reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-22 - Resident rights and grievance procedure for class one facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								The operator shall be responsible for assuring the
			 compliance by the facility with all resident rights. Facility violations of
			 resident rights shall be regarded as sufficient cause to institute proceedings
			 to deny or revoke the facility's license.
(B)
								In addition to
			 the definitions appearing in rule
			 5122-30-03 of the
			 Administrative Code, the following definitions apply to this rule:
(1)
									 "Grievance"
			 means a written complaint initiated either verbally or in writing by a resident
			 or by any other person or agency on behalf of a resident regarding denial or
			 abuse of any resident's rights.
(2)
									"Reasonable"
			 means a standard for what is fair and appropriate under usual and ordinary
			 circumstances.
(3)
									"Resident rights advocate" means the residential
			 facility staff, or a representative of the state long-term care ombudsman
			 program, with responsibility for implementing the grievance
			 procedure.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-22.1 - Resident rights and grievance procedure for class two and class three facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								The operator
			 shall be responsible for assuring the compliance by the facility with all
			 resident rights. Facility violations of resident rights shall be regarded as
			 sufficient cause to institute proceedings to deny or revoke the facility's
			 license.
(B)
								In addition to the definitions appearing in rule
			 5122-30-03 of the
			 Administrative Code, the following definitions apply to this rule:
(1)
									 "Grievance"
			 means a written complaint initiated either verbally or in writing by a resident
			 or by any other person or agency on behalf of a resident regarding denial or
			 abuse of any resident's rights.
(2)
									"Reasonable"
			 means a standard for what is fair and appropriate under usual and ordinary
			 circumstances.
(3)
									"Resident rights advocate" means the residential
			 facility staff, or a representative of the state long-term care ombudsman
			 program, with responsibility for implementing the grievance
			 procedure.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-25 - Skilled nursing care and changes in a resident's health status

Current through all regulations passed and filed through July 1, 2024
(A)
								A class two or class three facility may not provide
			 physical health care activities for the treatment of a serious illness or
			 disease, defined as skilled nursing care in accordance with section
			 3721.01 of the Revised Code.
			 Skilled nursing care shall be considered to be provided by a residential
			 facility if it is provided by a person employed by or associated with the
			 facility, including a home healthcare company owned by or associated with the
			 owner/operator, or by another person pursuant to an agreement to which neither
			 the resident who receives the services nor their custodian or legal guardian is
			 a party. In the event of such serious illness or disease, the resident may make
			 arrangements for necessary home health, visiting nurse, or similar services. If
			 the resident need assistance in making arrangements, staff of a class 2
			 facility shall assist the resident in making these arrangements or assure
			 another entity is available to provide the assistance.
"Skilled nursing care" means procedures
				that require technical skills and knowledge beyond those the untrained person
				possesses and that are commonly employed in providing for the physical, mental,
				and emotional needs of the ill or otherwise incapacitated. "Skilled nursing
				care" includes, but is not limited to, the following:
(1)
									Irrigations,
			 parameterizations, application of dressings, and supervision of special
			 diets;
(2)
									Objective observation of changes in the patient's
			 condition as a means of analyzing and determining the nursing care required and
			 the need for further medical diagnosis and treatment;
(3)
									Special
			 procedures contributing to rehabilitation;
(4)
									Administration of
			 medication by any method ordered by a physician, such as hypodermically,
			 rectally, or orally, including observation of the patient after receipt of the
			 medication;
(5)
									Administering tube or syringe feedings or parenteral
			 nutrition;
(6)
									Carrying out other treatments prescribed by the
			 physician that involve a similar level of complexity and skill in
			 administration.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-26 - Provisions of personal care in class one and two facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								The provisions of this rule are applicable to class one
			 and two residential facilities which are required to provide personal care
			 services. The provision of room and board shall be secondary or ancillary to
			 the primary purpose of the facility to provide personal care, but the provision
			 of room and board for an individual resident need not terminate in the event
			 that personal care assistance is no longer needed by or is being provided for
			 the individual resident. Additionally, the facility may admit a person not in
			 need of personal care, but shall be required to be licensed as a class two
			 facility if the facility provides personal care to at least one resident with
			 mental illness or provides personal care to at least three residents, unless
			 the facility is otherwise required to be licensed as a class one facility. The
			 provision of personal care service to a child or adolescent shall also include
			 the consent of the parent, guardian or custodian, as appropriate. Such personal
			 care to a child or adolescent shall be age appropriate, and consistent with
			 specified client rights requirements.
For the purposes of this rule, personal
				care services shall be considered to be provided by a facility if they are
				provided by a person employed by or associated with the facility or by another
				person pursuant to an agreement to which neither the resident who receives the
				services nor his or her sponsor is a party.
(B)
								Personal care
			 services include, but are not limited to, the following:
(1)
									Assistance with
			 walking and moving, dressing, grooming, toileting, oral hygiene, hair care,
			 dressing, eating, and nail care.
(2)
									Budgeting and
			 teaching of money management skills.
(3)
									Assistance with
			 self-administration of medication in accordance with rule
			 5122-30-28 of the
			 Administrative Code.
(4)
									Preparation of special diets, other than complex
			 therapeutic diets, for residents who require them, pursuant to the instructions
			 of a physician or a licensed dietitian and in accordance with paragraph (B) of
			 rule
			 5122-33-20 of the
			 Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-27 - Transfer and discharge rights

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Discharge" means a permanent movement of
			 a resident to another facility that is not under the jurisdiction of the owner
			 or manager.
(2) "Emergency" means a
			 situation which creates an imminent risk of substantial harm to the individual
			 or other household members in the facility, if immediate action is not
			 taken.
(3) "Transfer" means a
			 temporary or permanent movement of a resident between facilities under the
			 jurisdiction of the owner or manager.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-28 - Medication

Current through all regulations passed and filed through July 1, 2024
(A)
								Residential facilities may store medications at a
			 separate licensed residential facility from the one in which the resident lives
			 if the following conditions are met:
(1)
									The residential facility the items are stored at is
			 licensed by the same operator;
(2)
									The medications
			 are readily accessible;
(3)
									The resident receives the medication at the facility in
			 which they live;
(4)
									Time sensitive medications are stored at the resident's
			 facility;
(5)
									The items are not necessary in an emergency;
			 and,
(6)
									Medications are stored in the central locked storage
			 area of the storing residential facility and in the manner required by
			 paragraph (E) of this rule.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-29 - Provision of mental health services in class one facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								
								A class
			 one
								residential
								
								facility
			 shall provide mental health services that are certified in accordance with
			 Chapters 5122-24 to 5122-29 of the Administrative Code.
(1) In a 
									class one facility, the primary
			 purpose shall be to provide room and board, personal care, and mental health
			 services either to meet a temporary need, or as long-term assistance. The
			 provision of room and board and personal care shall be secondary or ancillary
			 to the primary purpose of the facility to provide mental health services, but
			 the provision of room and board, or personal care for an individual resident
			 need not terminate in the event that mental health services are no longer
			 needed by and being provided for the individual resident. Additionally, the
			 facility may admit a person not in need of personal care and mental health
			 services, but shall be required to be licensed as a 
									class one
			 facility if the facility provides mental health services to at least one
			 resident.
(2) The role and function
			 of crisis stabilization units is to provide better intensive residential
			 support with treatment in an appropriate setting less restrictive than that of
			 inpatient care. Crisis stabilization units may appropriately accept individuals
			 placed by probate court order, including individuals under court order to take
			 their medications. However, crisis stabilization units may not forcibly
			 administer medications (except in emergencies) . Individuals whose care and
			 supervision requires these steps should be hospitalized, where higher standards
			 of care apply.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-30 - Social, recreational and leisure activities

Current through all regulations passed and filed through July 1, 2024
(A)
								Each class one
			 and class two residential facility shall encourage residents to participate in
			 social, recreational, and leisure activities.
(B)
								Residents of
			 class two facilities and class one facilities shall be encouraged to
			 participate in community activities and social events. The facility staff shall
			 demonstrate a reasonable effort to facilitate and support such involvement by
			 providing at least one local daily newspaper or current community activity
			 brochures and advertisements, and provide transportation or information about
			 the accessibility of transportation.
(C)
								Each class one
			 and class two residential facility shall provide, at a minimum, all of the
			 following:
(1)
									Leisure time activities appropriate to the age and sex of
			 the residents. Examples of leisure activities include crafts, books, magazines
			 and games.
(2)
									A residential care facility shall make available
			 recreational equipment and activities sufficient to implement recreational
			 programs to encourage physical activity. All recreational equipement necessary
			 for the implementation of recreation programs shall be maintained in a safe and
			 usable condition.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-31 - Background investigations for employment

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to establish
			 procedure for conducting background investigations for
			 owners, operators, prospective operators, managers, staff,
			 volunteers, students, interns and other
			 individuals  employed by
			 or seeking employment by a residential
			 facility.
(B)
			 Definitions.
(1) "Applicant" means a person
			 who is under final consideration for employment with a residential
			 facility.
(2) "Criminal records
			 check" has the same meaning as is section
			 109.572 of the Revised Code.
(3) "Department" means the Ohio
			 department of mental health and addiction services.
(4) "Disqualifying
			 offense" means any of the offenses listed or described in divisions (A)(3)(a)
			 to (A)(3)(e) of section
			 109.572 of the Revised
			 Code.
(5) "Employee" means a person employed
			  by a residential facility, a contract
			 staff, or a person working as a volunteer, student or intern, regardless of
			 whether the person is compensated. Contract worker does not include a person or
			 company with whom the provider contracts to perform occasional maintenance such
			 as lawn care, snow removal, painting, etc.
(6) "Individual" means
			 a resident of a residential facility.
(7) "Minor drug
			 possession offense" has the same meaning as in section
			 2925.01 of the Revised
			 Code.
(8) "Multiple disqualifying offenses" means two or
			 more convictions or guilty pleas to disqualifying offenses. Convictions or
			 guilty pleas resulting from or connected with the same act, or resulting from
			 offenses committed at the same time, shall be counted as one conviction or
			 guilty plea.
(9) "Residential facility" has the same meaning as
			 found in section 5119.34 of the Revised
			 Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-32 - Qualified residential treatment program (QRTP)

Current through all regulations passed and filed through July 1, 2024
(A)
								A class one
			 residential facility that is licensed by the Ohio department of mental health
			 and addiction services (OhioMHAS) and accepts children (youth) for placement is
			 to comply with the standards in this rule. Residential facilities whose initial
			 licensure date is on or after October 1, 2020 are to be compliant with this
			 rule in order to become licensed. Facilities licensed prior to October 1, 2020
			 have until October 1, 2024 to become compliant with the requirements related to
			 meeting QRTP standards. In order to maintain title IV-E reimbursability,
			 providers are to meet the standards in this rule by October 1,
			 2021.
(B)
								Residential facilities are to comply with the following
			 standards:
(1)
									Has a residential program that is accredited by at least one
			 of the following national accrediting bodies and provides ongoing proof of such
			 accreditation status to OhioMHAS:
(a)
										Commission on accreditation of rehabilitation
			 facilities.
(b)
										Joint commission on accreditation of healthcare
			 organizations.
(c)
										Council on accreditation.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-32 - Designated Forensic Evaluation Centers › Section 5122-32-01 - Designated forensic evaluation centers

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to establish
			 standards regulating the eligibility and accountability requirements for state
			 funding to designated forensic evaluation centers to provide forensic
			 evaluation services to the general division of
			 courts of common pleas for:
(1) Adults;
			 or,
(2) Juveniles whose cases have
			 been transferred in accordance with sections
			 2152.10
			 and
			 2152.12 of the
			 Revised Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-34 - Physician Loan Repayment › Section 5122-34-01 - Clinician loan repayment

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "advanced practice registered nurse," "clinician," "physician," and
			 "physician assistant" have the same meanings as in section
			 5119.185 of the Revised
			 Code.
(B)
								The department has established a clinician loan
			 repayment program to enhance its ability to recruit and retain physicians
			 (including psychiatrists), advanced practice registered nurses, and physician
			 assistants as civil service employees in the department's regional psychiatric
			 hospitals. The director or the director's designee, in consultation with the
			 department's medical director, is to designate which regional psychiatric
			 hospitals, on an as needed basis, may implement the clinician loan repayment
			 program.
(C)
								To be approved for loan repayment, a clinician is to
			 have attended a school specified in division (B)(1), (B)(2), or (B)(3) of
			 section 5119.185 of the Revised Code, as
			 applicable, meet criteria for civil service employment, and be willing to
			 execute a contract with the department that includes the terms in paragraph (F)
			 of this rule.
(D)
								Subject to the limits in paragraph (E) of this rule,
			 the department may repay all or a portion of the principal, interest, or
			 related expenses of a government or commercial educational loan a clinician has
			 incurred for the expenses specified in division (C)(2) of section
			 5119.185 of the Revised Code
			 that are directly related to the clinician's education for the relevant
			 clinical degree or specialty training. The department will neither repay taxes
			 the clinician has paid on loan amounts or taxes incurred in the receipt of the
			 clinician loan repayment benefit nor pay an amount that exceeds the amount
			 incurred by the clinician during the loan repayment agreement period.
(1)
									The criteria the
			 department will consider when determining the portion of an individual
			 clinician's loan the department will repay are all of the following:
(a)
										The amount of
			 funds available pursuant to section
			 126.07 of the Revised
			 Code;
(b)
										The number of clinicians eligible or potentially
			 eligible for loan repayment;
(c)
										The department's
			 staffing needs;
(d)
										Economic and market factors affecting the department's
			 ability to recruit and retain that particular type of
			 clinician.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-36 - Residential State Supplement Program › Section 5122-36-01 - Purpose and definitions

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of the RSS program is to
			 provide cash assistance to medicaid-eligible aged, blind, or disabled adults
			 who have increased needs due to a medical or behavioral health condition which
			 may not be severe enough to require institutionalization. The RSS cash payment
			 is used together with the individual's personal income to help prevent
			 premature or unnecessary institutionalization and to deinstitutionalize those aged, blind, or
			 disabled adults who do not need care
			 in a long term care facility and are able to return to the community
			 through alternative living arrangements. OhioMHAS is
			 the RSS administrative agency, although area agencies on aging assist with
			 level of care determinations and county departments of job and family services
			 determine financial eligibility for the program.
(B) Definitions
As used throughout this chapter, the following definitions
				apply:
(1) "RSS" means the residential
			 state supplement program implemented under section
			 5119.41
			 of the Revised Code.
(2)
			 "Individual" means a person who is applying for or receiving RSS
			 payments.
(3) "CDJFS" means "county department of job
			 and family services."
(4)
									"OhioMHAS" means
			 the Ohio department of mental health and
			 addiction services.
.
(5)
									"Legal representative" means a
			 person that an individual or probate court designates to make decisions for the
			 individual. Examples of types of legal representatives are guardians,
			 conservators, and attorneys-in-fact who are nominated through a power of
			 attorney, including a durable power of attorney for health
			 care.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-36 - Residential State Supplement Program › Section 5122-36-03 - Application process

Current through all regulations passed and filed through July 1, 2024
(A)
								An individual or
			 legal representative may apply for the RSS program by submitting an ODM 07120
			 form
								or its
			 electronic equivalentto the appropriate CDJFS or by applying
			 through an electronic system designated by OhioMHAS. In addition,
			 the individual or legal representative will include
			 with the RSS application an application for
			 medicaid if the individual is not currently 
								a medicaid
			 recipient.
(B) OhioMHAS will record the
			 following information about the individual:
(1) The individual's name, address, telephone
			 number, date of birth, and social security number;
(2) If the individual
			 has a legal representative, the legal representative's name, address, and
			 telephone number; and
(3)
			 Whether the individual receives social security, SSI, or SSDI
			 benefits.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-36 - Residential State Supplement Program › Section 5122-36-05 - Determination of RSS payment

Current through all regulations passed and filed through July 1, 2024
(A) The amount of each RSS payment is
			 determined in accordance with paragraph (G) of rule
			 5160:1-5-01 of the
			 Administrative Code.
(B) The
			 allowable fee is the amount an individual receiving RSS payments pays to a
			 living arrangement and is one thousand 
								six hundred dollars per month.
(C) The personal needs allowance is at least
			 two hundred dollars per month.
(D)
			 The approval date for the an individual's RSS payment is determined by OhioMHAS
			 and does not occur before the date of placement in a living arrangement that
			 meets all the criteria in paragraph (A) of rule
			 5122-36-04 of the Administrative
			 Code or the date when all financial and non-financial eligibility requirements
			 are met, whichever occurs last.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-02 - State opioid treatment authority

Current through all regulations passed and filed through July 1, 2024
The department shall designate an individual within the
				department to serve as the state authority to provide technical assistance to
				opioid treatment programs and the state oversight authority. The powers and
				duties of the state authority include, but are not limited to, the
				following:
(A) Assist in the
			 development and implementation of rules, regulations, standards and best
			 practice guidelines to assure the quality of services delivered by opioid
			 treatment programs.
(B) Act as a
			 liaison between relevant state and federal agencies.
(C) Review opioid treatment guidelines,
			 rules, regulations and recovery models for individualized treatment plans of
			 care developed by the federal government and other nationally recognized
			 authorities approved by the department.
(D) Coordinate initial licensure between the
			 department and other licensing, accrediting, and certifying entities as
			 required in this paragraph.
(E)
			 Assure delivery of technical assistance and informational materials to opioid
			 treatment programs as needed.
(F)
			 Perform both scheduled and unscheduled site visits to opioid treatment programs
			 in cooperation with the identified state oversight office when necessary and
			 appropriate.
(G) Consult with the
			 federal government regarding approval or disapproval of requests for exceptions
			 to federal regulations, where appropriate.
(H) Receive and refer patient appeals and
			 grievances to the designated state oversight agency when appropriate.
(I) Review program monitoring activities
			 pursuant to rule
			 5122-40-08 of
			 the Administrative Code.
(J) Review
			 diversion control plan pursuant to rule
			 5122-40-10 of the
			 Administrative Code
(K) Review
			 opioid treatment programs' disaster planning efforts pursuant to rule
			 5122-40-12 of the
			 Administrative Code.
(L) Review
			 opioid treatment programs' evaluation activities efforts pursuant to rule
			 5122-40-13
			 of the Administrative Code.
(M)
			 Work cooperatively with other relevant state agencies to determine the services
			 needed and the location of a proposed opioid treatment program.
(N) Notify the substance abuse and mental
			 health services administration, the United States drug enforcement
			 administration, the Ohio board of pharmacy, and the Ohio medical board of any
			 official action taken against an opioid treatment program.
(O) The state authority shall approve
			 medication exception requests for 
								opioid treatment programs operated by the
			 department of veterans affairs, the Indian health service or any other
			 department or agency of the United States.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-03 - Issuance of licenses

Current through all regulations passed and filed through July 1, 2024
(A) The department may issue a license for
			 the program only if it has been determined to the department's satisfaction
			 that the program is adequately staffed and equipped to maintain an opioid
			 treatment program by demonstrating compliance with the licensure requirements
			 set forth in section
			 5119.37
			 of the Revised Code and Chapter 5122-40 of the Administrative Code.
The department shall not issue a license if program cannot
				affirmatively demonstrate that it will maintain strict compliance with all laws
				relating to drug abuse or this chapter.
(B) The state authority shall coordinate the
			 licensure process among the licensing authorities including the department,
			 SAMHSA, the United States drug enforcement administration, and the state board
			 of pharmacy.
(C) A license to
			 operate an opioid treatment program is for a two-year time
			 period, unless the department stipulates the opioid
			 treatment program license period will be one year as described in paragraph (D)
			 of this rule.
(D)
								The department may stipulate an annual renewal of an
			 opioid treatment program license for a program that the department has concerns
			 regarding either compliance with Chapter 5122-40 of the Administrative Code or
			 active investigations by other state or federal regulating entities. Any
			 decision the department makes pursuant to this chapter is final and not subject
			 to appeal, or further review under Chapter 119. of the Revised Code.
(1)
									Each program with
			 which the department has concerns will be given a three-month period in which
			 to make corrections based on the department's written findings of
			 non-compliance. The three-month period will begin on the date which the
			 department sends the findings to the opioid treatment program.
(2)
									If the department
			 determines that corrections have not been made at the end of the three-month
			 period, the department may change the opioid treatment program license to a
			 one-year license period beginning on a date determined by the
			 department.
(3)
									The opioid treatment program will return to a two-year
			 license period upon the completion of two annual licensure periods with no
			 significant findings.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-04 - General licensure requirements

Current through all regulations passed and filed through July 1, 2024
(A) An alcohol and drug addiction program
			 desiring to obtain an initial license or renew a license as an opioid treatment
			 program shall:
(1) Be certified as a provider
			 pursuant to Chapter 5122-25 of the Administrative Code at a minimum for the
			 following services:
(a) General services in
			 accordance with rule
			 5122-29-03 of
			 the Administrative Code;
(b) SUD
			 case management services in accordance with rule
			 5122-29-13
			 of the Administrative Code; and,
(c) Crisis intervention in accordance with
			 rule
			 5122-29-10
			 of the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-05 - Personnel

Current through all regulations passed and filed through July 1, 2024
(A) Each licensed
			 opioid treatment program 
								will have a program sponsor, who is the person
			 that assumes responsibility for the operation of and the employees of the
			 opioid treatment component of a community addiction services provider. The
			 program sponsor 
								will agree on behalf of the opioid treatment
			 program to adhere to all requirements set forth in federal or state laws,
			 rules, or regulations regarding the use of medications in the treatment of
			 opioid use disorder.
(1) The program sponsor
			 is responsible for the general establishment, certification, licensure, and
			 operation of the opioid treatment program.
(2) The program sponsor need not be a
			 licensed physician. If the program sponsor is not a licensed physician, the
			 opioid treatment program 
									will employ a licensed physician for the position
			 of medical director.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-06 - Medication administration

Current through all regulations passed and filed through July 1, 2024
(A) Medication administration shall consist
			 of face-to-face interactions with patients, and methadone medication shall only
			 be administered or dispensed in oral, liquid doses.
(B) Medication  administration shall be provided
			 in a manner to ensure privacy.
(C)
			 Methadone medication shall only be administered orally.
(D) Opioid treatment programs are permitted
			 to establish medication units following the guidelines of 42 CFR part 8
			 subsection 8.11(i)(1).
(E)
								Medication shall be
			 
								administered by individuals who have one or more of
			 the following credentials from the applicable state of Ohio board:
(1) Licensed physician;
(2) Pharmacist who is authorized to manage
			 drug therapy pursuant section
			 4729.39
			 of the Revised Code but only if specifically authorized by a consult agreement
			 and to the extent specified in the agreement;
(3) Registered nurse;
(4) Licensed practical nurse who has proof of
			 completion of a course in medication administration approved by the Ohio board
			 of nursing; or,
(5) Physician
			 assistant who has proof of completion of a course in medication administration
			 approved by the state medical board of Ohio.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-07 - Program policies and patient records

Current through all regulations passed and filed through July 1, 2024
(A) Each opioid treatment program
			 
								will
			 have written policies or procedures that include, but are not limited to, the
			 following:
(1) Admission criteria for
			 adolescents and adults for medication maintenance and detoxification, including
			 at a minimum:
(a) Determination by an
			 individual qualified to diagnose by their scope of practice that the patient is
			 currently dependent on an opioid drug according to the current diagnostic and
			 statistical manual for mental disorders or the international statistical
			 classification of diseases and related health problems;
(b) A
			 patient under eighteen years of age 
										will have two documented unsuccessful attempts at
			 short-term detoxification or alcohol and other drug treatment within a
			 twelve-month period and 
										will have written consent for maintenance from a
			 parent or legal guardian; and,
(c)
										Any other federal admission
			 requirements.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-08 - Monitoring program

Current through all regulations passed and filed through July 1, 2024
(A) Each opioid treatment program shall
			 review state's drug database as described in section
			 4729.75
			 of the Revised Code (the prescription drug monitoring program) database
			 maintained by the state board of pharmacy.
(1) Program physicians, or their designees as
			 allowed by the Ohio board of pharmacy, shall review a patient's information in
			 the database:
(a) At the patient's
			 intake;
(b) At the initiation of
			 treatment;
(c) After the initial
			 thirty days of treatment;
(d) When
			 the number of take home doses is increased;
(e) Every ninety days;
(f) When a patient refuses to participate in
			 a drug screen; and,
(g) After any
			 positive drug test indicating any drug screen inconsistent with the patient's
			 treatment plan.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-09 - Non-medication services

Current through all regulations passed and filed through July 1, 2024
(A) Opioid treatment programs shall provide
			 at a minimum, the following services:
(1) The
			 general services, SUD case management services, and crisis intervention
			 services pursuant to Chapter 5122-29 of the Administrative Code.
(2) Vocational rehabilitation, education and
			 employment services for patients who either request these services or who have
			 been determined by the program staff to be in need of these services.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-10 - Diversion

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 
								opioid
			 treatment program shall, as part of its quality improvement plan, have a
			 diversion control plan that contains specific measures to reduce the
			 possibility of diversion of controlled substances from legitimate treatment use
			 and that assigns specific responsibility for implementing the plan to the
			 medical and administrative staff of the program.
(1) The diversion control plan shall be
			 reviewed and approved by the state authority.
(2) Diversion control plans shall minimize
			 the diversion of medications used for medication
			 assisted treatment to illicit use. The plan shall include:
(a) Clinical and administrative continuous
			 monitoring of the potential for and actual diversion including an
			 investigation, tracking and monitoring system of incidents of diversion;
			 and,
(b) Proactive planning and
			 procedures for problem identification, correction and prevention.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-11 - Toxicology

Current through all regulations passed and filed through July 1, 2024
Each 
								opioid treatment program shall have written
				procedures for toxicology screening that include, at a minimum:
(A) Requirement that an initial toxicology
			 screening be performed for each prospective  patient as part of the documented
			 physical evaluation completed by a physician prior to admission. The results of
			 all tests must be received within fourteen days following admission.
(B) Requirement that a toxicology screening
			 be performed monthly for each 
			 patient.
(1) This requirement may be reduced
			 to two toxicology screenings per quarter if the patient has had more than
			 twenty-four consecutive months of negative screens.
(2) The failure of a toxicology screening due
			 to illicit drug use shall result in a return to monthly screening.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-12 - Disaster plan

Current through all regulations passed and filed through July 1, 2024
(A) Each opioid treatment program shall
			 maintain an up-to-date disaster plan that addresses emergency situations
			 including fire emergencies, tornadoes, earth quakes, flooding, winter storms,
			 and involuntary temporary or permanent facility closure.
(B) Opioid treatment programs shall establish
			 a health and safety committee that initiates planning actions for disaster
			 scenarios. This committee shall:
(1) Identify
			 internal resources and areas of need that shall include at minimum:
(a) Personnel training;
(b) Equipment needs;
(c) Evacuation plans;
(d) Backup systems for payroll, billing
			 records, and patient records; and,
(e) Communications;
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-13 - Evaluation activities

Current through all regulations passed and filed through July 1, 2024
(A) The department shall collect from the
			 central registry system described in rule
			 5122-40-08 of
			 the Administrative Code, on a regular basis the information listed in paragraph
			 (B) of this rule for continuous quality improvement purposes.
(B) The central registry system shall collect
			 and make available to the department the following data:
(1) The total number of patients;
(2) The type of medication assisted treatment
			 used for each patient;
(3) The
			 patient's admission date;
(4) The
			 state residency of each patient;
(5) The housing status of the patient at
			 admission ;
(6) The employment status of the patient at
			 admission ;
(7) The pregnancy status of the
			 patient;
(8) The patient's
			 discharge date;
(9) The date on
			 which the patient is no longer actively receiving treatment, if different than
			 the discharge date;
(10) The
			 patient's discharge reason:
(11)
			 The number and type of administrative and medical withdrawals from the opioid
			 treatment program;
(12)
									The number of overdose episodes experienced while in
			 treatment;
(13)
									The patient's referral source; and,
(14)
									The patient's
			 tobacco use.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-14 - Program withdrawal

Current through all regulations passed and filed through July 1, 2024
(A) Administrative withdrawal is an
			 involuntary withdrawal or administrative discharge from a
			 
								opioid treatment program. The schedule of withdrawal
			 may be brief, less than thirty days if necessary.
(1) Administrative withdrawal may result from
			 any of the following:
(a) Disruptive conduct
			 or behavior considered to have an adverse effect on the program, staff or
			 patient population of such gravity as to justify the involuntary withdrawal and
			 discharge of a patient. Such behaviors may include violence, threat of
			 violence, dealing drugs, diversion of pharmacological agents, repeated
			 loitering, or flagrant noncompliance resulting in an observable, negative
			 impact on the program, staff and other patients;
(b)
			 Incarceration or other confinement;
(c)
										Absence from scheduled treatment appointments;
			 or,
(d)
										Urine drug screens inconsistent with the patient's
			 treatment plan.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-40 - Methadone Treatment License › Section 5122-40-15 - Medication units

Current through all regulations passed and filed through July 1, 2024
(A) Opioid treatment programs may voluntarily
			 establish medication units with the appropriate licensure from the Ohio
			 department of mental health and addiction services, the United States drug
			 enforcement agency, the substance abuse and mental health services agency, and
			 the Ohio board of pharmacy. Medication units will be
			 associated with a single primary opioid treatment program or hub that will
			 oversee their operations. Non-mobile medication units are stationary
			 brick-and-mortar facilities, and mobile medication units are vehicles that may
			 provide health care services traditionally performed at brick-and-mortar opioid
			 treatment programs. All medication units will be licensed and located in
			 accordance with section
			 5119.37 of the Revised Code. All
			 required services that are unable to be performed at the medication unit will
			 be performed by the primary opioid treatment program.
(B)
								
								Non-mobile
			 medication units may be located no further than
			 ninety miles from the primary opioid treatment program in the following
			 venues
								:
(1) Homeless shelters, jails, prisons, or
			 county or local boards of public health;
(2) Federally qualified health
			 centers;
(3) Providers certified to
			 provide ASAM level three residential substance use disorder services in
			 accordance with rule
			 5122-29-09 of the Administrative
			 Code;
(4) Appalachian counties, as defined by
https://www.arc.gov/appalachian_region/CountiesinAppalachia.asp
.
			 These medication units may be opened no closer than forty-five miles and no
			 further than ninety miles 
									from the primary opioid treatment program;
			 or,
(5) Counties with under sixty
			 thousand residents.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-02 - Psychiatric residential treatment facility model

Current through all regulations passed and filed through July 1, 2024
(A)
								Psychiatric
			 residential treatment facility (PRTF) is a trauma informed, inpatient level,
			 intensive multi-disciplinary residential treatment provided in a non-acute
			 setting for youth with complex needs. A PRTF delivers trauma-informed,
			 evidence-based individualized services to youth in order to stabilize behaviors
			 in as short as possible time frame, and help youth and their family or
			 caregiver to develop the knowledge and skills needed to safely manage their
			 needs in the community, so that the youth can succeed in all aspects of
			 community living, e.g. home and family, school, employment,
			 etc.
(B)
								Individuals referred to PRTF programs are youth with
			 complex needs including significant behavioral challenges. These individuals
			 have a mental health diagnosis or co-occurring mental health and other
			 diagnosis, e.g. substance use, intellectual disability, and at least one of the
			 following:
(1)
									Exhibiting severe mental health symptoms at the time of the
			 referral to PRTF.
(2)
									Documented severe functional impairment in comparison
			 to same age peers or same developmental age peers in multiple life domains
			 (school performance, family relationships, interpersonal relations,
			 communication/thought processes, self-care, and community) as reflected in the
			 most recent Ohio children's initiative child and adolescent needs and strengths
			 (CANS) assessment and other clinical documentation. If an Ohio children's
			 initiative CANS assessment has not been completed or did not result in a
			 recommendation of PRTF, clinical documentation indicating severe functional
			 impairment may be used.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-03 - PRTF admission criteria, admissions, and discharges

Current through all regulations passed and filed through July 1, 2024
(A)
								The PRTF will develop its admission criteria and assure
			 that it has the staff and resources available to meet the needs of referred
			 youths who fit its admission criteria. Admission criteria includes attention
			 to:
(1)
									Age.
(2)
									Gender.
(3)
									Behaviors the
			 PRTF will treat, which includes treating aggressive
			 individuals.
(4)
									Exclusionary behaviors or diagnoses that the PRTF will
			 not have the capacity to treat, if any, e.g. sexualized behaviors or eating
			 disorders.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-04 - Youth and family engagement

Current through all regulations passed and filed through July 1, 2024
(A)
								PRTF is a youth
			 and family driven service. The youth and family/caregivers are viewed as full
			 participants in the treatment team and their needs, preferences, and choices
			 are valued and respected.
(B)
								Family is defined by the youth and caregiver in a
			 manner consistent with the OhioRISE care coordination process, and through
			 conversations with the PRTF team and the youth and caregiver.
(C)
								The PRTF will
			 provide the family or caregiver clear communication and explanations related to
			 the youth's service needs at a frequency defined by the youth, their family,
			 and care plan.
(D)
								The youth will be asked directly for their input on and
			 offered choices in their treatment services, Their input and choices are
			 respected and incorporated into the plan of care whenever clinically and
			 developmentally appropriate.
(E)
								The PRTF actively
			 engages the family or caregiver. When applicable, this occurs in partnership
			 with the care management entity or care coordination entity.
(1)
									The family or
			 caregiver is invited to participate in treatment team meetings, which are held
			 at times convenient to the family or caregiver.
(2)
									Families are
			 encouraged to be full participants in their children's ongoing care including
			 participation in clinical appointments. The family or caregiver is invited to
			 participate in family counseling from the time of the youth's placement in the
			 PRTF unless clinically contraindicated and documented.
(3)
									The PRTF will
			 provide additional family services and supports or refer the family or
			 caregiver in collaboration with the child and family team for recommended
			 individualized services and supports in the community, e.g. individual therapy,
			 parenting classes, parent mentors or peer supports, or parenting self-care
			 information, etc.