reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Applicant" means a person who is under
			 final consideration for employment with a direct care provider (DCP) in a
			 full-time, part-time, or temporary position that involves providing direct care
			 to an older adult. "Applicant" does not include a person who provides direct
			 care as a volunteer without receiving or expecting to receive any form of
			 remuneration other than reimbursement for actual expenses.
(B) "BCII" means the bureau of criminal
			 identification and investigation.
(C) "Chief administrator" means the
			 individual in charge of the daily operation of the DCP or any employee of the
			 DCP whom the chief administrator has designated as his representative pursuant
			 to paragraph (B) of rule
			 3701-13-03 of the Administrative
			 Code.
(D) "Criminal records check"
			 means any criminal records check conducted by the superintendent of BCII in
			 accordance with division (B) of section
			 109.572 of the Revised
			 Code.
(E) "Department" means the
			 department of health.
(F) "Direct
			 care" means the provision of a service to an older adult or group of older
			 adults that involves one or more of the following:
(1) Coordination of, direct supervision of,
			 or provision of personal care, nursing, or health related services;
(2) Routine contact, such as face-to-face,
			 hands-on physical assistance, verbal cueing,
			 reminding, standing by or monitoring of activities;
(3) Activity that requires the person to be
			 routinely alone with older adults or to routinely have access to older adults'
			 personal property or financial documents;
(4) Any routine service or activity
			 designated as direct care by the chief administrator; and
(5) In the case of a hospice care program,
			 any service provided in an older adult's place of residence.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-02 - Applicability

Current through all regulations passed and filed through July 1, 2024
(A) Chapter 3701-13
			 of the Administrative Code applies  to
			 persons who apply for employment in a position involving the provision of
			 direct care to an older adult  including:
(1) A person who
			 is paid directly by the DCP;
(2) A
			 person who contracts as an independent contractor with the DCP to provide
			 direct care on behalf of the DCP;
(3) A person who provides direct care on
			 behalf of the DCP pursuant to a contract between the DCP and another business
			 entity: and
(4) A person referred
			 to the DCP by an employment service, temporary employment service or staffing
			 pool.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-03 - Requirements for criminal records check

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in paragraph
			 (H) of this rule, the chief administrator 
								is obligated to
			 request that the superintendent conduct a criminal records check with respect
			 to each applicant.
(B) The chief
			 administrator of 
								a DCP may designate a representative such as a
			 director of nursing, medical director, facility manager, or personnel officer
			 to carry out the requirements of this rule on the chief administrator's behalf.
			 The chief administrator 
								remains ultimately responsible for complying with
			 the requirements of this rule.
(C)
			 Residency requirement.
(1) If the applicant
			 does not present proof of having been a resident of this state for the
			 five-year period immediately prior to the date the criminal records check is
			 requested or provide evidence that within that 
									five-year period the superintendent
			 has requested information about the applicant from the FBI in a criminal
			 records check, the chief administrator of the DCP 
									is obligated to
			 request that the superintendent obtain information from the FBI as part of the
			 criminal records check of the applicant.
(2) Even if the applicant presents proof of
			 having been a resident of this state for the five-year period or proof of
			 
									an FBI
			 criminal records check as specified in paragraph (C)(1) of this rule, the DCP
			 may request that the superintendentan include
			 information from the FBI in the criminal records check.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-04 - Conditional employment

Current through all regulations passed and filed through July 1, 2024
(A) A DCP may  conditionally employ an applicant for whom a criminal records check
			 request is required under rule
			 3701-13-02 of the Administrative
			 Code prior to obtaining the results of a criminal records check regarding the
			 applicant if the following requirements are met:
(1) The DCP 
									is prohibited from
									
									employing an applicant prior to obtaining the
			 completed form(s) and fingerprint impression sheet(s) from the applicant as
			 required in paragraph (F) of rule
			 3701-13-03 of the Administrative
			 Code. For purposes of this prohibition, the applicant cannot perform or
			 participate in any job related activity pertaining to a position involving the
			 provision of direct care to an older adult that places the applicant in an
			 active pay status.
(2) The DCP
			 
									is obligated
			 to request a criminal records check in accordance with paragraph (F) of
			 rule 3701-13-03 of the Administrative
			 Code by submitting the request to BCII not later than five business days after
			 the individual begins conditional employment.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-07 - Records and reports

Current through all regulations passed and filed through July 1, 2024
(A) Criminal records check disclosure. The
			 report of the criminal records check conducted pursuant to a request made under
			 rule 3701-13-03 of the Administrative
			 Code is not a public record for the purposes of section
			 149.43 of the Revised Code and
			 
								is not
			 permitted to be made available to
			 any person other than the following:
(1) The
			 individual who is the subject of the criminal records check or the individual's
			 representative;
(2) The chief
			 administrator of the DCP requesting the criminal records check or the
			 administrator's representative;
(3)
			 The chief administrator of the DCP, any other DCP, home health agency defined
			 under section 
									3740.01 of the Revised
			 Code, or PASSPORT agency that provides direct care to older adults that is
			 owned or operated by the same entity that owns or operates the DCP;
(4) Any court, hearing officer, or other
			 necessary individual involved in a case dealing with the denial of employment
			 of the applicant or dealing with employment or unemployment benefits; or
(5) Any person to whom a report is provided
			 pursuant to paragraph (H) of rule
			 3701-13-03 of the Administrative
			 Code or paragraph (B) of
			 3701-13-04 of the Administrative
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-08 - Liability

Current through all regulations passed and filed through July 1, 2024
In a tort or other civil action for damages that is brought as
				the result of an injury, death, or loss to person or property caused by an
				individual who a DCP employs in a position that involves providing direct care
				to older adults, the following applies:
(A) If the DCP employed the individual in
			 good faith and reasonable reliance on the report of a criminal records check
			 requested under this chapter, the DCP 
								will not be found negligent solely because of its
			 reliance on the report, even if the information in the report is determined
			 later to have been incomplete or inaccurate;
(B) If the DCP employed the individual in
			 good faith on a conditional basis pursuant to rule
			 3701-13-04 of the Administrative
			 Code, the DCP 
								will not be found negligent solely because it employed
			 the individual prior to receiving the report of a criminal records check
			 requested under this chapter;
(C)
			 If the DCP in good faith employed the individual according to the personal
			 character standards adopted under rule
			 3701-13-06 of the Administrative
			 Code, the DCP 
								will not be negligent solely because the individual
			 prior to being employed had been convicted of or pleaded guilty to an offense
			 listed or described in rule
			 3701-13-05 of the Administrative
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-09 - Compliance action

Current through all regulations passed and filed through July 1, 2024
As authorized by the applicable state laws and rules governing
				the specific DCP, the department may take appropriate action against a direct
				care provider that violates the requirements of Chapter 3701-13 of the
				Administrative Code and the authorizing sections of the Revised Code applicable
				to the specific DCP.
Five Year Review (FYR) Dates:
				06/14/2017 and
				06/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3701.34,
				3712.09
Rule
				Amplifies: 3712.09,
				3721.121
Prior
				Effective Dates: 9/5/1997
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-15 - Tuberculosis › Section 3701-15-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Active tuberculosis" means the same as
			 set out in section 339.71 of the Revised Code.
(B) "Approved course of therapy"
			 means the same as set out in section
			 339.73 of the Revised Code.
(C) "Case management" means a
			 strategy used to ensure that patients complete tuberculosis treatment. The
			 three elements of case management are: assignment of responsibility, systematic
			 regular review, and plans to address barriers to adherence.
(D) "Directly observed therapy" means that a
			 health care worker or other trained individual observes the tuberculosis
			 patient ingesting each dose of the prescribed medications.
(E) "Latent tuberculosis infection" or "LTBI"
			 means a positive reaction to the tuberculin skin test or BAMT, negative
			 bacteriologic studies (if done), and no clinical, bacteriologic, or
			 radiographic evidence of active tuberculosis.
(F) "Mantoux tuberculin skin test" means
			 injecting 0.1 ml of 5-TU PPD intradermally into the volar or dorsal surface of
			 the forearm.
(G) "Suspected
			 tuberculosis" means a person with or without a positive Mantoux tuberculin skin
			 test or BAMT who meets any of the following criteria:
(1) Has a specimen that is positive for
			 acid-fact bacilli on smear.
(2)
			 Has been prescribed two or more anti-tuberculosis medications for the treatment
			 of active tuberculosis.
(3) Has a
			 radiologic finding consistent with active tuberculosis.
(4) Has clinical symptoms or findings
			 consistent with active tuberculosis.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-15 - Tuberculosis › Section 3701-15-02 - Acceptable tuberculosis program

Current through all regulations passed and filed through July 1, 2024
An acceptable tuberculosis program, designated pursuant to
				division (A) of section
				339.72 of the Revised Code, is a
				program that includes at least the components set forth in this rule.
(A) Provides hospitalization for patients
			 with active or suspected tuberculosis for whom an acceptable ambulatory
			 treatment plan cannot be devised.
(B) An outpatient program ensuring the
			 following services:
(1) Maintenance of a
			 tuberculosis case registry with up-to-date information on all current
			 clinically active and suspected tuberculosis cases within the area served using
			 the designated Ohio department of health reporting system. Maintenance of
			 records on the examination and treatment status of the contacts to infectious
			 tuberculosis patients and other groups of high-risk infected persons.
(2) Laboratory and diagnostic
			 services as follows:
(a) Access to radiology
			 equipment and trained radiology technicians.
(b) Access to mycobacteriology laboratory
			 services that meet the following criteria:
(i) Results of acid-fast examinations of
			 specimens are available within twenty-four hours of the date the specimen is
			 received at the lab.
(ii) Reports
			 of isolation and identification of M. tuberculosis should be available within
			 fourteen to twenty-one days of the date the specimen is received at the
			 laboratory.
(iii) Reports of
			 drug-susceptibility tests for first-line drugs should be available within
			 fifteen to thirty-five days of specimen collection of the date the specimen is
			 received at the laboratory.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-15 - Tuberculosis › Section 3701-15-03 - Tuberculosis standards for the purposes of section 3701.14 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) Except as set out in this rule, for
			 purposes of section 3701.14 of the Revised Code, the
			 Ohio department of health adopts, by reference, the following tuberculosis
			 standards:
(1)
									All
			 tuberculosis reference materials can be found on the United States centers for
			 disease control and prevention's website at
https://www.cdc.gov/tb/publications/guidelines/default.htm
.
(2)
									The
			 recommendations of the United States centers for disease control and prevention
			 as set out in "Core Curriculum on Tuberculosis: What Every Clinician Should
			 Know." The "Core Curriculum" may be found at
https://www.cdc.gov/tb/education/corecurr/index.htm
.
(3) The recommendations
			 of the United States centers for disease control and prevention, the American
			 thoracic society, and infectious diseases society of America as set out in
			 "Treatment of Drug-Susceptible Tuberculosis," " Clinical Infectious Diseases,"
			 2016; 63(7):e147-95.
(4) The recommendations
			 of the United States centers for disease control and prevention as set out in
			 "Targeted Tuberculin Testing and Treatment of Latent Tuberculosis Infection,"
			 "Morbidity and Mortality Weekly Report: Recommendations and Reports, Vol. 49,
			 No. RR-6, June 9, 2000," as modified by "Update of Recommendations for Use of
			 Once-Weekly Isoniazid-Rifapentine Regimen to Treat Latent Mycobacterium
			 Tuberculosis Infection," "Morbidity and Mortality Weekly Report": June 29,
			 2018/67(25); 723-726.
(5) The recommendations
			 of the United States centers for disease control and prevention as set out in
			 "Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in
			 Health-Care Setting," 2005, "Morbidity and Mortality Weekly Report": December
			 30, 2005/54(RR17); 1-141, as modified by "Tuberculosis
			 Screening Testing, and Treatment of U.S. HealthCare Personnel: Recommendations
			 from the National Tuberculosis Controllers Association and CDC, 2019,"
			 "Morbidity and Mortality Weekly Report": May 17, 2019/68(19);
			 439-443.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules
				3701-16-01 to
				3701-16-18 of the Administrative
				Code:
(A) "Accommodations" means
			 housing, meals, laundry, housekeeping, transportation, social or recreational
			 activities, maintenance, security, or similar services that are not personal
			 care services or skilled nursing care.
(B) "Activities of daily living" means
			 walking and moving, bathing, grooming, toileting, oral hygiene, hair care,
			 dressing, eating, and nail care.
(C) "Administrator" means the person
			 responsible for the daily operation of the residential care facility. The
			 administrator and the operator may be the same person.
(D)
								"Advanced
			 Practice Nurse" means a registered nurse authorized to practice as a certified
			 nurse specialist, certified registered nurse anesthetist, certified nurse
			 midwife or certified nurse practitioner in accordance with section
			 4723.41 of the Revised
			 Code.
(E) "Bedroom" means a
			 room used by a resident or residents for sleeping purposes that is either a
			 resident unit or a portion of a resident unit.
(F) "Complex
			 therapeutic diets" has the same meaning as "therapeutic diet" as that term is
			 defined in paragraph (QQ) of this rule
(G) "County home" and
			 "district home" mean an entity operated under Chapter 5155. of the Revised
			 Code.
(H) "Department" means
			 the department of health.
(I) "Developmental
			 delay" means that a child has not reached developmental milestones expected for
			 
								their chronological age as measured by qualified
			 professionals using appropriate diagnostic instruments and/or procedures.
(1) Delay will be
			 demonstrated in one or more of the following developmental areas: adaptive
			 behavior, physical developmental or maturation (fine and gross motor skills;
			 growth) cognition; social or emotional development; and sensory development;
			 or
(2) An established risk
			 involving early aberrant development related to diagnosed medical disorders,
			 such as infants and toddlers who are on a ventilator, are adversely affected by
			 drug exposure, or have a diagnosed medical disorder or physical or mental
			 condition known to result in developmental delay such as Down
			 syndrome.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-02 - General provisions and prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) Nothing contained in rules
			 3701-16-01 to
			 3701-16-18 of the Administrative
			 Code should be construed as authorizing the supervision,
			 regulation, or control of the spiritual care or treatment of residents who rely
			 upon treatment by prayer or spiritual means in accordance with the creed or
			 tenets of any recognized church or religious denomination.
(B) For the purposes of rules
			 3701-16-01 to
			 3701-16-18 of the Administrative
			 Code:
(1) Any residence, institution, hotel,
			 assisted living facility, congregate housing project, or similar facility that
			 meets the definition of a residential care facility or a home for the aging
			 under section 3721.01 of the Revised Code is
			 such a home regardless of how the facility holds itself out to the
			 public;
(2) Any residence,
			 institution, hotel, assisted living facility, congregate housing project, or
			 similar facility that provides personal care services to fewer than three
			 residents or that provides for any number of residents, only housing,
			 housekeeping, laundry, meals, social or recreational activities, maintenance,
			 security, transportation, and similar services that are not personal care
			 services or skilled nursing care does not need to be licensed
			 under Chapter 3721. of the Revised Code or rules
			 3701-16-01 to
			 3701-16-18 of the Administrative
			 Code; and
(3) Personal care
			 services or skilled nursing care will be considered to be provided by a residential
			 care facility if they are provided by a person employed by or associated with
			 the facility or by another person pursuant to an agreement to which neither the
			 resident who receives the services nor 
									their sponsor is a party.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-03.1 - Expedited initial licensure inspections

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for licensure as a
			 residential care facility may request an expedited initial licensure inspection
			 by providing the department of health with all of the following:
(1) A complete initial residential care
			 facility application and fee 
									obligated by paragraph (A) of rule
			 3701-16-03 of the Administrative
			 Code;
(a) An application will be deemed
			 complete when the department verifies all information contained therein is
			 complete and accurate and meets the 
										criteria
			 of paragraph (B) of rule
			 3701-16-03 of the Administrative
			 Code;
(b) An applicant may elect an
			 expedited initial licensure inspection on the initial residential care facility
			 application and, if electing such an inspection, provide a fee in addition to
			 that 
										obligated by paragraph (A) of rule
			 3701-16-03 of the Administrative
			 Code, in the amount of two thousand two hundred fifty dollars;
(c) A fee collected by the department
			 
										will be
			 deposited in the state treasury to the credit of the general operations fund
			 created by section 3701.83 of the Revised Code, and
			 the fee shall not be refunded; and
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-04 - Inspections and investigations; correction

Current through all regulations passed and filed through July 1, 2024
(A) The director is obligated to
			 inspect each residential care facility at least once prior to the issuance of a
			 license, at least once every fifteen months and as the director considers
			 necessary. The inspections may be announced or unannounced except that one
			 unannounced inspection is obligated to be conducted at least every fifteen
			 months. The state fire marshal or a township, municipal, or other legally
			 constituted fire department approved by the fire marshal
			 is also
			 obligated to
								 inspect a
			 residential care facility prior to issuance of a license, at least once every
			 fifteen months thereafter, and at any other time requested by the director. A
			 residential care facility does not have to be inspected prior to issuance of a
			 license by the director, state fire marshal, or a fire department if ownership
			 of the facility is assigned or transferred to a different person and the
			 facility was licensed under Chapter 3721. of the Revised Code as a residential
			 care facility immediately prior to the assignment or transfer.
(B) The director may investigate any
			 complaint concerning a facility in accordance with sections
			 3721.031 and
			 3721.17 of the Revised
			 Code.
(C) An operator,
			 administrator, staff member or any other person is forbidden
			 from
								:
(1)
									
									Refusing to
			 permit the director for the purpose of inspecting or investigating the
			 operation of a residential care facility, to enter and inspect at any time a
			 building or premise where a residential care facility is located, or to enter
			 and inspect records, including resident medical records, which are kept
			 concerning the operation of the residential care facility for information
			 pertinent to the legitimate interest of the department.
(2)
									
									Using profane or abusive language directed at or
			 in the presence of residents or the director.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-05 - Personnel requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 residential care facility is obligated to arrange for the services of an
			 administrator who is obligated to:
(1)
			 Meet the applicable requirements of rule
			 3701-16-06 of the Administrative
			 Code;
(2) Be responsible for the
			 daily operation of the residential care facility including, but not limited to,
			 assuring that residents' ongoing or changing service needs, as identified in
			 the resident assessments, and services ordered by a licensed health care
			 professional are acted upon by the appropriate staff member. If the facility
			 does not provide for the needed service, 
									the facility is obligated to
			 discuss
									the lack of the needed service with the resident
			 as required by paragraph (G) of rule
			 3701-16-08 of the Administrative
			 Code;
(3) Provide not less than
			 twenty hours of service in the facility during each calendar week during the
			 hours of eight a.m. and six p.m. If the administrator is unable to provide at
			 least twenty hours of service in the residential care facility in a given
			 calendar week because of a vacation, illness, or other temporary situation, the
			 administrator is obligated to designate a staff member, who
			 is not
			 allowed to be less than twenty-one years of age
			 and who meets the requirements of paragraphs (D) and (H) of rule
			 3701-16-06 of the Administrative
			 Code, to serve as acting administrator;
(4)
									The
			 administrator or acting administrator is obligated to be accessible at all
			 other times when not present at the residential care facility. A residential
			 care facility located in the same building as a nursing home, or on the same
			 lot as a nursing home, both of which are owned and operated by the same entity,
			 will be considered to have met this requirement if the nursing home has a full-
			 time administrator licensed under Chapter 4751. of the Revised Code who is
			 responsible for both the residential care facility and nursing home. For the
			 purposes of this paragraph, "full-time" means no less than thirty-two hours per
			 calendar week.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-06 - Qualifications and health of personnel

Current through all regulations passed and filed through July 1, 2024
(A) No person with a disease which may be
			 transmitted in the performance of the person's job responsibilities
			 is allowed
			 to work in a residential care facility during the stage of
			 communicability unless the person is given duties that minimize the likelihood
			 of transmission and follows infection control precautions and
			 procedures.
(B) No person
			 is allowed
			 to work in a residential care facility who uses alcohol or drugs to the
			 extent that it adversely affects the performance of the person's duties or the
			 health or safety of any resident.
(C) No person is allowed to
			 work in a residential care facility in any capacity as a full-time, part-time
			 or temporary paid employee of the facility unless the person has been examined
			 by a physician or other health care professional acting within their applicable
			 scope of practice within thirty days before commencing work or on the first day
			 of work. No person is allowed to commence work in a residential care
			 facility in any capacity unless the person is medically capable of performing
			 the person's prescribed duties. Operators are obligated to
			 retain copies of the examinations 
								obligated by this paragraph and
			 are obligated
			 to furnish them to the director upon request.
(1) Employees of temporary employment
			 services or, to the extent applicable, paid consultants working in a facility
			 are obligated
			 to have medical examinations in accordance with paragraph (C) of this
			 rule, except that a new physical examination is not 
									necessary
			 for each new assignment. Each facility in which such an individual works
			 are obligated
			 to obtain verification of the physical examination, as applicable, from
			 the employment agency or consultant before the individual begins work and
			 are obligated
			 to maintain this documentation on file.
(2) Individuals used by an adult day care
			 program provided by and on the same site as the residential care facility
			 are obligated
			 to have medical examinations in accordance with paragraph (C) of this
			 rule if the adult day care program is located or shares space within the same
			 building as the residential care facility or if there is a sharing of staff
			 between the residential care facility and adult day care program.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-07 - Resident agreement; other information to be provided upon admission; risk agreements

Current through all regulations passed and filed through July 1, 2024
(A) A
			 residential care facility 
								is not allowed to admit an individual who
			 
								is in need
			 of services or accommodations beyond that which a residential care
			 facility is authorized to provide under paragraph (D) of rule
			 3701-16-02 of the Administrative
			 Code or beyond that which the specific facility provides.
(B) A residential care facility
			 
								is
			 not allowed to admit a resident prior to searching for the individual on
			 the Ohio sex offender registry as 
								obligated by section
			 3721.122 of the Revised
			 Code.
(C) Except for residents
			 receiving hospice care, no residential care facility is allowed to
			 admit or retain an individual who:
(1)
									
									Needs skilled nursing care that is not authorized by
			 section 3721.011 of the Revised Code or
			 is beyond that which the specific facility can provide;
(2)
									
									Needs
			 medical or skilled nursing care at least eight hours per day or forty hours per
			 week;
(3)
									
									Needs chemical or physical restraints as defined in
			 paragraph (L) of rule
			 3701-16-09 of the Administrative
			 Code;
(4) Is bedridden with limited
			 potential for improvement;
(5) Has
			 stage III or IV pressure ulcers. For purposes of this rule, "pressure ulcers"
			 means any lesion caused by unrelieved pressure, or pressure in combination with
			 shear and/or friction, which results in damage to the underlying tissue.
			 Pressure ulcers 
									are to be staged in accordance with
			 current staging definitions issued by the "National
			 Pressure Ulcer Advisory Panel" ;
			 or
(6) Has a medical condition that
			 is so medically complex or changes so rapidly that it
			 
									necessitates constant monitoring and adjustment of
			 treatment regimen on an ongoing basis.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-09 - Personal care services; medication administration; resident medications; application of dressings; supervision of therapeutic diets

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of this rule;
(1) Personal care services or skilled nursing
			 care 
									are provided by a residential care facility
			 when:
(a)
										They are provided
			 by a person:
(i)
											Employed by the facility;
(ii)
											Associated with
			 the facility; or
(iii)
											Who is a related party to the facility;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-09.1 - Skilled nursing care

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as provided for in division (D) of section
			 3721.011 of the Revised Code, a
			 residential care facility may admit or retain individuals who
			 
								are in need
			 of skilled nursing care beyond the supervision of special diets,
			 application of dressings, or administration of medication only if the skilled
			 nursing care will be provided on a part-time, intermittent basis for not more
			 than a total of one hundred twenty days in any twelve-month period regardless
			 of any transfer or discharge and readmission to the facility. A part-time,
			 intermittent basis means that skilled nursing care is rendered for less than
			 eight hours a day or less than forty hours a week. For the purposes of this
			 provision:
(1) The residential care facility
			 is obligated
			 to use the following criteria in tracking the one hundred and twenty days
			 of part-time, intermittent skilled nursing care permitted under this paragraph:
(a) Self-care 
										does not
			 
										count toward the allowable one hundred twenty
			 days;
(b) Services provided by
			 physical and occupational therapists and assistants licensed under Chapter
			 4755. of the Revised Code and speech-language pathologists licensed under
			 Chapter 4753. of the Revised Code do not constitute skilled nursing care and
			 
										are not
			 to be counted;
(c) Only days on which skilled nursing care
			 is performed 
										are to be counted toward the allowable one hundred and
			 twenty days; and
(d) Medication
			 administration, supervision of therapeutic diets or application of dressings
			 
										will be
			 counted toward the allowable one hundred and twenty days, if the residential
			 care facility does not provide for these services, pursuant to rule
			 3701-16-09 of the Administrative
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-10 - Dietary services; supervision of therapeutic diets

Current through all regulations passed and filed through July 1, 2024
(A) Each residential care facility
			 is obligated
			 to specify in its residential care facility policies and the resident
			 agreements, 
								established by rule
			 3701-16-07 of the Administrative
			 Code, the amount and types of dietary services it provides. The facility
			 is obligated
			 to elect to provide any of the following:
(1) No meals;
(2) One, two, or three daily meals;
(3) Preparation of special diets other than
			 therapeutic diets; one, two, or three daily meals; or
(4) Preparation and supervision of
			 therapeutic diets. Each facility that elects to supervise therapeutic diets
			 is obligated
			 to provide three daily meals and meet the 
									criteria
			 of this chapter of the Administrative Code for the supervision of therapeutic
			 diets;
Each residential care facility that provides meals
				is obligated
				to include a variety of food accommodating religious restrictions and
				ethnic and cultural preferences of residents in accordance with the residential
				care facility's policy
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-11 - Resident life enrichment; finances; pets; laundry

Current through all regulations passed and filed through July 1, 2024
(A) Each residential care facility
			 is obligated
			 to encourage residents to participate in social, recreational, and
			 leisure activities. The residential care facility is obligated to,
			 with consideration given to resident preferences, provide or arrange for varied
			 activities of sufficient quantity so that residents' lives may be more
			 meaningful, to stimulate physical and mental capabilities and to assist
			 residents in attaining their optimal social, physical, and emotional
			 well-being. The residential care facility is obligated to
			 provide, at minimum, all of the following:
(1)
			 One local daily newspaper either in digital or paper
			 format, or current community activity brochures and
			 advertisements;
(2) Information
			 about activities in the community and the availability of transportation to
			 community activities; and
(3) An
			 opportunity for residents to engage in a variety of activities which may
			 include, but 
									are not  limited
			 to, internet, television, crafts, reading, or
			 games.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-12 - Changes in residents' health status; incidents; infection control; tuberculosis control plan

Current through all regulations passed and filed through July 1, 2024
(A) In the event
			 of a significant adverse change in residents' health status, the residential
			 care facility is obligated to do all of the following:
(1) Take immediate and proper steps to see
			 that the resident receives necessary intervention including, if needed, medical
			 attention or transfer to an appropriate medical facility;
(2) Make a notation of the change in health
			 status and any intervention taken in the resident's record;
(3) Provide pertinent resident information to
			 the person providing the intervention as soon as possible; and
(4) Notify the sponsor unless the resident
			 refuses or requests otherwise.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-13 - Building, plumbing, fire, carbon monoxide safety, and disaster preparedness standards

Current through all regulations passed and filed through July 1, 2024
(A) The
			 building or buildings in which a residential care facility is located
			 are obligated
			 to be approved by and have a certificate of occupancy for the appropriate
			 use group designation issued by the local certified building department with
			 jurisdiction over the area in which the building or buildings are located, or
			 by the department of commerce if there is no local certified building
			 department. In the case of a license renewal, if any alterations to the
			 buildings have been made since the original license was issued or the license
			 was last renewed, whichever is later, the residential care facility
			 is obligated
			 to have a certificate of occupancy for the residential care facility
			 issued by the department of commerce or a local certified building
			 department.
(B) The plumbing
			 fixtures in a residential care facility are obligated to
			 conform to the applicable provisions of the Ohio plumbing code.
(C) All plumbing 
								is to be
			 installed in accordance with the Ohio plumbing code and maintained free of
			 leakage and odors and have adequate water pressure to reasonably ensure
			 resident health and safety protection. This includes, but is not limited to,
			 plumbing in:
(1) Water closets;
(2) Service sinks;
(3) Kitchens;
(4) Utility closets;
(5) Public and resident bathrooms;
(6) Shower and bathing areas; and
(7) Drinking fountains.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-14 - Space standards

Current through all regulations passed and filed through July 1, 2024
(A) For
			 purposes of this rule, "habitable floor area" means the clear floor area of a
			 bedroom or resident unit and the floor area occupied by the usual room
			 furniture, such as beds, chairs, sofas, dressers, and tables and does not
			 include areas partitioned off in the bedroom or resident unit such as closets
			 and toilet rooms.
(B) Each
			 residential care facility is obligated to provide resident unit space for each
			 resident which meets the following criteria:
(1) Except as provided for in paragraphs
			 (B)(1)(a) and (B)(1)(b) of this rule, in facilities which were licensed prior
			 to December 22, 1964, and in continuous operation since that date, every
			 single-occupancy bedroom 
									is obligated to have a habitable floor area of
			 not less than eighty square feet and every multi- occupancy bedroom
			 is obligated
			 to have a habitable floor area of not less than seventy square feet per
			 person.
(a) Resident units added after
			 December 22, 1964, are obligated to comply with paragraph (B)(2) of this
			 rule; and
(b) Any building licensed
			 as a facility on or before December 22, 1964, that discontinued operating as a
			 facility and later resumed facility operation is obligated to
			 comply with paragraph (B)(2) of this rule;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-15 - Building maintenance, equipment and supplies

Current through all regulations passed and filed through July 1, 2024
(A) Each residential care facility
			 is obligated
			 to maintain heating, electrical, and other building service equipment in
			 good working and safe condition
								and have its central
			 heating system checked every two years by a heating contractor.
(B) Each residential care facility
			 is obligated
			 to maintain a clean, healthy environment by at minimum:
(1) Establishing and implementing
			 housekeeping and maintenance procedures to assure a clean, safe, sanitary
			 environment;
(2) Providing durable
			 garbage and refuse receptacles to accommodate waste. The residential care
			 facility is
			 obligated to store all garbage and other refuse in leakproof containers
			 with tight fitting covers until time of disposal, and dispose all waste in a
			 satisfactory manner; and
(3)
			 Eliminating any existing insects and rodents and taking effective measures to
			 prevent the presence of insects and rodents in or around any building used for
			 a residential care facility or part thereof. The extermination of insects and
			 rodents 
									is
			 to be done in such a manner as not to create a fire or health
			 hazard.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-16 - Temperature regulation in residential care facilities

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of this rule:
(1) "Resident area" means any area within a
			 residential care facility that is occupied at any time by a resident.
(2) "Temperature range" means between
			 seventy-one degrees Fahrenheit and eighty- one degrees Fahrenheit.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-17 - Records and reports

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 residential care facility is obligated to maintain records which
			 
								are able
			 to be made available for inspection at all times when requested by the
			 director, including:
(1) An individual record
			 for each resident 
									that is stored in a manner that protects and
			 ensures confidentiality, except that information 
									is
			 immediately accessible for an emergency;
(a)
			 Each resident record 
										will be started immediately upon admission to the
			 residential care facility and  include
			 the following:
(i) The resident's name,
			 previous address, date of birth, gender, race, religion; the date the resident began
			 living at the residential care facility; the names, addresses, and telephone
			 numbers of the resident's attending physician, nearest relative,
			 current guardian, if any, and any other
			 individuals the resident designates to be contacted, including individuals to
			 be notified in the event of an emergency. If
			 applicable, the contact information of the nearest relative or guardian is
			 obligated to be reviewed and updated every six months to ensure appropriate
			 notification in the event of an emergency, quarantine, or closure. The
			 residential care facility 
											is not allowed to coerce a resident to provide
			 any of this information;
(ii)
			 Copies of the health assessments 
											in accordance with rule
			 3701-16-08 of the Administrative
			 Code;
(iii) Notations about
			 incidents and adverse changes in health status 
											in accordance
			 with
											 rule
			 3701-16-12 of the Administrative
			 Code;
(iv)
											
											A
			 medication record 
											in accordance with paragraph (I)(7) of rule
			 3701-16-09 of the Administrative
			 Code as well as any medicare-D plan, if any, in which the resident is enrolled
			 and receives prescription medication;
(v)
											
											Documentation
											
											in
			 accordance with paragraph (J) of rule
			 3701-16-10 of the Administrative
			 Code for residents on therapeutic diets;
(vi)
											
											A written resident agreement
			 
											in
			 accordance with rule
			 3701-16-07 of the Administrative
			 Code;
(vii)
											
											Documentation
											
											in accordance with paragraphs (J)(5)
			 of rule 3701-16-09 and (B)(4) and (C)(3)
			 of rule 3701-16-09.1 of the
			 Administrative Code for residents receiving skilled nursing care provided by
			 the residential care facility; and
(viii) A copy of risk agreements entered into
			 under paragraph (G) of rule
			 3701-16-07 of the Administrative
			 Code and the signed statement 
											in accordance with paragraph (H)
			 of rule 3701-16-07 of the Administrative
			 Code, if applicable;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-16 - Residential Care Facilities › Section 3701-16-18 - Variances

Current through all regulations passed and filed through July 1, 2024
(A) The director
			 may grant a variance from the requirements of rules
			 3701-16-01 to
			 3701-16-18 of the Administrative
			 Code unless required by statute if the operator or administrator shows that
			 granting the variance will not jeopardize the health or safety of any resident
			 and that:
(1) Because of practical
			 difficulties or other special conditions, strict application of the licensure
			 requirement will cause unusual and unnecessary hardship; or
(2) An alternative to the licensure
			 requirement, including new concepts, methods, procedures, techniques, or the
			 conducting of pilot projects is in the interest of better health care or
			 management.
No variance 
										will be granted that will defeat the spirit and
				general intent of these rules or otherwise not be in the public
				interest.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-17 - Nursing Homes › Section 3701-17-02 - Application of rules

Current through all regulations passed and filed through July 1, 2024
(A) All nursing homes shall comply with rules
			 3701-17-01 to
			 3701-17-26 of the
			 Administrative Code and the applicable provisions of Chapter 3721. of the
			 Revised Code.
(B) Nothing
			 contained in rules
			 3701-17-01 to
			 3701-17-26 of the
			 Administrative Code shall be construed as authorizing the supervision,
			 regulation, or control of the spiritual care or treatment of residents in any
			 nursing home who rely upon treatment by prayer or spiritual means in accordance
			 with the creed or tenets of any recognized church or religious denomination;
			 provided, however, each nursing home shall otherwise comply with rules
			 3701-17-01 to
			 3701-17-26 of the
			 Administrative Code, and each resident shall otherwise be provided with the
			 services and care required by such rules.
R.C. 119.032 review dates:
				10/11/2011 and
				10/01/2016
Promulgated
				Under: 119.03
Statutory Authority: 3721.04
Rule
				Amplifies: 3721.01, 3721.02, 3721.03, 3721.05, 3721.07
Prior
				Effective Dates: 3/1/1971, 2/21/92, 10/20/01