Bill Text: OH HB367 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: That is scheduled to take effect on January 1, 2014, to continue amendments made by this act to that section; and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-11-27 - Passed 3rd Consideration Senate [HB367 Detail]

Download: Ohio-2011-HB367-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 367

Representative Maag 

Cosponsors: Representatives Grossman, Murray, Fende, Antonio, Duffey, Hackett, Sears, Beck, Blair, Blessing, Bubp, Carney, Celebrezze, Celeste, Gardner, Garland, Hill, Johnson, Letson, Lundy, Mallory, Matheney, Milkovich, O'Brien, Phillips, Ramos, Stautberg, Stebelton, Stinziano, Terhar, Wachtmann, Winburn, Yuko Speaker Batchelder 

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A BILL

To amend sections 109.57, 1337.11, 2133.01, 2317.54,

1

3701.881, 3712.01, 3712.03, 3712.09, 3721.01,

2

3795.01, 3963.01, 4719.01, 4752.02, 5119.70, and

3

5119.71 and to enact sections 3712.031, 3712.041,

4

3712.051, and 3712.061 of the Revised Code

5

regarding licensure of pediatric respite care

6

programs.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 109.57, 1337.11, 2133.01, 2317.54,	8
3701.881, 3712.01, 3712.03, 3712.09, 3721.01, 3795.01, 3963.01,	9
4719.01, 4752.02, 5119.70, and 5119.71 be amended and sections	10
3712.031, 3712.041, 3712.051, and 3712.061 of the Revised Code be	11
enacted to read as follows:	12

Sec. 109.57.  (A)(1) The superintendent of the bureau of	13
criminal identification and investigation shall procure from	14
wherever procurable and file for record photographs, pictures,	15
descriptions, fingerprints, measurements, and other information	16
that may be pertinent of all persons who have been convicted of	17
committing within this state a felony, any crime constituting a	18
misdemeanor on the first offense and a felony on subsequent	19
offenses, or any misdemeanor described in division (A)(1)(a),	20
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	21
of all children under eighteen years of age who have been	22
adjudicated delinquent children for committing within this state	23
an act that would be a felony or an offense of violence if	24
committed by an adult or who have been convicted of or pleaded	25
guilty to committing within this state a felony or an offense of	26
violence, and of all well-known and habitual criminals. The person	27
in charge of any county, multicounty, municipal, municipal-county,	28
or multicounty-municipal jail or workhouse, community-based	29
correctional facility, halfway house, alternative residential	30
facility, or state correctional institution and the person in	31
charge of any state institution having custody of a person	32
suspected of having committed a felony, any crime constituting a	33
misdemeanor on the first offense and a felony on subsequent	34
offenses, or any misdemeanor described in division (A)(1)(a),	35
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	36
having custody of a child under eighteen years of age with respect	37
to whom there is probable cause to believe that the child may have	38
committed an act that would be a felony or an offense of violence	39
if committed by an adult shall furnish such material to the	40
superintendent of the bureau. Fingerprints, photographs, or other	41
descriptive information of a child who is under eighteen years of	42
age, has not been arrested or otherwise taken into custody for	43
committing an act that would be a felony or an offense of violence	44
who is not in any other category of child specified in this	45
division, if committed by an adult, has not been adjudicated a	46
delinquent child for committing an act that would be a felony or	47
an offense of violence if committed by an adult, has not been	48
convicted of or pleaded guilty to committing a felony or an	49
offense of violence, and is not a child with respect to whom there	50
is probable cause to believe that the child may have committed an	51
act that would be a felony or an offense of violence if committed	52
by an adult shall not be procured by the superintendent or	53
furnished by any person in charge of any county, multicounty,	54
municipal, municipal-county, or multicounty-municipal jail or	55
workhouse, community-based correctional facility, halfway house,	56
alternative residential facility, or state correctional	57
institution, except as authorized in section 2151.313 of the	58
Revised Code.	59

(2) Every clerk of a court of record in this state, other	60
than the supreme court or a court of appeals, shall send to the	61
superintendent of the bureau a weekly report containing a summary	62
of each case involving a felony, involving any crime constituting	63
a misdemeanor on the first offense and a felony on subsequent	64
offenses, involving a misdemeanor described in division (A)(1)(a),	65
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	66
or involving an adjudication in a case in which a child under	67
eighteen years of age was alleged to be a delinquent child for	68
committing an act that would be a felony or an offense of violence	69
if committed by an adult. The clerk of the court of common pleas	70
shall include in the report and summary the clerk sends under this	71
division all information described in divisions (A)(2)(a) to (f)	72
of this section regarding a case before the court of appeals that	73
is served by that clerk. The summary shall be written on the	74
standard forms furnished by the superintendent pursuant to	75
division (B) of this section and shall include the following	76
information:	77

(a) The incident tracking number contained on the standard	78
forms furnished by the superintendent pursuant to division (B) of	79
this section;	80

(b) The style and number of the case;

81

(c) The date of arrest, offense, summons, or arraignment;

82

(d) The date that the person was convicted of or pleaded	83
guilty to the offense, adjudicated a delinquent child for	84
committing the act that would be a felony or an offense of	85
violence if committed by an adult, found not guilty of the	86
offense, or found not to be a delinquent child for committing an	87
act that would be a felony or an offense of violence if committed	88
by an adult, the date of an entry dismissing the charge, an entry	89
declaring a mistrial of the offense in which the person is	90
discharged, an entry finding that the person or child is not	91
competent to stand trial, or an entry of a nolle prosequi, or the	92
date of any other determination that constitutes final resolution	93
of the case;	94

(e) A statement of the original charge with the section of	95
the Revised Code that was alleged to be violated;	96

(f) If the person or child was convicted, pleaded guilty, or	97
was adjudicated a delinquent child, the sentence or terms of	98
probation imposed or any other disposition of the offender or the	99
delinquent child.	100

If the offense involved the disarming of a law enforcement	101
officer or an attempt to disarm a law enforcement officer, the	102
clerk shall clearly state that fact in the summary, and the	103
superintendent shall ensure that a clear statement of that fact is	104
placed in the bureau's records.	105

(3) The superintendent shall cooperate with and assist	106
sheriffs, chiefs of police, and other law enforcement officers in	107
the establishment of a complete system of criminal identification	108
and in obtaining fingerprints and other means of identification of	109
all persons arrested on a charge of a felony, any crime	110
constituting a misdemeanor on the first offense and a felony on	111
subsequent offenses, or a misdemeanor described in division	112
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	113
Revised Code and of all children under eighteen years of age	114
arrested or otherwise taken into custody for committing an act	115
that would be a felony or an offense of violence if committed by	116
an adult. The superintendent also shall file for record the	117
fingerprint impressions of all persons confined in a county,	118
multicounty, municipal, municipal-county, or multicounty-municipal	119
jail or workhouse, community-based correctional facility, halfway	120
house, alternative residential facility, or state correctional	121
institution for the violation of state laws and of all children	122
under eighteen years of age who are confined in a county,	123
multicounty, municipal, municipal-county, or multicounty-municipal	124
jail or workhouse, community-based correctional facility, halfway	125
house, alternative residential facility, or state correctional	126
institution or in any facility for delinquent children for	127
committing an act that would be a felony or an offense of violence	128
if committed by an adult, and any other information that the	129
superintendent may receive from law enforcement officials of the	130
state and its political subdivisions.	131

(4) The superintendent shall carry out Chapter 2950. of the	132
Revised Code with respect to the registration of persons who are	133
convicted of or plead guilty to a sexually oriented offense or a	134
child-victim oriented offense and with respect to all other duties	135
imposed on the bureau under that chapter.	136

(5) The bureau shall perform centralized recordkeeping	137
functions for criminal history records and services in this state	138
for purposes of the national crime prevention and privacy compact	139
set forth in section 109.571 of the Revised Code and is the	140
criminal history record repository as defined in that section for	141
purposes of that compact. The superintendent or the	142
superintendent's designee is the compact officer for purposes of	143
that compact and shall carry out the responsibilities of the	144
compact officer specified in that compact.	145

(B) The superintendent shall prepare and furnish to every	146
county, multicounty, municipal, municipal-county, or	147
multicounty-municipal jail or workhouse, community-based	148
correctional facility, halfway house, alternative residential	149
facility, or state correctional institution and to every clerk of	150
a court in this state specified in division (A)(2) of this section	151
standard forms for reporting the information required under	152
division (A) of this section. The standard forms that the	153
superintendent prepares pursuant to this division may be in a	154
tangible format, in an electronic format, or in both tangible	155
formats and electronic formats.	156

(C)(1) The superintendent may operate a center for	157
electronic, automated, or other data processing for the storage	158
and retrieval of information, data, and statistics pertaining to	159
criminals and to children under eighteen years of age who are	160
adjudicated delinquent children for committing an act that would	161
be a felony or an offense of violence if committed by an adult,	162
criminal activity, crime prevention, law enforcement, and criminal	163
justice, and may establish and operate a statewide communications	164
network to be known as the Ohio law enforcement gateway to gather	165
and disseminate information, data, and statistics for the use of	166
law enforcement agencies and for other uses specified in this	167
division. The superintendent may gather, store, retrieve, and	168
disseminate information, data, and statistics that pertain to	169
children who are under eighteen years of age and that are gathered	170
pursuant to sections 109.57 to 109.61 of the Revised Code together	171
with information, data, and statistics that pertain to adults and	172
that are gathered pursuant to those sections.	173

(2) The superintendent or the superintendent's designee shall	174
gather information of the nature described in division (C)(1) of	175
this section that pertains to the offense and delinquency history	176
of a person who has been convicted of, pleaded guilty to, or been	177
adjudicated a delinquent child for committing a sexually oriented	178
offense or a child-victim oriented offense for inclusion in the	179
state registry of sex offenders and child-victim offenders	180
maintained pursuant to division (A)(1) of section 2950.13 of the	181
Revised Code and in the internet database operated pursuant to	182
division (A)(13) of that section and for possible inclusion in the	183
internet database operated pursuant to division (A)(11) of that	184
section.	185

(3) In addition to any other authorized use of information,	186
data, and statistics of the nature described in division (C)(1) of	187
this section, the superintendent or the superintendent's designee	188
may provide and exchange the information, data, and statistics	189
pursuant to the national crime prevention and privacy compact as	190
described in division (A)(5) of this section.	191

(4) The attorney general may adopt rules under Chapter 119.	192
of the Revised Code establishing guidelines for the operation of	193
and participation in the Ohio law enforcement gateway. The rules	194
may include criteria for granting and restricting access to	195
information gathered and disseminated through the Ohio law	196
enforcement gateway. The attorney general shall permit the state	197
medical board and board of nursing to access and view, but not	198
alter, information gathered and disseminated through the Ohio law	199
enforcement gateway.	200

The attorney general may appoint a steering committee to	201
advise the attorney general in the operation of the Ohio law	202
enforcement gateway that is comprised of persons who are	203
representatives of the criminal justice agencies in this state	204
that use the Ohio law enforcement gateway and is chaired by the	205
superintendent or the superintendent's designee.	206

(D)(1) The following are not public records under section	207
149.43 of the Revised Code:	208

(a) Information and materials furnished to the superintendent	209
pursuant to division (A) of this section;	210

(b) Information, data, and statistics gathered or	211
disseminated through the Ohio law enforcement gateway pursuant to	212
division (C)(1) of this section;	213

(c) Information and materials furnished to any board or	214
person under division (F) or (G) of this section.	215

(2) The superintendent or the superintendent's designee shall	216
gather and retain information so furnished under division (A) of	217
this section that pertains to the offense and delinquency history	218
of a person who has been convicted of, pleaded guilty to, or been	219
adjudicated a delinquent child for committing a sexually oriented	220
offense or a child-victim oriented offense for the purposes	221
described in division (C)(2) of this section.	222

(E) The attorney general shall adopt rules, in accordance	223
with Chapter 119. of the Revised Code, setting forth the procedure	224
by which a person may receive or release information gathered by	225
the superintendent pursuant to division (A) of this section. A	226
reasonable fee may be charged for this service. If a temporary	227
employment service submits a request for a determination of	228
whether a person the service plans to refer to an employment	229
position has been convicted of or pleaded guilty to an offense	230
listed in division (A)(1), (3), (4), (5), or (6) of section	231
109.572 of the Revised Code, the request shall be treated as a	232
single request and only one fee shall be charged.	233

(F)(1) As used in division (F)(2) of this section, "head	234
start agency" means an entity in this state that has been approved	235
to be an agency for purposes of subchapter II of the "Community	236
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	237
as amended.	238

(2)(a) In addition to or in conjunction with any request that	239
is required to be made under section 109.572, 2151.86, 3301.32,	240
3301.541, division (C) of section 3310.58, or section 3319.39,	241
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	242
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	243
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	244
Revised Code, the board of education of any school district; the	245
director of developmental disabilities; any county board of	246
developmental disabilities; any entity under contract with a	247
county board of developmental disabilities; the chief	248
administrator of any chartered nonpublic school; the chief	249
administrator of a registered private provider that is not also a	250
chartered nonpublic school; the chief administrator of any home	251
health agency; the chief administrator of or person operating any	252
child day-care center, type A family day-care home, or type B	253
family day-care home licensed or certified under Chapter 5104. of	254
the Revised Code; the administrator of any type C family day-care	255
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	256
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	257
general assembly; the chief administrator of any head start	258
agency; the executive director of a public children services	259
agency; a private company described in section 3314.41, 3319.392,	260
3326.25, or 3328.20 of the Revised Code; or an employer described	261
in division (J)(2) of section 3327.10 of the Revised Code may	262
request that the superintendent of the bureau investigate and	263
determine, with respect to any individual who has applied for	264
employment in any position after October 2, 1989, or any	265
individual wishing to apply for employment with a board of	266
education may request, with regard to the individual, whether the	267
bureau has any information gathered under division (A) of this	268
section that pertains to that individual. On receipt of the	269
request, the superintendent shall determine whether that	270
information exists and, upon request of the person, board, or	271
entity requesting information, also shall request from the federal	272
bureau of investigation any criminal records it has pertaining to	273
that individual. The superintendent or the superintendent's	274
designee also may request criminal history records from other	275
states or the federal government pursuant to the national crime	276
prevention and privacy compact set forth in section 109.571 of the	277
Revised Code. Within thirty days of the date that the	278
superintendent receives a request, the superintendent shall send	279
to the board, entity, or person a report of any information that	280
the superintendent determines exists, including information	281
contained in records that have been sealed under section 2953.32	282
of the Revised Code, and, within thirty days of its receipt, shall	283
send the board, entity, or person a report of any information	284
received from the federal bureau of investigation, other than	285
information the dissemination of which is prohibited by federal	286
law.	287

(b) When a board of education or a registered private	288
provider is required to receive information under this section as	289
a prerequisite to employment of an individual pursuant to division	290
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	291
may accept a certified copy of records that were issued by the	292
bureau of criminal identification and investigation and that are	293
presented by an individual applying for employment with the	294
district in lieu of requesting that information itself. In such a	295
case, the board shall accept the certified copy issued by the	296
bureau in order to make a photocopy of it for that individual's	297
employment application documents and shall return the certified	298
copy to the individual. In a case of that nature, a district or	299
provider only shall accept a certified copy of records of that	300
nature within one year after the date of their issuance by the	301
bureau.	302

(c) Notwithstanding division (F)(2)(a) of this section, in	303
the case of a request under section 3319.39, 3319.391, or 3327.10	304
of the Revised Code only for criminal records maintained by the	305
federal bureau of investigation, the superintendent shall not	306
determine whether any information gathered under division (A) of	307
this section exists on the person for whom the request is made.	308

(3) The state board of education may request, with respect to	309
any individual who has applied for employment after October 2,	310
1989, in any position with the state board or the department of	311
education, any information that a school district board of	312
education is authorized to request under division (F)(2) of this	313
section, and the superintendent of the bureau shall proceed as if	314
the request has been received from a school district board of	315
education under division (F)(2) of this section.	316

(4) When the superintendent of the bureau receives a request	317
for information under section 3319.291 of the Revised Code, the	318
superintendent shall proceed as if the request has been received	319
from a school district board of education and shall comply with	320
divisions (F)(2)(a) and (c) of this section.	321

(5) When a recipient of a classroom reading improvement grant	322
paid under section 3301.86 of the Revised Code requests, with	323
respect to any individual who applies to participate in providing	324
any program or service funded in whole or in part by the grant,	325
the information that a school district board of education is	326
authorized to request under division (F)(2)(a) of this section,	327
the superintendent of the bureau shall proceed as if the request	328
has been received from a school district board of education under	329
division (F)(2)(a) of this section.	330

(G) In addition to or in conjunction with any request that is	331
required to be made under section 3701.881, 3712.09, 3721.121,	332
5119.693, or 5119.85 of the Revised Code with respect to an	333
individual who has applied for employment in a position that	334
involves providing direct care to an older adult or adult	335
resident, the chief administrator of a home health agency, hospice	336
care program, home licensed under Chapter 3721. of the Revised	337
Code, adult day-care program operated pursuant to rules adopted	338
under section 3721.04 of the Revised Code, adult foster home, or	339
adult care facility may request that the superintendent of the	340
bureau investigate and determine, with respect to any individual	341
who has applied after January 27, 1997, for employment in a	342
position that does not involve providing direct care to an older	343
adult or adult resident, whether the bureau has any information	344
gathered under division (A) of this section that pertains to that	345
individual.	346

In addition to or in conjunction with any request that is	347
required to be made under section 173.27 of the Revised Code with	348
respect to an individual who has applied for employment in a	349
position that involves providing ombudsperson services to	350
residents of long-term care facilities or recipients of	351
community-based long-term care services, the state long-term care	352
ombudsperson, ombudsperson's designee, or director of health may	353
request that the superintendent investigate and determine, with	354
respect to any individual who has applied for employment in a	355
position that does not involve providing such ombudsperson	356
services, whether the bureau has any information gathered under	357
division (A) of this section that pertains to that applicant.	358

In addition to or in conjunction with any request that is	359
required to be made under section 173.394 of the Revised Code with	360
respect to an individual who has applied for employment in a	361
position that involves providing direct care to an individual, the	362
chief administrator of a community-based long-term care agency may	363
request that the superintendent investigate and determine, with	364
respect to any individual who has applied for employment in a	365
position that does not involve providing direct care, whether the	366
bureau has any information gathered under division (A) of this	367
section that pertains to that applicant.	368

In addition to or in conjunction with any request that is	369
required to be made under section 3712.09 of the Revised Code with	370
respect to an individual who has applied for employment in a	371
position that involves providing direct care to a pediatric	372
respite care patient, the chief administrator of a pediatric	373
respite care program may request that the superintendent of the	374
bureau investigate and determine, with respect to any individual	375
who has applied for employment in a position that does not involve	376
providing direct care to a pediatric respite care patient, whether	377
the bureau has any information gathered under division (A) of this	378
section that pertains to that individual.	379

On receipt of a request under this division, the	380
superintendent shall determine whether that information exists	381
and, on request of the individual requesting information, shall	382
also request from the federal bureau of investigation any criminal	383
records it has pertaining to the applicant. The superintendent or	384
the superintendent's designee also may request criminal history	385
records from other states or the federal government pursuant to	386
the national crime prevention and privacy compact set forth in	387
section 109.571 of the Revised Code. Within thirty days of the	388
date a request is received, the superintendent shall send to the	389
requester a report of any information determined to exist,	390
including information contained in records that have been sealed	391
under section 2953.32 of the Revised Code, and, within thirty days	392
of its receipt, shall send the requester a report of any	393
information received from the federal bureau of investigation,	394
other than information the dissemination of which is prohibited by	395
federal law.	396

(H) Information obtained by a government entity or person	397
under this section is confidential and shall not be released or	398
disseminated.	399

(I) The superintendent may charge a reasonable fee for	400
providing information or criminal records under division (F)(2) or	401
(G) of this section.	402

(J) As used in this section:

403

(1) "Pediatric respite care program" and "pediatric respite	404
care patient" have the same meanings as in section 3712.01 of the	405
Revised Code.	406

(2) "Sexually oriented offense" and "child-victim oriented	407
offense" have the same meanings as in section 2950.01 of the	408
Revised Code.	409

(2)(3) "Registered private provider" means a nonpublic school	410
or entity registered with the superintendent of public instruction	411
under section 3310.41 of the Revised Code to participate in the	412
autism scholarship program or section 3310.58 of the Revised Code	413
to participate in the Jon Peterson special needs scholarship	414
program.	415

Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the	416
Revised Code:	417

(A) "Adult" means a person who is eighteen years of age or	418
older.	419

(B) "Attending physician" means the physician to whom a	420
principal or the family of a principal has assigned primary	421
responsibility for the treatment or care of the principal or, if	422
the responsibility has not been assigned, the physician who has	423
accepted that responsibility.	424

(C) "Comfort care" means any of the following:

425

(1) Nutrition when administered to diminish the pain or	426
discomfort of a principal, but not to postpone death;	427

(2) Hydration when administered to diminish the pain or	428
discomfort of a principal, but not to postpone death;	429

(3) Any other medical or nursing procedure, treatment,	430
intervention, or other measure that is taken to diminish the pain	431
or discomfort of a principal, but not to postpone death.	432

(D) "Consulting physician" means a physician who, in	433
conjunction with the attending physician of a principal, makes one	434
or more determinations that are required to be made by the	435
attending physician, or to be made by the attending physician and	436
one other physician, by an applicable provision of sections	437
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	438
medical certainty and in accordance with reasonable medical	439
standards.	440

(E) "Declaration for mental health treatment" has the same	441
meaning as in section 2135.01 of the Revised Code.	442

(F) "Guardian" means a person appointed by a probate court	443
pursuant to Chapter 2111. of the Revised Code to have the care and	444
management of the person of an incompetent.	445

(G) "Health care" means any care, treatment, service, or	446
procedure to maintain, diagnose, or treat an individual's physical	447
or mental condition or physical or mental health.	448

(H) "Health care decision" means informed consent, refusal to	449
give informed consent, or withdrawal of informed consent to health	450
care.	451

(I) "Health care facility" means any of the following:

452

(1) A hospital;

453

(2) A hospice care program, pediatric respite care program,	454
or other institution that specializes in comfort care of patients	455
in a terminal condition or in a permanently unconscious state;	456

(3) A nursing home;

457

(4) A home health agency;

458

(5) An intermediate care facility for the mentally retarded;

459

(6) A regulated community mental health organization.

460

(J) "Health care personnel" means physicians, nurses,	461
physician assistants, emergency medical technicians-basic,	462
emergency medical technicians-intermediate, emergency medical	463
technicians-paramedic, medical technicians, dietitians, other	464
authorized persons acting under the direction of an attending	465
physician, and administrators of health care facilities.	466

(K) "Home health agency" has the same meaning as in section	467
3701.881 of the Revised Code.	468

(L) "Hospice care program" hasand "pediatric respite care	469
program" have the same meaningmeanings as in section 3712.01 of	470
the Revised Code.	471

(M) "Hospital" has the same meanings as in sections 3701.01,	472
3727.01, and 5122.01 of the Revised Code.	473

(N) "Hydration" means fluids that are artificially or	474
technologically administered.	475

(O) "Incompetent" has the same meaning as in section 2111.01	476
of the Revised Code.	477

(P) "Intermediate care facility for the mentally retarded"	478
has the same meaning as in section 5111.20 of the Revised Code.	479

(Q) "Life-sustaining treatment" means any medical procedure,	480
treatment, intervention, or other measure that, when administered	481
to a principal, will serve principally to prolong the process of	482
dying.	483

(R) "Medical claim" has the same meaning as in section	484
2305.113 of the Revised Code.	485

(S) "Mental health treatment" has the same meaning as in	486
section 2135.01 of the Revised Code.	487

(T) "Nursing home" has the same meaning as in section 3721.01	488
of the Revised Code.	489

(U) "Nutrition" means sustenance that is artificially or	490
technologically administered.	491

(V) "Permanently unconscious state" means a state of	492
permanent unconsciousness in a principal that, to a reasonable	493
degree of medical certainty as determined in accordance with	494
reasonable medical standards by the principal's attending	495
physician and one other physician who has examined the principal,	496
is characterized by both of the following:	497

(1) Irreversible unawareness of one's being and environment.

498

(2) Total loss of cerebral cortical functioning, resulting in	499
the principal having no capacity to experience pain or suffering.	500

(W) "Person" has the same meaning as in section 1.59 of the	501
Revised Code and additionally includes political subdivisions and	502
governmental agencies, boards, commissions, departments,	503
institutions, offices, and other instrumentalities.	504

(X) "Physician" means a person who is authorized under	505
Chapter 4731. of the Revised Code to practice medicine and surgery	506
or osteopathic medicine and surgery.	507

(Y) "Political subdivision" and "state" have the same	508
meanings as in section 2744.01 of the Revised Code.	509

(Z) "Professional disciplinary action" means action taken by	510
the board or other entity that regulates the professional conduct	511
of health care personnel, including the state medical board and	512
the board of nursing.	513

(AA) "Regulated community mental health organization" means a	514
residential facility as defined and licensed under section 5119.22	515
of the Revised Code or a community mental health agency as defined	516
in section 5122.01 of the Revised Code.	517

(BB) "Terminal condition" means an irreversible, incurable,	518
and untreatable condition caused by disease, illness, or injury	519
from which, to a reasonable degree of medical certainty as	520
determined in accordance with reasonable medical standards by a	521
principal's attending physician and one other physician who has	522
examined the principal, both of the following apply:	523

(1) There can be no recovery.

524

(2) Death is likely to occur within a relatively short time	525
if life-sustaining treatment is not administered.	526

(CC) "Tort action" means a civil action for damages for	527
injury, death, or loss to person or property, other than a civil	528
action for damages for a breach of contract or another agreement	529
between persons.	530

Sec. 2133.01.  Unless the context otherwise requires, as used	531
in sections 2133.01 to 2133.15 of the Revised Code:	532

(A) "Adult" means an individual who is eighteen years of age	533
or older.	534

(B) "Attending physician" means the physician to whom a	535
declarant or other patient, or the family of a declarant or other	536
patient, has assigned primary responsibility for the treatment or	537
care of the declarant or other patient, or, if the responsibility	538
has not been assigned, the physician who has accepted that	539
responsibility.	540

(C) "Comfort care" means any of the following:

541

(1) Nutrition when administered to diminish the pain or	542
discomfort of a declarant or other patient, but not to postpone	543
the declarant's or other patient's death;	544

(2) Hydration when administered to diminish the pain or	545
discomfort of a declarant or other patient, but not to postpone	546
the declarant's or other patient's death;	547

(3) Any other medical or nursing procedure, treatment,	548
intervention, or other measure that is taken to diminish the pain	549
or discomfort of a declarant or other patient, but not to postpone	550
the declarant's or other patient's death.	551

(D) "Consulting physician" means a physician who, in	552
conjunction with the attending physician of a declarant or other	553
patient, makes one or more determinations that are required to be	554
made by the attending physician, or to be made by the attending	555
physician and one other physician, by an applicable provision of	556
this chapter, to a reasonable degree of medical certainty and in	557
accordance with reasonable medical standards.	558

(E) "Declarant" means any adult who has executed a	559
declaration in accordance with section 2133.02 of the Revised	560
Code.	561

(F) "Declaration" means a written document executed in	562
accordance with section 2133.02 of the Revised Code.	563

(G) "Durable power of attorney for health care" means a	564
document created pursuant to sections 1337.11 to 1337.17 of the	565
Revised Code.	566

(H) "Guardian" means a person appointed by a probate court	567
pursuant to Chapter 2111. of the Revised Code to have the care and	568
management of the person of an incompetent.	569

(I) "Health care facility" means any of the following:

570

(1) A hospital;

571

(2) A hospice care program, pediatric respite care program,	572
or other institution that specializes in comfort care of patients	573
in a terminal condition or in a permanently unconscious state;	574

(3) A nursing home or residential care facility, as defined	575
in section 3721.01 of the Revised Code;	576

(4) A home health agency and any residential facility where a	577
person is receiving care under the direction of a home health	578
agency;	579

(5) An intermediate care facility for the mentally retarded.

580

(J) "Health care personnel" means physicians, nurses,	581
physician assistants, emergency medical technicians-basic,	582
emergency medical technicians-intermediate, emergency medical	583
technicians-paramedic, medical technicians, dietitians, other	584
authorized persons acting under the direction of an attending	585
physician, and administrators of health care facilities.	586

(K) "Home health agency" has the same meaning as in section	587
3701.881 of the Revised Code.	588

(L) "Hospice care program" hasand "pediatric respite care	589
program" have the same meaningmeanings as in section 3712.01 of	590
the Revised Code.	591

(M) "Hospital" has the same meanings as in sections 3701.01,	592
3727.01, and 5122.01 of the Revised Code.	593

(N) "Hydration" means fluids that are artificially or	594
technologically administered.	595

(O) "Incompetent" has the same meaning as in section 2111.01	596
of the Revised Code.	597

(P) "Intermediate care facility for the mentally retarded"	598
has the same meaning as in section 5111.20 of the Revised Code.	599

(Q) "Life-sustaining treatment" means any medical procedure,	600
treatment, intervention, or other measure that, when administered	601
to a qualified patient or other patient, will serve principally to	602
prolong the process of dying.	603

(R) "Nurse" means a person who is licensed to practice	604
nursing as a registered nurse or to practice practical nursing as	605
a licensed practical nurse pursuant to Chapter 4723. of the	606
Revised Code.	607

(S) "Nursing home" has the same meaning as in section 3721.01	608
of the Revised Code.	609

(T) "Nutrition" means sustenance that is artificially or	610
technologically administered.	611

(U) "Permanently unconscious state" means a state of	612
permanent unconsciousness in a declarant or other patient that, to	613
a reasonable degree of medical certainty as determined in	614
accordance with reasonable medical standards by the declarant's or	615
other patient's attending physician and one other physician who	616
has examined the declarant or other patient, is characterized by	617
both of the following:	618

(1) Irreversible unawareness of one's being and environment.

619

(2) Total loss of cerebral cortical functioning, resulting in	620
the declarant or other patient having no capacity to experience	621
pain or suffering.	622

(V) "Person" has the same meaning as in section 1.59 of the	623
Revised Code and additionally includes political subdivisions and	624
governmental agencies, boards, commissions, departments,	625
institutions, offices, and other instrumentalities.	626

(W) "Physician" means a person who is authorized under	627
Chapter 4731. of the Revised Code to practice medicine and surgery	628
or osteopathic medicine and surgery.	629

(X) "Political subdivision" and "state" have the same	630
meanings as in section 2744.01 of the Revised Code.	631

(Y) "Professional disciplinary action" means action taken by	632
the board or other entity that regulates the professional conduct	633
of health care personnel, including the state medical board and	634
the board of nursing.	635

(Z) "Qualified patient" means an adult who has executed a	636
declaration and has been determined to be in a terminal condition	637
or in a permanently unconscious state.	638

(AA) "Terminal condition" means an irreversible, incurable,	639
and untreatable condition caused by disease, illness, or injury	640
from which, to a reasonable degree of medical certainty as	641
determined in accordance with reasonable medical standards by a	642
declarant's or other patient's attending physician and one other	643
physician who has examined the declarant or other patient, both of	644
the following apply:	645

(1) There can be no recovery.

646

(2) Death is likely to occur within a relatively short time	647
if life-sustaining treatment is not administered.	648

(BB) "Tort action" means a civil action for damages for	649
injury, death, or loss to person or property, other than a civil	650
action for damages for breach of a contract or another agreement	651
between persons.	652

Sec. 2317.54.  No hospital, home health agency, ambulatory	653
surgical facility, or provider of a hospice care program or	654
pediatric respite care program shall be held liable for a	655
physician's failure to obtain an informed consent from the	656
physician's patient prior to a surgical or medical procedure or	657
course of procedures, unless the physician is an employee of the	658
hospital, home health agency, ambulatory surgical facility, or	659
provider of a hospice care program or pediatric respite care	660
program.	661

Written consent to a surgical or medical procedure or course	662
of procedures shall, to the extent that it fulfills all the	663
requirements in divisions (A), (B), and (C) of this section, be	664
presumed to be valid and effective, in the absence of proof by a	665
preponderance of the evidence that the person who sought such	666
consent was not acting in good faith, or that the execution of the	667
consent was induced by fraudulent misrepresentation of material	668
facts, or that the person executing the consent was not able to	669
communicate effectively in spoken and written English or any other	670
language in which the consent is written. Except as herein	671
provided, no evidence shall be admissible to impeach, modify, or	672
limit the authorization for performance of the procedure or	673
procedures set forth in such written consent.	674

(A) The consent sets forth in general terms the nature and	675
purpose of the procedure or procedures, and what the procedures	676
are expected to accomplish, together with the reasonably known	677
risks, and, except in emergency situations, sets forth the names	678
of the physicians who shall perform the intended surgical	679
procedures.	680

(B) The person making the consent acknowledges that such	681
disclosure of information has been made and that all questions	682
asked about the procedure or procedures have been answered in a	683
satisfactory manner.	684

(C) The consent is signed by the patient for whom the	685
procedure is to be performed, or, if the patient for any reason	686
including, but not limited to, competence, minority, or the fact	687
that, at the latest time that the consent is needed, the patient	688
is under the influence of alcohol, hallucinogens, or drugs, lacks	689
legal capacity to consent, by a person who has legal authority to	690
consent on behalf of such patient in such circumstances, including	691
either of the following:	692

(1) The parent, whether the parent is an adult or a minor, of	693
the parent's minor child;	694

(2) An adult whom the parent of the minor child has given	695
written authorization to consent to a surgical or medical	696
procedure or course of procedures for the parent's minor child.	697

Any use of a consent form that fulfills the requirements	698
stated in divisions (A), (B), and (C) of this section has no	699
effect on the common law rights and liabilities, including the	700
right of a physician to obtain the oral or implied consent of a	701
patient to a medical procedure, that may exist as between	702
physicians and patients on July 28, 1975.	703

As used in this section the term "hospital" has the same	704
meaning as in section 2305.113 of the Revised Code; "home health	705
agency" has the same meaning as in section 5101.61 of the Revised	706
Code; "ambulatory surgical facility" has the meaning as in	707
division (A) of section 3702.30 of the Revised Code; and "hospice	708
care program" hasand "pediatric respite care program" have the	709
same meaningmeanings as in section 3712.01 of the Revised Code.	710
The provisions of this division apply to hospitals, doctors of	711
medicine, doctors of osteopathic medicine, and doctors of	712
podiatric medicine.	713

Sec. 3701.881.  (A) As used in this section:

714

(1) "Applicant" means both of the following:

715

(a) A person who is under final consideration for appointment	716
to or employment with a home health agency in a position as a	717
person responsible for the care, custody, or control of a child;	718

(b) A person who is under final consideration for employment	719
with a home health agency in a full-time, part-time, or temporary	720
position that involves providing direct care to an older adult.	721
With regard to persons providing direct care to older adults,	722
"applicant" does not include a person who provides direct care as	723
a volunteer without receiving or expecting to receive any form of	724
remuneration other than reimbursement for actual expenses.	725

(2) "Criminal records check" and "older adult" have the same	726
meanings as in section 109.572 of the Revised Code.	727

(3) "Home health agency" means a person or government entity,	728
other than a nursing home, residential care facility, or hospice	729
care program, or pediatric respite care program, that has the	730
primary function of providing any of the following services to a	731
patient at a place of residence used as the patient's home:	732

(a) Skilled nursing care;

733

(b) Physical therapy;

734

(c) Speech-language pathology;

735

(d) Occupational therapy;

736

(e) Medical social services;

737

(f) Home health aide services.

738

(4) "Home health aide services" means any of the following	739
services provided by an individual employed with or contracted for	740
by a home health agency:	741

(a) Hands-on bathing or assistance with a tub bath or shower;

742

(b) Assistance with dressing, ambulation, and toileting;

743

(c) Catheter care but not insertion;

744

(d) Meal preparation and feeding.

745

(5) "Hospice care program" hasand "pediatric respite care	746
program" have the same meaningmeanings as in section 3712.01 of	747
the Revised Code.	748

(6) "Medical social services" means services provided by a	749
social worker under the direction of a patient's attending	750
physician.	751

(7) "Minor drug possession offense" has the same meaning as	752
in section 2925.01 of the Revised Code.	753

(8) "Nursing home," "residential care facility," and "skilled	754
nursing care" have the same meanings as in section 3721.01 of the	755
Revised Code.	756

(9) "Occupational therapy" has the same meaning as in section	757
4755.04 of the Revised Code.	758

(10) "Physical therapy" has the same meaning as in section	759
4755.40 of the Revised Code.	760

(11) "Social worker" means a person licensed under Chapter	761
4757. of the Revised Code to practice as a social worker or	762
independent social worker.	763

(12) "Speech-language pathology" has the same meaning as in	764
section 4753.01 of the Revised Code.	765

(B)(1) Except as provided in division (I) of this section,	766
the chief administrator of a home health agency shall request the	767
superintendent of the bureau of criminal identification and	768
investigation to conduct a criminal records check with respect to	769
each applicant. If the position may involve both responsibility	770
for the care, custody, or control of a child and provision of	771
direct care to an older adult, the chief administrator shall	772
request that the superintendent conduct a single criminal records	773
check for the applicant. If an applicant for whom a criminal	774
records check request is required under this division does not	775
present proof of having been a resident of this state for the	776
five-year period immediately prior to the date upon which the	777
criminal records check is requested or does not provide evidence	778
that within that five-year period the superintendent has requested	779
information about the applicant from the federal bureau of	780
investigation in a criminal records check, the chief administrator	781
shall request that the superintendent obtain information from the	782
federal bureau of investigation as a part of the criminal records	783
check for the applicant. Even if an applicant for whom a criminal	784
records check request is required under this division presents	785
proof that the applicant has been a resident of this state for	786
that five-year period, the chief administrator may request that	787
the superintendent include information from the federal bureau of	788
investigation in the criminal records check.	789

(2) Any person required by division (B)(1) of this section to	790
request a criminal records check shall provide to each applicant	791
for whom a criminal records check request is required under that	792
division a copy of the form prescribed pursuant to division (C)(1)	793
of section 109.572 of the Revised Code and a standard impression	794
sheet prescribed pursuant to division (C)(2) of section 109.572 of	795
the Revised Code, obtain the completed form and impression sheet	796
from each applicant, and forward the completed form and impression	797
sheet to the superintendent of the bureau of criminal	798
identification and investigation at the time the chief	799
administrator requests a criminal records check pursuant to	800
division (B)(1) of this section.	801

(3) An applicant who receives pursuant to division (B)(2) of	802
this section a copy of the form prescribed pursuant to division	803
(C)(1) of section 109.572 of the Revised Code and a copy of an	804
impression sheet prescribed pursuant to division (C)(2) of that	805
section and who is requested to complete the form and provide a	806
set of fingerprint impressions shall complete the form or provide	807
all the information necessary to complete the form and shall	808
provide the impression sheets with the impressions of the	809
applicant's fingerprints. If an applicant, upon request, fails to	810
provide the information necessary to complete the form or fails to	811
provide fingerprint impressions, the home health agency shall not	812
employ that applicant for any position for which a criminal	813
records check is required by division (B)(1) of this section.	814

(C)(1) Except as provided in rules adopted by the department	815
of health in accordance with division (F) of this section and	816
subject to division (C)(3) of this section, no home health agency	817
shall employ a person as a person responsible for the care,	818
custody, or control of a child if the person previously has been	819
convicted of or pleaded guilty to any of the following:	820

(a) A violation of section 2903.01, 2903.02, 2903.03,	821
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	822
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	823
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	824
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	825
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	826
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	827
2925.06, or 3716.11 of the Revised Code, a violation of section	828
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	829
violation of section 2919.23 of the Revised Code that would have	830
been a violation of section 2905.04 of the Revised Code as it	831
existed prior to July 1, 1996, had the violation been committed	832
prior to that date, a violation of section 2925.11 of the Revised	833
Code that is not a minor drug possession offense, or felonious	834
sexual penetration in violation of former section 2907.12 of the	835
Revised Code;	836

(b) A violation of an existing or former law of this state,	837
any other state, or the United States that is substantially	838
equivalent to any of the offenses listed in division (C)(1)(a) of	839
this section.	840

(2) Except as provided in rules adopted by the department of	841
health in accordance with division (F) of this section and subject	842
to division (C)(3) of this section, no home health agency shall	843
employ a person in a position that involves providing direct care	844
to an older adult if the person previously has been convicted of	845
or pleaded guilty to any of the following:	846

(a) A violation of section 2903.01, 2903.02, 2903.03,	847
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	848
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	849
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	850
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	851
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	852
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	853
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	854
2925.22, 2925.23, or 3716.11 of the Revised Code.	855

(b) A violation of an existing or former law of this state,	856
any other state, or the United States that is substantially	857
equivalent to any of the offenses listed in division (C)(2)(a) of	858
this section.	859

(3)(a) A home health agency may employ conditionally an	860
applicant for whom a criminal records check request is required	861
under division (B) of this section as a person responsible for the	862
care, custody, or control of a child until the criminal records	863
check regarding the applicant required by this section is	864
completed and the agency receives the results of the criminal	865
records check. If the results of the criminal records check	866
indicate that, pursuant to division (C)(1) of this section, the	867
applicant does not qualify for employment, the agency shall	868
release the applicant from employment unless the agency chooses to	869
employ the applicant pursuant to division (F) of this section.	870

(b)(i) A home health agency may employ conditionally an	871
applicant for whom a criminal records check request is required	872
under division (B) of this section in a position that involves	873
providing direct care to an older adult or in a position that	874
involves both responsibility for the care, custody, and control of	875
a child and the provision of direct care to older adults prior to	876
obtaining the results of a criminal records check regarding the	877
individual, provided that the agency shall request a criminal	878
records check regarding the individual in accordance with division	879
(B)(1) of this section not later than five business days after the	880
individual begins conditional employment. In the circumstances	881
described in division (I)(2) of this section, a home health agency	882
may employ conditionally in a position that involves providing	883
direct care to an older adult an applicant who has been referred	884
to the home health agency by an employment service that supplies	885
full-time, part-time, or temporary staff for positions involving	886
the direct care of older adults and for whom, pursuant to that	887
division, a criminal records check is not required under division	888
(B) of this section. In the circumstances described in division	889
(I)(4) of this section, a home health agency may employ	890
conditionally in a position that involves both responsibility for	891
the care, custody, and control of a child and the provision of	892
direct care to older adults an applicant who has been referred to	893
the home health agency by an employment service that supplies	894
full-time, part-time, or temporary staff for positions involving	895
both responsibility for the care, custody, and control of a child	896
and the provision of direct care to older adults and for whom,	897
pursuant to that division, a criminal records check is not	898
required under division (B) of this section.	899

(ii) A home health agency that employs an individual	900
conditionally under authority of division (C)(3)(b)(i) of this	901
section shall terminate the individual's employment if the results	902
of the criminal records check requested under division (B)(1) of	903
this section or described in division (I)(2) or (4) of this	904
section, other than the results of any request for information	905
from the federal bureau of investigation, are not obtained within	906
the period ending thirty days after the date the request is made.	907
Regardless of when the results of the criminal records check are	908
obtained, if the individual was employed conditionally in a	909
position that involves the provision of direct care to older	910
adults and the results indicate that the individual has been	911
convicted of or pleaded guilty to any of the offenses listed or	912
described in division (C)(2) of this section, or if the individual	913
was employed conditionally in a position that involves both	914
responsibility for the care, custody, and control of a child and	915
the provision of direct care to older adults and the results	916
indicate that the individual has been convicted of or pleaded	917
guilty to any of the offenses listed or described in division	918
(C)(1) or (2) of this section, the agency shall terminate the	919
individual's employment unless the agency chooses to employ the	920
individual pursuant to division (F) of this section. Termination	921
of employment under this division shall be considered just cause	922
for discharge for purposes of division (D)(2) of section 4141.29	923
of the Revised Code if the individual makes any attempt to deceive	924
the agency about the individual's criminal record.	925

(D)(1) Each home health agency shall pay to the bureau of	926
criminal identification and investigation the fee prescribed	927
pursuant to division (C)(3) of section 109.572 of the Revised Code	928
for each criminal records check conducted in accordance with that	929
section upon the request pursuant to division (B)(1) of this	930
section of the chief administrator of the home health agency.	931

(2) A home health agency may charge an applicant a fee for	932
the costs it incurs in obtaining a criminal records check under	933
this section, unless the medical assistance program established	934
under Chapter 5111. of the Revised Code reimburses the agency for	935
the costs. A fee charged under division (D)(2) of this section	936
shall not exceed the amount of fees the agency pays under division	937
(D)(1) of this section. If a fee is charged under division (D)(2)	938
of this section, the agency shall notify the applicant at the time	939
of the applicant's initial application for employment of the	940
amount of the fee and that, unless the fee is paid, the agency	941
will not consider the applicant for employment.	942

(E) The report of any criminal records check conducted by the	943
bureau of criminal identification and investigation in accordance	944
with section 109.572 of the Revised Code and pursuant to a request	945
made under division (B)(1) of this section is not a public record	946
for the purposes of section 149.43 of the Revised Code and shall	947
not be made available to any person other than the following:	948

(1) The individual who is the subject of the criminal records	949
check or the individual's representative;	950

(2) The home health agency requesting the criminal records	951
check or its representative;	952

(3) The administrator of any other facility, agency, or	953
program that provides direct care to older adults that is owned or	954
operated by the same entity that owns or operates the home health	955
agency;	956

(4) Any court, hearing officer, or other necessary individual	957
involved in a case dealing with a denial of employment of the	958
applicant or dealing with employment or unemployment benefits of	959
the applicant;	960

(5) Any person to whom the report is provided pursuant to,	961
and in accordance with, division (I)(1), (2), (3), or (4) of this	962
section.	963

(F) The department of health shall adopt rules in accordance	964
with Chapter 119. of the Revised Code to implement this section.	965
The rules shall specify circumstances under which the home health	966
agency may employ a person who has been convicted of or pleaded	967
guilty to an offense listed or described in division (C)(1) of	968
this section but who meets standards in regard to rehabilitation	969
set by the department or employ a person who has been convicted of	970
or pleaded guilty to an offense listed or described in division	971
(C)(2) of this section but meets personal character standards set	972
by the department.	973

(G) Any person required by division (B)(1) of this section to	974
request a criminal records check shall inform each person, at the	975
time of initial application for employment that the person is	976
required to provide a set of fingerprint impressions and that a	977
criminal records check is required to be conducted and	978
satisfactorily completed in accordance with section 109.572 of the	979
Revised Code if the person comes under final consideration for	980
appointment or employment as a precondition to employment for that	981
position.	982

(H) In a tort or other civil action for damages that is	983
brought as the result of an injury, death, or loss to person or	984
property caused by an individual who a home health agency employs	985
in a position that involves providing direct care to older adults,	986
all of the following shall apply:	987

(1) If the agency employed the individual in good faith and	988
reasonable reliance on the report of a criminal records check	989
requested under this section, the agency shall not be found	990
negligent solely because of its reliance on the report, even if	991
the information in the report is determined later to have been	992
incomplete or inaccurate;	993

(2) If the agency employed the individual in good faith on a	994
conditional basis pursuant to division (C)(3)(b) of this section,	995
the agency shall not be found negligent solely because it employed	996
the individual prior to receiving the report of a criminal records	997
check requested under this section;	998

(3) If the agency in good faith employed the individual	999
according to the personal character standards established in rules	1000
adopted under division (F) of this section, the agency shall not	1001
be found negligent solely because the individual prior to being	1002
employed had been convicted of or pleaded guilty to an offense	1003
listed or described in division (C)(1) or (2) of this section.	1004

(I)(1) The chief administrator of a home health agency is not	1005
required to request that the superintendent of the bureau of	1006
criminal identification and investigation conduct a criminal	1007
records check of an applicant for a position that involves the	1008
provision of direct care to older adults if the applicant has been	1009
referred to the agency by an employment service that supplies	1010
full-time, part-time, or temporary staff for positions involving	1011
the direct care of older adults and both of the following apply:	1012

(a) The chief administrator receives from the employment	1013
service or the applicant a report of the results of a criminal	1014
records check regarding the applicant that has been conducted by	1015
the superintendent within the one-year period immediately	1016
preceding the applicant's referral;	1017

(b) The report of the criminal records check demonstrates	1018
that the person has not been convicted of or pleaded guilty to an	1019
offense listed or described in division (C)(2) of this section, or	1020
the report demonstrates that the person has been convicted of or	1021
pleaded guilty to one or more of those offenses, but the home	1022
health agency chooses to employ the individual pursuant to	1023
division (F) of this section.	1024

(2) The chief administrator of a home health agency is not	1025
required to request that the superintendent of the bureau of	1026
criminal identification and investigation conduct a criminal	1027
records check of an applicant for a position that involves	1028
providing direct care to older adults and may employ the applicant	1029
conditionally in a position of that nature as described in this	1030
division, if the applicant has been referred to the agency by an	1031
employment service that supplies full-time, part-time, or	1032
temporary staff for positions involving the direct care of older	1033
adults and if the chief administrator receives from the employment	1034
service or the applicant a letter from the employment service that	1035
is on the letterhead of the employment service, dated, and signed	1036
by a supervisor or another designated official of the employment	1037
service and that states that the employment service has requested	1038
the superintendent to conduct a criminal records check regarding	1039
the applicant, that the requested criminal records check will	1040
include a determination of whether the applicant has been	1041
convicted of or pleaded guilty to any offense listed or described	1042
in division (C)(2) of this section, that, as of the date set forth	1043
on the letter, the employment service had not received the results	1044
of the criminal records check, and that, when the employment	1045
service receives the results of the criminal records check, it	1046
promptly will send a copy of the results to the home health	1047
agency. If a home health agency employs an applicant conditionally	1048
in accordance with this division, the employment service, upon its	1049
receipt of the results of the criminal records check, promptly	1050
shall send a copy of the results to the home health agency, and	1051
division (C)(3)(b) of this section applies regarding the	1052
conditional employment.	1053

(3) The chief administrator of a home health agency is not	1054
required to request that the superintendent of the bureau of	1055
criminal identification and investigation conduct a criminal	1056
records check of an applicant for a position that involves both	1057
responsibility for the care, custody, and control of a child and	1058
the provision of direct care to older adults if the applicant has	1059
been referred to the agency by an employment service that supplies	1060
full-time, part-time, or temporary staff for positions involving	1061
both responsibility for the care, custody, and control of a child	1062
and the provision of direct care to older adults and both of the	1063
following apply:	1064

(a) The chief administrator receives from the employment	1065
service or applicant a report of a criminal records check of the	1066
type described in division (I)(1)(a) of this section;	1067

(b) The report of the criminal records check demonstrates	1068
that the person has not been convicted of or pleaded guilty to an	1069
offense listed or described in division (C)(1) or (2) of this	1070
section, or the report demonstrates that the person has been	1071
convicted of or pleaded guilty to one or more of those offenses,	1072
but the home health agency chooses to employ the individual	1073
pursuant to division (F) of this section.	1074

(4) The chief administrator of a home health agency is not	1075
required to request that the superintendent of the bureau of	1076
criminal identification and investigation conduct a criminal	1077
records check of an applicant for a position that involves both	1078
responsibility for the care, custody, and control of a child and	1079
the provision of direct care to older adults and may employ the	1080
applicant conditionally in a position of that nature as described	1081
in this division, if the applicant has been referred to the agency	1082
by an employment service that supplies full-time, part-time, or	1083
temporary staff for positions involving both responsibility for	1084
the care, custody, and control of a child and the direct care of	1085
older adults and if the chief administrator receives from the	1086
employment service or the applicant a letter from the employment	1087
service that is on the letterhead of the employment service,	1088
dated, and signed by a supervisor or another designated official	1089
of the employment service and that states that the employment	1090
service has requested the superintendent to conduct a criminal	1091
records check regarding the applicant, that the requested criminal	1092
records check will include a determination of whether the	1093
applicant has been convicted of or pleaded guilty to any offense	1094
listed or described in division (C)(1) or (2) of this section,	1095
that, as of the date set forth on the letter, the employment	1096
service had not received the results of the criminal records	1097
check, and that, when the employment service receives the results	1098
of the criminal records check, it promptly will send a copy of the	1099
results to the home health agency. If a home health agency employs	1100
an applicant conditionally in accordance with this division, the	1101
employment service, upon its receipt of the results of the	1102
criminal records check, promptly shall send a copy of the results	1103
to the home health agency, and division (C)(3)(b) of this section	1104
applies regarding the conditional employment.	1105

Sec. 3712.01.  As used in this chapter:

1106

(A) "Hospice care program" means a coordinated program of	1107
home, outpatient, and inpatient care and services that is operated	1108
by a person or public agency and that provides the following care	1109
and services to hospice patients, including services as indicated	1110
below to hospice patients' families, through a medically directed	1111
interdisciplinary team, under interdisciplinary plans of care	1112
established pursuant to section 3712.06 of the Revised Code, in	1113
order to meet the physical, psychological, social, spiritual, and	1114
other special needs that are experienced during the final stages	1115
of illness, dying, and bereavement:	1116

(1) Nursing care by or under the supervision of a registered	1117
nurse;	1118

(2) Physical, occupational, or speech or language therapy,	1119
unless waived by the department of health pursuant to rules	1120
adopted under division (A) of section 3712.03 of the Revised Code;	1121

(3) Medical social services by a social worker under the	1122
direction of a physician;	1123

(4) Services of a home health aide;

1124

(5) Medical supplies, including drugs and biologicals, and	1125
the use of medical appliances;	1126

(6) Physician's services;

1127

(7) Short-term inpatient care, including both palliative and	1128
respite care and procedures;	1129

(8) Counseling for hospice patients and hospice patients'	1130
families;	1131

(9) Services of volunteers under the direction of the	1132
provider of the hospice care program;	1133

(10) Bereavement services for hospice patients' families.

1134

"Hospice care program" does not include a pediatric respite	1135
care program.	1136

(B) "Hospice patient" means a patient, other than a pediatric	1137
respite care patient, who has been diagnosed as terminally ill,	1138
has an anticipated life expectancy of six months or less, and has	1139
voluntarily requested and is receiving care from a person or	1140
public agency licensed under this chapter to provide a hospice	1141
care program.	1142

(C) "Hospice patient's family" means a hospice patient's	1143
immediate family members, including a spouse, brother, sister,	1144
child, or parent, and any other relative or individual who has	1145
significant personal ties to the patient and who is designated as	1146
a member of the patient's family by mutual agreement of the	1147
patient, the relative or individual, and the patient's	1148
interdisciplinary team.	1149

(D) "Interdisciplinary team" means a working unit composed of	1150
professional and lay persons that includes at least a physician, a	1151
registered nurse, a social worker, a member of the clergy or a	1152
counselor, and a volunteer.	1153

(E) "Palliative care" means treatment for a patient with a	1154
serious or life-threatening illness directed at controlling pain,	1155
relieving other symptoms, and enhancing the quality of life of the	1156
patient and the patient's family rather than treatment for the	1157
purpose of cure. Nothing in this section shall be interpreted to	1158
mean that palliative care can be provided only as a component of a	1159
hospice care program or pediatric respite care program.	1160

(F) "Physician" means a person authorized under Chapter 4731.	1161
of the Revised Code to practice medicine and surgery or	1162
osteopathic medicine and surgery.	1163

(G) "Attending physician" means the physician identified by	1164
the hospice patient or the, pediatric respite care patient,	1165
hospice patient's family, or pediatric respite care patient's	1166
family as having primary responsibility for the hospice patient's	1167
medical care of the hospice patient or pediatric respite care	1168
patient.	1169

(H) "Registered nurse" means a person registered under	1170
Chapter 4723. of the Revised Code to practice professional	1171
nursing.	1172

(I) "Social worker" means a person licensed under Chapter	1173
4757. of the Revised Code to practice as a social worker or	1174
independent social worker.	1175

(J) "Pediatric respite care program" means a program operated	1176
by a person or public agency that provides inpatient respite care	1177
and related services, including all of the following services,	1178
only to pediatric respite care patients and, as indicated below,	1179
pediatric respite care patients' families, in order to meet the	1180
physical, psychological, social, spiritual, and other special	1181
needs that are experienced during or leading up to the final	1182
stages of illness, dying, and bereavement:	1183

(1) Short-term inpatient care, including both palliative and	1184
respite care and procedures;	1185

(2) Nursing care by or under the supervision of a registered	1186
nurse;	1187

(3) Physician's services;

1188

(4) Medical social services by a social worker under the	1189
direction of a physician;	1190

(5) Medical supplies, including drugs and biologicals, and	1191
the use of medical appliances;	1192

(6) Counseling for pediatric respite care patients and	1193
pediatric respite care patients' families;	1194

(7) Bereavement services for respite care patients' families.

1195

"Pediatric respite care program" does not include a hospice	1196
care program.	1197

(K) "Pediatric respite care patient" means a patient, other	1198
than a hospice patient, who is less than twenty-seven years of age	1199
and to whom all of the following conditions apply:	1200

(1) The patient has been diagnosed with a disease or	1201
condition that is life-threatening and is expected to shorten the	1202
life expectancy that would have applied to the patient absent the	1203
patient's diagnosis, regardless of whether the patient is	1204
terminally ill.	1205

(2) The diagnosis described in division (K)(1) of this	1206
section occurred while the patient was less than eighteen years of	1207
age.	1208

(3) The patient has voluntarily requested and is receiving	1209
care from a person or public agency licensed under this chapter to	1210
provide a pediatric respite care program.	1211

(L) "Pediatric respite care patient's family" means a	1212
pediatric respite care patient's family members, including a	1213
spouse, brother, sister, child, or parent, and any other relative	1214
or individual who has significant personal ties to the patient and	1215
who is designated as a member of the patient's family by mutual	1216
agreement of the patient, the relative or individual, and the	1217
patient's interdisciplinary team.	1218

Sec. 3712.03.  (A) In accordance with Chapter 119. of the	1219
Revised Code, the public health council shall adopt, and may amend	1220
and rescind, rules:	1221

(1) Providing for the licensing of persons or public agencies	1222
providing hospice care programs within this state by the	1223
department of health and for the suspension and revocation of	1224
licenses;	1225

(2) Establishing a license fee and license renewal fee for	1226
hospice care programs, neither of which shall, except as provided	1227
in division (B) of this section, exceed six hundred dollars. The	1228
fees shall cover the three-year period during which an existing	1229
license is valid as provided in division (B) of section 3712.04 of	1230
the Revised Code.	1231

(3) Establishing an inspection fee for hospice care programs	1232
not to exceed, except as provided in division (B) of this section,	1233
one thousand seven hundred fifty dollars;	1234

(4) Establishing requirements for hospice care program	1235
facilities and services;	1236

(5) Providing for a waiver of the requirement for the	1237
provision of physical, occupational, or speech or language therapy	1238
contained in division (A)(2) of section 3712.01 of the Revised	1239
Code when the requirement would create a hardship because such	1240
therapy is not readily available in the geographic area served by	1241
the provider of a hospice care program;	1242

(6) Providing for the granting of licenses to provide hospice	1243
care programs to persons and public agencies that are accredited	1244
or certified to provide such programs by an entity whose standards	1245
for accreditation or certification equal or exceed those provided	1246
for licensure under this chapter and rules adopted under it;	1247

(7) Establishing interpretive guidelines for each rule	1248
adopted under this section.	1249

(B) Subject to the approval of the controlling board, the	1250
public health council may establish fees in excess of the maximum	1251
amounts specified in this section, provided that the fees do not	1252
exceed those amounts by greater than fifty per cent.	1253

(C) The department of health shall:

1254

(1) Grant, suspend, and revoke licenses for hospice care	1255
programs in accordance with this chapter and rules adopted under	1256
it;	1257

(2) Make such inspections as are necessary to determine	1258
whether hospice care program facilities and services meet the	1259
requirements of this chapter and rules adopted under it; and	1260

(3) Implement and enforce provisions of this chapter and	1261
rules adopted under it as such provisions apply to hospice care	1262
programs.	1263

Sec. 3712.031.  (A) In accordance with Chapter 119. of the	1264
Revised Code, the director of health shall adopt, and may amend	1265
and rescind, rules:	1266

(1) Providing for the licensing of persons or public agencies	1267
providing pediatric respite care programs within this state by the	1268
department of health and for the suspension and revocation of	1269
licenses;	1270

(2) Establishing a license fee and license renewal fee for	1271
pediatric respite care programs, neither of which shall, except as	1272
provided in division (B) of this section, exceed six hundred	1273
dollars. The fees shall cover the three-year period during which	1274
an existing license is valid as provided in division (B) of	1275
section 3712.041 of the Revised Code.	1276

(3) Establishing an inspection fee not to exceed, except as	1277
provided in division (B) of this section, one thousand seven	1278
hundred fifty dollars;	1279

(4) Establishing requirements for pediatric respite care	1280
program facilities and services;	1281

(5) Providing for the granting of licenses to provide	1282
pediatric respite care programs to persons and public agencies	1283
that are accredited or certified to provide such programs by an	1284
entity whose standards for accreditation or certification equal or	1285
exceed those provided for licensure under this chapter and rules	1286
adopted under it;	1287

(6) Establishing interpretive guidelines for each rule	1288
adopted under this section.	1289

(B) Subject to the approval of the controlling board, the	1290
director of health may establish fees in excess of the maximum	1291
amounts specified in this section, provided that the fees do not	1292
exceed those amounts by greater than fifty per cent.	1293

(C) The department of health shall:

1294

(1) Grant, suspend, and revoke licenses for pediatric respite	1295
care programs in accordance with this chapter and rules adopted	1296
under it;	1297

(2) Make such inspections as are necessary to determine	1298
whether pediatric respite care program facilities and services	1299
meet the requirements of this chapter and rules adopted under it;	1300
and	1301

(3) Implement and enforce provisions of this chapter and	1302
rules adopted under it as such provisions apply to pediatric	1303
respite care programs.	1304

Sec. 3712.041.  (A) Every person or public agency that	1305
proposes to provide a pediatric respite care program shall apply	1306
to the department of health for a license. Application shall be	1307
made on forms prescribed and provided by the department, shall	1308
include such information as the department requires, and shall be	1309
accompanied by the license fee established by rules adopted by the	1310
director of health under division (A) of section 3712.031 of the	1311
Revised Code.	1312

The department shall grant a license to the applicant if the	1313
applicant is in compliance with this chapter and rules adopted	1314
under it.	1315

(B) A license granted under this section shall be valid for	1316
three years. Application for renewal of a license shall be made at	1317
least ninety days before the expiration of the license in the same	1318
manner as for an initial license. The department shall renew the	1319
license if the applicant meets the requirements of this chapter	1320
and rules adopted under it.	1321

(C) Subject to Chapter 119. of the Revised Code, the	1322
department may suspend or revoke a license if the licensee made	1323
any material misrepresentation in the application for the license	1324
or no longer meets the requirements of this chapter or rules	1325
adopted under it.	1326

Sec. 3712.051.  (A) As used in this division, "person" does	1327
not include a member of an interdisciplinary team, as defined in	1328
section 3712.01 of the Revised Code, or any individual who is	1329
employed by a person or public agency licensed under section	1330
3712.041 of the Revised Code.	1331

Except as provided in division (B) of this section, no person	1332
or public agency, other than a person or public agency licensed	1333
pursuant to section 3712.041 of the Revised Code, shall hold	1334
itself out as providing a pediatric respite care program, or	1335
provide a pediatric respite care program, or use the term	1336
"pediatric respite care program" or any term containing "pediatric	1337
respite care" to describe or refer to a health program, facility,	1338
or agency.	1339

(B) Division (A) of this section does not apply to any of the	1340
following:	1341

(1) A hospital;

1342

(2) A home providing nursing care;

1343

(3) A home health agency, if it provides services under	1344
contract with a person or public agency providing a pediatric	1345
respite care program licensed under section 3712.041 of the	1346
Revised Code;	1347

(4) A regional, state, or national nonprofit organization	1348
whose members are providers of pediatric respite care programs,	1349
individuals interested in pediatric respite care programs, or	1350
both, as long as the organization does not provide or represent	1351
that it provides pediatric respite care programs.	1352

(C) The department of health shall petition the court of	1353
common pleas of any county in which a person or public agency,	1354
without a license granted under section 3712.041 of the Revised	1355
Code, is holding itself out as providing a pediatric respite care	1356
program, is providing a pediatric respite care program, or is	1357
representing a health program, facility, or agency as a pediatric	1358
respite care program, for an order enjoining that person or public	1359
agency from conducting those activities without a license. The	1360
court has jurisdiction to grant injunctive relief upon a showing	1361
that the respondent named in the petition is conducting those	1362
activities without a license.	1363

Any person or public agency may request the department to	1364
petition the court for injunctive relief under this division, and	1365
the department shall do so if it determines that the person or	1366
public agency named in the request is violating division (A) of	1367
this section.	1368

Sec. 3712.061. (A) Any person or public agency licensed under	1369
section 3712.041 of the Revised Code to provide a pediatric	1370
respite care program shall do all of the following:	1371

(1) Provide a planned and continuous pediatric respite care	1372
program, the medical components of which shall be under the	1373
direction of a physician;	1374

(2) Ensure that care is available twenty-four hours a day and	1375
seven days a week;	1376

(3) Establish an interdisciplinary plan of care for each	1377
pediatric respite care patient and the patient's family that:	1378

(a) Is coordinated by one designated individual who shall	1379
ensure that all components of the plan of care are addressed and	1380
implemented;	1381

(b) Addresses maintenance of patient-family participation in	1382
decision making; and	1383

(c) Is reviewed by the patient's attending physician and by	1384
the patient's interdisciplinary team immediately prior to or on	1385
admission to each session of respite care.	1386

(4) Have an interdisciplinary team or teams that provide or	1387
supervise the provision of pediatric respite care program services	1388
and establish the policies governing the provision of the	1389
services;	1390

(5) Maintain central clinical records on all pediatric	1391
respite care patients under its care.	1392

(B) A provider of a pediatric respite care program may	1393
arrange for another person or public agency to furnish a component	1394
or components of the pediatric respite care program pursuant to a	1395
written contract. When a provider of a pediatric respite care	1396
program arranges for a home health agency to furnish a component	1397
or components of the pediatric respite care program to its	1398
patient, the care shall be provided by a home health agency	1399
pursuant to a written contract under which:	1400

(1) The provider of a pediatric respite care program	1401
furnishes to the contractor a copy of the pediatric respite care	1402
patient's interdisciplinary plan of care that is established under	1403
division (A)(3) of this section and specifies the care that is to	1404
be furnished by the contractor;	1405

(2) The regimen described in the established plan of care is	1406
continued while the pediatric respite care patient receives care	1407
from the contractor, subject to the patient's needs, and with	1408
approval of the coordinator of the interdisciplinary team	1409
designated pursuant to division (A)(3)(a) of this section;	1410

(3) All care, treatment, and services furnished by the	1411
contractor are entered into the pediatric respite care patient's	1412
medical record;	1413

(4) The designated coordinator of the interdisciplinary team	1414
ensures conformance with the established plan of care; and	1415

(5) A copy of the contractor's medical record and discharge	1416
summary is retained as part of the pediatric respite care	1417
patient's medical record.	1418

Sec. 3712.09.  (A) As used in this section:

1419

(1) "Applicant" means a person who is under final	1420
consideration for employment with a hospice care program or	1421
pediatric respite care program in a full-time, part-time, or	1422
temporary position that involves providing direct care to an older	1423
adult or pediatric respite care patient. "Applicant" does not	1424
include a person who provides direct care as a volunteer without	1425
receiving or expecting to receive any form of remuneration other	1426
than reimbursement for actual expenses.	1427

(2) "Criminal records check" and "older adult" have the same	1428
meanings as in section 109.572 of the Revised Code.	1429

(B)(1) Except as provided in division (I) of this section,	1430
the chief administrator of a hospice care program or pediatric	1431
respite care program shall request that the superintendent of the	1432
bureau of criminal identification and investigation conduct a	1433
criminal records check with respect to each applicant. If an	1434
applicant for whom a criminal records check request is required	1435
under this division does not present proof of having been a	1436
resident of this state for the five-year period immediately prior	1437
to the date the criminal records check is requested or provide	1438
evidence that within that five-year period the superintendent has	1439
requested information about the applicant from the federal bureau	1440
of investigation in a criminal records check, the chief	1441
administrator shall request that the superintendent obtain	1442
information from the federal bureau of investigation as part of	1443
the criminal records check of the applicant. Even if an applicant	1444
for whom a criminal records check request is required under this	1445
division presents proof of having been a resident of this state	1446
for the five-year period, the chief administrator may request that	1447
the superintendent include information from the federal bureau of	1448
investigation in the criminal records check.	1449

(2) A person required by division (B)(1) of this section to	1450
request a criminal records check shall do both of the following:	1451

(a) Provide to each applicant for whom a criminal records	1452
check request is required under that division a copy of the form	1453
prescribed pursuant to division (C)(1) of section 109.572 of the	1454
Revised Code and a standard fingerprint impression sheet	1455
prescribed pursuant to division (C)(2) of that section, and obtain	1456
the completed form and impression sheet from the applicant;	1457

(b) Forward the completed form and impression sheet to the	1458
superintendent of the bureau of criminal identification and	1459
investigation.	1460

(3) An applicant provided the form and fingerprint impression	1461
sheet under division (B)(2)(a) of this section who fails to	1462
complete the form or provide fingerprint impressions shall not be	1463
employed in any position for which a criminal records check is	1464
required by this section.	1465

(C)(1) Except as provided in rules adopted by the public	1466
health council in accordance with division (F)(1) of this section	1467
or by the director of health in accordance with division (F)(2) of	1468
this section, and subject to division (C)(2) of this section, no	1469
hospice care program or pediatric respite care program shall	1470
employ a person in a position that involves providing direct care	1471
to an older adult or pediatric respite care patient if the person	1472
has been convicted of or pleaded guilty to any of the following:	1473

(a) A violation of section 2903.01, 2903.02, 2903.03,	1474
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1475
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1476
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1477
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1478
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1479
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1480
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1481
2925.22, 2925.23, or 3716.11 of the Revised Code.	1482

(b) A violation of an existing or former law of this state,	1483
any other state, or the United States that is substantially	1484
equivalent to any of the offenses listed in division (C)(1)(a) of	1485
this section.	1486

(2)(a) A hospice care program or pediatric respite care	1487
program may employ conditionally an applicant for whom a criminal	1488
records check request is required under division (B) of this	1489
section prior to obtaining the results of a criminal records check	1490
regarding the individual, provided that the program shall request	1491
a criminal records check regarding the individual in accordance	1492
with division (B)(1) of this section not later than five business	1493
days after the individual begins conditional employment. In the	1494
circumstances described in division (I)(2) of this section, a	1495
hospice care program or pediatric respite care program may employ	1496
conditionally an applicant who has been referred to the hospice	1497
care program or pediatric respite care program by an employment	1498
service that supplies full-time, part-time, or temporary staff for	1499
positions involving the direct care of older adults or pediatric	1500
respite care patients and for whom, pursuant to that division, a	1501
criminal records check is not required under division (B) of this	1502
section.	1503

(b) A hospice care program or pediatric respite care program	1504
that employs an individual conditionally under authority of	1505
division (C)(2)(a) of this section shall terminate the	1506
individual's employment if the results of the criminal records	1507
check requested under division (B) of this section or described in	1508
division (I)(2) of this section, other than the results of any	1509
request for information from the federal bureau of investigation,	1510
are not obtained within the period ending thirty days after the	1511
date the request is made. Regardless of when the results of the	1512
criminal records check are obtained, if the results indicate that	1513
the individual has been convicted of or pleaded guilty to any of	1514
the offenses listed or described in division (C)(1) of this	1515
section, the program shall terminate the individual's employment	1516
unless the program chooses to employ the individual pursuant to	1517
division (F) of this section. Termination of employment under this	1518
division shall be considered just cause for discharge for purposes	1519
of division (D)(2) of section 4141.29 of the Revised Code if the	1520
individual makes any attempt to deceive the program about the	1521
individual's criminal record.	1522

(D)(1) Each hospice care program or pediatric respite care	1523
program shall pay to the bureau of criminal identification and	1524
investigation the fee prescribed pursuant to division (C)(3) of	1525
section 109.572 of the Revised Code for each criminal records	1526
check conducted pursuant to a request made under division (B) of	1527
this section.	1528

(2) A hospice care program or pediatric respite care program	1529
may charge an applicant a fee not exceeding the amount the program	1530
pays under division (D)(1) of this section. A program may collect	1531
a fee only if both of the following apply:	1532

(a) The program notifies the person at the time of initial	1533
application for employment of the amount of the fee and that,	1534
unless the fee is paid, the person will not be considered for	1535
employment;	1536

(b) The medical assistance program established under Chapter	1537
5111. of the Revised Code does not reimburse the program the fee	1538
it pays under division (D)(1) of this section.	1539

(E) The report of a criminal records check conducted pursuant	1540
to a request made under this section is not a public record for	1541
the purposes of section 149.43 of the Revised Code and shall not	1542
be made available to any person other than the following:	1543

(1) The individual who is the subject of the criminal records	1544
check or the individual's representative;	1545

(2) The chief administrator of the program requesting the	1546
criminal records check or the administrator's representative;	1547

(3) The administrator of any other facility, agency, or	1548
program that provides direct care to older adults or pediatric	1549
respite care patients that is owned or operated by the same entity	1550
that owns or operates the hospice care program or pediatric	1551
respite care program;	1552

(4) A court, hearing officer, or other necessary individual	1553
involved in a case dealing with a denial of employment of the	1554
applicant or dealing with employment or unemployment benefits of	1555
the applicant;	1556

(5) Any person to whom the report is provided pursuant to,	1557
and in accordance with, division (I)(1) or (2) of this section.	1558

(F)(1) The public health council shall adopt rules in	1559
accordance with Chapter 119. of the Revised Code to implement this	1560
section only as it applies to hospice care programs. The rules	1561
shall specify circumstances under which a hospice care program may	1562
employ a person who has been convicted of or pleaded guilty to an	1563
offense listed or described in division (C)(1) of this section but	1564
meets personal character standards set by the council.	1565

(2) The director of health shall adopt rules in accordance	1566
with Chapter 119. of the Revised Code to implement this section	1567
only as it applies to pediatric respite care programs. The rules	1568
shall specify circumstances under which a pediatric respite care	1569
program may employ a person who has been convicted of or pleaded	1570
guilty to an offense listed or described in division (C)(1) of	1571
this section but meets personal character standards set by the	1572
director.	1573

(G) The chief administrator of a hospice care program or	1574
pediatric respite care program shall inform each individual, at	1575
the time of initial application for a position that involves	1576
providing direct care to an older adult or pediatric respite care	1577
patient, that the individual is required to provide a set of	1578
fingerprint impressions and that a criminal records check is	1579
required to be conducted if the individual comes under final	1580
consideration for employment.	1581

(H) In a tort or other civil action for damages that is	1582
brought as the result of an injury, death, or loss to person or	1583
property caused by an individual who a hospice care program or	1584
pediatric respite care program employs in a position that involves	1585
providing direct care to older adults or pediatric respite care	1586
patients, all of the following shall apply:	1587

(1) If the program employed the individual in good faith and	1588
reasonable reliance on the report of a criminal records check	1589
requested under this section, the program shall not be found	1590
negligent solely because of its reliance on the report, even if	1591
the information in the report is determined later to have been	1592
incomplete or inaccurate;	1593

(2) If the program employed the individual in good faith on a	1594
conditional basis pursuant to division (C)(2) of this section, the	1595
program shall not be found negligent solely because it employed	1596
the individual prior to receiving the report of a criminal records	1597
check requested under this section;	1598

(3) If the program in good faith employed the individual	1599
according to the personal character standards established in rules	1600
adopted under division (F) of this section, the program shall not	1601
be found negligent solely because the individual prior to being	1602
employed had been convicted of or pleaded guilty to an offense	1603
listed or described in division (C)(1) of this section.	1604

(I)(1) The chief administrator of a hospice care program or	1605
pediatric respite care program is not required to request that the	1606
superintendent of the bureau of criminal identification and	1607
investigation conduct a criminal records check of an applicant if	1608
the applicant has been referred to the program by an employment	1609
service that supplies full-time, part-time, or temporary staff for	1610
positions involving the direct care of older adults or pediatric	1611
respite care patients and both of the following apply:	1612

(a) The chief administrator receives from the employment	1613
service or the applicant a report of the results of a criminal	1614
records check regarding the applicant that has been conducted by	1615
the superintendent within the one-year period immediately	1616
preceding the applicant's referral;	1617

(b) The report of the criminal records check demonstrates	1618
that the person has not been convicted of or pleaded guilty to an	1619
offense listed or described in division (C)(1) of this section, or	1620
the report demonstrates that the person has been convicted of or	1621
pleaded guilty to one or more of those offenses, but the hospice	1622
care program or pediatric respite care program chooses to employ	1623
the individual pursuant to division (F) of this section.	1624

(2) The chief administrator of a hospice care program or	1625
pediatric respite care program is not required to request that the	1626
superintendent of the bureau of criminal identification and	1627
investigation conduct a criminal records check of an applicant and	1628
may employ the applicant conditionally as described in this	1629
division, if the applicant has been referred to the program by an	1630
employment service that supplies full-time, part-time, or	1631
temporary staff for positions involving the direct care of older	1632
adults or pediatric respite care patients and if the chief	1633
administrator receives from the employment service or the	1634
applicant a letter from the employment service that is on the	1635
letterhead of the employment service, dated, and signed by a	1636
supervisor or another designated official of the employment	1637
service and that states that the employment service has requested	1638
the superintendent to conduct a criminal records check regarding	1639
the applicant, that the requested criminal records check will	1640
include a determination of whether the applicant has been	1641
convicted of or pleaded guilty to any offense listed or described	1642
in division (C)(1) of this section, that, as of the date set forth	1643
on the letter, the employment service had not received the results	1644
of the criminal records check, and that, when the employment	1645
service receives the results of the criminal records check, it	1646
promptly will send a copy of the results to the hospice care	1647
program or pediatric respite care program. If a hospice care	1648
program or pediatric respite care program employs an applicant	1649
conditionally in accordance with this division, the employment	1650
service, upon its receipt of the results of the criminal records	1651
check, promptly shall send a copy of the results to the hospice	1652
care program or pediatric respite care program, and division	1653
(C)(2)(b) of this section applies regarding the conditional	1654
employment.	1655

Sec. 3721.01.  (A) As used in sections 3721.01 to 3721.09 and	1656
3721.99 of the Revised Code:	1657

(1)(a) "Home" means an institution, residence, or facility	1658
that provides, for a period of more than twenty-four hours,	1659
whether for a consideration or not, accommodations to three or	1660
more unrelated individuals who are dependent upon the services of	1661
others, including a nursing home, residential care facility, home	1662
for the aging, and a veterans' home operated under Chapter 5907.	1663
of the Revised Code.	1664

(b) "Home" also means both of the following:

1665

(i) Any facility that a person, as defined in section 3702.51	1666
of the Revised Code, proposes for certification as a skilled	1667
nursing facility or nursing facility under Title XVIII or XIX of	1668
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	1669
as amended, and for which a certificate of need, other than a	1670
certificate to recategorize hospital beds as described in section	1671
3702.522 of the Revised Code or division (R)(7)(d) of the version	1672
of section 3702.51 of the Revised Code in effect immediately prior	1673
to April 20, 1995, has been granted to the person under sections	1674
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	1675

(ii) A county home or district home that is or has been	1676
licensed as a residential care facility.	1677

(c) "Home" does not mean any of the following:

1678

(i) Except as provided in division (A)(1)(b) of this section,	1679
a public hospital or hospital as defined in section 3701.01 or	1680
5122.01 of the Revised Code;	1681

(ii) A residential facility for mentally ill persons as	1682
defined under section 5119.22 of the Revised Code;	1683

(iii) A residential facility as defined in section 5123.19 of	1684
the Revised Code;	1685

(iv) An adult care facility as defined in section 5119.70 of	1686
the Revised Code;	1687

(v) An alcohol or drug addiction program as defined in	1688
section 3793.01 of the Revised Code;	1689

(vi) A facility licensed to provide methadone treatment under	1690
section 3793.11 of the Revised Code;	1691

(vii) A facility providing services under contract with the	1692
department of developmental disabilities under section 5123.18 of	1693
the Revised Code unless section 5123.192 of the Revised Code makes	1694
the facility subject to the requirements of this chapter;	1695

(viii) A facility operated by a hospice care program licensed	1696
under section 3712.04 of the Revised Code that is used exclusively	1697
for care of hospice patients;	1698

(ix) A facility operated by a pediatric respite care program	1699
licensed under section 3712.041 of the Revised Code that is used	1700
exclusively for care of pediatric respite care patients;	1701

(x) A facility, infirmary, or other entity that is operated	1702
by a religious order, provides care exclusively to members of	1703
religious orders who take vows of celibacy and live by virtue of	1704
their vows within the orders as if related, and does not	1705
participate in the medicare program established under Title XVIII	1706
of the "Social Security Act" or the medical assistance program	1707
established under Chapter 5111. of the Revised Code and Title XIX	1708
of the "Social Security Act," if on January 1, 1994, the facility,	1709
infirmary, or entity was providing care exclusively to members of	1710
the religious order;	1711

(x)(xi) A county home or district home that has never been	1712
licensed as a residential care facility.	1713

(2) "Unrelated individual" means one who is not related to	1714
the owner or operator of a home or to the spouse of the owner or	1715
operator as a parent, grandparent, child, grandchild, brother,	1716
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	1717
uncle.	1718

(3) "Mental impairment" does not mean mental illness as	1719
defined in section 5122.01 of the Revised Code or mental	1720
retardation as defined in section 5123.01 of the Revised Code.	1721

(4) "Skilled nursing care" means procedures that require	1722
technical skills and knowledge beyond those the untrained person	1723
possesses and that are commonly employed in providing for the	1724
physical, mental, and emotional needs of the ill or otherwise	1725
incapacitated. "Skilled nursing care" includes, but is not limited	1726
to, the following:	1727

(a) Irrigations, catheterizations, application of dressings,	1728
and supervision of special diets;	1729

(b) Objective observation of changes in the patient's	1730
condition as a means of analyzing and determining the nursing care	1731
required and the need for further medical diagnosis and treatment;	1732

(c) Special procedures contributing to rehabilitation;

1733

(d) Administration of medication by any method ordered by a	1734
physician, such as hypodermically, rectally, or orally, including	1735
observation of the patient after receipt of the medication;	1736

(e) Carrying out other treatments prescribed by the physician	1737
that involve a similar level of complexity and skill in	1738
administration.	1739

(5)(a) "Personal care services" means services including, but	1740
not limited to, the following:	1741

(i) Assisting residents with activities of daily living;

1742

(ii) Assisting residents with self-administration of	1743
medication, in accordance with rules adopted under section 3721.04	1744
of the Revised Code;	1745

(iii) Preparing special diets, other than complex therapeutic	1746
diets, for residents pursuant to the instructions of a physician	1747
or a licensed dietitian, in accordance with rules adopted under	1748
section 3721.04 of the Revised Code.	1749

(b) "Personal care services" does not include "skilled	1750
nursing care" as defined in division (A)(4) of this section. A	1751
facility need not provide more than one of the services listed in	1752
division (A)(5)(a) of this section to be considered to be	1753
providing personal care services.	1754

(6) "Nursing home" means a home used for the reception and	1755
care of individuals who by reason of illness or physical or mental	1756
impairment require skilled nursing care and of individuals who	1757
require personal care services but not skilled nursing care. A	1758
nursing home is licensed to provide personal care services and	1759
skilled nursing care.	1760

(7) "Residential care facility" means a home that provides	1761
either of the following:	1762

(a) Accommodations for seventeen or more unrelated	1763
individuals and supervision and personal care services for three	1764
or more of those individuals who are dependent on the services of	1765
others by reason of age or physical or mental impairment;	1766

(b) Accommodations for three or more unrelated individuals,	1767
supervision and personal care services for at least three of those	1768
individuals who are dependent on the services of others by reason	1769
of age or physical or mental impairment, and, to at least one of	1770
those individuals, any of the skilled nursing care authorized by	1771
section 3721.011 of the Revised Code.	1772

(8) "Home for the aging" means a home that provides services	1773
as a residential care facility and a nursing home, except that the	1774
home provides its services only to individuals who are dependent	1775
on the services of others by reason of both age and physical or	1776
mental impairment.	1777

The part or unit of a home for the aging that provides	1778
services only as a residential care facility is licensed as a	1779
residential care facility. The part or unit that may provide	1780
skilled nursing care beyond the extent authorized by section	1781
3721.011 of the Revised Code is licensed as a nursing home.	1782

(9) "County home" and "district home" mean a county home or	1783
district home operated under Chapter 5155. of the Revised Code.	1784

(B) The public health council may further classify homes. For	1785
the purposes of this chapter, any residence, institution, hotel,	1786
congregate housing project, or similar facility that meets the	1787
definition of a home under this section is such a home regardless	1788
of how the facility holds itself out to the public.	1789

(C) For purposes of this chapter, personal care services or	1790
skilled nursing care shall be considered to be provided by a	1791
facility if they are provided by a person employed by or	1792
associated with the facility or by another person pursuant to an	1793
agreement to which neither the resident who receives the services	1794
nor the resident's sponsor is a party.	1795

(D) Nothing in division (A)(4) of this section shall be	1796
construed to permit skilled nursing care to be imposed on an	1797
individual who does not require skilled nursing care.	1798

Nothing in division (A)(5) of this section shall be construed	1799
to permit personal care services to be imposed on an individual	1800
who is capable of performing the activity in question without	1801
assistance.	1802

(E) Division (A)(1)(c)(ix) of this section does not prohibit	1803
a facility, infirmary, or other entity described in that division	1804
from seeking licensure under sections 3721.01 to 3721.09 of the	1805
Revised Code or certification under Title XVIII or XIX of the	1806
"Social Security Act." However, such a facility, infirmary, or	1807
entity that applies for licensure or certification must meet the	1808
requirements of those sections or titles and the rules adopted	1809
under them and obtain a certificate of need from the director of	1810
health under section 3702.52 of the Revised Code.	1811

(F) Nothing in this chapter, or rules adopted pursuant to it,	1812
shall be construed as authorizing the supervision, regulation, or	1813
control of the spiritual care or treatment of residents or	1814
patients in any home who rely upon treatment by prayer or	1815
spiritual means in accordance with the creed or tenets of any	1816
recognized church or religious denomination.	1817

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	1818
3795.03 of the Revised Code:	1819

(A) "Assist suicide" or "assisting suicide" means knowingly	1820
doing either of the following, with the purpose of helping another	1821
person to commit or attempt suicide:	1822

(1) Providing the physical means by which the person commits	1823
or attempts to commit suicide;	1824

(2) Participating in a physical act by which the person	1825
commits or attempts to commit suicide.	1826

(B) "Certified nurse practitioner," "certified	1827
nurse-midwife," and "clinical nurse specialist" have the same	1828
meanings as in section 4723.01 of the Revised Code.	1829

(C) "CPR" has the same meaning as in section 2133.21 of the	1830
Revised Code.	1831

(D) "Health care" means any care, treatment, service, or	1832
procedure to maintain, diagnose, or treat a person's physical or	1833
mental condition.	1834

(E) "Health care decision" means informed consent, refusal to	1835
give informed consent, or withdrawal of informed consent to health	1836
care.	1837

(F) "Health care facility" means any of the following:

1838

(1) A hospital;

1839

(2) A hospice care program or pediatric respite care program	1840
as defined in section 3712.01 of the Revised Code;	1841

(3) A nursing home;

1842

(4) A home health agency;

1843

(5) An intermediate care facility for the mentally retarded.

1844

(G) "Health care personnel" means physicians, nurses,	1845
physician assistants, emergency medical technicians-basic,	1846
emergency medical technicians-intermediate, emergency medical	1847
technicians-paramedic, medical technicians, dietitians, other	1848
authorized persons acting under the direction of an attending	1849
physician, and administrators of health care facilities.	1850

(H) "Physician" means a person who is authorized under	1851
Chapter 4731. of the Revised Code to practice medicine and surgery	1852
or osteopathic medicine and surgery.	1853

Sec. 3963.01. As used in this chapter:

1854

(A) "Affiliate" means any person or entity that has ownership	1855
or control of a contracting entity, is owned or controlled by a	1856
contracting entity, or is under common ownership or control with a	1857
contracting entity.	1858

(B) "Basic health care services" has the same meaning as in	1859
division (A) of section 1751.01 of the Revised Code, except that	1860
it does not include any services listed in that division that are	1861
provided by a pharmacist or nursing home.	1862

(C) "Contracting entity" means any person that has a primary	1863
business purpose of contracting with participating providers for	1864
the delivery of health care services.	1865

(D) "Credentialing" means the process of assessing and	1866
validating the qualifications of a provider applying to be	1867
approved by a contracting entity to provide basic health care	1868
services, specialty health care services, or supplemental health	1869
care services to enrollees.	1870

(E) "Edit" means adjusting one or more procedure codes billed	1871
by a participating provider on a claim for payment or a practice	1872
that results in any of the following:	1873

(1) Payment for some, but not all of the procedure codes	1874
originally billed by a participating provider;	1875

(2) Payment for a different procedure code than the procedure	1876
code originally billed by a participating provider;	1877

(3) A reduced payment as a result of services provided to an	1878
enrollee that are claimed under more than one procedure code on	1879
the same service date.	1880

(F) "Electronic claims transport" means to accept and	1881
digitize claims or to accept claims already digitized, to place	1882
those claims into a format that complies with the electronic	1883
transaction standards issued by the United States department of	1884
health and human services pursuant to the "Health Insurance	1885
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	1886
U.S.C. 1320d, et seq., as those electronic standards are	1887
applicable to the parties and as those electronic standards are	1888
updated from time to time, and to electronically transmit those	1889
claims to the appropriate contracting entity, payer, or	1890
third-party administrator.	1891

(G) "Enrollee" means any person eligible for health care	1892
benefits under a health benefit plan, including an eligible	1893
recipient of medicaid under Chapter 5111. of the Revised Code, and	1894
includes all of the following terms:	1895

(1) "Enrollee" and "subscriber" as defined by section 1751.01	1896
of the Revised Code;	1897

(2) "Member" as defined by section 1739.01 of the Revised	1898
Code;	1899

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	1900
the Revised Code;	1901

(4) "Beneficiary" as defined by section 3901.38 of the	1902
Revised Code.	1903

(H) "Health care contract" means a contract entered into,	1904
materially amended, or renewed between a contracting entity and a	1905
participating provider for the delivery of basic health care	1906
services, specialty health care services, or supplemental health	1907
care services to enrollees.	1908

(I) "Health care services" means basic health care services,	1909
specialty health care services, and supplemental health care	1910
services.	1911

(J) "Material amendment" means an amendment to a health care	1912
contract that decreases the participating provider's payment or	1913
compensation, changes the administrative procedures in a way that	1914
may reasonably be expected to significantly increase the	1915
provider's administrative expenses, or adds a new product. A	1916
material amendment does not include any of the following:	1917

(1) A decrease in payment or compensation resulting solely	1918
from a change in a published fee schedule upon which the payment	1919
or compensation is based and the date of applicability is clearly	1920
identified in the contract;	1921

(2) A decrease in payment or compensation that was	1922
anticipated under the terms of the contract, if the amount and	1923
date of applicability of the decrease is clearly identified in the	1924
contract;	1925

(3) An administrative change that may significantly increase	1926
the provider's administrative expense, the specific applicability	1927
of which is clearly identified in the contract;	1928

(4) Changes to an existing prior authorization,	1929
precertification, notification, or referral program that do not	1930
substantially increase the provider's administrative expense;	1931

(5) Changes to an edit program or to specific edits if the	1932
participating provider is provided notice of the changes pursuant	1933
to division (A)(1) of section 3963.04 of the Revised Code and the	1934
notice includes information sufficient for the provider to	1935
determine the effect of the change;	1936

(6) Changes to a health care contract described in division	1937
(B) of section 3963.04 of the Revised Code.	1938

(K) "Participating provider" means a provider that has a	1939
health care contract with a contracting entity and is entitled to	1940
reimbursement for health care services rendered to an enrollee	1941
under the health care contract.	1942

(L) "Payer" means any person that assumes the financial risk	1943
for the payment of claims under a health care contract or the	1944
reimbursement for health care services provided to enrollees by	1945
participating providers pursuant to a health care contract.	1946

(M) "Primary enrollee" means a person who is responsible for	1947
making payments for participation in a health care plan or an	1948
enrollee whose employment or other status is the basis of	1949
eligibility for enrollment in a health care plan.	1950

(N) "Procedure codes" includes the American medical	1951
association's current procedural terminology code, the American	1952
dental association's current dental terminology, and the centers	1953
for medicare and medicaid services health care common procedure	1954
coding system.	1955

(O) "Product" means one of the following types of categories	1956
of coverage for which a participating provider may be obligated to	1957
provide health care services pursuant to a health care contract:	1958

(1) A health maintenance organization or other product	1959
provided by a health insuring corporation;	1960

(2) A preferred provider organization;

1961

(3) Medicare;

1962

(4) Medicaid;

1963

(5) Workers' compensation.

1964

(P) "Provider" means a physician, podiatrist, dentist,	1965
chiropractor, optometrist, psychologist, physician assistant,	1966
advanced practice nurse, occupational therapist, massage	1967
therapist, physical therapist, professional counselor,	1968
professional clinical counselor, hearing aid dealer, orthotist,	1969
prosthetist, home health agency, hospice care program, pediatric	1970
respite care program, or hospital, or a provider organization or	1971
physician-hospital organization that is acting exclusively as an	1972
administrator on behalf of a provider to facilitate the provider's	1973
participation in health care contracts. "Provider" does not mean a	1974
pharmacist, pharmacy, nursing home, or a provider organization or	1975
physician-hospital organization that leases the provider	1976
organization's or physician-hospital organization's network to a	1977
third party or contracts directly with employers or health and	1978
welfare funds.	1979

(Q) "Specialty health care services" has the same meaning as	1980
in section 1751.01 of the Revised Code, except that it does not	1981
include any services listed in division (B) of section 1751.01 of	1982
the Revised Code that are provided by a pharmacist or a nursing	1983
home.	1984

(R) "Supplemental health care services" has the same meaning	1985
as in division (B) of section 1751.01 of the Revised Code, except	1986
that it does not include any services listed in that division that	1987
are provided by a pharmacist or nursing home.	1988

Sec. 4719.01.  (A) As used in sections 4719.01 to 4719.18 of	1989
the Revised Code:	1990

(1) "Affiliate" means a business entity that is owned by,	1991
operated by, controlled by, or under common control with another	1992
business entity.	1993

(2) "Communication" means a written or oral notification or	1994
advertisement that meets both of the following criteria, as	1995
applicable:	1996

(a) The notification or advertisement is transmitted by or on	1997
behalf of the seller of goods or services and by or through any	1998
printed, audio, video, cinematic, telephonic, or electronic means.	1999

(b) In the case of a notification or advertisement other than	2000
by telephone, either of the following conditions is met:	2001

(i) The notification or advertisement is followed by a	2002
telephone call from a telephone solicitor or salesperson.	2003

(ii) The notification or advertisement invites a response by	2004
telephone, and, during the course of that response, a telephone	2005
solicitor or salesperson attempts to make or makes a sale of goods	2006
or services. As used in division (A)(2)(b)(ii) of this section,	2007
"invites a response by telephone" excludes the mere listing or	2008
inclusion of a telephone number in a notification or	2009
advertisement.	2010

(3) "Gift, award, or prize" means anything of value that is	2011
offered or purportedly offered, or given or purportedly given by	2012
chance, at no cost to the receiver and with no obligation to	2013
purchase goods or services. As used in this division, "chance"	2014
includes a situation in which a person is guaranteed to receive an	2015
item and, at the time of the offer or purported offer, the	2016
telephone solicitor does not identify the specific item that the	2017
person will receive.	2018

(4) "Goods or services" means any real property or any	2019
tangible or intangible personal property, or services of any kind	2020
provided or offered to a person. "Goods or services" includes, but	2021
is not limited to, advertising; labor performed for the benefit of	2022
a person; personal property intended to be attached to or	2023
installed in any real property, regardless of whether it is so	2024
attached or installed; timeshare estates or licenses; and extended	2025
service contracts.	2026

(5) "Purchaser" means a person that is solicited to become or	2027
does become financially obligated as a result of a telephone	2028
solicitation.	2029

(6) "Salesperson" means an individual who is employed,	2030
appointed, or authorized by a telephone solicitor to make	2031
telephone solicitations but does not mean any of the following:	2032

(a) An individual who comes within one of the exemptions in	2033
division (B) of this section;	2034

(b) An individual employed, appointed, or authorized by a	2035
person who comes within one of the exemptions in division (B) of	2036
this section;	2037

(c) An individual under a written contract with a person who	2038
comes within one of the exemptions in division (B) of this	2039
section, if liability for all transactions with purchasers is	2040
assumed by the person so exempted.	2041

(7) "Telephone solicitation" means a communication to a	2042
person that meets both of the following criteria:	2043

(a) The communication is initiated by or on behalf of a	2044
telephone solicitor or by a salesperson.	2045

(b) The communication either represents a price or the	2046
quality or availability of goods or services or is used to induce	2047
the person to purchase goods or services, including, but not	2048
limited to, inducement through the offering of a gift, award, or	2049
prize.	2050

(8) "Telephone solicitor" means a person that engages in	2051
telephone solicitation directly or through one or more	2052
salespersons either from a location in this state, or from a	2053
location outside this state to persons in this state. "Telephone	2054
solicitor" includes, but is not limited to, any such person that	2055
is an owner, operator, officer, or director of, partner in, or	2056
other individual engaged in the management activities of, a	2057
business.	2058

(B) A telephone solicitor is exempt from the provisions of	2059
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	2060
Code if the telephone solicitor is any one of the following:	2061

(1) A person engaging in a telephone solicitation that is a	2062
one-time or infrequent transaction not done in the course of a	2063
pattern of repeated transactions of a like nature;	2064

(2) A person engaged in telephone solicitation solely for	2065
religious or political purposes; a charitable organization,	2066
fund-raising counsel, or professional solicitor in compliance with	2067
the registration and reporting requirements of Chapter 1716. of	2068
the Revised Code; or any person or other entity exempt under	2069
section 1716.03 of the Revised Code from filing a registration	2070
statement under section 1716.02 of the Revised Code;	2071

(3) A person, making a telephone solicitation involving a	2072
home solicitation sale as defined in section 1345.21 of the	2073
Revised Code, that makes the sales presentation and completes the	2074
sale at a later, face-to-face meeting between the seller and the	2075
purchaser rather than during the telephone solicitation. However,	2076
if the person, following the telephone solicitation, causes	2077
another person to collect the payment of any money, this exemption	2078
does not apply.	2079

(4) A licensed securities, commodities, or investment broker,	2080
dealer, investment advisor, or associated person when making a	2081
telephone solicitation within the scope of the person's license.	2082
As used in division (B)(4) of this section, "licensed securities,	2083
commodities, or investment broker, dealer, investment advisor, or	2084
associated person" means a person subject to licensure or	2085
registration as such by the securities and exchange commission;	2086
the National Association of Securities Dealers or other	2087
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	2088
the division of securities under Chapter 1707. of the Revised	2089
Code; or by an official or agency of any other state of the United	2090
States.	2091

(5)(a) A person primarily engaged in soliciting the sale of a	2092
newspaper of general circulation;	2093

(b) As used in division (B)(5)(a) of this section, "newspaper	2094
of general circulation" includes, but is not limited to, both of	2095
the following:	2096

(i) A newspaper that is a daily law journal designated as an	2097
official publisher of court calendars pursuant to section 2701.09	2098
of the Revised Code;	2099

(ii) A newspaper or publication that has at least twenty-five	2100
per cent editorial, non-advertising content, exclusive of inserts,	2101
measured relative to total publication space, and an audited	2102
circulation to at least fifty per cent of the households in the	2103
newspaper's retail trade zone as defined by the audit.	2104

(6)(a) An issuer, or its subsidiary, that has a class of	2105
securities to which all of the following apply:	2106

(i) The class of securities is subject to section 12 of the	2107
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	2108
registered or is exempt from registration under 15 U.S.C.A.	2109
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	2110

(ii) The class of securities is listed on the New York stock	2111
exchange, the American stock exchange, or the NASDAQ national	2112
market system;	2113

(iii) The class of securities is a reported security as	2114
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	2115

(b) An issuer, or its subsidiary, that formerly had a class	2116
of securities that met the criteria set forth in division	2117
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	2118
net worth in excess of one hundred million dollars, files or its	2119
parent files with the securities and exchange commission an S.E.C.	2120
form 10-K, and has continued in substantially the same business	2121
since it had a class of securities that met the criteria in	2122
division (B)(6)(a) of this section. As used in division (B)(6)(b)	2123
of this section, "issuer" and "subsidiary" include the successor	2124
to an issuer or subsidiary.	2125

(7) A person soliciting a transaction regulated by the	2126
commodity futures trading commission, if the person is registered	2127
or temporarily registered for that activity with the commission	2128
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	2129
registration has not expired or been suspended or revoked;	2130

(8) A person soliciting the sale of any book, record, audio	2131
tape, compact disc, or video, if the person allows the purchaser	2132
to review the merchandise for at least seven days and provides a	2133
full refund within thirty days to a purchaser who returns the	2134
merchandise or if the person solicits the sale on behalf of a	2135
membership club operating in compliance with regulations adopted	2136
by the federal trade commission in 16 C.F.R. 425;	2137

(9) A supervised financial institution or its subsidiary. As	2138
used in division (B)(9) of this section, "supervised financial	2139
institution" means a bank, trust company, savings and loan	2140
association, savings bank, credit union, industrial loan company,	2141
consumer finance lender, commercial finance lender, or institution	2142
described in section 2(c)(2)(F) of the "Bank Holding Company Act	2143
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	2144
official or agency of the United States, this state, or any other	2145
state of the United States; or a licensee or registrant under	2146
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	2147
1321.83 of the Revised Code.	2148

(10)(a) An insurance company, association, or other	2149
organization that is licensed or authorized to conduct business in	2150
this state by the superintendent of insurance pursuant to Title	2151
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	2152
when soliciting within the scope of its license or authorization.	2153

(b) A licensed insurance broker, agent, or solicitor when	2154
soliciting within the scope of the person's license. As used in	2155
division (B)(10)(b) of this section, "licensed insurance broker,	2156
agent, or solicitor" means any person licensed as an insurance	2157
broker, agent, or solicitor by the superintendent of insurance	2158
pursuant to Title XXXIX of the Revised Code.	2159

(11) A person soliciting the sale of services provided by a	2160
cable television system operating under authority of a	2161
governmental franchise or permit;	2162

(12) A person soliciting a business-to-business sale under	2163
which any of the following conditions are met:	2164

(a) The telephone solicitor has been operating continuously	2165
for at least three years under the same business name under which	2166
it solicits purchasers, and at least fifty-one per cent of its	2167
gross dollar volume of sales consists of repeat sales to existing	2168
customers to whom it has made sales under the same business name.	2169

(b) The purchaser business intends to resell the goods	2170
purchased.	2171

(c) The purchaser business intends to use the goods or	2172
services purchased in a recycling, reuse, manufacturing, or	2173
remanufacturing process.	2174

(d) The telephone solicitor is a publisher of a periodical or	2175
of magazines distributed as controlled circulation publications as	2176
defined in division (CC) of section 5739.01 of the Revised Code	2177
and is soliciting sales of advertising, subscriptions, reprints,	2178
lists, information databases, conference participation or	2179
sponsorships, trade shows or media products related to the	2180
periodical or magazine, or other publishing services provided by	2181
the controlled circulation publication.	2182

(13) A person that, not less often than once each year,	2183
publishes and delivers to potential purchasers a catalog that	2184
complies with both of the following:	2185

(a) It includes all of the following:

2186

(i) The business address of the seller;

2187

(ii) A written description or illustration of each good or	2188
service offered for sale;	2189

(iii) A clear and conspicuous disclosure of the sale price of	2190
each good or service; shipping, handling, and other charges; and	2191
return policy;.	2192

(b) One of the following applies:

2193

(i) The catalog includes at least twenty-four pages of	2194
written material and illustrations, is distributed in more than	2195
one state, and has an annual postage-paid mail circulation of not	2196
less than two hundred fifty thousand households;	2197

(ii) The catalog includes at least ten pages of written	2198
material or an equivalent amount of material in electronic form on	2199
the internet or an on-line computer service, the person does not	2200
solicit customers by telephone but solely receives telephone calls	2201
made in response to the catalog, and during the calls the person	2202
takes orders but does not engage in further solicitation of the	2203
purchaser. As used in division (B)(13)(b)(ii) of this section,	2204
"further solicitation" does not include providing the purchaser	2205
with information about, or attempting to sell, any other item in	2206
the catalog that prompted the purchaser's call or in a	2207
substantially similar catalog issued by the seller.	2208

(14) A political subdivision or instrumentality of the United	2209
States, this state, or any state of the United States;	2210

(15) A college or university or any other public or private	2211
institution of higher education in this state;	2212

(16) A public utility as defined in section 4905.02 of the	2213
Revised Code or a retail natural gas supplier as defined in	2214
section 4929.01 of the Revised Code, if the utility or supplier is	2215
subject to regulation by the public utilities commission, or the	2216
affiliate of the utility or supplier;	2217

(17) A person that solicits sales through a television	2218
program or advertisement that is presented in the same market area	2219
no fewer than twenty days per month or offers for sale no fewer	2220
than ten distinct items of goods or services; and offers to the	2221
purchaser an unconditional right to return any good or service	2222
purchased within a period of at least seven days and to receive a	2223
full refund within thirty days after the purchaser returns the	2224
good or cancels the service;	2225

(18)(a) A person that, for at least one year, has been	2226
operating a retail business under the same name as that used in	2227
connection with telephone solicitation and both of the following	2228
occur on a continuing basis:	2229

(i) The person either displays goods and offers them for	2230
retail sale at the person's business premises or offers services	2231
for sale and provides them at the person's business premises.	2232

(ii) At least fifty-one per cent of the person's gross dollar	2233
volume of retail sales involves purchases of goods or services at	2234
the person's business premises.	2235

(b) An affiliate of a person that meets the requirements in	2236
division (B)(18)(a) of this section if the affiliate meets all of	2237
the following requirements:	2238

(i) The affiliate has operated a retail business for a period	2239
of less than one year;	2240

(ii) The affiliate either displays goods and offers them for	2241
retail sale at the affiliate's business premises or offers	2242
services for sale and provides them at the affiliate's business	2243
premises;	2244

(iii) At least fifty-one per cent of the affiliate's gross	2245
dollar volume of retail sales involves purchases of goods or	2246
services at the affiliate's business premises.	2247

(c) A person that, for a period of less than one year, has	2248
been operating a retail business in this state under the same name	2249
as that used in connection with telephone solicitation, as long as	2250
all of the following requirements are met:	2251

(i) The person either displays goods and offers them for	2252
retail sale at the person's business premises or offers services	2253
for sale and provides them at the person's business premises;	2254

(ii) The goods or services that are the subject of telephone	2255
solicitation are sold at the person's business premises, and at	2256
least sixty-five per cent of the person's gross dollar volume of	2257
retail sales involves purchases of goods or services at the	2258
person's business premises;	2259

(iii) The person conducts all telephone solicitation	2260
activities according to sections 310.3, 310.4, and 310.5 of the	2261
telemarketing sales rule adopted by the federal trade commission	2262
in 16 C.F.R. part 310.	2263

(19) A person who performs telephone solicitation sales	2264
services on behalf of other persons and to whom one of the	2265
following applies:	2266

(a) The person has operated under the same ownership,	2267
control, and business name for at least five years, and the person	2268
receives at least seventy-five per cent of its gross revenues from	2269
written telephone solicitation contracts with persons who come	2270
within one of the exemptions in division (B) of this section.	2271

(b) The person is an affiliate of one or more exempt persons	2272
and makes telephone solicitations on behalf of only the exempt	2273
persons of which it is an affiliate.	2274

(c) The person makes telephone solicitations on behalf of	2275
only exempt persons, the person and each exempt person on whose	2276
behalf telephone solicitations are made have entered into a	2277
written contract that specifies the manner in which the telephone	2278
solicitations are to be conducted and that at a minimum requires	2279
compliance with the telemarketing sales rule adopted by the	2280
federal trade commission in 16 C.F.R. part 310, and the person	2281
conducts the telephone solicitations in the manner specified in	2282
the written contract.	2283

(d) The person performs telephone solicitation for religious	2284
or political purposes, a charitable organization, a fund-raising	2285
council, or a professional solicitor in compliance with the	2286
registration and reporting requirements of Chapter 1716. of the	2287
Revised Code; and meets all of the following requirements:	2288

(i) The person has operated under the same ownership,	2289
control, and business name for at least five years, and the person	2290
receives at least fifty-one per cent of its gross revenues from	2291
written telephone solicitation contracts with persons who come	2292
within the exemption in division (B)(2) of this section;	2293

(ii) The person does not conduct a prize promotion or offer	2294
the sale of an investment opportunity;	2295

(iii) The person conducts all telephone solicitation	2296
activities according to sections 310.3, 310.4, and 310.5 of the	2297
telemarketing sales rules adopted by the federal trade commission	2298
in 16 C.F.R. part 310.	2299

(20) A person that is a licensed real estate salesperson or	2300
broker under Chapter 4735. of the Revised Code when soliciting	2301
within the scope of the person's license;	2302

(21)(a) Either of the following:

2303

(i) A publisher that solicits the sale of the publisher's	2304
periodical or magazine of general, paid circulation, or a person	2305
that solicits a sale of that nature on behalf of a publisher under	2306
a written agreement directly between the publisher and the person.	2307

(ii) A publisher that solicits the sale of the publisher's	2308
periodical or magazine of general, paid circulation, or a person	2309
that solicits a sale of that nature as authorized by a publisher	2310
under a written agreement directly with a publisher's	2311
clearinghouse provided the person is a resident of Ohio for more	2312
than three years and initiates all telephone solicitations from	2313
Ohio and the person conducts the solicitation and sale in	2314
compliance with 16 C.F.R. part 310, as adopted by the federal	2315
trade commission.	2316

(b) As used in division (B)(21) of this section, "periodical	2317
or magazine of general, paid circulation" excludes a periodical or	2318
magazine circulated only as part of a membership package or given	2319
as a free gift or prize from the publisher or person.	2320

(22) A person that solicits the sale of food, as defined in	2321
section 3715.01 of the Revised Code, or the sale of products of	2322
horticulture, as defined in section 5739.01 of the Revised Code,	2323
if the person does not intend the solicitation to result in, or	2324
the solicitation actually does not result in, a sale that costs	2325
the purchaser an amount greater than five hundred dollars.	2326

(23) A funeral director licensed pursuant to Chapter 4717. of	2327
the Revised Code when soliciting within the scope of that license,	2328
if both of the following apply:	2329

(a) The solicitation and sale are conducted in compliance	2330
with 16 C.F.R. part 453, as adopted by the federal trade	2331
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	2332
the Revised Code;	2333

(b) The person provides to the purchaser of any preneed	2334
funeral contract a notice that clearly and conspicuously sets	2335
forth the cancellation rights specified in division (G) of section	2336
1107.33 of the Revised Code, and retains a copy of the notice	2337
signed by the purchaser.	2338

(24) A person, or affiliate thereof, licensed to sell or	2339
issue Ohio instruments designated as travelers checks pursuant to	2340
sections 1315.01 to 1315.18 of the Revised Code.	2341

(25) A person that solicits sales from its previous	2342
purchasers and meets all of the following requirements:	2343

(a) The solicitation is made under the same business name	2344
that was previously used to sell goods or services to the	2345
purchaser;	2346

(b) The person has, for a period of not less than three	2347
years, operated a business under the same business name as that	2348
used in connection with telephone solicitation;	2349

(c) The person does not conduct a prize promotion or offer	2350
the sale of an investment opportunity;	2351

(d) The person conducts all telephone solicitation activities	2352
according to sections 310.3, 310.4, and 310.5 of the telemarketing	2353
sales rules adopted by the federal trade commission in 16 C.F.R.	2354
part 310;	2355

(e) Neither the person nor any of its principals has been	2356
convicted of, pleaded guilty to, or has entered a plea of no	2357
contest for a felony or a theft offense as defined in sections	2358
2901.02 and 2913.01 of the Revised Code or similar law of another	2359
state or of the United States;	2360

(f) Neither the person nor any of its principals has had	2361
entered against them an injunction or a final judgment or order,	2362
including an agreed judgment or order, an assurance of voluntary	2363
compliance, or any similar instrument, in any civil or	2364
administrative action involving engaging in a pattern of corrupt	2365
practices, fraud, theft, embezzlement, fraudulent conversion, or	2366
misappropriation of property; the use of any untrue, deceptive, or	2367
misleading representation; or the use of any unfair, unlawful,	2368
deceptive, or unconscionable trade act or practice.	2369

(26) An institution defined as a home health agency in	2370
section 3701.881 of the Revised Code, that conducts all telephone	2371
solicitation activities according to sections 310.3, 310.4, and	2372
310.5 of the telemarketing sales rules adopted by the federal	2373
trade commission in 16 C.F.R. part 310, and engages in telephone	2374
solicitation only within the scope of the institution's	2375
certification, accreditation, contract with the department of	2376
aging, or status as a home health agency; and that meets one of	2377
the following requirements:	2378

(a) The institution is certified as a provider of home health	2379
services under Title XVIII of the Social Security Act, 49 Stat.	2380
620, 42 U.S.C. 301, as amended;	2381

(b) The institution is accredited by either the joint	2382
commission on accreditation of health care organizations or the	2383
community health accreditation program;	2384

(c) The institution is providing passport services under the	2385
direction of the Ohio department of aging under section 173.40 of	2386
the Revised Code;	2387

(d) An affiliate of an institution that meets the	2388
requirements of division (B)(26)(a), (b), or (c) of this section	2389
when offering for sale substantially the same goods and services	2390
as those that are offered by the institution that meets the	2391
requirements of division (B)(26)(a), (b), or (c) of this section.	2392

(27) A person licensed to provide a hospice care program by	2393
the department of health pursuant to section 3712.04 or 3712.041	2394
of the Revised Code to provide a hospice care program or pediatric	2395
respite care program when conducting telephone solicitations	2396
within the scope of the person's license and according to sections	2397
310.3, 310.4, and 310.5 of the telemarketing sales rules adopted	2398
by the federal trade commission in 16 C.F.R. part 310.	2399

Sec. 4752.02. (A) Except as provided in division (B) of this	2400
section, no person shall provide home medical equipment services	2401
or claim to the public to be a home medical equipment services	2402
provider unless either of the following is the case:	2403

(1) The person holds a valid license issued under this	2404
chapter;	2405

(2) The person holds a valid certificate of registration	2406
issued under this chapter.	2407

(B) Division (A) of this section does not apply to any of the	2408
following:	2409

(1) A health care practitioner, as defined in section 4769.01	2410
of the Revised Code, who does not sell or rent home medical	2411
equipment;	2412

(2) A hospital that provides home medical equipment services	2413
only as an integral part of patient care and does not provide the	2414
services through a separate entity that has its own medicare or	2415
medicaid provider number;	2416

(3) A manufacturer or wholesale distributor of home medical	2417
equipment that does not sell directly to the public;	2418

(4) A hospice care program or pediatric respite care program,	2419
as defined by section 3712.01 of the Revised Code, that does not	2420
sell or rent home medical equipment;	2421

(5) A home, as defined by section 3721.01 of the Revised	2422
Code;	2423

(6) A home health agency that is certified under Title XVIII	2424
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395,	2425
as a provider of home health services and does not sell or rent	2426
home medical equipment;	2427

(7) An individual who holds a current, valid license issued	2428
under Chapter 4741. of the Revised Code to practice veterinary	2429
medicine;	2430

(8) An individual who holds a current, valid license issued	2431
under Chapter 4779. of the Revised Code to practice orthotics,	2432
prosthetics, or pedorthics;	2433

(9) A pharmacy licensed under Chapter 4729. of the Revised	2434
Code that either does not sell or rent home medical equipment or	2435
receives total payments of less than ten thousand dollars per year	2436
from selling or renting home medical equipment;	2437

(10) A home dialysis equipment provider regulated by federal	2438
law.	2439

Sec. 5119.70.  (A) As used in sections 5119.70 to 5119.88 of	2440
the Revised Code:	2441

(1) "Owner" means the person who owns the business of and who	2442
ultimately controls the operation of an adult care facility and to	2443
whom the manager, if different from the owner, is responsible.	2444

(2) "Manager" means the person responsible for the daily	2445
operation of an adult care facility. The manager and the owner of	2446
a facility may be the same person.	2447

(3) "Adult" means an individual eighteen years of age or	2448
older.	2449

(4) "Unrelated" means that an adult resident is not related	2450
to the owner or manager of an adult care facility or to the	2451
owner's or manager's spouse as a parent, grandparent, child,	2452
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	2453
uncle, or as the child of an aunt or uncle.	2454

(5) "Skilled nursing care" means skilled nursing care as	2455
defined in section 3721.01 of the Revised Code.	2456

(6)(a) "Personal care services" means services including, but	2457
not limited to, the following:	2458

(i) Assistance with activities of daily living;

2459

(ii) Assistance with self-administration of medication, in	2460
accordance with rules adopted under section 5119.79 of the Revised	2461
Code;	2462

(iii) Preparation of special diets, other than complex	2463
therapeutic diets, for residents pursuant to the instructions of a	2464
physician or a licensed dietitian, in accordance with rules	2465
adopted under section 5119.79 of the Revised Code.	2466

(b) "Personal care services" does not include "skilled	2467
nursing care" as defined in section 3721.01 of the Revised Code. A	2468
facility need not provide more than one of the services listed in	2469
division (A)(6)(a) of this section for the facility to be	2470
considered to be providing personal care services.	2471

(7) "Adult family home" means a residence or facility that	2472
provides accommodations and supervision to three to five unrelated	2473
adults, at least three of whom require personal care services.	2474

(8) "Adult group home" means a residence or facility that	2475
provides accommodations and supervision to six to sixteen	2476
unrelated adults, at least three of whom require personal care	2477
services.	2478

(9) "Adult care facility" means an adult family home or an	2479
adult group home. For the purposes of sections 5119.70 to 5119.88	2480
of the Revised Code, any residence, facility, institution, hotel,	2481
congregate housing project, or similar facility that provides	2482
accommodations and supervision to three to sixteen unrelated	2483
adults, at least three of whom require personal care services, is	2484
an adult care facility regardless of how the facility holds itself	2485
out to the public. "Adult care facility" does not include:	2486

(a) A facility operated by a hospice care program licensed	2487
under section 3712.04 of the Revised Code that is used exclusively	2488
for care of hospice patients;	2489

(b) A facility operated by a pediatric respite care program	2490
licensed under section 3712.041 of the Revised Code that is used	2491
exclusively for care of pediatric respite care patients;	2492

(c) A nursing home, residential care facility, or home for	2493
the aging as defined in section 3721.01 of the Revised Code;	2494

(c)(d) An alcohol and drug addiction program as defined in	2495
section 3793.01 of the Revised Code;	2496

(d)(e) A residential facility for the mentally ill licensed	2497
by the department of mental health under section 5119.22 of the	2498
Revised Code;	2499

(e)(f) A facility licensed to provide methadone treatment	2500
under section 3793.11 of the Revised Code;	2501

(f)(g) A residential facility licensed under section 5123.19	2502
of the Revised Code or otherwise regulated by the department of	2503
developmental disabilities;	2504

(g)(h) Any residence, institution, hotel, congregate housing	2505
project, or similar facility that provides personal care services	2506
to fewer than three residents or that provides, for any number of	2507
residents, only housing, housekeeping, laundry, meal preparation,	2508
social or recreational activities, maintenance, security,	2509
transportation, and similar services that are not personal care	2510
services or skilled nursing care;	2511

(h)(i) Any facility that receives funding for operating costs	2512
from the department of development under any program established	2513
to provide emergency shelter housing or transitional housing for	2514
the homeless;	2515

(i)(j) A terminal care facility for the homeless that has	2516
entered into an agreement with a hospice care program under	2517
section 3712.07 of the Revised Code;	2518

(j)(k) A facility approved by the veterans administration	2519
under section 104(a) of the "Veterans Health Care Amendments of	2520
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	2521
exclusively for the placement and care of veterans.	2522

(10) "Sponsor" means an adult relative, friend, or guardian	2523
of a resident of an adult care facility who has an interest in or	2524
responsibility for the resident's welfare.	2525

(11) "Ombudsperson" means a "representative of the office of	2526
the state long-term care ombudsperson program" as defined in	2527
section 173.14 of the Revised Code.	2528

(12) "Mental health agency" means a community mental health	2529
agency, as defined in division (H) of section 5122.01 of the	2530
Revised Code, under contract with an ADAMHS board pursuant to	2531
division (A)(8)(a) of section 340.03 of the Revised Code.	2532

(13) "ADAMHS board" means a board of alcohol, drug addiction,	2533
and mental health services;.	2534

(14) "Mental health resident program participation agreement"	2535
means a written agreement between an adult care facility and the	2536
ADAMHS board serving the alcohol, drug addiction, and mental	2537
health service district in which the facility is located, under	2538
which the facility is authorized to admit residents who are	2539
receiving or are eligible for publicly funded mental health	2540
services.	2541

(15) "RSS administrative agency" means an entity that	2542
provides administrative services regarding the residential state	2543
supplement program on behalf of the department of mental health,	2544
either by having entered into a contract with the department to	2545
serve in that capacity or by having the department otherwise	2546
delegate to it the responsibility to serve in that capacity.	2547

(B) For purposes of sections 5119.70 to 5119.88 of the	2548
Revised Code, personal care services or skilled nursing care shall	2549
be considered to be provided by a facility if they are provided by	2550
a person employed by or associated with the facility or by another	2551
person pursuant to an agreement to which neither the resident who	2552
receives the services nor the resident's sponsor is a party.	2553

(C) Nothing in division (A)(6) of this section shall be	2554
construed to permit personal care services to be imposed upon a	2555
resident who is capable of performing the activity in question	2556
without assistance.	2557

Sec. 5119.71.  A person seeking a license to operate an adult	2558
care facility shall submit to the director of mental health an	2559
application on a form prescribed by the director and the	2560
following:	2561

(A) In the case of an adult group home seeking licensure as	2562
an adult care facility, evidence that the home has been inspected	2563
and approved by a local certified building department or by the	2564
division of labor in the department of commerce as meeting the	2565
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	2566
of the Revised Code and any rules adopted under those sections and	2567
evidence that the home has been inspected by the state fire	2568
marshal or fire prevention officer of a municipal, township, or	2569
other legally constituted fire department approved by the state	2570
fire marshal and found to be in compliance with rules adopted	2571
under section 3737.83 of the Revised Code regarding fire	2572
prevention and safety in adult group homes;	2573

(B) Valid approvals of the facility's water and sewage	2574
systems issued by the responsible governmental entity, if	2575
applicable;	2576

(C) A statement of ownership containing the following	2577
information:	2578

(1) If the owner is an individual, the owner's name, address,	2579
telephone number, business address, business telephone number, and	2580
occupation. If the owner is an association, corporation, or	2581
partnership, the business activity, address, and telephone number	2582
of the entity and the name of every person who has an ownership	2583
interest of five per cent or more in the entity.	2584

(2) If the owner does not own the building or if the owner	2585
owns only part of the building in which the facility is housed,	2586
the name of each person who has an ownership interest of five per	2587
cent or more in the building;	2588

(3) The address of any adult care facility and any facility	2589
described in divisions (A)(9)(a) to (j)(k) of section 5119.70 of	2590
the Revised Code in which the owner has an ownership interest of	2591
five per cent or more;	2592

(4) The identity of the manager of the adult care facility,	2593
if different from the owner;	2594

(5) The name and address of any adult care facility and any	2595
facility described in divisions (A)(9)(a) to (j)(k) of section	2596
5119.70 of the Revised Code with which either the owner or manager	2597
has been affiliated through ownership or employment in the five	2598
years prior to the date of the application;	2599

(6) The names and addresses of three persons not employed by	2600
or associated in business with the owner who will provide	2601
information about the character, reputation, and competence of the	2602
owner and the manager and the financial responsibility of the	2603
owner;	2604

(7) Information about any arrest of the owner or manager for,	2605
or adjudication or conviction of, a criminal offense related to	2606
the provision of care in an adult care facility or any facility	2607
described in divisions (A)(9)(a) to (j)(k) of section 5119.70 of	2608
the Revised Code or the ability to operate a facility;	2609

(8) Any other information the director may require regarding	2610
the owner's ability to operate the facility.	2611

(D) If the facility is an adult group home, a balance sheet	2612
showing the assets and liabilities of the owner and a statement	2613
projecting revenues and expenses for the first twelve months of	2614
the facility's operation;	2615

(E) A statement containing the following information	2616
regarding admissions to the facility:	2617

(1) The intended bed capacity of the facility;

2618

(2) If the facility will admit persons referred by or	2619
receiving services from an ADAMHS board or a mental health agency,	2620
the total number of beds anticipated to be occupied as a result of	2621
those admissions.	2622

(F) A nonrefundable license application fee in an amount	2623
established in rules adopted under section 5119.79 of the Revised	2624
Code.	2625

Section 2.  That existing sections 109.57, 1337.11, 2133.01,	2626
2317.54, 3701.881, 3712.01, 3712.03, 3712.09, 3721.01, 3795.01,	2627
3963.01, 4719.01, 4752.02, 5119.70, and 5119.71 of the Revised	2628
Code are hereby repealed.	2629