Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-09 - Disqualifying offenses exclusionary periods; certificates; pardons

Current through all regulations passed and filed through July 1, 2024
(A)
								Disqualifying offense exclusionary periods: Except as
			 set forth in paragraphs (B), (C) and (D) of this rule, a home health agency may
			 employ an applicant or continue to employ an employee who has been convicted
			 of, pleaded guilty to, or found eligible for intervention in lieu of conviction
			 guilty of an offense listed in rule
			 3701-60-08 of the Administrative
			 Code in a position involving providing direct care to an individual pursuant to
			 the following exclusionary periods:
(1)
									Tier I: permanent exclusion: No home health agency
			 shall employ an applicant or continue to employ an employee in a position
			 involving providing direct care to an individual who has been convicted of, or
			 pleaded guilty to, an offense in any of the following sections of the Revised
			 Code or an offensce of any existing or former municipal ordinance or law of
			 this state, any other state, or the United States that is substantially
			 equivalent to any of the following sections of the Revised Code:
(a)
										2903.01 (aggravated
			 murder);
(b)
										2903.02(murder);
(c)
										2903.03 (voluntary
			 manslaughter);
(d)
										2903.06 (aggravated vehicular
			 homicide, vehicular homicide, vehicular manslaughter
(e)
										2903.08 (aggravated vehicular
			 assault, vehicular assault);
(f)
										2903.11 (felonious
			 assault);
(g)
										2903.15 (permitting child
			 abuse);
(h)
										2903.16 (knowingly or recklessly
			 failing to provide for a functionally-impaired person);
(i)
										2903.34 (patient abuse, gross
			 patient abuse, patient neglect);
(j)
										2903.341 (patient
			 endangerment);
(k)
										2905.01(kidnapping);
(l)
										2905.02(abduction);
(m)
										2905.32 (trafficking in
			 persons);
(n)
										2905.33 (unlawful conduct with
			 respect to documents);
(o)
										2907.02(rape);
(p)
										2907.03 (sexual
			 battery);
(q)
										2907.04 (unlawful sexual conduct
			 with a minor, formerly corruption of a minor);
(r)
										2907.05 (gross sexual
			 imposition);
(s)
										2907.06 (sexual
			 imposition);
(t)
										2907.07(importuning);
(u)
										2907.08(voyeurism);
(v)
										2907.12 (felonious sexual
			 penetration);
(w)
										2907.31 (disseminating matter
			 harmful to juveniles);
(x)
										2907.32 (pandering
			 obscenity);
(y)
										2907.321 (pandering obscenity
			 involving a minor or impaired person);
(z)
										2907.322 (pandering
			 sexually-oriented matter involving a minor or impaired person);
(aa)
										2907.323 (illegal use of a minor
			 or impaired person in nudity-oriented material or performance);
(bb)
										2909.22 (soliciting or providing
			 support for an act of terrorism);
(cc)
										2909.23 (making a terroristic
			 threat);
(dd)
										2909.24(terrorism);
(ee)
										2913.40 (medicaid
			 fraud);
(ff)
										If related to another offense under paragraph (A)(1) of
			 this rule, 2923.01(conspiracy),
			 2923.02(attempt),
			 or 2923.03(complicity);
			 or