3701.24 DEFINITIONS; REPORT AS TO
CONTAGIOUS OR INFECTIOUS DISEASES OR AIDS AND HIV
(A) As used in this section and sections 3701.241 to 3701.249 of the
Revised Code:
(1) "AIDS" means the illness designated as acquired
immunodeficiency syndrome.
(2) "HIV" means the human immunodeficiency virus identified
as the causative agent of AIDS.
(3) "AIDS-related condition" means symptoms of illness
related to HIV infection, including AIDS-related complex, that are
confirmed by a positive HIV test.
(4) "HIV test" means
any test for the antibody or antigen to HIV that has been approved by
the director of health under division (B) of section 3701.241 of the
Revised Code.
(5) "Health care facility" has the same meaning as in
section 1751.01 of the Revised Code.
(6) "Director" means the director of health or any employee
of the department of health acting on the director's behalf.
(7) "Physician" means a person who holds a current, valid
certificate issued under Chapter 4731. of the Revised Code authorizing
the practice of medicine or surgery and osteopathic medicine and
surgery.
(8) "Nurse" means a registered nurse or licensed practical
nurse who holds a license or certificate issued under Chapter 4723. of
the Revised Code.
(9) "Anonymous test" means an HIV test administered so that
the individual to be tested can give informed consent to the test and
receive the results by means of a code system that does not link the
identity of the individual tested to the request for the test or the
test results.
(10) "Confidential test" means an HIV test administered so
that the identity of the individual tested is linked to the test but is
held in confidence to the extent provided by section 3701.24 to 3701.248
of the Revised Code.
(11) "Health care provider" means an individual who
provides diagnostic, evaluative, or
treatment services. Pursuant to Chapter 119. of the Revised Code, the
public health council may adopt rules further defining the scope of the
term "health care provider."
(12) "Significant exposure to body fluids" means a
percutaneous or mucous membrane exposure of an individual to the blood,
semen, vaginal secretions, or spinal, synovial, pleural, peritoneal,
pericardial, or amniotic fluid of another individual.
(13) "Emergency medical services worker" means all of the
following:
(a) A peace officer;
(b) An employee of an emergency medical service organization as
defined in section 4765.01 of the Revised Code;
(c) A firefighter employed by a political subdivision;
(d) A volunteer firefighter, emergency operator, or rescue operator;
(e) An employee of a private organization that renders rescue
services, emergency medical services, or emergency medical
transportation to accident victims and persons suffering serious illness
or injury.
(14) "Peace officer" has the same meaning as in division
(A) of section 109.71 of the Revised Code, except that it also includes
a sheriff and the superintendent and troopers of the state highway
patrol.
(B) Boards of health, health authorities or officials, and physicians
in localities in which there are no
health authorities or officials, shall report promptly to the department
of health the existence of any one of the following diseases:
(1) Asiatic cholera;
(2) Yellow fever;
(3) Diphtheria;
(4) Typhus or typhoid fever;
(5) Any other contagious or infectious diseases that the public
health council specifies.
(C) Persons designated by rule adopted by the public health council
under section 3701.241 of the Revised Code shall report promptly every
case of AIDS, every AIDS-related condition, and every confirmed positive
HIV test to the department of health on forms and in a manner prescribed
by the director. In each county the director shall designate the health
commissioner of a health district in the county to receive the reports.
Information reported under this division that identifies an
individual is confidential and may be released only with the written
consent of the individual except as the director determines necessary to
ensure the accuracy of the information, as necessary to provide
treatment to the individual, as ordered by a court pursuant to section
3701.243 or 3701.247 of the Revised
Code, or pursuant to a search warrant or a subpoena issued by or at the
request of a grand jury, prosecuting attorney, city director of law or
similar chief legal officer of a municipal corporation, or village
solicitor, in connection with a criminal investigation or prosecution.
Information that does not identify an individual may be released in
summary, statistical, or other form.
