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Section 7692, G. C., as Amended: A Board of Education of a School
District May Appoint a School Physician to Perform the Duties Required Under Section 7692-1, G. C.-In its Discretion Said Board May Employ a Trained Nurse to Aid Said Appointed Physician: Or— The Board May Delegate Such Duties to the Board of Health (or Officer Performing Board of Health Functions) Provided Said Board or Officer is Willing to Perform the Duties Prescribed— The Delegated Board or Officer May Appoint Said Physician and Said Nurse, if Either Determine That the Same is Necessary.
No. 893—(Opinion Dated October 5, 1915) Hon. Allen T. Williamson, Prosecuting Attorney, Marietta, Ohio.
Dear Sir: I have your letter of September 24, which is as follows:
"The board of education in several of the school districts in this county have had under consideration the question of appointing a trained nurse who should supervise and inspect the sanitary condition of the school buildings, and aid in the inspection of the health of the pupils. The question has been referred to me and I am inclined to advise that a board of education has the power to employ and pay a trained nurse for the above purposes. The sections of the General Code which seem to give authority to appoint school physicians and nurses are found amended and supplemented in Vol. 103 at page 897 and are the General Code numbers, 7692 to 7693, both inclusive. According to Section 7692 the powers therein delegated by the board of education may be redelegated by the board to the board of health exercising jurisdiction as such within the school district, and would seem to broaden the powers of the board of health in the respect of employing a nurse. However, I am in receipt of a copy of your opinion rendered to the state board of health under date of May 13, 1915, and published in Department Reports in the issue of June 3, which would seem to deny authority in the board of health to employ a nurse. In the opinion you refer to a communication from Mr. James E. Bauman, and it may be that he cited you to the above sections, and that you had them before you when rendering the opinion. In the light of the sections which I have cited I would be pleased to have your opinion on the authority of both the board of education and the board of health, acting under these sections, to employ and pay a trained nurse.”
Under Section 7692, G. C., prior to its amendment in 103 0. L., 897, the authority to provide for the medical inspection of pupils at
tending public schools was limited to boards of education of city school districts. This section as amended now provides:
“Each and every board of education in this state may appoint at least one school physician; provided two or more school districts may unite and employ one such physician, whose duties shall be such as are prescribed in this act. Said school physician shall hold a license to practice medicine in Ohio. School physicians may be discharged at any time by the appointing power whether the same be a board of education or of health or health officer, as herein provided. School physicians shall serve one year and until their successors are appointed, and shall receive such compensation as the appointing board may determine. Such boards may also employ trained nurses to aid in such inspection in such ways as may be prescribed by the board. Such board may delegate the duties and powers herein provided for to the board of health or officer performing the functions of a board of health within the school district if such board or officer is willing to assume the same. Boards of education shall co-operate with boards of health in the preventing of epidemics."
The duties of the school physician are prescribed by the provisions of Section 7692-1, G. C., as found in 103 0. L., 897. This section reads as follows:
"School physicians may make examinations and diagnosis of all children referred to them at the beginning of every school year and at other times if deemed desirable. They may make such further examination of teachers, janitors, and school buildings as in their opinion the protection of health of the pupils and teachers may require. Whenever a school child, teacher or janitor is found to be ill or suffering from positive open pulmonary tuberculosis or other contagious disease, the school physician shall promptly send such child, teacher, or janitor home, with a note, in the case of the child, to its parents or guardian, briefly setting forth the discovered facts, and advising that the family physician be consulted. School physicians shall keep accurate card index records of all examinations, and said records, that they may be uniform throughout the state, shall be according to the form prescribed by the state school commissioner, and the reports shall be made according to the method of said form; provided, however, that if the parent or guardian of any school child or any teacher or janitor after notice from the board of education shall within two weeks thereafter furnish the written certificate of any reputable physician that the child, or teacher or janitor has been examined, in such cases the services of the medical inspector herein provided for shall be dispensed with, and such certificate shall be furnished by such parent or guardian from
time to time, as required by the board of education. Such individual records shall not be open to the public and shall be solely for the use of the boards of education and health or other health officer. If any teacher or janitor is found to have positive open pulmonary tuberculosis or other communicable disease, his or her employment shall be discontinued upon expiration of the contract therefor, or, at the option of the board, suspended upon such terms as to salary as the board may deem just until the school physician shall have certified to a recovery from such disease.'
Section 7692-2, G. C., 103 0. L., 898, provides for the publication of rules by the state school commissioner (now the superintendent of public instruction) and the state board of health acting jointly, for the detailed enforcement of the requirements of the statute above set forth, and Section 7692-4, G. C., makes it the duty of each board of education by affidavit of an officer thereof or otherwise to prove to the superintendent of public instruction that it has complied with said requirements.
In view of the foregoing provisions of the statutes it seems clear that it is the duty of each board of education to provide for the inspection and examinations authorized by Section 7692-1, G. C. For this purpose said board is authorized by the provision of Section 7692, G. C., as amended, to employ a school physician having the qualifications therein prescribed, or the boards of education of two or more school districts may unite for the purpose of employing such physician.
Said board of education, or union of boards as the case may be, may in its descreption employ a trained nurse to aid in such inspection in such ways as may be prescribed by said board or union of boards.
In case the board of education of a school district delegates the duties and powers conferred upon it by provision of said statute to the board of health or officer performing the functions of a board of health within such school district, providing such board or officer is willing to assume said duties and powers, said board of health or health officer will have the same authority by virtue of such delegation to appoint a school physician and employ a trained nurse as is conferred by provision of said statute on said board of education.
Under provision of Section 7693, G. C., as amended in 103 O. L., 898, the board of education of any school district may provide and pay compensation to the employes of the board of health in addition to that provided by the city, township or other municipality.
As I view it the provisions of Section 7692, G. C., as amended, contemplate the employment of a trained nurse only when such employment is necessary to enable the school physician, appointed under authority of said section, to properly perform the duties required of him by the provisions of Section 7692-1, G. C.
The question raised in the opinion to the state board of health, referred to in your inquiry, was as to whether or not the board of health of a city has the authority to employ a public health nurse and whether the council of such city has the authority to appropriate to said board of health the funds to pay the compensation and expenses of such nurse. In that opinion it was held that there is no authority on the part of a city council to appropriate to the city board of health the funds necessary to pay such compensation and expenses and that there is no authority on the part of said board of health to employ a public nurse except that contained in Section 4436 of the General Code which authorizes the employment of a nurse for the purpose of giving attention to persons in quarantine. In arriving at this conclusion the above provisions of Section 7692, G. C., as amended, were not considered material for the reason that it could not be said that said statute authorizes the employment of a public nurse for the performance of those duties contemplated by the state board of health in its request for said opinion,
Replying to your question I am of the opinion that the board of education of a school district may, under authority of Section 7692, G. C., as amended, appoint a school physician to perform the duties required by the provisions of Section 7692-1, G. C., and in its discretion said board may employ a trained nurse to aid in the performance of said duties or said board may delegate said duties to the board of health or officer performing the functions of a board of health within said school district, providing said board or officer is willing to assume the same, together with the power to appoint said school physician and to employ said trained nurse if said board or officer determine that the same is necessary for the proper discharge of the aforesaid duties.
Under Section 12819, G. C., as. Amended 103, 0. L., 553, Deputy
Game Wardens Are Specially Appointed Police Officers; They Must Give Bond in One Thousand Dollars Before Being Entitled to the Protection of the Statute- In the Absence of Such Bond They Are Subject to All the Penalties of the Law.
No. 884—(Opinion Dated October 4, 1915) Hon. Henry W. Cherrington, Prosecuting Attorney, Gallipolis, Ohio. Dear Sir: I have your letter of September 28, 1915, as follows:
"Under Section 1395, of the General Code, has a deputy state game warden a right to carry concealed weapons ? The section of the statute defining the offense of carrying concealed weapons does not give a game warden the right to carry a concealed pistol or any other weapon. Our local deputy game warden claims that the chief game warden advised him that he had the right to carry a concealed weapon by virtue of Section 1395, or some other section in the game law."
Before answering your specific question it will be necessary to refer to the general statute against carrying concealed weapons in this state, being Section 12819, G. C., as amended 103 0, L., 553, which is as follows:
"Whoever carries a pistol, bowie knife, dirk, or other dangerous weapon concealed on or about his person shall be fined not to exceed five hundred dollars, or imprisoned in the penitentiary not less than one year nor more than three years. Provided, however that this act shall not affect the right of sheriffs, regularly appointed police officers of incorporated cities and villages, regularly elected constables, and special officers as provided by Sections 2833, 4373, 10070, 10108 and 12857 of the General Code to go armed when on duty. Provided, further, that it shall be lawful for deputy sheriffs and specially appointed police officers, except as are appointed or called into service by virtue of the authority of said Sections 2833, 4373, 10070, 10108 and 12857 of the General Code, to go armed if they first give bond to the state of Ohio, to be approved by the clerk of the court of common pleas, in the sum of one thousand dollars, conditioned to save the public harmless by reason of any unlawful use of such weapons carried by them; and any person injured by such improper use may have recourse on said bond.”
This statute is specific in its terms and protects only the officers or persons named therein and all officers and persons not named or included within its provisions are amenable to its penalties unless their act is justified by the provisions of Section 13693, G. C. As you state in your letter, game wardens are not specifically