Advocacy Updates

State Budget – Introduced
The start of each General Assembly begins with the governor’s introduction of the state’s biennial budget bill. This General Assembly, the budget bill is House Bill 96, which was introduced earlier this month. The House is the first of the two chambers to hold hearings and make changes to the governor’s proposal. Once the House passes its version of House Bill 96, the bill will then be considered by the Ohio Senate, which is also expected to make additional changes. The budget process will conclude with a conference committee in June, where the two chambers will come together with the governor to craft a final bill for enactment.

With Governor DeWine in the final two years of his governorship, this budget presents an opportunity for him to advocate for and cement his top priorities, leaving behind a legacy. These priorities include children’s initiatives, such as his student wellness and success funds, as well as a fair school funding formula. A topic certain to spark significant debate is funding for Medicaid. With federal changes and funding in flux, it remains unclear how this debate will unfold in the coming months. We are likely to witness some reduction in coverage for “Group VII,” which refers to the Medicaid expansion population. Additionally, Ohio is seeking a federal waiver to implement work requirements for Medicaid.

Higher Education Overhaul Passes Senate
Senator Jerry Cirino has reintroduced legislation to overhaul Higher Education, Senate Bill 1. Representative Tom Young introduced a companion bill, House Bill 6. Cirino had championed SB 83 in the previous General Assembly, which ultimately stalled in the House. The bill walks back some of the changes made to SB 83 in an attempt to reach consensus. Notable changes include SB 1 containing a provision that was removed in the last General Assembly, banning all union employees employed by a public institution from striking. Additionally, SB 1 includes a total ban on any DEI initiatives, except where compliance with state and federal law is required. Senator Cirino also emphasized that there will be a post-tenure review for all faculty, as well as annual performance reviews. Another significant change is that trustee term limits have been reduced to 6 years from the current 9-year term, alongside trustee training and exposure to be formulated by the Chancellor of Higher Education.

Senate Bill 1 has already passed the Ohio Senate with a vote of 21-11. The bill received in-person opponent testimony from over 200 individuals and over 800 opponent written testimonies.

Non-Compete Legislation Reintroduced
Senate Bill 11 has been reintroduced by Senators Louis Blessing (R-Colerain Township) and William DeMora (D-Columbus). This legislation would broadly prohibit noncompete agreements between employers and workers. Under the bill, no employer would be permitted to enter into or attempt to enter into a noncompete agreement with an employee, including presenting a noncompete agreement as a condition of hire. Employers would also be barred from actions such as:
     ● Restricting workers from working for other employers for a specific period, in a particular geographical area, or in a similar capacity
     ● Mandating workers to pay back lost profits, lost goodwill, or liquidated damages resulting from the termination of the work relationship
     ● Imposing a fee for replacement hires, retraining, reimbursement of immigration or visa-related costs, bonding, or covering the costs of training, evaluation, or orientation.

SB 11 would extend these protections to employees, independent contractors, externs, interns, volunteers, apprentices, sole proprietors providing services to clients, and individuals offering services through businesses, nonprofit organizations, or associations.

The legislation will be considered by the Senate Judiciary Committee.

Off-Label Drug Bill Reintroduced
Legislation introduced by Representatives Jennifer Gross and DJ Swearingen would require the dispensing and administration of off-label use of drugs. House Bill 12 is similar to House Bill 73, which failed to pass in the last General Assembly due to disagreements between the House and Senate. A portion of HB 12 regarding “medical free speech” was sent to the Governor in December as part of a larger package of proposals, but the Governor exercised his veto authority. The proposal originally responded to COVID patients’ desire to use drugs not approved for the treatment of the virus. The bill would require pharmacists to dispense the drugs or make accommodations for off-label drugs to be dispensed and administered. If that care is not recommended by the attending provider, the patient would have the right to receive the treatment from another provider anyway.

Ohio ACEP opposed the legislation in the last General Assembly.

EMS Bill Would Create Penalties for Harassment
Representatives Thomas Hall and Phil Plummer have introduced House Bill 20, which aims to criminalize the harassment of EMS providers. The bill classifies harassment as a misdemeanor in the first degree if the offender disregards warnings to keep their distance or fails to maintain a safe distance (within 14 feet). Additionally, the bill includes probation officers within the definition of an emergency service responder.

CRNA Legislation Introduced
Legislation regarding the scope practice of certified registered nurse anesthetists (CRNA) has been introduced by freshman legislator Representative Kellie Deeter, herself a CRNA. House Bill 52 removes supervision requirements for CRNAs to administer anesthesia, order drugs, and perform other clinical tasks. Instead, under the bill, they would do these things in consultation with a physician, dentist, or podiatrist. As with other efforts to expand the scope of practice for CRNAs, action on this bill will be led by the Ohio Society of Anesthesiologists and the OSMA.

“Conscientious Right to Refuse Act” Introduced
Representatives Jennifer Gross and Beth Lear have introduced House Bill 112, regarding protections for employees, students, and others who refuse medical interventions including vaccines. It would generally prohibit discrimination based on someone’s vaccination status. This includes hospitals, nursing homes and businesses. Under the bill, unvaccinated individuals, or individuals that refuse any medical interventions covered by it, cannot be treated any differently than those who have been vaccinated or received certain medical interventions. Entities that do not comply with the bill's provisions may face civil penalties. In addition to vaccines, the bill prohibits requiring employees and patrons to wear masks. Furthermore, the bill forbids denying services to individuals based on their vaccine status, willingness to wear a facial covering, or other provisions.

Want to Learn More?
If you’re interested in viewing the status of all of the bills Ohio ACEP is tracking, you can find that here.