OHIO Lawmakers OK provision protecting subjects of bioterrorism investigations

People need to know what's going on, a Cleveland legislator argued.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- The state would initially be able to withhold the identity of corporations being investigated in connection with public health epidemics under provisions in a bill to fight bioterrorism approved Wednesday by the Senate.
Backers of the provisions say identifying companies before all the facts are in could cause them unnecessary harm, particularly if they are not the source of the alleged health problem.
"It's about protecting the integrity of the investigation," said state Sen. Steve Stivers, a Columbus Republican involved in crafting the bill.
Jay Carey, a spokesman for the Ohio Department of Health, said the change is necessary.
"What we're seeking is the same type of protection on some of these records during the investigation period," said Carey, who likened the process to grand juries in criminal proceedings.
Grand jury proceedings are typically secret until an indictment is returned or an investigation is complete.
Opponents' view
Critics, however, were unmoved.
Democratic senators said that people need to know what's happening in times of epidemics.
"At least let people know what's going on in their communities," said state Sen. Eric D. Fingerhut, a Cleveland Democrat.
Senators tabled an amendment 19 to 14, offered by Fingerhut, that would have reversed the controversial provisions. Three Republicans joined all 11 Democrats to fight the tabling.
Stivers authored changes to the controversial provisions to try to allay concerns.
Under Stivers' changes, preliminary findings of health department probes would be released every six months to ensure there will be no perpetual investigations.
Summary statistical information would also be released, under the changes.
The bill, sponsored by state Rep. Jimmy Stewart, an Athens Republican, was approved by a 33-to-0 vote in the Senate. Later, the House went along with the Senate changes by an 89-to-2 margin.
Other provisions
The measure would help authorities analyze potential biological threats and permit the health department to buy and store vaccines and other drugs.
The measure would also require pharmacists to report consistent large purchases on antibiotics or other drugs used to treat fever and respiratory or gastrointestinal problems.
The bill would also authorize the state health department to collect information from hospitals about their preparedness for dealing with bioterrorism and also give the state health director discretion on what information might be released.
The bill now heads to the desk of Republican Gov. Bob Taft for his expected signature.