rule
			 3701-53-03 of the Administrative
			 Code:
(1)
									A
			 senior operator shall perform an instrument check no less frequently than once
			 every seven days in accordance with the appropriate instrument checklist for
			 the instrument being used. The instrument check may be performed anytime up to
			 one hundred ninety-two hours after the last instrument check.
(2)
									The instrument
			 shall be checked to detect radio frequency interference (RFI) using a hand-held
			 radio normally used by the law enforcement agency performing the instrument
			 check. The RFI detector check is valid when the evidential breath testing
			 instrument detects RFI or aborts a subject test. If the RFI detector check is
			 not valid, the instrument shall not be used until the instrument is
			 serviced.
(3)
									An instrument shall be checked using a solution
			 containing ethyl alcohol approved by the director. An instrument check result
			 is valid when the result of the instrument check is at or within five
			 one-thousandths (0.005) grams per two hundred ten
			 liters of the target value for that approved solution. Instruments with check
			 results outside the range specified in this paragraph will require the issue to
			 be identified, remediated and a successful check completed. If a second
			 instrument check result is also out of range, the instrument shall not be used
			 until the instrument is serviced or repaired.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-06 - Collection and handling of blood, urine and oral fluid specimens

Current through all regulations passed and filed through July 1, 2024
(A)
								All samples are to be collected in accordance with
			 section 4511.19 or section
			 1547.11 of the Revised Code, as
			 applicable.
(B)
								When collecting a blood sample, an aqueous solution of
			 a non-volatile antiseptic will be used on the skin. No alcohols will be used as
			 a skin antiseptic.
(C)
								Blood is to be drawn with a sterile dry needle into a
			 vacuum container with an anticoagulant according to the laboratory protocol as
			 written in the laboratory procedure manual based on the type of specimen being
			 tested. Anticoagulant coated vacuum tubes include standard purple, blue, green,
			 pink, tan, gray, yellow and white topped tubes.
(D)
								The collection of
			 a urine specimen will be witnessed to assure that the sample can be
			 authenticated. Urine is to be deposited into a clean glass or plastic screw top
			 container and capped or collected according to the laboratory protocol as
			 written in the laboratory procedure manual.
(E)
								The collection of
			 an oral fluid specimen is to be done according to the sample collection device
			 instructions.
(F)
								Blood, urine, and oral fluid containers are to be
			 sealed in a manner such that tampering can be detected and have a label which
			 contains at least the following information:
(1)
									Name of
			 subject;
(2)
									Date and time of collection;
(3)
									Name or initials
			 of person collecting the sample; and
(4)
									Name or initials
			 of person sealing the sample.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-08 - Qualifications of personnel

Current through all regulations passed and filed through July 1, 2024
(A)
								For laboratory
			 alcohol analysis:
(1)
									In order to qualify for a laboratory director permit,
			 an individual will:
(a)
										Be employed by a laboratory that has successfully
			 completed a proficiency examination administered by a national program for
			 proficiency testing;
(b)
										Possess at least two academic years of college
			 chemistry and at least two years of experience in a clinical or chemical
			 laboratory; and
(c)
										Possess a bachelor's degree or higher
			 degree.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-53 - Alcohol Testing › Section 3701-53-09 - Surveys and proficiency examinations

Current through all regulations passed and filed through July 1, 2024
(A)
								Laboratory
			 directors and laboratory technicians who apply for or are issued permits under
			 paragraph (A) of rule
			 3701-53-10 of the Administrative
			 Code are subject to surveys and proficiency examinations by representatives of
			 the director. A survey or proficiency examination may be conducted at the
			 director's discretion.
(1)
									A survey consists of a review of the permit holder's,
			 applicant's or laboratory's compliance with the requirements of this
			 chapter.
(2)
									A proficiency examination consists of an evaluation of
			 the permit holder's, applicant's or laboratory's ability to test samples
			 provided by a representative of the director or the successful completion of a
			 proficiency examination administered by a national program for proficiency
			 testing using the techniques or methods for which the permit is held or sought.
			 Proficiency examination samples may be:
(a)
										Mailed to the
			 facility where the permit holder or applicant uses or plans to use the permit;
			 or
(b)
										Presented in person by a representative of the director
			 at the facility where the permit holder or applicant uses or plans to use the
			 permit.