Ohio § 3701.36

§ 3701.36.

(A) As used in this section and in sections 3701.361 and 3701.362 of the Revised Code , “palliative care” has the same meaning as in section 3712.01 of the Revised Code . (B) There is hereby created the palliative care and quality of life interdisciplinary

council.  Subject to division (C) of this section, members of the council shall be appointed

by the director of health and include individuals with expertise in palliative care

who represent the following professions or constituencies: (1) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine

and surgery or osteopathic medicine and surgery, including those who are board-certified

in pediatrics and those who are board-certified in psychiatry, as those designations

are issued by a medical specialty certifying board recognized by the American board

of medical specialties or American osteopathic association; (2) Physician assistants licensed under Chapter 4730. of the Revised Code; (3) Advanced practice registered nurses licensed under Chapter 4723. of the Revised Code

who are designated as clinical nurse specialists or certified nurse practitioners; (4) Registered nurses and licensed practical nurses licensed under Chapter 4723. of the

Revised Code; (5) Pharmacists licensed under Chapter 4729. of the Revised Code; (6) Psychologists licensed under Chapter 4732. of the Revised Code; (7) Licensed professional clinical counselors or licensed professional counselors licensed

under Chapter 4757. of the Revised Code; (8) Independent social workers or social workers licensed under Chapter 4757. of the

Revised Code; (9) Marriage and family therapists licensed under Chapter 4757. of the Revised Code; (10) Child life specialists; (11) Clergy or spiritual advisers; (12) Exercise physiologists; (13) Health insurers; (14) Patients; (15) Family caregivers. The council's membership also may include employees of agencies of this state that

administer programs pertaining to palliative care or are otherwise concerned with

the delivery of palliative care in this state. (C) The council's membership shall include individuals who have worked with various age

groups, including children and the elderly.  The council's membership also shall include individuals who have experience or expertise

in various palliative care delivery models, including acute care, long-term care,

hospice care, home health agency services, home-based care, and spiritual care.  At least two members shall be physicians who are board-certified in hospice and

palliative care by a medical specialty certifying board recognized by the American

board of medical specialties or American osteopathic association.  At least one member shall be employed as an administrator of a hospital or system

of hospitals in this state or be a professional specified in divisions (B)(1) to (10)

or division (B)(12) of this section who treats patients as an employee or contractor

of such a hospital or system of hospitals. Not more than twenty individuals shall serve as members of the council at any one

time.  Not more than two members shall be employed by the same health care facility or

provider or practice at or for the same health care facility or provider. In making appointments to the council, the director shall seek to include as members

individuals who represent underserved areas of the state and to have all geographic

areas of the state represented. (D) The director shall make initial appointments to the council not later than ninety

days after March 20, 2019.  Terms of office shall be three years.  Each member shall hold office from the date of appointment until the end of the

term for which the member was appointed.  In the event of death, removal, resignation, or incapacity of a council member,

the director shall appoint a successor who shall hold office for the remainder of

the term for which the successor's predecessor was appointed.  A member shall continue in office subsequent to the expiration date of the member's

term until the member's successor takes office or until a period of sixty days has

elapsed, whichever occurs first. The council shall meet at the call of the director, but not less than twice annually.  The council shall select annually from among its members a chairperson and vice-chairperson,

whose duties shall be established by the council. Each member shall serve without compensation, except to the extent that serving on

the council is considered part of the member's regular employment duties. (E) The council shall do all of the following: (1) Consult with and advise the director on matters related to the establishment, maintenance,

operation, and evaluation of palliative care initiatives in this state; (2) Consult with the department of health for purposes of its implementation of section 3701.361 of the Revised Code ; (3) Identify national organizations that have established standards of practice and best

practice models for palliative care; (4) Identify initiatives established at the national and state levels aimed at integrating

palliative care into the health care system and enhancing the use and development

of palliative care; (5) Establish guidelines for health care facilities and providers to use under section 3701.362 of the Revised Code in identifying patients and residents who could benefit from palliative care; (6) On or before December 31 of each year, prepare and submit to the governor, general

assembly, director of health, director of aging, superintendent of insurance, and

medicaid director a report of recommendations for improving the provision of palliative

care in this state. The council shall submit the report to the general assembly in accordance with section 101.68 of the Revised Code . (F) The department of health shall provide to the council the administrative support

necessary to execute its duties.  At the request of the council, the department shall examine potential sources of

funding to assist with any duties described in this section or sections 3701.361 and 3701.362 of the Revised Code . (G) The council is not subject to sections 101.82 to 101.87 of the Revised Code .