3701.13 POWERS OF DEPARTMENT; NUTRITION
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
(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).
NOTES OF DECISIONS AND OPINIONS
Jurisdictional issues 1 Payment by city 2 Zoning regulations 3 1.
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
R.C. § 3701.13
OH ST § 3701.13