Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-68 - Use of 440-416 Funds
Section 3701-68-01 - Women's health services
Universal Citation: OH Admin Code 3701-68-01
Current through all regulations passed and filed through September 16, 2024
(A) As used in this chapter:
(1) "Director" means the director of the Ohio
department of health or any official or employee of the Ohio department of
health designated by the director.
(2) "Licensed counselor" means a person who
is licensed under Chapter 4757. of the Revised Code to practice professional
counseling.
(3) "Licensed doctor"
means a person who is licensed under Chapter 4731. of the Revised Code to
practice medicine and surgery, or osteopathic medicine and surgery.
(4) "Licensed nurse" means a person who is
licensed under Chapter 4723. of the Revised Code to practice nursing as
an advanced
practice registered nurse (APRN), registered nurse or licensed to
practice nursing as a practical nurse.
(5) "Licensed social worker" means a person
who is licensed under Chapter 4757. of the Revised Code to practice as a social
worker or independent social worker.
(6)
"Physician
assistant" means a person who is licensed under Chapter 4730. of the Revised
Code to practice medicine as a physician assistant.
(7)
"Local health department" means the health department created by the board of
health of the city or general health district, or entity having the duties of
the board of health as authorized by section
3709.05 of the Revised
Code.
(8) "Women's health services" means one or more of the
following:
(a) Pelvic exams and lab
testing;
(b) Breast exams and
patient education on breast cancer;
(c) Screening for cervical cancer;
(d) Screening and treatment for sexually
transmitted diseases (STDs);
(e)
Voluntary choice of contraception, including abstinence and natural family
planning;
(f) Patient education and
pre-pregnancy counseling on the dangers of smoking, alcohol, and drug use
during pregnancy;
(g) Education on
sexual coercion and violence in relationships; and
(h) Prenatal care or referral for prenatal
care.
(B) To be eligible for grant funding for the provision of women's health services, the applicant must meet the following criteria.
(1) The applicant must certify to the
director that either:
(a) The applicant does
not provide abortion services or counseling for or referrals for abortion,
except in the case of a medical emergency; or
(b) If the applicant provides abortion
services or counseling for or referrals for abortion, the applicant's services
are organized so that the women's health services are physically and
financially separate from abortion-providing and abortion-promoting activities.
To determine if the services are physically and financially separate from
abortion providing and abortion-promoting activities, the director shall
consider the degree of separation of facilities, the existence of separate
clinical personnel, the existence of separate accounting records, and the
existence of separate phone lines, including fax and computer lines.
(2) The applicant shall provide
sufficient assurance to the director all of the following:
(a) None of the funds shall be used to
provide abortion services or for counseling for or referrals for abortion,
except in the case of a medical emergency;
(b) The women's health services shall be
provided by licensed doctors, licensed nurses, advanced
practice registered nurses (APRNs), physician assistants, licensed social
workers and licensed counselors in a medical clinical setting;
(c) The program shall not discriminate in the
provision of services based on an individual's religion, race, national origin,
handicapping condition, age, sex, number of pregnancies or marital
status;
(d) The program shall
provide services without subjecting individuals to any coercion to accept
services or to employ any particular method of family planning;
(e) Acceptance of services shall be solely on
a voluntary basis and may not be made a prerequisite to eligibility for, or
receipt of, any other service, assistance from, or participation in, any other
program of the service provider; and
(f) The costs for services provided by the
program, if any are charged, shall be based on the patient's ability to pay and
priority in the provision of services shall be given to persons from low-income
families.
(3) The
applicant shall develop and implement clinical protocols consistent with
applicable nationally recognized standards of care (i.e. American college of
obstetricians and gynecologists, centers for disease control and prevention,
U.S. preventive services task force, American cancer society). The applicant
need only have clinical protocols for any of the eight women's health services
applicant provides or proposes to provide.
(C) The director shall award grant in amounts determined appropriate to eligible applicants in the following order of priority.
(1) The director shall first
consider grant applications from local health departments that meet the
criteria listed in paragraph (B) of this rule and that meet the following
criteria:
(a) The local health department
provides or proposes to provide one or more of the women's health services
defined in paragraph (A)(7) of this rule; and
(b) The local health department provides or
proposes to provide the services directly. The personnel providing the services
shall be employed by or under contract for an individual's services with the
local health department. The local health department may not directly or
indirectly have the services provided by or for another entity in order to be
eligible for the priority under this paragraph. This does not preclude a local
health department from contracting with a professional practice for an
individual's services or from making arrangements to establish alternative
sites for services at other local health departments.
(c) In prioritizing the awards among local
health departments that meet the criteria in this paragraph, the director may
consider, among other reasonable factors, the comprehensiveness of the women's
health services to be offered and the need for the women's health services
throughout the state.
(2) If funds remain after awarding grants to
all local health departments that qualify for a grant award under paragraph
(C)(1) of this rule, the director shall then consider for award other
applicants that meet the criteria listed in paragraph (B) of this rule and that
provide or propose to provide the following services. When prioritizing the
grant awards among the applicants in this priority category, the director shall
consider the need for the women's health services throughout the state.
(a) The applicant provides or proposes to
provide all eight of the women's health services defined in paragraph (A)(7) of
this rule; or
(b) The applicant
provides or proposes to provide all eight of the women's health services
defined in paragraph (A)(7) of this rule except contraception.
(D) The director shall not discriminate against an applicant because the applicant does not provide contraception.
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