HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/OHIO.ASC

Text File | 1993-01-14 | 96KB | 2,081 lines

/* OHIO has provided for "crisis nurseries," as well as testing,
disclosure and counseling, and testing donated organs and blood.
Discrimination and insurance are also legislated. */





[AIDS AND HIV PROGRAMS]

Section

3701.24   Report as to contagious or infectious diseases; AIDS
and HIV.

3701.24.1 AIDS and HIV related duties of director of

health.

3701.24.2 Informed consent to HIV test; counseling; anonymous
testing.

3701.24.3 Disclosure of HIV test results or diagnosis.

3701.24.4 Civil action for violation of provisions.

3701.24.5 Public agencies may not require HIV results to obtains
services.

3701.24.6 HIV testing of donated body parts or fluids.

3701.24.7 Action for order compelling HIV testing.

3701.24.8 Exposed emergency medical services worker may request
notice of test results.

3701.24.9 Immunity of employer of HIV infected person.



 3701.24 Report as to contagious or infectious diseases; AIDS and
HIV.

(A) As used in the section and sections 3701.241 [3701.24.1] to
3701.249 [3701.24.9] of the Revised Code:

(1)  "AIDS" means the illness designated as acquired
immunodeficiency syndrome.

(2)  "HIV" means the human immunodeficiency virus identified as
the causative agent of AIDS.

(3)  "AIDS-related condition" means symptoms of illness related
to HIV infection, including AIDS-related complex, that are
confirmed by a positive HIV test.

(4)  "HIV test" means any test for the antibody or antigen to HIV
that has been approved by the director of health under division
(B) of section 3701.241 [3701.24.1] of the Revised Code.

(5)  "Health care facility" has the same meaning as in section
1742.01 of the Revised Code.

(6)  "Director" means the director of health or any employee of
the department of health acting on his behalf.

(7)  "Physician" means a person licensed under Chapter 4731. of
the Revised Code to practice medicine or surgery or osteopathic
medicine and surgery.

(8)  "Nurse" means a registered nurse or licensed practical nurse
who holds a license or certificate issued under Chapter 4723. of
the Revised Code.

(9)  "Anonymous test" means an HIV test administered so that the
individual to be tested can give informed consent to the test and
receive the results by means of a code system that does not link
his identity to the request for the test or the test results.

(10) "Confidential test" means an HIV test ad-ministered so that
the identity of the individual tested is linked to the test but
is held in confidence to the extent provided by sections 3701.24
to 3701.248 [3701.24.8]'of the Revised Code.

(11) "Health care provider" means an individual who provides
diagnostic, evaluative, or treatment services. Pursuant to
Chapter 119. of the Revised Code, the public health council may
adopt rules further defining the scope of the term "health care

provider."

(12) "Significant exposure to body fluids" means a percutaneous
or mucous membrane exposure of an individual to the blood, semen,
vaginal secretions, or spinal, synovial, pleural, peritoneal,
pericardial, or amniotic fluid of another individual.

(13) "Emergency medical services worker" means all of the
following:

(a)  A peace officer;

(b)  An employee of an emergency medical service as defined in
division (G) of section 3303.08 of the Revised Code;

(c)  A firefighter employed by a political subdivision;

(d)  A volunteer firefighter, emergency operator,

or rescue operator;

(e)  An employee of a private organization that renders rescue
services, emergency medical care, or emergency medical
transportation to accident victims and persons suffering serious
illness or injury.

(14) "Peace officer" has the same meaning as in division (A) of
section 109.71 of the Revised Code and includes a sheriff.

(B)  Boards of health, health authorities or officials, and
physicians in localities in which there are no health authorities
or officials, shall report promptly to the department of health
the existence of any one of the following diseases:

(1)  Asiatic cholera;

(2)  Yellow fever;

(3)  Diphtheria;

(4)  Typhus or typhoid fever;

(5)  Any other contagious or infectious diseases that the public
health council specifies.

(C)  Persons designated by rule adopted by the public health
council under section 3701.241 [3701.24.1] of the Revised Code
shall report promptly every case of AIDS, every AIDS-related
condition, and every confirmed positive HIV test to the
department of health on forms and in a manner prescribed by the
director. In each county the director shall designate the health
commissioner of a health district in the county to receive the
reports.

Information reported under this division that identifies an
individual is confidential and may be released only with the
written consent of the individual except as the director
determines necessary to ensure the accuracy of the information,
as necessary to provide treatment to the individual, as ordered
by a court pursuant to section 3701.243 [3701.24.3] or 3701.247
[3701.24.7] of the Revised Code, or pursuant to a search warrant
or a subpoena issued by or at the request of a grand jury,
prosecuting attorney, city director of law or similar chief legal
officer of a municipal corporation, or village solicitor, in
connection with a criminal investigation or prosecution.
Information that does not identify an individual may be released
in summary, statistical, or other form.

 3701.241 AIDS and HIV related duties of director of health.

(A)  The director of health shall develop and administer the
following:

(1)  A surveillance system to determine the number of cases of
AIDS and the HIV infection rate in various population groups;

(2)  Counseling and testing programs for groups determined by the
director to be at risk of HIV infection, including procedures for
both confidential and anonymous tests, counseling training
programs for health care providers, and development of counseling
guidelines;

(3)  A confidential partner notification system to alert and
counsel sexual contacts of individuals with HIV infection;

(4)  Risk reduction and education programs for groups determined
by the director to be at risk of HIV infection, and, in
consultation with a wide range of community leaders, education
programs for the public;

(5)  Pilot programs for the long-term care of individuals with
AIDS or AIDS-related condition, including care in nursing homes
and in alternative settings;

(6)  Programs to expand regional outpatient treatment of
individuals with AIDS or AIDS-related condition;

(7)  A program to assist communities, including communities of
less than one hundred thousand population, in establishing AIDS
task forces and support groups for individuals with AIDS, AIDS-
related condition, and HIV infection, The program may include the
award of grants if they are matched by local funds,

Information obtained or maintained under the partner notification
system is not a public record under section 149.43 of the Revised
Code and may be released only in accordance with division (C) of
section 3701.243 [3701.24.3] of the Revised Code,

(B)  The director shall:

(1)  Approve a test or tests to be used to determine whether an
individual has HIV infection, define a confirmed positive test
result, and develop guidelines for interpreting test results;

(2)  Establish sites for confidential and anonymous HIV tests,
and prepare a list of sites where an individual may obtain an
anonymous test;

(3)  Prepare a list of counseling services;

(4)  Make available a copy of the list of anonymous testing sites
or a copy of the list of counseling services to anyone who
requests it.

(C)  The director of health shall require the director or
administrator of each site where anonymous or confidential HIV
tests are given to submit a report every three months evaluating
from an epidemiologic perspective the effectiveness of the HIV
testing program at that site. Not later than January 31, 1991,
and each year thereafter, the director of health shall make a
report evaluating the anonymous and confidential testing programs
throughout the state with regard to their effectiveness as epide
miologic programs. The report shall be submitted to the speaker
of the house of representatives and the president of the senate
and shall be made available to the public.

The public health council shall adopt rules pursuant to Chapter
119. of the Revised Code for the implementation of the
requirements of division (B)(1) of this section and division (C)
of section 3701.24 of the Revised Code.



 3701.242 Informed consent to HIV test; counseling; anonymous
testing.

(A)  An HIV test shall be performed only if, prior to the test,
informed consent is obtained either by the person or agency of
state or local government ordering the test or by the person or
agency per-forming the test. Consent may be given orally or in
writing after the person or agency performing or ordering the
test has given the individual to be tested or his guardian the
following information:

(1)  An oral or written explanation of the test and testing
procedures, including the purposes and limitations of the test
and the meaning of its results;

(2)  An oral or written explanation that the test is voluntary,
that consent to be tested may be withdrawn, if the test is
performed on an outpatient basis, at any time before the
individual tested leaves the premises where blood is taken for
the test, or, if the test is performed on an inpatient basis,
within one hour after the blood is taken for the test, and that
the individual or guardian may elect to have an anonymous test;

(3)  An oral or written explanation about behaviors known to pose
risks for transmission of HIV infection.

The public health council shall adopt rules, pursuant to
recommendations of the director of health and in accordance with
Chapter 119. of the Revised Code, specifying the information
required by this section to be given to an individual before he
is given an HIV test. The rules shall contain specifications for
an informed consent form that includes the required information.
The director of health shall prepare and distribute the form. A
person or government agency required by division (A) of this
section to give information to an individual may satisfy the
requirement by obtaining the signature of the individual on the
form prepared by the director.

(B)  A minor may consent to be given an HIV test. The consent is
not subject to disaffirmance because of minority. The parents or
guardian of a minor giving consent under this division are not
liable for payment for an HIV test given to the minor without the
consent of a parent or the guardian.

(C)  The person or government agency ordering an HIV test shall
provide counseling for the individual who was tested at the time
he is told the result of the test or informed of a diagnosis of
AIDS or of an AIDS-related condition. If the test was performed
on the order of the individual tested, the person or government
agency that performed the test shall provide counseling. The
individual shall be given an oral or written explanation of the
nature of AIDS and AIDS-related conditions and the relationship
between the HIV test and those diseases and a list of resources
for further counseling or support. When necessary, the individual
shall be referred for further counseling to help him cope with
the emotional consequences of learning the test result.

(D)  Any individual seeking an HIV test shall have the right, on
his request, to an anonymous test. A health care facility or
health care provider that does not provide anonymous testing
shall refer an individual requesting an anonymous test to a site
where it is available.

(E)  Divisions (A) to (D) of this section do not apply to the
performance of an HIV test in any of the following circumstances:

(1)  When the test is performed in a medical emergency by a nurse
or physician and the test results are medically necessary to
avoid or minimize an immediate danger to the health or safety of
the individual to be tested or another individual, except that
counseling shall be given to the individual as soon as possible
after the emergency is over;

(2)  When the test is performed for the purpose of research if
the researcher does not know and cannot determine the identity of
the individual tested;

(3)  When the test is performed by a person who procures,
processes, distributes, or uses a human body part from a deceased
person donated for a purpose specified in Chapter 2108. of the
Revised Code, if the test is medically necessary to ensure that
the body part is acceptable for its intended

purpose;

(4)  When the test is performed on a person incarcerated in a
penal institution under the control of the department of
rehabilitation and correction if the head of the institution has
determined, based on good cause, that a test is necessary;

(5)  When the test is performed by or on the order of a physician
who, in the exercise of his professional judgment, determines the
test to be necessary for providing diagnosis and treatment to the
individual to be tested, if the individual or his parent or
guardian has given consent to the physician for medical
treatment;

(6)  When the test is performed on an individual after the
infection control committee of a health care facility, or other
body of a health care facility performing a similar function
determines that a health care provider, emergency medical
services worker, or peace officer, while rendering health or
emergency care to an individual, has sustained a significant
exposure to the body fluids of that individual, and the
individual has refused to give consent for testing.

(F)  If the requirements of division (A) of this section have
been met, consent to be tested given under that division shall be
presumed to be valid and effective, and no evidence is admissible
in a civil action to impeach, modify, or limit the consent.

(G)  The consent of the individual to be tested is not required,
and the individual or guardian may not elect to have an anonymous
test, when the test is ordered by a court in connection with a
criminal investigation.



 3701.243 Disclosure of HIV test results or diagnosis.

(A)  Except as provided in this section or section 3701.248
[3701.24.8] of the Revised Code, no person or agency of state or
local government that acquires the information while providing
any health care service or while in the employ of a health care
facility or health care provider shall disclose or compel another
to disclose any of the following:

(1)  The identity of any individual on whom an HIV test is
performed;

(2)  The results of an HIV test in a form that identifies the
individual tested;

(3)  The identity of any individual diagnosed as having AIDS or
an AIDS-related condition.

(B)(1) Except as provided in divisions (B)(2), (C), (D), and (F)
of this section, the results of an HIV test or the identity of an
individual on whom an HIV test is performed or who is diagnosed
as having AIDS or an AIDS-related condition may be disclosed only
to the following:

(a)  The individual who was tested or the individual's legal
guardian, and his spouse or any sexual partner;

(b)  A person to whom disclosure is authorized by a written
release, executed by the individual tested or by his legal
guardian and specifying to whom disclosure of the test results or
diagnosis is authorized and the time period during which the
release is to be effective;

(c)  The individual's physician;

(d)  The department of health or a health commissioner to which
reports are made under section 3701.24 of the revised Code;

(e)  A health care facility or provider that procures, processes,
distributes, or uses a human body part from a deceased
individual, donated for a purpose specified in Chapter 2108. of
the Revised Code, and that needs medical information about the
deceased individual to ensure that the body part is medically
acceptable for its intended purpose;

(f)  Health care facility staff committees or accreditation or
oversight review organizations conducting program monitoring,
program evaluation, or service reviews;

(g)  A health care provider, emergency medical services worker,
or peace officer who sustained a significant exposure to the body
fluids of another individual, if that individual was tested
pursuant to division (E)(6) of section 3701.242 [3701.24.2] of
the Revised Code, except that the identity of the individual
tested shall not be revealed;

(h)  To law enforcement authorities pursuant to a search warrant
or a subpoena issued by or at the request of a grand jury, a
prosecuting attorney, city director of law or similar chief legal
officer of a municipal corporation, or village solicitor, in con
nection  with  a  criminal  investigation  or prosecution.

(2)  The results of an HIV test or a diagnosis of AIDS or an AIDS-
related condition may be disclosed to a health care provider, or
an authorized agent or employee of a health care facility or a
health care provider, if the provider, agent, or employee has a
medical need to know the information and is participating in the
diagnosis, care, or treatment of the individual on whom the test
was performed or who has been diagnosed as having AIDS or an AIDS-
related condition.

This division does not impose a standard of disclosure different
from the standard for disclosure of all other specific
information about a patient to health care providers and
facilities. Disclosure may not be requested or made solely for
the purpose of identifying an individual who has a positive HIV
test result or has been diagnosed as having AIDS or an AIDS-
related condition in order to refuse to treat the individual.
Referral of an individual to another health care provider or
facility based on reasonable professional judgment does not
constitute refusal to treat the individual.

(3)  Not later than ninety days after November 1, 1989, each
health care facility in this state shall establish a protocol to
be followed by employees and individuals affiliated with the
facility in making disclosures authorized by division (B)(2) of
this section. A person employed by or affiliated with a health
care facility who determines in accordance with the protocol
established by the facility that a disclosure is authorized by
division (B)(2) of this section is immune from liability to any
person in a civil action for damages for injury, death, or loss
to person or property resulting from the disclosure.

(C)(1) Any person or government agency may seek access to or
authority to disclose the HIV test records of an individual in
accordance with the following provisions:

(a)  The person or government agency shall bring an action in a
court of common pleas requesting disclosure of or authority to
disclose the results of an HIV test of a specific individual, who
shall be identified in the complaint by a pseudonym but whose
name shall be communicated to the court confidentially, pursuant
to a court order restricting the use of the name. The court shall
provide the individual with notice and an opportunity to par
ticipate in the proceedings if he is not named as a party.
Proceedings shall be conducted in chambers unless the individual
agrees to a hearing in open court.

(b)  The court may issue an order granting the plaintiff access
to or authority to disclose the test results only if the court
finds by clear and convincing evidence that the plaintiff has
demonstrated a compelling need for disclosure of the information
that cannot be accommodated by other means. In assessing
compelling need, the court shall weigh the need for disclosure
against the privacy right of the individual tested and against
any disservice to the public interest that might result from the
disclosure, such as discrimination against the individual or the
deterrence of others from being tested.

(c)  If the court issues an order, it shall guard against
unauthorized disclosure by specifying the persons who may have
access to the information, the purposes for which the information
shall be used, and prohibitions against future disclosure.

(2)  A person or government agency that considers it necessary to
disclose the results of an HIV test of a specific individual in
an action in which it is a party may seek authority for the
disclosure by filing an in camera motion with the court in which
the action is being heard. In hearing the motion, the court shall
employ procedures for confidentiality similar to those specified
in division (C)(1) of this section. The court shall grant the
motion only if it finds by clear and convincing evidence that a
compelling need for the disclosure has been demonstrated.

(3)  Except for an order issued in a criminal prosecution or an
order under division (C)(1) or (2) of this section granting
disclosure of the result of an HIV test of a specific individual,
a court shall not compel a blood bank, hospital blood center, or
blood collection facility to disclose the result of  HIV tests
performed on the blood of voluntary donors in a way that reveals
the identity of any donor.

(4)  In a civil action in which the plaintiff seeks to recover
damages from an individual defendant based on an allegation that
the plaintiff contracted the HIV virus as a result of actions of
the defendant, the prohibitions against disclosure in this sec
tion do not bar discovery of the results of any HIV test given to
the defendant or any diagnosis that the defendant suffers from
AIDS or an AIDS-related condition.

(D)  The results of an HIV test or the identity of an individual
on whom an HIV test is performed or who is diagnosed as having
AIDS or an AIDS-related condition may be disclosed to a federal,
state, or local government agency, or the official representative
of such an agency, for purposes of the medical assistance program
established under section 5111.01 of the Revised Code, the
medicare program established under Title XVIII of the "Social
Security Act," 49 Stat. 620 (1935) 42 U.S.C. 301, as amended, or
any other public assistance program.

(E)  Any disclosure pursuant to this section shall be in writing
and accompanied by a written statement that includes the
following or substantially similar language: "This information
has been disclosed to you from confidential records protected
from disclosure by state law. You shall make no further
disclosure of this information without the specific, written, and
informed release of the individual to whom it pertains, or as
otherwise permitted by state law. A general authorization for the
release of medical or other information is not sufficient for the
purpose of the release of HIV test results or diagnoses.

(F)  An individual who knows that he has received a positive
result on an HIV test or has been diagnosed as having AIDS or an
AIDS-related condition, shall disclose this information to any
other person with whom he intends to make common use of a
hypodermic needle or engage in sexual conduct as defined in
section 2907.01 of the Revised Code.

(C)  Nothing in this section prohibits the introduction of
evidence concerning an HIV test of a specific individual in a
criminal proceeding.



 3701.244 Civil action for violation of provisions.

(A)  As used in this section, "violation" means an occasion of
noncompliance involving a single injured individual.

(B)  A person or an agency of state or local government that
knowingly violates division (A) of section 3701.242 [3701.24.2],
division (A) of section 3701.243 [3701.24.3], or division (E) of
section 370L248 [3701.24.8] of the Revised Code may be found
liable in a civil action; the action may be brought by any
individual injured by the violation. Except as otherwise provided
in division (C) or (D) of this section, the court may award
compensatory damages and any equitable relief, including injunc
tive relief, it finds appropriate. If an award is made in favor
of the plaintiff, the judge may award reasonable attorney's fees
to the plaintiff after a hearing to determine the amount of the
fees.

(C)  No person shall be held liable for damages or attorney's
fees in an action based on a violation of section 3701.243
[3701.24.3] of the Revised Code by his employee or agent unless
the person knew or should have known of the violation.

(D)  A person who acts in good faith in accordance with section
3701.242 [3701.24.2], 3701.243 [3701.24.3], or 3701.248
[3701.24.8] of the Revised Code is not liable for damages in a
civil action brought pursuant to this section.

(E)  A civil action under this section is barred unless the
action is commenced within one year after the cause of action
accrued. A cause of action does not survive the death of the
individual injured by the violation unless a civil action based
on the cause of action is commenced prior to the death of that

individual.

(F)  The remedies in this section are the exclusive civil
remedies for an individual injured by noncompliance with section
3701.242 [3701.24.2], 3701.243 [3701.24.3], or division (E) of
section 3701.248 [3701.24.8] of the Revised Code.

(C)  Nothing in this section shall be construed to impose civil
liability on a person for the disclosure of an HIV test result, a
diagnosed case of AIDS, or a diagnosed AIDS-related condition in
accordance with a reporting requirement of the department of
health or any federal agency.

(H)  No person with knowledge that an individual other than
himself has or may have AIDS, andt AIDS-related condition, or a
positive HIV test shall be held liable for failing to disclose
that information to any person unless disclosure is expressly re
quired by law.



 3701.245 Public agencies may not require HIV results to obtain
services.

(A)  No state agency as defined in section 1.60 of the Revised
Code, political subdivision, agency of local government, or
private nonprofit corporation receiving state or local government
funds shall refuse to admit as a patient, or to provide services
to, any individual solely because he refuses to con-sent to an
HIV test or to disclose HIV test results.

(B)  The prohibition contained in division (A) of this section
does not prevent a physician or a person licensed to practice
dentistry under Chapter 4715. of the Revised Code from referring
an individual he has reason to believe may have AIDS or an AIDS-
related condition to an appropriate health care provider or
facility, if the referral is based on reasonable professional
judgment and not solely on grounds of the refusal of the
individual to consent to an HIV test or to disclose the result of
an HIV test.



 3701.246 HIV testing of donated body parts or fluids.

Any human body part donated for transplantation, including an
organ, tissue, eye, bone, artery,



or other part, and any body fluid donated for transfusion or
injection into another person, including blood, plasma, a blood
product, semen, or other fluid, shall be given an HIV test before
being transplanted, transfused, or injected to determine that the
part or fluid is not infected with the HIV virus unless, in an
emergency, the recipient of the donation or his guardian, after
consultation with the recipient's physician, consents to a waiver
of this requirement.



 3701.247 Action for order compelling HIV testing.

(A)(1) Any of the following persons may bring an action in a
probate court for an order compelling another person to undergo
HIV testing:

(a)  A person who believes he may have been exposed to HIV
infection while rendering health or emergency care to the other
person;

(b)  A peace officer who believes he may have been exposed to HIV
infection while dealing with the other person in the performance
of his duties.

(2)  The complaint in the action shall be accompanied by an
affidavit in which the plaintiff attests to all of the following:

(a)  While rendering health or emergency care to the defendant,
or while dealing with the defendant in the performance of his
duties, the plaintiff sustained a significant exposure to body
fluids of the defendant;

(b)  The plaintiff has reason to believe the defendant may have
an HIV infection;

(c)  The plaintiff made a reasonable attempt to have the
defendant submit to HIV testing in accordance with section
3701.242 [3701.24.2] of the Revised Code, and notified the
defendant that he would bring an action under this section on the
defendant's refusal or failure to be tested, but the defendant
has not been tested;

(d)  Within seven days after the exposure, the plaintiff took an
HIV test and also has received counseling pursuant to section
3701.242 [3701.24.2] of the Revised Code.

In the complaint, the defendant shall be identified by a
pseudonym and his name communicated to the court confidentially
pursuant to a court order restricting the use of the name.
Proceedings shall be conducted in chambers unless the defendant
agrees to a hearing in open court.

(B)  The court shall hold a hearing on the corn-plaint at the
earliest possible time but not later than the third business day
after the day the defendant is served with the complaint and
notice of the hearing. The court shall enter judgment on the
complaint on the day the hearing is concluded.

(C)  Notwithstanding division (A) of section 3701.242 [3701.24.2]
of the Revised Code, the court may order the defendant to undergo
HIV testing if it finds by clear and convincing evidence that the
plaintiff has proved the matters attested to in his affidavit and
has demonstrated that he has a compelling need for the results of
the test and no other means exist to accommodate the need. If
granted, the order shall guard against unauthorized disclosure of
the test results by specifying the persons and governmental
entities that may have access to the results and by limiting
further disclosure. The court shall require that the defendant be
given test results and that counseling be provided him in
accordance with division (C) of section 3701.242 [3701.24.2j of
the Revised Code. The court may order the plaintiff to pay the
cost of the defendant's testing and counseling.



 3701.248 Exposed emergency medical services worker may request
notice of test results.

(A)  As used in this section:

(1)  "Contagious or infectious disease" means a disease specified
by rule by the public health council pursuant to division (F) of
this section.

(2)  "Patient" means a person, whether alive or dead, who has
been treated, or handled, or transported for medical care by an
emergency medical services worker.

(3)  "Significant exposure means:

(a)  A percutaneous or mucous membrane exposure of an individual
to the blood, semen, vaginal secretions, or spinal, synovial,
pleural, peritoneal, pericardial, or amniotic fluid of another
person;

(b)  Exposure to a contagious or infectious disease.

(B)(1) An emergency medical services worker who believes he has
suffered significant exposure through contact with a patient may
submit to the health care facility or coroner that received the
patient a written request to be notified of the results of any
test performed on the patient to determine the presence of a
contagious or infectious disease. The request shall include:

(a)  The name, address, and telephone number of the emergency
medical services worker submitting the request;

(b)  The name of the emergency medical services worker's
employer, or the entity where he is a volunteer, and his
supervisor;

(c)  The date, time, location, and manner of the exposure.

(2)  The request for notification that is submitted pursuant to
division (B)(1) of this section is valid for ten days after it is
made. If at the end of that ten-day period no test has been
performed to determine the presence of a contagious or infectious
disease, no diagnosis has been made, or the result of the test is
negative, the health care facility or coroner shall notify the
emergency medical services worker accordingly. The notification
shall not include the name of the patient or deceased person.

If necessary, the request may be renewed in accordance with the
same procedures and requirements as the original request.

(C)  The health care facility or coroner who receives a written
request for notification shall give an oral notification of the
presence of a contagious or infectious disease, or of a confirmed
positive test result, if known, to the emergency medical services
worker and his supervisor and to the infection control committee
or other body described in division (E)(6) of section 3701.242
[3701.24.2] of the Revised Code within two days after determining
the presence of a contagious or infectious disease or after a
confirmed positive test result. A written notification shall
follow oral notification within three days. If a contagious or
infectious disease is present, or the test results are confirmed
positive, both the oral and written notification shall include
the name of the disease, its signs and symptoms, the date of
exposure, the incubation period, the mode of transmission of the
disease, the medical precautions necessary to prevent
transmission to other persons, and the appropriate prophylaxis,
treatment, and counseling for the disease. 'The notification
shall not include the name of the patient or deceased person.

If the information is not available from the health care facility
to which the request is made because the patient has been
transferred from that health care facility, the facility shall
assist the emergency medical services worker in locating the
patient and securing the requested information from the health
care facility that treated or is treating the patient. If the
patient has died, the health care facility shall give the
emergency medical services worker the name and address of the
coroner who received the patient.

(D)  Each health care facility and coroner shall develop written
procedures to implement the notification procedures required by
this section. A health care facility or coroner may take measures
in addition to those required in this section to notify emergency
medical services workers of possible exposure to a contagious or
infectious disease as long as the confidentiality of the
information is maintained.

(E)  No person shall knowingly fail to comply with division (C)
of this section.

(F)  The public health council shall adopt rules pursuant to
Chapter 119. of the Revised Code that specify the diseases that
are reasonably likely to be transmitted by air or blood during
the normal course of duties performed by an emergency medical
services worker. In adopting such rules, the council shall
consider the types of contact that typically occur between
patients and emergency medical services workers.



 3701.249 Immunity

of employer of HIV infected person.

(A)  As used in this section, "employer" and "employee" have the
same meanings as in section 4112.01 of the Revised Code.

(B)  The employer of a person with HIV infection is immune from
liability to any person in a civil action for damages for injury,
death, or loss to person or property on a claim arising out of
transmission of the human immunodeficiency virus from the
infected employee to another employee or to any other person,
unless the transmission occurs as a result of the reckless
conduct of the employer.

(C)  An employer is immune from liability to an employee on a
claim asserted under any provision of the Revised Code or in a
civil action for damages for injury, death, or loss to person or
property if the claim arises from an illness or injury to the em
ployee that is stress-related and results from the employee being
required to work with an individual who has received a positive
result on an HIV test or has been diagnosed as having AIDS or an
AIDS-related condition.

 3901.45 Inquiry into and effect of sexual orientation or AIDS or
related condition.

(A)  As used in sections 3901.45 and 3901.46 of the Revised Code:

(1)  "AIDS," "HIV," "AIDS-related condition," and "HIV test" have
the same meanings as in section 3701.24 of the Revised Code.

(2)  "Insurer" means any person authorized to engage in the
business of life or sickness and accident insurance under Title
XXXIX [39] of the Revised Code or any person or governmental
entity providing health services coverage for individuals on a
self-insurance basis.

(3)  "Group policy" means, with respect to life insurance, a
policy covering more than twenty-five individuals and issued
pursuant to section 3917.01 of the Revised Code, and with respect
to sickness and accident insurance, a policy covering more than
twenty-five individuals and issued pursuant to section 3923.11,
3923.12, or 3923.13 of the Revised Code. "Group policy" includes
a certificate of life or sickness and accident insurance covering
more than twenty-five individuals under a group policy issued to
a multiple employer trust.

(4)  "Individual policy" means, with respect to life insurance
and sickness and accident insurance, a policy other than a group
policy, except that "individual policy" also includes all of the
following:

(a)  The coverage under a group policy of an individual who seeks
to become a member of an insured group after having declined a
previous offer of coverage under the group policy;

(b)  An individual who seeks life insurance coverage under a
group policy in excess of the maximum coverage available under
the policy without evidence of insurability;

(c)  A certificate of life or sickness and accident insurance
covering no more than twenty-five individuals under a group
policy issued to a multiple employer trust.

(B)  In processing an application for an individual policy of
life or sickness and accident insurance or in determining
insurability of an applicant, no insurer shall:

(1)  Take into consideration an applicant's sexual orientation;

(2)  Make any inquiry toward determining an applicant's sexual
orientation or direct any person who provides services to the
insurer to investigate an applicant's sexual orientation;

(3)  Make a decision adverse to the applicant based on entries in
medical records or other reports that show that the applicant has
sought an HIV test, consultation regarding the possibility of
developing AIDS or an AIDS-related condition, or counseling for
concerns related to AIDS from health care professionals unless
there has been a diagnosis, confirmed by a positive HIV test, of
AIDS or an AIDS-related condition or the applicant has been
treated for either.

(C)(1) In developing and asking questions regarding medical
histories and lifestyles of applicants for life or sickness and
accident insurance and in assessing the answers, an insurer shall
not ask questions designed to ascertain the sexual orientation of
the applicant nor use factors such as marital status, living
arrangements, occupation, gender, medical history, beneficiary
designation, or zip code or other geographic designation to aid
in ascertaining the applicant's sexual orientation.

(2)  An insurer may ask the applicant if he has ever been
diagnosed as having AIDS or an AIDS-related condition.

(3)  An insurer may ask the applicant specifically whether he has
ever had a positive result on an HIV test. "Positive result"
means a result interpreted as positive in accordance with
guidelines developed by the director of health under division
(B)(1)(a) of section 3701.241 [3701.24.1] of the Revised Code,
even though the applicant may have been tested in another state.
Positive result" does not mean an initial positive result that
further testing showed to be false.

(4)  The insurer shall not ask the applicant whether he has ever
taken an HIV test.

(D)(1) Except as provided in division (D)(2) of this section, no
insurer shall cancel a policy of life or sickness and accident
insurance, or refuse to renew a policy of life or sickness and
accident insurance other than a policy that is renewable at the
option of the insurer, based solely on the fact that, after the
effective date of the policy, the policyholder is diagnosed as
having AIDS, an AIDS-related condition, or an HIV infection.

(2)  If a policy of life or sickness and accident insurance
provides for a contestability period, an insurer may cancel the
policy during the contestability period if the applicant made a
false statement in the application with regard to the question of
whether he has been diagnosed as having AIDS, an AIDS-related
condition, or an HIV infection.

(E)  No insurer shall deliver, issue for delivery, or renew a
policy of life or sickness and accident insurance that limits
benefits or coverage in the event that, after the effective date
of the policy, the insured develops AIDS or an AIDS-related condi
tion or receives a positive result on an HIV test.

(F)  An insurer is not required to offer coverage under a policy
of life or sickness and accident insurance to an individual or
group member, or a dependent of an individual or group member,
who has AIDS or an AIDS-related condition, or who has had a
positive result on an HIV test.

(G)  An insurer is not required to continue to provide coverage
under a policy of life or sickness and accident insurance to an
individual or group member, or a dependent of an individual or
group member, if the insurer determines the individual or group
member or dependent of the individual or group member knew on the
effective date of the policy that he had AIDS, an AIDS-related
condition, or a positive result of an HIV test.

(H) A violation of this section is an unfair insurance practice
under sections 3901.19 to 3901.26 of the Revised Code.



 3901.46 When insurer may require HIV testing of applicant.

As used in this section, "membership organization  means a
fraternal or other association or group of individuals involved
in the same occupation, activity, or interest that is organized
and maintained in good faith for purposes other than to obtain
insurance and is not organized or maintained for the purpose of
engaging in activities for gain or profit.

(A)  In underwriting an individual policy of life or sickness and
accident insurance or a group policy of life or sickness and
accident insurance providing coverage for members of a membership
organization, an insurer may require an applicant for cover-age
under the policy to submit to an HIV test only in conjunction
with tests for other health conditions. No applicant shall be
required to submit to an HIV test on the basis of his sexual
orientation or factors described in division (C)(1) of section
3901.45 of the Revised Code that are used to ascertain his sexual
orientation.

(B)(1) An insurer that requests an applicant to take an HIV test
shall obtain the applicant's written consent for the test and
shall inform the applicant of the purpose of the test. The
consent form shall include information about the tests to be per
formed, the confidentiality of the results, procedures for
notifying the applicant of the results, and a general
interpretation of test results.

(2)  The superintendent of insurance shall adopt rules under
Chapter 119. of the Revised Code establishing the form and
content of the consent required under division (B)(1) of this
section.

(C)  An insurer may disclose the results of a positive HIV test
only to the following persons:

(1)  The applicant;

(2)  The applicant's or insured's physician or other health care
provider if the applicant or insured provides the insurer with
prior written consent for disclosure;

(3)  Another person that the applicant or insured specifically
designates in writing;

(4)  A medical information exchange for insurers operated under
procedures intended to ensure confidentiality, including the use
of general codes for results of tests for a number of diseases
and conditions as well as for AIDS or an AIDS-related condition.

(D)  The HIV test or tests to be given the applicant shall be a
test or tests approved by the director of health pursuant to
division (B) of section 3701.241 [3701.24.1] of the Revised Code.
Test results shall be interpreted strictly in accordance with
guidelines for the use of the tests adopted by the director.

(E)  The requirements of division (C) of section 3701.24 and
sections 3701.242 [3701.24.21 and 3701.243 [3701.24.3] of the
Revised Code do not apply to insurers in the underwriting of an
individual policy of life or sickness and accident insurance or
of a group policy of life or sickness and accident insurance
providing coverage for members of a membership organization,
except that an insurer may make use of the procedures in division
(C) of section 3701.243 [3701.24.3] of the Revised Code.

(F)  In underwriting a group policy of life or sickness and
accident insurance, no insurer shall require an individual
seeking coverage, other than an individual seeking coverage under
the policy of a membership organization, to submit to an HIV test

(G)  A violation of this section is an unfair insurance practice
under sections 3901.19 to 3901.26 of the Revised Code.



 3915.141  Indorsement or rider providing accelerated benefits.

In the case of an indorsement or rider that provides accelerated
benefits in accordance with sections 3915.21 to 3915.24 of the
Revised Code, the filing of the form of the indorsement or rider
as required by section 3915.14 of the Revised Code shall include
the form number of the policy or contract with which the
indorsement or rider may be used.



 3915.21  Definitions.

As used in sections 3915.21 to 3915.24 of the Revised Code:

(A)  "Accelerated benefits" means the benefits that are payable
under a policy and that meet all of the following criteria:

(1)  The benefits are payable to the policyholder or certificate
holder during the lifetime of the insured and upon the occurrence
of a qualifying event.

(2)  The benefits are payable in amounts that are fixed at the
time of the acceleration of the benefits.

(3) The benefits reduce the death benefit other-wise payable
under tile policy.

(B)  "Policy" means any policy, rider, indorsement, annuity
contract, or endowment contract delivered or issued for delivery
in this state by a life insurance company.

(C)  "Qualifying event' means the occurrence of any of the
following:

(1)  A medical condition that drastically reduces the potential
life span of the insured to a period of time that is within the
period of time specified in the policy;

(2)  A medical condition that requires the use of extensive or
extraordinary medical care or treatment, including a major organ
transplant or the continuous use of artificial life support
systems without which the insured would likely die;

(3)  A condition that normally results in continuous confinement
in an eligible institution, as defined in the policy, if the
insured is expected to remain in the institution for the
remainder of his life;

(4)  A medical condition that, in the absence of extensive or
extraordinary medical care or treatment, would drastically reduce
the potential life span of the insured. Such conditions may
include any of the following:

(a)  Coronary artery disease that results in an acute infarction
or that requires surgery;

(b)  Permanent neurological deficit resulting from cerebral
vascular accident;

(c)  End stage renal failure;

(d)  Acquired immunodeficiency syndrome;

(e) Any other medical condition that the superintendent of
insurance may approve for a particular policy filing.

(5) Any other qualifying event that the superintendent may
approve for a particular policy filing.



 3915.22 Application of provisions.

(A)  Except as provided in division (B) of this section, every
policy that provides accelerated benefits and that is issued or
delivered in this state on or after the effective date of this
section is subject to this chapter.

(B)  Sections 3915.21 to 3915.24 of the Revised Code do not apply
to any policy that provides accelerated benefits for the sole
purpose of providing directly or supplementing long-term care
insurance as defined in section 3923.41 of the Revised Code.



 3915.23 Calculation of accelerated benefits.

The accelerated benefits provided by any policy subject to this
chapter are life insurance benefits and are calculated primarily
on the basis of mortality risks rather than morbidity risks.



 3915.24 Rules.

Within six months after the effective date of this section, the
superintendent of insurance shall adopt rules in accordance with
Chapter 119. of the Revised Code to carry out the purposes of
sections 3915.21 to 3915.24 of the Revised Code. The rules shall
include criteria for the payment of accelerated benefits,
disclosure requirements, and actuarial standards.



 4112.01 Definitions.

(A)  As used in this chapter:

(1) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers, and other organized
groups of persons. "Person" also includes, but is not limited to,
any owner, lessor, assignor, builder, manager, broker, salesman,
appraiser, agent, employee, lending institution, and the state
and all political subdivisions, authorities, agencies, boards,
and commissions of the state.

(2) "Employer" includes the state, any political subdivision of
the state, any person employing four or more persons within the
state, and any person acting directly or indirectly in tile
interest of an employer.

(3) "Employee" means an individual employed by any employer but
does not include any individual employed in the domestic service
of any person.

(4) "Labor organization" includes any organization that exists,
in whole or in part, for the purpose of collective bargaining or
of dealing with employers concerning grievances, terms or
conditions of employment, or other mutual aid or protection in
relation to employment.

(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.

(6) "Commission" means the Ohio civil rights commission created
by section 4112.03 of the Revised Code.

(7)  "Discriminate" includes segregate or separate.

(8)  "Unlawful discriminatory practice" means any act prohibited
by section 4112.02, 4112.021 [4112.02.1], or 4112.022 [4112.02.2]
of the Revised Code.

(9)  "Place of public accommodation" means any inn, restaurant,
eating house, barbershop, public conveyance by air, land, or
water, theater, store, other place for the sale of merchandise,
or any other place of public accommodation or amusement of which
the accommodations, advantages, facilities, or privileges are
available to the public.

(10) "Housing accommodations" includes any building or structure,
or portion of a building or structure, that is used or occupied
or is intended, arranged, or designed to be used or occupied as
the home residence, dwelling, dwelling unit, or sleeping place of
one or more individuals, groups, or families whether or not
living independently of each other; and any vacant land offered
for sale or lease. "Housing accommodations" also includes any
housing accommodations held or offered for sale or rent by a real
estate broker, salesman, or agent, by any other person pursuant
to authorization of the owner, by the owner, or by the owner's
legal representative.

(11) "Restrictive covenant" means any specification limiting the
transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, familial
status, national origin, handicap, or ancestry, or any limitation
based upon affiliation with or approval by any person, directly
or indirectly, employing race, color, religion, sex, familial
status, national origin, handicap, or ancestry as a condition of
affiliation or approval.

(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations incorpo
rated for cemetery purposes.

(13) "Handicap" means a physical or mental impairment that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.

(14) Except as otherwise provided in section 4112.021 [4112.02.1]
of the Revised Code, "age" means at least forty years old.

(15) "Familial status" means either of the following:

(a)  One or more individuals who are under eighteen years of age
and who are domiciled with a parent or guardian having legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;

(b)  Any person who is pregnant or in the process of securing
legal custody of any individual who is under eighteen years of
age.

(16) (a) Except as provided in division (A)(16)(b), of this
section, "physical or mental impairment includes any of the
following:

(i)  Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and lymphatic; skin; and endocrine;

(ii) Any mental or psychological disorder, including, but not
limited to, mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities;

(iii) Diseases and conditions, including, but not limited to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.

(b)  "Physical or mental impairment" does not include any of the
following:

(i)  Homosexuality and bisexuality;

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;

(iii) Compulsive gambling, kleptomania, or pyromania;

(iv) Psychoactive substance use disorders resulting from current
illegal use of a controlled substance.

(17) "Dwelling unit" means a single unit of residence for a
family of one or more persons.

(18) "Common use areas means rooms, spaces, or elements inside or
outside a building that are made available for the use of
residents of the building or their guests, and includes, but is
not limited to, hallways, lounges, lobbies, laundry rooms, refuse
rooms, mail rooms, recreational areas, and passageways among and,
between buildings.

(19) "Public use areas means interior or exterior rooms or spaces
of a privately or publicly owned building that are made available
to the general public.

(20) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(21) "Handicapped person means a person with a handicap.

(22) "Handicapped tenant" means a tenant or prospective tenant
who is a handicapped person.

(B) For the purposes of divisions (A) to (F) of section 4112.02
of the Revised Code, the terms "because of sex" and "on the basis
of sex" include, but are not limited to, because of or on the
basis of pregnancy, any illness arising out of and occurring
during the course of a pregnancy, childbirth, or related medical
conditions. Women affected by pregnancy, childbirth, or related
medical conditions shall be treated the same for all employment-
related purposes, including receipt of benefits under fringe
benefit programs, as other persons not so affected but similar in
their ability or inability to work, and nothing in division (B)
of section 4111.17 of the Revised Code shall be interpreted to
permit otherwise. This division shall not be construed to require
an employer to pay for health insurance benefits for abortion,
except where the life of the mother would be endangered if the
fetus were carried to term or except where medical complications
have arisen from the abortion, provided that nothing in this
division precludes an employer from providing abortion benefits
or otherwise affects bargaining agreements in regard to abortion.



 4112.02 Unlawful discriminatory practices.

It shall be an unlawful discriminatory practice:

(A)  For any employer, because of the race, color, religion, sex,
national origin, handicap, age, or ancestry of any person, to
discharge without just cause, to refuse to hire, or otherwise to
discriminate against that person with respect to hire, tenure,
terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment.

(B)  For an employment agency or personnel placement service,
because of race, color, religion, sex, national origin, handicap,
age, or ancestry, to do any of the following:

(1)  Refuse or fail to accept, register, classify properly, or
refer for employment, or otherwise discriminate against any
person;

(2)  Comply with a request from an employer for referral of
applicants for employment if the request directly or indirectly
indicates that the employer fails to comply with the provisions
of sections 4112.01 to 4112.07 of the Revised Code.

(C)  For any labor organization to do any of the following:

(1) Limit or classify its membership on the basis of race, color,
religion, sex, national origin, handicap, age, or ancestry;

(2) Discriminate against, limit the employment opportunities of,
or otherwise adversely affect the employment status, wages,
hours, or employment conditions of any person as an employee
because of race, color, religion, sex, national origin, handicap,
age, or ancestry.

(D) For any employer, labor organization, or joint labor-
management committee controlling apprentice training programs to
discriminate against any person because of race, color, religion,
sex, national origin, handicap, or ancestry in admission to, or
employment in, any program established to provide apprentice
training.

(E) Except where based on a bona fide occupational qualification
certified in advance by the commission, for any employer,
employment agency, personnel placement service, or labor
organization, prior to employment or admission to membership, to
do any of the following:

(1) Elicit or attempt to elicit any information concerning the
race, color, religion, sex, national origin, handicap, age, or
ancestry of an applicant for employment or membership;

(2) Make or keep a record of the race, color, religion, sex,
national origin, handicap, age, or ancestry of any applicant for
employment or membership;

(3) Use any form of application for employment, or personnel or
membership blank, seeking to elicit information regarding race,
color, religion, sex, national origin, handicap, age, or
ancestry; but an employer holding a contract containing a nondis
crimination clause with the government of the United States, or
any department or agency of that government, may require an
employee or applicant for employment to furnish documentary proof
of United States citizenship and may retain that proof in the
employer's personnel records and may use photographic or
fingerprint identification for security purposes;

(4) Print or publish or cause to be printed or published any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification, or
discrimination, based upon race, color, religion, sex, national
origin, handicap, age, or ancestry;

(5) Announce or follow a policy of denying or limiting, through a
quota system or otherwise, employment or membership opportunities
of any group because of the race, color, religion, sex, national
origin, handicap, age, or ancestry of that group;

(6) Utilize in the recruitment or hiring of persons any
employment agency, personnel placement service, training school
or center, labor organization, or any other employee-referring
source known to discriminate against persons because of their
race, color, religion, sex, national origin, handicap, age, or
ancestry.

(F) For any person seeking employment to publish or cause to be
published any advertisement that specifies or in any manner
indicates that person's race, color, religion, sex, national
origin, handicap, age, or ancestry, or expresses a limitation or
preference as to the race, color, religion, sex, national origin,
handicap, age, or ancestry of any prospective employer.

(G) For any proprietor or any employee, keeper, or manager of a
place of public accommodation to deny to any person, except for
reasons applicable alike to all persons regardless of race,
color, religion, sex, national origin, handicap, age, or ances
try, the full enjoyment of the accommodations, advantages,
facilities, or privileges of the place of public accommodation.

(H) For any person to do any of the following:

(1) Refuse to sell, transfer, assign, rent, lease, sublease, or
finance housing accommodations, refuse to negotiate for the sale
or rental of housing accommodations, or otherwise deny or make un
available housing accommodations because of race, color,
religion, sex, familial status, ancestry, handicap, or national
origin;

(2) Represent to any person that housing accommodations are not
available for inspection, sale, or rental, when in fact they are
available, because of race, color, religion, sex, familial
status, ancestry, handicap, or national origin;

(3) Discriminate against any person in the making or purchasing
of loans or the provision of other financial assistance for the
acquisition, construction, rehabilitation, repair, or maintenance
of housing accommodations, or any person in the making or
purchasing of loans or the provision of other financial
assistance that is secured by residential real estate, because of
race, color, religion, sex, familial status, ancestry, handicap,
or national origin or because of the racial composition of the
neighborhood in which the housing accommodations are located,
provided that the person, whether an individual, corporation, or
association of any type, lends money as one of the principal
aspects or incident to his principal business and not only as a
part of the purchase price of an owner-occupied residence he is
selling nor merely casually or occasionally to a relative or
friend;

(4) Discriminate against any person in the terms or conditions of
selling, transferring, assigning, renting, leasing, or subleasing
any housing accommodations or in furnishing facilities, services,
or privileges in connection with the ownership, occupancy, or use
of any housing accommodations, including the sale of fire,
extended coverage, or homeowners insurance, because of race,
color, religion, sex, familial status, ancestry, handicap, or
national origin or because of the racial composition of the
neighborhood in which the housing accommodations are located;

(5) Discriminate against any person in the terms or conditions of
any loan of money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations because of race,
color, religion, sex, familial status, ancestry, handicap, or
national origin or because of the racial composition of the
neighborhood in which the housing accommodations are located;

(6) Refuse to consider without prejudice the combined income of
both husband and wife for the purpose of extending mortgage
credit to a married couple or either member of a married couple;

(7) Print, publish, or circulate any statement or advertisement,
or make or cause to be made any statement or advertisement,
relating to the sale, transfer, assignment, rental, lease,
sublease, or acquisition of any housing accommodations, or relat
ing to the loan of money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations, that indicates
any preference, limitation, specification, or discrimination
based upon race, color, religion, sex, familial status, ancestry,
handicap, or national origin, or an intention to make any such
preference, limitation, specification, or discrimination;

(8) Except as otherwise provided in division (H)(8) or (17) of
this section, make any inquiry, elicit any information, make or
keep any record, or use any form of application containing
questions or entries concerning race, color, religion, sex,
familial status, ancestry, handicap, or national origin in
connection with the sale or lease of any housing accommodations
or the loan of any money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations, Any per-son may
make inquiries, and make and keep records, concerning race,
color, religion, sex, familial status, ancestry, handicap, or
national origin for the purpose of monitoring compliance with
this chapter.

(9) Include in any transfer, rental, or lease of housing
accommodations any restrictive covenant, or honor or exercise, or
attempt to honor or exercise, any restrictive covenant;

(10) Induce or solicit, or attempt to induce or solicit, a
housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur with respect
to the racial, religious, sexual, familial status, or ethnic
composition of the block, neighborhood, or other area in which
the housing accommodations are located, or induce or solicit, or
attempt to induce or solicit, a housing accommodations listing,
sale, or transaction by representing that the presence or
anticipated presence of persons of any race, color, religion,
sex, familial status, ancestry, handicap, or national origin, in
the block, neighborhood, or other area will or may have results
including, but not limited to, the following:

(a) The lowering of property values;

(b) A change in the racial, religious, sexual, familial status,
or ethnic composition of the block, neighborhood, or other area;

(c)  An increase in criminal or antisocial behavior in the block,
neighborhood, or other area;

(d)  A decline in the quality of the schools serving the block,
neighborhood, or other area.

(11) Deny any person access to or membership or participation in
any multiple-listing service, real estate brokers organization,
or other service, organization, or facility relating to the
business of selling or renting housing accommodations, or
discriminate against any person in the terms or conditions of
that access, membership, or participation, on account of race,
color, religion, sex, familial status, national origin, handicap,
or ancestry;

(12) Coerce, intimidate, threaten, or interfere with any person
in the exercise or enjoyment of, or on account of that person's
having exercised or enjoyed or having aided or encouraged any
other person in the exercise or enjoyment of, any right granted
or protected by division (H) of this section;

(13) Discourage or attempt to discourage the purchase by a
prospective purchaser of housing accommodations, by representing
that any block, neighborhood, or other area has undergone or
might undergo a change with respect to its religious, racial,
sexual, familial status, or ethnic composition;

(14) Refuse to sell, transfer, assign, rent, lease, sublease, or
finance, or otherwise deny or withhold, a burial lot from any
person because of the race, color, sex, familial status, age,
ancestry, handicap, or national origin of any prospective owner
or user of the lot;

(15) Discriminate in the sale or rental of, or otherwise make
unavailable or deny, housing accommodations to any buyer or
renter because of a handicap of any of the following:

(a) The buyer or renter;

(b) A person residing in or intending to reside in the housing
accommodations after they arc sold, rented, or made available;

(c) Any individual associated with the person described in
division (H)(15)(b) of this section.

(16) Discriminate in the terms, conditions, or privileges of the
sale or rental of housing accommodations to any person or in the
provision of services or facilities to any person in connection
with the housing accommodations because of a handicap of any of
the following:

(a)  That person;

(b)  A person residing in or intending to reside in the housing
accommodations after they are sold, rented, or made available;

(c) Any individual associated with the person described in
division (H)(16)(b) of this section.

(17) Except as otherwise provided in division (H)(17) of this
section, make an inquiry to determine whether an applicant for
the sale or rental of housing accommodations, a person residing
in or intending to reside in the housing accommodations after
they arc sold, rented, or made available, or any individual
associated with that person has a handicap, or make an inquiry to
determine the nature or severity of a handicap of the applicant
or such a person or individual. The following inquiries may be
made of all applicants for the sale or rental of housing
accommodations, regardless of whether they have handicaps:

(a) An inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;

(b) An inquiry to determine whether an applicant is qualified for
housing accommodations available only to persons with handicaps
or persons with a particular type of handicap;

(c) An inquiry to determine whether an applicant is qualified for
a priority available to persons with handicaps or persons with a
particular type of handicap;

(d) An inquiry to determine whether an applicant currently uses a
controlled substance in violation of section 2925.11 of the
Revised Code or a substantively comparable municipal ordinance;

(c) An inquiry to determine whether an applicant at any time has
been convicted of or pleaded guilty to the illegal sale, offer to
sell, cultivation, manufacture, other production, shipment,
transportation, delivery, or other distribution of a controlled
substance.

(18)(a) Refuse to permit, at the expense of a handicapped person,
reasonable modifications of existing housing accommodations that
are occupied or to be occupied by the handicapped person, if the
modifications may be necessary to afford the handicapped person
full enjoyment of the housing accommodations. This division does
not preclude a landlord of housing accommodations that arc rented
or to be rented to a handicapped tenant from conditioning
permission for a proposed modification upon the handicapped
tenant's doing one or more of the following:

(i) Providing a reasonable description of the pro-posed
modification and reasonable assurances that the proposed
modification will be made in a workmanlike manner and that any
required building permits will be obtained prior to the commence
ment of the proposed modification;

(ii) Agreeing to restore at the end of the tenancy the interior
of the housing accommodations to the condition they were in prior
to the proposed modification, but subject to reasonable wear and
tear during the period of occupancy, if it is reasonable for the
landlord to condition permission for the proposed modification
upon the agreement;

(iii) Paying into an interest-bearing escrow account that is in
the landlord's name, over a reasonable period of time, a
reasonable amount of money not to exceed the projected costs at
the end of the tenancy of the restoration of the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear
during the period of occupancy, if the landlord finds the account
reasonably necessary to ensure the availability of funds for the
restoration work. The interest earned in connection with an
escrow account described in this division shall accrue to the
benefit of the handicapped tenant who makes payments into the
account.

(b) A landlord shall not condition permission for a proposed
modification upon a handicapped tenant's payment of a security
deposit that exceeds the customarily required security deposit of
all tenants of the particular housing accommodations.

(19) Refuse to make reasonable accommodations in rules, policies,
practices, or services when necessary to afford a handicapped
person equal opportunity to use and enjoy a dwelling unit,
including associated public and common use areas;

(20) Fail to comply with the standards and rules adopted wider
division (A) of section 3781.111 [3781.11.11 of the Revised Code.

(21) Discriminate against any person in the selling, brokering,
or appraising of real property because of race, color, religion,
sex, familial status, ancestry, handicap, or national origin;

(22) Fail to design and construct covered multifamily dwellings
for first occupancy on or after the effective date of this
amendment in accordance with the following conditions:

(a) The dwellings shall have at least one building entrance on an
accessible route, unless it is impractical to do so because of
the terrain or unusual characteristics of the site.

(b) With respect to dwellings that have a building entrance on an
accessible route, all of the following apply:

(i)  The public use areas and common use areas of the dwellings
shall be readily accessible to and usable by handicapped persons.

(ii) All the doors designed to allow passage into and within all
premises shall be sufficiently wide to allow passage by
handicapped persons in wheelchairs.

(iii) All premises within covered multifamily dwelling units
shall contain an accessible route into and through the dwelling;
all light switches, electrical outlets, thermostats, and other
environmental controls within such units shall be in accessible
locations; the bathroom walls within such units shall contain
reinforcements to allow later installation of grab bars; and the
kitchens and bathrooms within such units shall be designed and
constructed in a manner that enables an individual in a
wheelchair to maneuver about such rooms.

For purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or more
units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.

(I) For any person to discriminate in any manner against any
other person because that person has opposed any unlawful
discriminatory practice defined in this section or because that
person has made a charge, testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under
sections 4112.01 to 4112.07 of the Revised Code.

(J)  For any person to aid, abet, incite, compel, or coerce the
doing of any act declared by this section to be an unlawful
discriminatory practice, to obstruct or prevent any person from
complying with this chapter or any order issued under it, or to
attempt directly or indirectly to commit any act declared by this
section to be an unlawful discriminatory practice.

(K)(1) Nothing in division (H) of this section shall bar any
religious or denominational institution or organization, or any
nonprofit charitable or educational organization that is
operated, supervised, or controlled by or in connection with a
religious organization, from limiting the sale, rental, or occu
pancy of housing accommodations that it owns or operates for
other than a commercial purpose to persons of the same religion,
or from giving preference in the sale, rental, or occupancy of
such housing accommodations to persons of the same religion,
unless membership in the religion is restricted on account of
race, color, or national origin.

(2) Nothing in division (H) of this section shall bar any bona
fide private or fraternal organization that, incidental to its
primary purpose, owns or operates lodgings for other than a
commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.

(3) Nothing in division (H) of this section limits the
applicability of any reasonable local,, state, or federal
restrictions regarding the maximum number of occupants permitted
to occupy housing accommodations. Nothing in that division
prohibits the owners or managers of housing accommodations from
implementing reasonable occupancy standards based on the number
and size of sleeping areas or bedrooms and the overall size of a
dwelling unit, provided that the standards are not implemented to
circumvent the purposes of this chapter and are formulated,
implemented, and interpreted in a manner consistent with this
chapter and any applicable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy
housing accommodations.

(4)  Nothing in division (H) of this section requires that
housing accommodations be made available to an individual whose
tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.

(5) Nothing in division (H) of this section pertaining to
discrimination on the basis of familial status shall be construed
to apply to any of the following:

(a)  Housing accommodations provided under any state or federal
program that have been determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended, to be specifically designed and operated to assist el
derly persons;

(b)  Housing accommodations intended for and solely occupied by
persons who are sixty-two years of age or older;

(c)  Housing accommodations intended and operated for occupancy
by at least one person who is fifty-five years of age or older
per unit, as determined under the "Fair Housing Amendments Act of
1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.

(L) Nothing in divisions (A) to (E) of this section shall be
construed to require a handicapped person to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the handicapped person,
other employees, the general public, or the facilities in which
the work is to be performed, or to require the employment or
training of a handicapped person in a job that requires him
routinely to undertake any task, the performance of which is
substantially and inherently impaired by his handicap.

(M)  Nothing in divisions (H)(1) to (18) of this section shall be
construed to require any person selling or renting property to
modify the property in any way or to exercise a higher degree of
care for a person having a handicap, to relieve any handicapped
person of any obligation generally imposed on all persons
regardless of handicap in a written lease, rental agreement, or
contract of purchase or sale, or to forbid distinctions based on
the inability to fulfill the terms and conditions, including
financial obligations, of the lease, agreement, or contract.

(N) An aggrieved individual may enforce his rights relative to
discrimination on the basis of age as provided for in this
section by instituting a civil action, within one hundred eighty
days after the alleged unlawful discriminatory practice occurred,
in any court with jurisdiction for any legal or equitable relief
that will effectuate his rights.

A person who files a civil action under this division is barred,
with respect to the practices complained of, from instituting a
civil action under section 4101.17 of the Revised Code and from
filing a charge with the commission under section 4112.05 of the
Revised Code.

(O)  With regard to age, it shall not be an unlawful
discriminatory practice and it shall not constitute a violation
of division (A) of section 4101.17 of the Revised Code for any
employer, employment agency, joint labor-management committee con
trolling apprenticeship training programs, or labor organization
to do any of the following:

(1)  Establish bona fide employment qualifications reasonably
related to the particular business or occupation that may include
standards for skill, aptitude, physical capability, intelligence,
education, maturation, and experience;

(2)  Observe the terms of a bona fide seniority system or any
bona fide employee benefit plan, including, but not limited to, a
retirement, pension, or insurance plan, that is not a subterfuge
to evade the purposes of this section. However, no such employee
benefit plan shall excuse the failure to hire any individual, and
no such seniority system or employee benefit plan shall require
or permit the involuntary retirement of any individual, because
of his age except as provided for in the "Age Discrimination in
Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 623,
as amended by the "Age Discrimination in Employment Act Amend
ments of 1986," 100 Stat. 3342, 29 U.S.C.A. 623, as amended.

(3)  Retire an employee who has attained sixty-five years of age
who, for the two-year period immediately before retirement, is
employed in a bona fide executive or a high policymaking
position, if the employee is entitled to an immediate
nonforfeitable annual retirement benefit from a pension, profit-
sharing, savings, or deferred compensation plan, or any
combination of those plans, of the employer of the employee,
which equals, in the aggregate, at least forty-four thousand
dollars, in accordance with the conditions of the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
631, as amended;

(4)  To observe the terms of any bona fide apprenticeship program
if the program is registered with the Ohio apprenticeship council
pursuant to sections 4101.25 to 4101.30 of the Revised Code and
is approved by the federal committee on apprenticeship of the
United States department of labor.

(P)  Nothing in this chapter prohibiting age discrimination and
nothing in division (A) of section 4101.17 of the Revised Code
shall be construed to prohibit the following:

(1) The designation of uniform age the attainment of which is
necessary for public employees to receive pension or other
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,
or 5505. of the Revised Code;

(2)  The mandatory retirement of uniformed patrol officers of the
state highway patrol as provided in section 5505.16 of the
Revised Code;

(3) The maximum age requirements for appointment as a patrol
officer in the state highway patrol established by section
5503.01 of the Revised Code;

(4) The maximum age requirements established for original
appointment to a police department or fire department in sections
124.41 and 124.42 of the Revised Code;

(5) Any maximum age not in conflict with federal law that may be
established by a municipal charter, municipal ordinance, or
resolution of a board of township trustees for original
appointment as a police officer or fire fighter;

(6) Any mandatory retirement provision not in conflict with
federal law of a municipal charter, municipal ordinance, or
resolution of a board of township trustees pertaining to police
officers and fire fighters;

(7) Until January 1, 1994, the mandatory retirement of any
employee who has attained seventy years of age and who is serving
under a contract of unlimited tenure, or similar arrangement
providing for unlimited tenure, at an institution of higher ed
ucation as defined in the "Education Amendments of 1980," 94
Stat. 1503, 20 U.S.C.A. 1141(a).

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this
section, for purposes of divisions (A) to (E) of this section, a
handicap does not include any physiological disorder or
condition, mental or psychological disorder, or disease or
condition caused by an illegal use of any controlled substance by
an employee, applicant, or other person, if an employer,
employment agency, personnel placement service,  labor
organization,  or  joint  labor- management committee acts on the
basis of that illegal use.

(b)  Division (Q)(1)(a) of this section does not apply to an
employee, applicant, or other person who satisfies any of the
following:

(i)  He has successfully completed a supervised drug
rehabilitation program and no longer is engaging in the illegal
use of any controlled substance, or he otherwise successfully has
been rehabilitated and no longer is engaging in that illegal use.

(ii) He is participating in a supervised drug rehabilitation
program and no longer is engaging in the illegal use of any
controlled substance.

(iii) He is erroneously regarded as engaging in the illegal use
of any controlled substance, but he is not engaging in that
illegal use.

(2) Divisions (A) to (E) of this section do not prohibit an
employer, employment agency, personnel placement service, labor
organization, or joint labor-management committee from doing any
of the following:

(a) Adopting or administering reasonable policies or procedures,
including, but not limited to, testing for the illegal use of any
controlled substance, that are designed to ensure that an
individual described in division (Q)(1)(b)(i) or (ii) of this
section no longer is engaging in the illegal use of any con
trolled substance;

(b) Prohibiting the illegal use of controlled substances and the
use of alcohol at the workplace by all employees;

(c)  Requiring that employees not be under the influence of
alcohol or not be engaged in the illegal use of any controlled
substance at the workplace;

(d)  Requiring that employees behave in conformance with the
requirements established under "The Drug-Free Workplace Act of
1988,' 102 Stat. 4304, 41 U.S.C.A. 701, as amended;

(e) Holding an employee who engages in the illegal use of any
controlled substance or who is an alcoholic to the same
qualification standards for employment or job performance, and
the same behavior, that the employer, employment agency,
personnel placement service, labor organization, or joint labor-
management committee holds other employees, even if any
unsatisfactory performance or behavior is related to an
employee's illegal use of a controlled substance or alcoholism;

(f)  Exercising other authority recognized in "The Americans with
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as
amended, including, but not limited to, requiring employees to
comply with any applicable federal standards.

(3)  For purposes of this chapter, a test to determine the
illegal use of any controlled substance does not include a
medical examination.

(4)  Division (Q) of this section does not encourage, prohibit,
or authorize, and shall not be construed as encouraging,
prohibiting, or authorizing, the conduct of testing for the
illegal use of any controlled substance by employees, applicants,
or other persons, or the making of employment decisions based on
the results of that type of testing.



 5103.031 Crisis nurseries for certain minors under age six.

(A)  As used in this section, "HIV" has the same meaning as in
section 3701.24 of the Revised Code.

(B)  The department of human services shall provide, by rules
adopted pursuant to Chapter 119. of the Revised Code, for the
licensure of crisis nurseries that provide temporary shelter and
other care for drug-exposed minors under six years of age, for
HIV-infected minors under six years of age, for other minors
under six years of age who are referred by a public children
services agency, or for any combination of these types of minors.
The rules shall specify that a license shall not be issued to an
applicant for licensure as a crisis nursery if the conditions at
any of its facilities would jeopardize the health or safety of
minors as described in this division.

(C)  A crisis nursery licensed by the department pursuant to this
section may provide temporary shelter and other care per facility
for a period not to exceed sixty days for up to twenty drug-
exposed minors under six years of age, for up to twenty HIV-
infected minors under six years of age, for up to twenty other
minors under six years of age who are referred as described in
division (B) of this section, or for up to twenty minors in any
of these categories.

(D) This section does not apply to children residential centers
or group homes that arc certified pursuant to this chapter.



 5103.04 Certificate required before filing articles of
incorporation.

No association whose object embraces the care of dependent,
neglected, abused, or delinquent children, or the placing of such
children in private homes, shall be incorporated unless the
proposed articles of incorporation have been submitted first to
the department of human services. The secretary of state shall
not issue a certificate of incorporation to such association
until there is filed in his office the certificate of the
department that it has examined the articles of incorporation,
that in its judgment the incorporators are reputable and respect
able persons, the proposed work is needed, and the incorporation
of such association is desirable and for the public good.

Amendments proposed to the articles of incorporation of any such
association shall be submitted in like manner to the department,
and the secretary of state shall not record such amendment or
issue his certificate therefor until there is filed in his office
the certificate of the department that it has examined such
amendment, that the association in question is performing in good
faith the work undertaken by it, and that such amendment is a
proper one, and for the public good.



 5103.05 Duties of division of social ad-ministration.

The division of social administration shall investigate by
correspondence and inspection the system, condition, and
management of the public, private, benevolent, and correctional
institutions of the state and county, and municipal jails,
workhouses, infirmaries, and children's homes as well as all
institutions which receive and care for children. Officers in
charge of such institutions or responsible for the administration
of public funds used for the relief and maintenance of the poor
shall furnish the division or the chief of the division of social
administration such information as he requires. The division may
prescribe forms of report and registration.

For the purpose of such investigation and to administer sections
5103.02 to 5103.19, inclusive, of the Revised Code, the division
shall employ such visitors as are necessary, who shall, in
addition to other duties, investigate the care and disposition of
children made by institutions for receiving children, and by all
institutions including within their objects the placing of
children in private homes, and such visitors may visit such
children in such homes, and report the result of such inspection
to the division.

The chief and such of his executive force as he designates may
attend state and national conferences for the discussion of
questions pertinent to their duties.



 5120.16 Examination, observation, and classification; assignment
to institutions; transfer.

Persons sentenced to any institution, division, or place under
the control and management of the department of rehabilitation
and correction arc committed to the control, care, and custody of
the department. The director of rehabilitation and correction or
his designee may direct that persons sentenced to the department,
or to any institution or place within the department, shall first
be conveyed to an appropriate facility established and maintained
by the department for reception, examination, observation, and
classification of the persons so sentenced.

When the examination, observation, and classification of the
person have been completed by the facility and a written report
of the examination, observation, and classification is filed with
the commitment papers, the director or his designee shall assign
the person to a suitable state institution or place maintained by
the state within his department or shall designate that the
person is to be housed in a county, multicounty, municipal, mu
nicipal-county, or multicounty-municipal jail or workhouse, if
authorized by section 5120.161 [5120.16.1] of the Revised Code,
there to be confined, cared for, treated, trained, and
rehabilitated until paroled, released in accordance with section
2967.23 of the Revised Code, or otherwise released under the
order of the court making such sentence. No person committed by a
probate court, trial court pursuant to section 2945.40 of the
Revised Code, or juvenile court shall be assigned to a penal
institution.

Any person sentenced, committed, or assigned for the commission
of a felony to any one of the institutions or places maintained
by the department or to a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse may,
by order of the department duly recorded, be transferred to any
other institution, or, if authorized by section 5120.161
[5120.16.1] of the Revised Code, to a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse. No person shall he transferred from a benevolent to a
penal institution, except as provided in section 5120.17 of the
Revised Code.

The director or his designee shall develop a policy for dealing
with problems related to infection with the human
immunodeficiency virus. The policy shall include methods of
identifying individuals committed to the custody of the
department who are at high risk of infection with the virus,
counseling these individuals, and, if it is determined to be
medically appropriate, offering them the opportunity to be given
an HIV test approved by the director of health pursuant to
section 3701.241 of the Revised Code.

Arrangements for housing individuals diagnosed as having AIDS or
an AIDS-related condition shall be made by the department based
on security and medical considerations.