3701-2-01 Bylaws of the Public Health Council of the State Department of Health.

(A) Organization.

(1) Membership. The public health council (the council) shall consist of the following seven members to be appointed by the governor:

(a) Three physicians who are licensed to practice medicine in the state;

(b) A pharmacist who is licensed to practice pharmacy in the state;

(c) A registered nurse who is licensed to practice nursing as a registered nurse in the state;

(d) A sanitarian who holds a valid certificate of registration as a sanitarian issued under section 4736.11 of the Revised Code; and

(e) A member of the public who is not associated with or financially interested in the practice of medicine, nursing, pharmacy, or environmental health, and is at least sixty years of age.

(2) Officers.

The officers of the council shall be a chairperson (chair) and a secretary, as provided by section 3701.33 of the Revised Code, and a vice chairperson (vice chair).

(3) Officer duties.

(a) The chair shall preside at all meetings of the council and shall perform such other duties as are required by statute and parliamentary procedures.

(b) The vice chair shall preside over the meetings of the council in the absence of the chair. The vice chair shall also perform such other duties as designated by the council or the chair.

(c) The secretary shall record and maintain the minutes of the council and perform such other duties as may be required by the council. If neither the chair nor the vice chair are present at the meeting, then the secretary may preside. The director of health, shall designate an officer or employee of the department of health to act as secretary, and an additional employee to act as the administrative assistant to the council. Additional employees shall be designated to the council as needed.

(4) Election of officers.

On or before the first day of July of each year, the council shall designate the members who shall act as chair and vice chair for the ensuing year.

(5) Terms of office.

Council members shall serve seven year terms commencing on the first day of July, and ending on the thirtieth day of June. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed.

(6) Vacancies.

Any member appointed to fill a vacancy occurring prior to the expiration of term for which the predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Vacancies in council membership, either by term limits or resignation, shall be filled by governor's appointment in accordance with section 3701.33 of the Revised Code. Recommendations on filling vacancies may be made to the director by the council.

(7) Meetings.

(a) The council shall hold its regular meetings at intervals of approximately six to nine weeks as scheduled by the secretary and administrative assistant in consultation with the council. Meetings shall be held at the offices of the Ohio department of health, or at any other place, as deemed advisable by the council or the director.

(b) Special meetings may be called upon the request of any four members of the council or upon request of the director of health, and may be held at any place considered advisable by the council or director. The purpose of special meetings shall be stated in the call, and no other business shall be considered at such meetings, except by unanimous consent of the members present. The date and place of the meeting shall be specified in the call.

(c) Notice of all regular and special meetings shall be given to council members at least ten days in advance of such meeting. Notice of meetings shall be provided through the council's mail list, the department's website, and any other means available to the council and department.

(8) Meeting Agendas.

The order of business at regular and special meetings of the council shall generally follow the format below:

(a) Roll call;

(b) Statement and report of the director;

(c) Chair's report;

(d) Public hearings

(e) Consideration and approval of minutes;

(f) Unfinished business;

(g) New business;

(h) Report of any committees

(i) Division updates and reports; and

(j) Adjournment.

(9) Minutes and agendas.

(a) The minutes of previous meetings and the next meeting's agenda and information on any matters to be presented to the council at any regular or special meeting shall be provided to the council within seven days prior to the regular or special meeting.

(b) Meeting minutes, agenda, and related informational materials may be provided to the council by either electronic or written formats.

(c) All proceedings of the council shall be transcribed by a court reporter and such transcription shall become the official report of the public proceedings and maintained by the department.

(10) Attendance.

Council members are expected to attend a minimum of seventy-five percent of meetings conducted annually. Notice of absenteeism must be provided to the council's secretary or administrative assistant in advance of the meeting in order to be considered an excused absence. Three consecutive, unexcused absences shall be considered notice of a council member's intent to resign from the council, and such intent forwarded to the governor's office by the director.

(11) Committees.

The chair shall appoint any committees of the council as deemed necessary by the chair. In addition, there shall be one standing committee, the by-laws committee. The purpose of the by-laws committee shall be to review and periodically update the council's by-laws.

(12) Quorum.

Four members of the council constitutes a quorum for the transaction of business.

(B) Public rulemaking hearings.

If the council calls a public hearing for the purpose of adopting, amending, or rescinding rules under Chapter 119. or section 111.15 of the Revised Code, the secretary may conduct the public hearing when a quorum of the council is not present at the hearing. If neither the chair nor the vice chair of the council is present at the public hearing held in the absence of a quorum, then the secretary may preside at the hearing. If the secretary conducts a public hearing in accordance with this paragraph, the secretary shall provide to each council member who was not present at the public hearing a copy of a verbatim transcript of the hearing proceedings, along with all witness exhibits consisting of written comments, submissions, and testimony introduced at the public hearing. The secretary shall provide the copies of the transcript and exhibits before the council takes any final action on any new, amended or rescinded rules that were the subject of the public hearing.

(C) Financial disclosure statement and ethics training.

Council members shall remain compliant with laws regarding financial disclosure and shall attend ethics training as required by executive order.

Replaces: 3701-2-01

Effective: 04/08/2010
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.33 , 3701.34
Prior Effective Dates: 12/31/1977, 9/21/81, 5/20/91