reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.072 | Biennial Participation in Quality Improvement Projects.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section:
(1) "Advance care planning" means providing an opportunity to discuss the goals that may be met through the care provided by a nursing home.
(2) "Overhead paging" means sending audible announcements through an electronic sound amplification and distribution system throughout part or all of a nursing home to staff, residents, residents' families, or others.
(B) Beginning July 1, 2013, each nursing home shall participate every two years in at least one of the quality improvement projects included on the list made available by the department of aging under the nursing home quality initiative established under section 173.60 of the Revised Code.
(C) Beginning July 1, 2015, each nursing home shall participate in advance care planning with each resident or the resident's sponsor if the resident is unable to participate. For each resident, the advance care planning shall be provided on admission to the nursing home or, in the case of an individual residing in a nursing home on July 1, 2015, as soon as practicable. Thereafter, for each resident, the advance care planning shall be provided quarterly each year.
(D) Beginning July 1, 2015, each nursing home shall prohibit the use of overhead paging within the nursing home, except that the nursing home may permit the use of overhead paging for matters of urgent public safety or urgent clinical operations. The nursing home shall develop a written policy regarding its use of overhead paging and make the policy available to staff, residents, and residents' families.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.09 | Local Regulations.

Effective:
July 21, 2000
Latest Legislation:
Senate Bill 178 - 123rd General Assembly
Sections 3721.02, 3721.03, 3721.04, 3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto are not applicable in political subdivisions which the director of health, by annual certification, determines have adopted and are enforcing their own standards which are equal to or greater in their requirements than those of sections 3721.02, 3721.03, 3721.04, 3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto. Officials of political subdivisions shall cooperate fully with the director and provide the director with information which the director finds necessary in order to make a determination.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.11 | Director to Adopt Rules.

Effective:
January 9, 1979
Latest Legislation:
House Bill 600 - 112th General Assembly
(A) The director of the department of health shall adopt rules under Chapter 119. of the Revised Code to govern procedures for the implementation of sections 3721.10 to 3721.17 of the Revised Code.
(B) The director may adopt, amend, and repeal substantive rules under Chapter 119. of the Revised Code defining with reasonable specificity acts that violate division (A) of section 3721.13 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.122 | Screening and Accommodations for Sex Offenders.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
Before an individual is admitted as a resident to a home, the home's administrator shall search for the individual's name in the internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code. If the search results identify the individual as a sex offender and the individual is admitted as a resident to the home, the administrator shall provide for the home to do all of the following:
(A) Develop a plan of care to protect the other residents' rights to a safe environment and to be free from abuse;
(B) Notify all of the home's other residents and their sponsors that a sex offender has been admitted as a resident to the home and include in the notice a description of the plan of care developed under division (A) of this section;
(C) Direct the individual in updating the individual's address under section 2950.05 of the Revised Code and, if the individual is unable to do so without assistance, provide the assistance the individual needs to update the individual's address under that section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.14 | Implementation of Residents' Rights.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
To assist in the implementation of the rights granted in division (A) of section 3721.13 of the Revised Code, each home shall provide:
(A) Appropriate staff training to implement each resident's rights under division (A) of section 3721.13 of the Revised Code, including, but not limited to, explaining:
(1) The resident's rights and the staff's responsibility in the implementation of the rights;
(2) The staff's obligation to provide all residents who have similar needs with comparable service.
(B) Arrangements for a resident's needed ancillary services;
(C) Protected areas outside the home for residents to enjoy outdoor activity, within the capacity of the facility, consistent with applicable laws and rules;
(D) Adequate indoor space, which need not be dedicated to that purpose, for families of residents to meet privately with families of other residents;
(E) Access to the following persons to enter the home during reasonable hours, except where such access would interfere with resident care or the privacy of residents:
(1) Employees of the department of health, department of mental health and addiction services, department of developmental disabilities, department of aging, department of job and family services, and county departments of job and family services;
(2) Prospective residents and their sponsors;
(3) A resident's sponsors;
(4) Residents' rights advocates;
(5) A resident's attorney;
(6) A minister, priest, rabbi, or other person ministering to a resident's religious needs.
(F) In writing, a description of the home's grievance procedures.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.141 | Notification of Benefit Eligibility.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 160 - 134th General Assembly
(A) As used in this section, "veteran" has the same meaning as in section 5901.01 of the Revised Code.
(B) Each nursing home, except a nursing home that participates in the veteran community partnerships program administered by the United States department of veterans affairs, and each skilled nursing facility shall provide both of the following to a veteran, spouse, surviving spouse, or representative on behalf of the veteran, seeking admission to the home or facility:
(1) Notification that the veteran, spouse, or surviving spouse may be eligible for health care or financial benefits through the United States department of veterans affairs;
(2) Information about congressionally chartered veterans service organizations or the county veterans service office that can assist with investigating and applying for benefits through the United States department of veterans affairs.
Last updated October 20, 2022 at 4:50 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.15 | Authorization to Handle Residents' Financial Affairs.

Effective:
April 12, 2021
Latest Legislation:
House Bill 444 - 133rd General Assembly
(A) Authorization from a resident or a sponsor with a power of attorney for a home to manage the resident's financial affairs shall be in writing and shall be attested to by a witness who is not connected in any manner whatsoever with the home or its administrator. The home shall maintain accounts pursuant to division (A)(27) of section 3721.13 of the Revised Code. Upon the resident's transfer, discharge, or death, the account shall be closed and a final accounting made. All remaining funds shall be returned to the resident or resident's sponsor, except in the case of death, when all remaining funds shall be transferred or used in accordance with section 5162.22 of the Revised Code.
(B) A home that manages a resident's financial affairs shall deposit the resident's funds in excess of one thousand dollars, and may deposit the resident's funds that are one thousand dollars or less, in an interest-bearing account separate from any of the home's operating accounts. Interest earned on the resident's funds shall be credited to the resident's account. A resident's funds that are one thousand dollars or less and have not been deposited in an interest-bearing account may be deposited in a noninterest-bearing account or petty cash fund.
(C) Each resident whose financial affairs are managed by a home shall be promptly notified by the home when the total of the amount of funds in the resident's accounts and the petty cash fund plus other nonexempt resources reaches two hundred dollars less than the maximum amount permitted a recipient of medicaid. The notice shall include an explanation of the potential effect on the resident's eligibility for medicaid if the amount in the resident's accounts and the petty cash fund, plus the value of other nonexempt resources, exceeds the maximum assets a medicaid recipient may retain.
(D) Except as otherwise provided in section 3.061 of the Revised Code, each home that manages the financial affairs of residents shall purchase a surety bond or otherwise provide assurance satisfactory to the director of health, or, in the case of a home that participates in the medicaid program, to the medicaid director, to assure the security of all residents' funds managed by the home.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Not later than thirty days after the date a resident or the resident's sponsor receives under section 3721.16 of the Revised Code a notice of a proposed transfer or discharge, whichever date of receiving the notice is later, the resident or resident's sponsor may challenge the proposed transfer or discharge by submitting a written request for a hearing to the state department of health. On receiving the request, the department shall conduct a hearing in accordance with section 3721.162 of the Revised Code to determine whether the proposed transfer or discharge complies with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code.
(B) Except in the circumstances described in divisions (A)(1)(a) to (e) of section 3721.16 of the Revised Code, if a resident or the resident's sponsor submits a written hearing request not later than ten days after the date the resident or resident's sponsor received notice of the proposed transfer or discharge, whichever date of receiving the notice is later, the home shall not transfer or discharge the resident unless the department determines after the hearing that the transfer or discharge complies with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code or the department's determination to the contrary is reversed on appeal.
(C) If a resident or the resident's sponsor does not request a hearing pursuant to division (A) of this section, the home may transfer or discharge the resident on the date specified in the notice required by division (A) of section 3721.16 of the Revised Code or thereafter, unless the home and the resident or, if the resident is not competent to make a decision, the home and the resident's sponsor, agree to an earlier date.
(D) If a resident or the resident's sponsor requests a hearing in writing pursuant to division (A) of this section and the home transfers or discharges the resident before the department issues a hearing decision, the home shall readmit the resident in the first available bed if the department determines after the hearing that the transfer or discharge does not comply with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code or the department's determination to the contrary is reversed on appeal.
Last updated October 3, 2023 at 4:18 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.18 | Attorney General Duties.

Effective:
April 9, 1979
Latest Legislation:
House Bill 600 - 112th General Assembly
The attorney general may investigate alleged violations of Chapter 3721. of the Revised Code or rules, policies, or procedures adopted thereunder. When it appears, as the result of the investigation, that there is cause to prosecute for the commission of a crime, the attorney general shall refer the evidence to the prosecuting attorney having jurisdiction in the matter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A)(1) No person identified in division (P)(1) to (12), (14), or (15) of section 3721.21 of the Revised Code who knows or suspects that a resident has been abused, neglected, or exploited, or that a resident's property has been misappropriated, by any individual used by a long-term care facility or residential care facility to provide services to residents, shall fail to report that knowledge or suspicion to the facility.
(2) No nursing home administrator licensed or temporarily licensed under Chapter 4751. of the Revised Code, and no administrator of a residential care facility, who knows or suspects that a resident has been abused, neglected, or exploited, or that a resident's property has been misappropriated, by any individual used by a long-term care facility or residential care facility to provide services to residents, shall fail to report that knowledge or suspicion to the director of health.
(B) Any person, including a resident, who knows or suspects that a resident has been abused, neglected, or exploited, or that a resident's property has been misappropriated, by any individual used by a long-term care facility or residential care facility to provide services to residents, may report that knowledge or suspicion to the director of health.
(C) Any person who in good faith reports suspected abuse, neglect, exploitation, or misappropriation to a facility or the director of health, provides information during an investigation of suspected abuse, neglect, exploitation, or misappropriation conducted by the director, or participates in a hearing conducted under section 3721.23 of the Revised Code is not subject to criminal prosecution, liable in damages in a tort or other civil action, or subject to professional disciplinary action because of injury or loss to person or property allegedly arising from the making of the report, provision of information, or participation in the hearing.
(D) If the director has reason to believe that a violation of division (A) of this section has occurred, the director may report the suspected violation to the appropriate professional licensing authority and to the attorney general, county prosecutor, or other appropriate law enforcement official.
(E) No person shall knowingly make a false allegation of abuse, neglect, or exploitation of a resident or misappropriation of a resident's property, or knowingly swear or affirm the truth of a false allegation, when the allegation is made for the purpose of incriminating another.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.26 | Adoption of Rules.

Effective:
December 13, 1990
Latest Legislation:
House Bill 822 - 118th General Assembly
The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code to implement sections 3721.21 to 3721.25 of the Revised Code, including rules prescribing requirements for the notice and hearing required under section 3721.23 of the Revised Code. The notice and hearing required under section 3721.23 of the Revised Code are not subject to Chapter 119. of the Revised Code; however, the rules may provide for the notice to be provided and the hearing to be conducted in accordance with that chapter. Rules adopted under this section shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.29 | Orientation Program - Performance Review - In-Service Education.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
In addition to competency evaluation programs and training and competency evaluation programs required by this chapter, each long-term care facility shall provide both of the following to each nurse aide it uses:
(A) An orientation program that includes at least an explanation of the organizational structure of the facility, its policies and procedures, its philosophy of care, a description of its resident population, and an enumeration of its employee rules;
(B) Regular performance review and in-service education to assure that individuals working in the facility as nurse aides are competent to perform the nursing and nursing-related services they perform. In-service education shall include training for nurse aides providing nursing and nursing-related services to residents and patients with cognitive impairments.
The director of health shall adopt rules to implement the purposes of this section. The rules shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.33 | Nurse Aide Training Fund.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
Except for any fee collected and retained by a testing service under contract pursuant to division (C) of section 3721.31 of the Revised Code, all fees collected under section 3721.31 of the Revised Code shall be deposited in the state treasury to the credit of the nurse aide training fund, which is hereby created. The moneys in the fund shall be used solely for the purposes set forth in sections 3721.28 to 3721.32 of the Revised Code and rules adopted thereunder.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.34 | Cooperation With Other Agencies.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
For purposes of implementing sections 3721.28 to 3721.33 of the Revised Code, the director of health may advise, consult or cooperate with, or enter into agreements with state agencies, political subdivisions, the federal government, or any person. The director may enter into agreements that provide for a state agency to do any of the following:
(A) Approve or reapprove, in accordance with division (A) of section 3721.31 of the Revised Code and the rules adopted by the director under section 3721.30 of the Revised Code, competency evaluation programs and training and competency evaluation programs, or, in accordance with rules adopted by the director under section 3721.30 of the Revised Code, programs to train instructors and coordinators for training and competency evaluation programs and evaluators for competency evaluation programs, and to perform any functions related to approval and reapproval of those programs including any of the following:
(1) Conduct adjudications under Chapter 119. of the Revised Code;
(2) Conduct the inspections and examinations described in division (A)(5) or (D) of section 3721.31 of the Revised Code;
(3) Deny, suspend, or revoke approval or reapproval, in accordance with Chapter 119. of the Revised Code, of programs that are not in compliance with sections 3721.30 and 3721.31 of the Revised Code and the rules adopted thereunder;
(4) Collect the fees described in division (G) of section 3721.31 of the Revised Code in the amounts prescribed in rules adopted by the director of health under section 3721.30 of the Revised Code and deposit them into the nurse aide training fund created by section 3721.33 of the Revised Code.
(B) Approve or deny, in accordance with Chapter 119. of the Revised Code, the requests described in division (B)(2) of section 3721.31 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.35 | Unauthorized Practice of Nursing.

Effective:
December 13, 1990
Latest Legislation:
House Bill 822 - 118th General Assembly
Nothing in sections 3721.28 to 3721.34 of the Revised Code shall be construed to permit any individual to engage in the practice of nursing as a registered nurse or the practice of nursing as a licensed practical nurse if the individual does not hold a valid license issued under Chapter 4723. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
As used in sections 3721.60 to 3721.67 of the Revised Code:
(A) "Attorney in fact" means a person designated as such by a durable power of attorney for health care executed pursuant to sections 1337.11 to 1337.17 of the Revised Code.
(B) "Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a resident's room and broadcasts or records activities or sounds occurring in the room.
(C) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.
(D) "Long-term care facility" has the same meaning as in section 3721.21 of the Revised Code.
(E) "Resident" means an individual who resides in a long-term care facility.
Last updated January 14, 2022 at 5:28 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.61 | Electronic Monitoring Authorization Form.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
(A) Subject to section 3721.62 of the Revised Code, a resident or a resident's guardian or attorney in fact may authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility.
(B) The installation and use of an electronic monitoring device may be authorized only if both of the following conditions are met:
(1) If a long-term care facility has prescribed a form described in section 3721.63 of the Revised Code, the resident or resident's guardian or attorney in fact completes the form and submits it to the facility.
(2) The cost of the device and the cost of installing, maintaining, and removing the device, other than the cost of electricity for the device, is paid for by the resident or the resident's guardian or attorney in fact.
(C) A resident who has authorized the installation and use of an electronic monitoring device may withdraw that authorization at any time.
Last updated January 14, 2022 at 5:33 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.62 | Roommate Consent.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
(A) If a resident wishing to conduct authorized electronic monitoring of the resident's room lives with another resident in a long-term care facility, the consent of the other resident or the other resident's guardian or attorney in fact to the installation and use of an electronic monitoring device in the room is required before any installation or use of such a device may occur. If the long-term care facility has prescribed a form described in section 3721.63 of the Revised Code, the other resident or other resident's guardian or attorney in fact shall consent by completing the relevant part of the form.
(B)(1) If a resident living in a room with another resident wishes to conduct authorized electronic monitoring of the resident's room, but the other resident or other resident's guardian or attorney in fact refuses to consent to the installation and use of an electronic monitoring device, the facility shall make a reasonable attempt to accommodate the resident wishing to conduct authorized electronic monitoring by moving either resident to another available room with the consent of the resident being moved or resident's guardian or attorney in fact.
(2) In the case of a resident living in a room with another resident, the other resident or other resident's guardian or attorney in fact may place conditions on any consent to the installation and use of an electronic monitoring device, including conditions such as pointing the device away from the other resident or limiting or prohibiting the use of certain devices. If conditions are placed on consent, the device shall be installed and used according to those conditions.
(C) A resident whose consent is required under this section may withdraw that consent at any time.
Last updated January 14, 2022 at 5:33 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.63 | Form Prescribed by Facility.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
A long-term care facility may prescribe a form for use by a resident or resident's guardian or attorney in fact seeking to authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. If a long-term care facility prescribes a form, it shall, at a minimum, include all of the following:
(A) An explanation of sections 3721.60 to 3721.67 of the Revised Code;
(B) An acknowledgment that the resident or resident's guardian or attorney in fact has consented to the installation and use of the device in the resident's room;
(C) In the case of a resident who lives in a room with another resident, an acknowledgment that the other resident or other resident's guardian or attorney in fact has consented to the installation and use of the device and a description of any conditions placed on that consent pursuant to division (B)(2) of section 3721.62 of the Revised Code;
(D) A section for providing the facility with information regarding the type, function, and use of the device to be installed and used;
(E) A section stating that the facility is released from liability in any civil or criminal action or administrative proceeding for a violation of the resident's right to privacy in connection with using the device.
Last updated January 14, 2022 at 5:34 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.64 | Posted Notice.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
A long-term care facility may post a notice in a conspicuous place at the entrance to a resident's room with an electronic monitoring device stating that an electronic monitoring device is in use in that room.
Last updated January 14, 2022 at 5:34 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
No person or resident shall be denied admission to or discharged from a long-term care facility or otherwise discriminated or retaliated against because of the decision to authorize the installation and use of an electronic monitoring device in a resident's room in the facility.
Last updated January 14, 2022 at 5:36 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.66 | Tampering and Unauthorized Use.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
(A) No person other than the resident or resident's guardian or attorney in fact who authorized the installation and use of an electronic monitoring device in the resident's room in a long-term care facility shall intentionally obstruct, tamper with, or destroy the device or a recording made by the device.
(B) Except as provided in division (C) of this section, no person other than the following shall intentionally view or listen to the images displayed or sounds recorded by an electronic monitoring device installed in a resident's room:
(1) The resident;
(2) The resident's guardian or attorney in fact;
(3) Law enforcement personnel.
(C) A resident or resident's guardian or attorney in fact may authorize a person to view or listen to the images displayed or sounds recorded by an electronic monitoring device installed in a resident's room.
Last updated January 14, 2022 at 5:37 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.67 | Rulemaking.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
The director of health may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 3721.60 to 3721.66 of the Revised Code.
Last updated January 14, 2022 at 5:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.68 | Law Enforcement Exception.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 58 - 134th General Assembly
Sections 3721.60 to 3721.67 of the Revised Code do not apply if an electronic monitoring device is installed by a law enforcement agency and used solely for a bona fide law enforcement purpose.
Last updated January 14, 2022 at 5:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.69 | [Enacted as r.c. 3721.60 by h.b. 122, 134th General Assembly and Recodified as r.c. 3721.69 Pursuant to r.c. 103.131] Video-Conference Visitation.

Effective:
March 23, 2022
Latest Legislation:
House Bill 122 - 134th General Assembly
(A) As used in this section, "long-term care facility" means all of the following:
(1) A home, as defined in section 3721.10 of the Revised Code;
(2) A residential facility licensed by the department of mental health and addiction services under section 5119.34 of the Revised Code;
(3) A residential facility licensed by the department of developmental disabilities under section 5123.19 of the Revised Code;
(4) A facility operated by a hospice care program licensed by the department of health under Chapter 3712. of the Revised Code that is used exclusively for care of hospice patients or any other facility in which a hospice care program provides care for hospice patients.
(B) During any declared disaster, epidemic, pandemic, public health emergency, or public safety emergency, each long-term care facility shall provide residents and their families with a video-conference visitation option if the governor, the director of health, other government official or entity, or the long-term care facility determines that allowing in-person visits at the facility would create a risk to the health of the residents.
Last updated May 12, 2023 at 11:17 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.01 | Definitions.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
As used in this chapter:
(A) "Children's hospital" means either of the following:
(1) A hospital that provides general pediatric medical and surgical care in which at least seventy-five per cent of annual inpatient discharges for the preceding two calendar years were individuals less than eighteen years of age;
(2) A distinct portion of a hospital that provides general pediatric medical and surgical care, has a total of at least one hundred fifty pediatric special care and pediatric acute care beds, and in which at least seventy-five per cent of annual inpatient discharges for the preceding two calendar years were individuals less than eighteen years of age.
(B) "Health care service" means any of the following:
(1) Pediatric intensive care;
(2) Solid organ and bone marrow transplantation;
(3) Stem cell harvesting and reinfusion;
(4) Cardiac catheterization;
(5) Open heart surgery;
(6) Operation of linear accelerators;
(7) Operation of cobalt radiation therapy units;
(8) Operation of gamma knives.
(C) "Hospital" means an institution or facility that provides inpatient medical or surgical services for a continuous period longer than twenty-four hours. "Hospital" includes a children's hospital.
(D) "Political subdivision" means a county, township, municipal corporation, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.
(E) "State university" has the same meaning as in section 3345.12 of the Revised Code.
Last updated October 19, 2021 at 5:24 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.03 | Applications for Licensure.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Subject to division (D) of this section, each person or political subdivision, agency, or instrumentality of this state, including a state university, seeking to operate a hospital shall apply to the director of health for a license to operate a hospital.
The director of health shall not consider any application for licensure until the date that is one year after the effective date of this section . An application shall be submitted in the form and manner prescribed by the director in rules adopted under section 3722.06 of the Revised Code.
(B) To be eligible for a license, an applicant must satisfy all of the following:
(1) Have submitted a complete application, which includes identifying the main hospital location and any location operated by the hospital pursuant to 42 C.F.R. 413.65 and paying the fee specified in rules adopted under section 3722.06 of the Revised Code;
(2) Be certified under Title XVIII of the "Social Security Act," 42 U.S.C. 1395aa, or accredited by a national accrediting organization approved by the federal centers for medicare and medicaid services in accordance with 42 U.S.C. 1395bb(a), or, in the case of a new hospital, eligible under rules adopted under section 3722.06 of the Revised Code;
(3) Demonstrate the ability to comply with standards established in rules adopted under section 3722.06 of the Revised Code;
(4) Specify the number of beds for the hospital, including skilled nursing beds, long-term care beds, and special skilled nursing beds.
(C)(1) If the applicant satisfies the requirements described in division (B) of this section, the director shall issue to the applicant a license to operate a hospital.
(2) A license issued under this section is valid for a three-year period unless revoked or suspended. A license expires on the date that is three years from the date of issuance and may be renewed for additional three-year periods. Applications for renewal shall be submitted to the director in a manner prescribed in rules adopted under section 3722.06 of the Revised Code.
(3) Both of the following apply to a license issued under this section:
(a) The license is valid only for the hospital identified in the application.
(b) The license holder shall post a copy of the license in a conspicuous place in the hospital.
(D) This section does not prohibit the director of health from issuing a license to a hospital that does either or both of the following:
(1) Occupies space in a building that is also used by another hospital or hospitals;
(2) Occupies one or more buildings located on the same campus as buildings used by another hospital or hospitals.
Last updated October 19, 2021 at 5:24 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.04 | License Transfer.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
If a hospital licensed under this chapter is assigned, sold, or transferred to a new owner, within thirty days of the assignment, sale, or transfer, the new owner shall apply to the director of health for a license transfer. The application shall be submitted to the director in the form and manner prescribed in rules adopted under section 3722.06 of the Revised Code.
The new owner is responsible for compliance with any action taken or proposed by the director under section 3722.07 or 3722.08 of the Revised Code. If a notice has been served under sections 119.05 and 119.07 of the Revised Code, the new owner becomes party to the notice.
Last updated October 3, 2023 at 4:19 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.05 | Inspections.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Upon the filing of an initial application for licensure under section 3722.03 of the Revised Code, the director of health may inspect the hospital prior to issuing or denying the applicant a license to operate a hospital. An applicant may avoid such an inspection if the applicant submits with the application a copy of the hospital's most recent final on-site survey report from the federal centers for medicare and medicaid services or an accrediting organization approved under 42 U.S.C. 1395bb(a) demonstrating that the hospital is certified or accredited.
(B) When filing an application to renew a license issued under section 3722.03 of the Revised Code, an applicant may avoid an inspection by the director if the applicant submits with the application a copy of the hospital's most recent final on-site survey report from the federal centers for medicare and medicaid services or an accrediting organization approved under 42 U.S.C. 1395bb(a) demonstrating that the hospital is certified or accredited.
(C) For purposes of this section, a final on-site survey report from the federal centers for medicare and medicaid services or an accrediting organization submitted in accordance with this section is confidential and is not a public record under section 149.43 of the Revised Code.
(D) At least once every thirty-six months, the director shall inspect each licensed hospital's maternity unit, newborn care nursery, and any unit providing health care services.
(E) The director may at any time inspect a licensed hospital in order to address an incident that may impact public health, respond to a complaint submitted to the director, or otherwise ensure the safety of patients cared for by the hospital.
(F) Any inspection conducted under this section is subject to a fee. Upon conducting the inspection, the director shall provide the applicant or license holder with a fee statement. Not later than fifteen days after receiving the fee statement, the applicant or license holder shall submit to the director the total amount of the fee.
Last updated October 19, 2021 at 5:25 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.09 | Technical Assistance.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The director of health may provide each licensed hospital with technical assistance in all of the following areas:
(1) Infectious diseases, including measures to prevent and control their spread;
(2) Quality improvement projects, including health equity and disparities;
(3) Population health initiatives;
(4) Data analytics;
(5) Workforce recruitment and development.
(B) The director may engage with one or more quality improvement organizations to assist in providing technical assistance. The director may terminate the assistance of a quality improvement organization at any time.
(C) The director may use any fees and civil penalties collected under this chapter to fund the provision of technical assistance to licensed hospitals, including contracting with entities to provide training or technical assistance as determined necessary by the director.
Last updated October 19, 2021 at 5:26 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.10 | Hospital Governing Board.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Each hospital licensed under this chapter shall have a governing board to oversee the hospital's management, operation, and control. The governing board shall be responsible for overseeing the appointment, reappointment, and assignment of privileges to medical staff as described in section 3701.351 of the Revised Code.
Last updated October 19, 2021 at 5:26 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.11 | Reporting - Opioid Dependent Newborns.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) "Opioid" means opioid analgesic as defined in section 3719.01 of the Revised Code.
(B) Beginning on the date that is three years after the effective date of this section , each hospital licensed under this chapter that operates a maternity unit or newborn care nursery shall report to the director of health the number of newborns born to residents of this state in the unit or nursery during the preceding calendar quarter that were diagnosed as opioid dependent at birth. The reports shall be submitted not later than thirty days after the end of each quarter and shall not include any patient-identifying information. A third-party organization may report as described in this division on behalf of the hospital.
(C) The director shall establish standards and procedures for reporting the information required by this section, including reporting submitted by third-party organizations. The information reported under this section shall not be used for law enforcement purposes or disclosed to law enforcement authorities.
(D) The director shall compile the information submitted under this section and make a summary of that information available to the public not later than ninety days after the end of each calendar year.
Last updated October 20, 2021 at 9:04 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.12 | Reporting - Diseases, Illnesses, Conditions, Infectious Agents, and Biological Toxins.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Beginning on the date that is three years after the effective date of this section , each hospital shall report to the director of health the contagious, environmental, or infectious diseases, illnesses, or health conditions or unusual infectious agents or biological toxins for which it provides treatment to patients. A third-party organization may report as described in this division on behalf of the hospital.
(B) The director shall adopt rules that do all of the following:
(1) Specify the diseases, illnesses, conditions, infectious agents, and biological toxins to be reported under this section;
(2) Specify the frequency with which a hospital shall report to the director under this section;
(3) Prescribe the manner in which a hospital or third-party organization shall report to the director under this section.
(C) Any information reported under this section shall be considered protected health information as described in section 3701.17 of the Revised Code and shall be released only in accordance with that section. Information that does not identify an individual may be released in summary, statistical, or aggregate form.
Last updated October 20, 2021 at 9:04 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.13 | Fees.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
All initial license fees, renewal fees, fees for inspections conducted by the director of health and civil penalties collected under this chapter shall be deposited in the state treasury to the credit of the general operations fund created under section 3701.83 of the Revised Code. The moneys shall be used solely for purposes of administering and enforcing this chapter and the rules adopted under it.
Last updated October 19, 2021 at 5:27 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.14 | Transition to 9/30/2024 Hospital License Requirement.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
From the effective date of this section until the date that is three years after the effective date of this section , the requirements of this chapter apply only to a hospital that has obtained a license to operate issued under section 3722.03 of the Revised Code. Beginning on the date that is three years after the effective date of this section , each hospital is subject to the requirements of this chapter.
Last updated October 19, 2021 at 5:28 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3722 | Hospitals › Section 3722.99 | Penalty for Operating Without a License.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Beginning on the date that is three years from the effective date of this section , whoever violates division (B) of section 3722.02 of the Revised Code is guilty of a misdemeanor of the first degree and shall be liable for an additional penalty of one thousand dollars for each day of operation in violation of such division.
Last updated October 19, 2021 at 5:32 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3723 | Radon › Section 3723.01 | Radon Definitions.

Effective:
July 24, 1990
Latest Legislation:
House Bill 279 - 118th General Assembly
As used in this chapter:
(A) "Radon" means both the radioactive, gaseous element produced by the disintegration of radium, and the short-lived radionuclides that are decay products of radon.
(B) "Building" means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors, or roofs, with or without other elements or appurtenances.
(C) "Radon test" means the act of examining a building, air, soil, or water for the presence of radon, including taking air, soil, or water samples, or the act of diagnosing the cause of radon contamination in a building.
(D) "Business entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
(E) "Government entity" means the state, a state agency as defined in section 1.60 of the Revised Code, a political subdivision, or any entity of local government.
(F) "Radon mitigation" means the application or installation of methods or materials to reduce airborne radon concentrations in a building or to prevent the entry of radon into the indoor atmosphere.
(G) "Radon laboratory" means a business entity or government entity that analyzes air, soil, water, or passive radon detection devices to determine the presence and concentration of radon in them.