Rules and Regulations
Legislation passed by the General Assembly may dictate that rules are to be promulgated by the Director of Health.
DEFINITION: Text that the Department staff is drafting and editing and has not yet been formally proposed for adoption by the Director of Health.
The first draft of rules is prepared by office/bureau/program staff that will be responsible for carrying out the requirements in the rules. During the initial drafting of rules, every effort is made to solicit input from affected organizations/individuals. This is done through a statutorily created advisory committee, if one exists, or an hoc committee created to draft specific rules, and or review and comment by interested parties. Once the rules are drafted, they are posted for a thirty-day public comment period on ODH's draft rules web page (http://www.odh.ohio.gov/rules/drafts/drafts.aspx). 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/). The posting of the rules also begins two separate reviews, one by the Lt. Governor's Common Sense Initiative (CSI) Office and the other by the Ohio Public Health Advisory Board (OPHAB). Whereas the CSI office reviews rules for adverse business impact, OPHAB generally reviews for health-related issues. Also, the CSI review concludes with a formal report clearing the way for ODH to original file the rules with JCARR or recommending further changes; OPHAB, which acts as an advisory body to the Director, generally concludes its review with a vote to recommend or not recommend adopting rules as written. Both the CSI and OPHAB reviews are concurrent and take approximately sixty days from the date the rules are posted as draft.
The proposed rules are 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 Department of Aging (see Revised Code section 173.01 for applicability). A public hearing is held on proposed rules.
DEFINITION: Rules that have completed the rules process, been adopted by the Director of Health, and are codified in the Ohio Administrative Code.
Last Updated: 1/20/2016