Laws and Rules

January 23, 2020 | Agency

Draft Rules

The Ohio Department of Health (ODH) posts proposed rules for public comment below as draft rules. Draft rules posted for public comment may be edited based on comments received but have not yet been formally proposed for adoption.

The draft rules are written, with input by some affected organizations and individuals, by the Ohio Department of Health's programs responsible for carrying out the rules. The draft rules are then posted for public comment for anyone to provide comments on the draft. Upon posting the draft rules, ODH sends out an e-notification alert to interested parties who have signed up on the Ohio Business Gateway Regulatory Reform site (http://business.ohio.gov/reform/).

Posting of the draft rules also begins the 60-day review period by the Ohio Public Health Advisory Board (OPHAB). OPHAB is tasked with reviewing all ODH rules and making a recommendation to the Director of Health. ODH also provides a copy of the draft rules to the Common Sense Initiative (CSI) in the Office of Lieutenant Governor.

Once rules are reviewed by CSI and OPHAB, the rules may be formally proposed.

Please Click Here to send a comment on a proposed rule.

(For a complete list of current proposed rules and status updates click on the Proposed Rules tab.)

Chapters/Rules	Title	Posted	Comment Period End	Office/Bureau*
3701:1-67	External Beam Radiation Therapy Equipment	01/13/2020	02/13/2020	BEHRP
3701-72	Radiologic License	01/13/2020	02/13/2020	BEHRP
3701-15-03	Tuberculosis standards for the purposes of section 3701.14 of the Revised Code	01/10/2020	02/10/2020	BID
3701:1-38	General Radiation Protection Standards for Sources of Radiation	12/16/2019	01/15/2020 Ended	BEHRP
3701-12	Certificate of Need	12/10/2019	01/10/2020 Ended	BRO
3701-32	Lead Hazard Abatement	11/01/2019	11/11/2019 Ended	BEHRP
3701:1-58	Medical Use of Radioactive Materials	10/23/2019	11/23/2019 Ended	BEHRP
3701:1-50	Packaging and Transportation of Radioactive Material	10/22/2019	11/22/2019 Ended	BEHRP
3701:1-46	General Licenses and Licenses for Manufacturing and Distribution	10/22/2019	11/22/2019 Ended	BEHRP
3701-30-01	Childhood Lead Poisoning Prevention, Investigation and Reporting - Definitions	10/17/2019	11/01/2019 Ended	BEHRP
3701-9	Body Art	10/08/2019	11/11/2019 Ended	BEHRP
3701-45	Ohio Hearing Aid Assistance Program	09/23/2019	10/23/2019 Ended	BMCFH
3701-83-15	Definitions - Ambulatory Surgical Facilities	09/23/2019	10/23/2019 Ended	BRO
3701-25	Resident Camps	09/19/2019	09/30/2019 Ended	BEHRP
3701:1-40-16, 3701:1-46-43, 3701:1-58	Medical Use of Radioactive Materials	08/13/2019	09/12/2019 Ended	BEHRP
3701-59	Hospital Registration	08/06/2019	09/05/2019 Ended	BRO
3701-19	Hospice Care Programs	08/05/2019	09/04/2019 Ended	BRO
3701-84-61, -62	Pediatric Intensive Care Units	08/05/2019	09/04/2019 Ended	BRO
3701-84-27	Patient selection/utilization - bone marrow transplantation service	08/05/2019	09/04/2019 Ended	BRO
3701-54-03	Critical congenital heart disease screening procedures, equipment (Newborn Critical Congenital Heart Disease Screening)	07/01/2019	07/12/2019 Ended	BMCFH
3701-25	Resident Camps	07/01/2019	07/30/2019 Ended	BEHRP
3701-54-03	Critical congenital heart disease screening procedures, equipment	06/14/2019	06/24/2019 Ended	BMCFH
3701-55-02	Fees for Laboratory Services/ Newborn Screening	06/10/2019	07/10/2019 Ended	ODHL
3701-82-01,-02,-03	Lead Training Programs; Environmental Lead Analytical Laboratories and Clinical Lead Laboratories	05/10/19	06/09/19 Ended	BEHRP
3701-32	Lead Hazard Abatement	5/10/19	06/09/19 Ended	BEHRP
3701-30	Childhood Lead Poisoning Prevention, Investigation and Reporting	05/01/19	06/01/19 Ended	BEHRP
3701-54	Newborn Critical Congenital Heart Disease Screening	05/01/19	06/01/19 Ended	BMCFH
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	05/01/19	06/01/19 Ended	BEHRP
3701:1-66	Medical Radiation-Generating Equipment	05/01/19	05/15/19 Ended	BEHRP
3701-43	Children with Medical Handicaps Program	04/05/2019	05/05/2019 Ended	BHS
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	04/03/2019	05/03/2019 Ended	OHIW
3701-3-02	Diseases to be Reported	03/05/2019	04/05/2019 Ended	BID
3701-3-10, -11, -12	HIV Testing and Reporting	03/01/2019	04/01/2019 Ended	OHIW
3701-29-13	Sewage Treatment Systems Product Renewal Process	01/30/2019	02/28/2019 Ended	BEHRP
3701-42-08	Abuse of the WIC program; sanctions	01/14/2019	02/14/2019 Ended	BHS
3701:1-66	Medical Radiation-Generating Equipment (2nd Posting)	01/14/2019	02/14/2019 Ended	BEHRP
3701-53	Alcohol and Drug Testing	12/31/2018	01/31/2019 Ended	BPHL
3701-12	Certificate of Need	12/11/2018	01/11/2019 Ended	OHAL
3701:1-40	Licensing of Radioactive Material	12/04/2018	01/04/2019 Ended	BEHRP
3701:1-37	Physical Protection of Category Two Quantities of Radioactive Material	12/03/2018	01/03/2019 Ended	BEHRP
3701:1-44	Licensing of Source Material	12/03/2018	01/03/2019 Ended	BEHRP
3701-13-05	Criminal Records Checks	12/03/2018	01/03/2019 Ended	OHAL
3701-40-06, -08	Universal Newborn Hearing Screening and Hearing Evaluations	11/08/2018	11/18/2018 Ended	BMCFH
3701-7	Maternity Units and Homes	***	Ended	OHAL
3701-40	Universal Newborn Hearing Screening and Hearing Evaluations	***	Ended	BMCFH

*OGC [Office of the General Counsel]; OHAL [Office of Health Assurance and Licensing]; OHIW [Office of Health Improvement and Wellness]; OHIW [Office of Health Improvement and Wellness]; OHP [Office of Health Preparedness]; OHPPI [Office of Health Policy and Performance Improvement]; BID [Bureau of Infectious Disease]; BEHRP [Bureau of Environmental Health and Radiation Protection]; BHP [Bureau of Health Promotion]; BHS [Bureau of Health Services]; BMCFH [Bureau of Maternal & Child and Family Health]; BPHL [Bureau of Public Health Laboratory]; BVS [Bureau of Vital Statistics]; PHLIP [Public Health Lead Investigation Program]; PHL [Public Health Laboratory].

Proposed Rules

After the public comment period and review by the Common Sense Initiative (CSI) and the Ohio Public Health Advisory Board (OPHAB), draft rules become proposed rules when original filed with the Joint Committee on Agency Rule Review (JCARR), the Legislative Service Commission (LSC), and the Secretary of State. In some cases, rules are also filed with the Ohio Department of Aging (ODA) as necessary (See R.C. 173.01).

A public hearing will be scheduled 30-45 days after the proposed rules are original filed with JCARR. Notification of the public hearing will be available on The Ohio Department of Health's website (HERE) and through e-notifications.

Status of Proposed Rules:
CLICK below to view the current stage of the Chapter or Rule.

Public Comment Period

Rule #	Chapter/Rule/Title	Comment Period Dates
3701:1-67	External Beam Radiation Therapy Equipment	January 13, 2020 - February 13, 2020
3701-72	Radiologic License	January 13, 2020 - February 13, 2020
3701-15-03	Tuberculosis standards for the purposes of section 3701.14 of the Revised Code	January 10, 2020 - February 10, 2020
3701:1-38	General Radiation protection Standards for Sources of Radiation	December 16, 2019 - January 15, 2019
3701-12	Certificate of Need	December 10, 2019 - January 10, 2020
3701-32	Lead Hazard Abatement	November 1, 2019 - November 11, 2019
3701:1-58	Medical Use of Radioactive Materials	October 22, 2019 - November 23, 2019
3701:1-46	General Licenses and Licenses for Manufacturing and Distribution	October 22, 2019 - November 22, 2019
3701:1-50	Packaging and Transportation of Radioactive Material	October 22, 2019 - November 22, 2019
3701-30-01	Childhood Lead Poisoning Prevention, Investigation and Reporting - Definitions	October 17, 2019 - November 1, 2019
3701-9	Body Art	October 8, 2019 - November 7, 2019
3701-45	Ohio Hearing Aid Assistance Program	September 23, 2019 - October 23, 2019
3701-83-15	Definitions - Ambulatory Surgical Facilities	September 23, 2019 - October 23, 2019
3701-25	Resident Camps	September 19, 2019 - September 30, 2019
3701:1-40-16, 3701:1-46-43, 3701:1-58	Medical Use of Radioactive Materials	August 13, 2019 - September 12, 2019
3701-59	Hospital Registration	August 06, 2019 - September 05, 2019
3701-19	Hospice Care Programs	August 05, 2019 - September 04, 2019
3701-84-61, -62	Pediatric Intensive Care Units	August 05, 2019 - September 04, 2019
3701-84-27	Patient selection/utilization-bone marrow transplantation service	August 05, 2019 - September 04, 2019
3701-25	Resident Camps	July 01, 2019 - July 30, 2019
3701-54-03	Critical congenital heart disease screening procedures	July 01, 2019 - July 12, 2019
3701-54-03	Critical congenital heart disease screening procedures	June 14, 2019 - June 24, 2019
3701-55-02	Fees for Laboratory Services/ Newborn Screening	June 10, 2019 - July 10, 2019
3701-32	Lead Hazard Abatement	May 10, 2019 - Jun 09, 2019
3701:-82-01,-02,-03	Lead Training Programs; Environmental Lead Analytical Laboratories	May 10, 2019 - Jun 09, 2019
3701-30	Childhood Lead Poisoning Prevention, Investigation and Reporting	May 01, 2019 - Jun 01, 2019
3701-54	Radiation Generating Equipment	May 01, 2019 - Jun 01, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	May 01, 2019 - Jun 01, 2019
3701:1-66	Medical Radiation-Generating Equipment	May 01, 2019 - May 15, 2019

Rules on Ohio Public Health Advisory Board (OPHAB) Agenda

Rule #	Chapter/Rule/Title	Meeting Date
3701:1-67	External Beam Radiation Therapy Equipment	March 13, 2020
3701-72	Radiologic License	March 13, 2020
3701-15-03	Tuberculosis standards for the purposes of section 3701.14 of the Revised Code	March 13, 2020
3701:1-38	General Radiation Protection Standards	January 24, 2020
3701-12	Certificate of Need	January 24, 2020
3701-9	Body Art	TBD
3701-32	Lead Hazard Abatement	November 22, 2019
3701:1-58	Medical Use of Radioactive Materials	November 22, 2019
3701:1-50	Packaging and Transportation of Radioactive	November 22, 2019
3701:1-46	General Licenses and Licenses for Manufacturing and Distribution	November 22, 2019
3701-30-01	Childhood Lead Poisoning Prevention, Investigation and Reporting - Definitions	November 22, 2019
3701-45	Ohio Hearing Aid Assistance Program	November 22, 2019
3701-83-15	Definitions - Ambulatory Surgical Facilities	November 22, 2019
3701-25	Resident Camps	October 4, 2019
3701:1-40-16, 3701:1-46-43, 3701:1-58	Medical Use of Radioactive Materials	October 4, 2019
3701-59	Hospital Registration	October 4, 2019
3701-19	Hospice Care Programs	October 4, 2019
3701-84-61, -62	Pediatric Intensive Care Units	October 4, 2019
3701-84-27	Patient selection/utilization - bone marrow transplantation service	October 4, 2019
3701-25	Resident Camps	August 9, 2019, (2nd Date TBD)
3701-55-02	Required screening: facility requirements	August 9, 2019
3701-30	Childhood Lead Poisoning Prevention, Investigation, and Reporting	June 28, 2019
3701-32	Lead Hazard Abatement	June 28, 2019
3701-54	Newborn Critical Congenital Heart Disease Screening	June 28, 2019
3701-82-01, 02, & -03	Lead Training Programs; Environmental Lead Analytical Laboratories	June 28, 2019
3701:1-66	Medical Radiation-Generating Equipment	June 28, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	June 28, 2019
3701-43	Children with Medical Handicaps Program	May 31, 2019
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	May 03, 2019

Original File Proposed Draft Rules

Rule #	Chapter/Rule/Title	Original File Date
3701-3-02	Diseases to be Reported	May 17, 2019
3701-3-10, -11, -12	HIV Testing and Reporting	June 3, 2019
3701-7	Maternity Units and Homes	March 11, 2019
3701-9	Body Art
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	August 20, 2019
3701-12	Certificate of Need	March 6, 2019
3701-13-05	Criminal Records Checks
3701-19	Hospice Care Programs
3701-21	Food Service Operations	January 14, 2019
3701-25	Resident Camps
3701-28	Private Water Systems	July 16, 2019
3701-29-13	Sewage Treatment Systems Product Renewal Process	July 16, 2019
3701-30	Lead Screening and Assessment
3701-32	Lead Hazard Abatement
3701-40	Hearing Evaluations	April 8, 2019
3701-42-08	Abuse of the WIC Program; Sanctions	April 8, 2019
3701-43	Program for Medically Handicapped Children
3701-44	Ryan White Program	November 19, 2018
3701-45	Ohio Hearing Aid Assistance Program
3701-49	Fees for Laboratory Services	October 5, 2018
3701-53	Alcohol and Drug Testing
3701-54	Newborn Critical Congenital Heart Disease	October 7, 2019
3701-55-02	Required screening: facility requirements	October 3, 2019
3701-59	Hospital Registration
3701-62	Do Not Resuscitate (DNR) Protocol	January 14, 2019
3701-64	Abuse or Neglect in Long-Term Care Facilities	October 30, 2018
3701-68-01	Women's Health Services	August 31, 2018
3701-81	Lead Safe Rental Registry	January 14, 2019
3701-82-01, -02, -03	Lead Training Programs; Environmental Lead Analytical Laboratories	August 19, 2019
3701-83-15	Ambulatory Surgical Facilities - Definitions
3701-84-27	Pediatric Intensive Care Units
3701-84-61, -62	Patient Selection/Utilization - Bone Marrow Transplantation Service
3701:1-37-01 through -31	Physical Protection Quantities of Radioactive Material	August 19, 2019
3701:1-38-04	Radiation Generating Equipment Inspection Scheduling and Inspection Fee	October 31, 2018
3701:1-40	Licensing of Radioactive Materials
3701:1-44	Licensing of Source Material
3701:1-46	General Licenses and Licenses for Manufacturing and Distribution
3701:1-50	Packaging and Transportation of Radioactive Material
3701:1-58	Medical Use of Radioactive Materials
3701:1-58; 3701:1-40-16; 3701:1-46-43	Medical Use of Radioactive Materials
3701:1-66	Radiation Generating Equipment	September 10, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	July 16, 2019

Public Rules Hearing

Rule #	Chapter/Rule/Title	Hearing Date
3701-19	Hospice	December 13, 2019
3701-59	Hospitals	December 13, 2019
3701-84-27	Health Care Services	December 13, 2019
3701-84-61, -62	Pediatric Intensive Care Units	December 13, 2019
3701-54	Newborn Critical Congenital Heart Disease	November 7, 2019
3701-55-02	Required screening: facility requirements	November 7, 2019
3701:1-66	Radiation Generating Equipment	October 17, 2019
3701:1-37-01 through -31	Physical Protection Quantities of Radioactive Material	September 26, 2019
3701-82-01, -02, -03	Lead Training Programs; Environmental Lead Analytical Laboratories	September 26, 2019
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	September 26, 2019
3701-28	Private Water Systems	August 22, 2019
3701-29	Sewage Treatment Systems Product Renewal Process	August 22, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	August 22, 2019

Joint Committee on Agency Rule Review (JCARR) Hearing

Rule #	Chapter/Rule/Title	Hearing Date
3701-19	Hospice	December 9, 2019
3701-59	Hospital Registration	December 9, 2019
3701-84-27	Health Care Services	December 9, 2019
3701-84-61, -62	Pediatric Intensive Care Units	December 9, 2019
3701-69	Radon Testing	*TBD
3701-54	Newborn Critical Congenital Heart Disease	November 18, 2019
3701-55-02	Required screening: facility requirements	November 18, 2019
3701:1-66	Radiation Generating Equipment	October 28, 2019
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	October 7, 2019
3701-82-01, -02, -03	Lead Training Programs; Environmental Lead Analytical Laboratories	October 7, 2019
3701:1-37-01 through -31	Physical Protection Quantities of Radioactive Material	October 7, 2019
3701-28	Private Water Systems	September 16, 2019
3701-29	Sewage Treatment Systems Product Renewal Process	September 16, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments	September 16, 2019

Final File Rules

Rule #

Chapter/Rule/Title

Effective Date

3701-62	Do Not Resuscitate (DNR)	Sept 1, 2019
3701-29-13	Product standards, review, and operation and maintenance	Sept 30, 2019
3701-7	Maternity Units and Homes	Oct 1, 2019
3717-1-08.5	Dogs in Outdoor Dining Areas	Oct 3, 2019
3701-82-01, -02, -03	Lead Training Programs	November 3, 2019
3701:1-37	Physical Protection Quantities of Radioactive Material	November 3, 2019
3701-10-01	Breast and Cervical Cancer Project Cost Sharing	November 4, 2019
3701-40	Universal Hearing Screening for Newborns and Infants	Dec 1, 2019
3701:1-66	Medical Radiation - Generating Equipment	Dec 20, 2019
3701-54	Newborn Critical Congenital Heart Disease Screening	Dec 26, 2019
3701-28	Private Water Systems	Jan 1, 2020
3701-84-27	Patient selection/utilization - bone marrow transplantation service - Appendix A	Jan 20, 2020
3701-84-61, -62	Health Care Services - Pediatric Intensive Care Units	Jan 20, 2020
3701-59	Hospitals	Jan 20, 2020
3701-19	Hospice Care Programs	Jan 23, 2020

NOTE: Final filed Chapters/Rules of the Ohio Administrative Code that relate to the Ohio Department of Health will remain on the proposed rules page until they are available through LAWriter and moved to the Final Rules Tab.

Final Rules

Final rules are rules that have completed the rules process, been adopted by the Director of Health, and are codified in the Ohio Administrative Code (OAC).

Chapters of the Ohio Administrative Code that relate to the Ohio Department of Health are available through LAWriter by clicking the links below;


3701 Department of Health - Administration and Director	3701:1 Radiation Control	3717 State of Ohio Uniform Food Safety Code	4736 Sanitarian Registration

Ohio Administrative Code rules may be accessed by clicking on the Chapter link in the table below:

Chapter/ Rules	Title
3701-3	Communicable Diseases
3701-4	Ohio Cancer Incidence Surveillance System
3701-5	Vital Statistics
3701-6	Physician Loan Repayment Program
3701-7	Maternity Units and Homes
3701-8	Help Me Grow Program
3701-9	Body Art (Tattoo and Body Piercing)
3701-12	Certificate of Need
3701-13	Hiring of Direct-Care Provider Employees
3701-14	DRG Reporting Requirements
3701-15	Tuberculosis
3701-16	Residential Care Facilities
3701-17	Nursing Homes
3701-18	Training and Competency Evaluation Programs; Train the Trainer
3701-19	Hospice Care Programs
3701-21	Food Service Operations
3701-25	Resident Camps
3701-26	Campgrounds
3701-28	Private Water Systems
3701-29	Household Sewage Treatment Systems
3701-30	Lead Screening and Assessment
3701-31	Swimming Pools
3701-32	Lead Hazard Abatement
3701-33	Agricultural Labor Camps
3701-36	Local Health Departments
3701-40	Hearing Evaluations
3701-41	Poison Control, Prevention, and Treatment
3701-42	Women, Infants and Children (WIC) Program
3701-43	Program for Medically Handicapped Children
3701-44	Ryan White Program
3701-45	Ohio Hearing Aid Assistance Program
3701-47	Abortion
3701-48	Save Our Sight Fund
3701-49	Fees for Laboratory Services
3701-51	Public Notice
3701-52	Smoking Prohibitions
3701-53	Alcohol Testing
3701-54	Critical Congenital Heart Disease
3701-55	Newborn Screening for Genetic, Endocrine, or Metabolic
3701-56	Dentist Loan Repayment Program
3701-57	Ohio Birth Defects Information System
3701-58	Dental Hygienist Loan Repayment Program
3701-59	Hospitals
3701-60	Home Health Agencies
3701-61	Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks
3701-62	Do Not Resuscitate (DNR) Protocol
3701-63	Appeal of Denial of Long-Term Care Facility Certification
3701-64	Abuse or Neglect in Long-Term Care Facilities
3701-65	Service Delivery to Multiple Needs Children
3701-67	Child Fatality Review Board
3701-68	Use of 440-416 Funds
3701-69	Radon Testing
3701-72	Licensing of Radiation Handlers Operating in Medical Settings
3701-73	Public Health Investigations
3701-74	Choose Life Fund
3701-75	Accessing Confidential Personal Information
3701-82	Lead Training Programs; Environmental Lead Analytical Laboratories
3701-83	Licensing Provisions for Health Care Facilities
3701-84	Quality Standards for Providers of Health Care Service (HCS)
3701-86	Registration of Newborn Safety Incubator Locations
3701:1-37	Physical Protection of Category One and Category Two Quantities of Radioactive Material
3701:1-38	General Radiation Protection Standards for Sources of Radiation
3701:1-40	Licensing of Radioactive Material
3701:1-43	Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)
3701:1-44	Licensing of Source Material
3701:1-46	General Licenses and Licenses for Manufacturing and Distribution
3701:1-48	Licensing and Safety Requirements for industrial Radiography
3701:1-49	Licensing and Safety Requirements for Well Logging
3701:1-50	Packaging and Transportation of Radioactive Material
3701:1-52	Licensing and Safety Requirements for Irradiators
3701:1-54	Radiation Generator and Broker Reporting Requirements
3701:1-56	License for Special Nuclear Material
3701:1-58	Medical Use of Radioactive Materials
3701:1-66	Medical Radiation-Generating Equipment
3701:1-67	External Beam Radiation Therapy Equipment
3701:1-68	Non-Medical Radiation-Generating Equipment
3717-1	State of Ohio Uniform Food Safety Code
4736	Sanitarian Licensure (4736-9-02, 4736-10-01, 4736-15-01, 4736-15-03)

Click on the following site to access both newly original filed rules as well as, newly final filed rules that may not yet have been posted to the web: Register of Ohio.