Bioterrorism, Public Health and the Law 
Law 801: Health Care Law Seminar
Professor Vernellia R. Randall

OH ST 3701.13 Powers of Dept of Health


Lesson Schedule
00: Intro to the Course
01: Intro to the Problem
02: Public Health System
03: Real Threat?
04: Public Health Law
05: Disease-Reporting
06: Quarantine
07: Model Act
08: Military Presence
09: Health Law Revisited



The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have supreme authority in matters of quarantine, which it may declare and enforce, when none exists, and modify, relax, or abolish, when it has been established. It may approve means of immunization against poliomyelitis, rubeola, diphtheria, rubella (German measles), pertussis, tetanus, and hepatitis B for the purpose of carrying out the provisions of section 3313.671 of the Revised Code. It may make special or standing orders or rules for preventing the use of fluoroscopes for nonmedical purposes which emit doses of radiation likely to be harmful to any person, for preventing the spread of contagious or infectious diseases, for governing the receipt and conveyance of remains of deceased persons, and for such other sanitary matters as are best controlled by a general rule. It may make and enforce orders in local matters when an emergency exists, or 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 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.


2001 H 94, 56.02, eff. 6-6-01, reads:

(A) There is hereby created the Health Care Workforce Shortage Task Force to study the shortage of health care professionals and health care workers in the health care workforce and to propose a state plan to address the problem. For the purposes of the Task Force, "health care professional" and "health care worker" have the same meanings as in section 2305.234 of the Revised Code.

(B) The Director of Health shall serve as chair of the Health Care Workforce Shortage Task Force. The Task Force shall consist of not more than twenty-one members, who shall serve without compensation. The Director of Aging, one member of the Senate, appointed by the President of the Senate, and one member of the House of Representatives, appointed by the Speaker of the House of Representatives, shall serve on the Task Force. The member from the House of Representatives and the member from the Senate shall be from different political parties. The Director of Health shall appoint health care professionals and health care workers representing each of the following organizations:

(1) Ohio Hospital Association;

(2) Ohio Association of Children's Hospitals;

(3) Ohio Council for Home Care;

(4) Ohio Health Care Association;

(5) Ohio Hospice and Palliative Care Organization;

(6) Ohio Association of Philanthropic Homes;

(7) Ohio Commission on Minority Health;

(8) Ohio Nurses Association;

(9) Ohio Pharmacists Association;

(10) Ohio State Medical Association;

(11) Families for Improved Care;

(12) Ohio Association of Health Care Quality;

(13) Ohio Academy of Family Physicians;

(14) Ohio Provider Resource Association;

(15) Ohio Association of Adult Day Services.

(C) The Department of Health shall provide the Task Force with office space, staff, supplies, services, and other support as needed.

(D) The Task Force shall do all of the following:

(1) Review the licensing standards for all health care professionals;

(2) Identify strategies to increase recruitment, retention, and development of qualified health care professionals and health care workers in health care settings;

(3) Develop recommendations for improving scopes of practice to remove unnecessary barriers to high quality provision of health care;

(4) Develop possible demonstration projects to present technology's potential to increase the efficiency of health care personnel;

(5) Recommend education strategies to meet health care workforce needs.

(E) The Task Force shall submit a report of its findings and recommendations to the Speaker and Minority Leader of the House of Representatives and to the President and Minority Leader of the Senate not later than July 1, 2002. On submission of the report, the Task Force shall cease to exist.

Tuberculosis Quarantine: A Review of Legal Issues in Ohio and Other States, Paula Mindes. 10 J L & Health 403 (1995-96).


Jurisdictional issues 1 Payment by city 2 Zoning regulations 3 1. Jurisdictional issues

State can directly exercise its police power concerning public health or it may delegate that power to other governmental agencies. DeMoise v. Dowell (Ohio 1984) 10 Ohio St.3d 92, 461 N.E.2d 1286, 10 O.B.R. 421.

Public utilities commission has authority to regulate drinking water containers in diesel locomotives. Cincinnati, N. O. & T. P. Ry. Co. v. Public Utilities Commission (Ohio 1963) 175 Ohio St. 130, 192 N.E.2d 53, 23 O.O.2d 414.

2. Payment by city

City may be compelled to perform its health duties that are for benefit of public health generally, and pay for such service, even though unwilling to do so. Hess v. City of Canton (Stark 1933) 47 Ohio App. 108, 189 N.E. 18, 16 Ohio Law Abs. 736, 39 Ohio Law Rep. 331.

3. Zoning regulations

The Ohio department of health and public health council have no authority to determine whether a manufactured home park, or the lots within the park, constitute a nonconforming use for purposes of a township or village zoning code. Such determination is within the purview of the township or village that enacted the zoning code. OAG 00-022.

R.C. 3701.13

OH ST 3701.13

Related Pages:
Home ] Up ] OH ST 3701.02 Department of Health ] OH ST 3701.03 Duties of Director ] [ OH ST 3701.13 Powers of Dept of Health ] OH ST 3701.24 Reporting Diseases ] OH ST 3701.34 Public Health Council ] OH ST 3701-35 Regulations ] OH ST 3701.56 Enforcement ] OH ST 3701.81 Spreading Contagion ] OH ST 3709-20 Regulations by City Health District ] OH ST 3709-21 Regulation by General Health District ]
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Previous Pages:
Home ] Public Health System Core Functions and the Law ] The Legal Advice of Rumpole the Malevolent ] The Power to Protect the Public Health ] The Current Status of State Public Health Law ] Legal Basis for Large-Scale Quarantine ] The Evolution of Public Health Regulation ] Public Health Practices in the Colonial and Federalist Periods ] Ohio State Statutes ] Selected Ohio Cases ] Ex parte Company ] Application re Halko ] Bioterrorism and Public Health Law: the Critical Choices ] Biological Terrorism and Legal Measures ] Legal Authority and Health Disparities ]
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