As Introduced

136th General Assembly

Regular Session H. B. No. 566

2025-2026

To amend section 3727.08; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3727.08 (3722.15); and to enact sections 3701.0413, 3702.20, and 5119.335 of the Revised Code to require the Director of Health, hospitals, and urgent care facilities to create domestic violence protocols for certain health care professionals and to name this act the Break the Silence Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3727.08 be amended; section 3727.08 (3722.15) be amended for the purpose of adopting a new section number as indicated in parentheses; and sections 3701.0413, 3702.20, and 5119.335 of the Revised Code be enacted to read as follows:

Sec. 3701.0413. (A) As used in this section:

(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

(2) "Health care professional" means the following:

(a) A physician licensed under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(b) A physician assistant licensed under Chapter 4730. of the Revised Code;

(c) A clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife licensed under Chapter 4723. of the Revised Code;

(d) A certified mental health assistant licensed under Chapter 4772. of the Revised Code;

(e) Any health care worker performing initial patient assessments at a hospital or urgent care facility, including:

(i) A registered nurse or licensed practical nurse licensed under Chapter 4723. of the Revised Code;

(ii) A nurse aide;

(iii) A medical assistant;

(iv) Any other health care worker performing initial patient assessments.

(3) "Hospital" means a hospital licensed under Chapter 3722. of the Revised Code or a hospital licensed under section 5119.33 of the Revised Code to receive persons with mental illnesses.

(4) "Urgent care facility" means a facility where ambulatory care is provided outside a hospital emergency department and is available on a walk-in, non-appointment basis. "Urgent care facility" does not include a primary care provider.

(B) The director of health shall develop protocols for health care professionals to follow when a health care professional knows or has reasonable cause to believe that a patient has been the victim of domestic violence. The protocols shall include guidance regarding the following:

(1) Identifying, as part of a medical screening, patients who are victims of domestic violence;

(2) Conducting an interview with the patient;

(3) Conducting one or more interviews, separate and apart from the interview with the patient, with any family or household member present;

(4) Documenting patient injuries or illnesses attributable to domestic violence in a patient's medical record, including creating a photographic record of the patient's injuries whenever possible;

(5) Providing to patients who exhibit signs of domestic violence victimization a current referral list of private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of individuals experiencing domestic violence, including hotlines, local domestic violence shelter-based programs, legal services, and information about temporary restraining orders.

(C) Within one year after the effective date of this section, the director, or an organization contracted by the director through a competitive bidding process, shall offer training to health care professionals in hospitals and urgent care facilities on how to recognize domestic violence and provide support to victims of domestic violence. The training shall cover the protocols established pursuant to division (B) of this section.

(D) An organization contracted to provide training shall have the following:

(1) Experience in the development and delivery of standardized curriculum for health care professionals regarding screening for domestic violence and supporting victims of domestic violence;

(2) Established relationships with private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of individuals experiencing domestic violence;

(3) A history of leadership and collaboration with state and local domestic violence victim advocacy organizations;

(4) The capacity to provide training on the scale required.

(E) The director or the contracted organization shall make the training developed pursuant to division (C) of this section available to health care professionals at hospitals and urgent care facilities throughout the state.

(F) When developing the protocols pursuant to division (B) of this section, the director shall incorporate guidelines developed by the American medical association, American hospital association, hospital accreditation organizations, or the successor organizations of any of the foregoing regarding domestic violence detection and referral.

(G) The director shall adopt rules as necessary to implement this section and may include rules determining how frequently health care professionals at hospitals and urgent care facilities must receive domestic violence training.

Sec. 3702.20. (A) As used in this section:

(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

(2) "Health care professional" and "urgent care facility" have the same meanings as in section 3701.0413 of the Revised Code.

(B) Not later than ninety days after the effective date of this section, each urgent care facility shall adopt protocols for conducting an interview with a patient when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating a photographic record of the patient's injuries whenever possible.

(C) When adopting the protocols required under division (B) of this section, an urgent care facility may utilize the protocols established by the department of health pursuant to section 3701.0413 of the Revised Code.

Sec. ~~3727.08~~ 3722.15. (A) As used in this section:

(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

(2) "Health care professional" has the same meaning as in section 3701.0413 of the Revised Code.

(B) Not later than ninety days after the effective date of this section, every hospital licensed under this chapter shall adopt protocols ~~providing~~ for conducting an interview with ~~the~~ a patient, when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present,; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating ~~whenever possible~~ a photographic record of the patient's injuries, in situations in which a doctor of medicine or osteopathic medicine, hospital intern or resident, or registered, advanced practice registered, or licensed practical nurse knows or has reasonable cause to believe that the patient has been the victim of domestic violence, as defined in section 3113.31 of the Revised Codewhenever possible.

(C) When adopting the protocols required under division (B) of this section, a hospital may utilize the protocols established by the department of health pursuant to section 3701.0413 of the Revised Code.

Sec. 5119.335. (A) As used in this section:

(1) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.

(2) "Health care professional" has the same meaning as in section 3701.0413 of the Revised Code.

(B) Not later than ninety days after the effective date of this section, each hospital licensed under section 5119.33 of the Revised Code shall adopt protocols for conducting an interview with a patient when a health care professional knows or has reasonable cause to believe that the patient has been the victim of domestic violence; for conducting one or more interviews in those circumstances, separate and apart from the interview with the patient, with any family or household member present; and for documenting patient injuries or illnesses attributable to domestic violence in the patient's medical record, including creating a photographic record of the patient's injuries whenever possible.

(C) When developing the protocols required under division (B) of this section, a hospital may utilize the protocols established by the department of health pursuant to section 3701.0413 of the Revised Code.

Section 2. That existing section 3727.08 of the Revised Code is hereby repealed.

Section 3. This act shall be known as the Break the Silence Act.