Bill Text: OH HB49 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To revise the laws governing the provision of adult protective services.

Sponsorship: Slight Partisan Bill (Republican 30-10)

Status: (Engrossed - Dead) 2014-02-13 - To Civil Justice [HB49 Detail]

Download: Ohio-2013-HB49-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 49

Representatives Dovilla, Retherford 

Cosponsors: Representatives Derickson, Thompson, Reece, Boyce, Stebelton, Pillich, Anielski, Ashford, Sprague, Antonio, Adams, R., Amstutz, Baker, Barnes, Beck, Bishoff, Blair, Brown, Buchy, Budish, Burkley, Conditt, Duffey, Green, Grossman, Hackett, Hall, Hayes, Johnson, McClain, Ruhl, Schuring, Sears, Smith, Terhar, Wachtmann, Williams, Young 

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A BILL

To amend sections 173.501, 173.521, 173.542, 2317.54,

1

4715.36, 5101.60, 5101.61, 5101.611, 5101.62 to

2

5101.64, 5101.66 to 5101.71, 5101.99, 5123.61, and

3

5126.31; to amend, for the purpose of adopting new

4

section numbers as indicated in parentheses,

5

sections 5101.61 (5101.63), 5101.611 (5101.64),

6

5101.62 (5101.65), 5101.63 (5101.651), 5101.64

7

(5101.66), 5101.65 (5101.68), 5101.66 (5101.681),

8

5101.67 (5101.682), 5101.68 (5101.69), 5101.69

9

(5101.70), 5101.70 (5101.71), 5101.71 (5101.61),

10

and 5101.72 (5101.611); and to enact new section

11

5101.62 and sections 5101.631, 5101.632, 5101.701,

12

5101.702, 5101.74, and 5101.741 of the Revised

13

Code to revise the laws governing the provision of

14

adult protective services.

15

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

Section 1. That sections 173.501, 173.521, 173.542, 2317.54,	16
4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64,	17
5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.99,	18
5123.61, and 5126.31 be amended; sections 5101.61 (5101.63),	19
5101.611 (5101.64), 5101.62 (5101.65), 5101.63 (5101.651), 5101.64	20
(5101.66), 5101.65 (5101.68), 5101.66 (5101.681), 5101.67	21
(5101.682), 5101.68 (5101.69), 5101.69 (5101.70), 5101.70	22
(5101.71), 5101.71 (5101.61), and 5101.72 (5101.611) be amended	23
for the purpose of adopting new section numbers as indicated in	24
parentheses; and new section 5101.62 and sections 5101.631,	25
5101.632, 5101.701, 5101.702, 5101.74, and 5101.741 of the Revised	26
Code be enacted to read as follows:	27

Sec. 173.501.  (A) As used in this section:

28

"Nursing facility" has the same meaning as in section 5165.01	29
of the Revised Code.	30

"PACE provider" has the same meaning as in the "Social	31
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	32

(B) The department of aging shall establish a home first	33
component of the PACE program under which eligible individuals may	34
be enrolled in the PACE program in accordance with this section.	35
An individual is eligible for the PACE program's home first	36
component if both of the following apply:	37

(1) The individual has been determined to be eligible for the	38
PACE program.	39

(2) At least one of the following applies:

40

(a) The individual has been admitted to a nursing facility.

41

(b) A physician has determined and documented in writing that	42
the individual has a medical condition that, unless the individual	43
is enrolled in home and community-based services such as the PACE	44
program, will require the individual to be admitted to a nursing	45
facility within thirty days of the physician's determination.	46

(c) The individual has been hospitalized and a physician has	47
determined and documented in writing that, unless the individual	48
is enrolled in home and community-based services such as the PACE	49
program, the individual is to be transported directly from the	50
hospital to a nursing facility and admitted.	51

(d) Both of the following apply:

52

(i) The individual is the subject of a report made under	53
section 5101.615101.63 of the Revised Code regarding abuse,	54
neglect, or exploitation or such a report referred to a county	55
department of job and family services under section 5126.31 of the	56
Revised Code or has made a request to a county department for	57
protective services as defined in section 5101.60 of the Revised	58
Code.	59

(ii) A county department of job and family services and an	60
area agency on aging have jointly documented in writing that,	61
unless the individual is enrolled in home and community-based	62
services such as the PACE program, the individual should be	63
admitted to a nursing facility.	64

(C) Each month, the department of aging shall identify	65
individuals who are eligible for the home first component of the	66
PACE program. When the department identifies such an individual,	67
the department shall notify the PACE provider serving the area in	68
which the individual resides. The PACE provider shall determine	69
whether the PACE program is appropriate for the individual and	70
whether the individual would rather participate in the PACE	71
program than continue or begin to reside in a nursing facility. If	72
the PACE provider determines that the PACE program is appropriate	73
for the individual and the individual would rather participate in	74
the PACE program than continue or begin to reside in a nursing	75
facility, the PACE provider shall so notify the department of	76
aging. On receipt of the notice from the PACE provider, the	77
department of aging shall approve the individual's enrollment in	78
the PACE program in accordance with priorities established in	79
rules adopted under section 173.50 of the Revised Code.	80

Sec. 173.521.  (A) Unless the medicaid-funded component of	81
the PASSPORT program is terminated pursuant to division (C) of	82
section 173.52 of the Revised Code, the department shall establish	83
a home first component of the PASSPORT program under which	84
eligible individuals may be enrolled in the medicaid-funded	85
component of the PASSPORT program in accordance with this section.	86
An individual is eligible for the PASSPORT program's home first	87
component if both of the following apply:	88

(1) The individual has been determined to be eligible for the	89
medicaid-funded component of the PASSPORT program.	90

(2) At least one of the following applies:

91

(a) The individual has been admitted to a nursing facility.

92

(b) A physician has determined and documented in writing that	93
the individual has a medical condition that, unless the individual	94
is enrolled in home and community-based services such as the	95
PASSPORT program, will require the individual to be admitted to a	96
nursing facility within thirty days of the physician's	97
determination.	98

(c) The individual has been hospitalized and a physician has	99
determined and documented in writing that, unless the individual	100
is enrolled in home and community-based services such as the	101
PASSPORT program, the individual is to be transported directly	102
from the hospital to a nursing facility and admitted.	103

(d) Both of the following apply:

104

(i) The individual is the subject of a report made under	105
section 5101.615101.63 of the Revised Code regarding abuse,	106
neglect, or exploitation or such a report referred to a county	107
department of job and family services under section 5126.31 of the	108
Revised Code or has made a request to a county department for	109
protective services as defined in section 5101.60 of the Revised	110
Code.	111

(ii) A county department of job and family services and an	112
area agency on aging have jointly documented in writing that,	113
unless the individual is enrolled in home and community-based	114
services such as the PASSPORT program, the individual should be	115
admitted to a nursing facility.	116

(B) Each month, each area agency on aging shall identify	117
individuals residing in the area that the agency serves who are	118
eligible for the home first component of the PASSPORT program.	119
When an area agency on aging identifies such an individual, the	120
agency shall notify the long-term care consultation program	121
administrator serving the area in which the individual resides.	122
The administrator shall determine whether the PASSPORT program is	123
appropriate for the individual and whether the individual would	124
rather participate in the PASSPORT program than continue or begin	125
to reside in a nursing facility. If the administrator determines	126
that the PASSPORT program is appropriate for the individual and	127
the individual would rather participate in the PASSPORT program	128
than continue or begin to reside in a nursing facility, the	129
administrator shall so notify the department of aging. On receipt	130
of the notice from the administrator, the department shall approve	131
the individual's enrollment in the medicaid-funded component of	132
the PASSPORT program regardless of the unified waiting list	133
established under section 173.55 of the Revised Code, unless the	134
enrollment would cause the component to exceed any limit on the	135
number of individuals who may be enrolled in the component as set	136
by the United States secretary of health and human services in the	137
PASSPORT waiver.	138

Sec. 173.542.  (A) Unless the medicaid-funded component of	139
the assisted living program is terminated pursuant to division (C)	140
of section 173.54 of the Revised Code, the department of aging	141
shall establish a home first component of the assisted living	142
program under which eligible individuals may be enrolled in the	143
medicaid-funded component of the assisted living program in	144
accordance with this section. An individual is eligible for the	145
assisted living program's home first component if both of the	146
following apply:	147

(1) The individual has been determined to be eligible for the	148
medicaid-funded component of the assisted living program.	149

(2) At least one of the following applies:

150

(a) The individual has been admitted to a nursing facility.

151

(b) A physician has determined and documented in writing that	152
the individual has a medical condition that, unless the individual	153
is enrolled in home and community-based services such as the	154
assisted living program, will require the individual to be	155
admitted to a nursing facility within thirty days of the	156
physician's determination.	157

(c) The individual has been hospitalized and a physician has	158
determined and documented in writing that, unless the individual	159
is enrolled in home and community-based services such as the	160
assisted living program, the individual is to be transported	161
directly from the hospital to a nursing facility and admitted.	162

(d) Both of the following apply:

163

(i) The individual is the subject of a report made under	164
section 5101.615101.63 of the Revised Code regarding abuse,	165
neglect, or exploitation or such a report referred to a county	166
department of job and family services under section 5126.31 of the	167
Revised Code or has made a request to a county department for	168
protective services as defined in section 5101.60 of the Revised	169
Code.	170

(ii) A county department of job and family services and an	171
area agency on aging have jointly documented in writing that,	172
unless the individual is enrolled in home and community-based	173
services such as the assisted living program, the individual	174
should be admitted to a nursing facility.	175

(B) Each month, each area agency on aging shall identify	176
individuals residing in the area that the area agency on aging	177
serves who are eligible for the home first component of the	178
assisted living program. When an area agency on aging identifies	179
such an individual and determines that there is a vacancy in a	180
residential care facility participating in the medicaid-funded	181
component of the assisted living program that is acceptable to the	182
individual, the agency shall notify the long-term care	183
consultation program administrator serving the area in which the	184
individual resides. The administrator shall determine whether the	185
assisted living program is appropriate for the individual and	186
whether the individual would rather participate in the assisted	187
living program than continue or begin to reside in a nursing	188
facility. If the administrator determines that the assisted living	189
program is appropriate for the individual and the individual would	190
rather participate in the assisted living program than continue or	191
begin to reside in a nursing facility, the administrator shall so	192
notify the department of aging. On receipt of the notice from the	193
administrator, the department shall approve the individual's	194
enrollment in the medicaid-funded component of the assisted living	195
program regardless of the unified waiting list established under	196
section 173.55 of the Revised Code, unless the enrollment would	197
cause the component to exceed any limit on the number of	198
individuals who may participate in the component as set by the	199
United States secretary of health and human services in the	200
assisted living waiver.	201

Sec. 2317.54.  No hospital, home health agency, ambulatory	202
surgical facility, or provider of a hospice care program or	203
pediatric respite care program shall be held liable for a	204
physician's failure to obtain an informed consent from the	205
physician's patient prior to a surgical or medical procedure or	206
course of procedures, unless the physician is an employee of the	207
hospital, home health agency, ambulatory surgical facility, or	208
provider of a hospice care program or pediatric respite care	209
program.	210

Written consent to a surgical or medical procedure or course	211
of procedures shall, to the extent that it fulfills all the	212
requirements in divisions (A), (B), and (C) of this section, be	213
presumed to be valid and effective, in the absence of proof by a	214
preponderance of the evidence that the person who sought such	215
consent was not acting in good faith, or that the execution of the	216
consent was induced by fraudulent misrepresentation of material	217
facts, or that the person executing the consent was not able to	218
communicate effectively in spoken and written English or any other	219
language in which the consent is written. Except as herein	220
provided, no evidence shall be admissible to impeach, modify, or	221
limit the authorization for performance of the procedure or	222
procedures set forth in such written consent.	223

(A) The consent sets forth in general terms the nature and	224
purpose of the procedure or procedures, and what the procedures	225
are expected to accomplish, together with the reasonably known	226
risks, and, except in emergency situations, sets forth the names	227
of the physicians who shall perform the intended surgical	228
procedures.	229

(B) The person making the consent acknowledges that such	230
disclosure of information has been made and that all questions	231
asked about the procedure or procedures have been answered in a	232
satisfactory manner.	233

(C) The consent is signed by the patient for whom the	234
procedure is to be performed, or, if the patient for any reason	235
including, but not limited to, competence, minority, or the fact	236
that, at the latest time that the consent is needed, the patient	237
is under the influence of alcohol, hallucinogens, or drugs, lacks	238
legal capacity to consent, by a person who has legal authority to	239
consent on behalf of such patient in such circumstances, including	240
either of the following:	241

(1) The parent, whether the parent is an adult or a minor, of	242
the parent's minor child;	243

(2) An adult whom the parent of the minor child has given	244
written authorization to consent to a surgical or medical	245
procedure or course of procedures for the parent's minor child.	246

Any use of a consent form that fulfills the requirements	247
stated in divisions (A), (B), and (C) of this section has no	248
effect on the common law rights and liabilities, including the	249
right of a physician to obtain the oral or implied consent of a	250
patient to a medical procedure, that may exist as between	251
physicians and patients on July 28, 1975.	252

As used in this section the term "hospital" has the same	253
meaning as in section 2305.113 of the Revised Code; "home health	254
agency" has the same meaning as in section 5101.613701.881 of the	255
Revised Code; "ambulatory surgical facility" has the meaning as in	256
division (A) of section 3702.30 of the Revised Code; and "hospice	257
care program" and "pediatric respite care program" have the same	258
meanings as in section 3712.01 of the Revised Code. The provisions	259
of this division apply to hospitals, doctors of medicine, doctors	260
of osteopathic medicine, and doctors of podiatric medicine.	261

Sec. 4715.36. As used in this section and sections 4715.361	262
to 4715.374 of the Revised Code:	263

(A) "Accredited dental hygiene school" means a dental hygiene	264
school accredited by the American dental association commission on	265
dental accreditation or a dental hygiene school whose educational	266
standards are recognized by the American dental association	267
commission on dental accreditation and approved by the state	268
dental board.	269

(B) "Authorizing dentist" means a dentist who authorizes a	270
dental hygienist to perform dental hygiene services under section	271
4715.365 of the Revised Code.	272

(C) "Clinical evaluation" means a diagnosis and treatment	273
plan formulated for an individual patient by a dentist.	274

(D) "Dentist" means an individual licensed under this chapter	275
to practice dentistry.	276

(E) "Dental hygienist" means an individual licensed under	277
this chapter to practice as a dental hygienist.	278

(F) "Dental hygiene services" means the prophylactic,	279
preventive, and other procedures that dentists are authorized by	280
this chapter and rules of the state dental board to assign to	281
dental hygienists, except for procedures while a patient is	282
anesthetized, definitive root planing, definitive subgingival	283
curettage, the administration of local anesthesia, and the	284
procedures specified in rules adopted by the board as described in	285
division (C)(4) of section 4715.22 of the Revised Code.	286

(G) "Facility" means any of the following:

287

(1) A health care facility, as defined in section 4715.22 of	288
the Revised Code;	289

(2) A state correctional institution, as defined in section	290
2967.01 of the Revised Code;	291

(3) A comprehensive child development program that receives	292
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	293
42 U.S.C. 9831, as amended, and is licensed as a child day-care	294
center;	295

(4) A residential facility licensed under section 5123.19 of	296
the Revised Code;	297

(5) A public school, as defined in section 3701.93 of the	298
Revised Code, located in an area designated as a dental health	299
resource shortage area pursuant to section 3702.87 of the Revised	300
Code;	301

(6) A nonpublic school, as defined in section 3701.93 of the	302
Revised Code, located in an area designated as a dental health	303
resource shortage area pursuant to section 3702.87 of the Revised	304
Code;	305

(7) A federally qualified health center or federally	306
qualified health center look-alike, as defined in section 3701.047	307
of the Revised Code;	308

(8) A shelter for victims of domestic violence, as defined in	309
section 3113.33 of the Revised Code;	310

(9) A facility operated by the department of youth services	311
under Chapter 5139. of the Revised Code;	312

(10) A foster home, as defined in section 5103.02 of the	313
Revised Code;	314

(11) A nonprofit clinic, as defined in section 3715.87 of the	315
Revised Code;	316

(12) The residence of one or more individuals receiving	317
services provided by a home health agency, as defined in section	318
5101.613701.881 of the Revised Code;	319

(13) A dispensary;

320

(14) A health care facility, such as a clinic or hospital, of	321
the United States department of veterans affairs;	322

(15) The residence of one or more individuals enrolled in a	323
home and community-based services medicaid waiver component, as	324
defined in section 5166.01 of the Revised Code;	325

(16) A facility operated by the board of health of a city or	326
general health district or the authority having the duties of a	327
board of health under section 3709.05 of the Revised Code;	328

(17) A women, infants, and children clinic;

329

(18) A mobile dental unit located at any location listed in	330
divisions (G)(1) to (17) of this section;	331

(19) Any other location, as specified by the state dental	332
board in rules adopted under section 4715.372 of the Revised Code,	333
that is in an area designated as a dental health resource shortage	334
area pursuant to section 3702.87 of the Revised Code and provides	335
health care services to individuals who are medicaid recipients	336
and to indigent and uninsured persons, as defined in section	337
2305.234 of the Revised Code.	338

Sec. 5101.60.  As used in sections 5101.60 to 5101.71 of the	339
Revised Code:	340

(A) "Abandonment" means desertion of an adult by a caretaker	341
without having made provision for transfer of the adult's care.	342

(B) "Abuse" means the infliction upon an adult by self or	343
others of injury, unreasonable confinement, intimidation, or cruel	344
punishment with resulting physical harm, pain, or mental anguish.	345

(B)(C) "Adult" means any person sixty years of age or older	346
within this state who is handicapped by the infirmities of aging	347
or who has a physical or mental impairment which prevents the	348
person from providing for the person's own care or protection, and	349
who resides in an independent living arrangement. An "independent	350
living arrangement" is a domicile of a person's own choosing,	351
including, but not limited to, a private home, apartment, trailer,	352
or rooming house. An "independent living arrangement" includes a	353
residential facility licensed under section 5119.34 of the Revised	354
Code that provides accommodations, supervision, and personal care	355
services for three to sixteen unrelated adults, but does not	356
include other institutions or facilities licensed by the state or	357
facilities in which a person resides as a result of voluntary,	358
civil, or criminal commitment.	359

(C)(D) "Area agency on aging" means a public or private	360
nonprofit entity designated under section 173.011 of the Revised	361
Code to administer programs on behalf of the department of aging.	362

(E) "Caretaker" means the person assuming the primary	363
responsibility for the care of an adult onby any of the following	364
means:	365

(1) On a voluntary basis, by;

366

(2) By contract, through;

367

(3) Through receipt of payment for care, as;

368

(4) As a result of a family relationship, or by;

369

(5) By order of a court of competent jurisdiction.

370

(D)(F) "Community mental health agency" means any agency,	371
program, or facility with which a board of alcohol, drug	372
addiction, and mental health services contracts to provide the	373
mental health services listed in section 340.09 of the Revised	374
Code.	375

(G) "Court" means the probate court in the county where an	376
adult resides.	377

(E)(H) "Emergency" means that the adult is living in	378
conditions which present a substantial risk of immediate and	379
irreparable physical harm or death to self or any other person.	380

(F)(I) "Emergency services" means protective services	381
furnished to an adult in an emergency.	382

(G)(J) "Exploitation" means the unlawful or improper act of a	383
caretakerperson that has a relationship with an adult using, in	384
one or more transactions, an adult or an adult's resources for	385
monetary or personal benefit, profit, or gain.	386

(H)(K) "Financial harm" means impairing an adult's financial	387
assets by unlawfully obtaining or exerting control over the	388
adult's real or personal property in any of the following ways:	389

(1) Without the adult's consent or the person authorized to	390
give consent on the adult's behalf;	391

(2) Beyond the scope of the express or implied consent of the	392
adult or the person authorized to give consent on the adult's	393
behalf;	394

(3) By deception;

395

(4) By threat;

396

(5) By intimidation.

397

(L) "In need of protective services" means an adult known or	398
suspected to be suffering from abuse, neglect, or exploitation to	399
an extent that either life is endangered or physical harm, mental	400
anguish, or mental illness results or is likely to result.	401

(I)(M) "Incapacitated person" means a person who is impaired	402
for any reason to the extent that the person lacks sufficient	403
understanding or capacity to make and carry out reasonable	404
decisions concerning the person's self or resources, with or	405
without the assistance of a caretaker. Refusal to consent to the	406
provision of services shall not be the sole determinative that the	407
person is incapacitated. "Reasonable decisions" are decisions made	408
in daily living which facilitate the provision of food, shelter,	409
clothing, and health care necessary for life support.	410

(J)(N) "Independent living arrangement" means a domicile of a	411
person's own choosing, including, but not limited to, a private	412
home, apartment, trailer, or rooming house. "Independent living	413
arrangement" includes a residential facility licensed under	414
section 5119.22 of the Revised Code that provides accommodations,	415
supervision, and personal care services for three to sixteen	416
unrelated adults, but does not include any other institution or	417
facility licensed by the state or a facility in which a person	418
resides as a result of voluntary, civil, or criminal commitment.	419

(O) "Mental illness" means a substantial disorder of thought,	420
mood, perception, orientation, or memory that grossly impairs	421
judgment, behavior, capacity to recognize reality, or ability to	422
meet the ordinary demands of life.	423

(K)(P) "Neglect" means any of the failurefollowing:

424

(1) Failure of an adult to provide for self the goods or	425
services necessary to avoid physical harm, mental anguish, or	426
mental illness or the failure;	427

(2) Failure of a caretaker to provide such goods or services;

428

(3) Abandonment.

429

(L)(Q) "Outpatient health facility" means a facility where	430
medical care and preventive, diagnostic, therapeutic,	431
rehabilitative, or palliative items or services are provided to	432
outpatients by or under the direction of a physician or dentist.	433

(R) "Peace officer" means a peace officer as defined in	434
section 2935.01 of the Revised Code.	435

(M)(S) "Physical harm" means bodily pain, injury, impairment,	436
or disease suffered by an adult.	437

(N)(T) "Protective services" means services provided by the	438
county department of job and family services or its designated	439
agency to an adult who has been determined by evaluation to	440
require such services for the prevention, correction, or	441
discontinuance of an act of as well as conditions resulting from	442
abuse, neglect, or exploitation. Protective services may include,	443
but are not limited to, case work services, medical care, mental	444
health services, legal services, fiscal management, home health	445
care, homemaker services, housing-related services, guardianship	446
services, and placement services as well as the provision of such	447
commodities as food, clothing, and shelter.	448

(O)(U) "Reasonable decisions" means decisions made in daily	449
living that facilitate the provision of food, shelter, clothing,	450
and health care necessary for life support.	451

(V) "Senior service provider" means a person who provides	452
care or specialized services to an adult, except that it does not	453
include the state long-term care ombudsperson or a regional	454
long-term care ombudsperson.	455

(W) "Working day" means Monday, Tuesday, Wednesday, Thursday,	456
and Friday, except when such day is a holiday as defined in	457
section 1.14 of the Revised Code.	458

Sec. 5101.71.        Sec. 5101.61.  (A) The county departments of job and	459
family services shall implement sections 5101.60 to 5101.71 of the	460
Revised Code. The department of job and family services may	461
provide a program of ongoing, comprehensive, formal training to	462
county departments and other agencies authorized to implement	463
sections 5101.60 to 5101.71 of the Revised Code. Training shall	464
not be limited to the procedures for implementing section 5101.62	465
of the Revised Code.	466

(B) The director of job and family services may adopt rules	467
in accordance with section 111.15 of the Revised Code governing	468
the county departments' implementation of sections 5101.60 to	469
5101.71 of the Revised Code. The rules adopted pursuant to this	470
division may include a requirement that the county departments	471
provide on forms prescribed by the rules a plan of proposed	472
expenditures, and a report of actual expenditures, of funds	473
necessary to implement sections 5101.60 to 5101.71 of the Revised	474
Code.	475

Sec. 5101.72.        Sec. 5101.611.  The department of job and family	476
services, to the extent of available funds, may reimburse county	477
departments of job and family services for all or part of the	478
costs they incur in implementing sections 5101.60 to 5101.71 of	479
the Revised Code. The director of job and family services shall	480
adopt internal management rules in accordance with section 111.15	481
of the Revised Code that provide for reimbursement of county	482
departments of job and family services under this section.	483

The director shall adopt internal management rules in	484
accordance with section 111.15 of the Revised Code that do both of	485
the following:	486

(A) Implement sections 5101.60 to 5101.71 of the Revised	487
Code;	488

(B) Require the county departments to collect and submit to	489
the department, or ensure that a designated agency collects and	490
submits to the department, data concerning the implementation of	491
sections 5101.60 to 5101.71 of the Revised Code.	492

Sec. 5101.62.  The department of job and family services	493
shall do all of the following:	494

(A) Provide a program of ongoing, comprehensive, formal	495
training on the implementation of sections 5101.60 to 5101.71 of	496
the Revised Code and require all protective services caseworkers	497
and their supervisors to undergo the training;	498

(B) Develop and make available educational materials for	499
individuals who are required under section 5101.63 of the Revised	500
Code to make reports of abuse, neglect, and exploitation;	501

(C) Facilitate ongoing cooperation among state agencies on	502
issues pertaining to the abuse, neglect, or exploitation of	503
adults.	504

Sec. 5101.61.        Sec. 5101.63. (A) As used in this section:

505

(1) "Senior service provider" means any person who provides	506
care or services to a person who is an adult as defined in	507
division (B) of section 5101.60 of the Revised Code.	508

(2) "Ambulatory health facility" means a nonprofit, public or	509
proprietary freestanding organization or a unit of such an agency	510
or organization that:	511

(a) Provides preventive, diagnostic, therapeutic,	512
rehabilitative, or palliative items or services furnished to an	513
outpatient or ambulatory patient, by or under the direction of a	514
physician or dentist in a facility which is not a part of a	515
hospital, but which is organized and operated to provide medical	516
care to outpatients;	517

(b) Has health and medical care policies which are developed	518
with the advice of, and with the provision of review of such	519
policies, an advisory committee of professional personnel,	520
including one or more physicians, one or more dentists, if dental	521
care is provided, and one or more registered nurses;	522

(c) Has a medical director, a dental director, if dental care	523
is provided, and a nursing director responsible for the execution	524
of such policies, and has physicians, dentists, nursing, and	525
ancillary staff appropriate to the scope of services provided;	526

(d) Requires that the health care and medical care of every	527
patient be under the supervision of a physician, provides for	528
medical care in a case of emergency, has in effect a written	529
agreement with one or more hospitals and other centers or clinics,	530
and has an established patient referral system to other resources,	531
and a utilization review plan and program;	532

(e) Maintains clinical records on all patients;

533

(f) Provides nursing services and other therapeutic services	534
in accordance with programs and policies, with such services	535
supervised by a registered professional nurse, and has a	536
registered professional nurse on duty at all times of clinical	537
operations;	538

(g) Provides approved methods and procedures for the	539
dispensing and administration of drugs and biologicals;	540

(h) Has established an accounting and record keeping system	541
to determine reasonable and allowable costs;	542

(i) "Ambulatory health facilities" also includes an	543
alcoholism treatment facility approved by the joint commission on	544
accreditation of healthcare organizations as an alcoholism	545
treatment facility or certified by the department of mental health	546
and addiction services, and such facility shall comply with other	547
provisions of this division not inconsistent with such	548
accreditation or certification.	549

(3) "Community mental health facility" means a facility which	550
provides community mental health services and is included in the	551
comprehensive mental health plan for the alcohol, drug addiction,	552
and mental health service district in which it is located.	553

(4) "Community mental health service" means services, other	554
than inpatient services, provided by a community mental health	555
facility.	556

(5) "Home health agency" means an institution or a distinct	557
part of an institution operated in this state which:	558

(a) Is primarily engaged in providing home health services;

559

(b) Has home health policies which are established by a group	560
of professional personnel, including one or more duly licensed	561
doctors of medicine or osteopathy and one or more registered	562
professional nurses, to govern the home health services it	563
provides and which includes a requirement that every patient must	564
be under the care of a duly licensed doctor of medicine or	565
osteopathy;	566

(c) Is under the supervision of a duly licensed doctor of	567
medicine or doctor of osteopathy or a registered professional	568
nurse who is responsible for the execution of such home health	569
policies;	570

(d) Maintains comprehensive records on all patients;

571

(e) Is operated by the state, a political subdivision, or an	572
agency of either, or is operated not for profit in this state and	573
is licensed or registered, if required, pursuant to law by the	574
appropriate department of the state, county, or municipality in	575
which it furnishes services; or is operated for profit in this	576
state, meets all the requirements specified in divisions (A)(5)(a)	577
to (d) of this section, and is certified under Title XVIII of the	578
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	579
amended.	580

(6) "Home health service" means the following items and	581
services, provided, except as provided in division (A)(6)(g) of	582
this section, on a visiting basis in a place of residence used as	583
the patient's home:	584

(a) Nursing care provided by or under the supervision of a	585
registered professional nurse;	586

(b) Physical, occupational, or speech therapy ordered by the	587
patient's attending physician;	588

(c) Medical social services performed by or under the	589
supervision of a qualified medical or psychiatric social worker	590
and under the direction of the patient's attending physician;	591

(d) Personal health care of the patient performed by aides in	592
accordance with the orders of a doctor of medicine or osteopathy	593
and under the supervision of a registered professional nurse;	594

(e) Medical supplies and the use of medical appliances;

595

(f) Medical services of interns and residents-in-training	596
under an approved teaching program of a nonprofit hospital and	597
under the direction and supervision of the patient's attending	598
physician;	599

(g) Any of the foregoing items and services which:

600

(i) Are provided on an outpatient basis under arrangements	601
made by the home health agency at a hospital or skilled nursing	602
facility;	603

(ii) Involve the use of equipment of such a nature that the	604
items and services cannot readily be made available to the patient	605
in the patient's place of residence, or which are furnished at the	606
hospital or skilled nursing facility while the patient is there to	607
receive any item or service involving the use of such equipment.	608

Any attorney, physician, osteopath, podiatrist, chiropractor,	609
dentist, psychologist, any employee of a hospital as defined in	610
section 3701.01 of the Revised Code, any nurse licensed under	611
Chapter 4723. of the Revised Code, any employee of an ambulatory	612
health facility, any employee of a home health agency, any	613
employee of a residential facility licensed under section 5119.34	614
of the Revised Code that provides accommodations, supervision, and	615
personal care services for three to sixteen unrelated adults, any	616
employee of a nursing home, residential care facility, or home for	617
the aging, as defined in section 3721.01 of the Revised Code, any	618
senior service provider, any peace officer, coroner, member of the	619
clergy, any employee of a community mental health facility, and	620
any person engaged in social work or counseling(1) Any individual	621
listed in division (A)(2) of this section having reasonable cause	622
to believe that an adult is being abused, neglected, or exploited,	623
or is in a condition which is the result of abuse, neglect, or	624
exploitation shall immediately report such belief to the county	625
department of job and family services. This section does not apply	626
to employees of any hospital or public hospital as defined in	627
section 5122.01 of the Revised Code.	628

(2) All of the following are subject to division (A)(1) of	629
this section:	630

(a) An attorney admitted to the practice of law in this	631
state;	632

(b) An individual authorized under Chapter 4731. of the	633
Revised Code to practice medicine and surgery, osteopathic	634
medicine and surgery, or podiatric medicine and surgery;	635

(c) An individual licensed under Chapter 4734. of the Revised	636
Code as a chiropractor;	637

(d) An individual licensed under Chapter 4715. of the Revised	638
Code as a dentist;	639

(e) An individual licensed under Chapter 4723. of the Revised	640
Code as a registered nurse or licensed practical nurse;	641

(f) An individual licensed under Chapter 4732. of the Revised	642
Code as a psychologist;	643

(g) An individual licensed under Chapter 4757. of the Revised	644
Code as a social worker, independent social worker, professional	645
counselor, professional clinical counselor, marriage and family	646
therapist, or independent marriage and family therapist;	647

(h) An individual licensed under Chapter 4729. of the Revised	648
Code as a pharmacist;	649

(i) An individual holding a certificate to practice as a	650
dialysis technician issued under Chapter 4723. of the Revised	651
Code;	652

(j) An employee of a home health agency, as defined in	653
section 3701.881 of the Revised Code;	654

(k) An employee of an outpatient health facility;

655

(l) An employee of a hospital, as defined in section 3727.01	656
of the Revised Code;	657

(m) An employee of a hospital or public hospital, as defined	658
in section 5122.01 of the Revised Code;	659

(n) An employee of a nursing home or residential care	660
facility, as defined in section 3721.01 of the Revised Code;	661

(o) An employee of a residential facility licensed under	662
section 5119.22 of the Revised Code that provides accommodations,	663
supervision, and personal care services for three to sixteen	664
unrelated adults;	665

(p) An employee of a health department operated by the board	666
of health of a city or general health district or the authority	667
having the duties of a board of health under section 3709.05 of	668
the Revised Code;	669

(q) An employee of a community mental health agency, as	670
defined in section 5122.01 of the Revised Code;	671

(r) An agent of a county humane society organized under	672
section 1717.05 of the Revised Code;	673

(s)An individual who is a firefighter for a lawfully	674
constituted fire department;	675

(t) An individual who is an ambulance driver for an emergency	676
medical service organization, as defined in section 4765.01 of the	677
Revised Code;	678

(u) A first responder, emergency medical technician-basic,	679
emergency medical technician-intermediate, or paramedic, as those	680
terms are defined in section 4765.01 of the Revised Code;	681

(v) An official employed by a local building department to	682
conduct inspections of houses and other residential buildings;	683

(w) A peace officer;

684

(x) A coroner;

685

(y) A member of the clergy;

686

(z) An individual who holds a certificate issued under	687
Chapter 4701. of the Revised Code as a certified public accountant	688
or is registered under that chapter as a public accountant;	689

(aa) An individual licensed under Chapter 4735. of the	690
Revised Code as a real estate broker or real estate salesperson;	691

(bb) An individual appointed and commissioned under section	692
147.01 of the Revised Code as a notary public;	693

(cc) An employee of a bank, savings bank, savings and loan	694
association, or credit union organized under the laws of this	695
state, another state, or the United States;	696

(dd) An investment advisor, as defined in section 1707.01 of	697
the Revised Code;	698

(ee) A financial planner accredited by a national	699
accreditation agency;	700

(ff) Any other individual who is a senior service provider.

701

(B) Any person having reasonable cause to believe that an	702
adult has suffered abuse, neglect, or exploitation may report, or	703
cause reportsa report to be made of such belief to the county	704
department of job and family services.	705

(C) The reports made under this section shall be made orally	706
or in writing except that oral reports shall be followed by a	707
written report if a written report is requested by the department.	708
Written reports shall include:	709

(1) The name, address, and approximate age of the adult who	710
is the subject of the report;	711

(2) The name and address of the individual responsible for	712
the adult's care, if any individual is, and if the individual is	713
known;	714

(3) The nature and extent of the alleged abuse, neglect, or	715
exploitation of the adult;	716

(4) The basis of the reporter's belief that the adult has	717
been abused, neglected, or exploited.	718

(D) Any person with reasonable cause to believe that an adult	719
is suffering abuse, neglect, or exploitation who makes a report	720
pursuant to this section or who testifies in any administrative or	721
judicial proceeding arising from such a report, or any employee of	722
the state or any of its subdivisions who is discharging	723
responsibilities under section 5101.62 of the Revised Code shall	724
be immune from civil or criminal liability on account of such	725
investigation, report, or testimony, except liability for perjury,	726
unless the person has acted in bad faith or with malicious	727
purpose.	728

(E) No employer or any other person with the authority to do	729
so shall dischargedo any of the following as a result of an	730
employee's having filed a report under this section:	731

(1) Discharge, demote, transfer, or prepare a negative work	732
performance evaluation, or reduce;	733

(2) Reduce benefits, pay, or work privileges, or take;

734

(3) Take any other action detrimental to anthe employee or	735
in any way retaliate against anthe employee as a result of the	736
employee's having filed a report under this section.	737

(F) Neither the written or oral report provided for in this	738
section nor the investigatory report provided for in section	739
5101.625101.65 of the Revised Code shall be considered a public	740
record as defined in section 149.43 of the Revised Code.	741
InformationOn request, information contained in the report shall	742
upon request be made available to the adult who is the subject of	743
the report, to agencies authorized by the county department of job	744
and family services to receive information contained in the	745
report, and to legal counsel for the adult. If it determines that	746
there is a risk of harm to a person who makes a report under this	747
section or to the adult who is the subject of the report, the	748
county department of job and family services may redact the name	749
and identifying information related to the person who made the	750
report.	751

Sec. 5101.631. (A) Not later than two years after the	752
effective date of this section, the department of job and family	753
services may establish a registry to maintain reports of abuse,	754
neglect, or exploitation of adults, whether investigated or not,	755
made to county departments of job and family services under	756
section 5101.63 of the Revised Code. The department shall release	757
information in the registry to county departments of job and	758
family services in accordance with division (B) of section 5101.65	759
of the Revised Code and may release information in the registry to	760
law enforcement agencies through the Ohio law enforcement gateway	761
established under section 109.57 of the Revised Code.	762

(B) Not later than six months after the effective date of	763
this section, the department shall submit to the president of the	764
senate, the speaker of the house of representatives, the minority	765
leader of the senate, the minority leader of the house of	766
representatives, and the elder abuse commission created under	767
section 5101.74 of the Revised Code a report outlining a process	768
for implementation of a registry under division (A) of this	769
section. The report shall include an estimate of the cost to the	770
department and county departments of implementing the registry.	771

Sec. 5101.632. Each entity that employs or is responsible for	772
licensing or regulating the individuals required under section	773
5101.63 of the Revised Code to make reports of abuse, neglect, or	774
exploitation of adults shall ensure that the individuals have	775
access to the educational materials developed under division (D)	776
of section 5101.62 of the Revised Code.	777

Sec. 5101.611.        Sec. 5101.64.  If a county department of job and	778
family services knows or has reasonable cause to believe that the	779
subject of a report made under section 5101.615101.63 of the	780
Revised Code or of an investigation conducted under sections	781
5101.62 to 5101.64section 5101.65 of the Revised Code or on the	782
initiative of the county department is mentally retarded or	783
developmentally disabled, as defined in section 5126.01 of the	784
Revised Code, the county department shall refer the case to the	785
county board of developmental disabilities of that county for	786
review pursuant to section 5126.31 of the Revised Code.	787

If a county board of developmental disabilities refers a case	788
to the county department of job and family services in accordance	789
with section 5126.31, the county department shall proceed with the	790
case in accordance with sections 5101.60 to 5101.715101.72 of the	791
Revised Code.	792

Sec. 5101.62.        Sec. 5101.65.  The county department of job and	793
family services shall be responsible for the investigation of all	794
reports provided for in section 5101.615101.63 and all cases	795
referred to it under section 5126.31 of the Revised Code and for	796
evaluating the need for and, to the extent of available funds,	797
providing or arranging for the provision of protective services.	798
The department may designate another agency to perform the	799
department's duties under this section.	800

Investigation of the report provided for in section 5101.61	801
5101.63 or a case referred to the department under section 5126.31	802
of the Revised Code shall be initiated within twenty-four hours	803
after the department receives the report or case if any emergency	804
exists; otherwise investigation shall be initiated within three	805
working days.	806

Investigation of the need for protective services shall	807
include a face-to-face visit with the adult who is the subject of	808
the report, preferably in the adult's residence, and consultation	809
with the person who made the report, if feasible, and agencies or	810
persons who have information about the adult's alleged abuse,	811
neglect, or exploitation.	812

The department shall give written notice of the intent of the	813
investigation and an explanation of the notice in language	814
reasonably understandable to the adult who is the subject of the	815
investigation, at the time of the initial interview with that	816
person.	817

Upon completion of the investigation, the department shall	818
determine from its findings whether or not the adult who is the	819
subject of the report is in need of protective services. No adult	820
shall be determined to be abused, neglected, or in need of	821
protective services for the sole reason that, in lieu of medical	822
treatment, the adult relies on or is being furnished spiritual	823
treatment through prayer alone in accordance with the tenets and	824
practices of a church or religious denomination of which the adult	825
is a member or adherent. The department shall write a report which	826
confirms or denies the need for protective services and states why	827
it reached this conclusion.	828

Sec. 5101.63.        Sec. 5101.651.  If, during the course of an	829
investigation conducted under section 5101.625101.65 of the	830
Revised Code, any person, including the adult who is the subject	831
of the investigation, denies or obstructs access to the residence	832
of the adult, the county department of job and family services may	833
file a petition in court for a temporary restraining order to	834
prevent the interference or obstruction. The court shall issue a	835
temporary restraining order to prevent the interference or	836
obstruction if it finds there is reasonable cause to believe that	837
the adult is being or has been abused, neglected, or exploited and	838
access to the person's residence has been denied or obstructed.	839
Such a finding is prima-facie evidence that immediate and	840
irreparable injury, loss, or damage will result, so that notice is	841
not required. After obtaining an order restraining the obstruction	842
of or interference with the access of the protective services	843
representative, the representative may be accompanied to the	844
residence by a peace officer.	845

Sec. 5101.64.        Sec. 5101.66.  Any person who requests or consents to	846
receive protective services shall receive such services only after	847
an investigation and determination of a need for protective	848
services, which. The investigation shall be performed in the same	849
manner as the investigation of a report pursuant to sections	850
5101.62 and 5101.63section 5101.65 of the Revised Code. If the	851
person withdraws consent, the protective services shall be	852
terminated.	853

Sec. 5101.65.        Sec. 5101.68.  If the county department of job and	854
family services determines that an adult is in need of protective	855
services and is an incapacitated person, the department may	856
petition the court for an order authorizing the provision of	857
protective services. The petition shall state the specific facts	858
alleging the abuse, neglect, or exploitation and shall include a	859
proposed protective service plan. Any plan for protective services	860
shall be specified in the petition.	861

Sec. 5101.66.        Sec. 5101.681.  Notice of a petition for the	862
provision of court-ordered protective services as provided for in	863
section 5101.655101.68 of the Revised Code shall be personally	864
served upon the adult who is the subject of the petition at least	865
five working days prior to the date set for the hearing as	866
provided in section 5101.675101.682 of the Revised Code. Notice	867
shall be given orally and in writing in language reasonably	868
understandable to the adult. The notice shall include the names of	869
all petitioners, the basis of the belief that protective services	870
are needed, the rights of the adult in the court proceedings, and	871
the consequences of a court order for protective services. The	872
adult shall be informed of histhe right to counsel and histhe	873
right to appointed counsel if hethe adult is indigent and if	874
appointed counsel is requested. Written notice by certified mail	875
shall also be given to the adult's guardian, legal counsel,	876
caretaker, and spouse, if any, or if hethe adult has none of	877
these, to histhe adult's adult children or next of kin, if any,	878
or to any other person as the court may require. The adult who is	879
the subject of the petition may not waive notice as provided in	880
this section.	881

Sec. 5101.67.        Sec. 5101.682.  (A) The court shall hold a hearing on	882
the petition as provided in section 5101.655101.68 of the Revised	883
Code within fourteen days after its filing. The adult who is the	884
subject of the petition shall have the right to be present at the	885
hearing, present evidence, and examine and cross-examine	886
witnesses. The adult shall be represented by counsel unless the	887
right to counsel is knowingly waived. If the adult is indigent,	888
the court shall appoint counsel to represent the adult. If the	889
court determines that the adult lacks the capacity to waive the	890
right to counsel, the court shall appoint counsel to represent the	891
adult's interests.	892

(B) If the court finds, on the basis of clear and convincing	893
evidence, that the adult has been abused, neglected, or exploited,	894
is in need of protective services, and is incapacitated, and no	895
person authorized by law or by court order is available to give	896
consent, it shall issue an order requiring the provision of	897
protective services only if they are available locally.	898

(C) If the court orders placement under this section it shall	899
give consideration to the choice of residence of the adult. The	900
court may order placement in settings which have been approved by	901
the department of job and family services as meeting at least	902
minimum community standards for safety, security, and the	903
requirements of daily living. The court shall not order an	904
institutional placement unless it has made a specific finding	905
entered in the record that no less restrictive alternative can be	906
found to meet the needs of the individual. No individual may be	907
committed to a hospital or public hospital as defined in section	908
5122.01 of the Revised Code pursuant to this section.	909

(D) The placement of an adult pursuant to court order as	910
provided in this section shall not be changed unless the court	911
authorized the transfer of placement after finding compelling	912
reasons to justify the transfer. Unless the court finds that an	913
emergency exists, the court shall notify the adult of a transfer	914
at least thirty days prior to the actual transfer.	915

(E) A court order provided for in this section shall remain	916
in effect for no longer than six months. Thereafter, the county	917
department of job and family services shall review the adult's	918
need for continued services and, if the department determines that	919
there is a continued need, it shall apply for a renewal of the	920
order for additional periods of no longer than one year each. The	921
adult who is the subject of the court-ordered services may	922
petition for modification of the order at any time.	923

Sec. 5101.68.        Sec. 5101.69.  (A) If an adult has consented to the	924
provision of protective services but any other person refuses to	925
allow such provision, the county department of humanjob and	926
family services may petition the court for a temporary restraining	927
order to restrain the person from interfering with the provision	928
of protective services for the adult.	929

(B) The petition shall state specific facts sufficient to	930
demonstrate the need for protective services, the consent of the	931
adult, and the refusal of some other person to allow the provision	932
of these services.	933

(C) Notice of the petition shall be given in language	934
reasonably understandable to the person alleged to be interfering	935
with the provision of services;.	936

(D) The court shall hold a hearing on the petition within	937
fourteen days after its filing. If the court finds that the	938
protective services are necessary, that the adult has consented to	939
the provisionsprovision of such services, and that the person who	940
is the subject of the petition has prevented such provision, the	941
court shall issue a temporary restraining order to restrain the	942
person from interfering with the provision of protective services	943
to the adult.	944

Sec. 5101.69.        Sec. 5101.70.  (A) Upon petition by the county	945
department of humanjob and family services, the court may issue	946
an order authorizing the provision of protective services on an	947
emergency basis to an adult. The petition for any emergency order	948
shall include all of the following:	949

(1) The name, age, and address of the adult in need of	950
protective services;	951

(2) The nature of the emergency;

952

(3) The proposed protective services;

953

(4) The petitioner's reasonable belief, together with facts	954
supportive thereof, as to the existence of the circumstances	955
described in divisions (D)(1) to (3) of this section;	956

(5) Facts showing the petitioner's attempts to obtain the	957
adult's consent to the protective services.	958

(B) Notice of the filing and contents of the petition	959
provided for in division (A) of this section, the rights of the	960
person in the hearing provided for in division (C) of this	961
section, and the possible consequences of a court order, shall be	962
given to the adult. Notice shall also be given to the spouse of	963
the adult or, if hethe adult has none, to histhe adult's adult	964
children or next of kin, and histhe adult's guardian, if any, if	965
histhe guardian's whereabouts are known. The notice shall be	966
given in language reasonably understandable to its recipients at	967
least twenty-four hours prior to the hearing provided for in this	968
section. The court may waive the twenty-four hour notice	969
requiementrequirement upon a showing that both of the following	970
are the case:	971

(1) Immediate and irreparable physical harm or immediate and	972
irreparable financial harm to the adult or others will result from	973
the twenty-four hour delay; and	974

(2) Reasonable attempts have been made to notify the adult,	975
histhe adult's spouse, or, if hethe adult has none, histhe	976
adult's adult children or next of kin, if any, and histhe adult's	977
guardian, if any, if histhe guardian's whereabouts are known.	978

Notice of the court's determination shall be given to all	979
persons receiving notice of the filing of the petition provided	980
for in this division.	981

(C) Upon receipt of a petition for an order for emergency	982
services, the court shall hold a hearing no sooner than	983
twenty-four and no later than seventy-two hours after the notice	984
provided for in division (B) of this section has been given,	985
unless the court has waived the notice. The adult who is the	986
subject of the petition shall have the right to be present at the	987
hearing, present, evidence, and examine and cross-examine	988
witnesses.	989

(D) The court shall issue an order authorizing the provision	990
of protective services on an emergency basis if it finds, on the	991
basis of clear and convincing evidence, thatall of the following:	992

(1) The adult is an incapacitated person;

993

(2) An emergency exists;

994

(3) No person authorized by law or court order to give	995
consent for the adult is available or willing to consent to	996
emergency services.	997

(E) In issuing an emergency order, the court shall adhere to	998
the following limitations:	999

(1) The court shall order only such protective services as	1000
are necessary and available locally to remove the conditions	1001
creating the emergency, and the court shall specifically designate	1002
those protective services the adult shall receive;	1003

(2) The court shall not order any change of residence under	1004
this section unless the court specifically finds that a change of	1005
residence is necessary;	1006

(3) The court may order emergency sericesservices only for	1007
fourteen days. The department may petition the court for a renewal	1008
of the order for a fourteen-day period upon a showing that	1009
continuation of the order is necessary to remove the emergency.	1010

(4) In its order the court shall authorize the director of	1011
the county department or histhe director's designee to give	1012
consent for the person for the approved emergency services until	1013
the expiration of the order;	1014

(5) The court shall not order a person to a hospital or	1015
public hospital as defined in section 5122.01 of the Revised Code.	1016

(F) If the county department determines that the adult	1017
continues to need protective services after the order provided for	1018
in division (D) of this section has expired, the department may	1019
petition the court for an order to continue protective services,	1020
pursuant to section 5101.655101.68 of the Revised Code. After the	1021
filing of the petition, the department may continue to provide	1022
protective services pending a hearing by the court.	1023

Sec. 5101.701. (A) A court, through a probate judge or a	1024
magistrate under the direction of a probate judge, may issue by	1025
telephone an ex parte emergency order authorizing the provision of	1026
protective services, including the relief available under division	1027
(B) of section 5101.702 of the Revised Code, to an adult on an	1028
emergency basis if all of the following are the case:	1029

(1) The court receives notice from the county department of	1030
job and family services, or an authorized employee of the	1031
department, that the department or employee believes an emergency	1032
order is needed as described in this section.	1033

(2) There is reasonable cause to believe that the adult is	1034
incapacitated.	1035

(3) There is reasonable cause to believe that there is a	1036
substantial risk to the adult of immediate and irreparable	1037
physical harm, immediate and irreparable financial harm, or death.	1038

(B)(1) The judge or magistrate shall journalize any order	1039
issued under this section.	1040

(2) An order issued under this section shall be in effect for	1041
not longer than twenty-four hours, except that if the day	1042
following the day on which the order is issued is not a working	1043
day, the order shall remain in effect until the next working day.	1044

(C)(1) Except as provided in division (C)(2) of this section,	1045
not later than twenty-four hours after an order is issued under	1046
this section, a petition shall be filed with the court in	1047
accordance with division (A) of section 5101.70 of the Revised	1048
Code.	1049

(2) If the day following the day on which the order was	1050
issued is not a working day, the petition shall be filed with the	1051
court on the next working day.	1052

(3) Except as provided in section 5101.702 of the Revised	1053
Code, proceedings on the petition shall be conducted in accordance	1054
with section 5101.70 of the Revised Code.	1055

Sec. 5101.702.  (A) If an order is issued pursuant to section	1056
5101.701 of the Revised Code, the court shall hold a hearing not	1057
later than twenty-four hours after the issuance to determine	1058
whether there is probable cause for the order, except that if the	1059
day following the day on which the order is issued is not a	1060
working day, the court shall hold the hearing on the next working	1061
day.	1062

(B) At the hearing, the court:

1063

(1) Shall determine whether protective services are the least	1064
restrictive alternative available for meeting the adult's needs;	1065

(2) May issue temporary orders to protect the adult from	1066
immediate and irreparable physical harm or immediate and	1067
irreparable financial harm, including, but not limited to,	1068
temporary protection orders, evaluations, and orders requiring a	1069
party to vacate the adult's place of residence or legal	1070
settlement;	1071

(3) May order emergency services;

1072

(4) May freeze the financial assets of the adult.

1073

(C) A temporary order issued pursuant to division (B)(2) of	1074
this section is effective for thirty days. The court may renew the	1075
order for an additional thirty-day period.	1076

Information contained in the order may be entered into the	1077
law enforcement automated data system.	1078

Sec. 5101.70.        Sec. 5101.71.  (A) If it appears that an adult in	1079
need of protective services has the financial means sufficient to	1080
pay for such services, the county department of job and family	1081
services shall make an evaluation regarding such means. If the	1082
evaluation establishes that the adult has such financial means,	1083
the department shall initiate procedures for reimbursement	1084
pursuant to rules promulgated by the departmentadopted under	1085
section 5101.61 of the Revised Code. If the evaluation establishes	1086
that the adult does not have such financial means, the services	1087
shall be provided in accordance with the policies and procedures	1088
established by the state department of job and family services for	1089
the provision of welfare assistance. An adult shall not be	1090
required to pay for court-ordered protective services unless the	1091
court determines upon a showing by the county department of job	1092
and family services that the adult is financially able to pay and	1093
the court orders the adult to pay.	1094

(B) Whenever the county department of job and family services	1095
has petitioned the court to authorize the provision of protective	1096
services and the adult who is the subject of the petition is	1097
indigent, the court shall appoint legal counsel.	1098

Sec. 5101.74.  (A) There is hereby created the elder abuse	1099
commission. The commission shall consist of the following members:	1100

(1) The following members, appointed by the attorney general:

1101

(a) One representative of the AARP;

1102

(b) One representative of the buckeye state sheriffs'	1103
association;	1104

(c) One representative of the county commissioners'	1105
association of Ohio;	1106

(d) One representative of the Ohio association of area	1107
agencies on aging;	1108

(e) One representative of the board of nursing;

1109

(f) One representative of the Ohio coalition for adult	1110
protective services;	1111

(g) One person who represents the interests of elder abuse	1112
victims;	1113

(h) One person who represents the interests of elderly	1114
persons;	1115

(i) One representative of the Ohio domestic violence network;

1116

(j) One representative of the Ohio prosecuting attorneys	1117
association;	1118

(k) One representative of the Ohio victim witness	1119
association;	1120

(l) One representative of the Ohio association of chiefs of	1121
police;	1122

(m) One representative of the Ohio association of probate	1123
judges;	1124

(n) One representative of the Ohio job and family services	1125
directors' association;	1126

(o) Two representatives of national organizations that focus	1127
on elder abuse or sexual violence.	1128

(2) The following ex officio members:

1129

(a) The attorney general or the attorney general's designee;

1130

(b) The chief justice of the supreme court of Ohio or the	1131
chief justice's designee;	1132

(c) The governor or the governor's designee;

1133

(d) The director of aging or the director's designee;

1134

(e) The director of job and family services or the director's	1135
designee;	1136

(f) The director of health or the director's designee;

1137

(g) The director of mental health or the director's designee;

1138

(h) The director of alcohol and drug addiction services or	1139
the director's designee;	1140

(i) The director of developmental disabilities or the	1141
director's designee;	1142

(j) The superintendent of insurance or the superintendent's	1143
designee;	1144

(k) The director of public safety or the director's designee;

1145

(l) The state long-term care ombudsperson or the	1146
ombudsperson's designee;	1147

(m) One member of the house of representatives, appointed by	1148
the speaker of the house of representatives;	1149

(n) One member of the senate, appointed by the president of	1150
the senate.	1151

(B) Members who are appointed shall serve at the pleasure of	1152
the appointing authority. Vacancies shall be filled in the same manner	1153
as original appointments.	1154

(C) All members of the commission shall serve as voting	1155
members. The attorney general shall select from among the	1156
appointed members a chairperson. The commission shall meet at the	1157
call of the chairperson, but not less than four times per year.	1158
Special meetings may be called by the chairperson and shall be	1159
called by the chairperson at the request of the attorney general.	1160
The commission may establish its own quorum requirements and	1161
procedures regarding the conduct of meetings and other affairs.	1162

(D) Members shall serve without compensation, but may be	1163
reimbursed for mileage and other actual and necessary expenses	1164
incurred in the performance of their official duties.	1165

(E) Sections 101.82 to 101.87 of the Revised Code do not	1166
apply to the elder abuse commission.	1167

Sec. 5101.741.  (A) The elder abuse commission shall	1168
formulate and recommend strategies on all of the following:	1169

(1) Increasing awareness of and improving education on elder	1170
abuse;	1171

(2) Increasing research on elder abuse;

1172

(3) Improving policy, funding, and programming related to	1173
elder abuse;	1174

(4) Improving the judicial response to elder abuse victims;

1175

(5) Identifying ways to coordinate statewide efforts to	1176
address elder abuse.	1177

(B) The commission shall review current funding of adult	1178
protective services and shall report on the cost to the state and	1179
county departments of job and family services of implementing its	1180
recommendations.	1181

(C) The commission shall prepare and issue a biennial report	1182
on a plan of action that may be used by local communities to aid	1183
in the development of efforts to combat elder abuse. The report	1184
shall include the commission's findings and recommendations made	1185
under divisions (A) and (B) of this section.	1186

(D) The attorney general may adopt rules as necessary for the	1187
commission to carry out its duties. The rules shall be adopted in	1188
accordance with section 111.15 of the Revised Code.	1189

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	1190
section 5101.615101.63 of the Revised Code shall be fined not	1191
more than five hundred dollars.	1192

(B) Whoever violates division (A) of section 5101.27 of the	1193
Revised Code is guilty of a misdemeanor of the first degree.	1194

(C) Whoever violates section 5101.133 of the Revised Code is	1195
guilty of a misdemeanor of the fourth degree.	1196

Sec. 5123.61.  (A) As used in this section:

1197

(1) "Law enforcement agency" means the state highway patrol,	1198
the police department of a municipal corporation, or a county	1199
sheriff.	1200

(2) "Abuse" has the same meaning as in section 5123.50 of the	1201
Revised Code, except that it includes a misappropriation, as	1202
defined in that section.	1203

(3) "Neglect" has the same meaning as in section 5123.50 of	1204
the Revised Code.	1205

(B) The department of developmental disabilities shall	1206
establish a registry office for the purpose of maintaining reports	1207
of abuse, neglect, and other major unusual incidents made to the	1208
department under this section and reports received from county	1209
boards of developmental disabilities under section 5126.31 of the	1210
Revised Code. The department shall establish committees to review	1211
reports of abuse, neglect, and other major unusual incidents.	1212

(C)(1) Any person listed in division (C)(2) of this section,	1213
having reason to believe that a person with mental retardation or	1214
a developmental disability has suffered or faces a substantial	1215
risk of suffering any wound, injury, disability, or condition of	1216
such a nature as to reasonably indicate abuse or neglect of that	1217
person, shall immediately report or cause reports to be made of	1218
such information to the entity specified in this division. Except	1219
as provided in section 5120.173 of the Revised Code or as	1220
otherwise provided in this division, the person making the report	1221
shall make it to a law enforcement agency or to the county board	1222
of developmental disabilities. If the report concerns a resident	1223
of a facility operated by the department of developmental	1224
disabilities the report shall be made either to a law enforcement	1225
agency or to the department. If the report concerns any act or	1226
omission of an employee of a county board of developmental	1227
disabilities, the report immediately shall be made to the	1228
department and to the county board.	1229

(2) All of the following persons are required to make a	1230
report under division (C)(1) of this section:	1231

(a) Any physician, including a hospital intern or resident,	1232
any dentist, podiatrist, chiropractor, practitioner of a limited	1233
branch of medicine as specified in section 4731.15 of the Revised	1234
Code, hospital administrator or employee of a hospital, nurse	1235
licensed under Chapter 4723. of the Revised Code, employee of an	1236
ambulatoryoutpatient health facility as defined in section	1237
5101.615101.60 of the Revised Code, employee of a home health	1238
agency, employee of a residential facility licensed under section	1239
5119.34 of the Revised Code that provides accommodations,	1240
supervision, and person care services for three to sixteen	1241
unrelated adults, or employee of a community mental health	1242
facility;	1243

(b) Any school teacher or school authority, social worker,	1244
psychologist, attorney, peace officer, coroner, or residents'	1245
rights advocate as defined in section 3721.10 of the Revised Code;	1246

(c) A superintendent, board member, or employee of a county	1247
board of developmental disabilities; an administrator, board	1248
member, or employee of a residential facility licensed under	1249
section 5123.19 of the Revised Code; an administrator, board	1250
member, or employee of any other public or private provider of	1251
services to a person with mental retardation or a developmental	1252
disability, or any MR/DD employee, as defined in section 5123.50	1253
of the Revised Code;	1254

(d) A member of a citizen's advisory council established at	1255
an institution or branch institution of the department of	1256
developmental disabilities under section 5123.092 of the Revised	1257
Code;	1258

(e) A member of the clergy who is employed in a position that	1259
includes providing specialized services to an individual with	1260
mental retardation or another developmental disability, while	1261
acting in an official or professional capacity in that position,	1262
or a person who is employed in a position that includes providing	1263
specialized services to an individual with mental retardation or	1264
another developmental disability and who, while acting in an	1265
official or professional capacity, renders spiritual treatment	1266
through prayer in accordance with the tenets of an organized	1267
religion.	1268

(3)(a) The reporting requirements of this division do not	1269
apply to employees of the Ohio protection and advocacy system.	1270

(b) An attorney or physician is not required to make a report	1271
pursuant to division (C)(1) of this section concerning any	1272
communication the attorney or physician receives from a client or	1273
patient in an attorney-client or physician-patient relationship,	1274
if, in accordance with division (A) or (B) of section 2317.02 of	1275
the Revised Code, the attorney or physician could not testify with	1276
respect to that communication in a civil or criminal proceeding,	1277
except that the client or patient is deemed to have waived any	1278
testimonial privilege under division (A) or (B) of section 2317.02	1279
of the Revised Code with respect to that communication and the	1280
attorney or physician shall make a report pursuant to division	1281
(C)(1) of this section, if both of the following apply:	1282

(i) The client or patient, at the time of the communication,	1283
is a person with mental retardation or a developmental disability.	1284

(ii) The attorney or physician knows or suspects, as a result	1285
of the communication or any observations made during that	1286
communication, that the client or patient has suffered or faces a	1287
substantial risk of suffering any wound, injury, disability, or	1288
condition of a nature that reasonably indicates abuse or neglect	1289
of the client or patient.	1290

(4) Any person who fails to make a report required under	1291
division (C) of this section and who is an MR/DD employee, as	1292
defined in section 5123.50 of the Revised Code, shall be eligible	1293
to be included in the registry regarding misappropriation, abuse,	1294
neglect, or other specified misconduct by MR/DD employees	1295
established under section 5123.52 of the Revised Code.	1296

(D) The reports required under division (C) of this section	1297
shall be made forthwith by telephone or in person and shall be	1298
followed by a written report. The reports shall contain the	1299
following:	1300

(1) The names and addresses of the person with mental	1301
retardation or a developmental disability and the person's	1302
custodian, if known;	1303

(2) The age of the person with mental retardation or a	1304
developmental disability;	1305

(3) Any other information that would assist in the	1306
investigation of the report.	1307

(E) When a physician performing services as a member of the	1308
staff of a hospital or similar institution has reason to believe	1309
that a person with mental retardation or a developmental	1310
disability has suffered injury, abuse, or physical neglect, the	1311
physician shall notify the person in charge of the institution or	1312
that person's designated delegate, who shall make the necessary	1313
reports.	1314

(F) Any person having reasonable cause to believe that a	1315
person with mental retardation or a developmental disability has	1316
suffered or faces a substantial risk of suffering abuse or neglect	1317
may report or cause a report to be made of that belief to the	1318
entity specified in this division. Except as provided in section	1319
5120.173 of the Revised Code or as otherwise provided in this	1320
division, the person making the report shall make it to a law	1321
enforcement agency or the county board of developmental	1322
disabilities. If the person is a resident of a facility operated	1323
by the department of developmental disabilities, the report shall	1324
be made to a law enforcement agency or to the department. If the	1325
report concerns any act or omission of an employee of a county	1326
board of developmental disabilities, the report immediately shall	1327
be made to the department and to the county board.	1328

(G)(1) Upon the receipt of a report concerning the possible	1329
abuse or neglect of a person with mental retardation or a	1330
developmental disability, the law enforcement agency shall inform	1331
the county board of developmental disabilities or, if the person	1332
is a resident of a facility operated by the department of	1333
developmental disabilities, the director of the department or the	1334
director's designee.	1335

(2) On receipt of a report under this section that includes	1336
an allegation of action or inaction that may constitute a crime	1337
under federal law or the law of this state, the department of	1338
developmental disabilities shall notify the law enforcement	1339
agency.	1340

(3) When a county board of developmental disabilities	1341
receives a report under this section that includes an allegation	1342
of action or inaction that may constitute a crime under federal	1343
law or the law of this state, the superintendent of the board or	1344
an individual the superintendent designates under division (H) of	1345
this section shall notify the law enforcement agency. The	1346
superintendent or individual shall notify the department of	1347
developmental disabilities when it receives any report under this	1348
section.	1349

(4) When a county board of developmental disabilities	1350
receives a report under this section and believes that the degree	1351
of risk to the person is such that the report is an emergency, the	1352
superintendent of the board or an employee of the board the	1353
superintendent designates shall attempt a face-to-face contact	1354
with the person with mental retardation or a developmental	1355
disability who allegedly is the victim within one hour of the	1356
board's receipt of the report.	1357

(H) The superintendent of the board may designate an	1358
individual to be responsible for notifying the law enforcement	1359
agency and the department when the county board receives a report	1360
under this section.	1361

(I) An adult with mental retardation or a developmental	1362
disability about whom a report is made may be removed from the	1363
adult's place of residence only by law enforcement officers who	1364
consider that the adult's immediate removal is essential to	1365
protect the adult from further injury or abuse or in accordance	1366
with the order of a court made pursuant to section 5126.33 of the	1367
Revised Code.	1368

(J) A law enforcement agency shall investigate each report of	1369
abuse or neglect it receives under this section. In addition, the	1370
department, in cooperation with law enforcement officials, shall	1371
investigate each report regarding a resident of a facility	1372
operated by the department to determine the circumstances	1373
surrounding the injury, the cause of the injury, and the person	1374
responsible. The investigation shall be in accordance with the	1375
memorandum of understanding prepared under section 5126.058 of the	1376
Revised Code. The department shall determine, with the registry	1377
office which shall be maintained by the department, whether prior	1378
reports have been made concerning an adult with mental retardation	1379
or a developmental disability or other principals in the case. If	1380
the department finds that the report involves action or inaction	1381
that may constitute a crime under federal law or the law of this	1382
state, it shall submit a report of its investigation, in writing,	1383
to the law enforcement agency. If the person with mental	1384
retardation or a developmental disability is an adult, with the	1385
consent of the adult, the department shall provide such protective	1386
services as are necessary to protect the adult. The law	1387
enforcement agency shall make a written report of its findings to	1388
the department.	1389

If the person is an adult and is not a resident of a facility	1390
operated by the department, the county board of developmental	1391
disabilities shall review the report of abuse or neglect in	1392
accordance with sections 5126.30 to 5126.33 of the Revised Code	1393
and the law enforcement agency shall make the written report of	1394
its findings to the county board.	1395

(K) Any person or any hospital, institution, school, health	1396
department, or agency participating in the making of reports	1397
pursuant to this section, any person participating as a witness in	1398
an administrative or judicial proceeding resulting from the	1399
reports, or any person or governmental entity that discharges	1400
responsibilities under sections 5126.31 to 5126.33 of the Revised	1401
Code shall be immune from any civil or criminal liability that	1402
might otherwise be incurred or imposed as a result of such actions	1403
except liability for perjury, unless the person or governmental	1404
entity has acted in bad faith or with malicious purpose.	1405

(L) No employer or any person with the authority to do so	1406
shall discharge, demote, transfer, prepare a negative work	1407
performance evaluation, reduce pay or benefits, terminate work	1408
privileges, or take any other action detrimental to an employee or	1409
retaliate against an employee as a result of the employee's having	1410
made a report under this section. This division does not preclude	1411
an employer or person with authority from taking action with	1412
regard to an employee who has made a report under this section if	1413
there is another reasonable basis for the action.	1414

(M) Reports made under this section are not public records as	1415
defined in section 149.43 of the Revised Code. Information	1416
contained in the reports on request shall be made available to the	1417
person who is the subject of the report, to the person's legal	1418
counsel, and to agencies authorized to receive information in the	1419
report by the department or by a county board of developmental	1420
disabilities.	1421

(N) Notwithstanding section 4731.22 of the Revised Code, the	1422
physician-patient privilege shall not be a ground for excluding	1423
evidence regarding the injuries or physical neglect of a person	1424
with mental retardation or a developmental disability or the cause	1425
thereof in any judicial proceeding resulting from a report	1426
submitted pursuant to this section.	1427

Sec. 5126.31.  (A) A county board of developmental	1428
disabilities shall review reports of abuse and neglect made under	1429
section 5123.61 of the Revised Code and reports referred to it	1430
under section 5101.6115101.64 of the Revised Code to determine	1431
whether the person who is the subject of the report is an adult	1432
with mental retardation or a developmental disability in need of	1433
services to deal with the abuse or neglect. The board shall give	1434
notice of each report to the registry office of the department of	1435
developmental disabilities established pursuant to section 5123.61	1436
of the Revised Code on the first working day after receipt of the	1437
report. If the report alleges that there is a substantial risk to	1438
the adult of immediate physical harm or death, the board shall	1439
initiate review within twenty-four hours of its receipt of the	1440
report. If the board determines that the person is sixty years of	1441
age or older but does not have mental retardation or a	1442
developmental disability, it shall refer the case to the county	1443
department of job and family services. If the board determines	1444
that the person is an adult with mental retardation or a	1445
developmental disability, it shall continue its review of the	1446
case.	1447

(B) For each review over which the board retains	1448
responsibility under division (A) of this section, it shall do all	1449
of the following:	1450

(1) Give both written and oral notice of the purpose of the	1451
review to the adult and, if any, to the adult's legal counsel or	1452
caretaker, in simple and clear language;	1453

(2) Visit the adult, in the adult's residence if possible,	1454
and explain the notice given under division (B)(1) of this	1455
section;	1456

(3) Request from the registry office any prior reports	1457
concerning the adult or other principals in the case;	1458

(4) Consult, if feasible, with the person who made the report	1459
under section 5101.615101.63 or 5123.61 of the Revised Code and	1460
with any agencies or persons who have information about the	1461
alleged abuse or neglect;	1462

(5) Cooperate fully with the law enforcement agency	1463
responsible for investigating the report and for filing any	1464
resulting criminal charges and, on request, turn over evidence to	1465
the agency;	1466

(6) Determine whether the adult needs services, and prepare a	1467
written report stating reasons for the determination. No adult	1468
shall be determined to be abused, neglected, or in need of	1469
services for the sole reason that, in lieu of medical treatment,	1470
the adult relies on or is being furnished spiritual treatment	1471
through prayer alone in accordance with the tenets and practices	1472
of a church or religious denomination of which the adult is a	1473
member or adherent.	1474

(C) The board shall arrange for the provision of services for	1475
the prevention, correction or discontinuance of abuse or neglect	1476
or of a condition resulting from abuse or neglect for any adult	1477
who has been determined to need the services and consents to	1478
receive them. These services may include, but are not limited to,	1479
service and support administration, fiscal management, medical,	1480
mental health, home health care, homemaker, legal, and residential	1481
services and the provision of temporary accommodations and	1482
necessities such as food and clothing. The services do not include	1483
acting as a guardian, trustee, or protector as defined in section	1484
5123.55 of the Revised Code. If the provision of residential	1485
services would require expenditures by the department of	1486
developmental disabilities, the board shall obtain the approval of	1487
the department prior to arranging the residential services.	1488

To arrange services, the board shall:

1489

(1) Develop an individualized service plan identifying the	1490
types of services required for the adult, the goals for the	1491
services, and the persons or agencies that will provide them;	1492

(2) In accordance with rules established by the director of	1493
developmental disabilities, obtain the consent of the adult or the	1494
adult's guardian to the provision of any of these services and	1495
obtain the signature of the adult or guardian on the individual	1496
service plan. An adult who has been found incompetent under	1497
Chapter 2111. of the Revised Code may consent to services. If the	1498
board is unable to obtain consent, it may seek, if the adult is	1499
incapacitated, a court order pursuant to section 5126.33 of the	1500
Revised Code authorizing the board to arrange these services.	1501

(D) The board shall ensure that the adult receives the	1502
services arranged by the board from the provider and shall have	1503
the services terminated if the adult withdraws consent.	1504

(E) On completion of a review, the board shall submit a	1505
written report to the registry office established under section	1506
5123.61 of the Revised Code. If the report includes a finding that	1507
a person with mental retardation or a developmental disability is	1508
a victim of action or inaction that may constitute a crime under	1509
federal law or the law of this state, the board shall submit the	1510
report to the law enforcement agency responsible for investigating	1511
the report. Reports prepared under this section are not public	1512
records as defined in section 149.43 of the Revised Code.	1513

Section 2.  That existing sections 173.501, 173.521, 173.542,	1514
2317.54, 4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63,	1515
5101.64, 5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71,	1516
5101.99, 5123.61, and 5126.31 of the Revised Code are hereby	1517
repealed.	1518