reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.091 | Attorney General Duties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The attorney general shall attend to all claims instituted on behalf of or against the department of mental health and addiction services or any institution under the jurisdiction of the department and the managing officer thereof, except such institutions as are privately owned or operated under a license from the department of mental health and addiction services, and shall represent the public hospital in proceedings under section 5122.15 of the Revised Code. The department of mental health and addiction services shall reimburse the attorney general for the compensation of assistant attorneys general required to represent the public hospital in proceedings under section 5122.15 of the Revised code and shall also pay the costs of litigation incurred by the attorney general under that section.
If a writ of habeas corpus is applied for, the clerk of the court shall give notice of the time and place of hearing to the attorney general.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.11 | Medical Director; Qualifications; Duties.

Effective:
July 1, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
(A) The director of mental health and addiction services shall appoint a medical director who is eligible or certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry, and has at least five years of clinical and two years of administrative experience. The medical director shall also have certification or substantial training and experience in the field of addiction medicine or addiction psychiatry. The medical director shall be responsible for decisions relating to medical diagnosis, treatment, prevention, rehabilitation, quality assurance, and the clinical aspects of addiction services and mental health services involving all of the following:
(1) Licensure of hospitals, residential facilities, and outpatient facilities;
(2) Research;
(3) Community addiction and mental health plans;
(4) Certification and delivery of addiction and mental health services.
(B) The medical director shall also exercise clinical supervision of the chief clinical officers of hospitals and institutions under the jurisdiction of the department and shall review and approve decisions relating to the employment of the chief clinical officers. The medical director or the medical director's designee shall advise the director on matters relating to licensure, research, the certification and delivery of addiction services and mental health services, and community addiction and mental health plans. The medical director shall participate in the development of guidelines for community addiction and mental health plans. The director of mental health and addiction services may establish other duties of the medical director.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.14 | Department of Mental Health and Addiction Services; Powers and Duties Generally.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) The department of mental health and addiction services shall maintain, operate, manage, and govern state institutions and other services for the care and treatment of persons with mental illnesses.
(B)(1) The department of mental health and addiction services may, with the approval of the governor, designate the name and purpose of any institutions under its jurisdiction and may change, with the approval of the governor, the designation and name when necessary.
(2) The department shall divide the state into districts for the purpose of designating the institution in which persons with mental illnesses are hospitalized and may change the districts.
(3) Subject to section 5139.08 and pursuant to Chapter 5122. of the Revised Code and on the agreement of the departments of mental health and addiction services and youth services, the department of mental health and addiction services may receive from the department of youth services for psychiatric observation, diagnosis, or treatment any person eighteen years of age or older in the custody of the department of youth services. The departments may enter into a written agreement specifying the procedures necessary to implement this division.
(C) The department of mental health and addiction services shall designate hospitals, facilities, and community mental health services providers for the custody, care, and special treatment of, and authorize payment for such custody, care, and special treatment provided to, persons who are charged with a crime and who are found incompetent to stand trial or not guilty by reason of insanity.
(D) The department of mental health and addiction services may do any of the following:
(1) Require reports from the managing officer of any institution under the department's jurisdiction, relating to the admission, examination, comprehensive evaluation, diagnosis, release, or discharge of any patient;
(2) Visit each institution regularly to review its operations and to investigate complaints made by any patient or by any person on behalf of a patient, provided these duties may be performed by a person designated by the director.
(E) The department of mental health and addiction services may provide or contract to provide addiction services for offenders incarcerated in the state prison system.
(F) In addition to the powers expressly conferred, the department of mental health and addiction services shall have all powers and authority necessary for the full and efficient exercise of the executive, administrative, and fiscal supervision over the state institutions described in this section.
Last updated March 10, 2023 at 12:44 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.141 | Authority of Department.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services has all the authority necessary to carry out its powers and duties under this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code, including the authority to adopt rules pursuant to Chapter 119. of the Revised Code that may be necessary to carry out the purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.15 | Investigative Powers.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may make such investigations as are necessary in the performance of its duties and to that end the director of mental health and addiction services shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers.
The department shall keep a record of such investigations stating the time, place, charges or subject, witnesses summoned and examined, and its conclusions.
In matters involving the conduct of an officer, a stenographic report of the evidence shall be taken and a copy of such report, with all documents introduced, kept on file at the office of the department.
The fees of witnesses for attendance and travel shall be the same as in the court of common pleas, but no officer or employee of the institution under investigation is entitled to such fees.
Any judge of the probate court or of the court of common pleas, upon application of the department, may compel the attendance of witnesses, the production of books or papers, and the giving of testimony before the department, by a judgment for contempt or otherwise, in the same manner as in cases before such courts.
The department of mental health and addiction services may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for the department. Specific credentials shall be given by the department to each person so designated. Each credential shall state the:
(A) Name of the agent, investigator, or representative;
(B) Agency with which such person is connected;
(C) Purpose of appointment;
(D) Date of expiration of appointment;
(E) Such information as the department considers proper.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.161 | Joint State Plan to Improve Accessibility and Timeliness of Alcohol and Drug Addiction Services.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The department of mental health and addiction services, in conjunction with the department of job and family services, shall develop a joint state plan to improve the accessibility and timeliness of alcohol and drug addiction services for individuals identified by a public children services agency as in need of those services. The plan shall address the fact that Ohio works first participants may be among the persons receiving services under section 340.15 of the Revised Code and shall require the department of job and family services to seek federal funds available under Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the services to Ohio works first participants who are receiving services under section 340.15 of the Revised Code.
The departments shall review and amend the plan as necessary.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.17 | Addicted Pregnant Women and Their Children.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
(A) The department of mental health and addiction services, in accordance with division (B) of this section, shall give priority to developing, and promptly shall develop, with available public and private resources a program that does all of the following:
(1) Provides a manner of identifying the aggregate number of pregnant women in this state who are addicted to a drug of abuse;
(2) Provides for an effective means of intervention to eliminate the addiction of pregnant women to drugs of abuse prior to the birth of their children;
(3) Gives priority to the treatment of pregnant women addicted to drugs of abuse, including by requiring community addiction services providers that receive public funds to give priority to pregnant women referred for treatment ;
( 4) Provides for the continued monitoring of women who were addicted to a drug of abuse during their pregnancies, after the birth of their children, and for the availability of treatment and rehabilitation for those women;
(5) Provides a manner of determining the aggregate number of children who are born in this state to women who are addicted, at the time of birth, to a drug of abuse, and of children who are born in this state with an addiction to or a dependency on a drug of abuse;
(6) Provides for the continued monitoring of children who are born in this state to women who are addicted, at the time of birth, to a drug of abuse, or who are born in this state with an addiction to or dependency on a drug of abuse, after their birth;
(7) Provides for the treatment and rehabilitation of any child who is born to a woman who is addicted, at the time of birth, to a drug of abuse, and of any child who is born with an addiction to or dependency on a drug of abuse.
(B) In developing the program described in division (A) of this section, the department may obtain information from the department of health and the department of job and family services, and those departments shall cooperate with the department of mental health and addiction services in its development and implementation of the program.
(C) Immediately upon its development of the program described in division (A) of this section, the department shall implement the program.
(D) Any record or information that is obtained or maintained by the department in connection with the program described in division (A) of this section and could enable the identification of any woman or child described in division (A)(1) or (5) of this section is not a public record subject to inspection or copying under section 149.43 of the Revised Code.
(E) A community addiction services provider that receives public funds shall not refuse to treat a person solely because the person is pregnant if appropriate treatment is offered by the provider.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.18 | Classified and Unclassified Appointments.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
An appointing authority may appoint a person who holds a certified or permanent position in the classified service within the department of mental health and addiction services to a position in the unclassified service within the department. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the person's appointment to the position in the unclassified service, pursuant to division (D) of section 124.11 of the Revised Code.
A person who holds a position in the classified service and who is appointed to a position in the unclassified service on or after January 1, 2016, shall have the right to resume a position in the classified service under this section only within five years after the effective date of the person's appointment in the unclassified service.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.181 | Certain Convictions Preclude Appointments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) No appointing officer shall appoint a person to fill a position in either the classified or unclassified service of the department of mental health and addiction services if the person has been convicted of or pleaded guilty to a violation of the following:
(1) Any felony contained in the Revised Code, if the felony bears a direct and substantial relationship to the position being filled;
(2) Any crime contained in the Revised Code constituting a misdemeanor of the first degree on the first offense and a felony on subsequent offenses, if the crime bears a direct and substantial relationship to the position being filled;
(3) An existing or former law of this state, any other state, or the United States, if the law violated is substantially equivalent to any of the offenses described in division (A)(1) or (2) of this section.
(B) The director of mental health and addiction services shall adopt rules, in accordance with Chapter 119. of the Revised Code, to implement this section.
(C) The director or an appointing officer shall request the bureau of criminal identification and investigation created by section 109.51 of the Revised Code or, at the director's or appointing officer's discretion, any other state or federal agency, to supply the director or appointing officer with a written report regarding the criminal records of any applicant. For each investigation undertaken at the department's request under this section, the department shall pay a reasonable fee to the bureau or other state or federal agency conducting the investigation. The amount of the fee shall be determined by the bureau or other state or federal agency conducting the investigation and shall be sufficient to cover the costs of conducting the investigation. The report made by the bureau or other state or federal agency is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, except the applicant, the director, the appointing officer or the appointing officer's designees, or any hearing officer involved in a case denying employment.
(D) As used in this section, "applicant" means a person who is under final consideration for appointment to a position in the classified or unclassified service of the department of mental health and addiction services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.182 | Fidelity Bond.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety company bond, properly conditioned, in a sum to be fixed by the department which when approved by the department, shall be filed in the office of the secretary of state. The cost of such bonds, when approved by the department, shall be paid from funds available for the department. The bonds required or authorized by this section may, in the discretion of the director of mental health and addiction services, be individual, schedule, or blanket bonds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.184 | Providing Educational Grants or Tuition Reimbursement for Employees.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may provide educational grants or tuition reimbursements to upgrade the education, training, and professional achievement of its employees, whenever it determines that provision of such grants or reimbursements is essential to the achievement of its goals. The department may enter into agreements with its employees for the purposes of this section. The agreements may require, as a condition of each grant or reimbursement, that the employee continue employment with the department or with another federal, state, or local public agency designated by the department for a period of time stated in the agreement. If an employee does not fulfill the employment requirement stated in the agreement, the department may take action to recover the amount of all educational grants or tuition reimbursements paid to the employee under this section, plus interest at the rate of ten per cent per year calculated from the date of payment of each grant or reimbursement.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.186 | Conduct Collaborative Training Efforts for Students.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of mental health and addiction services or the managing officer of an institution of the department may enter into an agreement with boards of trustees or boards of directors of one or more institutions of higher education or hospitals licensed pursuant to section 5119.33 of the Revised Code to establish, manage, and conduct collaborative training efforts for students enrolled in courses of studies for occupations or professions that involve the care and treatment for persons receiving addiction or mental health services.
(B) Such collaborative training efforts may include but are not limited to programs in psychiatry, psychology, nursing, social work, counseling professions, and others considered appropriate by the director of mental health and addiction services. Any such program shall be approved or accredited by its respective professional organization or state board having jurisdiction over the profession.
(1) The department shall require that the following be provided for in agreements between the department and institutions of higher education or hospitals licensed pursuant to section 5119.33 of the Revised Code:
(a) Establishment of inter-disciplinary committees to advise persons responsible for training programs. Each committee shall have representation drawn from the geographical community the institution of higher education or hospital serves and shall include representatives of agencies, boards, targeted populations as determined by the department, racial and ethnic minority groups, and publicly funded programs;
(b) Funding procedures;
(c) Specific outcomes and accomplishments that are expected or required of a program under such agreement;
(d) The types of services to be provided under such agreement.
(2) The department may require that the following be provided for in agreements between the department and institutions of higher education or hospitals licensed pursuant to section 5119.33 of the Revised Code:
(a) Special arrangements for individual residents or trainees to encourage their employment in publicly funded settings upon completion of their training;
(b) Procedures for the selection of residents or trainees to promote the admission, retention, and graduation of women, minorities, and disabled persons;
(c) Cross-cultural training and other subjects considered necessary to enhance training efforts and the care and treatment of patients and clients;
(d) Funding of faculty positions oriented toward meeting the needs of publicly funded programs.
Subject to appropriations by the general assembly, the director of mental health and addiction services has final approval of the funding of these collaborative training efforts.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.187 | Courses of Study for Instruction and Training of Persons in Institutions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The courses of study for the instruction and training of all persons in institutions under the control of the department of mental health and addiction services shall be subject to the approval of the superintendent of public instruction.
All teachers employed in institutions under the control of the department of mental health and addiction services shall possess such educator licenses or have such qualifications and approval as the superintendent of public instruction, after consulting with the officers in charge of the institutions, prescribes for the various types of service in the institutions.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.188 | Education and Training Program for Employees of State Correctional and Youth Services Institutions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "state correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
(B) The department of mental health and addiction services shall develop a program that is designed to educate and train the employees of each state correctional institution, the employees of each department of youth services institution, and other persons associated by contract or otherwise with each state correctional institution or each department of youth services institution, who will be responsible for the conduct of, or otherwise providing treatment or rehabilitation services pursuant to, a substance abuse treatment or rehabilitation program offered in the institution to adult prisoners or juvenile offenders. Upon the development of the educational and training program, the department of mental health and addiction services promptly shall commence its implementation. The department of mental health and addiction services may charge to the department of rehabilitation and correction and to the department of youth services a reasonable annual fee that reflects the expenses incurred by it during the immediately preceding calendar year in preparing and offering the educational and training program during that year to the respective employees and other associated persons described in this division.
The director of rehabilitation and correction and the director of youth services shall require the respective employees and other associated persons described in this division to attend and successfully complete the educational and training program developed pursuant to this division as a condition of their continuing to have responsibility for the conduct of, or their continuing to provide treatment or rehabilitation services pursuant to, any treatment or rehabilitation program that is offered in a state correctional institution or in a department of youth services institution to adult prisoners or juvenile offenders. If the department of mental health and addiction services charges a reasonable annual fee as described in this division, the director involved shall cause that fee to be paid from any available funds of the department of rehabilitation and correction or any available funds of the department of youth services.
(C) The department of rehabilitation and correction and the department of mental health and addiction services jointly shall develop program specifications for the alcohol and drug addiction treatment programs offered in state correctional institutions.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.201 | Real or Personal Property Transactions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The director of mental health and addiction services may acquire by purchase, lease, or otherwise such real and personal property rights in the name of the state as are necessary for the purposes of the department.
(B) When it is necessary for a state institution under the jurisdiction of the department to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid for the property, such property may be appropriated in the manner provided for the appropriation of property for other state purposes.
(C) The director may work with the department of administrative services to sell, lease, or exchange portions of real and personal property of the department when the sale, lease, or exchange is advantageous to the state. Money received from such sales, leases, or exchanges shall be credited to the the department of mental health and addiction services trust fund, created in section 5119.46 of the Revised Code.
(D) Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.221 | Waiver or Requirements; Authority of Director.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The director of mental health and addiction services, in accordance with procedures established under division (F)(5) of section 5119.22 of the Revised Code, may issue to a board of alcohol, drug addiction, and mental health services a time-limited waiver of the requirement of section 340.033 of the Revised Code that ambulatory detoxification and medication-assisted treatment be made available within the borders of the board's service district if the director determines that both of the following apply:
(1) The board seeking the waiver has made reasonable efforts to make ambulatory detoxification and medication-assisted treatment available within the borders of the board's service district;
(2) Ambulatory detoxification and medication-assisted treatment can be made available through one or more contracts between the board seeking the waiver and community addiction services providers that are located not more than thirty miles beyond the borders of the board's service district.
(B) Each waiver issued under this section shall specify the amount of time for which it is in effect and whether it applies to ambulatory detoxification, medication-assisted treatment, or both.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.23 | Allocations of Funds for Local Mental Health and Addiction Services Continuums of Care.

Effective:
July 1, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
(A) The department of mental health and addiction services shall establish a methodology for allocating to boards of alcohol, drug addiction, and mental health services the funds appropriated by the general assembly to the department for the purpose of the community-based continuum of care that each board establishes under section 340.032 of the Revised Code. The department shall establish the methodology after notifying and consulting with relevant constituencies as required by division (A)(10) of section 5119.21 of the Revised Code. The methodology may provide for the funds to be allocated to boards on a district or multi-district basis.
(B) Subject to section 5119.25 of the Revised Code, and to required submissions and approvals under sections 340.08 and 5119.22 of the Revised Code, the department shall allocate the funds to the boards in a manner consistent with the methodology, this section, other state and federal laws, rules, and regulations.
(C) In consultation with boards, community addiction services providers, community mental health services providers, and persons receiving addiction services, mental health services, and recovery supports, the department shall establish guidelines for the use of funds allocated under this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.24 | Annual Report by Boards Specifying Use of Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "administrative function" means a function related to one or more of the following:
(1) Continuous quality improvement;
(2) Utilization review;
(3) Resource development;
(4) Fiscal administration;
(5) General administration;
(6) Any other function related to administration that is required by Chapter 340. of the Revised Code.
(B) Each board of alcohol, drug addiction, and mental health services shall submit an annual report to the department of mental health and addiction services specifying how the board used funds allocated to the board under section 5119.23 of the Revised Code for administrative functions in the year preceding the report's submission. The director of mental health and addiction services shall establish the date by which the report must be submitted each year.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.25 | Withholding of Funds for Failure to Comply With Statutory or Regulatory Provisions.

Effective:
July 1, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
(A) The director of mental health and addiction services may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply:
(1) The board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the department of mental health and addiction services;
(2) The board denies available service on the basis of race, color, religion, ancestry, military status, sex, age, national origin, disability as defined in section 4112.01 of the Revised Code, or developmental disability.
(B) The director shall withhold funds, in whole or in part, that otherwise are to be allocated to a board under section 5119.23 of the Revised Code if either of the following circumstances apply:
(1) The director, under division (G) of section 5119.22 of the Revised Code, disapproves all or part of the board's proposed community addiction and mental health plan, budget, or list of addiction services, mental health services, and recovery supports;
(2) The board's use of state and federal funds fails to comply with the board's approved budget, including approved amendments to the budget.
(C) The director shall issue a notice identifying the areas of noncompliance and the action necessary to achieve compliance. The director may offer technical assistance to the board to achieve compliance. The board shall have thirty days from receipt of the notice of noncompliance to present its position that it is in compliance or to submit to the director evidence of corrective action the board took to achieve compliance. Before withholding funds, the director or the director's designee shall hold a hearing within thirty days of receipt of the board's position or evidence to determine if there are continuing violations and that either assistance is rejected or the board is unable, or has failed, to achieve compliance. The director may appoint a representative from another board of alcohol, drug addiction, and mental health services to serve as a mentor for the board in developing and executing a plan of corrective action to achieve compliance. Any such representative shall be from a board that is in compliance with Chapter 340. of the Revised Code, this chapter, and the department's rules. Subsequent to the hearing process, if it is determined that compliance has not been achieved, the director may allocate all or part of the withheld funds to one or more community mental health services providers or community addiction services providers to provide the mental health service, addiction service, or recovery support for which the board is not in compliance until the time that there is compliance.
(D) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.26 | Civil Rights and Liberties of Patients.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a person receiving services to maintain the confidentiality of health and medical records, the right as a person detained for medical purposes to receive adequate and appropriate treatment, and the right to vote.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.29 | Tracking and Monitoring After Release of Persons Found Not Guilty by Reason of Insanity or Persons Found Incompetent to Stand Trial.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services, in conjunction with boards of alcohol, drug addiction, and mental health services and community mental health boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code who have been granted a conditional release and persons found incompetent to stand trial and committed pursuant to section 2945.39 of the Revised Code who have been granted a conditional release. The system shall do all of the following:
(A) Centralize responsibility for the tracking of those persons;
(B) Develop uniformity in monitoring those persons;
(C) Develop a mechanism to allow prompt rehospitalization, reinstitutionalization, or detention when a violation of the conditional release or decompensation occurs.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.30 | Program Providing Information and Services to Courts.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilitate the ability of the courts to utilize treatment and rehabilitation alternatives in addition to or in lieu of imposing sentences of imprisonment upon appropriate offenders.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.31 | Procedure for Purchase of Supplies.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of mental health and addiction services in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement.
Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price; but bids not meeting the specifications shall be rejected.
The department of administrative services may require such security as it considers proper to accompany the bids and shall fix the security to be given by the contractor.
The department of administrative services may reject any or all bids and secure new bids, if for any reason it is deemed for the best interest of the state to do so, and it may authorize the managing officer of any institution to purchase perishable goods and supplies for use in cases of emergency, in which cases such managing officer shall certify such fact in writing and the department of administrative services shall record the reasons for such purchase.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.311 | Examining Mental and Physical Condition of Confined Person.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The department of mental health and addiction services may examine into, with or without expert assistance, the question of the mental and physical condition of any person committed to or involuntarily confined in any hospital for persons with mental illnesses, or restrained of liberty at any place within this state by reason of alleged mental illness and may order and compel the discharge of any such person who is not a person with a mental illness subject to court order as defined in division (B) of section 5122.01 of the Revised Code and direct what disposition shall be made of the person. The order of discharge shall be signed by the director of mental health and addiction services. Upon receipt of such order by the superintendent or other person in charge of the building in which the person named in such order is confined, such person shall forthwith be discharged or otherwise disposed of according to the terms of said order, and any further or other detention of such person is unlawful. No such order shall be made in favor of any person committed and held for trial on a criminal charge, in confinement by an order of a judge or court made in a criminal proceeding, or in any case unless notice is given to the superintendent or other person having charge of the building in which the alleged person with a mental illness is detained, and a reasonable opportunity is allowed the person in charge to justify further detention of the person confined.
Last updated March 10, 2023 at 12:46 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.32 | Utilizing Federal Block Grant Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services is hereby designated as the state administrative agency for the substance abuse prevention treatment block grant and the community mental health services block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as amended, and similar alcohol, drug abuse, or mental health programs that are specified in an appropriations act.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.331 | Injunction.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
If the department of mental health and addiction services determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common pleas in the county where the hospital is located to enjoin the hospital from continued operation in violation of section 5119.33 of the Revised Code.
Last updated March 10, 2023 at 12:46 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.332 | Payments and Reimbursements to Unlicensed Hospital.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of mental health and addiction services.
As used in this section, "third-party payer" means a health insuring corporation licensed under Chapter 1751. of the Revised Code, an insurance company that issues sickness and accident insurance in conformity with Chapter 3923. of the Revised Code, a state-financed health insurance program under Chapter 3701., 4123., or 5101. of the Revised Code, or any self-insurance plan.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.333 | Prohibiting Keeping or Maintaining Unlicensed Hospital.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of mental health and addiction services, as provided by section 5119.33 of the Revised Code.
Last updated March 10, 2023 at 12:47 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.334 | Notice of Adverse Action - Hospitals.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession.
(B)(1) When submitting an application for initial or renewed licensure of a hospital under section 5119.33 of the Revised Code, the applicant shall notify the department of mental health and addiction services of any adverse action taken against the hospital or the hospital's owner, sponsor, medical director, administrator, or any of its principals within the three-year period immediately preceding the date of application.
(2) Not later than seven days after receiving a notice of adverse action from a licensing or regulatory authority that is other than the department of mental health and addiction services, the holder of a hospital license issued under section 5119.33 of the Revised Code shall notify the department of the action.
(C) To notify the department as required by this section, a copy of the notice of adverse action shall be provided to the department.
Last updated August 31, 2023 at 4:46 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.343 | Notice of Adverse Action - Residential Facilities.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession.
(B)(1) When submitting an application for initial or renewed licensure of a residential facility under section 5119.34 of the Revised Code, the applicant shall notify the department of mental health and addiction services of any adverse action taken against the residential facility or the facility's owner, operator, or manager within the three-year period immediately preceding the date of application.
(2) Not later than seven days after receiving a notice of adverse action from a licensing or regulatory authority that is other than the department of mental health and addiction services, the holder of a residential facility license issued under section 5119.34 of the Revised Code shall notify the department of the action.
(3) To notify the department as required by this section, a copy of the notice of adverse action shall be provided to the department.
Last updated August 31, 2023 at 4:48 PM