Bill Text: OH SB190 | 2011-2012 | 129th General Assembly | Introduced

Bill Title: Regarding assistance for pregnancy prevention and hospital services for victims of sexual assault.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-06-28 - To Health, Human Services, & Aging [SB190 Detail]

Download: Ohio-2011-SB190-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 190


Senator Cafaro 

Cosponsors: Senators Sawyer, Schiavoni, Skindell, Smith, Turner, Tavares 

A BILL
To amend sections 121.22, 2907.29, 3313.60, 1
3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and 2
4729.35 and to enact sections 1751.69, 3701.048, 3
3727.60, 3727.601, 3727.602, 3923.85, 4729.43, and 4
4729.44 of the Revised Code regarding assistance 5
for pregnancy prevention and hospital services for 6
victims of sexual assault.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 121.22, 2907.29, 3313.60, 3313.6011, 8
3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 be amended and 9
sections 1751.69, 3701.048, 3727.60, 3727.601, 3727.602, 3923.85, 10
4729.43, and 4729.44 of the Revised Code be enacted to read as 11
follows:12

       Sec. 121.22.  (A) This section shall be liberally construed 13
to require public officials to take official action and to conduct 14
all deliberations upon official business only in open meetings 15
unless the subject matter is specifically excepted by law.16

       (B) As used in this section:17

       (1) "Public body" means any of the following:18

       (a) Any board, commission, committee, council, or similar 19
decision-making body of a state agency, institution, or authority, 20
and any legislative authority or board, commission, committee, 21
council, agency, authority, or similar decision-making body of any 22
county, township, municipal corporation, school district, or other 23
political subdivision or local public institution;24

       (b) Any committee or subcommittee of a body described in 25
division (B)(1)(a) of this section;26

       (c) A court of jurisdiction of a sanitary district organized 27
wholly for the purpose of providing a water supply for domestic, 28
municipal, and public use when meeting for the purpose of the 29
appointment, removal, or reappointment of a member of the board of 30
directors of such a district pursuant to section 6115.10 of the 31
Revised Code, if applicable, or for any other matter related to 32
such a district other than litigation involving the district. As 33
used in division (B)(1)(c) of this section, "court of 34
jurisdiction" has the same meaning as "court" in section 6115.01 35
of the Revised Code.36

       (2) "Meeting" means any prearranged discussion of the public 37
business of the public body by a majority of its members.38

       (3) "Regulated individual" means either of the following:39

       (a) A student in a state or local public educational 40
institution;41

       (b) A person who is, voluntarily or involuntarily, an inmate, 42
patient, or resident of a state or local institution because of 43
criminal behavior, mental illness or retardation, disease, 44
disability, age, or other condition requiring custodial care.45

       (4) "Public office" has the same meaning as in section 46
149.011 of the Revised Code.47

       (C) All meetings of any public body are declared to be public 48
meetings open to the public at all times. A member of a public 49
body shall be present in person at a meeting open to the public to 50
be considered present or to vote at the meeting and for purposes 51
of determining whether a quorum is present at the meeting.52

       The minutes of a regular or special meeting of any public 53
body shall be promptly prepared, filed, and maintained and shall 54
be open to public inspection. The minutes need only reflect the 55
general subject matter of discussions in executive sessions 56
authorized under division (G) or (J) of this section.57

       (D) This section does not apply to any of the following:58

       (1) A grand jury;59

       (2) An audit conference conducted by the auditor of state or 60
independent certified public accountants with officials of the 61
public office that is the subject of the audit;62

       (3) The adult parole authority when its hearings are 63
conducted at a correctional institution for the sole purpose of 64
interviewing inmates to determine parole or pardon;65

       (4) The organized crime investigations commission established 66
under section 177.01 of the Revised Code;67

       (5) Meetings of a child fatality review board established 68
under section 307.621 of the Revised Code and meetings conducted 69
pursuant to sections 5153.171 to 5153.173 of the Revised Code;70

       (6) The state medical board when determining whether to 71
suspend a certificate without a prior hearing pursuant to division 72
(G) of either section 4730.25 or 4731.22 of the Revised Code;73

       (7) The board of nursing when determining whether to suspend 74
a license or certificate without a prior hearing pursuant to 75
division (B) of section 4723.281 of the Revised Code;76

       (8) The state board of pharmacy when determining whether to 77
suspend a license without a prior hearing pursuant to division 78
(D)(E) of section 4729.16 of the Revised Code;79

       (9) The state chiropractic board when determining whether to 80
suspend a license without a hearing pursuant to section 4734.37 of 81
the Revised Code;82

       (10) The executive committee of the emergency response 83
commission when determining whether to issue an enforcement order 84
or request that a civil action, civil penalty action, or criminal 85
action be brought to enforce Chapter 3750. of the Revised Code;86

       (11) The board of directors of the nonprofit corporation 87
formed under section 187.01 of the Revised Code or any committee 88
thereof, and the board of directors of any subsidiary of that 89
corporation or a committee thereof.90

       (E) The controlling board, the development financing advisory 91
council, the industrial technology and enterprise advisory 92
council, the tax credit authority, or the minority development 93
financing advisory board, when meeting to consider granting 94
assistance pursuant to Chapter 122. or 166. of the Revised Code, 95
in order to protect the interest of the applicant or the possible 96
investment of public funds, by unanimous vote of all board, 97
council, or authority members present, may close the meeting 98
during consideration of the following information confidentially 99
received by the authority, council, or board from the applicant:100

       (1) Marketing plans;101

       (2) Specific business strategy;102

       (3) Production techniques and trade secrets;103

       (4) Financial projections;104

       (5) Personal financial statements of the applicant or members 105
of the applicant's immediate family, including, but not limited 106
to, tax records or other similar information not open to public 107
inspection.108

       The vote by the authority, council, or board to accept or 109
reject the application, as well as all proceedings of the 110
authority, council, or board not subject to this division, shall 111
be open to the public and governed by this section.112

       (F) Every public body, by rule, shall establish a reasonable 113
method whereby any person may determine the time and place of all 114
regularly scheduled meetings and the time, place, and purpose of 115
all special meetings. A public body shall not hold a special 116
meeting unless it gives at least twenty-four hours' advance notice 117
to the news media that have requested notification, except in the 118
event of an emergency requiring immediate official action. In the 119
event of an emergency, the member or members calling the meeting 120
shall notify the news media that have requested notification 121
immediately of the time, place, and purpose of the meeting.122

       The rule shall provide that any person, upon request and 123
payment of a reasonable fee, may obtain reasonable advance 124
notification of all meetings at which any specific type of public 125
business is to be discussed. Provisions for advance notification 126
may include, but are not limited to, mailing the agenda of 127
meetings to all subscribers on a mailing list or mailing notices 128
in self-addressed, stamped envelopes provided by the person.129

       (G) Except as provided in division (J) of this section, the 130
members of a public body may hold an executive session only after 131
a majority of a quorum of the public body determines, by a roll 132
call vote, to hold an executive session and only at a regular or 133
special meeting for the sole purpose of the consideration of any 134
of the following matters:135

       (1) To consider the appointment, employment, dismissal, 136
discipline, promotion, demotion, or compensation of a public 137
employee or official, or the investigation of charges or 138
complaints against a public employee, official, licensee, or 139
regulated individual, unless the public employee, official, 140
licensee, or regulated individual requests a public hearing. 141
Except as otherwise provided by law, no public body shall hold an 142
executive session for the discipline of an elected official for 143
conduct related to the performance of the elected official's 144
official duties or for the elected official's removal from office. 145
If a public body holds an executive session pursuant to division 146
(G)(1) of this section, the motion and vote to hold that executive 147
session shall state which one or more of the approved purposes 148
listed in division (G)(1) of this section are the purposes for 149
which the executive session is to be held, but need not include 150
the name of any person to be considered at the meeting.151

       (2) To consider the purchase of property for public purposes, 152
or for the sale of property at competitive bidding, if premature 153
disclosure of information would give an unfair competitive or 154
bargaining advantage to a person whose personal, private interest 155
is adverse to the general public interest. No member of a public 156
body shall use division (G)(2) of this section as a subterfuge for 157
providing covert information to prospective buyers or sellers. A 158
purchase or sale of public property is void if the seller or buyer 159
of the public property has received covert information from a 160
member of a public body that has not been disclosed to the general 161
public in sufficient time for other prospective buyers and sellers 162
to prepare and submit offers.163

       If the minutes of the public body show that all meetings and 164
deliberations of the public body have been conducted in compliance 165
with this section, any instrument executed by the public body 166
purporting to convey, lease, or otherwise dispose of any right, 167
title, or interest in any public property shall be conclusively 168
presumed to have been executed in compliance with this section 169
insofar as title or other interest of any bona fide purchasers, 170
lessees, or transferees of the property is concerned.171

       (3) Conferences with an attorney for the public body 172
concerning disputes involving the public body that are the subject 173
of pending or imminent court action;174

       (4) Preparing for, conducting, or reviewing negotiations or 175
bargaining sessions with public employees concerning their 176
compensation or other terms and conditions of their employment;177

       (5) Matters required to be kept confidential by federal law 178
or regulations or state statutes;179

       (6) Details relative to the security arrangements and 180
emergency response protocols for a public body or a public office, 181
if disclosure of the matters discussed could reasonably be 182
expected to jeopardize the security of the public body or public 183
office;184

       (7) In the case of a county hospital operated pursuant to 185
Chapter 339. of the Revised Code, a joint township hospital 186
operated pursuant to Chapter 513. of the Revised Code, or a 187
municipal hospital operated pursuant to Chapter 749. of the 188
Revised Code, to consider trade secrets, as defined in section 189
1333.61 of the Revised Code.190

       If a public body holds an executive session to consider any 191
of the matters listed in divisions (G)(2) to (7) of this section, 192
the motion and vote to hold that executive session shall state 193
which one or more of the approved matters listed in those 194
divisions are to be considered at the executive session.195

       A public body specified in division (B)(1)(c) of this section 196
shall not hold an executive session when meeting for the purposes 197
specified in that division.198

       (H) A resolution, rule, or formal action of any kind is 199
invalid unless adopted in an open meeting of the public body. A 200
resolution, rule, or formal action adopted in an open meeting that 201
results from deliberations in a meeting not open to the public is 202
invalid unless the deliberations were for a purpose specifically 203
authorized in division (G) or (J) of this section and conducted at 204
an executive session held in compliance with this section. A 205
resolution, rule, or formal action adopted in an open meeting is 206
invalid if the public body that adopted the resolution, rule, or 207
formal action violated division (F) of this section.208

       (I)(1) Any person may bring an action to enforce this 209
section. An action under division (I)(1) of this section shall be 210
brought within two years after the date of the alleged violation 211
or threatened violation. Upon proof of a violation or threatened 212
violation of this section in an action brought by any person, the 213
court of common pleas shall issue an injunction to compel the 214
members of the public body to comply with its provisions.215

       (2)(a) If the court of common pleas issues an injunction 216
pursuant to division (I)(1) of this section, the court shall order 217
the public body that it enjoins to pay a civil forfeiture of five 218
hundred dollars to the party that sought the injunction and shall 219
award to that party all court costs and, subject to reduction as 220
described in division (I)(2) of this section, reasonable 221
attorney's fees. The court, in its discretion, may reduce an award 222
of attorney's fees to the party that sought the injunction or not 223
award attorney's fees to that party if the court determines both 224
of the following:225

       (i) That, based on the ordinary application of statutory law 226
and case law as it existed at the time of violation or threatened 227
violation that was the basis of the injunction, a well-informed 228
public body reasonably would believe that the public body was not 229
violating or threatening to violate this section;230

       (ii) That a well-informed public body reasonably would 231
believe that the conduct or threatened conduct that was the basis 232
of the injunction would serve the public policy that underlies the 233
authority that is asserted as permitting that conduct or 234
threatened conduct.235

       (b) If the court of common pleas does not issue an injunction 236
pursuant to division (I)(1) of this section and the court 237
determines at that time that the bringing of the action was 238
frivolous conduct, as defined in division (A) of section 2323.51 239
of the Revised Code, the court shall award to the public body all 240
court costs and reasonable attorney's fees, as determined by the 241
court.242

       (3) Irreparable harm and prejudice to the party that sought 243
the injunction shall be conclusively and irrebuttably presumed 244
upon proof of a violation or threatened violation of this section.245

       (4) A member of a public body who knowingly violates an 246
injunction issued pursuant to division (I)(1) of this section may 247
be removed from office by an action brought in the court of common 248
pleas for that purpose by the prosecuting attorney or the attorney 249
general.250

       (J)(1) Pursuant to division (C) of section 5901.09 of the 251
Revised Code, a veterans service commission shall hold an 252
executive session for one or more of the following purposes unless 253
an applicant requests a public hearing:254

       (a) Interviewing an applicant for financial assistance under 255
sections 5901.01 to 5901.15 of the Revised Code;256

       (b) Discussing applications, statements, and other documents 257
described in division (B) of section 5901.09 of the Revised Code;258

       (c) Reviewing matters relating to an applicant's request for 259
financial assistance under sections 5901.01 to 5901.15 of the 260
Revised Code.261

       (2) A veterans service commission shall not exclude an 262
applicant for, recipient of, or former recipient of financial 263
assistance under sections 5901.01 to 5901.15 of the Revised Code, 264
and shall not exclude representatives selected by the applicant, 265
recipient, or former recipient, from a meeting that the commission 266
conducts as an executive session that pertains to the applicant's, 267
recipient's, or former recipient's application for financial 268
assistance.269

       (3) A veterans service commission shall vote on the grant or 270
denial of financial assistance under sections 5901.01 to 5901.15 271
of the Revised Code only in an open meeting of the commission. The 272
minutes of the meeting shall indicate the name, address, and 273
occupation of the applicant, whether the assistance was granted or 274
denied, the amount of the assistance if assistance is granted, and 275
the votes for and against the granting of assistance.276

       Sec. 1751.69. (A) Notwithstanding section 3901.71 of the 277
Revised Code, no individual or group health insuring corporation 278
policy, contract, or agreement that is delivered, issued for 279
delivery, or renewed in this state shall do either of the 280
following:281

        (1) Limit or exclude coverage for prescription contraceptive 282
drugs or devices approved by the United States food and drug 283
administration, if the policy, contract, or agreement provides 284
coverage for other prescription drugs or devices;285

        (2) Limit or exclude coverage for physician-directed 286
outpatient services that are related to the provision of such 287
drugs or devices, if the policy, contract, or agreement provides 288
coverage for other outpatient services rendered by a provider.289

        (B) The coverage provided under division (A) of this section 290
shall be subject to the same terms and conditions, including 291
copayment charges, that apply to similar coverage provided under 292
the policy, contract, or agreement.293

       Sec. 2907.29.  Every hospital of this state that offers 294
organized emergency services shall provide that a physician, a 295
physician assistant, a clinical nurse specialist, a certified 296
nurse practitioner, or a certified nurse-midwife is available on 297
call twenty-four hours each day for the examination of persons 298
reported to any law enforcement agency to be victims of sexual 299
offenses cognizable as violations of any provision of sections 300
2907.02 to 2907.06 of the Revised Code. The physician, physician 301
assistant, clinical nurse specialist, certified nurse 302
practitioner, or certified nurse-midwife, upon the request of any 303
peace officer or prosecuting attorney and with the consent of the 304
reported victim or upon the request of the reported victim, shall 305
examine the person for the purposes of gathering physical evidence 306
and shall complete any written documentation of the physical 307
examination. The public health council shall establish procedures 308
for gathering evidence under this section.309

       Each reported victim shall be informed of available venereal 310
diseasesexually transmitted infection, pregnancy, medical, and 311
psychiatric services in accordance with section 3727.601 of the 312
Revised Code.313

       Notwithstanding any other provision of law, a minor may 314
consent to examination under this section. The consent is not 315
subject to disaffirmance because of minority, and consent of the 316
parent, parents, or guardian of the minor is not required for an 317
examination under this section. However, the hospital shall give 318
written notice to the parent, parents, or guardian of a minor that 319
an examination under this section has taken place. The parent, 320
parents, or guardian of a minor giving consent under this section 321
are not liable for payment for any services provided under this 322
section without their consent.323

       Sec. 3313.60.  Notwithstanding division (D) of section 324
3311.52 of the Revised Code, divisions (A) to (E) of this section 325
do not apply to any cooperative education school district 326
established pursuant to divisions (A) to (C) of section 3311.52 of 327
the Revised Code.328

       (A) The board of education of each city and exempted village 329
school district, the governing board of each educational service 330
center, and the board of each cooperative education school 331
district established pursuant to section 3311.521 of the Revised 332
Code shall prescribe a curriculum for all schools under their 333
control. Except as provided in division (E) of this section, in 334
any such curriculum there shall be included the study of the 335
following subjects:336

       (1) The language arts, including reading, writing, spelling, 337
oral and written English, and literature;338

       (2) Geography, the history of the United States and of Ohio, 339
and national, state, and local government in the United States, 340
including a balanced presentation of the relevant contributions to 341
society of men and women of African, Mexican, Puerto Rican, and 342
American Indian descent as well as other ethnic and racial groups 343
in Ohio and the United States;344

       (3) Mathematics;345

       (4) Natural science, including instruction in the 346
conservation of natural resources;347

       (5) Health education, which shall include instruction in:348

       (a) The nutritive value of foods, including natural and 349
organically produced foods, the relation of nutrition to health, 350
and the use and effects of food additives;351

       (b) The harmful effects of and legal restrictions against the 352
use of drugs of abuse, alcoholic beverages, and tobacco;353

       (c) Venereal diseaseSexually transmitted infection 354
prevention education, including HIV/AIDS prevention education in 355
accordance with section 3313.6011 of the Revised Code, except that 356
upon written request of the student's parent or guardian, a 357
student shall be excused from taking instruction in venereal 358
disease education;sexually transmitted infection prevention. 359
Instruction shall stress abstinence but shall not exclude other 360
instruction and materials on contraceptive methods and infection 361
reduction measures.362

       (d) In grades kindergarten through six, instruction in 363
personal safety and assault prevention, except that upon written 364
request of the student's parent or guardian, a student shall be 365
excused from taking instruction in personal safety and assault 366
prevention;367

       (e) In grades seven through twelve, age-appropriate 368
instruction in dating violence prevention education, which shall 369
include instruction in recognizing dating violence warning signs 370
and characteristics of healthy relationships. 371

       In order to assist school districts in developing a dating 372
violence prevention education curriculum, the department of 373
education shall provide on its web site links to free curricula 374
addressing dating violence prevention. 375

       If the parent or legal guardian of a student less than 376
eighteen years of age submits to the principal of the student's 377
school a written request to examine the dating violence prevention 378
instruction materials used at that school, the principal, within a 379
reasonable period of time after the request is made, shall allow 380
the parent or guardian to examine those materials at that school. 381

       (6) Physical education;382

       (7) The fine arts, including music;383

       (8) First aid, including a training program in 384
cardiopulmonary resuscitation, safety, and fire prevention, except 385
that upon written request of the student's parent or guardian, a 386
student shall be excused from taking instruction in 387
cardiopulmonary resuscitation.388

       (B) Except as provided in division (E) of this section, every 389
school or school district shall include in the requirements for 390
promotion from the eighth grade to the ninth grade one year's 391
course of study of American history. A board may waive this 392
requirement for academically accelerated students who, in 393
accordance with procedures adopted by the board, are able to 394
demonstrate mastery of essential concepts and skills of the eighth 395
grade American history course of study.396

       (C) Except as provided in division (E) of this section, every 397
high school shall include in the requirements for graduation from 398
any curriculum one unit of American history and government, 399
including a study of the constitutions of the United States and of 400
Ohio.401

       (D) Except as provided in division (E) of this section, basic 402
instruction in geography, United States history, the government of 403
the United States, the government of the state of Ohio, local 404
government in Ohio, the Declaration of Independence, the United 405
States Constitution, and the Constitution of the state of Ohio 406
shall be required before pupils may participate in courses 407
involving the study of social problems, economics, foreign 408
affairs, United Nations, world government, socialism and 409
communism.410

       (E) For each cooperative education school district 411
established pursuant to section 3311.521 of the Revised Code and 412
each city, exempted village, and local school district that has 413
territory within such a cooperative district, the curriculum 414
adopted pursuant to divisions (A) to (D) of this section shall 415
only include the study of the subjects that apply to the grades 416
operated by each such school district. The curriculums for such 417
schools, when combined, shall provide to each student of these 418
districts all of the subjects required under divisions (A) to (D) 419
of this section.420

       (F) The board of education of any cooperative education 421
school district established pursuant to divisions (A) to (C) of 422
section 3311.52 of the Revised Code shall prescribe a curriculum 423
for the subject areas and grade levels offered in any school under 424
its control.425

       (G) Upon the request of any parent or legal guardian of a 426
student, the board of education of any school district shall 427
permit the parent or guardian to promptly examine, with respect to 428
the parent's or guardian's own child:429

       (1) Any survey or questionnaire, prior to its administration 430
to the child;431

       (2) Any textbook, workbook, software, video, or other 432
instructional materials being used by the district in connection 433
with the instruction of the child;434

       (3) Any completed and graded test taken or survey or 435
questionnaire filled out by the child;436

       (4) Copies of the statewide academic standards and each model 437
curriculum developed pursuant to section 3301.079 of the Revised 438
Code, which copies shall be available at all times during school 439
hours in each district school building.440

       Sec. 3313.6011.  (A) As used in this section, "sexual 441
activity" has the same meaning as in section 2907.01 of the 442
Revised Code.443

       (B) Instruction in venereal disease education pursuant to 444
division (A)(5)(c) of section 3313.60 of the Revised Code shall 445
emphasize that abstinence from sexual activity is the only 446
protection that is one hundred per cent effective against unwanted 447
pregnancy, sexually transmitted disease, and the sexual 448
transmission of a virus that causes acquired immunodeficiency 449
syndrome.450

       (C) In adopting minimum standards under section 3301.07 of 451
the Revised Code, the state board of education shall require 452
course material and instruction in venereal disease education 453
courses taught pursuant to division (A)(5)(c) of section 3313.60 454
of the Revised Code to do all of the following:455

       (1) Stress that students should abstain from sexual activity 456
until after marriage;457

       (2) Teach the potential physical, psychological, emotional, 458
and social side effects of participating in sexual activity 459
outside of marriage;460

       (3) Teach that conceiving children out of wedlock is likely 461
to have harmful consequences for the child, the child's parents, 462
and society;463

       (4) Stress that sexually transmitted diseases are serious 464
possible hazards of sexual activity;465

       (5) Advise students of the laws pertaining to financial 466
responsibility of parents to children born in and out of wedlock;467

       (6) Advise students of the circumstances under which it is 468
criminal to have sexual contact with a person under the age of 469
sixteen pursuant to section 2907.04 of the Revised Code;470

       (7) Emphasize adoption as an option for unintended 471
pregnancies.472

       (D):473

       (1) "Age-appropriate" means designed to teach concepts, 474
information, and skills based on the social, cognitive, and 475
emotional level of pupils.476

       (2) "Comprehensive sexual health education" means education 477
regarding human development and sexuality, including education on 478
sexual health, family planning, and sexually transmitted 479
infections.480

       (3) "HIV/AIDS prevention education" means instruction on the 481
nature of HIV/AIDS, methods of transmission, strategies to reduce 482
the risk of human immunodeficiency virus (HIV) infection, and 483
social and public health issues related to HIV/AIDS. "HIV/AIDS 484
prevention education" is not comprehensive sexual health 485
education.486

       (4) "Instructors trained in the appropriate courses" means 487
instructors with knowledge of the most recent medically and 488
scientifically accurate research on human sexuality, pregnancy, 489
and sexually transmitted infections.490

       (5) "Medically and scientifically accurate" means verified or 491
supported by research conducted in compliance with scientific 492
methods and published in peer-reviewed journals, where 493
appropriate, and recognized as accurate and objective by 494
professional organizations and agencies with expertise in the 495
relevant field, such as the United States centers for disease 496
control and prevention and the American college of obstetricians 497
and gynecologists.498

       (B) Any school district or educational service center may 499
offer comprehensive sexual health education. Beginning on the 500
first day August immediately following the effective date of this 501
amendment, each school district and educational service center 502
that elects to offer comprehensive sexual health education shall 503
ensure that the program meets all of the following requirements:504

       (1) Instruction and materials shall be age-appropriate.505

       (2) All factual information shall be medically and 506
scientifically accurate.507

       (3) Instruction and materials shall be appropriate for use 508
with all pupils regardless of gender, race, ethnic and cultural 509
background, religion, disability, sexual orientation, or gender 510
identity.511

       (4) Instruction and materials shall encourage pupils to 512
communicate with their parents or guardians about human sexuality.513

       (5) Instruction and materials shall teach all of the 514
following:515

        (a) That abstinence from sexual activity is the only certain 516
way to avoid pregnancy, sexually transmitted infections, and other 517
associated health problems;518

       (b) That bearing children outside of a committed relationship 519
is likely to have consequences for the child, the child's parents, 520
and society;521

       (c) How, as young people, to effectively reject sexual 522
advances and how alcohol and drug use increases vulnerability to 523
sexual advances;524

       (d) The importance of attaining self-sufficiency before 525
engaging in sexual activity.526

       (6) Instruction and materials shall stress abstinence but 527
shall not exclude other instruction and materials on contraceptive 528
methods and infection reduction measures.529

       (7) If age-appropriate, instruction and materials shall 530
provide information about the effectiveness and safety, including 531
the health benefits and side effects, of all contraceptive methods 532
in preventing unintended pregnancy and reducing the risk of 533
contracting sexually transmitted infections.534

       (8) Instruction about sexually transmitted infections shall 535
commence not later than grade seven. The instruction shall include 536
information on how sexually transmitted infections are and are not 537
transmitted, the effectiveness and methods of reducing the risk of 538
contracting sexually transmitted infections, and identification of 539
local resources for testing and medical care for sexually 540
transmitted infections and HIV.541

       (9) If age-appropriate, instruction and materials shall 542
provide pupils with skills for negotiating intimate relationships 543
and making and implementing responsible decisions about sexuality.544

       (10) If age-appropriate, instruction and materials shall 545
include a discussion of the possible emotional, physical, and 546
psychological consequences of preadolescent and adolescent sexual 547
activity and the emotional, physical, and psychological 548
consequences of unintended pregnancy.549

       (11) Instruction and materials shall teach pupils to 550
recognize unwanted physical and verbal sexual advances, not to 551
make unwanted physical and verbal sexual advances, and how to 552
effectively reject unwanted sexual advances. The instruction and 553
materials shall cover verbal, physical, and visual sexual 554
harassment, including nonconsensual physical sexual contact and 555
rape by an acquaintance or family member. The course information 556
and materials shall emphasize personal accountability and respect 557
for others and shall encourage youth to resist peer pressure.558

       (12) Comprehensive sexual health education shall not include 559
any instruction or materials that teach or promote religious 560
doctrine.561

       A school district or educational service center may use 562
separate, outside speakers or prepared curricula to teach 563
different content areas or units with the comprehensive sexual 564
health education program, as long as all speakers, curricula, and 565
materials used comply with this section.566

       (C) Each city, local, exempted village, and joint vocational 567
school district shall ensure that each pupil in grades seven 568
through twelve receives HIV/AIDS prevention education from 569
instructors trained in the appropriate courses. Each pupil shall 570
receive this instruction at least once in grades seven through 571
nine, and at least once in grades ten through twelve. HIV/AIDS 572
prevention education, whether taught by school district personnel 573
or outside consultants, shall accurately reflect the latest 574
information and recommendations from the United States surgeon 575
general, the United States centers for disease control and 576
prevention, and the national academy of sciences, and shall 577
include all of the following:578

       (1) Information on the nature of HIV/AIDS and its effects on 579
the human body;580

       (2) Information on the manner in which HIV is and is not 581
transmitted, including information on activities that present the 582
highest risk of HIV infection;583

       (3) Discussion of methods to reduce the risk of HIV 584
infection, which shall emphasize that sexual abstinence, monogamy, 585
and the avoidance of multiple sexual partners, and abstinence from 586
intravenous drug use, are the most effective means for HIV/AIDS 587
prevention, but shall also include statistics based upon the 588
latest medical information citing the success and failure rates of 589
condoms and other contraceptives in preventing sexually 590
transmitted HIV infection, as well as information on other methods 591
that may reduce the risk of HIV transmission from intravenous drug 592
use;593

       (4) Discussion of the public health issues associated with 594
HIV/AIDS;595

       (5) Information on local resources for HIV testing and 596
medical care;597

       (6) Instruction and materials that provide pupils with skills 598
for negotiating intimate relationships and making and implementing 599
responsible decisions about sexuality;600

       (7) Discussion about societal views on HIV/AIDS, including 601
stereotypes and myths regarding persons with HIV/AIDS, which shall 602
emphasize an understanding of the condition and its impact on 603
people's lives;604

       (8) Instruction and materials that teach pupils to recognize 605
unwanted physical and verbal sexual advances, not to make unwanted 606
physical and verbal sexual advances, and how to effectively reject 607
unwanted sexual advances. The instruction and materials shall 608
cover verbal, physical, and visual sexual harassment, including 609
nonconsensual physical sexual contact and rape by an acquaintance 610
or family member. The course information and materials shall 611
emphasize personal accountability and respect for others and shall 612
encourage youth to resist peer pressure.613

       (D) Each school district and educational service center shall 614
cooperatively plan and provide, through regional planning, joint 615
powers agreements, or contract services, in-service training for 616
all school district personnel who provide comprehensive sexual 617
health education or HIV/AIDS prevention education. In doing so, 618
each district and service center shall consult with the department 619
of education.620

       The in-service training shall be conducted periodically to 621
enable district and service center personnel to learn new 622
developments in the scientific understanding of sexual health and 623
HIV/AIDS. The in-service training shall be voluntary for district 624
and service center personnel who have demonstrated expertise or 625
received in-service training from the department or the United 626
States centers for disease control and prevention.627

       A district or service center may contract with outside 628
consultants with expertise in comprehensive sexual health 629
education and HIV/AIDS prevention education, including those who 630
have developed multilingual curricula or curricula accessible to 631
persons with disabilities, to deliver the in-service training to 632
district or service center personnel.633

       (E) At the beginning of each school year, or at the time of 634
enrollment in the case of a pupil who enrolls after the beginning 635
of the school year, each school district shall notify the parent 636
or guardian of each pupil about instruction in comprehensive 637
sexual health education and HIV/AIDS prevention education and 638
about research on pupil health behaviors and health risks planned 639
for that year. The notice shall advise parents and guardians of 640
all of the following:641

       (1) That written and audio-visual educational materials used 642
in comprehensive sexual health education and HIV/AIDS prevention 643
education are available for inspection;644

       (2) Whether comprehensive sexual health education or HIV/AIDS 645
prevention education will be taught by school district personnel 646
or by outside consultants;647

       (3) That a parent or guardian may request a copy of this 648
section;649

       (4) That a parent or guardian may request in writing that the 650
child not receive comprehensive sexual health education or 651
HIV/AIDS prevention education.652

       A school district or educational service center shall not 653
permit a pupil to attend any class in comprehensive sexual health 654
education or HIV/AIDS prevention education if the school has 655
received a written request from the pupil's parent or guardian 656
excusing the pupil from participation. A pupil who is so excused 657
shall not be subject to disciplinary action, academic penalty, or 658
other sanction, and the district or service center shall make an 659
alternative educational activity available for the pupil while 660
comprehensive sexual health education or HIV/AIDS prevention 661
education is conducted.662

       Each school district and educational service center shall 663
make written and audio-visual educational materials used in 664
comprehensive sexual health education and HIV/AIDS prevention 665
education available for inspection by the parents and guardians of 666
pupils. Each school district shall provide a copy of this section 667
upon request to the parent or guardian of a pupil enrolled in the 668
district.669

       (F) Any model education program for health education the 670
state board of education adopts shall conform to the requirements 671
of this section.672

       (E) On and after March 18, 1999, and notwithstanding(G) If a 673
school district or educational service center does not elect to 674
offer comprehensive sexual health education under this section, 675
any sexual education that the school district or educational 676
service center offers, including instruction in sexually 677
transmitted infection prevention pursuant to division (A)(5)(c) of 678
section 3313.60 of the Revised Code, shall stress abstinence but 679
shall not exclude other instruction and materials on contraceptive 680
methods and infection reduction measures.681

       (H) Notwithstanding section 3302.07 of the Revised Code, the 682
superintendent of public instruction shall not approve, pursuant 683
to that section 3302.07 of the Revised Code, any waiver of any 684
requirement of this section or of any rule adopted by the state 685
board of education pursuant to this section.686

       Sec. 3314.03.  A copy of every contract entered into under 687
this section shall be filed with the superintendent of public 688
instruction.689

       (A) Each contract entered into between a sponsor and the 690
governing authority of a community school shall specify the 691
following:692

       (1) That the school shall be established as either of the 693
following:694

       (a) A nonprofit corporation established under Chapter 1702. 695
of the Revised Code, if established prior to April 8, 2003;696

       (b) A public benefit corporation established under Chapter 697
1702. of the Revised Code, if established after April 8, 2003.698

       (2) The education program of the school, including the 699
school's mission, the characteristics of the students the school 700
is expected to attract, the ages and grades of students, and the 701
focus of the curriculum;702

       (3) The academic goals to be achieved and the method of 703
measurement that will be used to determine progress toward those 704
goals, which shall include the statewide achievement assessments;705

       (4) Performance standards by which the success of the school 706
will be evaluated by the sponsor;707

       (5) The admission standards of section 3314.06 of the Revised 708
Code and, if applicable, section 3314.061 of the Revised Code;709

       (6)(a) Dismissal procedures;710

       (b) A requirement that the governing authority adopt an 711
attendance policy that includes a procedure for automatically 712
withdrawing a student from the school if the student without a 713
legitimate excuse fails to participate in one hundred five 714
consecutive hours of the learning opportunities offered to the 715
student.716

       (7) The ways by which the school will achieve racial and 717
ethnic balance reflective of the community it serves;718

       (8) Requirements for financial audits by the auditor of 719
state. The contract shall require financial records of the school 720
to be maintained in the same manner as are financial records of 721
school districts, pursuant to rules of the auditor of state. 722
Audits shall be conducted in accordance with section 117.10 of the 723
Revised Code.724

       (9) The facilities to be used and their locations;725

       (10) Qualifications of teachers, including the following:726

       (a) A requirement that the school's classroom teachers be 727
licensed in accordance with sections 3319.22 to 3319.31 of the 728
Revised Code, except that a community school may engage 729
noncertificated persons to teach up to twelve hours per week 730
pursuant to section 3319.301 of the Revised Code;731

       (b) A requirement that each classroom teacher initially hired 732
by the school on or after July 1, 2013, and employed to provide 733
instruction in physical education hold a valid license issued 734
pursuant to section 3319.22 of the Revised Code for teaching 735
physical education.736

       (11) That the school will comply with the following 737
requirements:738

       (a) The school will provide learning opportunities to a 739
minimum of twenty-five students for a minimum of nine hundred 740
twenty hours per school year.741

       (b) The governing authority will purchase liability 742
insurance, or otherwise provide for the potential liability of the 743
school.744

       (c) The school will be nonsectarian in its programs, 745
admission policies, employment practices, and all other 746
operations, and will not be operated by a sectarian school or 747
religious institution.748

       (d) The school will comply with sections 9.90, 9.91, 109.65, 749
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, 750
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, 751
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 752
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 753
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 754
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817755
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 756
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 757
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and 758
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., 759
and 4167. of the Revised Code as if it were a school district and 760
will comply with section 3301.0714 of the Revised Code in the 761
manner specified in section 3314.17 of the Revised Code.762

       (e) The school shall comply with Chapter 102. and section 763
2921.42 of the Revised Code.764

       (f) The school will comply with sections 3313.61, 3313.611, 765
and 3313.614 of the Revised Code, except that for students who 766
enter ninth grade for the first time before July 1, 2010, the 767
requirement in sections 3313.61 and 3313.611 of the Revised Code 768
that a person must successfully complete the curriculum in any 769
high school prior to receiving a high school diploma may be met by 770
completing the curriculum adopted by the governing authority of 771
the community school rather than the curriculum specified in Title 772
XXXIII of the Revised Code or any rules of the state board of 773
education. Beginning with students who enter ninth grade for the 774
first time on or after July 1, 2010, the requirement in sections 775
3313.61 and 3313.611 of the Revised Code that a person must 776
successfully complete the curriculum of a high school prior to 777
receiving a high school diploma shall be met by completing the 778
Ohio core curriculum prescribed in division (C) of section 779
3313.603 of the Revised Code, unless the person qualifies under 780
division (D) or (F) of that section. Each school shall comply with 781
the plan for awarding high school credit based on demonstration of 782
subject area competency, adopted by the state board of education 783
under division (J) of section 3313.603 of the Revised Code.784

       (g) The school governing authority will submit within four 785
months after the end of each school year a report of its 786
activities and progress in meeting the goals and standards of 787
divisions (A)(3) and (4) of this section and its financial status 788
to the sponsor and the parents of all students enrolled in the 789
school.790

       (h) The school, unless it is an internet- or computer-based 791
community school, will comply with sections 3313.674 and 3313.801 792
of the Revised Code as if it were a school district.793

       (12) Arrangements for providing health and other benefits to 794
employees;795

       (13) The length of the contract, which shall begin at the 796
beginning of an academic year. No contract shall exceed five years 797
unless such contract has been renewed pursuant to division (E) of 798
this section.799

       (14) The governing authority of the school, which shall be 800
responsible for carrying out the provisions of the contract;801

       (15) A financial plan detailing an estimated school budget 802
for each year of the period of the contract and specifying the 803
total estimated per pupil expenditure amount for each such year. 804
The plan shall specify for each year the base formula amount that 805
will be used for purposes of funding calculations under section 806
3314.08 of the Revised Code. This base formula amount for any year 807
shall not exceed the formula amount defined under section 3317.02 808
of the Revised Code. The plan may also specify for any year a 809
percentage figure to be used for reducing the per pupil amount of 810
the subsidy calculated pursuant to section 3317.029 of the Revised 811
Code the school is to receive that year under section 3314.08 of 812
the Revised Code.813

       (16) Requirements and procedures regarding the disposition of 814
employees of the school in the event the contract is terminated or 815
not renewed pursuant to section 3314.07 of the Revised Code;816

       (17) Whether the school is to be created by converting all or 817
part of an existing public school or educational service center 818
building or is to be a new start-up school, and if it is a 819
converted public school or service center building, specification 820
of any duties or responsibilities of an employer that the board of 821
education or service center governing board that operated the 822
school or building before conversion is delegating to the 823
governing authority of the community school with respect to all or 824
any specified group of employees provided the delegation is not 825
prohibited by a collective bargaining agreement applicable to such 826
employees;827

       (18) Provisions establishing procedures for resolving 828
disputes or differences of opinion between the sponsor and the 829
governing authority of the community school;830

       (19) A provision requiring the governing authority to adopt a 831
policy regarding the admission of students who reside outside the 832
district in which the school is located. That policy shall comply 833
with the admissions procedures specified in sections 3314.06 and 834
3314.061 of the Revised Code and, at the sole discretion of the 835
authority, shall do one of the following:836

       (a) Prohibit the enrollment of students who reside outside 837
the district in which the school is located;838

       (b) Permit the enrollment of students who reside in districts 839
adjacent to the district in which the school is located;840

       (c) Permit the enrollment of students who reside in any other 841
district in the state.842

       (20) A provision recognizing the authority of the department 843
of education to take over the sponsorship of the school in 844
accordance with the provisions of division (C) of section 3314.015 845
of the Revised Code;846

       (21) A provision recognizing the sponsor's authority to 847
assume the operation of a school under the conditions specified in 848
division (B) of section 3314.073 of the Revised Code;849

        (22) A provision recognizing both of the following:850

       (a) The authority of public health and safety officials to 851
inspect the facilities of the school and to order the facilities 852
closed if those officials find that the facilities are not in 853
compliance with health and safety laws and regulations;854

       (b) The authority of the department of education as the 855
community school oversight body to suspend the operation of the 856
school under section 3314.072 of the Revised Code if the 857
department has evidence of conditions or violations of law at the 858
school that pose an imminent danger to the health and safety of 859
the school's students and employees and the sponsor refuses to 860
take such action;861

        (23) A description of the learning opportunities that will be 862
offered to students including both classroom-based and 863
non-classroom-based learning opportunities that is in compliance 864
with criteria for student participation established by the 865
department under division (L)(2) of section 3314.08 of the Revised 866
Code;867

       (24) The school will comply with sections 3302.04 and 868
3302.041 of the Revised Code, except that any action required to 869
be taken by a school district pursuant to those sections shall be 870
taken by the sponsor of the school. However, the sponsor shall not 871
be required to take any action described in division (F) of 872
section 3302.04 of the Revised Code.873

       (25) Beginning in the 2006-2007 school year, the school will 874
open for operation not later than the thirtieth day of September 875
each school year, unless the mission of the school as specified 876
under division (A)(2) of this section is solely to serve dropouts. 877
In its initial year of operation, if the school fails to open by 878
the thirtieth day of September, or within one year after the 879
adoption of the contract pursuant to division (D) of section 880
3314.02 of the Revised Code if the mission of the school is solely 881
to serve dropouts, the contract shall be void.882

       (B) The community school shall also submit to the sponsor a 883
comprehensive plan for the school. The plan shall specify the 884
following:885

       (1) The process by which the governing authority of the 886
school will be selected in the future;887

       (2) The management and administration of the school;888

       (3) If the community school is a currently existing public 889
school or educational service center building, alternative 890
arrangements for current public school students who choose not to 891
attend the converted school and for teachers who choose not to 892
teach in the school or building after conversion;893

       (4) The instructional program and educational philosophy of 894
the school;895

       (5) Internal financial controls.896

       (C) A contract entered into under section 3314.02 of the 897
Revised Code between a sponsor and the governing authority of a 898
community school may provide for the community school governing 899
authority to make payments to the sponsor, which is hereby 900
authorized to receive such payments as set forth in the contract 901
between the governing authority and the sponsor. The total amount 902
of such payments for oversight and monitoring of the school shall 903
not exceed three per cent of the total amount of payments for 904
operating expenses that the school receives from the state.905

       (D) The contract shall specify the duties of the sponsor 906
which shall be in accordance with the written agreement entered 907
into with the department of education under division (B) of 908
section 3314.015 of the Revised Code and shall include the 909
following:910

        (1) Monitor the community school's compliance with all laws 911
applicable to the school and with the terms of the contract;912

        (2) Monitor and evaluate the academic and fiscal performance 913
and the organization and operation of the community school on at 914
least an annual basis;915

        (3) Report on an annual basis the results of the evaluation 916
conducted under division (D)(2) of this section to the department 917
of education and to the parents of students enrolled in the 918
community school;919

        (4) Provide technical assistance to the community school in 920
complying with laws applicable to the school and terms of the 921
contract;922

        (5) Take steps to intervene in the school's operation to 923
correct problems in the school's overall performance, declare the 924
school to be on probationary status pursuant to section 3314.073 925
of the Revised Code, suspend the operation of the school pursuant 926
to section 3314.072 of the Revised Code, or terminate the contract 927
of the school pursuant to section 3314.07 of the Revised Code as 928
determined necessary by the sponsor;929

        (6) Have in place a plan of action to be undertaken in the 930
event the community school experiences financial difficulties or 931
closes prior to the end of a school year.932

        (E) Upon the expiration of a contract entered into under this 933
section, the sponsor of a community school may, with the approval 934
of the governing authority of the school, renew that contract for 935
a period of time determined by the sponsor, but not ending earlier 936
than the end of any school year, if the sponsor finds that the 937
school's compliance with applicable laws and terms of the contract 938
and the school's progress in meeting the academic goals prescribed 939
in the contract have been satisfactory. Any contract that is 940
renewed under this division remains subject to the provisions of 941
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.942

       (F) If a community school fails to open for operation within 943
one year after the contract entered into under this section is 944
adopted pursuant to division (D) of section 3314.02 of the Revised 945
Code or permanently closes prior to the expiration of the 946
contract, the contract shall be void and the school shall not 947
enter into a contract with any other sponsor. A school shall not 948
be considered permanently closed because the operations of the 949
school have been suspended pursuant to section 3314.072 of the 950
Revised Code. Any contract that becomes void under this division 951
shall not count toward any statewide limit on the number of such 952
contracts prescribed by section 3314.013 of the Revised Code.953

       Sec. 3326.11. Each science, technology, engineering, and 954
mathematics school established under this chapter and its 955
governing body shall comply with sections 9.90, 9.91, 109.65, 956
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, 957
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 958
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 959
3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013, 3313.6014, 960
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 961
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 962
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 963
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 964
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, 965
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 966
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 967
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 968
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 969
4167. of the Revised Code as if it were a school district.970

       Sec. 3701.048. (A) There is hereby created the Ohio teen 971
pregnancy prevention task force. The task force shall commence its 972
activities not later than thirty days after the effective date of 973
this section.974

       (B) The task force shall consist of the following members:975

       (1) The director of health or the director's designee;976

       (2) The superintendent of public instruction or the 977
superintendent's designee;978

       (3) Two members of the house of representatives, one 979
appointed by the speaker of the house of representatives and one 980
appointed by the minority leader of the house of representatives;981

       (4) Two members of the senate, one appointed by the president 982
of the senate and one appointed by the minority leader of the 983
senate;984

       (5) One member of the commission on minority health;985

       (6) Two teens who reside in this state, appointed by the 986
director of health;987

       (7) Two parents who reside in this state and are the parents 988
of teens who reside in this state, appointed by the director of 989
health;990

       (8) Two teachers who reside in this state and are employed as 991
classroom teachers in this state, appointed by the director of 992
health;993

       (9) One representative of each of the following, appointed by 994
the director of health:995

       (a) Community-based organizations that provide teen pregnancy 996
prevention services;997

       (b) Public health professionals;998

       (c) Licensed medical practitioners;999

       (d) School nurses.1000

       (C) Members shall serve without compensation, but may be 1001
reimbursed for actual and necessary expenses incurred in the 1002
performance of their duties. The department of health shall 1003
provide meeting space for the task force.1004

       (D) The director of health or the director's designee shall 1005
serve as chairperson of the task force. The task force shall 1006
convene at the call of the chairperson.1007

       (E) The task force shall do all of the following:1008

       (1) Advise the governor and general assembly on strategies to 1009
prevent teen pregnancy in this state;1010

       (2) Monitor and evaluate implementation of strategies to 1011
prevent teen pregnancy in this state, identify barriers to 1012
implementing those strategies, and establish methods to overcome 1013
the barriers;1014

       (3) Collect and maintain information regarding successful 1015
teen pregnancy prevention programs, research, and other relevant 1016
materials to guide the governor and general assembly in their 1017
efforts to reduce the number of teen pregnancies in this state;1018

       (4) Explore the establishment of a program within the 1019
department of health that would award grants to federally 1020
qualified health centers, as defined in section 3701.047 of the 1021
Revised Code, to establish or expand teen pregnancy prevention 1022
programs;1023

       (5) Collect information provided by local communities 1024
regarding successful teen pregnancy prevention programs;1025

       (6) Hold meetings and maintain records of the meetings;1026

       (7) Perform any other duties specified by the director of 1027
health.1028

       (F) Not later than December 1 of each year, the task force 1029
shall submit an annual report to the governor and, in accordance 1030
with section 101.68 of the Revised Code, the general assembly. The 1031
report shall summarize the task force's findings and 1032
recommendations for changes to the laws of this state regarding 1033
teen pregnancy. The initial report shall also include a 1034
comprehensive assessment of teen pregnancy in this state and make 1035
recommendations for reducing the number of teen pregnancies. 1036
Subsequent reports shall also evaluate the success of programs 1037
undertaken to reduce teen pregnancies and make additional 1038
recommendations as necessary.1039

       Sec. 3727.60.  As used in this section and sections 3727.601 1040
and 3727.602 of the Revised Code:1041

       (A) "Drug" has the same meaning as in the "Federal Food, 1042
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. 1043
321(g)(1), as amended. 1044

       (B) "Device" has the same meaning as in the "Federal Food, 1045
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. 1046
321(h), as amended.1047

       (C) "Emergency contraception" means any drug, drug regimen, 1048
or device intended to prevent pregnancy after unprotected sexual 1049
intercourse or contraceptive failure.1050

       (D) "Sexual assault" means a violation of sections 2907.02 to 1051
2907.06 of the Revised Code.1052

       Sec. 3727.601.  (A) It shall be the standard of care in this 1053
state for hospitals that offer organized emergency services to 1054
provide the services specified in divisions (B) and (C) of this 1055
section to victims of sexual assault or individuals reported to be 1056
victims of sexual assault. The services shall be provided without 1057
regard to the ability of the victim or individual reported to be a 1058
victim to pay for the services.1059

       (B) Except as provided in division (E) of this section, the 1060
services specified in divisions (B)(1) and (2) of this section 1061
shall be provided by the hospital to a victim of sexual assault or 1062
individual reported to be a victim of sexual assault who is female 1063
and, as determined by the hospital, is of child-bearing age.1064

       (1) The hospital shall provide the victim or individual 1065
reported to be a victim with information about emergency 1066
contraception. The information shall be medically and factually 1067
accurate and unbiased. It shall be provided in clear and concise 1068
language in both written and oral formats. The information shall 1069
explain all of the following:1070

       (a) That emergency contraception has been approved by the 1071
United States food and drug administration for use by women of all 1072
ages with a prescription and as an over-the-counter product for 1073
women seventeen years of age or older as a safe and effective 1074
means to prevent pregnancy after unprotected sexual intercourse or 1075
contraceptive failure if used in a timely manner;1076

       (b) That emergency contraception is more effective the sooner 1077
it is used following unprotected sexual intercourse or 1078
contraceptive failure;1079

       (c) That emergency contraception does not cause an abortion 1080
and studies have shown that it does not interrupt an established 1081
pregnancy.1082

       (2) The hospital shall promptly offer emergency contraception 1083
to the victim or individual reported to be a victim and provide 1084
the emergency contraception if the victim or individual accepts 1085
the offer.1086

       (C) The services specified in divisions (C)(1) to (4) of this 1087
section shall be provided by the hospital to a victim of sexual 1088
assault or individual reported to be a victim of sexual assault 1089
who is female, regardless of whether the victim or individual is 1090
of child-bearing age, and to a victim of sexual assault or 1091
individual reported to be a victim of sexual assault who is male.1092

       (1) The hospital shall promptly provide the victim or 1093
individual reported to be a victim with an assessment of the 1094
victim's or individual's risk of contracting sexually transmitted 1095
infections, including gonorrhea, chlamydia, syphilis, and 1096
hepatitis. The assessment shall be conducted by a physician, 1097
physician assistant, clinical nurse specialist, certified nurse 1098
practitioner, certified nurse-midwife, or registered nurse. The 1099
assessment shall be based on the following:1100

       (a) The available information regarding the sexual assault;1101

       (b) The established standards of risk assessment, including 1102
consideration of any recommendations established by the United 1103
States centers for disease control and prevention, peer-reviewed 1104
clinical studies, and appropriate research using in vitro and 1105
nonhuman primate models of infection.1106

       (2) After conducting the assessment, the hospital shall 1107
provide the victim or individual reported to be a victim with 1108
counseling concerning the significantly prevalent sexually 1109
transmitted infections for which effective postexposure treatment 1110
exists and for which deferral of treatment would either 1111
significantly reduce treatment efficacy or pose substantial risk 1112
to the victim's or individual's health, including the infections 1113
for which prophylactic treatment is recommended based on 1114
guidelines from the centers for disease control and prevention. 1115
The counseling shall be provided by a physician, physician 1116
assistant, clinical nurse specialist, certified nurse 1117
practitioner, certified nurse-midwife, or registered nurse. The 1118
counseling shall be provided in clear and concise language.1119

        (3) After providing the counseling, the hospital shall offer 1120
treatment for sexually transmitted infections to the victim or 1121
individual reported to be a victim. The hospital shall provide the 1122
treatment if the victim or individual accepts the offer.1123

        (4) Before the victim or individual reported to be a victim 1124
leaves the hospital, the hospital shall provide the victim or 1125
individual with counseling on the physical and mental health 1126
benefits of seeking follow-up care from the victim's or 1127
individual's primary care physician or from another medical care 1128
provider capable of providing follow-up care to victims of sexual 1129
assault. The counseling shall include information on local 1130
organizations and relevant health providers capable of providing 1131
either follow-up medical care or other health services to victims 1132
of sexual assault. The counseling shall be provided by a 1133
physician, physician assistant, clinical nurse specialist, 1134
certified nurse practitioner, certified nurse-midwife, or 1135
registered nurse. The counseling shall be provided in clear and 1136
concise language.1137

        (D) In the case of minors, the services specified in this 1138
section shall be provided at the discretion of the treating 1139
physician and in accordance with the guidelines of the centers for 1140
disease control and prevention.1141

       Notwithstanding any other provision of law, a minor may 1142
consent to the services specified in this section. The consent is 1143
not subject to disaffirmance because of minority, and consent of 1144
the parent, parents, or guardian of the minor is not required for 1145
the services to be provided.1146

       (E) In either of the following cases, a hospital is not 1147
required to provide information about emergency contraception, to 1148
offer emergency contraception, or to provide emergency 1149
contraception to a victim of sexual assault or individual reported 1150
to be a victim of sexual assault who is female and, as determined 1151
by the hospital, is of child-bearing age:1152

        (1) The hospital is aware that the victim or individual is 1153
incapable of becoming pregnant.1154

        (2) The hospital is aware that the victim or individual is 1155
pregnant.1156

        If the hospital has a pregnancy test performed to confirm 1157
whether the victim or individual is pregnant, the hospital shall 1158
have the test performed in such a manner that the results of the 1159
test are made available to the victim or individual during the 1160
initial visit to the hospital regarding the sexual assault.1161

       (F) Nothing in this section shall be construed as meaning any 1162
of the following:1163

       (1) That a hospital is required to provide treatment to a 1164
victim or individual reported to be a victim of sexual assault if 1165
the treatment goes against recommendations established by the 1166
United States centers for disease control and prevention;1167

       (2) That a victim or individual reported to be a victim of 1168
sexual assault is required to submit to any testing or treatment;1169

       (3) That a hospital is prohibited from seeking reimbursement 1170
for the costs of services provided under this section from the 1171
victim's or individual's health insurance or from medicaid, if 1172
applicable, and to the extent permitted by section 2907.28 of the 1173
Revised Code.1174

       Sec. 3727.602.  In addition to other remedies under common 1175
law, an individual may file a complaint with the department of 1176
health if the individual believes a hospital has failed to comply 1177
with the requirements of section 3727.601 of the Revised Code. The 1178
department shall investigate the complaint in a timely manner.1179

        If the department determines that a hospital has failed to 1180
provide the services required by section 3727.601 of the Revised 1181
Code to a victim of sexual assault or individual reported to be a 1182
victim of sexual assault, the department shall, pursuant to an 1183
adjudication under Chapter 119. of the Revised Code, impose a 1184
civil penalty of not less than ten thousand dollars for each 1185
violation.1186

       If the hospital has previously violated section 3727.601 of 1187
the Revised Code, the department may ask the attorney general to 1188
bring an action for injunctive relief in any court of competent 1189
jurisdiction. On the filing of an appropriate petition in the 1190
court, the court may conduct a hearing on the petition. If it is 1191
demonstrated in the proceedings that the hospital has failed to 1192
provide the services, the court shall grant a temporary or 1193
permanent injunction enjoining the hospital's operation.1194

       Sec. 3923.85. (A) Notwithstanding section 3901.71 of the 1195
Revised Code, no individual or group policy of sickness and 1196
accident insurance that is delivered, issued for delivery, or 1197
renewed in this state or public employee benefit plan that is 1198
established or modified in this state shall do either of the 1199
following:1200

        (1) Limit or exclude coverage for prescription contraceptive 1201
drugs or devices approved by the United States food and drug 1202
administration, if the policy or plan provides coverage for other 1203
prescription drugs or devices;1204

        (2) Limit or exclude coverage for outpatient services 1205
rendered by a health care professional that are related to the 1206
provision of such drugs or devices, if the policy or plan provides 1207
coverage for other outpatient services rendered by a health care 1208
professional.1209

        (B) The coverage provided under division (A) of this section 1210
shall be subject to the same terms and conditions, including 1211
copayments and deductibles, that apply to similar coverage 1212
provided under the policy or plan.1213

       Sec. 4729.16.  (A) The state board of pharmacy, after notice 1214
and hearing in accordance with Chapter 119. of the Revised Code, 1215
may revokedo one or more of the following if it finds that a 1216
pharmacist or pharmacy intern has committed an act described in 1217
division (B) of this section:1218

       (1) Revoke, suspend, limit, place on probation, or refuse to 1219
grant or renew an identification card, or may impose;1220

       (2) Impose a monetary penalty or forfeiture not to exceed in 1221
severity any fine designated under the Revised Code for a similar 1222
offense, or in the case of a violation of a section of the Revised 1223
Code that does not bear a penalty, a monetary penalty or 1224
forfeiture of not more than five hundred dollars,.1225

       (B) An action described in division (A) of this section may 1226
be taken by the board if the boardit finds a pharmacist or 1227
pharmacy intern:1228

       (1) Guilty of a felony or gross immorality;1229

       (2) Guilty of dishonesty or unprofessional conduct in the 1230
practice of pharmacy;1231

       (3) Addicted to or abusing liquor or drugs or impaired 1232
physically or mentally to such a degree as to render the 1233
pharmacist or pharmacy intern unfit to practice pharmacy;1234

       (4) Has been convicted of a misdemeanor related to, or 1235
committed in, the practice of pharmacy;1236

       (5) Guilty of willfully violating, conspiring to violate, 1237
attempting to violate, or aiding and abetting the violation of any 1238
of the provisions of this chapter, sections 3715.52 to 3715.72 of 1239
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or 1240
any rule adopted by the board under those provisions;1241

       (6) Guilty of permitting anyone other than a pharmacist or 1242
pharmacy intern to practice pharmacy;1243

       (7) Guilty of knowingly lending the pharmacist's or pharmacy 1244
intern's name to an illegal practitioner of pharmacy or having 1245
professional connection with an illegal practitioner of pharmacy;1246

       (8) Guilty of dividing or agreeing to divide remuneration 1247
made in the practice of pharmacy with any other individual, 1248
including, but not limited to, any licensed health professional 1249
authorized to prescribe drugs or any owner, manager, or employee 1250
of a health care facility, residential care facility, or nursing 1251
home;1252

       (9) Has violated the terms of a consult agreement entered 1253
into pursuant to section 4729.39 of the Revised Code;1254

       (10) Has committed fraud, misrepresentation, or deception in 1255
applying for or securing a license or identification card issued 1256
by the board under this chapter or under Chapter 3715. or 3719. of 1257
the Revised Code;1258

       (11) Has failed to comply with the requirements of section 1259
4729.43 of the Revised Code.1260

       (B)(C) Any individual whose identification card is revoked, 1261
suspended, or refused, shall return the identification card and 1262
license to the offices of the state board of pharmacy within ten 1263
days after receipt of notice of such action.1264

       (C)(D) As used in this section:1265

       "Unprofessional conduct in the practice of pharmacy" includes 1266
any of the following:1267

       (1) Advertising or displaying signs that promote dangerous 1268
drugs to the public in a manner that is false or misleading;1269

       (2) Except as provided in section 4729.281 of the Revised 1270
Code, the sale of any drug for which a prescription is required, 1271
without having received a prescription for the drug;1272

       (3) Knowingly dispensing medication pursuant to false or 1273
forged prescriptions;1274

       (4) Knowingly failing to maintain complete and accurate 1275
records of all dangerous drugs received or dispensed in compliance 1276
with federal laws and regulations and state laws and rules;1277

       (5) Obtaining any remuneration by fraud, misrepresentation, 1278
or deception.1279

       (D)(E) The board may suspend a license or identification card 1280
under division (B) of section 3719.121 of the Revised Code by 1281
utilizing a telephone conference call to review the allegations 1282
and take a vote.1283

       (E)(F) If, pursuant to an adjudication under Chapter 119. of 1284
the Revised Code, the board has reasonable cause to believe that a 1285
pharmacist or pharmacy intern is physically or mentally impaired, 1286
the board may require the pharmacist or pharmacy intern to submit 1287
to a physical or mental examination, or both.1288

       Sec. 4729.18.  The state board of pharmacy shall adopt rules 1289
in accordance with Chapter 119. of the Revised Code establishing 1290
standards for approving and designating physicians and facilities 1291
as treatment providers for pharmacists with substance abuse 1292
problems and shall approve and designate treatment providers in 1293
accordance with the rules. The rules shall include standards for 1294
both inpatient and outpatient treatment. The rules shall provide 1295
that to be approved, a treatment provider must be capable of 1296
making an initial examination to determine the type of treatment 1297
required for a pharmacist with substance abuse problems. Subject 1298
to the rules, the board shall review and approve treatment 1299
providers on a regular basis and may, at its discretion, withdraw 1300
or deny approval.1301

       An approved treatment provider shall:1302

       (A) Report to the board the name of any pharmacist suffering 1303
or showing evidence of suffering impairment by reason of being 1304
addicted to or abusing liquor or drugs as described in division 1305
(A)(B)(3) of section 4729.16 of the Revised Code who fails to 1306
comply within one week with a referral for examination;1307

       (B) Report to the board the name of any impaired pharmacist 1308
who fails to enter treatment within forty-eight hours following 1309
the provider's determination that the pharmacist needs treatment;1310

       (C) Require every pharmacist who enters treatment to agree to 1311
a treatment contract establishing the terms of treatment and 1312
aftercare, including any required supervision or restrictions of 1313
practice during treatment or aftercare;1314

       (D) Require a pharmacist to suspend practice on entering any 1315
required inpatient treatment;1316

       (E) Report to the board any failure by an impaired pharmacist 1317
to comply with the terms of the treatment contract during 1318
inpatient or outpatient treatment or aftercare;1319

       (F) Report to the board the resumption of practice of any 1320
impaired pharmacist before the treatment provider has made a clear 1321
determination that the pharmacist is capable of practicing 1322
according to acceptable and prevailing standards;1323

       (G) Require a pharmacist who resumes practice after 1324
completion of treatment to comply with an aftercare contract that 1325
meets the requirements of rules adopted by the board for approval 1326
of treatment providers;1327

       (H) Report to the board any pharmacist who suffers a relapse 1328
at any time during or following aftercare.1329

       Any pharmacist who enters into treatment by an approved 1330
treatment provider shall be deemed to have waived any 1331
confidentiality requirements that would otherwise prevent the 1332
treatment provider from making reports required under this 1333
section.1334

       In the absence of fraud or bad faith, no professional 1335
association of pharmacists licensed under this chapter that 1336
sponsors a committee or program to provide peer assistance to 1337
pharmacists with substance abuse problems, no representative or 1338
agent of such a committee or program, and no member of the state 1339
board of pharmacy shall be liable to any person for damages in a 1340
civil action by reason of actions taken to refer a pharmacist to a 1341
treatment provider designated by the board or actions or omissions 1342
of the provider in treating a pharmacist.1343

       In the absence of fraud or bad faith, no person who reports 1344
to the board a pharmacist with a suspected substance abuse problem 1345
shall be liable to any person for damages in a civil action as a 1346
result of the report.1347

       Sec. 4729.35.  The violation by a pharmacist or other person 1348
of any laws of Ohio or of the United StateStates of America or of 1349
any rule of the board of pharmacy controlling the distribution of 1350
a drug of abuse as defined in section 3719.011 of the Revised Code 1351
or the commission of any act set forth in division (A)(B) of 1352
section 4729.16 of the Revised Code, is hereby declared to be 1353
inimical, harmful, and adverse to the public welfare of the 1354
citizens of Ohio and to constitute a public nuisance. The attorney 1355
general, the prosecuting attorney of any county in which the 1356
offense was committed or in which the person committing the 1357
offense resides, or the state board of pharmacy may maintain an 1358
action in the name of the state to enjoin such person from 1359
engaging in such violation. Any action under this section shall be 1360
brought in the common pleas court of the county where the offense 1361
occurred or the county where the alleged offender resides.1362

       Sec. 4729.43.  (A) As used in this section:1363

       (1) "Contraception" or "contraceptive" means any drug or 1364
device approved by the United States food and drug administration 1365
to prevent pregnancy.1366

       (2) "Employee" means a person employed by a pharmacy by 1367
contract or any other form of an agreement.1368

       (3) "Product" means a drug or device approved by the United 1369
States food and drug administration.1370

       (4) "Professional judgment" means the use of professional 1371
knowledge and skills to form a clinical judgment in accordance 1372
with prevailing standards of care.1373

       (5) "Without delay" means a pharmacy providing, providing a 1374
referral for, or ordering contraception, or transferring the 1375
prescription for contraception within the usual and customary 1376
timeframe at the pharmacy for providing, providing a referral for, 1377
or ordering other products, or transferring the prescription for 1378
other products.1379

       (B) Subject to division (E) of this section, if a customer 1380
requests a contraceptive that is in stock, the pharmacy shall 1381
ensure that the contraceptive is provided to the customer without 1382
delay.1383

       (C) Subject to division (E) of this section, if a customer 1384
requests a contraceptive that is not in stock and the pharmacy in 1385
the normal course of business stocks contraception, the pharmacy 1386
immediately shall inform the customer that the contraceptive is 1387
not in stock and without delay offer the customer the following 1388
options:1389

       (1) If the customer prefers to obtain the contraceptive 1390
through a referral or transfer, the pharmacy shall do both of the 1391
following:1392

       (a) Locate a pharmacy of the customer's choice or the closest 1393
pharmacy confirmed to have the contraceptive in stock;1394

       (b) Refer the customer or transfer the prescription to that 1395
pharmacy.1396

       (2) If the customer prefers to order the contraceptive 1397
through the pharmacy, the pharmacy shall obtain the contraceptive 1398
under the pharmacy's standard procedure for expedited ordering of 1399
products and notify the customer when the contraceptive arrives.1400

       (D) The pharmacy shall ensure that its employees do not do 1401
any of the following:1402

       (1) Intimidate, threaten, or harass customers in the delivery 1403
of services relating to a request for contraception;1404

       (2) Interfere with or obstruct the delivery of services 1405
relating to a request for contraception;1406

       (3) Intentionally misrepresent or deceive customers about the 1407
availability of contraception or its mechanism of action;1408

       (4) Breach medical confidentiality with respect to a request 1409
for contraception or threaten to breach such confidentiality;1410

       (5) Refuse to return a valid, lawful prescription for 1411
contraception on the customer's request.1412

       (E) This section does not prohibit a pharmacy from refusing 1413
to provide a contraceptive to a customer in any of the following 1414
circumstances:1415

       (1) When it is unlawful to dispense the contraceptive to the 1416
customer without a valid, lawful prescription and no such 1417
prescription is presented.1418

       (2) When the customer is unable to pay for the contraceptive.1419

       (3) When the employee of the pharmacy refuses to provide the 1420
contraceptive to the customer because, in the employee's 1421
professional judgment, a contraindication exists or the provision 1422
of the contraceptive is similarly not in the best interest of the 1423
customer's health.1424

       Sec. 4729.44.  (A) Any person who believes that a violation 1425
of section 4729.43 of the Revised Code has occurred may file a 1426
complaint with the state board of pharmacy. Not later than thirty 1427
days after receiving the complaint, the board shall investigate 1428
the complaint and determine whether a violation occurred. If the 1429
board determines a violation occurred, the board may impose a fine 1430
of not more than five thousand dollars for each violation.1431

       (B) A person who has been injured by a violation of section 1432
4729.43 of the Revised Code may bring a civil action in a court of 1433
competent jurisdiction to recover damages for the person's injury, 1434
as well as costs and reasonable attorney's fees.1435

       (C) If the attorney general has cause to believe that a 1436
person or group of persons has been or may be injured by a 1437
violation of section 4729.43 of the Revised Code, the attorney 1438
general may commence a civil action in a court of competent 1439
jurisdiction to compel compliance with that section. In such 1440
action, the court may award appropriate relief on a finding that a 1441
violation or violations have occurred, including compensatory 1442
damages and punitive damages not exceeding five thousand dollars 1443
for each violation.1444

       Section 2. That existing sections 121.22, 2907.29, 3313.60, 1445
3313.6011, 3314.03, 3326.11, 4729.16, 4729.18, and 4729.35 of the 1446
Revised Code are hereby repealed.1447

       Section 3. Section 1751.69 of the Revised Code shall apply 1448
only to policies, contracts, and agreements that are delivered, 1449
issued for delivery, or renewed in this state on or after the 1450
effective date of this act, and section 3923.85 of the Revised 1451
Code shall apply to policies of sickness and accident insurance 1452
delivered, issued for delivery, or renewed in this state and 1453
public employee benefit plans that are established or modified in 1454
this state on or after the effective date of this act.1455

       Section 4. Sections 3314.03 and 3326.11 of the Revised Code 1456
are amended by this act and were also amended by Sub. S.B. 210 of 1457
the 128th General Assembly. The amendment by Sub. S.B. 210 to 1458
sections 3314.03 and 3326.11 of the Revised Code is to take effect 1459
on July 1, 2011. The amendment of sections 3314.03 and 3326.11 of 1460
the Revised Code by Sub. S.B. 210 are included in this act to 1461
confirm the intention to retain them, but are not intended to be 1462
effective until July 1, 2011.1463

       Section 5. Sections 3727.60, 3727.601, and 3727.602 of the 1464
Revised Code, as enacted by this act, shall be known as the 1465
"Compassionate Assistance for Rape Emergencies Act."1466

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