Advocacy Updates

Legislature Adjourns for the Year

On December 18, 2024, the Ohio General Assembly had its final session day for the year. This was a hectic day that went into the early hours of December 19th. Any pending legislation that didn’t pass will “die” and need to be reintroduced in 2025, starting the legislative process over. Ohio ACEP is thrilled that our priority legislation regarding hospital workplace violence prevention got over the finish line. Ohio ACEP members generously and courageously shared their stories, and the Ohio legislature was eager to help us find solutions. Below is a summary of the final legislative activity of the year.

Healthcare Workplace Safety Bill Headed to Governor DeWine

Ohio ACEP is very pleased that House Bill 452, which addresses workplace safety for healthcare workers, has cleared the Ohio legislature and is now awaiting action by the Governor. Ohio ACEP is eternally grateful to the bill sponsors, Representatives Andrea White and Rachel Baker, for their work and commitment to this bill.

This important legislation requires hospitals to establish security plans for preventing workplace violence. The plan must be based on a security risk assessment that specifically looks at high-risk areas, including the emergency departments. The security plan will also address whether the emergency department needs a trained security/law enforcement officer on duty and what training those personnel shall have. HB 452 also requires hospitals to establish a workplace violence incident reporting system. This system will document, track and analyze reporting data to inform improvements to workplace safety.

Ohio ACEP was well represented with testimony from Drs. Nicole Veitinger and RJ Sontag, plus additional written testimony, were submitted by Dr. Craig Bates. Other organizations working to pass this important bill were the Ohio Nurses Association, the Ohio Hospital Association, the Ohio Emergency Nurses Association, the Ohio State Medical Association, and other physician specialty societies.

Coroner Bill Passed

Legislation pursued by Senators and physicians Terry Johnson and Steve Huffman would make a number of changes to laws regarding coroners. Senator Johnson and Huffman have both previously served as county coroners. Senate Bill 255 specifies that to qualify to serve as a county coroner, an individual must be a licensed physician (MD or DO). There was an instance in a previous election where a chiropractor was certified to run and won that election to be a county coroner. The bill also requires that standard care arrangements with APRNs contain an agreement that the collaborating physician must be the one to complete and sign death certificates. Ohio ACEP weighed in as a proponent of the stand-alone legislation. This bill was ultimately amended into House Bill 497, regarding county laws, and it has cleared the legislature.

Food Allergy Awareness Crosses Finish line

Senator Theresa Gavarone proposed Senate Bill 234 to designate May as Allergy Awareness Month. The month was chosen to align with the national awareness week in May. Ohio ACEP weighed in with formal proponent testimony. The bill picked up some amendments in House Committee before being voted on. These amendments deal with 988 crisis line information being provided to primary school and higher education students and adding a Lupus awareness designation. The Senate concurred with the House changes, sending this one to the Governor.

Hospital Price Transparency Finds a Home

Ohio ACEP has been tracking House Bill 49 regarding hospital price transparency. House Bill 49 was the standalone legislation on the topic. The House and Senate had appeared to be at a stalemate on this topic, with the House refusing to concur on the Senate changes to the bill back in June.

However, a version of the bill found its way into House Bill 173, originally intended to designate Older Ohioans Month. With agreement reached, the hospital price transparency language is headed to Governor DeWine. The provisions should not affect Ohio ACEP members. The bill will generally require hospitals to maintain a list of at least 300 “shoppable services” as outlined in the bill.

Medical Free Speech Language Lands in Township Legislation

House Bill 315 ended up being the final bill passed by the legislature for the year. This legislation regarding township laws ended up being sent to a conference committee made up of Representatives and Senators. In the conference committee, they accepted a report that included a host of provisions. Many were stand-alone bills that needed a vehicle to pass before the end of the session. Some provisions of interest to Ohio ACEP made their way into the final bill. Of most interest is a provision regarding “medical free speech”. According to the bill summary, the provisions:

• Prohibit a health-related licensing board, the Ohio Department of Health, the State Board of Pharmacy, or other state board or agency responsible for the licensure and regulation of healthcare professionals from infringing on medical free speech.
• Prohibit such a board, department, or agency from pursuing, or threatening to pursue, an administrative or disciplinary action against a prescriber, pharmacist, or other licensed health professional or hospital or inpatient facility for publicly or privately expressing a medical opinion that does not align with the opinions of the board or agency, a local board of health, or the Ohio Department of Health.
• Specify that the World Health Organization lacks jurisdiction in Ohio. Also prohibits a political subdivision, public official, or state agency from enforcing or using any state funding to implement or incentivize any health policy guideline, mandate, recommendation, or rule issued by the World Health Organization, in particular, one that prohibits prescribing or dispensing a drug, including an off-label drug.
• Prohibit a hospital or inpatient facility patient from being denied sufficient means of fluids or nutrition.

These provisions were explained as a compromise between the House and Senate on some of the language in House Bill 73. HB 73 was opposed by Ohio ACEP and many other organizations and regulatory boards.

APRN Legislation on the Governor’s Desk

Senator Kristina Roegner worked on Senate Bill 196 regarding APRNs. The bill is lengthy but generally grants APRNs the authority to sign forms a physician can sign and make determinations a physician can make (including determining and pronouncing death), establishes certain prescribing protocols for pharmacists, and makes other scope of practice expansions. The bill does, however, retain the requirement that APRNs have a collaboration agreement with physicians. Senator Roegner and the OSMA worked closely to review the provisions included in the bill to ensure there were no objectionable provisions. This legislation cleared the House and the Senate with nearly unanimous support and is awaiting the Governor’s signature.

Proposed CMHA Legislation Clears Legislature

Senate Bill 60, regarding the creation of the new certified mental health assistants (CMHA) profession, is headed for the Governor’s desk as part of Senate Bill 95. It did undergo considerable changes before passing, and some of the more significant ones were the removal of CMHA’s authority to pink slip patients and the removal of a provision allowing the Medical Board to establish additional rules regarding CMHAs' scope of practice. It also reinserts language with basic standards for the CMHA curriculum and increases the number of hours that their supervising physician must be available for direct communication. The Ohio State Medical Association worked on this language with the sponsor and noted that it took their position on the bill to neutral.

Want to Learn More?

If you’re interested in viewing the status of all of the bills Ohio ACEP is tracking, you can find the list here.