Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-01 - Licensed residential facilities - administration and operation

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth requirements for
				administration and operation of residential facilities licensed in accordance
				with section
				5123.19
				of the Revised Code.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Abuser registry" has the same meaning as in rule
			 5123-17-03 of the Administrative Code.
(2)
									"Accredited
			 college or university" means a college or university accredited by a national
			 or regional association recognized by the secretary of the United States
			 department of education or a foreign college or university of comparable
			 standing.
(3)
									"Administrator" means the person responsible for
			 administration of the residential facility who shall be directly and actively
			 involved in the day-to-day operation of the residential facility and oversee
			 provision of services by the residential facility.
(4)
									"Certificate of
			 high school equivalence" has the same meaning as in section
			 3301.80
			 of the Revised Code and includes the equivalent of a certificate of high school
			 equivalence described in division (C) of that section.
(5)
									"Department"
			 means the Ohio department of developmental disabilities.
(6)
									"Direct support
			 professional" means a person who is employed in a "direct services position" as
			 that term is defined in section
			 5123.081
			 of the Revised Code.
(7)
									"Health-related activities" has the same meaning as in
			 rule
			 5123:2-6-01
			 of the Administrative Code.
(8)
									"Home and
			 community-based services" has the same meaning as in section
			 5123.01
			 of the Revised Code.
(9)
									"Individual" means a person with a developmental
			 disability.
(10)
									"Individual service plan" means the written description
			 of services, supports, and activities to be provided to an individual and
			 includes an "individual program plan" as that term is used in
			 42 C.F.R.
			 483.440 as in effect on the effective date of
			 this rule.
(11)
									"Intermediate care facility for individuals with
			 intellectual disabilities" has the same meaning as in section
			 5124.01 of the
			 Revised Code.
(12)
									"License" means written approval by the department to a
			 licensee to operate a residential facility.
(13)
									"Licensee" has
			 the same meaning as in section
			 5123.19
			 of the Revised Code.
(14)
									"Operator" means the entity responsible for management
			 of and provision of services at the residential facility.
(15)
									"Person-centered
			 planning" has the same meaning as in rule 5123-3-03 of the Administrative
			 Code.
(16)
									"Related party" has the same meaning as in section
			 5123.16
			 of the Revised Code.
(17)
									"Residential facility" has the same meaning as in
			 section
			 5123.19
			 of the Revised Code.
(18)
									"Specialized services" means any program or service
			 designed and operated to serve primarily individuals with developmental
			 disabilities, including a program or service provided by an entity licensed or
			 certified by the department. If there is a question as to whether an entity is
			 providing specialized services, an operator may request that the director of
			 the department make a determination. The director's determination is not
			 subject to appeal. Programs or services available to the general public are not
			 specialized services.
(19)
									"Supervisory staff" means employees of the residential
			 facility who provide direction or exercise supervision over one or more direct
			 support professionals.
(20)
									"Support staff" means employees of the residential
			 facility who are not direct support professionals, such as those in human
			 resources positions, secretaries, clerks, housekeepers, maintenance workers,
			 and laundry workers.
(21)
									"Volunteer" means a person who donates time, effort,
			 and/or talent to meet a need or advance the mission of a residential facility
			 and who is not paid or otherwise remunerated by the residential facility.
			 "Volunteer" does not include a family member, guardian, friend, or other
			 associate of an individual simply interacting with that
			 individual.