reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-09 - Medical

Current through all regulations passed and filed through July 1, 2024
Each twelve-hour facility shall maintain the following
			 minimum standards in regard to medical policies and procedures:
(A)
								(Essential) Medical policies and procedures will be
			 specifically developed for the facility. A physician, licensed to practice
			 medicine in Ohio, will document approval upon initial development and whenever
			 revisions are made.
(B)
								(Essential) Health-trained personnel will perform a
			 medical, dental and mental health screening on each prisoner upon arrival at
			 the jail. Findings will be recorded on a form approved by the jail physician.
			 The receiving screening includes at least the following:
(1)
									Inquiry
			 into:
(a)
										Current illness and health problems;
(b)
										Dental
			 problems;
(c)
										Mental health problems;
(d)
										Use of alcohol
			 and drugs including types, amounts and frequency used, date or time of last use
			 and history of any problems after ceasing use;
(e)
										Past and present
			 treatment or hospitalization for mental disturbances or suicidal
			 ideation;
(f)
										Possibility of pregnancy;
(g)
										Other health
			 problems designated by the jail physician.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-10 - Food service

Current through all regulations passed and filed through July 1, 2024
Each twelve-hour facility shall comply with the following
			 minimum food service standards:
(A)
								(Essential)
			 prisoners will be served a minimum of three meals at regularly scheduled
			 intervals.
(B)
								(Important) All prisoners held during an established
			 mealtime are provided a meal.
(C)
								(Important)
			 Prisoner diets are to be modified by the appropriate licensed individual to
			 meet specific requirements related to medical conditions and to accommodate
			 religious requirements.
Replaces: 5120:1-12-10
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-12 - Prisoner discipline

Current through all regulations passed and filed through July 1, 2024
Each twelve-hour facility shall maintain the following
			 minimum standards regarding discipline:
(A)
								(Important)
			 Prisoner rules will specify prohibited acts.
(B)
								(Important)
			 Prisoner rules will specify the fundamental rights that cannot be suspended
			 except in an emergency or other conditions beyond the control of the jail
			 administrator.
(C)
								(Important) Jail disciplinary measures will not include
			 corporal punishment, discipline administered by prisoners, or withholding
			 food.
Replaces: 5120:1-12-12
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-16 - Grievance

Current through all regulations passed and filed through July 1, 2024
Each twelve-hour facility shall maintain the following
			 minimum standards in regard to grievances:
(A)
								(Important)
			 prisoner rules will include a grievance procedure that is available to
			 prisoners and includes at least one level of appeal.
(B)
								(Important)
			 Retaliation by staff for prisoner grievances is prohibited.
Replaces: 5120:1-12-16
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-17 - Staffing

Current through all regulations passed and filed through July 1, 2024
(Important) Each twelve-hour facility shall maintain the
			 following minimum standards for staffing:
(A)
								(Essential) Have
			 a designated jail administrator who is qualified by training or experience to
			 supervise and control prisoners as outlined in a written job description.
(B)
								(Important) There is a written, implemented staffing plan
			 that includes jail personnel assignments, days of the week and hours of the day
			 that assignments are covered and any deviations from the plan with respect to
			 weekends, holidays or other atypical situations. The staffing plan is reviewed
			 at intervals not to exceed three hundered sixty-five days and revised as
			 needed
(C)
								(Important) A written code of ethics is provided to
			 jail employees.
Replaces: 5120:1-12-17
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-12 - Twelve-Hour Facilities › Section 5120:1-12-18 - Staff training

Current through all regulations passed and filed through July 1, 2024
Each twelve-hour facility shall maintain the following
			 minimum standards in regard to staff training:
(A)
								(Important) At
			 least one employee per shift, and all others who have been assigned direct
			 responsibility of custody and supervision of prisoners will receive training as
			 follows:
(1)
									Training in the jail policies and procedures prior to or in
			 conjunction with assignment to jail duties.
(2)
									During the first
			 year of assignment receive sixteen hours of training including legal aspects of
			 corrections, security concepts, emergencies, interpersonal communications,
			 first aid/CPR, medical/mental health issues, suicide prevention, unarmed
			 self-defense and "Minimum Standards for Jails in Ohio."
(3)
									Two hours of
			 in-service training each subsequent year of employment addressing specific job
			 assignments and/or jail related issues.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-02 - Eligibility requirements for community based correctional facilities and programs

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes the minimum
			 eligibility requirements that must be met by participating counties for
			 establishing single county or district community-based correctional facilities
			 and programs.
(B) Single county
			 community-based facilities and programs:
(1)
			 Any county desiring to establish a single county community-based correctional
			 facility and program must be within a county whose population is two hundred
			 thousand or more.
(2) A judicial
			 advisory board must be established pursuant to division (A)(3)(a) of section
			 2301.51 of the Revised Code.
(3) A facility governing board
			 must be established pursuant to division (A)(3)(c) of section
			 2301.51 of the Revised Code.
(4) Each facility governing board
			 must develop, adopt and submit to the division of parole and community services
			 a proposal for the development, implementation, and operation of a
			 community-based correctional facility and program located in the county using
			 the requirements specified in rule
			 5120:1-14-03
			 of the Administrative Code.
(5)
			 Prior to approval by the division of parole and community services of a
			 proposal establishing a community-based correctional facility and program which
			 has been submitted by the facility governing board, no person can be sentenced
			 or referred to the facility or program.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-03 - Requirements for facility governing boards in the operation of community based correctional facilities

Current through all regulations passed and filed through July 1, 2024
(A) This rule sets forth the minimum
			 requirements of operation that must be met by each facility governing
			 board.
(B) All programs shall have
			 stated goals and measurable objectives within the proposal submitted to the
			 division of parole and community services. Approved programs must operate in a
			 manner consistent with achievement of stated goals and objectives.
(C) Community-based correctional facilities
			 and programs shall have seven-day-a-week, twenty-four-hours-a-day supervisory
			 coverage.
(D) The community-based
			 correctional facility shall afford equal treatment to offenders,
			 applicants, and staff without discrimination as to
			 that person's race, color, religion, sex (including
			 gender identity, sexual orientation, pregnancy), national origin, age,
			 disability, or genetic information.
(E) Each facility governing board shall have
			 a written policy prohibiting any conflict of interest in accordance with Ohio
			 ethics law.
(F) Each facility
			 governing board shall have policies and procedures which shall be available to
			 all employees that shall include:
(1) Job
			 description and job qualifications;
(2) Recruitment, training, and supervision of
			 staff;
(3) Orientation of new
			 staff;
(4) Promotional
			 opportunities;
(5) Disciplinary
			 policies and procedures.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-04 - Screening standards

Current through all regulations passed and filed through July 1, 2024
Screening standards shall at a minimum provide for the
				following:
(A) A referral procedure
			 for use by the sentencing court or legal entity for referral or commitment to
			 the facility and program. The referral procedure shall include but is not
			 limited to:
(1) A procedure for receiving
			 notification from the sentencing court of all felony offenders whom have been
			 sentenced.
(2) A procedure for
			 receiving a presentence investigation report from the court or its probation
			 department. Per section
			 2951.03
			 of the Revised Code, the presentence investigation report shall include but is
			 not limited to the following:
(a) Present
			 offense;
(b) Criminal
			 record;
(c) Social
			 history;
(d) Present condition of
			 the defendant.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-05 - Application and fiscal management for facility governing boards

Current through all regulations passed and filed through July 1, 2024
(A) Application:
Applications for state financial assistance to establish, maintain
			 and operate a community-based correctional facility and program shall be
			 submitted to the division of parole and community services of the department of
			 rehabilitation and correction.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-06 - Proposals for community based correctional facility programs

Current through all regulations passed and filed through July 1, 2024
(A) The director of
			 the department of rehabilitation and correction shall provide local facility
			 governing boards with technical assistance upon request.
(B) Each proposal for a community-based
			 correctional facility and program shall set forth all information required by
			 section
			 2301.52
			 of the Revised Code. To assist facility governing boards in developing
			 proposals, the department sets forth the following proposal guidelines:
			 describe, document, and analyze the present status of the local criminal
			 justice system, with special attention on existing correctional services. The
			 use of statistical data shall include figures from the last fiscal year.
			 Information to be reported shall include, but not be limited to, the following:
(1) The number of offenders, with a profile
			 of convictions by felony level, the number sentenced to state institutions, the
			 number placed on community sanctions and the number of sentences modified
			 during the previous fiscal year.
(2) A description of the continuum of
			 sanctions within the proposed community-based correctional facility
			 jurisdiction(s). With a description of how the community-based correctional
			 facility 
									complements the continuum of sanctions for the
			 jurisdictions to be served and how it will:
(a) Reduce state prison
			 commitments.
(b) Reduce the costs
			 of incarceration in state prison.
(c) Make efficient use of limited prison
			 space for serious offenders.
(d)
			 Provide for public safety.
(e)
			 Provide productive offender reintegration into the community;
(f) Reduce recidivism.
(3) The estimated number of offenders that
			 will be referred or committed to the facility and program in the year of
			 application.
(4) Proposed treatment
			 programs.
(5) The proposed budget
			 for maintaining and operating a facility and program.
(6) Identification of the county or counties
			 establishing a facility governing board, and the names of members of the
			 facility governing board.
(7)
			 Stated goals and objectives of the facility and program.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-08 - Compliance with rules of the department of rehabilitation and correction

Current through all regulations passed and filed through July 1, 2024
(A) Participating
			 facility governing boards shall cooperate with and provide any additional
			 information as may be required by the department of rehabilitation and
			 correction in carrying out an ongoing evaluation of community-based
			 correctional facilities and programs to determine the program's success and to
			 assist the department of rehabilitation and correction in the preparation of
			 its annual report.
(B) Program
			 evaluation:
(1) The program shall be
			 evaluated on the basis of a research design agreed upon between the department
			 of rehabilitation and correction and applicants.
(2) The applicant shall provide information
			 as required by a management information system established by the department of
			 rehabilitation and correction.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-09 - General operating standards for community-based correctional facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio department of rehabilitation and correction
			 ("ODRC") shall establish performance-based general program operating standards
			 for community-based correctional facilities receiving funding by the department
			 of rehabilitation through the bureau of community sanctions. In accordance with
			 applicable ODRC policy, community-based correctional facility ("CBCF")
			 compliance shall be determined by the bureau through an annual or bi-annual
			 program review with site visits in the intervening years intended to monitor
			 program progress toward compliance with program review recommendations.
			 Unannounced site visits may be conducted to review specific standards at any
			 time when there is a reason to believe that programs may be non-compliant with
			 established standards.
(B)
								In addition to establishing minimum operating
			 expectations, bureau of community sanctions performance-based standards shall
			 serve as a guide to the programs to implement effective evidence-based
			 community corrections practices.
(C)
								Subject to
			 paragraphs (D) and (E) of this rule, in addition to satisfying the general
			 standards of operation described in paragraph (A) of this rule, a
			 community-based correctional facility that is receiving funding from the
			 department of rehabilitation and correction shall be used to confine only those
			 felony offenders who satisfy one or more of the following admission
			 criteria:
(1)
									The offender's risk level, as assessed using the Ohio risk
			 assessment system, is high or moderate;
(2)
									The most serious
			 offense for which the offender is being sentenced to the community-based
			 correctional facility is a felony of the first degree or a felony of the second
			 degree;
(3)
									The offender is being placed in the facility for
			 violating a condition of supervision; or
(4)
									The offender has
			 one or more community control revocations in the preceding five
			 years.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-14 - Community Based Corrections Facilities and Programs › Section 5120:1-14-10 - Specific operating standards for community-based correctional facilities

Current through all regulations passed and filed through July 1, 2024
The department of rehabilitation and
				correction is authorized to establish specific operating standards for
				community-based correctional facilities funded through the bureau of community
				sanctions. Such standards shall include but not be limited to the
				following:
(A)
								Governing board meeting requirements.
(B)
								Data entry or
			 submission upon request, possibly including but not limited to: GED results and
			 education level of offenders at entry and exit.
(C)
								Housekeeping and
			 maintenance expectations.
(D)
								Security and offender identification
			 expectations.
(E)
								Surveillance requirements for any offender placed in
			 any type of restrictive housing or protective watch.
(F)
								Prison Rape
			 Elimination Act (PREA) Investigation and reporting requirements.
Replaces: 5120:1-14-10
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-15 - Approval of T-CAP Memorandums of Understanding › Section 5120:1-15-01 - Glossary of terms

Current through all regulations passed and filed through July 1, 2024
(A) Local correctional facility: A county,
			 municipal, municipal-county, multicounty-municipal jail or workhouse, a
			 community alternative sentencing center or district community alternative
			 sentencing center, a minimum security jail, or a community-based correctional
			 facility pursuant to divisions (C) and (D) of section
			 2929.34 of the Revised
			 Code.
(B) Per diem costs: The
			 actual costs of housing the specified prisoners in the facility, on a per diem
			 basis, as determined under division (F)(1) of section
			 5149.38 of the Revised
			 Code.
(C) "Targeted Community
			 Alternatives to Prison" (T-CAP): Except as provided in division (B)(3)(d) of
			 section 2929.34 of the Revised Code, on
			 and after July 1, 2018, no person sentenced by the court of common pleas of
			  a voluntary county to
			 a prison term 
			 for a felony of the fifth degree shall serve the term in an institution under
			 the control of the department of rehabilitation and correction.
			 Unless otherwise provided in a memorandum of
			 understanding as described under section
			 5149.38 of the Revised Code,
			 after September 1, 2022, no person sentenced by the court of common pleas of a
			 voluntary county for a felony of the fourth degree shall serve the term in an
			 institution under the control of the department of rehabilitation and
			 correction.
(D) Voluntary county:
			 Any county in which the board of county commissioners of the county and the
			 administrative judge of the general division of the court of common pleas of
			 the county enter into an agreement of the type described in division (B)(3) (b)
			 of section 2929.34 of the Revised Code and
			 in which the agreement has not been terminated as described in that
			 division.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-15 - Approval of T-CAP Memorandums of Understanding › Section 5120:1-15-02 - Standards for approval of T-CAP memorandums of understanding

Current through all regulations passed and filed through July 1, 2024
This rule establishes the requirements that must be met for
				memorandums of understanding submitted by  voluntary counties. The department of rehabilitation and
				correction shall approve MOUs that meet the following criteria:
(A) Set forth plans by which the county will
			 use grant money provided to the county in state fiscal year
			 2023 and succeeding state fiscal years.
(1)
			 County plans should not expend more than fifty per cent of the grant allotment
			 on jail incarceration.
(2) If a
			 county indicates that more than fifty per cent of the grant allotment will be
			 spent on jail incarceration, the county must indicate and justify why it
			 believes it must spend the level of funding on incarceration and indicate what
			 other alternatives were considered and why those alternatives were not
			 selected.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-16 - Sex Offender and Child-Victim Offender Treatment Programs › Section 5120:1-16-01 - Certification for sex offender and child-victim offender treatment programs

Current through all regulations passed and filed through July 1, 2024
(A) There is hereby
			 created within the department a sex offender and child-victim oriented offender
			 treatment program certification advisory board. The board's responsibilities
			 will be to direct the inspection and monitoring of sex offender and
			 child-victim offender treatment programs. The board will also recommend the
			 certification of sex offender and child-victim offender treatment programs to
			 the director of the department of rehabilitation and correction. The board will
			 monitor and recommend certification for such programs solely for the purposes
			 of compliance with section
			 2950.15 of the Revised Code.
(1) The board shall consist of the
			 department's director of sex offender services, the director of the sex
			 offender risk reduction center, and the 
									deputy director of the division of parole and community
			 services or designee.
(2) The
			 board shall also consist of representatives from the Ohio justice alliance for
			 community corrections, the Ohio community corrections association, the Ohio
			 judicial conference, the Ohio chief probation officer's association, and a
			 representative from an established victim advocacy organization upon the
			 invitation of the director and consent of the organization.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-02 - Notification and consultation with constituencies affected by rules, standards, and guidelines

Current through all regulations passed and filed through July 1, 2024
(A)
								Definitions.
(1)
									"Board" means any board authorized pursuant to Chapter
			 340. of the Revised Code, such as a board of alcohol, drug addiction, and
			 mental health services; an alcohol and drug addiction services board ; or a
			 community mental health board.
(2)
									"Consultation"
			 means the process described in this rule by which the department seeks
			 information from relevant constituencies prior to the establishment of rules,
			 standards, and guidelines. Such communications may be written or oral, in group
			 or individual meetings, by review of proposals or responses, or other
			 appropriate methods.
(3)
									"Department " means the Ohio department of mental
			 health and addiction services.
(4)
									"Guideline" means
			 a written set of principles by which to make a judgment or determine a course
			 of action and which is required to be issued by the department under Chapter
			 340. or 5119. of the Revised Code.
(5)
									"Rule" as defined
			 by division (C) of section
			 119.01 of the Revised Code,
			 means a written statement having a general and uniform operation, adopted under
			 Chapter 119. of the Revised Code, and enforced by the department under the
			 authority of the laws governing the department.
(6)
									"Standard" means
			 those standards required to be adopted as rules under Chapter 5119. of the
			 Revised Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-03 - HIPAA requirements, policies and procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose.
			 The purpose of this rule shall be to establish required policies and procedures
			 for department-wide compliance with the Health Insurance Portability and
			 Accountability Act of 1996 (HIPAA), the American
			 Recovery and Reinvestment Act of 2009 (ARRA), and
			  implementing  regulations.
(B)
								Procedure.
								
								All
			 offices, 
								hospitals, including CSN programs, and workforce
			 members of the Ohio department of mental health
			 (ODMH) are directed to follow all applicable 
								mandates found in the "ODMH
			 HIPAA Requirements, Policies, and Procedures Manual" maintained at each
			 regional
			 psychiatric hospital (RPH), at OSS, and in central office.
Failure to comply with this internal
				management rule and its referenced document, the "ODMH HIPAA
				Requirements, Policies, and Procedures Manual", may result in
				disciplinary sanctions as defined in  ODMH policy AH-22, "Code of Conduct and General
				Work Rules", effective January 1, 2010, and as it
				may be amended.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-06 - Research

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule shall be to establish policies and procedures for the planning,
			 review, administration and coordination of all research projects which are
			 funded by the department, or which utilize patients, staff or records of
			 
								regional
			 psychiatric hospitals (RPHs) or persons under the managing authority of
			 the department.
(B) The provisions
			 of this rule shall be applicable to all employees of the department and to
			 individuals and organizations carrying out research approved (funded or
			 non-funded) by the department.
(C)
			 The following definitions shall apply to this rule in addition to or in place
			 of those appearing in rule
			 5122-1-01 of the
			 Administrative Code:
"Applied research" means an original,
				systematic study designed to answer a specific question, determine why
				something failed or succeeded, solve a specific pragmatic problem, or to
				acquire new knowledge and understanding. Applied research has immediate and
				direct impact on a specific problem.
(D) The
			 department shall institute, encourage and support applied research projects in both communities and
			 RPHs. The
			 projects may include studies of causes, prevention, or treatment of mental
			 illness, and means for enhancing the positive mental health of the citizens of
			 Ohio.
(E) Policy
(1) All research funded by the department
			 shall be reviewed and approved by the office of  research
			 and evaluation. Research approved for funding
			 shall be consistent with priorities identified in the department's strategic
			 plan. Depending upon the subject matter of this research, the review process
			 shall also include other individuals such as the department medical
			 director,
									
			 staff in program offices, and external experts.
(2) All research (funded or
			 non-funded) to be conducted in 
									RPHs under the managing authority of the
			 department, or which involves employees, patients or records of the department,
			 shall be reviewed and approved by the RPH and the office of
			  research
			 and evaluation.
(3) The office of  research
			 and evaluation shall be responsible for issuing
			 guidelines for submission of research proposals, and shall periodically
			 distribute the department's research priorities to potential researchers as
			 well as to 
									RPHs and local mental health systems.
(4) The office of program evaluation and
			 research shall specify appropriate procedures for protection of human subjects
			 in research projects, including situations in which written informed consent is
			 required.
(5) The office of
			  research
			 and evaluation shall disseminate reports of
			 findings or outcomes of all funded research projects at the end of each
			 biennium.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-28 - Industrial and entertainment funds

Current through all regulations passed and filed through July 1, 2024
(A) This rule is applicable
			 to all employees of the Ohio department of mental
			 health and addiction services regional psychiatric hospitals (RPHs).
(B) Process
(1) The chief
			 executive officer of each RPH will take the necessary action to
			 ensure
			 that an industrial and entertainment fund is established.
(2) All monies received by
			 
									an RPH
			 that are
			 designated for entertainment and benefit of the patients, including profits
			 from the commissary fund operations, will be
			 deposited in the industrial and entertainment fund and be used
			 only for the entertainment and benefit of patients.
(3) All monies donated to a hospital
			 that are
			 ear-marked for a specific patient purpose 
									will be
			 deposited in a subsidiary account of the industrial and
			 entertainment fund and  be included in
			 the total balance of the fund.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-29 - Operation of regional psychiatric hospital commissaries

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule is to establish procedures for the funding and
			 operation of regional psychiatric hospital (RPH) commissaries under the
			 managing responsibility of the Ohio department of mental health and addiction
			 services, division of hospital services.
(B) The provisions of this rule
			  apply to all
			 RPHs.
(C)
			 Process
(1)
									an RPH may create and maintain commissaries for the
			 benefit of the patients. Upon receipt of central office approval,
			 an RPH may
			 transfer funds from the industrial and entertainment fund to establish a
			 commissary operation.
(2) Hours of
			 operation of commissaries will be established by the chief executive officer of
			 the RPH as justified by sales records and dictated by the availability of
			 employees designated and instructed in the workings of the commissary
			 operation.
(3) The salaries or
			 wages of all commissary employees, including assigned
			 patient workers,
									will be paid from appropriated funds. A state employee
			 must be accountable for the day-to-day operation of the commissary. All
			 volunteers are
			 to be covered by a fidelity bond.
(4) The recording of transactions of the
			 commissaries will be directly supervised by the business office of
			 each RPH and will be subject to audit by central office, and the
			 auditor of state.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-31 - Voter registration of consumers and absentee voting assistance in regional psychiatric hospitals

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule shall be to
			 establish a policy and to set forth procedures for the implementation of voter
			 registration and absentee voting in all regional psychiatric hospitals (RPH)
			 operated by the Ohio department of mental health (ODMH).
(B) The provisions of this rule shall be
			 applicable to all RPHs providing mental health services operated by
			 ODMH.
(C) The following definitions
			 shall apply to this rule in addition to or in place of those appearing in rule
			 5122-1-01 of the
			 Administrative Code.
(1) "Consumer" means any
			 person receiving services or applying for admission to an RPH.
(2) "Persons qualified to register to vote"
			 means any person over eighteen years of age and any person seventeen years of
			 age who is within six months of his/her eighteenth birthday who has not been
			 specifically adjudicated incompetent for voting purposes.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-01 - Applicability

Current through all regulations passed and filed through July 1, 2024
(A)
								The rules in this chapter shall apply to the regional
			 psychiatric hospitals operated by the department of mental health and addiction
			 services pursuant to section
			 5119.14 of the Revised
			 Code.
(B)
								As used in this chapter, "RPH" shall mean "regional
			 psychiatric hospital."
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-03 - Chief executive officer as representative payee

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule shall be to establish procedures for the chief executive officer
			 (CEO) of a 
								regional psychiatric hospital
			 (RPH) to apply for and manage funds of clients receiving intensive and
			 specialized services or forensic inpatient services in those
			 
								RPHs.
			 The 
								CEO shall only apply to become representative
			 payee of a client's funds after all other avenues to obtain an appropriate
			 representative payee have been pursued to no avail.
(B) Definitions:
"Representative payee" means a CEO who has been
				designated to receive a 
									RPH client's funds and who is responsible to
				expend the monies for the benefit of the client in accordance with the
				regulations of those agencies providing the monies. Such agencies can include:
				federal civil service retirement; public employees retirement system; railroad
				retirement; social security administration - aged; social security
				administration - disabled; school employees retirement system; school teachers
				retirement system; veteran's administration compensation, or pension.
(C) Proper use of representative
			 payee funds:
(1) Funds the
			 
									CEO receives shall be used for the benefit and
			 well-being of the client.
(2) The
			 
									CEO is responsible for ensuring that the client
			 is involved in determining his or her needs and that those needs are met.
(3) The client's treatment team
			 shall document that at least quarterly a needs assessment has been done, that
			 the client was involved in that assessment, that items needed are obtained and
			 delivered to the client, and that the client has been informed of the amount of
			 funds available to meet needs. The client must be informed of any per diem
			 charges.
(4) At any time the
			 client is entitled to know the amount of funds available, and to have those
			 funds expended for current needs.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-04 - Patient complaint and grievance procedure for regional psychiatric hospital inpatient services

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to promote
			 individual recovery and provide a means for persons  who have received or are receiving regional psychiatric
			 hospital (RPH) inpatient services, or
			 
								their representatives, to lodge complaints and file grievances and
			 appeals regarding care, treatment, environmental conditions,
			 and the exercise of 
								patient rights
			 or other aspects of inpatient care or services and to have those complaints,
			 grievances, and appeals heard and acted upon in a
			 timely manner. This rule also reinforces the obligation of all staff to
			 listen to and respond to the complaints
			 and grievances of persons served.
(B) The provisions of this rule
			 
								apply to all RPHs providing inpatient services under
			 the managing responsibility of the department.
(C) The deputy
			 director of hospital services and medical director of the Ohio department
			 of mental health and addiction services 
								are to adopt a
			 
								patient complaint and grievance
			 
								procedure for each RPH.
(D) Each RPH may make changes to
			 
								its
			 patient complaint and grievance procedure  with the approval of the RPH's governing
			 body
								and the
			 department's 
								deputy director of hospital services, advocacy services
			 administrator, and  medical
			 director .
(E)
								
								Each RPH patient complaint and
			 grievance procedure 
								is to be based on
			 42 CFR
			 482.13 and the centers for medicare and
			 medicaid services state operations manual,
			 
								appendix A, revised February 21, 2020.
(F)
								
								Each RPH patient complaint and
			 grievance procedure 
								is to be reviewed by the deputy director of hospital services, advocacy services
			 administrator, and medical director not more than three years after the
			 date of the last review of the 
								procedure.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-10 - Tuberculosis control program

Current through all regulations passed and filed through July 1, 2024
Each RPH shall develop and follow a
				tuberculosis control plan that is based on the risk classification of the
				facility. The control plan and facility risk assessment shall be consistent
				with the United States centers for disease control and prevention "guidelines
				for preventing the transmission of mycobacterium tuberculosis in health care
				settings, 2005," MMWR 2005, Volume 54, No. RR-17 and any additional
				requirements set forth by the Ohio department of health in rule
				3701-15-03
				of the Administrative Code.
Replaces: 5122-3-09
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-18 - Use of mechanical supports in regional psychiatric hospitals

Current through all regulations passed and filed through July 1, 2024
(A)
								 Purpose (1) The purpose of this rule shall be to
			 establish uniform procedures governing the safe, humane, and appropriate use of
			 mechanical supports consistent with standards of quality treatment and respect
			 for individual autonomy, dignity and rights of patients.
(2)
									 The provisions
			 of this rule shall be applicable to all regional psychiatric hospitals (RPHs)
			 inpatient settings operated by the department of mental health. Community
			 support network (CSN) programs shall meet the requirements established under
			 rule
			 5122-26-16
			 of the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-2 - Grievances; Death; Psychotropic Medication; Etc › Section 5122-2-25 - Morbidity and mortality events

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose: To
			 improve treatment outcomes and patient, staff and community safety by defining
			 and establishing criteria for review, reporting and follow-up of patient safety
			 morbidity and mortality events.
(B)
								The following
			 definitions apply to this rule:
(1)
									"Director" means the chief executive and administrative
			 officer of the Ohio department of mental health and addiction
			 services.
(2)
									Morbidity/mortality events ("M & Ms") mean events
			 that result in death, permanent harm, severe temporary harm, or significant
			 potential for any of these outcomes affecting either:
(a)
										Patients
			 receiving services at an Ohio department of mental health and addiction
			 services (department) regional psychiatric hospital (RPH) or community support
			 network (CSN) program; or,
(b)
										RPH/CSN onsite
			 staff, licensed independent practitioners (non-staff), vendors, or
			 visitors.
(3)
									"Severe temporary harm" is a critical, potentially
			 life-threatening condition lasting for a limited time with no permanent
			 residual effect, but requires at least one of the following:
(a)
										Transfer to a
			 higher level of care or monitoring for a prolonged period of
			 time;
(b)
										Transfer to a higher level of care for a
			 life-threatening condition; or,
(c)
										Major surgery,
			 procedure, or treatment to resolve the condition.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-3 - Electroconvulsive Therapy; Incident Reporting; Patient Abuse/Neglect; Etc › Section 5122-3-03 - Evaluation and referral for electroconvulsive therapy (ECT)

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule shall be to establish standards and criteria, indications,
			 contraindications and limits for referral of adult ODMH regional
			 psychiatric hospital (RPH)
			 inpatients to an outside facility for ECT.
(B) The provisions of this rule shall be
			 applicable to all RPHs under the managing responsibility of the
			 department.
(C) Definitions
(1) "Chief clinical officer" and "CCO"
									
									mean the medical director of
			 an RPH as defined in division (K) of section
			 5122.01 of the Revised
			 Code.
(2) "Psychiatrist" means a licensed physician
			 who has satisfactorily completed a residency training program in psychiatry, as
			 approved by the residency review committee of the American medical association,
			 the committee on post-graduate education of the American osteopathic
			 association, or the American osteopathic board of neurology and psychiatry, or
			 who on July 1, 1989, has been recognized as a psychiatrist by the Ohio state
			 medical association or the Ohio osteopathic association on the basis of formal
			 training and five or more years of medical practice limited to psychiatry.
(3) "ECT" is a somatic psychiatric treatment mediated by a modified
			 grand mal seizure, which is induced by the application of electrical current of
			 the brain.
(4)
			 "Informed consent" means the voluntary and knowing permission given by a person
			 who has received all appropriate information.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-3 - Electroconvulsive Therapy; Incident Reporting; Patient Abuse/Neglect; Etc › Section 5122-3-05 - Competency to stand trial assessment and restoration services for serious youthful offenders (SYOs)

Current through all regulations passed and filed through July 1, 2024
(A) Purpose and background
(1) The purpose of this rule shall be to
			 establish guidelines for competency assessment and restoration treatment of
			 serious youthful offenders (SYOs). Pursuant to section
			 
									
										2152.13
									 of the Revised
			 Code, effective January 1, 2002, SYOs are afforded all the rights a person who
			 is criminally prosecuted would have if the crime were committed by an adult.
			 This includes the right to be competent to stand trial and utilization of the
			 procedure outlined in Chapter 2945. of the Revised Code, related to competency
			 to stand trial.
(2)
			 Placement/treatment of young children on adult units raises fundamental
			 concerns about the safety and effectiveness of treatment, since ODMH only
			 operates adult inpatient facilities. Treatment of children/adolescents must
			 consider the child's developmental needs and mental status in order to be safe
			 and effective. This rule establishes separate and distinct procedures and
			 guidelines for competency assessment and restoration of children/adolescents.
			 This rule will provide procedures for handling potential referrals from the
			 juvenile courts in Ohio to ODMH facilities. Substantial precedent and common
			 sense support the separation of children from adults in inpatient settings.
			 Prior to the closure of ODMH children's hospitals, in
			 accordance with section
			 5119.03 of the Revised Code,
			  the department
			 
									operated separate institutions for children and
			 adults. ODMH private psychiatric hospital licensure rules require that children
			 and adult beds be separate, except for certain emergency admissions of brief
			 periods (forty-eight to seventy-two hours) for older adolescents, aged fifteen
			 through seventeen.
Under this rule, seventeen year olds may be admitted and
				treated in an adult bed if the person is functioning as an adult in such areas
				as employment, family, or marriage, or if the diagnosis or problem is such that
				treatment is warranted in an adult bed.
National professional guidelines clearly recognize that
				children and adolescents younger than fourteen should be admitted only to
				programs that are designed for youth and physically distinct from adult
				psychiatric inpatient programs. Adolescents sixteen and older may be admitted
				to adult units for valid clinical reasons, but should be treated in a program
				designed to meet their specific needs. Children and adolescent programs should
				address the youth's developmental needs including those for education and
				age-appropriate social interaction.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-3 - Electroconvulsive Therapy; Incident Reporting; Patient Abuse/Neglect; Etc › Section 5122-3-12 - Duty to protect

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this policy is to
			 implement the duty to protect requirements per section
			 2305.51 of the Revised Code.
(B) This policy shall apply to all
			 mental health professionals employed or contracted by Ohio department of mental
			 health hospitals.
(C) Definitions:
(1)
									
			 "Independently-licensed mental health professional" means psychiatrists,
			 psychologists, social workers, counselors and clinical nurse specialists
			 licensed to independently provide mental health services.
(2)
									 "Knowledgeable
			 person" means any person who has reason to believe that a patient has the
			 intent and ability to carry out an explicit threat of inflicting imminent and
			 serious physical harm to a clearly identifiable potential victim(s), who is
			 either an immediate family member of the patient, an employee of the hospital,
			 or an individual who, otherwise, personally knows the patient.
(3)
			 "Mental health professional" means any individual who is licensed, certified or
			 registered under the Revised Code, or otherwise authorized in this state, to
			 provide mental health services.