Ohio § 5502.522

§ 5502.522.

(A) There is hereby created the statewide emergency alert program to aid in the identification

and location of any individual who has a mental impairment, has autism spectrum disorder

or another developmental disability, or is sixty-five years of age or older, who is

or is believed to be a temporary or permanent resident of this state, is at a location

that cannot be determined by an individual familiar with the missing individual, and

is incapable of returning to the missing individual's residence without assistance,

and whose disappearance, as determined by a law enforcement agency, poses a credible

threat of immediate danger of serious bodily harm or death to the missing individual.  The program shall be a coordinated effort among the governor's office, the department

of public safety, the attorney general, law enforcement agencies, the state's public

and commercial television and radio broadcasters, and others as determined necessary

by the governor.  No name shall be given to the program created under this division that conflicts

with any alert code standards that are required by federal law and that govern the

naming of emergency alert programs. (B) The statewide emergency alert program shall not be implemented unless all of the

following activation criteria are met: (1) The local investigating law enforcement agency confirms that the individual is missing. (2) The individual meets at least one of the following criteria: (a) Is sixty-five years of age or older; (b) Has a mental impairment; (c) Has either autism spectrum disorder or another developmental disability. (3) The disappearance of the individual poses a credible threat of immediate danger of

serious bodily harm or death to the individual. (4) There is sufficient descriptive information about the individual and the circumstances

surrounding the individual's disappearance to indicate that activation of the alert

will help locate the individual. (C) Nothing in division (B) of this section prevents the activation of a local or regional

emergency alert program that may impose different criteria for the activation of a

local or regional plan. (D) Any radio broadcast station, television broadcast station, or cable system participating

in the statewide emergency alert program or in any local or regional emergency alert

program, and any director, officer, employee, or agent of any station or system participating

in either type of alert program, shall not be liable to any person for damages for

any loss allegedly caused by or resulting from the station's or system's broadcast

or cablecast of, or failure to broadcast or cablecast, any information pursuant to

the statewide emergency alert program or the local or regional emergency alert program. (E) A local investigating law enforcement agency shall not be required to notify the

statewide emergency alert program that the law enforcement agency has received information

that meets the activation criteria set forth in division (B) of this section during

the first twenty-four hours after the law enforcement agency receives the information. (F) Nothing in this section shall be construed to authorize the use of the federal emergency

alert system unless otherwise authorized by federal law. (G) As used in this section: (1) “Autism spectrum disorder” has the same meaning as in section 1751.84 of the Revised Code . (2) “Cable system” has the same meaning as in section 2913.04 of the Revised Code . (3) “Developmental disability” has the same meaning as in section 5123.01 of the Revised Code . (4) “ Law enforcement agency ” includes, but is not limited to, a county sheriff's office, the office of a village

marshal, a police department of a municipal corporation, a police force of a regional

transit authority, a police force of a metropolitan housing authority, the state highway

patrol, a state university law enforcement agency, the office of a township police

constable, and the police department of a township or joint police district. (5) “ Mental impairment ” means a substantial disorder of thought, mood, perception, orientation, or memory

that grossly impairs judgment, behavior, or ability to live independently or provide

self-care as certified by one of the following:  a licensed physician, including a

physician who is a psychiatrist;  a licensed psychiatric-mental health advanced practice

registered nurse, as defined in section 5122.01 of the Revised Code ;  or a licensed psychologist.