reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.35 | Addiction Services Requiring Certification.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code.
(B) Division (A) of this section does not apply to either of the following:
(1) An individual who holds a valid license, certificate, or registration issued by this state authorizing the practice of a health care profession that includes the performance of any service that is required to be certified as described in this section, regardless of whether the service is performed as part of a sole proprietorship, partnership, or group practice;
(2) An individual who provides any service that is required to be certified as described in this section as part of an employment or contractual relationship with a hospital outpatient clinic that is accredited by an accreditation agency or organization approved by the director of mental health and addiction services.
(C)(1) If the director of mental health and addiction services determines that a person or government entity is violating division (A) of this section, the director may request, in writing, that the attorney general petition the court of common pleas in the county where the person or government entity is located or providing the services to enjoin the person or government entity from engaging in the conduct that violates division (A) of this section.
(2) No person or government entity that is subject to this section is eligible to receive, for a service that is subject to this section, any federal funds, state funds, or funds administered by a board of alcohol, drug addiction, and mental health services, unless that service has been certified under section 5119.36 of the Revised Code. This limitation is in addition to the injunction that may be sought under division (C)(1) of this section for a violation of division (A) of this section.
(D) The director may adopt rules in accordance with Chapter 119. of the Revised Code to specify mental health services and alcohol and drug addiction services that are required to be certified under section 5119.36 of the Revised Code.
Last updated August 29, 2023 at 5:34 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.363 | Adoption of Rules for Community Addiction Services Providers.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of mental health and addiction services shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
The director shall adopt rules under this section that authorize the department of mental health and addiction services to determine an advanced practice registered nurse's, physician assistant's, or physician's compliance with section 3719.064 of the Revised Code if such practitioner works for a community addiction services provider.
Last updated August 7, 2023 at 4:41 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.364 | Publication of Reports.

Effective:
July 1, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
(A) The department of mental health and addiction services shall do both of the following with the r eports it receives from community addiction services providers under section 5119.362 of the Revised Code:
(1) Subject to division (B) of this section, make the reports available on the department's internet web site ;
(2) Make the reports available in an electronic format to boards of alcohol, drug addiction, and mental health services in a manner that provides the information about an individual contained in a report to the board that serves the individual's county.
(B) In making the reports available on the department's web site, the department shall present the information contained in the reports on both a statewide aggregate basis and county-level aggregate basis. The information on the web site shall be updated monthly after the community addiction services providers submit new reports to the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.365 | Rules Regarding Intake and Retention Procedures.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of mental health and addiction services shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following:
(A) Streamline the intake procedures used by a community addiction services provider accepting and beginning to serve a new individual, including procedures regarding intake forms and questionnaires;
(B) Enable a community addiction services provider to retain an individual as an active patient even though the patient last received services from the provider more than thirty days before resumption of services so that the individual and provider do not have to repeat the intake procedures.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.366 | Establishing Grievance Procedures.

Effective:
July 1, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
The director of mental health and addiction services shall require that each board of alcohol, drug addiction, and mental health services ensure that each community mental health services provider and community addiction services provider with which it contracts under section 340.036 of the Revised Code to provide certifiable services and supports establish grievance procedures consistent with rules adopted under section 5119.36 of the Revised Code that are available to all persons seeking or receiving certifiable services and supports from a community mental health services provider or community addiction services provider.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.367 | Adverse Action Related to Certifiable Services and Supports.

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, certification, or other approval to provide certifiable services and supports or an equivalent to certifiable services and supports.
(B)(1) When submitting an application for initial or renewed certification of one or more certifiable services and supports, the applicant shall notify the department of mental health and addiction services of any adverse action taken against the applicant or any owner or principal of the applicant 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, an applicant for initial or renewed certification or the holder of a certification issued under section 5119.36 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 4:49 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.371 | Location of Opioid Treatment Programs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) On application by a community addiction services provider that has purchased or leased real property to be used as the location of an opioid treatment program subject to licensure under section 5119.37 of the Revised Code, the department of mental health and addiction services shall determine whether the location of the proposed program complies with the requirements of division (C)(4) of section 5119.37 of the Revised Code by not being located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it a public or private school, child care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter.
If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. The declaration is valid for two years from the date of issuance.
The department shall provide to the provider either a copy of the declaration or a notice that the department has determined that the location is not in compliance with division (C)(4) of section 5119.37 of the Revised Code.
If, before expiration of the declaration, a community addiction services provider applies for a license to operate an opioid treatment program, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to issue the license.
(B) A community addiction services provider seeking to relocate an opioid treatment program licensed under section 5119.37 of the Revised Code may apply for and be granted a declaration under division (A) of this section. If, before expiration of the declaration, the provider applies for issuance of a license due to relocation, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to reissue the license due to relocation.
Last updated August 17, 2023 at 2:04 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.38 | Drivers' Intervention Program.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
A drivers' intervention program may be used as an alternative to a term of imprisonment for an offender sentenced pursuant to division (G)(1)(a) of section 4511.19 of the Revised Code, if it is certified by the director of mental health and addiction services pursuant to this section. No drivers' intervention program shall be used as an alternative to a term of imprisonment that is imposed pursuant to division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code.
To qualify for certification by the director and to receive funds from the statewide treatment and prevention fund created by section 4301.30 of the Revised Code in any amounts and at any times that the director determines are appropriate, a drivers' intervention program shall meet state minimum standards that the director shall establish by rule. The rules shall include, but are not limited to, standards governing program course hours and content, qualifications of program personnel, methods of identifying and testing participants to isolate participants with alcohol and drug abuse problems, referral of such persons to community addiction services providers, the prompt notification of courts by program operators of the completion of the programs by persons required by courts to attend them, and record keeping, including methods of tracking participants for a reasonable time after they have left the program.
The director shall issue a certificate to any qualified drivers' intervention program. The certificate is valid for three years.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.39 | Certification or Accreditation of Recovery Housing Residences.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall monitor the operation of recovery housing in this state by doing either of the following:
(1) Certifying recovery housing residences through a process established by the department;
(2) Accepting accreditation, or its equivalent for recovery housing, from one or more of the following:
(a) The Ohio affiliate of the national alliance for recovery residences;
(b) Oxford house, inc.;
(c) Any other organization that is designated by the department for purposes of this section.
(B) If the department certifies recovery housing residences, the department shall, in rules adopted under section 5119.397 of the Revised Code, establish requirements for initial certification and renewal certification, as well as grounds and procedures for disciplinary action against operators of recovery housing residences.
Last updated October 4, 2023 at 2:03 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.391 | Required Form for Recovery Housing Residence Operator.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall monitor the establishment of recovery housing residences in this state.
(B) For purposes of division (A) of this section, and within the timeframe specified in division (C) of this section, each person or government entity that will operate a recovery housing residence on or after the effective date of this section , including any recovery housing that was established and in operation prior to the effective date of this section , shall file with the department, on a form prescribed by the department, all of the following information:
(1) The name of the recovery housing residence and any other name under which the residence does business;
(2) The address of the recovery housing residence;
(3) The name of the person or government entity operating the residence;
(4) The primary telephone number and electronic mail address for the recovery housing operator;
(5) The date the recovery housing residence was first occupied, or will be occupied, by its first resident;
(6) Information related to any existing accreditation or its equivalent that the recovery housing residence has obtained or is in the process of obtaining;
(7) Any other information the department considers appropriate.
(C) The form required by division (B) of this section shall be filed with the department as follows:
(1) For a recovery housing residence that began operating before the effective date of this section, not later than thirty days after the effective date of this section ;
(2) For a recovery housing residence that will begin operating on or after the effective date of this section , not later than thirty days after the first resident begins occupying the residence.
(D) If the department accepts accreditation or its equivalent from an organization specified in section 5119.39 of the Revised Code, the department may provide copies of forms filed in accordance with this section to any such organization.
Last updated October 4, 2023 at 2:44 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.392 | Prohibition Against Operation Without Being Certified or Accredited.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Beginning January 1, 2025, no person or government entity shall operate a recovery housing residence unless either of the following applies:
(1)(a) If the department of mental health and addiction services certifies recovery housing residences, the recovery housing residence is certified by the department.
(b) If the department accepts accreditation or its equivalent from an organization specified in section 5119.39 of the Revised Code, the residence is accredited by such an organization.
(2) The recovery housing residence has been operating for not more than eighteen months and is actively engaged in efforts to obtain certification or accreditation, as applicable. For purposes of identifying this eighteen-month timeframe, a recovery housing residence is considered to begin operating on the date that the first resident occupies the residence, as specified on the form filed in accordance with section 5119.391 of the Revised Code.
(B) If the director of mental health and addiction services determines that a recovery housing residence is operating in violation of this section, the director may request, in writing, that the attorney general petition the court of common pleas of the county in which the recovery housing residence is located for an order enjoining operation of the recovery housing residence.
Last updated October 4, 2023 at 2:57 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.393 | Complaint Reporting and Investigations.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall establish a procedure to receive and investigate complaints from residents, staff, and the public regarding recovery housing residences. The department may contract with one or more of the organizations specified in section 5119.39 of the Revised Code to fulfill some or all of the functions associated with receiving and investigating complaints.
(B) Any organization under contract with the department to receive and investigate complaints shall make reports to the department as follows:
(1) Not less than monthly, the contractor shall report the status of each pending investigation and shall report the outcome of each investigation that has been completed since the last report was made;
(2) As soon as practicable, but not later than ten days after making an adverse decision, if a contractor's accreditation or its equivalent is accepted by the department for purposes of section 5119.39 of the Revised Code, the contractor shall report that decision to the department in a manner prescribed by the department.
Last updated October 4, 2023 at 2:58 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.394 | Registry of Recovery Housing Residences.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall establish and maintain a registry of recovery housing residences that meet the criteria described in division (A)(1) or (2) of section 5119.392 of the Revised Code. For each residence, the registry shall include all of the following:
(1) Any information from the form required by division (B) of section 5119.391 of the Revised Code that the department chooses to include in the registry;
(2) If a complaint received under section 5119.393 of the Revised Code has been investigated and substantiated, a description of the complaint, the date the complaint was submitted to the department or its contractor, and the outcome of the investigation;
(3) Any other information the department considers appropriate.
(B) The department shall immediately remove from the registry a recovery housing residence that ceases to meet the criteria described in division (A)(1) or (2) of section 5119.392 of the Revised Code, including if the criteria described in those divisions ceases to be met because the residence has had its certification or accreditation, as applicable, revoked or not renewed.
(C) The department shall make the registry available to the public on the department's web site.
Last updated October 4, 2023 at 2:58 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.395 | Prohibition Against Advertising Without Being Certified or Accredited.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Beginning January 1, 2025, no person or government entity shall advertise or represent any residence or other building to be a recovery housing residence, sober living home, or any other alcohol and drug free housing for persons recovering from alcohol use disorder or drug addiction unless the residence or building meets either of the following conditions:
(1) The residence or building is on the registry established and maintained under section 5119.394 of the Revised Code;
(2) The residence or building is regulated by the department of rehabilitation and correction under section 2967.14 of the Revised Code.
(B) If the director of mental health and addiction services determines that a person or government entity is violating division (A) of this section, the director may request, in writing, that the attorney general petition the court of common pleas of the county where the person or government entity is operating the residence or other building to enjoin that person or government entity from engaging in the conduct that violates division (A) of this section.
Last updated October 4, 2023 at 2:59 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.396 | Prohibition Against Referrals.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Beginning January 1, 2025, community addiction services providers and community mental health services providers shall not refer clients to a recovery housing residence unless the residence is on the registry established and maintained under section 5119.394 of the Revised Code on the date that the referral is made. Community addiction services providers and community mental health services providers shall maintain records of all referrals made to recovery housing residences.
Last updated October 4, 2023 at 2:59 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.397 | Rulemaking.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of mental health and addiction services may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5119.39 to 5119.396 of the Revised Code.
Last updated October 4, 2023 at 2:59 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.431 | Acquiring Real Estate.

Effective:
September 28, 2018
Latest Legislation:
House Bill 111 - 132nd General Assembly
When it is necessary for a state institution under the jurisdiction of the department of mental health and addiction services 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 therefor, such property may be appropriated in the manner provided for the appropriation of property for other state purposes.
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 5119.45 | Sale of Goods and Services Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Unless otherwise specifically provided by law, all moneys received by the department of mental health and addiction services from the sale of goods and services, including, but not limited to, shared service agreements with other governmental entities and nongovernmental entities, employee housing and cafeteria receipts, fees for copying services, and sales of other tangible personal property under the department's control, shall be paid into the state treasury to the credit of the sale of goods and services fund, which is hereby created. Moneys received by the department pursuant to section 5119.44 of the Revised Code shall not be paid into the fund. The department shall use the moneys in the fund for paying operating expenses of the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.46 | Department of Mental Health and Addiction Services Trust Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
There is hereby created in the state treasury the department of mental health and addiction services trust fund. Not later than the first day of September of each year, the director of mental health and addiction services shall certify to the director of budget and management the amount of all of the unexpended, unencumbered balances of general revenue fund appropriations made to the department of mental health and addiction services for the previous fiscal year, excluding funds appropriated for rental payments to the Ohio public facilities commission. On receipt of the certification, the director of budget and management shall transfer cash to the trust fund in an amount up to, but not exceeding, the total of the amounts certified by the director of mental health and addiction services.
In addition, the trust fund shall receive all amounts, subject to any provisions in bond documents, received from the sale or lease of lands and facilities by the department.
All moneys in the trust fund shall be used by the department of mental health and addiction services to pay for expenditures the department incurs in performing any of its duties under this chapter. The use of moneys in the trust fund pursuant to this section does not represent an ongoing commitment to the continuation of the trust fund or to the use of moneys in the trust fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.47 | Problem Casino Gambling and Addictions Fund; Administration.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The director of mental health and addiction services shall administer the problem casino gambling and addictions fund. The director shall use the money in the fund to support gambling addiction services, alcohol and drug addiction services, other services that relate to gambling addiction and substance abuse, and research that relates to gambling addiction and substance abuse. Treatment and prevention services supported by money in the fund under this section shall be services that are certified by the department of mental health and addiction services.
The director shall prepare an annual report describing the use of the fund for these purposes. The director shall submit the report to the Ohio casino control commission, the speaker and minority leader of the house of representatives, the president and minority leader of the senate, and the governor.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.48 | All Roads Lead to Home Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall create the all roads lead to home program. The program shall include all of the following initiatives:
(1) A media campaign. As part of the campaign, the department shall develop public service announcements and shall make the announcements available to television and radio media outlets. The announcements shall be made available beginning on January 1, 2018, and at least twice annually, once between January and March of each year, and once in September of each year as part of national recovery month.
(2) A web site as described in division (C) of this section;
(3) A twenty-four-hour hotline, that is operated by a call center, for the purpose of helping individuals access addiction services.
(B) The media campaign described in division (A)(1) of this section shall do all of the following:
(1) Include messages to reduce the stigma associated with seeking help for drug addiction;
(2) Provide directions for people who are in need of drug addiction assistance to a web-based location that includes all of the following:
(a) Information on where to find help for drug addiction;
(b) Information on intervention and referral options;
(c) Contact information for county board drug addiction assistance authorities.
(3) Prioritize its efforts in media markets that have the highest rates of drug overdose deaths in this state;
(4) Utilize television and radio public service announcements provided to media outlets, as well as internet advertising models such as low-cost social media outlets.
(C) Before January 1, 2018, the department shall create a web site as described in division (A)(2) of this section that offers all of the following components:
(1) If reasonably available for use, an evidence-based self-reporting screening tool approved by the department's medical director;
(2) Community detoxification and withdrawal management options and community treatment options;
(3) A searchable database of certified substance abuse providers organized by zip code;
(4) Information on recovery supports, including recovery housing residences;
(5) Clinical information regarding what a person may expect during detoxification, withdrawal, and treatment.
(D) The department may contract with private vendors for the creation and maintenance of the interactive web site described in division (C) of this section.
Last updated October 4, 2023 at 12:43 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.49 | Director's Collaboration in Establishment and Administration of Drug Take-Back Program.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The director of mental health and addiction services shall collaborate with the state board of pharmacy and attorney general in the establishment and administration of a drug take-back program, as provided under section 4729.69 of the Revised Code.
(B) The department may accept grants, gifts, or donations for purposes of the program. Money received under this division shall be deposited into the drug take-back program fund established under section 109.90 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.51 | Services Fund for Individuals With Mental Illness.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "supplemental services" has the same meaning as in section 5815.28 of the Revised Code.
(B) There is hereby created in the state treasury the services fund for individuals with mental illness. On the death of the beneficiary of a trust created pursuant to section 5815.28 of the Revised Code, the portion of the remaining assets of the trust specified in the trust instrument shall be deposited to the credit of the fund. Money credited to the fund shall be used for individuals with mental illness.
Supplemental services may be provided through the department or boards of alcohol, drug addiction, and mental health services. In accordance with Chapter 119. of the Revised Code, the department of mental health and addiction services may adopt any rules necessary to implement this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.52 | Industrial and Entertainment Fund; Commissary Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Each managing officer of an institution under the jurisdiction of the department of mental health and addiction services as described in section 5119.14 of the Revised Code, with the approval of the director of mental health and addiction services, may establish local institution funds designated as follows:
(A) Industrial and entertainment fund created and maintained for the entertainment and welfare of the patients of the institution. The director shall establish rules for the operation of the industrial and entertainment fund.
(B) Commissary fund created and maintained for the benefit of patients in the institution. Commissary revenue over and above operating costs and reserve shall be considered profits. All profits from the commissary fund operations shall be paid into the industrial and entertainment fund and used only for the entertainment and welfare of patients. The director shall establish rules for the operation of the commissary fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.54 | Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The treasurer of state shall have charge of all funds under the jurisdiction of the department of mental health and addiction services and shall pay out the same only in accordance with this chapter.
The department shall cause to be furnished a contract of indemnity to cover all funds received by it or by its managing officers, employees, or agents while the funds are in the possession of such managing officers, employees or agents. Such funds are designated as follows:
(A) Funds which are due and payable to the treasurer of state as provided by Chapter 131. of the Revised Code;
(B) Those funds which are held in trust by the managing officers, employees, or agents of the institution as local funds or accounts under the jurisdiction of the department.
Such contract of indemnity shall be made payable to the state and the premium for such contract of indemnity may be paid from any of the moneys received for the use of the department under this chapter and Chapters 5121. and 5122. of the Revised Code.
Funds collected from various sources, such as the sale of goods, and all miscellaneous articles, shall be transmitted on or before Monday of each week to the treasurer of state and a detailed statement of such collections shall be made to the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.55 | Payment for Personal Use of Resident Eligible for Supplemental Social Security Benefits.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may pay an amount for personal use to each individual residing in a state institution as described in section 5119.14 of the Revised Code who would be eligible for supplemental security income benefits at the reduced rate established by Title XVI of the "Social Security Act," 42 U.S.C. 1381 et seq., if the medicaid program covers services provided in such institutions. The amount paid by the department shall not exceed the reduced supplemental security income benefit rate established by Title XVI of the "Social Security Act."
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.60 | Annual Report.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The department of mental health and addiction services shall submit an annual report to the governor that shall describe the services the department offers and how appropriated funds have been spent. The report shall include all of the following:
(A) The utilization of state hospitals by each alcohol, drug addiction, and mental health service district;
(B) The number of persons served by community addiction services providers that receive funds distributed by the department, with a breakdown into categories including age, sex, race, the type of drug to which the person is addicted, and any other categories the director of mental health and addiction services considers significant;
(C) The number of persons with severe mental disabilities served in each district;
(D) The number and types of addiction services, mental health services, and recovery supports provided to persons with severe mental disabilities through state-operated services, community addiction services providers, and community mental health services providers;
(E) A report measuring the success of community addiction services providers, based on the measures for accountability developed by the department, including the percentage of persons served by such community addiction services providers who have not relapsed;
(F) Any other information that the director considers significant or is requested by the governor.
Last updated March 1, 2023 at 3:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.61 | Statistics Concerning Care, Treatment and Rehabilitation.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of mental health and addiction services shall collect and compile statistics and other information on the care and treatment of persons with mental disabilities, and the care, treatment, and rehabilitation of persons with alcohol use disorder, persons with drug dependencies, persons in danger of drug dependence, and persons with or in danger of developing a gambling addiction in this state. The information shall include, without limitation, information on the number of such persons, the type of drug involved, if any, the type of care, treatment, or rehabilitation prescribed or undertaken, and the success or failure of the care, treatment, or rehabilitation. The department shall collect information about addiction services, mental health services, and recovery supports delivered and persons served as required for reporting and evaluation relating to state and federal funds expended for such purposes.
(B) No community addiction services provider or community mental health services provider shall fail to supply statistics and other information within its knowledge and with respect to its addiction services, mental health services, and recovery supports upon request of the department.
(C) Communications by a person seeking aid in good faith for alcohol use disorder or drug dependence are confidential, and this section does not require the collection or permit the disclosure of information which reveals or comprises the identity of any person seeking aid.
(D) Based on the information collected and compiled under division (A) of this section, the department shall develop a project to assess the outcomes of persons served by community addiction services providers and community mental health services providers that receive funds distributed by the department.
(E) The director of mental health and addiction services may fine a community addiction services provider or community mental health services provider for violating division (B) of this section. In determining whether to impose a fine, the director shall consider whether the provider has engaged in a pattern of noncompliance. If a fine is imposed, it shall be one thousand dollars for a first failure to comply with division (B) of this section and two thousand dollars for each subsequent failure. The director's actions in imposing a fine shall be taken in accordance with Chapter 119. of the Revised Code.
All fines collected under this division shall be deposited in the state treasury to the credit of the department's statewide treatment and prevention fund created by section 4301.30 of the Revised Code.
Last updated October 4, 2023 at 12:44 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.71 | Duties of Compact Administrators.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Pursuant to Article X of the compact set forth in section 5119.70 of the Revised Code, the director of mental health and addiction services and the director of developmental disabilities each shall designate an officer who shall be the compact administrator for the department and who, acting jointly with like officers of other party states, shall adopt rules to carry out more effectively the terms of the compact. The compact administrators of each department shall serve subject to the pleasure of the governor and shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreements entered into by this state thereunder.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.72 | Supplementary Agreements.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact set forth in section 5119.70 of the Revised Code. In the event that such supplementary agreements require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of such service.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.73 | Financial Obligations.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Any payments necessary to discharge any financial obligations imposed upon the state of Ohio by the compact or by any supplementary agreement entered into thereunder, as provided in sections 5119.70 to 5119.72 of the Revised Code, shall be made from appropriated funds upon presentation to the director of budget and management of itemized vouchers approved by the compact administrator.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.89 | Consumer and Payer Education on Mental Health and Addiction Services Insurance Parity; Hotline.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The director of mental health and addiction services shall consult with the superintendent of insurance as required by section 3901.90 of the Revised Code to develop consumer and payer education on mental health and addiction services insurance parity and establish and promote a consumer hotline to collect information and help consumers understand and access their insurance benefits.
The department of mental health and addiction services and the department of insurance shall jointly report annually on the departments' efforts, which shall include information on consumer and payer outreach activities and identification of trends and barriers to access and coverage in this state. The departments shall submit the report to the general assembly, the joint medicaid oversight committee, and the governor, not later than the thirtieth day of January of each year.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.90 | Definitions for Sections 5119.90 to 5119.98.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in sections 5119.90 to 5119.98 of the Revised Code:
(A) "Alcohol and other drug abuse" means alcohol use disorder or drug addiction.
(B) "Another drug" means a controlled substance as defined in section 3719.01 of the Revised Code or a harmful intoxicant as defined in section 2925.01 of the Revised Code.
(C) "Board of alcohol, drug addiction, and mental health services" means a board of alcohol, drug addiction, and mental health services established under section 340.02 or 340.021 of the Revised Code.
(D) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others.
(E) "Hospital" has the same meaning as in section 3701.01 or 3727.01 of the Revised Code but does not include either a hospital operated by the department of mental health and addiction services or an inpatient unit licensed by the department.
(F) "Intoxicated" means being under the influence of alcohol, another drug, or both alcohol and another drug and, as a result, having a significantly impaired ability to function.
(G) "Petitioner" means a person who institutes a proceeding under sections 5119.91 to 5119.98 of the Revised Code.
(H) "Probate court" means the probate division of the court of common pleas.
(I) "Qualified health professional" means a person that is properly credentialed or licensed to conduct a drug and alcohol assessment and diagnosis under Ohio law.
(J) "Residence" means the legal residence of a person as determined by applicable principles governing conflicts of law.
(K) "Respondent" means a person alleged in a petition filed or hearing under sections 5119.91 to 5119.98 of the Revised Code to be a person who is experiencing alcohol and other drug abuse and who may be ordered under those sections to undergo treatment.
(L) "Treatment" means services and programs for the care and rehabilitation of intoxicated persons and persons experiencing alcohol and other drug abuse. "Treatment" includes residential treatment, a halfway house setting, and an intensive outpatient or outpatient level of care.
Last updated October 4, 2023 at 12:46 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.91 | Involuntary Treatment for Alcohol and Other Drug Abuse.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
A probate court may order involuntary treatment for a person experiencing alcohol and other drug abuse pursuant to the procedures set forth in sections 5119.90 to 5119.98 of the Revised Code.
Last updated March 10, 2023 at 12:50 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.92 | Criteria for Involuntary Treatment.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
No person shall be ordered to undergo treatment under sections 5119.90 to 5119.98 of the Revised Code unless all of the following apply to that person:
(A) The person experiences alcohol and other drug abuse.
(B) The person presents an imminent danger or imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse, or there exists a substantial likelihood of such a threat in the near future.
(C) The person can reasonably benefit from treatment.
Last updated March 10, 2023 at 12:51 PM