Effective: September 19, 2014
Latest Legislation: House Bill 483, Senate Bill 143 - 130th General Assembly
(A) Any cost incurred by a hospital or emergency medical facility in conducting a medical examination of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution, including the cost of any antibiotics administered as part of the examination and the cost of HIV post-exposure prophylaxis provided as part of the examination, shall be paid out of the reparations fund established pursuant to section 2743.191 of the Revised Code, subject to the following conditions:
(1) The hospital or emergency facility shall follow a protocol for conducting such medical examinations that is identified by the attorney general in rule adopted in accordance with Chapter 119. of the Revised Code.
(2) The hospital or emergency facility shall submit requests for payment to the attorney general on a monthly basis, through a procedure determined by the attorney general and on forms approved by the attorney general. The requests shall identify the number of sexual assault examinations performed and the number of sexual assault examinations in which HIV post-exposure prophylaxis was provided and shall verify that all required protocols were met for each examination form submitted for payment in the request.
(3) The attorney general shall review all requests for payment that are submitted under division (A)(2) of this section and shall submit for payment as described in division (A)(5) of this section all requests that meet the requirements of this section.
(4)(a) The hospital or emergency facility shall accept a flat fee payment for conducting each examination in the amount determined by the attorney general pursuant to Chapter 119. of the Revised Code as payment in full for any cost incurred in conducting a medical examination and test of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person, other than the cost of providing HIV post-exposure prophylaxis. The attorney general shall determine a flat fee payment amount to be paid under this division that is reasonable.
(b) The hospital or emergency facility shall accept a flat fee payment for providing HIV post-exposure prophylaxis in the amount determined by the attorney general pursuant to Chapter 119. of the Revised Code as payment in full for any cost incurred in providing HIV post-exposure prophylaxis while conducting a medical examination and test of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person. The attorney general shall determine a reasonable flat fee payment amount to be paid under this division.
(5) In approving a payment under this section, the attorney general shall order the payment against the state. The payment shall be accomplished only through the following procedure, and the procedure may be enforced through a mandamus action and a writ of mandamus directed to the appropriate official:
(a) The attorney general shall provide for payment in the amount set forth in the order.
(b) The expense of the payment of the amount described in this section shall be charged against all available unencumbered moneys in the reparations fund.
(B) No costs incurred by a hospital or emergency facility in conducting a medical examination and test of any victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person shall be billed or charged directly or indirectly to the victim or the victim's insurer.
(C) Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, or with a violation of a statute or municipal ordinance under which by force or threat of force the accused compelled the victim to engage in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area. If separate counts of an alleged offense or alleged separate offenses under division (B) of section 2903.11 or section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, under a municipal ordinance that is substantially equivalent to that division or any of those sections, or under a statute or municipal ordinance in violation of which by force or threat of force the accused compelled the victim to engage in sexual activity took place in more than one municipal corporation or more than one unincorporated area, or both, the local governments shall share the cost of the examination and test. If a hospital or other emergency medical facility has submitted charges for the cost of a medical examination and test to an accused and has been unable to collect payment for the charges after making good faith attempts to collect for a period of six months or more, the cost shall be charged to and paid by the appropriate municipal corporation or county as specified in division (C) of this section.
(D) As used in this section:
(1) "AIDS" and "HIV" have the same meanings as in section 3701.24 of the Revised Code.
(2) "HIV post-exposure prophylaxis" means the administration of medicines to prevent AIDS or HIV infection following exposure to HIV.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Structure Ohio Revised Code
Section 2907.01 | Sex Offenses General Definitions.
Section 2907.03 | Sexual Battery.
Section 2907.04 | Unlawful Sexual Conduct With Minor.
Section 2907.05 | Gross Sexual Imposition.
Section 2907.06 | Sexual Imposition.
Section 2907.07 | Importuning.
Section 2907.09 | Public Indecency.
Section 2907.10 | Preliminary Polygraph Test of Sex Offense Victim.
Section 2907.11 | Suppression of Names of Victim and Offender and Details of the Alleged Offense.
Section 2907.171 | Prosecutor's Failure to Give Notice.
Section 2907.19 | Commercial Sexual Exploitation of a Minor.
Section 2907.21 | Compelling Prostitution.
Section 2907.22 | Promoting Prostitution.
Section 2907.231 | Engaging in Prostitution.
Section 2907.24 | Soliciting; Solicitation After a Positive HIV Test.
Section 2907.241 | Loitering to Engage in Solicitation - Solicitation After Positive HIV Test.
Section 2907.25 | Prostitution - After Positive HIV Test.
Section 2907.26 | Rules of Evidence in Brothel and Prostitution Cases.
Section 2907.27 | Testing and Treatment for Venereal Diseases and Hiv.
Section 2907.28 | Payment for Medical Examination and Test of Any Victim or Accused.
Section 2907.29 | Hospital Emergency Services for Victims of Sexual Offenses.
Section 2907.30 | Interview of Victim by Crisis Intervention Trained Officer.
Section 2907.31 | Disseminating Matter Harmful to Juveniles.
Section 2907.311 | Displaying Matter Harmful to Juveniles.
Section 2907.32 | Pandering Obscenity.
Section 2907.321 | Pandering Obscenity Involving a Minor or Impaired Person.
Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.
Section 2907.33 | Deception to Obtain Matter Harmful to Juveniles.
Section 2907.34 | Compelling Acceptance of Objectionable Materials.
Section 2907.35 | Presumptions in Obscenity Cases.
Section 2907.36 | Declaratory Judgment Action.
Section 2907.37 | Injunction - Nuisance.
Section 2907.38 | Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct.
Section 2907.40 | Illegally Operating Sexually Oriented Business.
Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.