Current through all regulations passed and filed through September 16, 2024
(A) For purposes of this rule:
(1) "Choose life fund" means the fund created
in the state treasury pursuant to section
3701.65 of the Revised Code
consisting of voluntary contributions deposited as provided in section
4503.81 of the Revised Code,
investment earnings of the fund and monies returned to the fund pursuant to
paragraph (F)(4) of this rule.
(2)
"Director" means the director of health or his designee.
(3) "Eligible organization" means any
organization that applies for funding and meets all of the requirements set
forth in paragraph (B) of this rule.
(B) Organizations that wish to obtain funding
from the choose life fund shall apply by June first for annual distribution of
the funds using a form prescribed by the director. The form shall inform the
organization of the conditions for receiving and using the funds. To be
eligible, the organization must meet all of the following requirements:
(1) Is a private, nonprofit
organization;
(2) Is committed to
counseling pregnant women about the option of adoption;
(3) Provides services within the state of
Ohio to pregnant women who are planning to place their children for adoption,
including counseling and meeting the material needs of the women;
(4) Does not charge pregnant women for any
services received;
(5) Is not
involved or associated with any abortion activities, including counseling for
or referrals to abortion clinics, providing medical abortion-related
procedures, or pro-abortion advertising;
(6) Does not discriminate in its provision of
any service on the basis of race, religion, color, marital status, national
origin, handicap, gender, or age;
(7)
If the organization is applying for funding in a county
in which it is not located, provides services for pregnant women residing in
that county; and
(8) If the organization
received choose life funds during the previous year, the organization shall
submit with the application an audited financial statement verifying its
compliance with this rule regarding the use of funds distributed to the
organization during the previous year.
(C) No later than August fifteenth of each
year, the director shall distribute the money in the choose life fund in
accordance with paragraph (E) of this rule to any organization that applies for
funding and meets the requirements set forth in paragraph (B) of this
rule.
(D) The director shall not
distribute funds to an organization that fails to provide verifiable evidence
of compliance with all of the requirements of paragraph (B) of this rule and
shall not provide additional funds to any organization that fails to comply
with the requirements regarding the receipt and use of such funds as set forth
in paragraph (F) or this rule.
(E)
At least annually, the director of health shall
distribute the money in the fund to any private, nonprofit organization that is
eligible to receive funds and that applies for funding under paragraph (B) of
this rule.
(F)
Organizations seeking funds may apply for distribution
of the funds based on the county in which the organization is located. An
organization also may apply for funding in a county in which it is not located
if it demonstrates that it provides services for pregnant women residing in
that county.
(G)
The director shall allocate the funds to each county in
proportion to the number of "choose life" license plates issued during the
preceding year to vehicles registered in each county. The director shall
distribute funds allocated for a county as follows:
(1)
To one or more
eligible organizations located within the county;
(2)
If no eligible
organization located within the county applies for funding, to one or more
eligible organizations located in contiguous counties;
(3)
If no eligible
organization located within the county or a contiguous county applies for
funding, to one or more eligible organizations within any other
county.
(H)
The director shall ensure that any funds allocated for
a county are distributed equally among eligible organizations that apply for
funding within the county.
(I) An eligible
organization receiving funds from the choose life fund shall do all of the
following:
(1) Use not more than sixty per
cent of the funds distributed to it for the material needs of pregnant women
who are planning to place their children for adoption or for infants awaiting
placement with adoptive parents, including clothing, housing, medical care,
food, utilities, and transportation;
(2) Use not more than forty per cent of the
funds distributed to it for counseling, training, or advertising;
(3) Not use any of the funds distributed to
it for administrative expenses, legal expenses, or capital
expenditures;
(4) Return to the
department of health no later than July first any unused money that exceeds ten
percent of the money distributed to the eligible organization during the
previous year; and
(5) Submit to
the director of health no later than June first an audited financial statement
verifying its compliance with this rule regarding the use of funds distributed
to the eligible organization the previous year. If the organization does not
traditionally have an audited financial statement and to have one would create
a hardship, the organization may submit replacement documentation chosen by the
director of health.
(J)
If funds that have been allocated to a county for any
previous year have not been distributed to one or more eligible organizations,
the director may distribute those funds in accordance with this
rule.
