Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-03 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 definitions apply to Chapter 5122-30 of the Administrative Code.
(1) "Abuse" means any act or absence of
			 action inconsistent with human rights which results or could result in physical
			 injury to a resident unless the act is done in self defense or occurs by
			 accident; any act which constitutes sexual activity, as defined under Chapter
			 2907. of the Revised Code, when such activity would constitute an offense
			 against a resident under Chapter 2907. of the Revised Code; insulting or coarse
			 language or gestures directed toward a resident which subjects the resident to
			 humiliation or degradation; or depriving a resident of real or personal
			 property by fraudulent or illegal means. For children, in addition to the
			 above, the definition of abuse is the same as in sections
			 2919.22 and
			 2151.031 of the Revised
			 Code.
(2)
									"Accommodations" means housing, daily meal preparation,
			 laundry, housekeeping, arranging for transportation, social and recreational
			 activities, maintenance, security, and other services that do not constitute
			 personal care services or skilled nursing care.
(3)
			 "Administration of medication" means the direct application of a single drug to
			 the body of a resident either by injection, inhalation, ingestion or any other
			 means. The complete act of administration entails the following: removal of an
			 individual dose from a previously dispensed, properly labeled container;
			 verification of drug dose with the practitioner's order, properly identifying
			 the resident before giving the individual dose; and properly recording the time
			 and dose given in the resident's integrated clinical record and administered by
			 a licensed professional in accordance with rule
			 5122-30-20
			 of the Administrative Code.
(4) "Adult" means a
			 person eighteen years of age or older, and who is
			 unrelated to the operator.
(5)
									"Adult day care" means non-residential facilities or
			 specifically designated units of operation within an adult care, assisted
			 living residence, nursing home or other type of long term care facility that
			 provides a variety of health, social and related support services in a
			 protective setting during part of the day to aged, infirm or disabled adults
			 who reside elsewhere.
(6)
			 "Application for licensure" means a completed application and all of the
			 information, reports, inspections, and other such materials that are required
			 to be submitted to the department, and all applicable
			 fees.
(7) "Assistance with
			 activities of daily living" (ADL) means advice or
			 aid provided in relation to matters of community living, such as, matters of
			 self care or emotional growth and stability, personal hygiene; bathing,
			 grooming, dressing, eating, interpersonal relationships.
			 Assistance with activities of daily living also means structuring and
			 supervising all activities to promote self care or emotional growth and
			 stability, and to ensure the well-being of the resident, and also includes
			 providing or arranging for the provision of clothing, education, medical and
			 dental care.
(8) "Board" has the
			 same meaning as community mental health board or board of alcohol, drug
			 addiction and mental health services, as defined in Chapter 340. of the Revised
			 Code.
(9) "Certification" means the
			 written authorization from the department for 
									a provider to operate specific
			 services and provide activities according to Chapters 5122-24 to 5122-29 of the
			 Administrative Code.
(10)
									"Chemical restraint" means any medication that alters
			 the functioning of the central nervous system in a manner that limits physical
			 and cognitive functioning to the degree that the resident cannot attain the
			 resident's highest practicable physical, mental, and psychosocial
			 well-being.
(11) "Child or adolescent" means persons under the age
			 of eighteen years, or person with a severe mental
			 disability under the age of twenty-one years.
(12) "Community
			 mental health services provider" has the same meaning
			 as defined in
			 Section 5119.01 of the Revised
			 Code, and may be referred to as a provider.
(13) "Crisis
			 stabilization unit" means a residential unit providing crisis stabilization for
			 persons needing an intermediate level of care. The standard services of
			 general services and
			 crisis intervention are offered. Treatment interventions are focused on
			 stabilizing the current crisis and mobilizing support and resources so that the
			 person can be treated in a less restrictive setting. The unit provides
			  twenty-four hour observation,
			 supervision and voluntary treatment services for individuals who do not require
			 the intensive medical treatment of inpatient care. Length of stay on a crisis
			 stabilization unit is anticipated to be no longer than fourteen days
			 duration.
(14) "Custodian" means one who has been granted the
			 authority or right by a court to exercise care, supervision, or control over a
			 person pursuant to Chapter 2151. of the Revised
			 Code.
(15) "Deficiency" means violations of requirements, or
			 inadequate, or substandard compliance with the requirements of this chapter or
			 Chapters 5122-24 to 5122-29 of the Administrative Code.
(16)
			 "Department" means the Ohio department of mental health and addiction services.
(17) "Director" means
			 the director of the Ohio department of mental health and addiction services.
(18)
			 "Emergency" means an impending or crisis situation which creates circumstances
			 demanding immediate actions for prevention of injury to the person or others.
			 An emergency may be determined by either a licensed physician, registered nurse
			 or other qualified person(s).
(19) "Facility" has
			 the same meaning as residential facility.
(20) "Guardian" means one who has been legally
			 entrusted by a probate court with the custody and
			 control of the person or property of a person pursuant
			 to Chapter 2111. of the Revised Code.
(21) "Hospital" means
			 the same as inpatient psychiatric service provider.
(22) "Household
			 member" means any person living in the residential facility, including but not
			 limited to: residents, the operator, staff, family, or friends of the operator
			 or staff.
(23) "House rules" means those facility policies,
			 requirements, or procedures by which household members, staff, and visitors are
			 expected to comply with, such as smoking areas, meal times, etc.
(24)
			 "Inpatient psychiatric service provider" means a psychiatric hospital, or
			 psychiatric inpatient unit administered by a general hospital, or community
			 mental health 
									services provider or other facility, that
			 provides inpatient psychiatric services.
(25) "ITP" means
			 individualized treatment plan as described in rule
			 5122-27-03 of the Administrative Code.
(26)
			 "License" means the signed, numbered, dated document issued by the department
			 to the facility which specifies the  term of licensure (full, probationary, or interim),
			 the category of facility as defined in division (B) of section
			 5119.34 of the Revised Code, and
			 the resident limitations imposed by the facility category.
(a) "Full license" means a license issued by
			 the  department
			  for the period of
			 
										three
			 years for a class one facility or two years in the case of a class two or three
			 facility in accordance with division (F) of section
			 
											5119.34
										 of the Revised
			 Code.
(b) "Interim license" means a
			 license issued by the  department
			 , which is valid for no
			 more than ninety days. An interim license will be issued in accordance with
			 division (F)
			 of section 
											5119.34
										 of the Revised
			 Code.
(c) "Probationary license"
			 refers to the status of a facility license in which the department determines
			 that circumstances require a temporary interruption in the full licensure
			 cycle. The term of a probationary license shall be determined at the discretion
			 of the department as specified in division (F) of section
			 
											5119.34
										 of the Revised
			 Code.
(27)
									"Manager" means the person responsible for the daily
			 operation of a facility. The manager, operator, and owner of a facility may be
			 the same person.
(28)
									"Mechanical restraint" means any method of restricting
			 a person's freedom of movement, physical activity, or normal use of his or her
			 body, using an appliance or device manufactured for this
			 purpose.
(29) "Mental health resident" means a resident of a
			 residential facility who is an adult with mental illness or a severe mental
			 disability or a child or adolescent with a serious emotional disturbance or in
			 need of mental health services .
(30) "Mental health
			 services" means those services  certified by the department in
			 accordance with Chapter 5122-25 of the Administrative Code.
(31)
			 "Mental illness" means a substantial disorder of thought, mood, perception,
			 orientation, or memory that grossly impairs judgment, behavior, capacity to
			 recognize reality, or ability to meet the ordinary demands of life.
(32)
			 "Neglect" means a purposeful negligent disregard of duty by an employee or
			 staff member. Such duty is one that is imposed on an employee or staff member
			 by statute, rule, or professional standards and which is owed to the person
			 served by that employee or staff person.
(33)
									"Non-ambulatory"
			 means an individual who:
(a)
										is unable to get in and out of bed
			 independently;
(b)
										is unable to walk without physical assistance from
			 another individual; or,
(c)
										requires a wheelchair.
(34) "Operator" means the person or persons,
			 firm, partnership, provider, governing body, association, corporation, or
			 other entity that is responsible for the administration and management of the
			 residential facility and who is the applicant for a residential facility
			 license as the approved licensee.
(35) "Owner" means the person,
			 provider, association, corporation, or other entity
			 who owns
			 the business of and who ultimately controls the operation of an adult care a
			 residential facility and to whom the manager or operator, if different from the
			 owner, is responsible.
(36)
			 "Personal care" means assisting residents with activities of daily living,
			 assisting residents with self-administration of medication, or preparing
			 special diets other than complex therapeutic diets, for residents pursuant to
			 the instructions of a physician or licensed dietitian. Personal care does not
			 include skilled nursing as defined in division (D) of section
			 3721.01 of the Revised
			 Code.
(37)
									"Physical restraint", also known as "manual restraint",
			 means any method of physically restricting a person's freedom of movement,
			 physical activity, or normal use of the person's body without the use of
			 mechanical restraint devices.
(38) "Referral" means
			 advising, assisting or directing an adult with mental illness or a severe
			 mental disability, or a child or adolescent with a serious emotional
			 disturbance or in need of mental health services, to a residential facility for
			 the purpose of becoming a resident of that facility.
(39) "Resident" means
			 any person who lives in a residential facility in order to receive room and
			 board,  personal care,
			 or mental health services, from the
			 staff of that facility, regardless of the source or amount of compensation
			 provided to the facility for the resident's room and board, services, or care.
			 Resident does not include the operator or the operator's family or staff or
			 family members of staff .
(40)
									"Residents' rights advocate" means an employee or
			 representative of any state or local government entity that has a
			 responsibility regarding residents, or an employee or representative of a
			 private nonprofit corporation or association permitted by law to educate and
			 counsel residents, assist residents in resolving problems and complaints
			 concerning their care and treatment, and assist them in securing adequate
			 services to meet their needs.
(41) "Resident
			 agreement" means the written agreement between a residential facility, placing
			 provider, prospective mental health resident or
			 guardian, and community mental health services
			 provider, as applicable. In the case of children and adolescents, the
			 agreement shall be between the facility and the resident's parent,guardian, placing
			 provider, or legal custodian.
(42)
			 "Residential facility" means a publicly or privately operated home or facility
			 as defined in division (B) of
			 section 5119.34 of the Revised
			 Code.
The categories of facility
				are:
(a)
										Class one facilities provide accommodations, supervision,
			 personal care services, and mental health services for one or more unrelated
			 adults with mental illness or one or more unrelated children or adolescents
			 with severe emotional disturbances.
(b)
										Class two
			 facilities provide accommodations, supervision, and personal care services to
			 any of the following:
(i)
											One or two unrelated persons with mental
			 illness;
(ii)
											One or two unrelated adults who are receiving
			 residential state supplement payments; or,
(iii)
											Three to
			 sixteen unrelated adults.
(c)
										Class three
			 facilities provide room and board for five or more unrelated adults with mental
			 illness.
(43)
									"Residential
			 state supplement" ("RSS") means the program administered under section
			 5119.41 of the Revised Code and
			 Chapter 5122-36 of the Administrative Code.
(44) "Room and board"
			 means the provision of sleeping and living
			 space, meals or meal preparation, laundry services, housekeeping services, or
			 any combination thereof.
(45)
									"Seclusion" means the involuntary confinement of a
			 person alone in a room where the person is physically prevented from
			 leaving.
(46) "Serious emotional disturbance" means a
			 combination of duration of impairment, intensity of impairment, and diagnosis,
			 as specified in the definition for a "person with
			 serious emotional disturbance" rule
			 5122-24-01
			 of the Administrative Code.
(47) "Severe mental
			 disability" means a condition that meets at least two of the three criteria of
			 diagnosis, duration, and disability as specified in the
			 definition of a "person with severe mental disability" in
									rule
			 5122-24-01
			 of the Administrative Code.
(48)
									"Short-term illness" means a medical condition for
			 which recovery can be expected to occur with not more than one hundred and
			 twenty days of skilled nursing care or requiring skilled nursing care provided
			 on periodic, scheduled basis not to exceed one hundred twenty days.
(49) "Special diet" means simple diets and calculated
			 diets which have been ordered by a physician or registered dietitian.
(a) Simple diets means simple food regimens
			 including, but not limited to:
(i) No added
			 salt food regimens;
(ii) Reduced
			 fat, reduced cholesterol food regimens;
(iii) Reduced or no simple sugar food
			 regimens;
(iv) Small frequent
			 meals;
(v) Full liquid or clear
			 liquid food regimens for no more than seventy-two hours; and
(vi) Simple textural
			 modifications.
(b)
			 "Calculated diets" mean calculated nutritive regimens including, but not
			 limited to:
(i) Diabetic and other nutritive
			 regimens requiring a daily specific calorie level;
(ii) Renal nutritive regimens;
(iii) Dysphagia nutritive regimens excluding
			 simple textural modifications; and
(iv) Any other nutritive regimens requiring a
			 daily maximum or minimum level of one of more specific nutrients, or a specific
			 distribution of one or more nutrients.
"Special diets other than complex therapeutic diets" has the
				same meaning as 
												special diets as defined in
				 rule
				3701-17-50 of the
				Administrative Code.
(50)
			 "Staff" means any person or persons participating in the physical operation of
			 the facility, the provision of mental health services, personal care, room and
			 board, or supervision of residents,
			 whether or not that person is compensated for that assistance. Staff shall be
			 understood to include the operator of the facility when the operator is a
			 participant in the performance of those activities.
(51) "Substance
			 abuse" means use of any drug or alcohol
			 by an individual to the extent of physical or psychological dependency on the
			 drug or to the extent that a person's health, safety or welfare is
			 endangered.
(52) "Supervision" means observing a resident
			 to ensure the resident's health, safety, and welfare while the resident engages
			 in activities of daily living or other activities; reminding a resident to
			 perform or complete an activity, such as reminding a resident to engage in
			 personal hygiene or other self-care activities; or assisting a resident in
			 making or keeping an appointment.
(53)
									"Topical
			 medication" means a medication, such as a topical anti-infective, that is
			 applied to a certain area of the skin and that only affects the area to which
			 it is applied.
(54)
									"Unrelated" means a resident not related to the
			 operator or staff, or the operator or staff's spouse, as a parent, grandparent,
			 child, stepchild, grandchild, brother, sister, niece, nephew, aunt, uncle, or
			 as a child of an aunt or uncle.
(55) "Variance" means
			 written permission granted to a residential facility by the director, or his
			 designee, to alter the requirements of a rule.
(56) "Waiver" means
			 written permission granted to a residential facility by the director, or his
			 designee, to be exempted from all or a portion of the requirements of a
			 rule.