2006 Ohio Revised Code - 3793.02. Duties of department of alcohol and drug addiction services.

§ 3793.02. Duties of department of alcohol and drug addiction services.
 

(A)  The department of alcohol and drug addiction services shall promote, assist in developing, and coordinate or conduct programs of education and research for the prevention of alcohol and drug addiction, the prevention of gambling addiction, the treatment, including intervention, of alcoholics and persons who abuse drugs of abuse, including anabolic steroids, and the treatment, including intervention, of persons with gambling addictions. Programs established by the department shall include abstinence-based prevention and treatment programs. 

(B)  In addition to the other duties prescribed by this chapter, the department shall do all of the following: 

(1) Promote and coordinate efforts in the provision of alcohol and drug addiction services and of gambling addiction services by other state agencies, as defined in section 1.60 of the Revised Code; courts; hospitals; clinics; physicians in private practice; public health authorities; boards of alcohol, drug addiction, and mental health services; alcohol and drug addiction programs; law enforcement agencies; gambling addiction programs; and related groups; 

(2) Provide for education and training in prevention, diagnosis, treatment, and control of alcohol and drug addiction and of gambling addiction for medical students, physicians, nurses, social workers, professional counselors, psychologists, and other persons who provide alcohol and drug addiction services or gambling addiction services; 

(3) Provide training and consultation for persons who supervise alcohol and drug addiction programs and facilities or gambling addiction programs and facilities; 

(4) Develop measures for evaluating the effectiveness of alcohol and drug addiction services, including services that use methadone treatment, and of gambling addiction services, and for increasing the accountability of alcohol and drug addiction programs and of gambling addiction programs; 

(5) Provide to each court of record, and biennially update, a list of the treatment and education programs within that court's jurisdiction that the court may require an offender, sentenced pursuant to section 4511.19 of the Revised Code, to attend; 

(6) Print and distribute the warning sign described in sections 3313.752 [3313.75.2], 3345.41, and 3707.50 of the Revised Code; 

(7) Provide a program of gambling addiction services on behalf of the state lottery commission, pursuant to an agreement entered into with the director of the commission under division (K) of section 3770.02 of the Revised Code. 

(C)  The department may accept and administer grants from public or private sources for carrying out any of the duties enumerated in this section. 

(D)  Pursuant to Chapter 119. of the Revised Code, the department shall adopt a rule defining the term "intervention" as it is used in this chapter in connection with alcohol and drug addiction services and in connection with gambling addiction services. The department may adopt other rules as necessary to implement the requirements of this chapter. 
 

HISTORY: 143 v H 317 (Eff 10-10-89); 144 v H 62. Eff 5-21-91; 149 v S 123, § 1, eff. 1-1-04; 150 v H 477, § 1, eff. 3-23-05.
 

The provisions of § 3 of H.B. 477 (150 v  - ) read as follows: 

SECTION 3. (A) Except as otherwise provided in division (B) of this section, upon the taking effect of this section, any business commenced but not completed by the State Lottery Commission or the Director of the Commission with respect to agreements to assist organizations that deal with problem gambling shall be completed by the Department of Alcohol and Drug Addiction Services or the Director of Alcohol and Drug Addiction Services as if completed by the Commission or the Director of the Commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section, and that validation, cure, right, privilege, remedy, obligation, or liability shall be administered by the Department. All of the Commission's rules, orders, and determinations with respect to agreements to assist organizations that deal with problem gambling continue in effect as rules, orders, and determinations of the Department, until modified or rescinded by the Department. 

Whenever the Commission or the Director of the Commission is referred to in any law, contract, or other document with respect to agreements to assist organizations that deal with problem gambling, the reference shall be deemed to refer to the Department or the Director of Alcohol and Drug Addiction Services, whichever is appropriate. 

No action or proceeding with respect to agreements to assist organizations that deal with problem gambling that is pending on the effective date of this act is affected by the transfer, and that action or proceeding shall be prosecuted or defended in the name of the Department or the Director of Alcohol and Drug Addiction Services. In all such actions and proceedings, the Department or the Director of Alcohol and Drug Addiction Services upon application to the court shall be substituted as a party. 

(B) The Commission shall pay any costs the Department incurs pursuant to agreements to assist organizations that deal with problem gambling that are transferred to the Department under division (A) of this section. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

 

Effect of Amendments

150 v H 477, effective March 23, 2005, added provisions dealing with gambling addiction programs and services. 

S.B. 123, Acts 2002, effective January 1, 2004, in (B)(5), deleted "division (A) of" preceding "section 4511.19" and substituted "4511.19" for "4511.99." 

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