HB 566: Enact the Break the Silence Act

14Sec. 3701.0413. (A) As used in this section:

15(1) "Domestic violence" has the same meaning as in section

163113.31 of the Revised Code.

18(2) "Health care professional" means the following:

19(a) A physician licensed under Chapter 4731. of the

20Revised Code to practice medicine and surgery or osteopathic

21medicine and surgery:

23(b) A physician assistant licensed under Chapter 4730. of

24the Revised Code:

26(c) A clinical nurse specialist, certified nurse

27practitioner, or certified nurse-midwife licensed under Chapter

284723. of the Revised Code:

30(d) A certified mental health assistant licensed under

31Chapter 4772. of the Revised Code:

33(e) Any health care worker performing initial patient

34assessments at a hospital or urgent care facility, including:

36(i) A registered nurse or licensed practical nurse

37licensed under Chapter 4723. of the Revised Code:

39(ii) A nurse aide:

41(iii) A medical assistant:

43(iv) Any other health care worker performing initial

44patient assessments.

46(3) "Hospital" means a hospital licensed under Chapter

473722. of the Revised Code or a hospital licensed under section

485119.33 of the Revised Code to receive persons with mental

49illnesses.

51(4) "Urgent care facility" means a facility where

52ambulatory care is provided outside a hospital emergency

53department and is available on a walk-in, non-appointment basis.

54"Urgent care facility" does not include a primary care provider.

56(B) The director of health shall develop protocols for

57health care professionals to follow when a health care

58professional knows or has reasonable cause to believe that a

59patient has been the victim of domestic violence. The protocols

60shall include guidance regarding the following:

61(1) Identifying, as part of a medical screening, patients

62who are victims of domestic violence;

63(2) Conducting an interview with the patient;

64(3) Conducting one or more interviews, separate and apart

65from the interview with the patient, with any family or

66household member present;

67(4) Documenting patient injuries or illnesses attributable

68to domestic violence in a patient's medical record, including

69creating a photographic record of the patient's injuries

70whenever possible;

71(5) Providing to patients who exhibit signs of domestic

72violence victimization a current referral list of private and

73public community agencies that provide, or arrange for, the

74evaluation, counseling, and care of individuals experiencing

75domestic violence, including hotlines, local domestic violence

76shelter-based programs, legal services, and information about

77temporary restraining orders.

79(C) Within one year after the effective date of this

80section, the director, or an organization contracted by the

81director through a competitive bidding process, shall offer

82training to health care professionals in hospitals and urgent

83care facilities on how to recognize domestic violence and

84provide support to victims of domestic violence. The training

85shall cover the protocols established pursuant to division (B)

86of this section.

88(D) An organization contracted to provide training shall

89have the following:

90(1) Experience in the development and delivery of

91standardized curriculum for health care professionals regarding

92screening for domestic violence and supporting victims of

93domestic violence:

94(2) Established relationships with private and public

95community agencies that provide, or arrange for, the evaluation,

96counseling, and care of individuals experiencing domestic

97violence:

98(3) A history of leadership and collaboration with state

99and local domestic violence victim advocacy organizations;

100(4) The capacity to provide training on the scale

101required.

103(E) The director or the contracted organization shall make

104the training developed pursuant to division (C) of this section

105available to health care professionals at hospitals and urgent

106care facilities throughout the state.

108(F) When developing the protocols pursuant to division (B)

109of this section, the director shall incorporate guidelines

110developed by the American medical association, American hospital

111association, hospital accreditation organizations, or the

112successor organizations of any of the foregoing regarding

113domestic violence detection and referral.

115(G) The director shall adopt rules as necessary to

116implement this section and may include rules determining how

117frequently health care professionals at hospitals and urgent

118care facilities must receive domestic violence training.

120Sec. 3702.20. (A) As used in this section:

121(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

122(2) "Health care professional" and "urgent care facility" have the same meanings as in section 3701.0413 of the Revised Code.

124(B) Not later than ninety days after the effective date of this section, each urgent care facility shall adopt protocols for conducting an interview with a patient when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating a photographic record of the patient's injuries whenever possible.

126(C) When adopting the protocols required under division (B) of this section, an urgent care facility may utilize the protocols established by the department of health pursuant to section 3701.0413 of the Revised Code.

128Sec. 3727.08 3722.15. (A) As used in this section:

129(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

130(2) "Health care professional" has the same meaning as in section 3701.0413 of the Revised Code.

132(B) Not later than ninety days after the effective date of this section, every hospital licensed under this chapter shall

133adopt protocols providing for conducting an interview with the patient, when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating whenever possible a photographic record of the patient's injuries, in situations in which a doctor of medicine or osteopathic medicine, hospital intern or resident, or registered, advanced practice registered, or licensed practical nurse knows or has reasonable cause to believe that the patient has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, whenever possible.

135(C) When adopting the protocols required under division (B) of this section, a hospital may utilize the protocols established by the department of health pursuant to section 3701.0413 of the Revised Code.

137Sec. 5119.335. (A) As used in this section:

138(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

139(2) "Health care professional" has the same meaning as in section 3701.0413 of the Revised Code.

141(B) Not later than ninety days after the effective date of this section, each hospital licensed under section 5119.33 of the Revised Code shall adopt protocols for conducting an interview with a patient when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating whenever possible a photographic record of the patient's injuries, in situations in which a doctor of medicine or osteopathic medicine, hospital intern or resident, or registered, advanced practice registered, or licensed practical nurse knows or has reasonable cause to believe that the patient has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, whenever possible.

143victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the

144interview with the patient, with any family or household member

145present; and for documenting patient injuries or illnesses

146attributable to domestic violence in the patient's medical

147record, including creating a photographic record of the

148patient's injuries whenever possible.

150(C) When developing the protocols required under division

151(B) of this section, a hospital may utilize the protocols

152established by the department of health pursuant to section

1533701.0413 of the Revised Code.