Bill Text: OH SB360 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require that employees in certain health care and other facilities be notified of bed bug or lice infestations.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-07-19 - To Health, Human Services, & Aging [SB360 Detail]

Download: Ohio-2011-SB360-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 360

Senator Tavares 

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A BILL

To amend sections 3701.99 and 5123.19 and to enact

1

sections 3701.048, 3711.021, 3712.041, 3721.033,

2

3727.58, 3793.062, 5103.0329, 5119.021, 5119.203,

3

5119.222, 5119.713, 5123.1910, 5139.88, and

4

5155.39 of the Revised Code to require that

5

employees in certain health care and other

6

facilities be notified of bed bug or lice

7

infestations.

8

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

Section 1.  That sections 3701.99 and 5123.19 be amended and	9
sections 3701.048, 3711.021, 3712.041, 3721.033, 3727.58,	10
3793.062, 5103.0329, 5119.021, 5119.203, 5119.222, 5119.713,	11
5123.1910, 5139.88, and 5155.39 of the Revised Code be enacted to	12
read as follows:	13

Sec. 3701.048.  (A) As used in this section:

14

(1) "Employee" means an individual who provides any service	15
on the premises of a facility on a full-time, part-time, or	16
contract basis, regardless of whether the individual provides the	17
service through direct employment or as an independent contractor,	18
as an agent, or through any other arrangement, but does not	19
include a volunteer or an individual who performs services	20
exclusively for repair or maintenance of a facility or for the	21
delivery of goods to a facility.	22

(2) "Employer" means a person or government entity that owns	23
or operates a facility or the individual designated by the person	24
or government entity as having responsibility for the employment	25
of employees.	26

(3) "Facility" means any of the following locations where an	27
individual may reside or be admitted as an inpatient and receive	28
such services as room and board, accommodations, personal care	29
services, skilled nursing care, or any other health care,	30
behavioral health care, or social service:	31

(a) A maternity unit, newborn care nursery, or maternity home	32
licensed under Chapter 3711. of the Revised Code;	33

(b) A facility operated by a hospice care program licensed	34
under Chapter 3712. of the Revised Code;	35

(c) A home licensed under section 3721.02 of the Revised Code	36
or by a political subdivision certified under section 3721.09 of	37
the Revised Code;	38

(d) A hospital, as defined in section 3727.01 of the Revised	39
Code;	40

(e) A facility operated by an alcohol and drug addiction	41
program certified under section 3793.01 of the Revised Code;	42

(f) A facility, other than a foster home, operated by an	43
association or institution, as defined in section 5103.01 of the	44
Revised Code;	45

(g) An institution operated by the department of mental	46
health under section 5119.02 of the Revised Code;	47

(h) A hospital for the mentally ill licensed under section	48
5119.20 of the Revised Code;	49

(i) A residential facility licensed under section 5119.22 of	50
the Revised Code;	51

(j) An adult care facility licensed under sections 5119.70 to	52
5119.88 of the Revised Code;	53

(k) A residential facility, as defined under section 5123.19	54
of the Revised Code;	55

(l) A community residential program, as defined in section	56
5139.01 of the Revised Code, or a community corrections facility	57
receiving a grant under section 5139.36 of the Revised Code;	58

(m) A county home or district home operated under Chapter	59
5155. of the Revised Code.	60

(B) With respect to each incidence of infestation of bed bugs	61
or lice at a facility, no employer shall fail to notify its	62
employees that the infestation is present at the facility.	63

(C) The director of health shall inform employers of the	64
requirements of this section at times and intervals the director	65
considers necessary to keep all employers fully informed of the	66
requirements of this section.	67

(D) The director shall adopt rules in accordance with Chapter	68
119. of the Revised Code establishing the following:	69

(1) Standards for determining what constitutes evidence of an	70
infestation of bed bugs or lice at a facility for purposes of	71
fulfilling the duty to notify employees pursuant to division (B)	72
of this section;	73

(2) Procedures to be followed by employers in providing the	74
notice to employees;	75

(3) Any other standards and procedures the director considers	76
necessary to implement this section.	77

Sec. 3701.99.  (A) Whoever violates division (C) of section	78
3701.23, division (C) of section 3701.232, division (C) of section	79
3701.24, division (B) of section 3701.25, division (I) of section	80
3701.262, division (D) of section 3701.263, or sections 3701.46 to	81
3701.55 of the Revised Code is guilty of a minor misdemeanor on a	82
first offense; on each subsequent offense, the person is guilty of	83
a misdemeanor of the fourth degree.	84

(B) Whoever violates section 3701.82 of the Revised Code is	85
guilty of a misdemeanor of the first degree.	86

(C) Whoever violates section 3701.352 or 3701.81 of the	87
Revised Code is guilty of a misdemeanor of the second degree.	88

(D) Whoever violates division (B) of section 3701.048 of the	89
Revised Code shall be fined not more than one hundred dollars. A	90
separate fine may be imposed for each day in which the violation	91
occurs.	92

Sec. 3711.021.  Each person who holds a license under this	93
chapter shall comply with the bed bug and lice infestation	94
notification requirements of section 3701.048 of the Revised Code	95
and any applicable rules adopted under that section.	96

Sec. 3712.041.  Each person or public agency licensed under	97
section 3712.04 of the Revised Code shall comply with the bed bug	98
and lice infestation notification requirements of section 3701.048	99
of the Revised Code and any applicable rules adopted under that	100
section.	101

Sec. 3721.033.  Each home licensed under section 3721.02 of	102
the Revised Code or by a political subdivision certified under	103
section 3721.09 of the Revised Code shall comply with the bed bug	104
and lice infestation notification requirements of section 3701.048	105
of the Revised Code and any applicable rules adopted under that	106
section.	107

Sec. 3727.58.  Each hospital shall comply with the bed bug	108
and lice infestation notification requirements of section 3701.048	109
of the Revised Code and any applicable rules adopted under that	110
section.	111

Sec. 3793.062.  Each alcohol and drug addiction program shall	112
comply with the bed bug and lice infestation notification	113
requirements of section 3701.048 of the Revised Code and any	114
applicable rules adopted under that section.	115

Sec. 5103.0329.  Each association or institution, except a	116
foster home, shall comply with the bed bug and lice infestation	117
notification requirements of section 3701.048 of the Revised Code	118
and any applicable rules adopted under that section.	119

Sec. 5119.021.  The director of mental health, as applicable	120
to state institutions for the care and treatment of mentally ill	121
persons, shall comply with the bed bug and lice infestation	122
notification requirements of section 3701.048 of the Revised Code	123
and any applicable rules adopted under that section.	124

Sec. 5119.203.  Each hospital licensed under section 5119.20	125
of the Revised Code shall comply with the bed bug and lice	126
infestation notification requirements of section 3701.048 of the	127
Revised Code and any applicable rules adopted under that section.	128

Sec. 5119.222.  Each residential facility licensed under	129
section 5119.22 of the Revised Code shall comply with the bed bug	130
and lice infestation notification requirements of section 3701.048	131
of the Revised Code and any applicable rules adopted under that	132
section.	133

Sec. 5119.713.  Each adult care facility licensed under	134
sections 5119.70 to 5119.88 of the Revised Code shall comply with	135
the bed bug and lice infestation notification requirements of	136
section 3701.048 of the Revised Code and any applicable rules	137
adopted under that section.	138

Sec. 5123.19.  (A) As used in this section and in sections	139
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, 5123.1910, and	140
5123.20 of the Revised Code:	141

(1)(a) "Residential facility" means a home or facility in	142
which a mentally retarded or developmentally disabled person	143
resides, except the home of a relative or legal guardian in which	144
a mentally retarded or developmentally disabled person resides, a	145
respite care home certified under section 5126.05 of the Revised	146
Code, a county home or district home operated pursuant to Chapter	147
5155. of the Revised Code, or a dwelling in which the only	148
mentally retarded or developmentally disabled residents are in an	149
independent living arrangement or are being provided supported	150
living.	151

(b) "Intermediate care facility for the mentally retarded"	152
means a residential facility that is considered an intermediate	153
care facility for the mentally retarded for the purposes of	154
Chapter 5111. of the Revised Code.	155

(2) "Political subdivision" means a municipal corporation,	156
county, or township.	157

(3) "Independent living arrangement" means an arrangement in	158
which a mentally retarded or developmentally disabled person	159
resides in an individualized setting chosen by the person or the	160
person's guardian, which is not dedicated principally to the	161
provision of residential services for mentally retarded or	162
developmentally disabled persons, and for which no financial	163
support is received for rendering such service from any	164
governmental agency by a provider of residential services.	165

(4) "Licensee" means the person or government agency that has	166
applied for a license to operate a residential facility and to	167
which the license was issued under this section.	168

(5) "Related party" has the same meaning as in section	169
5123.16 of the Revised Code except that "provider" as used in the	170
definition of "related party" means a person or government entity	171
that held or applied for a license to operate a residential	172
facility, rather than a person or government entity certified to	173
provide supported living.	174

(B) Every person or government agency desiring to operate a	175
residential facility shall apply for licensure of the facility to	176
the director of developmental disabilities unless the residential	177
facility is subject to section 3721.02, 5119.73, 5103.03, or	178
5119.20, or 5119.73 of the Revised Code. Notwithstanding Chapter	179
3721. of the Revised Code, a nursing home that is certified as an	180
intermediate care facility for the mentally retarded under Title	181
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	182
1396, as amended, shall apply for licensure of the portion of the	183
home that is certified as an intermediate care facility for the	184
mentally retarded.	185

(C) Subject to section 5123.196 of the Revised Code, the	186
director of developmental disabilities shall license the operation	187
of residential facilities. An initial license shall be issued for	188
a period that does not exceed one year, unless the director denies	189
the license under division (D) of this section. A license shall be	190
renewed for a period that does not exceed three years, unless the	191
director refuses to renew the license under division (D) of this	192
section. The director, when issuing or renewing a license, shall	193
specify the period for which the license is being issued or	194
renewed. A license remains valid for the length of the licensing	195
period specified by the director, unless the license is	196
terminated, revoked, or voluntarily surrendered.	197

(D) If it is determined that an applicant or licensee is not	198
in compliance with a provision of this chapter that applies to	199
residential facilities or the rules adopted under such a	200
provision, the director may deny issuance of a license, refuse to	201
renew a license, terminate a license, revoke a license, issue an	202
order for the suspension of admissions to a facility, issue an	203
order for the placement of a monitor at a facility, issue an order	204
for the immediate removal of residents, or take any other action	205
the director considers necessary consistent with the director's	206
authority under this chapter regarding residential facilities. In	207
the director's selection and administration of the sanction to be	208
imposed, all of the following apply:	209

(1) The director may deny, refuse to renew, or revoke a	210
license, if the director determines that the applicant or licensee	211
has demonstrated a pattern of serious noncompliance or that a	212
violation creates a substantial risk to the health and safety of	213
residents of a residential facility.	214

(2) The director may terminate a license if more than twelve	215
consecutive months have elapsed since the residential facility was	216
last occupied by a resident or a notice required by division (K)	217
of this section is not given.	218

(3) The director may issue an order for the suspension of	219
admissions to a facility for any violation that may result in	220
sanctions under division (D)(1) of this section and for any other	221
violation specified in rules adopted under division (H)(2) of this	222
section. If the suspension of admissions is imposed for a	223
violation that may result in sanctions under division (D)(1) of	224
this section, the director may impose the suspension before	225
providing an opportunity for an adjudication under Chapter 119. of	226
the Revised Code. The director shall lift an order for the	227
suspension of admissions when the director determines that the	228
violation that formed the basis for the order has been corrected.	229

(4) The director may order the placement of a monitor at a	230
residential facility for any violation specified in rules adopted	231
under division (H)(2) of this section. The director shall lift the	232
order when the director determines that the violation that formed	233
the basis for the order has been corrected.	234

(5) If the director determines that two or more residential	235
facilities owned or operated by the same person or government	236
entity are not being operated in compliance with a provision of	237
this chapter that applies to residential facilities or the rules	238
adopted under such a provision, and the director's findings are	239
based on the same or a substantially similar action, practice,	240
circumstance, or incident that creates a substantial risk to the	241
health and safety of the residents, the director shall conduct a	242
survey as soon as practicable at each residential facility owned	243
or operated by that person or government entity. The director may	244
take any action authorized by this section with respect to any	245
facility found to be operating in violation of a provision of this	246
chapter that applies to residential facilities or the rules	247
adopted under such a provision.	248

(6) When the director initiates license revocation	249
proceedings, no opportunity for submitting a plan of correction	250
shall be given. The director shall notify the licensee by letter	251
of the initiation of the proceedings. The letter shall list the	252
deficiencies of the residential facility and inform the licensee	253
that no plan of correction will be accepted. The director shall	254
also send a copy of the letter to the county board of	255
developmental disabilities. The county board shall send a copy of	256
the letter to each of the following:	257

(a) Each resident who receives services from the licensee;

258

(b) The guardian of each resident who receives services from	259
the licensee if the resident has a guardian;	260

(c) The parent or guardian of each resident who receives	261
services from the licensee if the resident is a minor.	262

(7) Pursuant to rules which shall be adopted in accordance	263
with Chapter 119. of the Revised Code, the director may order the	264
immediate removal of residents from a residential facility	265
whenever conditions at the facility present an immediate danger of	266
physical or psychological harm to the residents.	267

(8) In determining whether a residential facility is being	268
operated in compliance with a provision of this chapter that	269
applies to residential facilities or the rules adopted under such	270
a provision, or whether conditions at a residential facility	271
present an immediate danger of physical or psychological harm to	272
the residents, the director may rely on information obtained by a	273
county board of developmental disabilities or other governmental	274
agencies.	275

(9) In proceedings initiated to deny, refuse to renew, or	276
revoke licenses, the director may deny, refuse to renew, or revoke	277
a license regardless of whether some or all of the deficiencies	278
that prompted the proceedings have been corrected at the time of	279
the hearing.	280

(E) The director shall establish a program under which public	281
notification may be made when the director has initiated license	282
revocation proceedings or has issued an order for the suspension	283
of admissions, placement of a monitor, or removal of residents.	284
The director shall adopt rules in accordance with Chapter 119. of	285
the Revised Code to implement this division. The rules shall	286
establish the procedures by which the public notification will be	287
made and specify the circumstances for which the notification must	288
be made. The rules shall require that public notification be made	289
if the director has taken action against the facility in the	290
eighteen-month period immediately preceding the director's latest	291
action against the facility and the latest action is being taken	292
for the same or a substantially similar violation of a provision	293
of this chapter that applies to residential facilities or the	294
rules adopted under such a provision. The rules shall specify a	295
method for removing or amending the public notification if the	296
director's action is found to have been unjustified or the	297
violation at the residential facility has been corrected.	298

(F)(1) Except as provided in division (F)(2) of this section,	299
appeals from proceedings initiated to impose a sanction under	300
division (D) of this section shall be conducted in accordance with	301
Chapter 119. of the Revised Code.	302

(2) Appeals from proceedings initiated to order the	303
suspension of admissions to a facility shall be conducted in	304
accordance with Chapter 119. of the Revised Code, unless the order	305
was issued before providing an opportunity for an adjudication, in	306
which case all of the following apply:	307

(a) The licensee may request a hearing not later than ten	308
days after receiving the notice specified in section 119.07 of the	309
Revised Code.	310

(b) If a timely request for a hearing that includes the	311
licensee's current address is made, the hearing shall commence not	312
later than thirty days after the department receives the request.	313

(c) After commencing, the hearing shall continue	314
uninterrupted, except for Saturdays, Sundays, and legal holidays,	315
unless other interruptions are agreed to by the licensee and the	316
director.	317

(d) If the hearing is conducted by a hearing examiner, the	318
hearing examiner shall file a report and recommendations not later	319
than ten days after the last of the following:	320

(i) The close of the hearing;

321

(ii) If a transcript of the proceedings is ordered, the	322
hearing examiner receives the transcript;	323

(iii) If post-hearing briefs are timely filed, the hearing	324
examiner receives the briefs.	325

(e) A copy of the written report and recommendation of the	326
hearing examiner shall be sent, by certified mail, to the licensee	327
and the licensee's attorney, if applicable, not later than five	328
days after the report is filed.	329

(f) Not later than five days after the hearing examiner files	330
the report and recommendations, the licensee may file objections	331
to the report and recommendations.	332

(g) Not later than fifteen days after the hearing examiner	333
files the report and recommendations, the director shall issue an	334
order approving, modifying, or disapproving the report and	335
recommendations.	336

(h) Notwithstanding the pendency of the hearing, the director	337
shall lift the order for the suspension of admissions when the	338
director determines that the violation that formed the basis for	339
the order has been corrected.	340

(G) Neither a person or government agency whose application	341
for a license to operate a residential facility is denied nor a	342
related party of the person or government agency may apply for a	343
license to operate a residential facility before the date that is	344
one year after the date of the denial. Neither a licensee whose	345
residential facility license is revoked nor a related party of the	346
licensee may apply for a residential facility license before the	347
date that is five years after the date of the revocation.	348

(H) In accordance with Chapter 119. of the Revised Code, the	349
director shall adopt and may amend and rescind rules for licensing	350
and regulating the operation of residential facilities, including	351
intermediate care facilities for the mentally retarded. The rules	352
for intermediate care facilities for the mentally retarded may	353
differ from those for other residential facilities. The rules	354
shall establish and specify the following:	355

(1) Procedures and criteria for issuing and renewing	356
licenses, including procedures and criteria for determining the	357
length of the licensing period that the director must specify for	358
each license when it is issued or renewed;	359

(2) Procedures and criteria for denying, refusing to renew,	360
terminating, and revoking licenses and for ordering the suspension	361
of admissions to a facility, placement of a monitor at a facility,	362
and the immediate removal of residents from a facility;	363

(3) Fees for issuing and renewing licenses, which shall be	364
deposited into the program fee fund created under section 5123.033	365
of the Revised Code;	366

(4) Procedures for surveying residential facilities;

367

(5) Requirements for the training of residential facility	368
personnel;	369

(6) Classifications for the various types of residential	370
facilities;	371

(7) Certification procedures for licensees and management	372
contractors that the director determines are necessary to ensure	373
that they have the skills and qualifications to properly operate	374
or manage residential facilities;	375

(8) The maximum number of persons who may be served in a	376
particular type of residential facility;	377

(9) Uniform procedures for admission of persons to and	378
transfers and discharges of persons from residential facilities;	379

(10) Other standards for the operation of residential	380
facilities and the services provided at residential facilities;	381

(11) Procedures for waiving any provision of any rule adopted	382
under this section.	383

(I) Before issuing a license, the director of the department	384
or the director's designee shall conduct a survey of the	385
residential facility for which application is made. The director	386
or the director's designee shall conduct a survey of each licensed	387
residential facility at least once during the period the license	388
is valid and may conduct additional inspections as needed. A	389
survey includes but is not limited to an on-site examination and	390
evaluation of the residential facility, its personnel, and the	391
services provided there.	392

In conducting surveys, the director or the director's	393
designee shall be given access to the residential facility; all	394
records, accounts, and any other documents related to the	395
operation of the facility; the licensee; the residents of the	396
facility; and all persons acting on behalf of, under the control	397
of, or in connection with the licensee. The licensee and all	398
persons on behalf of, under the control of, or in connection with	399
the licensee shall cooperate with the director or the director's	400
designee in conducting the survey.	401

Following each survey, unless the director initiates a	402
license revocation proceeding, the director or the director's	403
designee shall provide the licensee with a report listing any	404
deficiencies, specifying a timetable within which the licensee	405
shall submit a plan of correction describing how the deficiencies	406
will be corrected, and, when appropriate, specifying a timetable	407
within which the licensee must correct the deficiencies. After a	408
plan of correction is submitted, the director or the director's	409
designee shall approve or disapprove the plan. A copy of the	410
report and any approved plan of correction shall be provided to	411
any person who requests it.	412

The director shall initiate disciplinary action against any	413
department employee who notifies or causes the notification to any	414
unauthorized person of an unannounced survey of a residential	415
facility by an authorized representative of the department.	416

(J) In addition to any other information which may be	417
required of applicants for a license pursuant to this section, the	418
director shall require each applicant to provide a copy of an	419
approved plan for a proposed residential facility pursuant to	420
section 5123.042 of the Revised Code. This division does not apply	421
to renewal of a license or to an applicant for an initial or	422
modified license who meets the requirements of section 5123.193 or	423
5123.197 of the Revised Code.	424

(K) A licensee shall notify the owner of the building in	425
which the licensee's residential facility is located of any	426
significant change in the identity of the licensee or management	427
contractor before the effective date of the change if the licensee	428
is not the owner of the building.	429

Pursuant to rules which shall be adopted in accordance with	430
Chapter 119. of the Revised Code, the director may require	431
notification to the department of any significant change in the	432
ownership of a residential facility or in the identity of the	433
licensee or management contractor. If the director determines that	434
a significant change of ownership is proposed, the director shall	435
consider the proposed change to be an application for development	436
by a new operator pursuant to section 5123.042 of the Revised Code	437
and shall advise the applicant within sixty days of the	438
notification that the current license shall continue in effect or	439
a new license will be required pursuant to this section. If the	440
director requires a new license, the director shall permit the	441
facility to continue to operate under the current license until	442
the new license is issued, unless the current license is revoked,	443
refused to be renewed, or terminated in accordance with Chapter	444
119. of the Revised Code.	445

(L) A county board of developmental disabilities and any	446
interested person may file complaints alleging violations of	447
statute or department rule relating to residential facilities with	448
the department. All complaints shall be in writing and shall state	449
the facts constituting the basis of the allegation. The department	450
shall not reveal the source of any complaint unless the	451
complainant agrees in writing to waive the right to	452
confidentiality or until so ordered by a court of competent	453
jurisdiction.	454

The department shall adopt rules in accordance with Chapter	455
119. of the Revised Code establishing procedures for the receipt,	456
referral, investigation, and disposition of complaints filed with	457
the department under this division.	458

(M) The department shall establish procedures for the	459
notification of interested parties of the transfer or interim care	460
of residents from residential facilities that are closing or are	461
losing their license.	462

(N) Before issuing a license under this section to a	463
residential facility that will accommodate at any time more than	464
one mentally retarded or developmentally disabled individual, the	465
director shall, by first class mail, notify the following:	466

(1) If the facility will be located in a municipal	467
corporation, the clerk of the legislative authority of the	468
municipal corporation;	469

(2) If the facility will be located in unincorporated	470
territory, the clerk of the appropriate board of county	471
commissioners and the fiscal officer of the appropriate board of	472
township trustees.	473

The director shall not issue the license for ten days after	474
mailing the notice, excluding Saturdays, Sundays, and legal	475
holidays, in order to give the notified local officials time in	476
which to comment on the proposed issuance.	477

Any legislative authority of a municipal corporation, board	478
of county commissioners, or board of township trustees that	479
receives notice under this division of the proposed issuance of a	480
license for a residential facility may comment on it in writing to	481
the director within ten days after the director mailed the notice,	482
excluding Saturdays, Sundays, and legal holidays. If the director	483
receives written comments from any notified officials within the	484
specified time, the director shall make written findings	485
concerning the comments and the director's decision on the	486
issuance of the license. If the director does not receive written	487
comments from any notified local officials within the specified	488
time, the director shall continue the process for issuance of the	489
license.	490

(O) Any person may operate a licensed residential facility	491
that provides room and board, personal care, habilitation	492
services, and supervision in a family setting for at least six but	493
not more than eight persons with mental retardation or a	494
developmental disability as a permitted use in any residential	495
district or zone, including any single-family residential district	496
or zone, of any political subdivision. These residential	497
facilities may be required to comply with area, height, yard, and	498
architectural compatibility requirements that are uniformly	499
imposed upon all single-family residences within the district or	500
zone.	501

(P) Any person may operate a licensed residential facility	502
that provides room and board, personal care, habilitation	503
services, and supervision in a family setting for at least nine	504
but not more than sixteen persons with mental retardation or a	505
developmental disability as a permitted use in any multiple-family	506
residential district or zone of any political subdivision, except	507
that a political subdivision that has enacted a zoning ordinance	508
or resolution establishing planned unit development districts may	509
exclude these residential facilities from those districts, and a	510
political subdivision that has enacted a zoning ordinance or	511
resolution may regulate these residential facilities in	512
multiple-family residential districts or zones as a conditionally	513
permitted use or special exception, in either case, under	514
reasonable and specific standards and conditions set out in the	515
zoning ordinance or resolution to:	516

(1) Require the architectural design and site layout of the	517
residential facility and the location, nature, and height of any	518
walls, screens, and fences to be compatible with adjoining land	519
uses and the residential character of the neighborhood;	520

(2) Require compliance with yard, parking, and sign	521
regulation;	522

(3) Limit excessive concentration of these residential	523
facilities.	524

(Q) This section does not prohibit a political subdivision	525
from applying to residential facilities nondiscriminatory	526
regulations requiring compliance with health, fire, and safety	527
regulations and building standards and regulations.	528

(R) Divisions (O) and (P) of this section are not applicable	529
to municipal corporations that had in effect on June 15, 1977, an	530
ordinance specifically permitting in residential zones licensed	531
residential facilities by means of permitted uses, conditional	532
uses, or special exception, so long as such ordinance remains in	533
effect without any substantive modification.	534

(S)(1) The director may issue an interim license to operate a	535
residential facility to an applicant for a license under this	536
section if either of the following is the case:	537

(a) The director determines that an emergency exists	538
requiring immediate placement of persons in a residential	539
facility, that insufficient licensed beds are available, and that	540
the residential facility is likely to receive a permanent license	541
under this section within thirty days after issuance of the	542
interim license.	543

(b) The director determines that the issuance of an interim	544
license is necessary to meet a temporary need for a residential	545
facility.	546

(2) To be eligible to receive an interim license, an	547
applicant must meet the same criteria that must be met to receive	548
a permanent license under this section, except for any differing	549
procedures and time frames that may apply to issuance of a	550
permanent license.	551

(3) An interim license shall be valid for thirty days and may	552
be renewed by the director for a period not to exceed one hundred	553
fifty days.	554

(4) The director shall adopt rules in accordance with Chapter	555
119. of the Revised Code as the director considers necessary to	556
administer the issuance of interim licenses.	557

(T) Notwithstanding rules adopted pursuant to this section	558
establishing the maximum number of persons who may be served in a	559
particular type of residential facility, a residential facility	560
shall be permitted to serve the same number of persons being	561
served by the facility on the effective date of the rules or the	562
number of persons for which the facility is authorized pursuant to	563
a current application for a certificate of need with a letter of	564
support from the department of developmental disabilities and	565
which is in the review process prior to April 4, 1986.	566

(U) The director or the director's designee may enter at any	567
time, for purposes of investigation, any home, facility, or other	568
structure that has been reported to the director or that the	569
director has reasonable cause to believe is being operated as a	570
residential facility without a license issued under this section.	571

The director may petition the court of common pleas of the	572
county in which an unlicensed residential facility is located for	573
an order enjoining the person or governmental agency operating the	574
facility from continuing to operate without a license. The court	575
may grant the injunction on a showing that the person or	576
governmental agency named in the petition is operating a	577
residential facility without a license. The court may grant the	578
injunction, regardless of whether the residential facility meets	579
the requirements for receiving a license under this section.	580

Sec. 5123.1910.  Each residential facility shall comply with	581
the bed bug and lice infestation notification requirements of	582
section 3701.048 of the Revised Code and any applicable rules	583
adopted under that section.	584

Sec. 5139.88.  Each community residential program, as defined	585
under section 5139.01 of the Revised Code, and each community	586
corrections facility receiving a grant under section 5139.36 of	587
the Revised Code, shall comply with the bed bug and lice	588
infestation notification requirements of section 3701.048 of the	589
Revised Code and any applicable rules adopted under that section.	590

Sec. 5155.39.  Each county home and each district home	591
operated under this chapter shall comply with the bed bug and lice	592
infestation notification requirements of section 3701.048 of the	593
Revised Code and any applicable rules adopted under that section.	594

Section 2.  That existing sections 3701.99 and 5123.19 of the	595
Revised Code are hereby repealed.	596

Section 3.  Section 5123.19 of the Revised Code is amended by	597
this act and also by Am. Sub. H.B. 153 of the 129th General	598
Assembly (effective October 1, 2012). The amendments of Am. Sub.	599
H.B. 153 are included in this act to confirm the intention to	600
retain them, but are not intended to be effective until October 1,	601
2012.	602