Chapter 3701-73 Public Health Investigations

3701-73-01 Release of information-director investigations.

(A) Investigations conducted by the director pursuant to section 3701.14 of the Revised Code are subject to the release requirements specified in that section. An investigation may be initiated when one or more of the following situations is present.

(1) A local health district has reported cases of illness, including contagious, infectious, epidemic, pandemic, or endemic conditions, that qualified department staff have evaluated and have determined that those cases represent an outbreak of a contagious or infectious condition in one or more local health districts.

(2) The director has determined based on reports of births and deaths, the sanitary conditions and effects of localities and employments, or the personal and business habits of the people that affect their health have or are causing illness in one or more parts of a local health district.

(3) The director has received a request from an agency of state of local government regarding the water supply, sewerage, disposal of excreta of any locality, or the heating, plumbing, and ventilation of a public building that requires a non-routine analysis of a disease, other condition, or unusual occurrence that involves persons in one or more parts of a local health district.

(4) The director has accepted a request for an investigation from another agency of state or local government.

(B) Information obtained during an investigation initiated pursuant to paragraph (A) of this rule that is not complete is confidential and shall not be released unless one or more of the following apply:

(1) The information is released in summary, statistical, or aggregate form that does not identify an individual.

(2) The director has determined pursuant to division (J) of section 3701.14 of the Revised Code that the release of information collected pursuant to an investigation that is not complete and that was initiated pursuant to paragraph (A) of this rule is necessary to avert or mitigate a clear threat to an individual or to the public health. Any information released pursuant this paragraph shall be released in compliance with the requirements of division (J) of section 3701.14 of the Revised Code.

(3) The information that is a part of an incomplete investigation is released pursuant to division (B)(1), (B)(2), or (B)(3) of section 3701.14 of the Revised Code.

(C) A director's journal entry shall be prepared that specifies the date investigations initiated pursuant to paragraph (A) of this rule began. A subsequent director's journal entry shall be prepared each time a preliminary report is issued and after the final report is issued. The original of any journal entry shall be maintained in the Office of Legal Services of the department. Copies of journal entries shall be maintained in the file for the final report of the investigation. Journal entries prepared pursuant to this rule shall not include any protected health information and shall include the following information.

(1) The date the investigation began.

(2) The county or counties where the investigation is being conducted.

(3) Information regarding whether the investigation is being conducted pursuant to paragraph (A)(1), (A)(2), (A)(3), or (A)(4) of this rule.

(4) If the journal entry is prepared for a preliminary or final report, the journal entry shall, in addition to the information in paragraph (C)(1), (C)(2), and (C)(3) of this rule contain a summary of the preliminary or final report and the date the preliminary or final report was placed on the department's website.

If an investigation is not complete within six months of the date the director signed the journal entry that initiated the investigation, the director shall prepare a report containing preliminary findings. The director shall continue to prepare supplemental preliminary reports each six months thereafter until the investigation is completed. All preliminary reports issued by the director pursuant to this rule shall be placed on the Ohio Department of Health website under a section titled Public Health Investigation Preliminary Reports until the final report is released.

After the final report of an investigation is released, the report shall be placed on the department's website under a section titled Public Health Investigation Final Reports. Final reports shall be available on the department's website for twelve months after placement on the website.

A person who wishes to receive information regarding reports released by the department shall notify the department's Office of Public Affairs annually. The Office of Public Affairs will provide information regarding all reports released via electronic mail to persons who notify the department.

R.C. 119.032 review dates: 07/16/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3701.14
Rule Amplifies: 3701.14
Prior Effective Dates: 2/3/2005

3701-73-02 Application procedures for lead training programs.

(A) As used in this rule an "incident" means any definitive and separate occurrence of failing to report any single suspected or confirmed case whose reporting is required division (C) of section 3701.23 , division (C) of section 3701.232 , division (C) of section 3701.24 , division (B) of section 3701.25 , division (B) of section 3707.06 , or division (C) of section 3701.201 of the Revised Code.

(B) Any person who violates division (C) of section 3701.23 , division (C) of section 3701.232 , division (C) of section 3701.24 , division (B) of section 3701.25 , division (B) of section 3707.06 , or any poison control center or other healthrelated entity that fails to comply with division (C) of section 3701.201 of the Revised Code is subject to fines specified in this rule.

(C) Whenever a health commissioner having jurisdiction over the location where the incident occurred becomes aware of an incident, the health commissioner shall immediately inform the director of health with as much other information relative to the incident as is available.

(D) The director of health may consider the scope and severity of any violation as well as the violator's history of compliance in determining the amount of any administrative fine issued pursuant to this rule. Pursuant to an adjudication order issued by the director of health under Chapter 119. of the Revised Code, administrative fines imposed under this rule may be imposed as follows:

(1) One hundred to two hundred fifty dollars per incident if there is no history of non-compliance and the incomplete or non-reporting has not threatened or harmed the public's health or the operations of the Ohio department of health;

(2) Two hundred fifty-one to three hundred fifty dollars per incident if there is a history of non-compliance and the incomplete or non-reporting has not threatened or harmed the public's health or the operations of the Ohio department of health;

(3) Three hundred fifty-one to five hundred dollars per incident if there is no history of non-compliance, but the incomplete or non-reporting has threatened or harmed the public's health or the operations of the Ohio department of health

(4) Five hundred one to seven hundred fifty dollars per incident if there is a history of non-compliance and the incomplete or non-reporting has threatened or harmed the public's health or the operations of the Ohio department of health, or the incomplete or non-reporting appears intentional.

(E) If one or more violations by the same person have been reported within the previous twelve months, the director of health may impose the administrative fine at the next level of severity provided in paragraph (D) of this rule.

R.C. 119.032 review dates: 07/16/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3701.571
Rule Amplifies: 3701.571
Prior Effective Dates: 2/3/2005