2006 Ohio Revised Code - 2903.34. Patient abuse; neglect.

§ 2903.34. Patient abuse; neglect.
 

(A)  No person who owns, operates, or administers, or who is an agent or employee of, a care facility shall do any of the following: 

(1) Commit abuse against a resident or patient of the facility; 

(2) Commit gross neglect against a resident or patient of the facility; 

(3) Commit neglect against a resident or patient of the facility. 

(B) (1)  A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered neglected under division (A)(3) of this section for that reason alone. 

(2) It is an affirmative defense to a charge of gross neglect or neglect under this section that the actor's conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person with supervisory authority over the actor. 

(C)  Whoever violates division (A)(1) of this section is guilty of patient abuse, a felony of the fourth degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section, patient abuse is a felony of the third degree. 

(D)  Whoever violates division (A)(2) of this section is guilty of gross patient neglect, a misdemeanor of the first degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section, gross patient neglect is a felony of the fifth degree. 

(E)  Whoever violates division (A)(3) of this section is guilty of patient neglect, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section, patient neglect is a felony of the fifth degree. 
 

HISTORY: 141 v H 566 (Eff 9-17-86); 146 v S 2. Eff 7-1-96.
 

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