(A) Unless exempted under paragraph (B) or
(C) of this rule, the director of health shall charge a fee for each laboratory
specimen or sample submitted according to the schedule in rule
3701-49-01.1 of the
Administrative Code.
(B) The
charging of fees for the following laboratory tests would significantly and
adversely affect the public health and the fees shall not be charged for:
(1) Laboratory tests authorized by the
director of health as part of an epidemiological investigation supervised by
the department of health.
(2)
Laboratory tests on specimens or samples submitted by the health commissioner
of any city or general health district as part of an epidemiological
investigation if the director of health determines that the charging of a fee
would significantly and adversely affect the public health and prior
arrangements are made with the director to make the tests.
(3) Viral isolations and serologies
for influenza and vector-borne encephalitis.
(4) Gonorrhea specimens generated by
any venereal disease clinic recognized by the director of
health.
(5)
(3) Specimens from
food handlers involved in any food operation except in a private home, if the
food handler is suspected of being infected with any disease.
(6)
(4)
Specimens for salmonellosis, shigellosis, amebiasis or other enteric disease
from individuals who are contacts with individuals suspected of having these
diseases. This exemption shall be limited to one diagnostic specimen and shall
not include repeat tests.
(7)
(5) Cultures received
from other clinical laboratories in Ohio for
identification, grouping or typing.
(8)
(6) Rabies
examinations of animals involving possible human or animal exposure, or having
symptoms suspicious of rabies but excluding rabies examinations of pet rodents
or of rabbits, chipmunks, squirrels,
voles,
shrews, mice and rats
unless specifically
exempted by the public health veterinarian.
(9) The following
hereditary-metabolic disease-screening specimens for infants:
(a) Metabolic screening retests
which are ordered by the Ohio department of health laboratory when the initial
test results on the infant are suspicious or abnormal or in early discharges
when the specimen is taken less than forty-eight hours after birth, as
specified in rule 3701-45-01 of the Administrative Code.
(b)
(7)
Genetic, endocrine, and
metabolicMetabolic
testing of newborn infant screening
tests
kits
which are
submitted
ordered by local health departments for newborns
delivered at home.
(c) Metabolic screening tests which
are performed on infants whose parents are unable to pay for the tests upon
certification to that effect by the hospital or the attending physician or
midwife.
(d) Phenylketonuria monitor
specimens for cases identified by screening and for which follow-up forms have
been filed with the department of health laboratory. This exemption shall apply
only to specimens from persons under twenty-one years of age.
(8)
Testing of environmental biothreat/bioterrorism samples
submitted by a law enforcement or local public health agency as part of a
biothreat/bioterrorism investigation. This exemption will not be applicable
when a court determines restitution by an individual(s) responsible for the
biothreat/bioterrorism event is required.
(10)
(9) Other tests
relative to which the director determines, on a case-by-case basis, that the
charging of a fee would significantly and adversely affect the public health.
In such a case, the director may exempt the test from the fee for a period of
one hundred twenty days.
(C) Tests on the following laboratory
specimens also shall be exempted from the fees required by this chapter:
(1) Tests on specimens or samples submitted
by any employee or unit of the department of health as part of any official
responsibility of the employee or unit for the department when prior
arrangements are made with the department of health laboratory.
(2) Tests which are being charged for under a
contract negotiated between the department and any party or are funded by the
department through a grant or other financial arrangement.
(3) Tests performed by the department of
health laboratory which are specifically exempted by any statute
or by any rule of the public health council
from a fee charged by the department.
(4) Tests on second or additional specimens
which are required by the department of health laboratory because of the
inability to make or complete the test or because the testing operation or
procedure is unsatisfactory for any reason.
(5) Tests for which funds are included in
appropriations to the department of health to pay the costs of the tests in
lieu of charging laboratory test fees.
(6) Tests on any specimen or sample in
connection with any enforcement action already filed or for which filing is
imminent or for any administrative hearing or court proceeding for the
enforcement of any rule of the department of health required by section
3701.56 of the Revised Code or
any other provision of law, if prior arrangements are made with the director of
health to make the tests.
Notes
Ohio Admin. Code
3701-49-01
Effective:
6/13/2019
Five Year Review (FYR) Dates:
10/5/2018 and
06/03/2024
Promulgated
Under: 119.03
Statutory
Authority: 3701.221
Rule
Amplifies: 3701.501,
3701.221
Prior
Effective Dates: 08/15/1981, 05/20/1982, 10/01/1982, 10/31/1983, 08/01/1985,
04/07/1989, 03/28/2011