Ohio Code 3701.13 – Department of health – powers
(A) As used in this section:
Terms Used In Ohio Code 3701.13
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) “Isolation” means the separation of one or more individuals who have been medically diagnosed with a communicable or contagious disease from other individuals who have not been medically diagnosed with the disease.
(2) “Quarantine” means the separation or restriction of movement of one or more individuals who have come into direct contact with someone who has been medically diagnosed with a communicable or contagious disease.
(B)(1) The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have authority in matters of quarantine and isolation, which it may declare and enforce, when neither exists, and modify, relax, or abolish, when either has been established.
(2) Under the authority described in division (B)(1) of this section, the department may require an individual traveling to this state from another country for which the centers for disease control and prevention has issued the highest level of travel health notice due to an outbreak of communicable or contagious disease in that country, and the notice is in effect at the time of arrival in this state from that country, to quarantine or isolate for a period of up to forty-eight hours from arrival, regardless of whether the individual has been medically diagnosed with or come into direct contact with an individual who has been medically diagnosed with that disease.
If the department requires an individual to quarantine or isolate under division (B)(2) of this section, the department shall provide the individual with transportation, lodging, food, and any necessary medical examination, testing, or treatment related to the communicable or contagious disease during that period.
(3) The authority of the department of health under this section is superior to the authority of a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.
(4) The department may approve methods of immunization against the diseases specified in section 3313.671 of the Revised Code for the purpose of carrying out the provisions of that section and take such actions as are necessary to encourage vaccination against those diseases.
(C) Subject to section 101.36 of the Revised Code, the department may make special or standing orders or rules for preventing the spread of contagious or infectious diseases.
(D) In addition to the authority granted by division (C) of this section, the department may make special or standing orders or rules for any of the following purposes:
(1) To prevent the use of fluoroscopes for nonmedical purposes that emit doses of radiation likely to be harmful to any person;
(2) To govern the receipt and conveyance of remains of deceased persons;
(3) To address such other sanitary matters as are best controlled by a general rule.
(E) Whenever possible, the department shall work in cooperation with the health commissioner of a general or city health district.
In any of the following circumstances, the department may make and enforce orders in local matters or reassign substantive authority for mandatory programs from a general or city health district to another general or city health district: when an emergency exists, when the board of health of a general or city health district has neglected or refused to act with sufficient promptness or efficiency, or when such board has not been established as provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14 of the Revised Code. In such cases, the necessary expense incurred shall be paid by the general health district or city for which the services are rendered.
The department of health may require general or city health districts to enter into agreements for shared services under section 9.482 of the Revised Code. The department shall prepare and offer to boards of health a model contract and memorandum of understanding that are easily adaptable for use by boards of health when entering into shared services agreements. The department also may offer financial and other technical assistance to boards of health to encourage the sharing of services.
As a condition precedent to receiving funding from the department of health, the director of health may require general or city health districts to apply for accreditation by July 1, 2018, and be accredited by July 1, 2020, by an accreditation body approved by the director. The director of health, by July 1, 2016, shall conduct an evaluation of general and city health district preparation for accreditation, including an evaluation of each district’s reported public health quality indicators as provided for in section 3701.98 of the Revised Code.
(F) The department may make evaluative studies of the nutritional status of Ohio residents, and of the food and nutrition-related programs operating within the state. Every agency of the state, at the request of the department, shall provide information and otherwise assist in the execution of such studies.
Last updated July 15, 2021 at 2:00 PM