reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-14 - Mobile response and stabilization service

Current through all regulations passed and filed through July 1, 2024
(A)
								Mobile response
			 and stabilization service (MRSS) is a structured intervention and support
			 service provided by a mobile response and stabilization service team that is
			 designed to promptly address a crisis situation; with young people who are
			 experiencing emotional symptoms, behaviors, or traumatic circumstances that
			 have compromised or impacted their ability to function within their family,
			 living situation, school, or community.
(B)
								MRSS is provided
			 to people who are under the age of twenty-one.
(C)
								MRSS is intended
			 to be delivered in-person where the young person or family is located, such as
			 their home or a community setting. There are instances where MRSS can be
			 delivered using a telehealth modality. Common times that telehealth would be
			 appropriate are:
(1)
									When the young person or family requests MRSS service
			 delivery using telehealth modalities,
(2)
									There is a
			 contagious medical condition present in the home, or
(3)
									Inclement weather
			 that prevents or makes it dangerous for the MRSS team to travel to the young
			 person or family.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-15 - Peer support services

Current through all regulations passed and filed through July 1, 2024
(A)
								Peer support services are services for individuals with a
			 mental illness, intellectual or developmental disabilities, or substance use
			 disorders and their caregivers and families.
(B)
								Peer support
			 services consist of activities that promote resiliency and recovery,
			 self-determination, advocacy, well-being, and skill development. Peer support
			 services are individualized, resiliency and recovery focused, and based on
			 increasing knowledge and skills through a peer relationship that supports an
			 individual's or family's ability to address needs, navigate systems and promote
			 recovery, resiliency, and wellness. They promote family driven, youth guided,
			 trauma informed care and cultural humility, encourage partnership with
			 individuals and families, and advocate for informed choice.
(C)
								For the purposes
			 of this rule, the following definitions apply:
(1)
									"Recovery" means
			 the personal process of change in which an individual strives to improve their
			 health and wellness, resiliency, and reach their full potential through
			 self-directed actions.
(2)
									"Resiliency" means the ability to recover from
			 setbacks, adapt well to change, and keep going in the face of adversity. It is
			 the process of adapting well in the face of adversity, trauma, tragedy,
			 threats, or significant sources of stress such as family and relationship
			 problems, serious health problems, or workplace and financial
			 stressors.
(3)
									"Wellness " means a broad approach for things
			 individuals can do at their own pace, in their own time, and within their own
			 abilities, that can help them feel better and live longer.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-15.1 - Adult, family, and youth certified peer supporter

Current through all regulations passed and filed through July 1, 2024
(A)
								Certified peer recovery supporter.
(1)
									A "certified peer
			 recovery supporter" (CPRS) is an individual, with a direct lived experience,
			 who has self-identified as being in recovery from a mental health or substance
			 use disorder and has been certified pursuant to this rule.
(2)
									For CPRS
			 certification the individual will be at least eighteen years of age at the time
			 of certification.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-16 - Peer run organization

Current through all regulations passed and filed through July 1, 2024
(A)
								"Peer run
			 organization" means any service or activity that is planned, developed,
			 administered, delivered, and evaluated by persons, a majority of whom have a
			 direct lived experience of a mental health or substance use
			 disorder.
(B)
								"Recovery" as used in this rule has the same meaning as
			 defined in paragraph (C) of rule
			 5122-29-15
			 of the Administrative Code.
(C)
								Peer run
			 organizations include but are not limited to consumer operated services,
			 recovery community organizations, peer drop-in centers, and club
			 houses.
(D)
								Peer run organizations shall:
(1)
									Have a primary
			 goal of enhancing the quantity and quality of support available to individuals
			 seeking recovery from mental health or substance use disorders;
(2)
									Be grounded in
			 three core principles: a recovery vision, authenticity of voice, and
			 accountability to the recovery community;
(3)
									Promote the
			 strategies of public awareness and education, personal empowerment, and peer
			 based- and other recovery support services and activities which may include:
			 peer recovery support, telephone recovery support services, all-recovery
			 meetings, structured volunteer/work activities, groups, social activities, or
			 wellness activities;
(4)
									Be responsive to the needs of individuals participating
			 in services and be based on local needs as identified by the individuals
			 participating in the service.
Replaces: 5122-29-16
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-17 - Community psychiatric supportive treatment (CPST) service

Current through all regulations passed and filed through July 1, 2024
(A) Community
			 psychiatric supportive treatment (CPST) service provides an array of services
			 delivered by community based, mobile individuals or multidisciplinary teams of
			 professionals and trained others. Services address the individualized mental
			 health needs of the client. They are directed towards adults, children,
			 adolescents and families and will vary with respect to hours, type and
			 intensity of services, depending on the changing needs of each individual. The
			 purpose/intent of CPST services is to provide specific, measurable, and
			 individualized services to each person served. CPST services should be focused
			 on the individual's ability to succeed in the community; to identify and access
			 needed services; and to show improvement in school, work and family and
			 integration and contributions within the community.
(B) Activities of the CPST service shall
			 consist of one or more of the following:
(1)
			 Ongoing assessment of needs;
(2)
			 Assistance in achieving personal independence in managing basic needs as
			 identified by the individual and/or parent or guardian;
(3) Facilitation of further development of
			 daily living skills, if identified by the individual and/or parent or
			 guardian;
(4) Coordination of the
			 ISP, including:
(a) Services identified in
			 the ISP;
(b) Assistance with
			 accessing natural support systems in the community; and
(c) Linkages to formal community
			 service/systems;
(5)
			 Symptom monitoring;
(6)
			 Coordination and/or assistance in crisis management and stabilization as
			 needed;
(7) Advocacy and
			 outreach;
(8) As appropriate to the
			 care provided to individuals, and when appropriate, to the family, education
			 and training specific to the individual's assessed needs, abilities and
			 readiness to learn;
(9) Mental
			 health interventions that address symptoms, behaviors, thought processes, etc.,
			 that assist an individual in eliminating barriers to seeking or maintaining
			 education and employment; and
(10)
			 Activities that increase the individual's capacity to positively impact his/her
			 own environment.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-18 - Therapeutic behavioral services and psychosocial rehabilitation

Current through all regulations passed and filed through July 1, 2024
(A)
								Therapeutic behavioral services (TBS) and psychosocial
			 rehabilitation (PSR) services are an array of activities intended to provide
			 individualized supports or care coordination of healthcare, behavioral
			 healthcare, and non-healthcare services. TBS and PSR may involve collateral
			 contacts and may be delivered in all settings that meet the needs of the
			 individual.
(B)
								Service activities.
(1)
									TBS service
			 activities include, but are not limited to the following:
(a)
										Consultation with
			 a licensed practitioner or an eligible provider pursuant to paragraph (C) of
			 this rule, to assist with the individual's needs and service planning for
			 individualized supports or care coordination of healthcare, behavioral
			 healthcare, and non-healthcare services and development of a treatment
			 plan;
(b)
										Referral and linkage to other healthcare, behavioral
			 healthcare, and non- healthcare services to avoid more restrictive levels of
			 treatment;
(c)
										Interventions using evidence-based
			 techniques;
(d)
										Identification of strategies or treatment
			 options;
(e)
										Restoration of social skills and daily functioning;
			 and,
(f)
										Crisis prevention and amelioration.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-19 - Consultation service

Current through all regulations passed and filed through July 1, 2024
(A) "Consultation service" means a formal and
			 systematic information exchange between a provider and a person other than
			 a client, which is directed towards the development and improvement of
			 individualized service plans and/or techniques involved in the delivery of
			 
								behavioral health services.
(B) Consultation may
			 be focused on the clinical condition of a person served by another system or
			 focused on the functioning and dynamics of another system. Consultation related
			 to the clinical condition of a person served shall be provided by staff
			 qualified according to paragraph (C) of this rule.
(1) The 
									provider shall
			 survey periodically other community systems to determine
			 
									behavioral health consultation needs that may be
			 desired by the systems, persons or families being served by those other
			 systems.
(2) The
			 
									provider shall maintain a record of all consultation
			 services provided, including the name of the person or system to whom the
			 service was provided, the nature of the consultation, and the outcome of the
			 consultation.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-22 - Referral and information service

Current through all regulations passed and filed through July 1, 2024
(A) "Referral and information service" means
			 responses, usually by telephone, to inquiries from people about services in the
			 community. Referral may include contacting any agency or a provider in order to
			 secure services for the person requesting assistance.
(B) Referral and information service shall be
			 planned and coordinated with other health and human service providers, and
			 shall:
(1) Have a mechanism to compile
			 information about services available in the service system and the community;
			 and
(2) Have mechanisms to
			 determine whether persons referred were able to access services, were satisfied
			 with the services, or experienced any problems with the referral source. This
			 information shall be used to determine if particular providers shall continue
			 to be used as referrals for persons seeking services. All state and federal
			 confidentiality laws shall be adhered to in this process.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-27 - Supplemental behavioral health services

Current through all regulations passed and filed through July 1, 2024
(A) "
								Supplemental behavioral health
			 services" means services other than those specifically listed in this chapter.
			 
								Supplemental behavioral health services may include
			 representative payeeship, outreach, screening,
			 education, and other supportive 
								behavioral
			 health services and may be offered by a variety of entities, including YMCAs,
			 churches, children's cluster or family and children first.
(B)
								
								Supplemental behavioral health
			 services approved by the  board of alcohol, drug addiction, and
			 mental health services and the department shall:
(1) Ensure that the
			 
									provider or organization providing the service meets
			 the appropriate standards or regulations under which they operate;
(2) Ensure that staff providing
			 
									behavioral
			 health services have
			 participated in orientation or training regarding basic information about
			 mental illness,
									 emotional disturbance, and substance use
			 disorders, and know how to obtain assistance from the
			 
									behavioral health system if needed; and
(3) Develop mechanisms to solicit and receive
			 feedback about the quality of the service from persons served.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-28 - Intensive home based treatment (IHBT) service

Current through all regulations passed and filed through July 1, 2024
(A) In addition to the definitions in rule
			 5122-24-01
			 of the Administrative Code, the following definitions apply to this rule:
(1) "Caseload" means the individual cases
			 open or assigned to each full-time equivalent IHBT staff.
(2) "Continued stay review" means a review of
			 a child/adolescent's functioning to determine the need for further services to
			 achieve or maintain service goals and objectives.
(3) "Crisis response" means the immediate
			 access and availability,  as clinically indicated, to the child/adolescent and
			 family, which may include crisis stabilization services
			 in accordance with rule
			 5122-29-10
			 of the Administrative Code, safety planning, and the alleviation of the
			 presenting crisis.
(4)
									"Family" means any individual or caregiver related by
			 blood or affinity whose close association with the person is the equivalent of
			 a family relationship as identified by the person; including kinship and foster
			 care.
(5) "Home" means any
			  family living arrangement
			 including but not limited to biological, kinship,
			 adoptive, foster home, and non-custodial families
			 who have made a  commitment to the
			 child/adolescent.
(6) "Out-of-home
			 placement" means any removal of the child/adolescent from his or her home.
			 Planned respite, where the child's main residence remains
			 their home, is not considered out-of-home
			 placement.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-29 - Assertive community treatment (ACT)

Current through all regulations passed and filed through July 1, 2024
(A) Assertive community treatment (ACT)
			 services are provided to an individual with a major functional impairment or
			 behavior which present a high risk to the individual due to severe and
			 persistent mental illness and which necessitate high service intensity. ACT
			 services are also provided to the individual's family and other support
			 systems. A client receiving ACT services may also have coexisting substance use
			 disorder, physical health diagnoses, and/or mild intellectual disability. The
			 service is available twenty-four hours a day, seven days a week.
(B) The purpose of ACT team services is to
			 provide the necessary services and supports which maximize recovery, and
			 promote success in employment, housing, and the community.
(C) ACT service providers shall employ one or
			 more teams of practitioners which meet the minimum fidelity criteria as
			 described in paragraphs (D) and (E) of this rule using the tool for measurement
			 of ACT (TMACT) or dartmouth assertive community treatment scale
			 (DACTS).
(D) For initial
			 certification, each ACT team must achieve a minimum average overall fidelity
			 score of 3.0as determined by an independent validation entity recognized
			 by the department. At its discretion, the Ohio
			 department of mental health and addiction services (OhioMHAS) may lower the
			 minimum score due to the COVID-19 state of emergency declared by the
			 governor.
(E) For continuing
			 certification, each ACT team must achieve and maintain a minimum average
			 overall fidelity score of 4.0 within three years of initial certification as
			 determined by an independent validation entity recognized by the department.
			 At its discretion, OhioMHAS may lower the minimum score
			 due to the COVID-19 state of aemergency declared by the
			 governor.
(F) ACT teams shall
			 have regular repeat fidelity reviews, no more than twelve months from the
			 report date of the previous fidelity review, by an independent validation
			 entity recognized by the department.
(G) At any time after certification of the
			 ACT service, the department may request a new fidelity review based on specific
			 findings of non-compliance with the rules in this chapter.
(H) For a minimum of ninety days, or until
			 the client has stated their desire to discontinue ACT services, the ACT team
			 shall attempt at least two 
			 contacts per month for a client who has discontinued ACT services unexpectedly.
			 Such attempts and client response, if any, shall be documented in the
			 individual client record.
(I) ACT
			 shall be provided and supervised by staff who are qualified according to rule
			 5122-29-30
			 of the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-30 - Eligible providers and supervisors

Current through all regulations passed and filed through July 1, 2024
(A) Individuals are eligible to provide and
			 supervise within their professional scope of practice those services certified
			 by the Ohio department of mental health and addiction services and listed and
			 described in Chapter 5122-29 of the Administrative Code.
(B) Licensed, certified or registered
			 individuals shall comply with current, applicable scope of practice,
			 supervisory, and ethical requirements identified by appropriate licensing,
			 certifying or registering bodies.
(C) Individuals providing the following
			 services who are not otherwise credentialed by the Ohio chemical dependency
			 professionals board; Ohio counselor, social worker and marriage and family
			 therapist board; state medical board of Ohio; Ohio board of nursing, Ohio board
			 of pharmacy, or Ohio board of psychology shall not provide any service or
			 activity for which a credential by one of these boards is required by the
			 Revised Code or Administrative Code and shall meet the requirements of a
			 qualified behavioral health specialist in paragraph (D) of this rule:
(1) Mental health day treatment in accordance
			 with rule
			 5122-29-06
			 of the Administrative Code.
(2) SUD
			 case management services in accordance with rule
			 5122-29-13
			 of the Administrative Code.
(3)
									Mobile response and stabilization service in accordance
			 with rule
			 5122-29-14 of the
			 Adminstrative Code.
(4) Community
			 psychiatric supportive treatment in accordance with rule 5122-19-17 of the
			 Administrative Code.
(5) Therapeutic
			 behavioral services and psychosocial rehabilitation in accordance with rule
			 5122-19-18 of the Administrative Code.
(6)
									Intensive home
			 based treatment (IHBT) service in accordance with rule
			 5122-29-28
			 of the Administrative Code.
(7) Assertive community
			 treatment (ACT) service in accordance with rule
			 5122-29-29
			 of the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-31 - Telehealth

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this chapter, telehealth means the use of, real-time audiovisual communications
			 of such quality as to permit accurate and meaningful interaction between at
			 least two persons, one of which is a certified provider of the service being
			 provided pursuant to Chapter 5122-25 of the Administrative Code. Asynchronous
			 modalities that do not have both audio and video elements are considered
			 telehealth.
(B) "Originating site"
			 means the site where a client is located at the time the service is
			 furnished.
(C) "Distant site" means
			 the site where the eligible provider is located at the time the service is
			 furnished.
(D) No initial in person
			 visit is necessary to initiate services using telehealth modalities. The
			 decision of whether or not to provide initial or occasional in-person sessions
			 shall be based upon client choice, appropriate clinical decision-making, and
			 professional responsibility, including the requirements of professional
			 licensing, registration or credentialing boards.
(E) The following are the services that may
			 be provided via telehealth:
(1) General
			 services as defined in rule
			 5122-29-03 of
			 the Administrative Code;
(2) CPST
			 service as defined in rule
			 5122-29-17
			 of the Administrative Code;
(3)
			 Therapeutic behavioral services and psychosocial rehabilitation service as
			 defined in rule
			 5122-29-18
			 of the Administrative Code;
(4)
			 Peer recovery services as defined in rule
			 5122-29-15
			 of the Administrative Code;
(5) SUD
			 case management service as defined in rule
			 5122-29-13
			 of the Administrative Code;
(6)
			 Crisis intervention service.as defined in rule
			 5122-29-10
			 of the Administrative Code;
(7)
			 Assertive community treatment service as defined in rule
			 5122-29-29
			 of the Administrative Code; and,
(8) Intensive home based treatment service as
			 defined in rule
			 5122-29-28
			 of the Administrative Code.
(9)
									Mobile response and stabilization service as defined in
			 rule
			 5122-29-14 of the
			 Adminstrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-01 - Purpose of rules

Current through all regulations passed and filed through July 1, 2024
The purpose of 
								Chapter 5122-30 of the Administrative Code is to
				establish the procedures and requirements for the licensure and operation of
				residential facilities as defined by 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 5122-30-02 - Applicability of rules

Current through all regulations passed and filed through July 1, 2024
(A) The provisions of
			 
								this chapter
			 are applicable to any facility in the state of Ohio that is a residential
			 facility as defined in division (B) of section
			 5119.34
								 of the Revised
			 Code, 
			 regardless of whether the facility holds itself out to be, or represents
			 itself, as such a residential facility.
(B)
								The rules in this
			 chapter apply to each licensed residential facility, and any licensed
			 residential facility must comply with the rules in this chapter independent of
			 any other licensed residential facility.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-04 - Licensure application and procedures

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to state the
			 licensure procedure, including application, renewal, correction of deficiencies
			 or non-compliance and determination of the number of beds.
(1) The application shall consist of:
(a) Completed application form, which shall indicate at least the class of facility to be
			 licensed, the maximum number of residents, the maximum number of household
			 members, and whether the faciltity shall serve adults or children and
			 adolescents;
(b)
										For facilities serving adults, the application form
			 shall also indicate whether or not the facility will serve those with mental
			 illness;
(c) Approved building inspection, upon initial
			 application only, and when building modifications require appropriate building
			 inspections per Ohio basic building code;
(d) Approved fire
			 inspection;
(e) Non-refundable, non-waivable licensure fee of: one
			 hundred fifty dollars for 
										class 1 facilities, and seventy-five dollars for
			 
										class 2
			 and 3 facilities;
(f) A line drawing or
			 description of the
										 location
			 and function of all resident and staff areas;
(g)
										If a waiver or variance is to be requested, the
			 application shall include written request in the form required by rule
			 5122-30-07
			 of the Administrative Code; and,
(h)
										Any other
			 information or documentation requested by the department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-05 - Issuance and conditions of licenses

Current through all regulations passed and filed through July 1, 2024
(A) Issuance and conditions of
			  licenses
(1) The department may issue a full license
			 for the facility only if it has been determined to the department's
			 satisfaction that there is compliance with licensure requirements. The license
			 shall specify facility class as defined in division (B)
			 of section 5119.34 of the Revised Code; and
			 the license shall specify the maximum number of residents for the
			 facility
									and
			 the maximum number of household members if applicable, in accordance with rule
			 5122-30-09
			 of the Administrative Code.
(2) A full license shall be valid for
			 
									three
			 years from the date of issuance in the case of class
			 one facilities and for two years from the date of issuance in the case of class
			 two or three facilities. The renewal date shall be based on the
			 expiration date of a full license. A full license may be changed to a
			 probationary license at any time, if the department determines that the
			 circumstances applicable to the issuance of a probationary license, as
			 specified in this chapter, exist.
(3) A license is not transferable to any
			 other site or property.
(4) A
			 license is valid only for the applicant named in the application, and is not
			 transferable to or assumable by any other person or entity.
(5) The license must be
			 
									posted in an
			 area visible to residents and visitors at the facility at all times and
			 made available for inspection to any person who requests it.
(6) The license shall not be altered,
			 modified or defaced in any way.
(7)
			 The department may conduct surveys or inspections of licensed facilities, as it
			 deems necessary and appropriate, to determine initial or continued compliance
			 with requirements or to determine whether deficiencies have been corrected, or
			 upon complaint or allegation of licensure violations by any
			 
									provider or individual. Inspections or surveys may be
			 unscheduled and unannounced, and may include all areas
			 of the facility regardless of resident access.
(8) The department shall have access to all
			 records, accounts, and other documents relating to the operation of the
			 facility, as well as access to all areas in the facility and to the operator,
			 staff, and all residents, as the department deems necessary and
			 appropriate.
(9) The operator of the
			 residential facility shall be responsible for notifying the department of any
			 changes or proposed changes concerning the information submitted and attested
			 to in the application, or in the operation of the facility which alter or
			 modify the type of activity for which the facility is licensed, and/or the
			 continued compliance of the facility with the requirements for
			 licensure.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-06 - Unlicensed facilities

Current through all regulations passed and filed through July 1, 2024
(A) Any facility that is subject to licensure
			 as a residential facility, as specified in section 
									5119.34
								 of the Revised
			 Code, is required to apply for and receive a valid license in accordance with
			 the requirements of this chapter.
(B) In accordance with division (K) of section
			 
									5119.34
								 of the Revised
			 Code, the department may investigate any facility that has been reported to the
			 department or that the department has reason to believe is operating as a
			 residential facility without a valid license. In conducting such an
			 investigation, the department shall have full access to all areas of the
			 facility, as well as to all persons, records, documents, as is necessary and
			 appropriate, to determine if the facility is a residential facility subject to
			 licensure.
(C) The director may
			 petition the court of common pleas of the county in which a residential
			 facility is located for an order enjoining any person from operating a
			 residential facility without a license or from operating a licensed facility
			 when, in the director's judgment, there is a real and present danger to the
			 health or safety of any of the residents of the facility. The court shall have
			 jurisdiction to grant such injunctive relief upon a showing that the respondent
			 named in the petition is operating a facility without a license or there is a
			 real and present danger to the health and safety of any residents of the
			 facility.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-07 - Waivers and variances

Current through all regulations passed and filed through July 1, 2024
(A) A facility may submit a dated, written
			 request to the department for a waiver or variance. The written request must
			 clearly state the rationale and need for the requested waiver or variance, and
			 the consequence of not receiving approval of the request.
(B) Upon receipt of a written request for a
			 waiver or variance that provides a clear and valid statement of need, the
			 department in its discretion may grant a waiver or variance for a period of
			 time determined by the department but that shall not exceed the expiration date
			 of the current license.
(C) The
			 department shall acknowledge and respond to the waiver
								or variance request
			 within thirty days of receipt by the department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-09 - Maximum resident and household capacity

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 shall determine the maximum number of residents and the maximum number of
			 household members for which each facility shall be licensed and shall state the
			 maximum number on the license issued to the facility. The maximum number of
			 residents shall not exceed the number of residents as specified on the
			 license.
(B)
								The maximum number of residents and household members
			 for which a facility is licensed shall be based on the requirements set forth
			 in rule
			 5122-30-14
			 of the Administrative Code.
(C)
								Class 2 and 3
			 facilities shall notify the department's bureau of licensure and certification,
			 in writing, prior to allowing any additional person(s) to reside in the
			 facility for more than forty-eight hours if the facility will exceed the
			 maximum number of household members identified on the license. Additional
			 persons may reside in the facility for no longer than fourteen days in a
			 year.
(D)
								No residential facility serving children/adolescents
			 residents shall accept adult residents, nor shall any residential facility
			 serving adult residents accept children/adolescents residents.
Replaces: 5122-30-09
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-10 - Fines

Current through all regulations passed and filed through July 1, 2024
(A) No person shall
			 do any of the following:
(1) Operate a
			 residential facility unless the facility holds a valid license;
(2) Violate any of the conditions of
			 licensure after having been granted a license;
(3) Interfere with a state or local
			 official's inspection or investigation of a residential facility; or
(4) Violate any of the rules for
			 licensure.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-11 - Inspections

Current through all regulations passed and filed through July 1, 2024
(A) Residential
			 facilities shall obtain the following approved inspections:
(1) Inspections required
			 within
			 twelve months of the date of the previous inspection:
(a) Fire inspection by a certified fire
			 authority, the state fire marshal, or a township, municipal, or other legally
			 constituted fire department approved by the chief of the division of state fire
			 marshal of the Ohio department of commerce, unless the
			 facility has been issued a new certificate of use and occupancy within twelve
			 months of the date of initial licensure for initial applications, or previous
			 fire inspection for renewal applications when the facility underwent remodeling
			 necessitating obtaining a new certificate of use and occupancy.
(b) Water supply and sewage disposal system
			 inspection by the local health department for facilities in which these systems
			 are not connected with public services.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-12 - Safety

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this rule:
(1)
									"Rules of the
			 board of building standards" means the rules adopted by the board of building
			 standards in accordance with Chapter 3781. of the Revised Code including the
			 Ohio building and Ohio residential construction codes.
(2)
									"State fire code"
			 means the state fire code adopted in accordance with section
			 3737.82 of the Revised
			 Code.
(3)
									"Fire code official" has the same meaning as adopted in
			 the state fire code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-13 - Nutrition and food safety

Current through all regulations passed and filed through July 1, 2024
(A)
								Each facility
			 shall directly provide, or make provisions for, a minimum of three
			 nutritionally balanced meals daily for each resident. If more than eight hours
			 elapse between the evening meal and morning meal, a nutritious evening snack
			 shall be provided.
If a resident is involved in programs,
				including vocational training or therapeutic day programs that require the
				resident to be absent from the facility during a scheduled meal time, the
				facility shall ensure the resident is provided with an adequate meal to take to
				his/her program, unless a meal is provided at no additional cost to the
				resident, as part of the program. When a resident is not present in the
				facility during a scheduled meal time, the facility shall provide a meal option
				when the resident returns unless the resident has already been provided a
				meal.
(B)
								All meals shall be well-balanced, palatable, and
			 properly prepared according to the standards of the U.S. department of
			 agriculture, or national research council's recommended dietary allowances
			 adjusted for age and sex.
(C)
								Menus shall provide for a reasonable variety of foods.
			 Menus shall reasonably accommodate religious restrictions of individual
			 residents, as well as ethnic and cultural preferences of residents. Each
			 facility shall make provisions for residents to select, discuss, and have input
			 into meal planning as appropriate.
(D)
								In addition to
			 the food provided at meal time and the snack, if applicable, the facility
			 shall:
(1)
									
			 Maintain, at all times, a one-week supply of staple foods and a two-day supply
			 of perishable foods, such as fresh milk, bread, eggs, fruits and vegetables
			 adequate to provide for the number of residents accommodated in the
			 facility.
(2)
									Powdered milk shall not be used as a substitute for
			 fresh milk, unless requested by the resident.
(3)
									When home canned
			 products are used in preparation of resident meals, the facility shall label
			 food containers with a minimum of the name of the food and date
			 processed.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-16 - Incident notification and risk management

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes standards to ensure
			 the prompt and accurate notification of certain prescribed incidents.
(B) Definitions.
(1) "
									Board of
			 residence" means the  board
			 that is responsible for referring or
			 paying for the resident's treatment.
(2) "Incident" means an event that poses a
			 danger to the health and safety of residents and/or staff and visitors of the
			 facility, and is not consistent with routine care of persons served or routine
			 operation of the facility.
(3)
			 "Reportable Incident" means an incident that must be submitted to the
			 department in accordance with this rule. As referenced in division (E) of section
			 
										5119.36
									 of the Revised
			 Code, "Major Unusual Incident" has the same meaning as "Reportable
			 Incident."
(4) "Six month
			 reportable incident" means an incident type of which limited information must
			 be reported to the department. A six month reportable incident is not the same
			 as a reportable incident.
(5) "Six
			 month incident data report" means a data report which must be submitted to the
			 department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-17 - Seclusion and restraint

Current through all regulations passed and filed through July 1, 2024
(A) The use of seclusion, mechanical
			 restraint, and physical restraint, including transitional hold, shall not be
			 permitted in any facility, except a 
								class one facility as
			 defined in division (B) of section
			 5119.34 of the Revised
			 Code, which meets all of the requirements of rules
			 5122-26-16
			 to 5122-26-16.2 of the Administrative Code.
(B) The use of seclusion, mechanical
			 restraint, and physical restraint, including transitional hold,
			 in facilities in which they are not
			 permitted pursuant to paragraph (A) of this rule
								 must be reported
			 to the department as a major unusual incident.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-18 - Requirements for accessibility and communications

Current through all regulations passed and filed through July 1, 2024
Each facility in which one or more of
				the residents has a physical disability shall make reasonable accommodations
				including but not limited to:
(A)
									Making the facility readily accessible to and usable by
				persons with a physical disability, and
(B)
									Providing all
				communications to residents in a manner that is accessible and understandable
				to the resident; this may include, but not be limited to: readers,
				interpreters, braille, large print, or providing appropriate telecommunication
				relay services (TRS). A TRS is a telephone service that allows persons with
				hearing or speech disabilities to place and receive telephone calls, such
				services include but are not limited to text to speech relay and signing to
				speech relay.
Replaces: 5122-30-18
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-19 - Facility administration and management

Current through all regulations passed and filed through July 1, 2024
(A) The residential facility shall assure
			 appropriate polices and procedures regarding the administration and management
			 of the facility including compliance with the requirements for licensure. This
			 responsibility shall also include, but may not be limited to:
(1) Arranging for necessary permits and
			 inspections, and paying all fees and costs associated with
			 inspections;
(2) Daily monitoring
			 and supervising staff to assure acceptable performance of assigned job duties
			 and compliance with the requirements for licensure;
(3) Participating in an appropriate and
			 cooperative working relationship with the  board
									or the
			 department;
(4) Reporting to the
			 department any change regarding facility operation or use that relates to the
			 requirements for licensure;
(5)
									For a class two or three facility, reporting to the
			 department a current emergency contact telephone number for the operator and
			 manager.
(6) Securing appropriate, alternative responsibility
			 for the operation and staffing of the facility for planned or unplanned
			 staff/operator absence;
(7) Consistently
			 maintaining the finances necessary for the stable and safe operation of the
			 facility;
(8) Maintaining a stable and supportive environment
			 for residents of the facility, through respect for the rights of residents, as
			 well as sensitivity and responsiveness to 
									resident's
			 needs, preferences and culturally competent services and care; and
(9)
			 Knowledge of and compliance with federal, state, and local laws concerning the
			 ownership and operation of the facility, including, but not limited to zoning
			 requirements
									or equal opportunity employment practices.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-20 - Qualifications of operator and staff

Current through all regulations passed and filed through July 1, 2024
(A) Each  person shall:
(1) Be at least eighteen years of
			 age;
(2) Demonstrate adequate
			 communication skills to perform duties and responsibilities associated with the
			 facility in meeting the needs of the resident(s);
(3) Be able to perform
			  required responsibilities and duties.
			 If there is reason to doubt a staff person's ability to carry out
			 responsibilities and duties in the facility for health reasons, the department
			 may require the operator to obtain a physician's statement assuring that the
			 staff member is able to perform 
									theirrequired responsibilities and duties;
			 and
(4)
									
									Test
			 negative for tuberculosis within one year
			 prior to employment. Testing shall be repeated anytime
			 there has been a likelihood of exposure.Evidence of such examination
			 shall be kept in facility records.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-21 - Staffing requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Each facility
			 shall:
(1)
									Provide sufficient numbers and types of staff in the
			 facility, scheduled for appropriate periods of time during each twenty-four
			 hour period, to assure that the room, board, personal care, or mental health
			 service needs of each resident are met in a timely manner, as appropriate to
			 the licensure type of the facility and individual needs of each
			 resident;
(2)
									Specify the minimum staffing pattern of the facility in
			 the resident agreement.
(3)
									Ensure that no resident shall be required to vacate the
			 facility or shall not have access to the facility at any time because of the
			 absence of available staff;
(4)
									In a class two or
			 three facility at least one staff person shall be available on or off the
			 premises to residents twenty-four hours per day. In the event that no staff
			 person is on the premises, residents shall be informed of how to locate staff,
			 who shall be promptly available to provide appropriate and needed assistance to
			 residents;
(5)
									If the facility is locked during any portion of the
			 day, a staff member shall be immediately available on the premises to open the
			 door or each resident shall be provided with a key. The exception is when all
			 residents are with staff on a facility outing. If residents are provided a key,
			 an emergency contact number shall also be posted at all times on the outside of
			 the facility in an easily accessible and viewable area, e.g. a door or first
			 floor window;
(6)
									In the event that no staff person is on the premises,
			 the operator shall be responsible for ascertaining and ensuring that each
			 resident is capable of self-preservation, and is knowledgeable about obtaining
			 emergency assistance; and
(7)
									Ensure that no resident shall be required or designated
			 to supervise other residents, provide for the personal care or mental health
			 service needs of other residents, or supervise any aspect of the operation or
			 management of the facility;
(8)
									A class one or
			 class two facility providing services to children or adolescents shall maintain
			 continuous staffing. Each shift staffing for a class one facility providing
			 services to children or adolescents shall be provided by staff who are on duty
			 and awake.