HB 758 — Regards SUDEP, epilepsy license designation, disability database

As ReportedPassed by the House Community Revitalization Committee 136th General Assembly Regular Session Am.

Representatives Thomas, D., White, A., Deeter, Ray, Abrams, Piccolantonio, Sigrist, Lett, Glassburn, Russo, Sims, Rader, SynenbergSynenberg, Baker, Brennan, Brent, Brewer, Brownlee, Bryant Bailey, Click, Daniels, Dovilla, Ghanbari, Grim, Humphrey, Isaacsohn, John, Lawson-Rowe, Miller, J., Mohamed, Robinson, Somani, Tims, Upchurch, White, E., Williams, Willis, Young To amend sections 3304.23, 4507.06, 4507.13, 1 4507.51, and 4507.52 and to enact sections 2 313.133, 3701.1311, and 3705.081 of the Revised 3 Code regarding sudden unexpected death in 4 epilepsy and to allow a person with epilepsy to 5 enroll in the Disability Database and have an 6 epilepsy designation on the person's driver's 7 license or state ID.

14 (B) If the coroner, deputy coroner, or pathologist is 15 informed that an individual who is the subject of an autopsy had 16 epilepsyAm. or a history of seizures, the autopsy shall include an 17 investigation and determination as to whether the individual 18 suffered a sudden unexpected death in epilepsy.

19 Am.

758 Page 2 As ReportedPassed by the House Communityepilepsy Revitalizationor Committeea (C)history Ifof seizures, the coroner,autopsy deputyshall coroner,include oran pathologist17 20investigation determinesand thatdetermination anas to whether the individual did18 suffersuffered a sudden unexpected 21 death in epilepsy,epilepsy. the coroner, deputy coroner, or pathologist 22 shall do both of the following:

19 (C) If the coroner, deputy coroner, or pathologist 20 determines that an individual did suffer a sudden unexpected 21 death in epilepsy, the coroner, deputy coroner, or pathologist 22 shall do both of the following:

42 (4) "Physician" means a person licensed to practice 43 medicine or surgery or osteopathic medicine and surgery under 44 ChapterAm. 4731.

of the Revised Code.

45 (5) "Psychiatrist" has the same meaning as in section 46 5122.01 of the Revised Code.

47 Am.

758 Page 3 As ReportedPassed by the House CommunityChapter Revitalization4731. Committee (6) "Psychologist" has the same meaning as in section 48 4732.01 of the Revised Code.

of the Revised Code.

45 (5) "Psychiatrist" has the same meaning as in section 46 5122.01 of the Revised Code.

47 (6) "Psychologist" has the same meaning as in section 48 4732.01 of the Revised Code.

70 (7) The license plate number of each vehicle owned, 71 operated,Am. or regularly occupied by the person diagnosed with a 72 disability or registered in that person's name;

73 (8) A certification that the person has been diagnosed 74 Am.

758 Page 4 As ReportedPassed by the House Communityoperated, Revitalizationor Committeeregularly withoccupied a disability, signed by athe psychiatristperson ordiagnosed otherwith physician, 75 a psychologist,72 adisability clinical nurse specialist, or aregistered certifiedin 76that nurseperson's practitioner;name;

73 (8) A certification that the person has been diagnosed 74 with a disability, signed by a psychiatrist or other physician, 75 a psychologist, a clinical nurse specialist, or a certified 76 nurse practitioner;

98 (2) The opportunities for Ohioans with disabilities agency 99 and the department of developmental disabilities shall conduct 100 public outreach concerning the existence of the database created 101 under section 5502.08 of the Revised Code and include 102 Am.

758 Page 5 As ReportedPassed by the House Community(2) RevitalizationThe Committeeopportunities for Ohioans with disabilities agency 99 and the department of developmental disabilities shall conduct 100 public outreach concerning the existence of the database created 101 under section 5502.08 of the Revised Code and include 102 information regarding the database on their respective web 103 sites.

127 (1)Am. Convulsive seizures;

128 (2) The frequency and recency of seizures;

129 Am.

758 Page 6 As ReportedPassed by the House Community(1) RevitalizationConvulsive Committeeseizures; (3) Whether symptoms may subside in response to medicinal 130 or surgical treatment.

128 (2) The frequency and recency of seizures;

129 (3) Whether symptoms may subside in response to medicinal 130 or surgical treatment.

152 (E) The director of health shall conduct outreach to the 153 American medical association to recommend adding a current 154 procedural terminology code for epilepsy education and 155 counseling provided by a health care professional to a patient 156 diagnosedAm. with epilepsy.

157 (F)(1) Except in cases of intentional, willful, wanton, or 158 Am.

758 Page 7 As ReportedPassed by the House Community Revitalization Committee reckless conduct, a health care professional who provides 159 treatment to a patient diagnosed with epilepsyepilepsy. is not liable for 160 an injury or death arising from sudden unexpected death in 161 epilepsy if the health care professional provides education and 162 counseling to a patient in accordance with this section and 163 maintains appropriate documentation concerning the education and 164 counseling provided.

157 (F)(1) Except in cases of intentional, willful, wanton, or 158 reckless conduct, a health care professional who provides 159 treatment to a patient diagnosed with epilepsy is not liable for 160 an injury or death arising from sudden unexpected death in 161 epilepsy if the health care professional provides education and 162 counseling to a patient in accordance with this section and 163 maintains appropriate documentation concerning the education and 164 counseling provided.

185 EveryAm. application shall state the following:

186 (a) The applicant's name, date of birth, social security 187 Am.

758 Page 8 As ReportedPassed by the House CommunityEvery Revitalizationapplication Committeeshall numberstate ifthe suchfollowing: has been assigned, sex, general description, 188 including height, weight, color of hair, and eyes, residence 189 address, including county of residence, duration of residence in 190 this state, and country of citizenship;

186 (a) The applicant's name, date of birth, social security 187 number if such has been assigned, sex, general description, 188 including height, weight, color of hair, and eyes, residence 189 address, including county of residence, duration of residence in 190 this state, and country of citizenship;

214 (e) If an applicant has not certified the applicant's 215 willingness to make an anatomical gift under section 2108.05 of 216 the Revised Code, whether the applicant wishes to certify 217 Am.

758 Page 9 As ReportedPassed by the House Community(e) RevitalizationIf Committeean applicant has not certified the applicant's 215 willingness to make an anatomical gift under section 2108.05 of 216 the Revised Code, whether the applicant wishes to certify 217 willingness to make such an anatomical gift, which shall be 218 given no consideration in the issuance of a license or 219 endorsement;

240 (B) The registrar or a deputy registrar, in accordance 241 with section 3503.11 of the Revised Code, shall register as an 242 elector any person who applies for a license or endorsement 243 under division (A) of this section, or for a renewal or 244 duplicateAm. of the license or endorsement, if the applicant is 245 eligible and wishes to be registered as an elector.

The decision 246 of an applicant whether to register as an elector shall be given 247 Am.

758 Page 10 As ReportedPassed by the House Communityduplicate Revitalizationof Committee no consideration in the decisionlicense ofor whetherendorsement, toif issue the 248 applicant ais license245 oreligible endorsement,and orwishes ato renewalbe orregistered duplicate.as an elector.

The decision 246 of an applicant whether to register as an elector shall be given 247 no consideration in the decision of whether to issue the 248 applicant a license or endorsement, or a renewal or duplicate.