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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* |
| Medical Use of Radioactive Materials | 08/13/2019 | 09/12/2019 |
BEHRP |
|
| Hospital Registration | 08/06/2019 | 09/05/2019 | BRO | |
| Hospice Care Programs | 08/05/2019 | 09/04/2019 | BRO | |
| Pediatric Intensive Care Units | 08/05/2019 | 09/04/2019 | BRO | |
| Patient selection/utilization - bone marrow transplantation service | 08/05/2019 | 09/04/2019 | 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 |
| 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 |
| Fees for Laboratory Services/ Newborn Screening | 06/10/2019 |
07/10/2019 |
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 |
BEHRP |
| 3701:1-66 |
Medical Radiation-Generating Equipment |
05/01/19 | 05/15/19 Ended |
BEHRP |
| 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 |
|
Diseases to be Reported |
03/05/2019 | 04/05/2019 Ended |
BID |
|
| 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 |
|
Alcohol and Drug Testing |
12/31/2018 |
01/31/2019 |
BPHL |
|
| Certificate of Need | 12/11/2018 | 01/11/2019 Ended |
OHAL | |
| Licensing of Radioactive Material | 12/04/2018 |
01/04/2019 |
BEHRP | |
| Physical Protection of Category Two Quantities of Radioactive Material | 12/03/2018 |
01/03/2019 |
BEHRP | |
| Licensing of Source Material | 12/03/2018 |
01/03/2019 |
BEHRP | |
| Criminal Records Checks | 12/03/2018 |
01/03/2019 |
OHAL | |
|
Universal Newborn Hearing |
11/08/2018 |
11/18/2018 |
BMCFH | |
| 3701-7 | Maternity Units and Homes | *** | Ended |
OHAL |
| 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]. |
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 at 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.
| Rule # | Chapter/Rule/Title | Comment Period Dates |
| 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 |
May 10, 2019 - Jun 09, 2019 |
| 3701-30 |
Childhood Lead Poisoning Prevention, Investigation and |
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 |
May 01, 2019 - Jun 01, 2019 |
| 3701:1-66 |
Medical Radiation-Generating Equipment |
May 01, 2019 - May 15, 2019 |
| Rule # | Chapter/Rule/Title | Meeting Date |
| 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 |
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 |
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 |
| Rule # | Chapter/Rule/Title | Original File Date |
| 3701-3-10, -11, -12 |
HIV Testing and Reporting | June 3, 2019 |
| 3701-10-01 | Breast and Cervical Cancer Project Cost Sharing | |
| 3701-13-05 |
Criminal Records Checks |
|
| 3701-28 |
Private Water Systems |
July 16, 2019 |
| 3701-29-13 |
Sewage Treatment Systems Product Renewal Process |
July 16, 2019 |
| 3701-43 |
Program for Medically Handicapped Children |
|
| 3701-53 |
Alcohol and Drug Testing |
|
| 3701-55-02 |
Required screening: facility requirements |
|
| 3701-82-01, -02, -03 |
Lead Training Programs; Environmental Lead Analytical Laboratories |
|
| 3701:1-37-01 through -31 |
Physical Protection Quantities of Radioactive Material |
August 19, 2019 |
| 3701:1-40 |
Licensing Requirements for Radioactive Materials |
|
| 3701:1-44 |
Licensing of Source Material |
|
| 3701:1-66 |
Radiation Generating Equipment |
|
| 3717-1-08.5 |
Dogs in Outdoor Dining Areas of Food Service Operations and Retail Food Establishments |
July 16, 2019 |
| Rule # | Chapter/Rule/Title | Hearing Date |
| 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 |
| 3701:1-37-01 through -31 |
Physical Protection Quantities of Radioactive Material |
September 26, 2019 |
| Rule # | Chapter/Rule/Title | Hearing Date |
| 3701-69 |
Radon Testing |
*TBD |
| 3701:1-37-01 through -31 |
Physical Protection Quantities of Radioactive Material |
October 7, 2019 |
| Rule # | Chapter/Rule/Title | Effective Date |
| 3701-68-01 |
Women's Health Services |
Nov 18, 2018 |
| 3701:1-38-04 |
Radiation generating equipment inspection scheduling and inspection fee |
Jan 30, 2019 |
| 3701-64 | Abuse or Neglect in Long Term Care Facilities |
Feb 2, 2019 |
| 3717-1 |
State of Ohio Uniform Safety Code |
Mar 1, 2019 |
| 3701-21-01; 3701-21-25 |
Food Service Operations |
April 1, 2019 |
| 3701-44 |
Ryan White Program (Part B) |
April 1, 2019 |
| 3701-81 |
Lead Safe Rental Registry |
April 1, 2019 |
| Certificate of Need (CON) | May 23, 2019 | |
| Fees for Laboratory Services/ Newborn Screening | June 13, 2019 | |
| Abuse of the WIC program; sanctions | June 24, 2019 | |
| Diseases to be Reported | Aug 1, 2019 | |
| Do Not Resuscitate (DNR) | Sept 1, 2019 | |
|
Maternity Units and Homes |
Oct 1, 2019 | |
| 3701-40 | Universal Hearing Screening for Newborns and Infants |
Dec 1, 2019 |
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 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 |
| 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.
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