Bill Text: OH SB360 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To require that employees in certain health care and other facilities be notified of bed bug or lice infestations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-19 - To Health, Human Services, & Aging [SB360 Detail]
Download: Ohio-2011-SB360-Introduced.html
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Senator Tavares
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, | 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 | 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 |