Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-21.1 - Transfer of prisoner to inpatient mental health facility

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 rule:
(1) "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.
(2) "Mentally ill person subject to
			 hospitalization" means a mentally ill person to whom any of the following
			 applies because of the person's mental illness:
(a) The person represents a substantial risk
			 of physical harm to the person as manifested by the evidence of threats of, or
			 attempts at, suicide or serious self-inflicted bodily harm.
(b) The person represents a substantial risk
			 of physical harm to others as manifested by evidence of recent homicidal or
			 other violent behavior, evidence of recent threats that place another in
			 reasonable fear of violent behavior and serious physical harm, or other
			 evidence of present dangerousness.
(c) The person represents a substantial and
			 immediate risk of serious physical impairment or injury to the person as
			 manifested by evidence that the person is unable to provide for and is not
			 providing for the person's basic physical needs because of the person's mental
			 illness and that appropriate provision for those needs cannot be made
			 immediately available in the correctional institution in which the inmate is
			 currently housed.
(d) The person
			 would benefit from treatment in a hospital for the person's mental illness and
			 is in need of treatment in a hospital as manifested by evidence of behavior
			 that creates a grave and imminent risk to substantial rights of others or the
			 person.
(3) "Psychiatric
			 hospital" means all or part of a facility that is operated and managed by the
			 department of mental health and addiction services to provide psychiatric
			 hospitalization services in accordance with the requirements of this rule
			 pursuant to an agreement between the directors of rehabilitation and correction
			 and mental health and addiction services or, is licensed by the department of
			 mental health and addiction services pursuant to section
			 5119.33 of the Revised Code as a
			 psychiatric hospital and is accredited by a health care accrediting
			 organization approved by the department of mental health and addiction services
			 and the psychiatric hospital is any of the following:
(a) Operated and managed by the department of
			 rehabilitation and correction within a facility that is operated by the
			 department of rehabilitation and correction;
(b) Operated and managed by a contractor for
			 the department of rehabilitation and correction within a facility that is
			 operated by the department of rehabilitation and correction;
(c) Operated and managed in the community by
			 an entity that has contracted with the department of rehabilitation and
			 correction to provide psychiatric hospitalization services in accordance with
			 the requirements of this rule.
(4) "Inmate patient" means an inmate who is
			 admitted to a psychiatric hospital.
(5) "Admitted" to a psychiatric hospital
			 means being accepted for and staying at least one night at the psychiatric
			 hospital.
(6) "Treatment plan"
			 means a written statement of reasonable objectives and goals for an inmate
			 patient that is based on the needs of the inmate patient and that is
			 established by the treatment team, with the active participation of the inmate
			 patient and with documentation of that participation. "Treatment plan" includes
			 all of the following:
(a) The specific
			 criteria to be used in evaluating progress toward achieving the objectives and
			 goals;
(b) The services to be
			 provided to the inmate patient during the inmate patient's
			 hospitalization;
(c) The services
			 to be provided to the inmate patient after discharge from the hospital,
			 including, but not limited to, housing and mental health services provided at
			 the state correctional institution to which the inmate patient returns after
			 discharge or community mental health services.
(7) "
									Person with an intellectual
			 disability subject to institutionalization by court order" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
(8) "Emergency transfer"
			 means the transfer of a mentally ill inmate to a psychiatric hospital when the
			 inmate presents an immediate danger to self or others and requires hospital
			 level care.
(9) "Uncontested
			 transfer" means the transfer of a mentally ill inmate to a psychiatric hospital
			 when the inmate has the mental capacity to, and has waived, the hearing
			 required by paragraph (B) of this rule.
(10) "Independent decision maker" means a
			 person who is employed or retained by the department of rehabilitation and
			 correction and is appointed by the chief or chief clinical officer of mental
			 health services as a hospitalization hearing officer to conduct due process
			 hearings.
An independent decision maker who presides over any hearing or
				issues any order pursuant to this rule shall be a psychiatrist, psychologist,
				or attorney, shall not be specifically associated with the institution in which
				the inmate who is the subject of the hearing or order resides at the time of
				the hearing or order, and previously shall not have had any treatment
				relationship with nor have represented in any legal proceeding the inmate who
				is the subject of the order.