Chapter 3707 | Board of Health

Section
Section 3707.01 \| Powers of board - abatement of nuisances. Effective: June 23, 2021 Latest Legislation: Senate Bill 22 - 134th General Assembly PDF: Download Authenticated PDF (A) As used in this chapter, "isolation" and "quarantine" have the same meanings as in section 3701.13 of the Revised Code. (B) The board of health of a city or general health district shall abate and remove all nuisances within its jurisdiction. It may, by order, compel the owners, agents, assignees, occupants, or tenants of any lot, property, building, or structure to abate and remove any nuisance therein, and prosecute such persons for neglect or refusal to obey such orders. Except in cities having a building department, or otherwise exercising the power to regulate the erection of buildings, the board may regulate the location, construction, and repair of water closets, privies, cesspools, sinks, plumbing, and drains. In cities having such departments or exercising such power, the legislative authority, by ordinance, shall prescribe such rules and regulations as are approved by the board and shall provide for their enforcement. The board may regulate the location, construction, and repair of yards, pens, and stables, and the use, emptying, and cleaning of such yards, pens, and stables and of water closets, privies, cesspools, sinks, plumbing, drains, or other places where offensive or dangerous substances or liquids are or may accumulate. When a building, erection, excavation, premises, business, pursuit, matter, or thing, or the sewerage, drainage, plumbing, or ventilation thereof is, in the opinion of the board, in a condition dangerous to life or health, and when a building or structure is occupied or rented for living or business purposes and sanitary plumbing and sewerage are feasible and necessary, but neglected or refused, the board may declare it a public nuisance and order it to be removed, abated, suspended, altered, or otherwise improved or purified by the owner, agent, or other person having control thereof or responsible for such condition, and may prosecute the owner, agent, or other person having control thereof for the refusal or neglect to obey such order. The board may, by its officers and employees, remove, abate, suspend, alter, or otherwise improve or purify such nuisance and certify the costs and expense thereof to the county auditor, to be assessed against the property and thereby made a lien upon it and collected as other taxes.
Section 3707.011 \| Railroad rights-of-way to be kept free of dangerous refuse. Effective: November 28, 1991 Latest Legislation: House Bill 248 - 119th General Assembly PDF: Download Authenticated PDF (A) As used in this section, "railroad company" means a suburban railroad company or an interurban railroad company, as those terms are defined in section 4905.03 of the Revised Code. (B) A railroad company shall maintain railroad rights-of-way that it owns or controls and that are located within a city and within unincorporated areas of townships surrounded by the city in such condition as to keep them free of refuse of any kind or quantity reasonably expected to be dangerous to life or health, including at least garbage, bottles or other containers, and paper. Failure to so maintain such rights-of-way is a nuisance subject to this chapter. (C) A railroad company may bring a civil action to recover its costs in complying with this section, including attorney's fees, from the persons or entities responsible for depositing refuse on the rights-of-way.
Section 3707.02 \| Proceedings when order of board is neglected or disregarded. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When an order of the board of health of a city or general health district, made pursuant to section 3707.01 of the Revised Code, is neglected or disregarded, in whole or in part, the board may elect to cause the arrest and prosecution of all persons offending, or to perform, by its officers and employees, what the offending parties should have done. If the latter course is chosen, before the execution of the order is begun, the board shall cause a citation to issue and be served upon the persons responsible, if residing within the jurisdiction of the board, but if not, such citation shall be mailed to such persons by registered letter, if the address is known or can be found by ordinary diligence. If the address cannot be found, the board shall cause the citation to be left upon the premises, in charge of any person residing thereon, otherwise it shall be posted conspicuously thereon. The citation shall briefly recite the cause of complaint, and require the owner or other persons responsible to appear before the board at a time and place stated, or as soon thereafter as a hearing can be had, and show cause why the board should not proceed and furnish the material and labor necessary and remove the cause of complaint. If the persons cited appear, they shall be fully apprised of the cause of complaint and given a fair hearing. The board shall then make such order as it deems proper, and if material or labor is necessary to satisfy the order, and the persons cited promise, within a definite and reasonable time, to furnish them, the board shall grant such time. If no promise is made, or kept, the board shall furnish the material and labor, cause the work to be done, and certify the cost and expense to the county auditor. If the material and labor are itemized and the statement is accompanied by the certificate of the president of the board, attested by the clerk, reciting the order of the board and that the amount is correct, the auditor has no discretion, but shall place such sum against the property upon which the material and labor were expended, which shall, from the date of entry, be a lien upon the property and be paid as other taxes are paid.
Section 3707.021 \| Injunctive relief. Effective: October 2, 1969 Latest Legislation: House Bill 156 - 108th General Assembly PDF: Download Authenticated PDF When an order of the board of health of a city or general health district, made pursuant to section 3707.01 of the Revised Code, is not complied with in whole or in part, the board may petition the court of common pleas for an injunction requiring all persons to whom such order of the board is directed to comply with such order. The court of the county in which the offense is alleged to be occurring may grant such injunctive relief as the equities of the case require.
Section 3707.03 \| Correction of nuisance or unsanitary conditions on school property. Effective: October 1, 1953 Latest Legislation: Senate Bill 361 - 100th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district shall abate all nuisances and may remove or correct all conditions detrimental to health or well-being found upon school property by serving an order upon the board of education, school board, or other person responsible for such property, for the abatement of such nuisance or condition within a reasonable but fixed time. The board of health may appoint such number of inspectors of schools and school buildings as is necessary to properly carry out this section.
Section 3707.04 \| Quarantine regulations. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF In time of epidemic or threatened epidemic, or when a dangerous communicable disease is unusually prevalent, the board of health of a city or general health district, after a personal investigation by its members or executive officer to establish the facts in the case, and not otherwise, may impose a quarantine on vessels, railroads, or other public or private vehicles conveying persons, baggage, or freight, or used for such purpose. The board may make and enforce such rules and regulations as are wise and necessary for the protection of the health of the people of the community or state, but the running of any train or car on any steam or electric railroad, or of steamboats, vessels, or other public conveyances shall not be prohibited. A true copy of such quarantine rules and regulations shall be immediately furnished by such board to the department of health, and thereafter no change shall be made except by the order of the department or the board to meet a new and sudden emergency.
Section 3707.05 \| Board must secure approval of department of health in certain cases. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district shall not close public highways or prohibit travel thereon, interfere with public officers not afflicted with or directly exposed to a contagious or infectious disease, in the discharge of their official duties, or establish a quarantine of one municipal corporation or township against another municipal corporation or township, as such, without permission first obtained from the department of health and under regulations established by the department.
Section 3707.06 \| Notice to be given of prevalence of infectious diseases. Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF (A) Each physician or other person called to attend a person having cholera, plague, yellow fever, typhus fever, diphtheria, typhoid fever, or any other disease dangerous to the public health, or required by the department of health to be reported, shall report to the health commissioner within whose jurisdiction the sick person is found the name, age, sex, and color of the patient, and the house and place in which the sick person may be found. In like manner, the owner or agent of the owner of a building in which a person resides who has any of the listed diseases, or in which are the remains of a person having died of any of the listed diseases, and the head of the family, immediately after becoming aware of the fact, shall give notice thereof to the health commissioner. (B) No person shall fail to comply with the reporting requirements of division (A) of this section. (C) Information reported under this section that is protected health information pursuant to section 3701.17 of the Revised Code shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form. Last updated March 10, 2023 at 12:17 PM
Section 3707.07 \| Complaint concerning prevalence of disease - inspection by health commissioner. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When complaint is made or a reasonable belief exists that an infectious or contagious disease prevails in a house or other locality which has not been reported as provided in section 3707.06 of the Revised Code, the board of health of a city or general health district shall cause such house or locality to be inspected by its health commissioner, and on discovering that such disease exists, the board may send the person diseased to a hospital or other place provided for such person, or may restrain him and others exposed within such house or locality from intercourse with other persons, and prohibit ingress and egress to or from such premises.
Section 3707.08 \| Isolation of persons exposed to communicable disease - placarding of premises. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When a person known to have been exposed to a communicable disease declared quarantinable by the board of health of a city or general health district or the department of health is reported within its jurisdiction, the board shall at once restrict such person to his place of residence or other suitable place, prohibit entrance to or exit from such place without the board's written permission in such manner as to prevent effective contact with individuals not so exposed, and enforce such restrictive measures as are prescribed by the department. When a person has, or is suspected of having, a communicable disease for which isolation is required by the board or the department, the board shall at once cause such person to be separated from susceptible persons in such places and under such circumstances as will prevent the conveyance of the infectious agents to susceptible persons, prohibit entrance to or exit from such places without the board's written permission, and enforce such restrictive measures as are prescribed by the department. When persons have, or are exposed to, a communicable disease for which placarding of premises is required by the board or the department, the board shall at once place in a conspicuous position on the premises where such a person is isolated or quarantined a placard having printed on it, in large letters, the name of the disease. No person shall remove, mar, deface, or destroy such placard, which shall remain in place until after the persons restricted have been released from isolation or quarantine. Physicians attending a person affected with a communicable disease shall use such precautionary measures to prevent its spread as are required by the board or the department. No person isolated or quarantined by a board shall leave the premises to which he has been restricted without the written permission of such board until released from isolation or quarantine by it in acordance with the rules and regulations of the department.
Section 3707.09 \| Board may employ quarantine guards. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district may employ as many persons as are necessary to execute its orders and properly guard any house or place containing any person affected with or exposed to a communicable disease declared quarantinable by the board or the department of health. The persons employed shall be sworn in as quarantine guards, shall have police powers, and may use all necessary means to enforce sections 3707.01 to 3707.53, inclusive, of the Revised Code, for the prevention of contagious or infectious disease, or the orders of any board made in pursuance thereof.
Section 3707.10 \| Disinfection of house in which there has been a contagious disease. Effective: April 9, 1981 Latest Legislation: House Bill 965 - 113th General Assembly PDF: Download Authenticated PDF When a person affected with yellow fever, typhus fever, or diphtheria has recovered and is no longer liable to communicate the disease to others, or has died, the attending physician shall furnish a certificate of the recovery or death to the board of health of the city or general health district. As soon thereafter as the board considers it advisable, its health commissioner shall thoroughly disinfect and purify the house and contents of the house in which the affected person has been ill or has died, in accordance with the rules adopted by the department of health.
Section 3707.11 \| Application of quarantine or isolation orders. Effective: June 23, 2021 Latest Legislation: Senate Bill 22 - 134th General Assembly PDF: Download Authenticated PDF A board of health of a city or general health district, or the authority having the duties of a board of health under section 3709.05 of the Revised Code, may only issue a quarantine or isolation order under this chapter that applies to individuals who have been medically diagnosed with the disease that is the subject of the order or individuals who have come in direct contact with someone who has been medically diagnosed with the disease that is the subject of the order.
Section 3707.12 \| Destruction of infected property. Effective: April 9, 1981 Latest Legislation: House Bill 965 - 113th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district may destroy any infected clothing, bedding, or other article that cannot be made safe by disinfection, and shall furnish to the owner of the articles a receipt, of which the board shall keep a complete and accurate copy, for articles so destroyed. The receipt shall show the number, character, condition, and estimated value of the articles destroyed. When a building, hut, or other structure has become infected with a dangerous communicable disease, and cannot, in the opinion of the board, be made safe by disinfection, the board may have the building, hut, or other structure appraised and destroyed.
Section 3707.13 \| Compensation for property destroyed. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The legislative authority of the municipal corporation, upon the presentation of the original receipt or written statement of the appraisers for articles or houses destroyed pursuant to section 3707.12 of the Revised Code, shall pay to the owner thereof, or other person authorized by him to receive such payment, the estimated value of such destroyed articles, or such sum as the legislative authority deems just compensation therefor. If the owner is not satisfied with the amount so allowed he may sue for the value of such destroyed articles.
Section 3707.14 \| Maintenance of persons confined in quarantined house. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When a house or other place is quarantined because of contagious diseases, the board of health of the city or general health district shall provide, for all persons confined in such house or place, food, fuel, and all other necessaries of life, including medical attendance, medicine, and nurses when necessary. The expenses so incurred, except those for disinfection, quarantine, or other measures strictly for the protection of the public health, when properly certified by the president and clerk of the board, or health commissioner if there is no board, shall be paid by the persons quarantined, when able to make such payment, and when not, by the municipal corporation or township in which quarantined.
Section 3707.15 \| Employer of illegal alien with contagious or infectious disease to pay expense caused by disease. Effective: June 17, 1999 Latest Legislation: House Bill 35 - 123rd General Assembly PDF: Download Authenticated PDF As used in this section, "alien" means an individual who is not a citizen of the United States. Any person that employs an alien who is not legally present in the United States and has a contagious or infectious disease contracted before or during employment shall pay to the municipal corporation, township, or county in which the alien is employed any expense caused by the contagious or infectious disease. An employer is not subject to this section if the employer demonstrates that the alien was employed in compliance with the requirements of section 101(a) of the "Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8 U.S.C.A. 1324a, as amended, unless there is evidence that the employer complied with the act knowing that the alien is not legally present in the United States.
Section 3707.16 \| Attendance at gatherings by quarantined person prohibited. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF No person isolated or quarantined for a communicable disease declared by the board of health of a city or general health district or the department of health to require isolation or quarantine shall attend any public, private, or parochial school or college, Sunday school, church, or any other public gathering, until released from isolation or quarantine by the board. All school principals, Sunday school superintendents, or other persons in charge of such schools or other gatherings shall exclude any such person until he presents a written permit of the board to attend.
Section 3707.17 \| Quarantine in place other than that of legal settlement. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When a person with a contagious disease, quarantined in a county by a city or general health district, has a legal settlement in a municipal corporation or township within the same county but other than that in which quarantined, or has a legal settlement in another county of the state, and such person is unable to pay the expenses of the service provided under section 3707.14 of the Revised Code, the city or general health district rendering such service shall notify in writing the proper officials of the municipal corporation or township of legal settlement or the board of county commissioners of the county of legal settlement if such legal settlement is in another county that such services are being rendered. Such notice shall be sent within three days if the fact of nonresidence is disclosed upon the beginning of such service or admission to a hospital or other institution of quarantine, or within three days after the discovery of such fact if it is not so disclosed. Within twenty days after the discharge of such quarantined person, the health commissioner of the city or general health district shall send a notice of such discharge and a sworn statement of the expenses, either actual or at the established rate of the hospital or other institution of quarantine, to the proper officials of the municipal corporation or township of legal settlement or the board of county commissioners of the county of legal settlement if such legal settlement is in another county. Thereupon the municipal corporation or township of legal settlement or county of legal settlement if such legal settlement is in another county shall be liable to the city or general health district rendering such service, and shall pay for it within thirty days after date of the sworn statement of expenses. If the notice of the rendering of such service, required to be sent by the health commissioner, is not sent within three days after the disclosure by the person quarantined or the discovery of such nonresidence, the municipal corporation or township of legal settlement or the county of legal settlement if such legal settlement is in another county shall be liable only after the receipt of such notice. This section does not prevent the removal of such quarantined person by the municipal corporation, township, or county of legal settlement, at its expense, but such removal shall not relieve the municipal corporation, township, or county of legal settlement for the expenses previously incurred by the city or general health district in which such person has been quarantined. Any such person who does not, upon discharge, pay the expenses of such quarantine shall be deemed indigent insofar as the city or general health district is concerned. The municipal corporation, township, or county of legal settlement is hereby subrogated to all the rights of the city or general health district in which such service was rendered.
Section 3707.18 \| Expense of quarantining county public institution. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The expenses for quarantining a county home or other county public institution shall be paid by the county when properly certified by the president and clerk of the board of health, or health commissioner where there is no board, of the city or general health district in which such institution is located.
Section 3707.19 \| Disposal of body of person who died of communicable disease. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The body of a person who has died of a communicable disease declared by the department of health to require immediate disposal for the protection of others shall be buried or cremated within twenty-four hours after death. No public or church funeral shall be held in connection with the burial of such person, and the body shall not be taken into any church, chapel, or other public place. Only adult members of the immediate family of the deceased and such other persons as are actually necessary may be present at the burial or cremation.
Section 3707.20 \| Admission of person suffering from a contagious or infectious disease to certain institutions. Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF No person, who has a contagious or infectious disease, or who has been exposed to a contagious or infectious disease, may be sent or admitted to a prison; jail; workhouse; infirmary; children's home; state hospital or institution for persons who are blind, persons with mental illnesses, or persons with intellectual disabilities; school for the blind or deaf; or other state or county benevolent institution without first making known the facts concerning the illness or exposure to the superintendent or other person in charge thereof. When a dangerous, contagious, or infectious disease is in a jail or prison and a prisoner in the jail or prison exposed to the disease is sentenced to a state correctional institution, the prisoner shall be confined and isolated in the jail or prison or other proper place, upon the order of the proper court, for any time that is necessary to establish the fact that the prisoner has not contracted the disease. Last updated March 10, 2023 at 12:17 PM
Section 3707.21 \| Disease in public institution - temporary building. Effective: October 6, 1994 Latest Legislation: House Bill 571 - 120th General Assembly PDF: Download Authenticated PDF When cholera, yellow fever, diphtheria, scarlet fever, or other dangerous, contagious, or infectious disease appears in any state, county, or municipal benevolent or correctional institution, the superintendent or manager of the institution shall at once isolate the persons so affected and enforce sections 3707.01 to 3707.53 of the Revised Code, for the prevention of contagious diseases, and the rules and orders of the department of health to that effect. The trustees or managers of any benevolent or correctional institution may erect any necessary temporary building for the reception of the affected persons or for the detention of persons exposed to the listed diseases and may remove the persons to, and confine them in, the building.
Section 3707.22 \| Removal of affected or exposed persons from public institution to hospital. Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF The trustees or managers of any institution mentioned in section 3707.21 of the Revised Code may contract for the care, treatment, or detention of any persons affected with or exposed to any disease mentioned in such section with any corporation having a hospital or other proper place for the isolation or care of persons having or exposed to contagious disease, and may remove such persons to such hospital or place. In the case of persons detained in an institution as punishment for a crime, an order for such removal shall be obtained from the court which imposed the punishment. In an order for such removal, the court may require such provisions to be made for safely guarding the prisoner while in such hospital or place as it deems necessary. Last updated March 10, 2023 at 12:18 PM
Section 3707.23 \| Examination of common carriers by board during quarantine. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When a quarantine is declared, all railroads, steamboats, or other common carriers, and the owners, consignees, or assignees of any railroad, steamboat, or other vehicle used for the transportation of passengers, baggage, or freight, shall submit to any rules or regulations imposed and any examination required by a board of health of a city or general health district or health commissioner. They shall submit to any examination required by the health authorities respecting any circumstances or event touching the health of the crew, operatives, or passengers and the sanitary condition of the baggage and freight.
Section 3707.24 \| Prohibition against unfounded statements in examination. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF No owner, consignee, assignee, or other person interested in any manner set forth in section 3707.23 of the Revised Code shall make an unfounded statement or declaration respecting the points under the examination provided by such section.
Section 3707.25 \| Application of quarantine rules to persons and goods on vehicles of transportation. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF Rules and regulations passed by a board of health of a city or general health district or health commissioner shall apply to all persons, goods, or effects arriving by railroad, steamboat, or other vehicle of transportation, after quarantine is declared.
Section 3707.26 \| Board shall inspect schools and may close them. Effective: June 23, 2021 Latest Legislation: Senate Bill 22 - 134th General Assembly PDF: Download Authenticated PDF Semiannually, and more often, if in its judgment necessary, the board of health of a city or general health district shall inspect the sanitary condition of all schools and school buildings within its jurisdiction, and may disinfect any school building. When a dangerous communicable disease is unusually prevalent and verified positive cases of the disease have been documented in a specific school building, the board may close that specific school building for such time as is necessary to disinfect the building or otherwise bring that specific school building into sanitary condition.
Section 3707.27 \| Board may offer vaccination free or at reasonable charge - fee payable to state. Effective: November 15, 1981 Latest Legislation: House Bill 694 - 114th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district may take measures, supply agents, and afford inducements and facilities for gratuitous vaccination, or may make reasonable charges for such vaccination. Where a city or general health district provides vaccinations using a vaccine provided by the Ohio department of health, the city or general health district shall pay fifty cents for each such vaccination which shall be payable to the treasurer of state and shall be credited to the general revenue fund.
Section 3707.28 \| Expenses of board - levy. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF When expenses are incurred by a board of health under sections 3707.01 to 3707.53, inclusive, of the Revised Code, upon application and certificate from such board, the legislative authority of the municipal corporation shall pass the necessary appropriation ordinances to pay such expenses. The legislative authority may levy and set apart the necessary sum to pay such expenses and to carry such sections into effect.
Section 3707.29 \| Construction of hospital for contagious disease - bond issue. Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF The legislative authority of a municipal corporation may purchase land within or without its boundaries and erect thereon suitable hospital buildings for the isolation, care, or treatment of persons having dangerous contagious disease, and provide for the maintenance thereof. The plans and specifications for such buildings shall be approved by the board of health of the city or general health district in which such hospital is to be located. The legislative authority may issue bonds and apply the proceeds thereof to such construction if, at an election held for that purpose, two-thirds of the votes cast are in favor thereof. Such bonds may not exceed twenty-five thousand dollars, with a rate or rates of interest not to exceed the rate provided in section 9.95 of the Revised Code, and the principal shall be paid within ten years. After the erection of such buildings, the legislative authority each year may make such appropriations for their care, use, and maintenance as are necessary. Last updated March 10, 2023 at 12:19 PM
Section 3707.30 \| Care and control of hospital - removal of persons to hospital. Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF Hospital buildings constructed under section 3707.29 of the Revised Code shall be under the care and control of the board of health of the city or general health district in which such buildings are located. The board shall appoint all employees or other persons necessary to the use, care, and maintenance thereof, and shall regulate the entrance of patients thereto and their care and treatment. When a person having a dangerous contagious disease is found in a hotel, lodginghouse, boardinghouse, tenement house, or other public place in the municipal corporation, the board, if it deems it necessary for the protection of the public health, may remove such person to such hospital, where all needful provisions shall be made for the person's care and treatment. If such person is able, the expense so incurred shall be paid by the person. Last updated March 10, 2023 at 12:19 PM
Section 3707.31 \| Establishment of quarantine hospital. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF A municipal corporation may establish a quarantine hospital within or without its limits. If without its limits, the consent of the municipal corporation or township within which it is proposed to establish such hospital shall first be obtained, but such consent shall not be necessary if the hospital is more than eight hundred feet from any occupied house or public highway. When great emergency exists, the board of health of a city or general health district may seize, occupy, and temporarily use for a quarantine hospital a suitable vacant house or building within its jurisdiction. The board of a district within which is located a municipal corporation having a quarantine hospital shall have exclusive control of such hospital.
Section 3707.32 \| Erection of temporary buildings by board - destruction of property. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district may erect temporary wooden buildings or field hospitals necessary for the isolation or protection of persons or freight supposed to be infected, and may employ nurses, physicians, and laborers sufficient to operate them, and sufficient police to guard them. Such board may cause the disinfection, renovation, or destruction of bedding, clothing, or other property belonging to corporations or individuals when such action is deemed necessary by the board or a reasonable precaution against the spread of contagious or infectious diseases.
Section 3707.34 \| Quarantine and isolation policies. Effective: February 12, 2004 Latest Legislation: House Bill 6 - 125th General Assembly PDF: Download Authenticated PDF (A) The health commissioner appointed by a board of health of a general or city health district may act on behalf of the board in administering the provision of sections 3707.04 to 3707.32 of the Revised Code regarding quarantine and isolation if the commissioner acts pursuant to a policy the board adopts as described in division (B) of this section and either of the following applies: (1) Circumstances render a meeting of the board impractical or impossible. (2) Delaying action until a meeting of the board compromises the public health. (B) Each board of health shall adopt a policy, subject to the approval of the district advisory council or city council for city health districts not governed by an advisory council, specifying the actions that a health commissioner may take pursuant to this section. Any action a health commissioner takes in accordance with the board's policy is deemed an action taken by the board unless the board votes to nullify the commissioner's action.
Section 3707.38 \| Appointment, authority of inspectors. Effective: April 15, 2005 Latest Legislation: Senate Bill 202 - 125th General Assembly PDF: Download Authenticated PDF The board of health of a city or general health district may appoint, define the duties of, and fix the compensation of the number of inspectors of shops, wagons, appliances, and food, and the number of other persons necessary to carry out this chapter and Chapter 3717. of the Revised Code and, if applicable, to carry out any duties assumed by the board under an agreement entered into under division (A)(2) of section 917.02 of the Revised Code. Inspectors for those purposes may enter any house, vehicle, or yard. The board may authorize the health commissioner to perform the duties of the inspectors.
Section 3707.39 \| Employment of scavengers - approval for constructing, enlarging, or modifying solid waste facility. Effective: April 16, 1993 Latest Legislation: House Bill 723 - 119th General Assembly PDF: Download Authenticated PDF The legislative authority of a municipal corporation may empower the board of health of the city or general health district of which the municipal corporation is a part to employ such number of scavengers for the removal of swill, garbage, and offal from the houses, buildings, yards, and lots within the municipal corporation as are necessary. In such case, the board may make contracts therefor, subject to the approval of the legislative authority and signed by the proper officers thereof, and may regulate the work to be done. Upon the request of the board, the legislative authority shall lease or purchase suitable lands, the location of which shall be approved by the board, to be used as a solid waste facility as defined in section 3734.01 of the Revised Code for such swill, garbage, and offal and other noxious substances removed from the municipal corporation. When so required by rules adopted under division (G)(2) of section 343.01 of the Revised Code, the municipal corporation, before constructing, enlarging, or modifying such a facility, shall obtain approval for the facility from the board of county commissioners of the county or board of directors of the joint solid waste management district, or board of trustees of a regional solid waste management authority if such has been formed under section 343.011 of the Revised Code, having jurisdiction for compliance with the initial or amended solid waste management plan of the district approved under section 3734.521, 3734.55, or 3734.56 of the Revised Code.
Section 3707.40 \| Sanitary plant defined. Effective: June 24, 1988 Latest Legislation: House Bill 592 - 117th General Assembly PDF: Download Authenticated PDF As used in sections 3707.40 to 3707.46 of the Revised Code, "sanitary plant" means a structure with necessary land, fixtures, appliances, and appurtenances required for the treatment, purification, transfer, and disposal in a sanitary manner of the sewage, solid wastes as defined in section 3734.01 of the Revised Code, or any other liquid or solid wastes of a municipal corporation.
Section 3707.41 \| Municipal corporation may obtain plans and real estate for sanitary plant. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF Upon the recommendation of the board of health of the city or general health district in which a municipal corporation is located, or, if the powers of such board have been vested in any other officer or board, upon the recommendation of such officer or board, the legislative authority of such municipal corporation may cause plans and estimates to be prepared and acquire by condemnation or otherwise such lands within or without the municipal corporation as are necessary to provide for the proper disposal in a sanitary manner of the sewage, garbage, and waste matters of the municipal corporation.
Section 3707.42 \| Construction of sanitary plant - purposes. Effective: April 16, 1993 Latest Legislation: House Bill 723 - 119th General Assembly PDF: Download Authenticated PDF Upon obtaining the approval of the director of environmental protection, and if so required by rules adopted under division (G)(2) of section 343.01 of the Revised Code, the approval of the board of county commissioners of the county or board of directors of the joint solid waste management district, or board of trustees of a regional solid waste management authority if such has been formed under section 343.011 of the Revised Code, having jurisdiction where a sanitary plant for the transfer or disposal of solid wastes is to be located, for compliance with the initial or amended solid waste management plan of the district approved under section 3734.521, 3734.55, or 3734.56 of the Revised Code, the legislative authority of a municipal corporation may contract for, erect, and maintain a sanitary plant on the lands acquired as provided in section 3707.41 of the Revised Code, with all necessary buildings, machinery, appliances, and appurtenances for the treatment, purification, transfer, and disposal in a sanitary and economic manner of the sewage, solid wastes as defined in section 3734.01 of the Revised Code, or any other liquid or solid wastes, or any substance injurious to the health of the municipal corporation.
Section 3707.43 \| Contract for removal of waste substances - expense. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The legislative authority of a municipal corporation may contract for a period of not to exceed five years for the collection and removal of the garbage, night soil, dead animals, and other solid waste substances mentioned in section 3707.42 of the Revised Code at the expense of the municipal corporation or at the expense of persons responsible for the existence of such waste substances.
Section 3707.44 \| Joint construction and use of sanitary plants. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF The legislative authority of a municipal corporation or the board of township trustees of any township may enter into a contract, upon such terms and for such period of time as is mutually agreed upon, with any other municipal corporation or township to prepare all necessary plans and estimates of cost, and to construct, operate, use, and maintain a sanitary plant.
Section 3707.45 \| Appointment of sanitary board. Effective: August 22, 1995 Latest Legislation: House Bill 99 - 121st General Assembly PDF: Download Authenticated PDF The legislative authority of a municipal corporation, by resolution, may determine to have all the work in connection with the erection and maintenance of a sanitary plant and the acquisition of the necessary real estate therefor put under the control of a sanitary board. The sanitary board shall consist of two citizens from each of the two political parties casting the highest vote at the most recent municipal election. The members of the board shall be appointed by the mayor, with the consent and approval of the legislative authority, and shall serve for a term of two years. The board shall receive the reasonable compensation that the legislative authority prescribes.
Section 3707.46 \| Powers of sanitary board. Effective: October 23, 1972 Latest Legislation: Senate Bill 397 - 109th General Assembly PDF: Download Authenticated PDF The sanitary board shall have entire control of the erection and maintenance of the sanitary plant and the purchase of the necessary real estate therefor on behalf of the municipal corporation. The board may modify the original plans and specifications, subject to the approval of the director of environmental protection, but the total cost thereof shall not exceed the original estimate.
Section 3707.47 \| Annual reports. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF On or before the fifteenth day of January of each year, the board of health or health department shall make a report in writing for the preceding calendar year, to the legislative authority of the municipal corporation and to the director of health. Such report shall be on the sanitary condition and prospects of such municipal corporation, and shall contain the statistics of deaths and the action of the board and its officers and agents and the names thereof. The report shall contain other useful information, and the board shall suggest therein any further legislative action deemed proper for the better protection of life and health. Such board or health department shall promptly furnish any special report called for by the director of health.
Section 3707.48 \| Prohibition against violation of orders or regulations of board. Effective: May 28, 2013 Latest Legislation: Senate Bill 26 - 130th General Assembly PDF: Download Authenticated PDF No person shall violate sections 3707.01 to 3707.50 or section 3707.53 of the Revised Code, or any order or regulation of the board of health of a city or general health district made in pursuance thereof, obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such order.
Section 3707.49 \| Violation by a corporation - forfeiture. Effective: October 1, 1953 Latest Legislation: House Bill 1 - 100th General Assembly PDF: Download Authenticated PDF A corporation shall, for any violation, obstruction, interference, or omission mentioned in section 3707.48 of the Revised Code, forfeit and pay to the proper city or general health district a sum not to exceed three hundred dollars, to be collected in a civil action brought in the name of the board of health of such district. No proof of actual damages shall be required, but the court or jury, finding other facts to justify recovery, shall determine the amount by reference to all the facts, culpatory, exculpatory, or extenuating, adduced upon the trial.
Section 3707.50 \| Warning concerning anabolic steroids to be conspicuously posted in athletic facility locker rooms. Effective: March 22, 2020 Latest Legislation: Senate Bill 229 - 132nd General Assembly PDF: Download Authenticated PDF (A) As used in this section: (1) "Anabolic steroid" means a controlled substance, as defined in section 3719.01 of the Revised Code, that is designated as an anabolic steroid. (2) "Athletic facility" means both of the following: (a) A privately owned athletic training, exercise, or sports facility or stadium that is open to the public; (b) A publicly owned sports facility or stadium. (B) The following warning shall be conspicuously posted in each locker room of every athletic facility: "Warning: improper use of anabolic steroids may cause serious or fatal health problems, such as heart disease, stroke, cancer, growth deformities, infertility, personality changes, severe acne, and baldness. Possession, sale, or use of anabolic steroids without a valid prescription is a crime punishable by a fine and imprisonment." (C) No privately owned athletic facility shall fail to post the warning required by this section. (D) Any person who violates division (C) of this section is guilty of a misdemeanor of the fourth degree.
Section 3707.51 \| "Youth sports organization" defined. Effective: March 27, 2013 Latest Legislation: House Bill 143 - 129th General Assembly PDF: Download Authenticated PDF As used in sections 3707.511 and 3707.52 of the Revised Code, "youth sports organization" means a public or nonpublic entity that organizes an athletic activity in which the athletes are not more than nineteen years of age and are required to pay a fee to participate in the athletic activity or whose cost to participate is sponsored by a business or nonprofit organization.
Section 3707.511 \| Concussion awareness, training and procedures in youth sports organizations. Effective: September 17, 2014 Latest Legislation: House Bill 487 - 130th General Assembly PDF: Download Authenticated PDF (A) As used in this section: (1) "Licensing agency" has the same meaning as in section 4745.01 of the Revised Code. (2) "Licensed health care professional" means an individual, other than a physician, who is authorized under Title XLVII of the Revised Code to practice a health care profession. (3) "Physician" means a person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (B) A youth sports organization shall provide to the parent, guardian, or other person having care or charge of an individual who wishes to practice for or compete in an athletic activity organized by a youth sports organization the concussion and head injury information sheet required by section 3707.52 of the Revised Code. The organization shall provide the information sheet annually for each sport or other category of athletic activity for or in which the individual practices or competes. (C)(1) No individual shall act as a coach or referee for a youth sports organization unless the individual holds a pupil-activity program permit issued under section 3319.303 of the Revised Code for coaching interscholastic athletics or presents evidence that the individual has successfully completed, within the previous three years, a training program in recognizing the symptoms of concussions and head injuries to which the department of health has provided a link on its internet web site under section 3707.52 of the Revised Code. (2) The youth sports organization for which the individual intends to act as a coach or referee shall inform the individual of the requirement described in division (C)(1) of this section. (D) If an individual practicing for or competing in an athletic event organized by a youth sports organization exhibits signs, symptoms, or behaviors consistent with having sustained a concussion or head injury while participating in the practice or competition, the individual shall be removed from the practice or competition by one of the following: (1) The individual who is serving as the individual's coach during that practice or competition; (2) An individual who is serving as a referee during that practice or competition; (3) An official of the youth sports organization who is supervising that practice or competition. (E)(1) If an individual is removed from practice or competition under division (D) of this section, the coach, referee, or official who removed the individual shall not allow the individual, on the same day the individual is removed, to return to that practice or competition or to participate in any other practice or competition for which the coach, referee, or official is responsible. Thereafter, the coach, referee, or official shall not allow the student to return to that practice or competition or to participate in any other practice or competition for which the coach, referee, or official is responsible until both of the following conditions are satisfied: (a) The individual's condition is assessed by any of the following who has complied with the requirements in division (E)(4) of this section: (i) A physician; (ii) A licensed health care professional the youth sports organization, pursuant to division (E)(2) of this section, authorizes to assess an individual who has been removed from practice or competition under division (D) of this section; (iii) A licensed health care professional who meets the minimum education requirements established by rules adopted under section 3707.521 of the Revised Code by the professional's licensing agency. (b) The individual receives written clearance that it is safe for the individual to return to practice or competition from the physician or licensed health care professional who assessed the individual's condition. (2) A youth sports organization may authorize a licensed health care professional to make an assessment or grant a clearance for purposes of division (E)(1) of this section only if the professional is acting in accordance with one of the following, as applicable to the professional's authority to practice in this state: (a) In consultation with a physician; (b) Pursuant to the referral of a physician; (c) In collaboration with a physician; (d) Under the supervision of a physician. (3) A physician or licensed health care professional who makes an assessment or grants a clearance for purposes of division (E)(1) of this section may be a volunteer. (4) Beginning one year after the effective date of this amendment, all physicians and licensed health care professionals who conduct assessments and clearances under division (E)(1) of this section must meet the minimum education requirements established by rules adopted under section 3707.521 of the Revised Code by their respective licensing agencies. (F)(1) A youth sports organization or official, employee, or volunteer of a youth sports organization, including a coach or referee, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing services or performing duties under this section, unless the act or omission constitutes willful or wanton misconduct. (2) This section does not eliminate, limit, or reduce any other immunity or defense that a public entity, public official, or public employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
Section 3707.52 \| Concussion and head injury information sheet. Effective: March 27, 2013 Latest Legislation: House Bill 143 - 129th General Assembly PDF: Download Authenticated PDF (A) The department of health shall create a concussion and head injury information sheet for participants in interscholastic athletics and youth sports organizations. The department shall include in the information sheet pertinent information to inform and educate coaches, athletes, and the parents, guardians, or other persons having care or charge of athletes of the signs and symptoms of concussion or head injury and the risks of continuing to practice for or compete in an athletic event or activity after sustaining a concussion or head injury. The department periodically shall review the information sheet and update it accordingly. The department shall make the information sheet available on its internet web site in a format suitable for easy downloading and printing. (B) The department shall provide a link on its internet web site to one or more free online training programs in recognizing the symptoms of concussions and head injuries. The department shall include one or more programs that are appropriate for coaches or referees of schools or youth sports organizations seeking to fulfill the requirements of section 3313.539 or 3707.511 of the Revised Code.
Section 3707.521 \| Rules regarding assessment of athletes sustaining concussions or head injuries. Effective: December 19, 2016 Latest Legislation: House Bill 471 - 131st General Assembly PDF: Download Authenticated PDF (A) As used in this section: "License," "licensee," and "licensing agency" have the same meanings as in section 4745.01 of the Revised Code. "Licensed health care professional" means an individual, other than a physician, who is authorized under Title XLVII of the Revised Code to practice a health care profession. "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (B) If a licensing agency responsible for the licensing of physicians or licensed health care professionals seeks to have its licensees authorized to assess and clear athletes for return to practice or competition under section 3313.539 or 3707.511 of the Revised Code, the licensing agency shall adopt rules establishing standards that are equal to or stronger than the guidelines developed by the committee established by the director of health under a previous version of this section, and which met during 2014 and 2015. The licensing agency may adopt rules establishing continuing education requirements for its licensees who assess and clear athletes for return to practice or competition under section 3313.539 or 3707.511 of the Revised Code. Any rules adopted under this division shall be adopted in accordance with Chapter 119. of the Revised Code.
Section 3707.53 \| Deposit for costs not required in prosecutions - fines. Effective: March 17, 1987 Latest Legislation: House Bill 412 - 116th General Assembly PDF: Download Authenticated PDF In prosecutions under sections 3707.01 to 3707.49 of the Revised Code, no deposit for costs shall be required. A judgment or verdict of guilty immediately shall be followed by sentence and execution of sentence. All fines collected under such sections shall be paid to the treasurer of the proper city or general health district and credited to the health fund of the board of health instituting the prosecution.
Section 3707.54 \| Order or regulation may apply only to specific persons. Effective: June 23, 2021 Latest Legislation: Senate Bill 22 - 134th General Assembly PDF: Download Authenticated PDF Notwithstanding sections 3707.01 to 3707.53 of the Revised Code, a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code, or any person acting on the board's or authority's behalf, may issue an order or regulation that applies only to specific persons. Any order or regulation that applies to a class of persons in violation of this section is invalid and has no legal effect. As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code. Last updated May 4, 2021 at 1:26 PM
Section 3707.55 \| Acquisition or sale of real property. Effective: March 30, 1999 Latest Legislation: House Bill 581 - 122nd General Assembly PDF: Download Authenticated PDF (A) A board of health of a general health district may acquire, convey, lease, or enter into a contract to purchase, lease, or sell real property for the district's purposes, and may enter into loan agreements, including mortgages, for the acquisition of such property. (B) Notwithstanding anything to the contrary in section 3709.34 of the Revised Code, if a board of health of a general health district acquires, leases, or enters into a contract to purchase or lease real property under this section, the board of county commissioners has no obligation to pay for or reimburse the general health district for such property, or to furnish suitable quarters to the general health district. (C) The board of county commissioners may issue securities of the county pursuant to Chapter 133. of the Revised Code for the acquisition of real property by a general health district under division (A) of this section, but only if the county has a contract with the general health district whereby the health district agrees to pay the county an amount equal to the debt charges on the issued securities on or before the date those charges fall due. For purposes of this section, "debt charges" and "securities" have the same meanings as in section 133.01 of the Revised Code, and "board of health of a general health district" includes a board of health of a combined health district formed pursuant to section 3709.07, 3709.071, or 3709.10 of the Revised Code.
Section 3707.57 \| Bloodborne infectious disease prevention programs. Effective: July 1, 2017 Latest Legislation: Senate Bill 319 - 131st General Assembly PDF: Download Authenticated PDF (A) As used in this section: (1) "Bloodborne pathogens" means the human immunodeficiency virus (HIV), hepatitis B virus, and hepatitis C virus. (2) "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 under section 3709.05 of the Revised Code. (B) A board of health may establish a bloodborne infectious disease prevention program. The cost of the program is the responsibility of the board of health. (C) A board of health that establishes a bloodborne infectious disease prevention program shall determine the manner in which the program is operated and the individuals who are eligible to participate. The program shall do all of the following: (1) If resources are available, provide on-site screening for bloodborne pathogens; (2) Provide education to each program participant regarding exposure to bloodborne pathogens; (3) Identify health and supportive services providers and substance abuse treatment programs available in the area served by the prevention program and, as appropriate, develop and enter into referral agreements with the identified providers and programs; (4) Encourage each program participant to seek appropriate medical care, mental health services, substance abuse treatment, or social services and, as appropriate, make referrals to health and supportive services providers and substance abuse treatment programs with which the prevention program has entered into referral agreements; (5) Use a recordkeeping system that ensures that the identity of each program participant remains anonymous; (6) Comply with applicable state and federal laws governing participant confidentiality; (7) Provide each program participant with documentation identifying the individual as an active participant in the program. (D) A bloodborne infectious disease prevention program may collect demographic information about each program participant, including the zip code applicable to the participant's address, and the participant's comorbidity diagnosis, if any. The program may report the information to the department of mental health and addiction services. (E)(1) Before establishing a bloodborne infectious disease prevention program, the board of health shall consult with all of the following: (a) Interested parties from the health district represented by the board, including all of the following: (i) Law enforcement representatives; (ii) Prosecutors, as defined in section 2935.01 of the Revised Code; (iii) Representatives of community addiction services providers whose alcohol and drug addiction services are certified under section 5119.36 of the Revised Code; (iv) Persons recovering from substance abuse; (v) Relevant private, nonprofit organizations, including hepatitis C and HIV advocacy organizations; (vi) Residents of the health district; (vii) The board of alcohol, drug addiction, and mental health services that serves the area in which the health district is located. (b) Representatives selected by the governing authority of the city, village, or township in which the program is proposed to be established. (2) If the board of health, after consulting with the interested parties and representatives listed in division (D)(1) of this section, decides to establish a bloodborne infectious disease prevention program, the board shall provide written notice of the proposed location to the governing authority of the city, village, or township in which the program is to be located. The governing authority retains all zoning rights. (F)(1) If carrying out a duty under a component of a bloodborne infectious disease prevention program would be considered a violation of any of the following, an employee or volunteer of the program, when carrying out the duty, is not subject to criminal prosecution for the violation: (a) Section 2923.24 of the Revised Code; (b) Section 2925.12 of the Revised Code; (c) Division (C)(1) of section 2925.14 of the Revised Code regarding the prohibition against illegal possession of drug paraphernalia; (d) Division (C) or (D) of section 3719.172 of the Revised Code regarding the prohibition against furnishing a hypodermic needle to another person. (2) If participating in a component of a bloodborne infectious disease prevention program would be considered a violation of any of the following, a program participant who is within one thousand feet of a program facility and is in possession of documentation from the program identifying the individual as an active participant in the program is not subject to criminal prosecution for the violation: (a) Section 2923.24 of the Revised Code; (b) Section 2925.12 of the Revised Code; (c) Division (C)(1) of section 2925.14 of the Revised Code regarding the prohibition against illegal possession of drug paraphernalia. (G) A board of health that establishes a bloodborne infectious disease prevention program shall include details about the program in its annual report prepared under section 3707.47 of the Revised Code.
Section 3707.58 \| Information regarding sudden cardiac arrest. Effective: October 24, 2024 Latest Legislation: House Bill 47 - 135th General Assembly PDF: Download Authenticated PDF (A) As used in this section: (1) "Youth athlete" means an individual who wishes to practice for or compete in athletic activities organized by a youth sports organization; (2) "Youth sports organization" has the same meaning as in section 3707.51 of the Revised Code. (B) Prior to the start of each athletic season, a youth sports organization that is subject to this section shall hold an informational meeting for youth athletes, parents, guardians, other persons having care or charge of a youth athlete, physicians, pediatric cardiologists, athletic trainers, and any other persons regarding the symptoms and warning signs of sudden cardiac arrest for all ages of youth athletes. (C) No youth athlete shall participate in an athletic activity organized by a youth sports organization until the youth athlete has submitted to a designated official of the youth sports organization a form signed by the youth athlete and the parent, guardian, or other person having care or charge of the youth athlete stating that the youth athlete and the parent, guardian, or other person having care or charge of the youth athlete have received and reviewed a copy of the information developed by the department of health and the department of education and workforce and posted on their respective internet web sites as required by section 3707.59 of the Revised Code. A completed form shall be submitted each calendar year to each youth sports organization that organizes an athletic activity in which the youth athlete participates. (D) No individual shall coach an athletic activity organized by a youth sports organization unless the individual has completed, on an annual basis, the sudden cardiac arrest training course approved by the department of health under division (C) of section 3707.59 of the Revised Code. (E)(1) A youth athlete shall not be allowed to participate in an athletic activity organized by a youth sports organization if either of the following is the case: (a) The youth athlete's biological parent, biological sibling, or biological child has previously experienced sudden cardiac arrest, and the youth athlete has not been evaluated and cleared for participation in an athletic activity organized by a youth sports organization by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (b) The youth athlete is known to have exhibited syncope or fainting at any time prior to or following an athletic activity and has not been evaluated and cleared for return under division (E)(3) of this section after exhibiting syncope or fainting. (2) A youth athlete shall be removed by the youth athlete's coach from participation in an athletic activity organized by a youth sports organization if the youth athlete exhibits syncope or fainting. (3) If a youth athlete is not allowed to participate in or is removed from participation in an athletic activity organized by a youth sports organization under division (E)(1) or (2) of this section, the youth athlete shall not be allowed to return to participation until the youth athlete is evaluated and cleared for return in writing by any of the following: (a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, including a physician who specializes in cardiology; (b) A certified nurse practitioner, clinical nurse specialist, or certified nurse-midwife who holds a certificate of authority issued under Chapter 4723. of the Revised Code. The licensed health care providers specified in divisions (E)(3)(a) and (b) of this section may consult with any other licensed or certified health care providers in order to determine whether a youth athlete is ready to return to participation. (F) A youth sports organization that is subject to this section shall establish penalties for a coach who violates the provisions of division (E) of this section. (G)(1) A youth sports organization or official, employee, or volunteer of a youth sports organization, including a coach, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing services or performing duties under this section, unless the act or omission constitutes willful or wanton misconduct. (2) This section does not eliminate, limit, or reduce any other immunity or defense that a public entity, public official, or public employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state. Last updated August 13, 2024 at 9:21 AM
Section 3707.59 \| Educational materials regarding sudden cardiac arrest. Effective: October 3, 2023 Latest Legislation: House Bill 33 - 135th General Assembly PDF: Download Authenticated PDF (A) As used in this section: (1) "Athletic activity" means both of the following: (a) An athletic activity, as defined in section 3313.5310 of the Revised Code; (b) An athletic activity organized by a youth sports organization. (2) "Youth athlete" and "youth sports organization" have the same meanings as in section 3707.58 of the Revised Code. (B) The department of health and the department of education and workforce jointly shall develop and shall post on their respective internet web sites guidelines and other relevant materials to inform and educate students and youth athletes participating in or desiring to participate in an athletic activity, their parents, and their coaches about the nature and warning signs of sudden cardiac arrest. These guidelines and materials shall address the risks associated with continuing to participate in an athletic activity after experiencing one or more symptoms of sudden cardiac arrest, such as fainting, difficulty breathing, chest pains, dizziness, and an abnormal racing heart rate. In developing guidelines and other relevant materials under this division, the department of health and the department of education and workforce shall consult with the Ohio chapter of the American college of cardiology and with an interscholastic conference or an organization that regulates interscholastic athletic competition and conducts interscholastic athletic events. In developing guidelines and materials under this division, the departments may utilize existing materials developed by the parent heart watch organization, the sudden arrhythmia death syndromes foundation, and any other organizations deemed appropriate by the departments. (C) For purposes of the training required for a coach of an athletic activity under division (D) of section 3313.5310 or division (D) of section 3707.58 of the Revised Code, the department of health shall approve a sudden cardiac arrest training course offered by an outside entity. Last updated September 5, 2023 at 10:59 AM
Section 3707.60 \| Protocols for dispensing epinephrine in certain health districts. Effective: April 8, 2019 Latest Legislation: House Bill 101 - 132nd General Assembly PDF: Download Authenticated PDF (A) As used in this section, "board of health" means a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code. (B) A board of health that has, through a physician serving as the board's health commissioner or medical director, established a protocol that meets the requirements specified by the state board of pharmacy in rules adopted under section 4729.47 of the Revised Code may authorize pharmacists and pharmacy interns practicing pharmacy in a county that includes all or part of the health district represented by the board to use the protocol for the purpose of dispensing epinephrine under section 4729.47 of the Revised Code.
Section 3707.70 \| Definitions for sections 3707.71 to 3707.77. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF As used in this section and sections 3707.71 to 3707.77 of the Revised Code: (A) "Board of health" means a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code. (B) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after such expulsion or extraction does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (C) "Infant" means a child who is less than one year of age.
Section 3707.71 \| Fetal infant mortality review board. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF (A) A board of health may, in accordance with rules adopted under section 3701.049 of the Revised Code, establish and operate a fetal-infant mortality review board to review both of the following: (1) Each fetal death experienced by a woman who was, at the time of the fetal death, a resident of the health district in which the board exercises authority; (2) Each death of an infant who was, at the time of death, a resident of the health district in which the board exercises authority. (B) A fetal-infant mortality review board may not conduct a review of a death while an investigation of the death or prosecution of a person for causing the death is pending unless the prosecuting attorney agrees to allow the review. The law enforcement agency conducting the criminal investigation, on the conclusion of the investigation, and the prosecuting attorney prosecuting the case, on the conclusion of the prosecution, shall notify the chairperson of the review board of the conclusion.
Section 3707.72 \| Board members. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF (A)(1) If a board of health establishes a fetal-infant mortality review board under section 3707.71 of the Revised Code, the board, by a majority vote of a quorum of its members, shall select the board's members. Members may include the following professionals or individuals representing the following constituencies: (a) Fetal-infant mortality review coordinators; (b) Physicians who are board-certified in obstetrics and gynecology by a certifying board recognized by the American board of medical specialties; (c) Key community leaders from the board of health's jurisdiction; (d) Health care providers; (e) Human services providers; (f) Consumer and advocacy groups; (g) Community action teams. (2) A majority of the board members specified in division (A)(1) of this section may invite additional individuals to serve on the board. The additional members shall serve for a period of time determined by a majority of the board members specified in division (A)(1) of this section and shall have the same authority, duties, and responsibilities as members specified in that division. (3) A board, by a majority vote of a quorum of its members, shall select an individual to serve as its chairperson. (B) A vacancy on a board shall be filled in the same manner as the original appointment. (C) A board member shall not receive any compensation for, and shall not be paid for any expenses incurred pursuant to, fulfilling the member's duties on the board. (D) A board may work in conjunction with, or be a component of, a child fatality review board or regional child fatality review board created under section 307.621 of the Revised Code. (E) A board shall convene at least once a year at the call of the board's chairperson.
Section 3707.73 \| Purpose. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF The purpose of a fetal-infant mortality review board is to decrease the incidence of preventable infant and fetal deaths by doing all of the following: (A) Assessing, planning, improving, and monitoring the service systems and broad community resources that support and promote the health and well-being of women, infants, and families; (B) Recommending and developing plans for implementing local service and program changes, as well as changes to the groups, professions, agencies, and entities that serve families, children, and pregnant women; (C) Providing the department of health with aggregate data, trends, and patterns regarding fetal and infant deaths.
Section 3707.74 \| Production of documents and information. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF (A) Notwithstanding section 3701.243 and any other section of the Revised Code pertaining to confidentiality, an individual, public children services agency, private child placing agency, agency that provides services specifically to individuals or families, a law enforcement agency, or another public or private entity that provided services to a pregnant woman whose fetus died or an infant who died if the death is being reviewed by a fetal-infant mortality review board shall submit to the board copies of any record it possesses that the board requests. These records may include maternal health records. In addition, such an individual or entity may make available to the board additional information, documents, or reports that could be useful to the board's investigation. (B) No person, entity, law enforcement agency, or prosecuting attorney shall provide any information regarding a fetal death or death of an infant to a fetal-infant mortality review board while an investigation of the death or prosecution of a person for causing the death is pending, unless the prosecuting attorney has agreed pursuant to division (B) of section 3707.71 of the Revised Code to allow review of the death. (C) A family member of the deceased may decline to participate in an interview as part of the review process. In that case, the review shall continue without the family member's participation.
Section 3707.75 \| Confidentiality. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF (A) Except as provided in sections 5153.171 to 5153.173 of the Revised Code, any record, document, report, or other information presented to a fetal-infant mortality review board or a person abstracting such materials on the board's behalf, statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code, are confidential. Such materials shall be used by the board and department of health only in the exercise of the proper functions of the review board and the department. If the materials are presented to the board or a person abstracting the materials on the board's behalf in paper form, the materials shall be stored in a locked file cabinet. If a database is used to store the materials electronically, the database shall be stored in a secure manner. All information accessible to each board member and used during a review, including information provided by the deceased's mother, shall be de-identified. (B) No person shall permit or encourage the authorized dissemination of confidential information described in division (A) of this section. (C) Whoever violates division (B) of this section is guilty of a misdemeanor of the second degree.
Section 3707.76 \| Immunity from civil liability. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF (A) An individual or public or private entity providing records, documents, reports, or other information to a fetal-infant mortality review board is immune from any civil liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of providing the records, documents, reports, or information to the board. (B) Each board member is immune from any civil liability for injury, death, or loss to person or property that might otherwise be incurred or imposed as a result of the member's participation on the board.
Section 3707.77 \| Reporting. Effective: October 17, 2019 Latest Legislation: House Bill 166 - 133rd General Assembly PDF: Download Authenticated PDF Not later than the first day of April of each year, a fetal-infant mortality review board shall do both of the following: (A) Submit to the fetal-infant mortality database maintained by the department of health or the national infant death review database individual data pertaining to each fetal or infant death reviewed in that board's jurisdiction within the twelve months immediately before the submission. The specific data to be submitted, as well as other information the board considers relevant to a review, shall be specified by the director of health in rules adopted under section 3701.049 of the Revised Code. (B) Submit to the department of health a report that summarizes any trends or patterns identified by the board. The report may include recommendations on how to decrease the incidence of preventable fetal and infant deaths in the board's jurisdiction and the state, as well as any other information the board determines should be included. (C) Reports prepared under division (B) of this section are public records under section 149.43 of the Revised Code.
Section 3707.99 \| Penalty. Effective: February 12, 2004 Latest Legislation: House Bill 6 - 125th General Assembly PDF: Download Authenticated PDF (A) Whoever violates section 3707.03 of the Revised Code, unless good and sufficient reason therefor is shown, is guilty of a minor misdemeanor. (B) Whoever violates division (B) of section 3707.06 or section 3707.48 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the fourth degree.