2006 Ohio Revised Code - 2903.33. Definitions.

§ 2903.33. Definitions.
 

As used in sections 2903.33 to 2903.36 of the Revised Code: 

(A) "Care facility" means any of the following: 

(1) Any "home" as defined in section 3721.10 or 5111.20 of the Revised Code; 

(2) Any "residential facility" as defined in section 5123.19 of the Revised Code; 

(3) Any institution or facility operated or provided by the department of mental health or by the department of mental retardation and developmental disabilities pursuant to sections 5119.02 and 5123.03 of the Revised Code; 

(4) Any "residential facility" as defined in section 5119.22 of the Revised Code; 

(5) Any unit of any hospital, as defined in section 3701.01 of the Revised Code, that provides the same services as a nursing home, as defined in section 3721.01 of the Revised Code; 

(6) Any institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to one individual or two unrelated individuals who are dependent upon the services of others; 

(7) Any "adult care facility" as defined in section 3722.01 of the Revised Code; 

(8) Any adult foster home certified by the department of aging or its designee under section 173.36 of the Revised Code; 

(9) Any "community alternative home" as defined in section 3724.01 of the Revised Code. 

(B) "Abuse" means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication, or isolation on the person. 

(C) (1) "Gross neglect" means knowingly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in physical harm or serious physical harm to the person. 

(2) "Neglect" means recklessly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person. 

(D) "Inappropriate use of a physical or chemical restraint, medication, or isolation" means the use of physical or chemical restraint, medication, or isolation as punishment, for staff convenience, excessively, as a substitute for treatment, or in quantities that preclude habilitation and treatment. 
 

HISTORY: 141 v H 566 (Eff 9-17-86); 142 v S 156 (Eff 7-1-88); 143 v S 2 (Eff 11-1-89); 143 v H 253 (Eff 11-15-90); 145 v H 152 (Eff 7-1-93); 145 v S 21 (Eff 10-29-93); 146 v S 2. Eff 7-1-96.
 

The effective date is set by section 6 of SB 2. 

The provisions of § 7 of SB 2 (146 v  - ) read as follows: 

SECTION 7. * * * Section 2903.33 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 152 and Am. Sub. S.B. 21 of the 120th General Assembly, with the new language of neither of the acts shown in capital letters. * * * This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.