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Ohio Revised Code Search

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health decisions
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Section 3718.021 | Board of health may regulate small flow on-site systems; OEPA regulation in default.

...(A) A board of health may regulate the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems in accordance with rules adopted by the director of health under division (A)(13) of section 3718.02 of the Revised Code. If a board of health chooses to regulate small flow on-site sewage treatment systems, the board first shall send written not...

Section 3718.022 | Consideration of economic impact in adopting rules.

...02 of the Revised Code, the director of health shall consider the economic impact of the rules on property owners, the state of available technology, and the nature and economics of the available alternatives.

Section 3718.023 | Approval of installation, operation or alteration of sewage treatment systems.

...718.02 of the Revised Code, a board of health shall approve or deny the installation, operation, or alteration of sewage treatment systems the use of which has been authorized in those rules or that have been approved for use in this state by the director of health under section 3718.04 of the Revised Code. The board shall approve an installation, operation, or alteration only in the health district in which th...

Section 3718.024 | Training in best management practices.

...The director of health in cooperation with a board of health shall assess the familiarity of the board's staff with best management practices in the use of sewage treatment systems, as necessary, and conduct appropriate training to educate the board's staff in those best management practices and in the use of any new sewage treatment system technology that is recommended for use by the sewage treatment system t...

Section 3718.025 | National pollutant discharge elimination system permits.

...on agency shall not require a board of health to enter into a memorandum of understanding or any other agreement with the agency regarding the issuance of national pollutant discharge elimination system permits for off-lot household sewage treatment systems. Rather, a representative of a board of health may meet with a person who intends to install such a system to determine the feasibility of the system and r...

Section 3718.03 | Sewage treatment system technical advisory committee.

...committee consisting of the director of health or the director's designee and thirteen members who are knowledgeable about sewage treatment systems and technologies. The director or the director's designee shall serve as committee secretary and may vote on actions taken by the committee. Of the thirteen members, five shall be appointed by the governor, four shall be appointed by the president of the senate, and four ...

Section 3718.041 | Requests for statements of approval for installers or manufacturers.

...d Code may request from the director of health a written statement acknowledging that the system or component of a system is approved for use in this state and that the approval is equivalent in all respects to the approval of a system or component of a system under section 3718.04 of the Revised Code. The director may approve or deny such a request as the director determines appropriate.

Section 3718.05 | Administration and enforcement duties of director of health.

...The director of health shall do all of the following: (A) Administer and enforce this chapter and the rules adopted under it; (B) Examine records of boards of health, in accordance with rules adopted by the director, that are determined necessary to ascertain compliance with this chapter and rules adopted under it; (C) Review and approve or disapprove rules proposed by boards of health under division (B) of ...

Section 3718.06 | Fees; disposition of proceeds.

...(A) A board of health shall establish fees in accordance with section 3709.09 of the Revised Code for the purpose of carrying out its duties under this chapter and rules adopted under it, including fees for installation permits, operation permits, and alteration permits issued by the board. All fees so established and collected by the board shall be deposited in a special fund of the district to be used exclusi...

Section 3718.07 | Survey to determine compliance - approved district list.

...The director of health shall survey each city and general health district at least once every three years to determine whether there is substantial compliance with the requirements of this chapter pertaining to health districts and the applicable rules adopted by the director under this chapter. Upon determining that there is substantial compliance, the director shall place the district on an approved list. The...

Section 3718.08 | Violation of chapter, rules or conditions prohibited.

...No person shall violate this chapter, any rule adopted or order issued under it, or any condition of a registration or permit issued under rules adopted under it.

Section 3718.09 | Enforcement orders - emergency orders.

...(A) A board of health may issue, modify, suspend, or revoke enforcement orders to a registration or permit holder or other person directing the holder or person to abate a violation of this chapter, any rule adopted or order issued under it, or a condition of a registration or permit issued under it within a specified, reasonable time. If an order issued under this division is neglected or disregarded, the appl...

Section 3718.10 | Prosecution or injunction for violation - civil penalty.

...ring, upon complaint of the director of health or a board of health, shall prosecute to termination or bring an action for injunction or other appropriate relief against any person who is violating or has violated this chapter, any rule adopted or order issued under it, or any condition of a registration or permit issued under rules adopted under it. The court of common pleas or the municipal or county court in...

Section 3718.99 | Penalty.

... (A) If the violation occurred within a health district that is approved under section 3718.07 of the Revised Code, the money shall be deposited to the credit of the district's special fund created under section 3718.06 of the Revised Code. (B) If the violation occurred within a health district that is not approved under section 3718.07 of the Revised Code and a contracting district is carrying out the duties o...

Section 3719.01 | Controlled substances definitions.

...ed as a hospital with the department of health under section 3701.07 of the Revised Code. (K) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for the injection of medication. (L) "Manufacturer" means a person who manufactures a controlled substance, as "manufacture" is defined in section 3715.01 of the Revised Code, and includes a "manufacturer of dangerous drugs" as defined in se...

Section 3719.011 | Controlled substances definitions for use in Revised Code.

... drug, to the detriment of the person's health or welfare. (C) "Person in danger of becoming a person with a drug dependency" means any person who, by reason of the person's habitual or incontinent use of any drug of abuse, is in imminent danger of becoming a person with a drug dependency.

Section 3719.012 | Minor may give consent to diagnosis or treatment of condition caused by drug or alcohol abuse.

...(A) Notwithstanding any other provision of law, a minor may give consent for the diagnosis or treatment by a physician licensed to practice in this state of any condition which it is reasonable to believe is caused by a drug of abuse, beer, or intoxicating liquor. Such consent shall not be subject to disaffirmance because of minority. (B) A physician licensed to practice in this state, or any person acting at his di...

Section 3719.013 | Controlled substance analog.

...Except as otherwise provided in section 2925.03 or 2925.11 of the Revised Code, a controlled substance analog, to the extent intended for human consumption, shall be treated for purposes of any provision of the Revised Code as a controlled substance in schedule I.

Section 3719.04 | Sale of controlled substances by category III licensees.

...ant surgeon of the United States public health service; (4) To a person in a foreign country, if the federal drug abuse control laws are complied with. (B) An official written order for any schedule II controlled substances shall comply with all requirements of the federal drug abuse control laws and rules adopted by the state board of pharmacy. Except as provided in section 3719.05 of the Revised Code or as otherw...

Section 3719.05 | Pharmacist may dispense controlled substances - prescriptions - sale of stock.

...(A) A pharmacist may dispense controlled substances to any person upon a prescription issued in accordance with section 3719.06 of the Revised Code. When dispensing controlled substances, a pharmacist shall act in accordance with rules adopted by the state board of pharmacy and in accordance with the following: (1) The prescription shall be retained on file by the owner of the pharmacy in which it is filled for a p...

Section 3719.06 | Authority of licensed health professional.

...(A)(1) A licensed health professional authorized to prescribe drugs, if acting in the course of professional practice, in accordance with the laws regulating the professional's practice, and in accordance with rules adopted by the state board of pharmacy, may, except as provided in division (A)(2), (3), or (4) of this section, do the following: (a) Prescribe schedule II, III, IV, and V controlled substances; (b) ...

Section 3719.061 | Prescription of opioids to minors.

...of serious risk to the life or physical health of a minor. (d) "Minor" means an individual under eighteen years of age who is not emancipated. (2) For purposes of this section, an individual under eighteen years of age is emancipated only if the individual has married, has entered the armed services of the United States, has become employed and self-sustaining, or otherwise has become independent from the care an...

Section 3719.062 | Adoption of rules by health-related licensing board regarding opioid analgesics.

...As used in this section, "health-related licensing board" means a state board authorized to issue a license to engage in the practice of a licensed health professional authorized to prescribe drugs. A health-related licensing board may adopt rules limiting the amount of an opioid analgesic that may be prescribed pursuant to a single prescription by an individual licensed by the board. The rules shall be adopted in ...

Section 3719.063 | Liability for administration of naltrexone.

...In the absence of gross negligence or intentional misconduct, a person who administers the drug naltrexone by injection, the person's employer, and the facility at which the drug is administered are not liable in any civil action or subject to criminal prosecution or professional discipline for any injury or damage caused by the injection or drug if all of the following conditions are met: (A) The individual to who...

Section 3719.064 | Prerequisites for initiation of medication-assisted treatment.

...ive authority; (d) A certified mental health assistant who is licensed under Chapter 4772. of the Revised Code and has been granted physician-delegated prescriptive authority by the physician supervising the certified mental health assistant. (3) "Qualifying practitioner" has the same meaning as in section 303(g)(2)(G)(iii) of the "Controlled Substances Act of 1970," 21 U.S.C. 823(g)(2)(G)(iii), as amended. (...

Section 3750.16 | Right of entry.

...A member of the emergency response commission or his designated representative who also is an officer or employee of the state or a political subdivision, a member of the local emergency planning committee of the emergency planning district having territorial jurisdiction who is also an officer or employee of the state or a political subdivision, or the designated representative of the fire department having territo...

Section 3750.17 | Prohibitions.

...(A) No person shall violate any section of this chapter or a rule adopted or order issued under it. (B) No person shall falsify, tamper with, or render inaccurate any information or records required to be submitted under any section of this chapter, a rule adopted under it, or an order issued under it. Violation of this division is not also a violation of division (C) of this section and is not falsification under s...

Section 3750.18 | Orders for enforcement.

...The executive committee of the emergency response commission may issue orders requiring the owner or operator of a facility or other responsible person at a facility to abate a violation of any section of this chapter or a rule adopted under it, and orders requiring a local emergency planning committee or fire department to comply with this chapter or rules adopted under it. Enforcement orders issued under this sect...

Section 3750.19 | Appeals.

...The environmental review appeals commission created in section 3745.02 of the Revised Code has exclusive original jurisdiction over any matter that may be brought before it under Chapter 3745. of the Revised Code or this chapter. For purposes of this section, the terms "any person," "act," and "action" have the same meanings as in section 3745.04 of the Revised Code. Any person who has been aggrieved or adversely af...

Section 3750.20 | Prosecutions.

...(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation has occurred or is occurring, upon the written request of the executive committee of the emergency response commission, the local emergency planning committee, or the fire department having jurisdiction where the violation has occurred or is occurring, shall prosecute to termination or bring an ...

Section 3750.21 | Liability for disclosures.

...ficer or employee of a fire department, health professional, physician, nurse, or other person who receives information classified as a trade secret pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code, information classified as a trade secret pursuant to division (B)(14) of that section, or information identified as confidential business information by rules adopted under divisio...

Section 3750.22 | Distribution by facility owner of copies of vulnerability assessment.

...(A)(1) The owner or operator of a facility where chemicals are produced, or the owner or operator of any other facility or business of any type, may provide a copy of any vulnerability assessment of the facility or business or of any other security-sensitive information developed regarding the facility or business to any of the following: (a) The local emergency planning committee of the emergency planning district ...

Section 3750.99 | Penalty.

...(A) Whoever recklessly violates section 3750.06 of the Revised Code or an order issued under section 3750.18 of the Revised Code to enforce that section is guilty of a felony and shall be fined at least ten thousand but not more than twenty-five thousand dollars or imprisoned for at least two but not more than four years, or both. Each day of violation is a separate offense. Upon a second or subsequent conviction for...

Section 3751.01 | Hazardous substances definitions.

...As used in this chapter: (A) "Confidential business information" means the types or categories of information identified in rules adopted by the administrator of the United States environmental protection agency under EPCRA. (B) "EPCRA" means the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, et seq. (C) "Facility" means all buildings, equipment, structures, and othe...

Section 3751.02 | Authority of director.

...The director of environmental protection may do any of the following: (A) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements or authorizations that the director considers necessary or appropriate to implement and administer this chapter. (B) As the representative of the governor pursuant to EPCRA, request the administrator of the United States environmental protection agency t...

Section 3751.03 | Submission of toxic chemical release forms.

...(A)(1) On or before the first day of July of each year or as otherwise prescribed by the administrator of the United States environmental protection agency under EPCRA, the owner or operator of a facility described in division (A)(2) of this section shall prepare and submit to the administrator a completed toxic chemical release form for each toxic chemical that was so manufactured, processed, or otherwise used at th...

Section 3751.04 | Specific chemical identity as trade secret.

...ide the specific chemical identity to a health professional, physician, or nurse pursuant to division (D) of this section. (C) The governor may, pursuant to EPCRA, request the administrator of the United States environmental protection agency to provide specific chemical identities that are claimed or have been determined to be trade secret information or the explanations and supplemental information supporting trad...

Section 3751.05 | Toxic chemical release reporting fund.

...All civil penalties received under division (B) of section 3751.10 of the Revised Code shall be credited to the toxic chemical release reporting fund, hereby created in the state treasury. Moneys credited to the fund shall be expended by the director exclusively for the purposes of implementing, administering, and enforcing this chapter and the rules adopted and orders issued under it.

Section 3751.06 | Enforcement.

...No political subdivision or local emergency planning committee of an emergency planning district established under section 3750.03 of the Revised Code shall enforce any ordinance, resolution, rule, or requirement for the reporting or providing of the names or amounts of toxic chemicals manufactured, processed, or otherwise used at facilities within the political subdivision or district; for the reporting or providing...

Section 3751.07 | Prohibitions.

...No person shall violate any section of this chapter or a rule adopted or order issued under it.

Section 3751.08 | Right of entry.

...The director of environmental protection or his authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times upon any private or public property, real or personal, to inspect or investigate, obtain samples, and examine and copy records to determine compliance with this chapter and rules adopted and orders issued under it. The directo...

Section 3751.09 | Issuing abatement orders.

...The director of environmental protection may issue orders requiring the owner or operator of a facility where toxic chemicals are manufactured, processed, or otherwise used to abate a violation of this chapter or a rule adopted or order issued under it. The director may issue such orders as final orders without issuing a proposed action under section 3745.07 of the Revised Code and, notwithstanding section 119.06 of ...

Section 3751.10 | Prosecutions.

...(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation has occurred or is occurring, upon the written request of the director of environmental protection, shall prosecute to termination or bring an action for injunction against any person who has violated or is violating any section of this chapter or any rule adopted or order issued under it. The c...

Section 3751.11 | Liability for disclosures.

...ficer or employee of a fire department, health professional, physician, nurse, or other person who receives information classified as a trade secret or identified as confidential business information pursuant to EPCRA and who violates division (F) of section 3751.04 of the Revised Code or otherwise discloses information classified as a trade secret or identified as confidential business information pursuant to that a...

Section 3751.99 | Penalty.

...Whoever purposely violates division (F) of section 3751.04 of the Revised Code shall be fined not more than twenty thousand dollars, imprisoned for not more than one year, or both. Each violation is a separate offense.

Section 3752.01 | Cessation of regulated operations definitions.

...As used in this chapter: (A) "Asbestos" has the same meaning as in section 3710.01 of the Revised Code. (B) "Asbestos-containing material" means any material that contains more than one per cent by weight of asbestos. (C) "Cessation of regulated operations" means the discontinuation or termination of regulated operations or the finalizing of any transaction or proceeding through which those operations are disconti...

Section 3752.02 | Exceptions.

...Nothing in this chapter or rules adopted under it applies to any of the following: (A) Oil or gas production operations regulated under Chapter 1509. of the Revised Code and rules adopted under it; (B) Equipment, petroleum, or piping owned or operated by a public utility as defined in section 4905.02 of the Revised Code or other electric light company as defined in section 4905.03 of the Revised Code or by a subsid...

Section 3752.03 | Adoption of rules.

...(A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend or rescind, rules doing all of the following: (1) Establishing guidelines for the demonstrations required to be made in an application for a waiver under division (A) of section 3752.10 of the Revised Code; (2) Prescribing methods to be used in securing buildings, structures, an...

Section 3752.04 | Notice of cessation of regulated operations.

...Unless the owner or operator of a reporting facility has submitted to the director of environmental protection in connection with the facility a notice of the temporary discontinuation of all regulated operations at the facility in compliance with division (A)(1) of section 3752.09 of the Revised Code or an application for a waiver in compliance with division (A) of section 3752.10 of the Revised Code, the owner or o...

Section 3752.05 | Designating contact person for facility.

...(A) Each owner or operator who is required to submit a notice of cessation of all regulated operations under section 3752.04 of the Revised Code and a certification of the removal of regulated substances under section 3752.06 of the Revised Code shall designate a contact person in connection with the reporting facility. The contact person shall have the responsibility to provide access to the facility named in the no...