Ohio Code § 3701.046

§ 3701.046.

The director of health is authorized to make grants for women's health services from

funds appropriated for that purpose by the general assembly. None of the funds received through grants for women's health services shall be used

to provide abortion services.  None of the funds received through these grants shall be used for counseling for

or referrals for abortion, except in the case of a medical emergency.  These funds shall be distributed by the director to programs that the department

of health determines will provide services that are physically and financially separate

from abortion-providing and abortion-promoting activities, and that do not include

counseling for or referrals for abortion, other than in the case of medical emergency. These women's health services include and are limited to the following:  pelvic examinations

and laboratory testing;  breast examinations and patient education on breast cancer;

 screening for cervical cancer;  screening and treatment for sexually transmitted

diseases and HIV screening;  voluntary choice of contraception, including abstinence

and natural family planning;  patient education and pre-pregnancy counseling on the

dangers of smoking, alcohol, and drug use during pregnancy;  education on sexual coercion

and violence in relationships;  and prenatal care or referral for prenatal care.  These health care services shall be provided in a medical clinic setting by persons

authorized under Chapter 4731. of the Revised Code to practice medicine and surgery

or osteopathic medicine and surgery;  authorized under Chapter 4730. of the Revised

Code to practice as a physician assistant;  licensed under Chapter 4723. of the Revised

Code as a registered nurse, including an advanced practice registered nurse, or as

a licensed practical nurse;  or licensed under Chapter 4757. of the Revised Code as

a social worker, independent social worker, licensed professional clinical counselor,

or licensed professional counselor. The director shall adopt rules under Chapter 119. of the Revised Code specifying reasonable

eligibility standards that must be met to receive the state funding and provide reasonable

methods by which a grantee wishing to be eligible for federal funding may comply with

these requirements for state funding without losing its eligibility for federal funding. Each applicant for these funds shall provide sufficient assurance to the director

of all of the following: (A) The program shall not discriminate in the provision of services based on an individual's

religion, race, national origin, disability, age, sex, number of pregnancies, or marital

status; (B) The program shall provide services without subjecting individuals to any coercion

to accept services or to employ any particular methods of family planning; (C) 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; (D) Any charges for services provided by the program 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. In distributing these grant funds, the director shall give priority to grant requests

from local departments of health for women's health services to be provided directly

by personnel of the local department of health.  The director shall issue a single request for proposals for all grants for women's

health services.  The director shall send a notification of this request for proposals to every local

department of health in this state and shall place a notification on the department's

web site.  The director shall allow at least thirty days after issuing this notification before

closing the period to receive applications. After the closing date for receiving grant applications, the director shall first

consider grant applications from local departments of health that apply for grants

for women's health services to be provided directly by personnel of the local department

of health.  Local departments of health that apply for grants for women's health services to

be provided directly by personnel of the local department of health need not provide

all the listed women's health services in order to qualify for a grant.  However, in prioritizing awards among local departments of health that qualify for

funding under this paragraph, the director may consider, among other reasonable factors,

the comprehensiveness of the women's health services to be offered, provided that

no local department of health shall be discriminated against in the process of awarding

these grant funds because the applicant does not provide contraception. If funds remain after awarding grants to all local departments of health that qualify

for the priority, the director may make grants to other applicants.  Awards to other applicants may be made to those applicants that will offer all eight

of the listed women's health services or that will offer all of the services except

contraception.  No applicant shall be discriminated against in the process of awarding these grant

funds because the applicant does not provide contraception.