2006 Ohio Revised Code - 3721.04. Uniform rules for operation of homes; standards.

§ 3721.04. Uniform rules for operation of homes; standards.
 

(A)  The public health council shall adopt and publish rules governing the operation of homes, which shall have uniform application throughout the state, and shall prescribe standards for homes with respect to, but not limited to, the following matters: 

(1) The minimum space requirements for occupants and equipping of the buildings in which homes are housed so as to ensure healthful, safe, sanitary, and comfortable conditions for all residents, so long as they are not inconsistent with Chapters 3781. and 3791. of the Revised Code or with any rules adopted by the board of building standards and by the state fire marshal; 

(2) The number and qualifications of personnel, including management and nursing staff, for each class of home, and the qualifications of nurse aides, as defined in section 3721.21 of the Revised Code, used by long-term care facilities, as defined in that section; 

(3) The medical, rehabilitative, and recreational services to be provided by each class of home; 

(4) Dietetic services, including but not limited to sanitation, nutritional adequacy, and palatability of food; 

(5) The personal and social services to be provided by each class of home; 

(6) The business and accounting practices to be followed and the type of patient and business records to be kept by such homes; 

(7) The operation of adult day-care programs provided by and on the same site as homes licensed under this chapter; 

(8) The standards and procedures to be followed by residential care facilities in admitting and retaining a resident who requires the application of dressings, including requirements for charting and evaluating on a weekly basis; 

(9) The requirements for conducting weekly evaluations of residents receiving skilled nursing care in residential care facilities. 

(B)  The public health council may adopt whatever additional rules are necessary to carry out or enforce the provisions of sections 3721.01 to 3721.09 and 3721.99 of the Revised Code. 

(C)  The following apply to the public health council when adopting rules under division (A)(2) of this section regarding the number and qualifications of personnel in homes: 

(1) When adopting rules applicable to residential care facilities, the public health council shall take into consideration the effect that the following may have on the number of personnel needed: 

(a) Provision of personal care services; 

(b) Provision of part-time, intermittent skilled nursing care pursuant to division (C) of section 3721.011 [3721.01.1] of the Revised Code; 

(c) Provision of skilled nursing care to hospice patients pursuant to division (D) of section 3721.011 [3721.01.1] of the Revised Code. 

(2) The rules prescribing qualifications of nurse aides used by long-term care facilities, as those terms are defined in section 3721.21 of the Revised Code, shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 
 

HISTORY: 128 v 645 (Eff 9-7-59); 131 v 890 (Eff 10-20-65); 132 v H 1 (Eff 2-21-67); 134 v H 1086 (Eff 12-30-72); 137 v H 234 (Eff 10-25-78); 139 v H 694 (Eff 11-15-81); 143 v H 253 (Eff 11-15-90); 143 v H 359 (Eff 3-13-90); 143 v H 822 (Eff 12-13-90); 145 v H 152 (Eff 7-1-93); 146 v H 117 (Eff 9-29-95); 146 v S 310. Eff 6-20-96; 151 v S 87, § 1, eff. 4-14-06.
 

The effective date is set by section 23 of SB 310. 

 

Effect of Amendments

151 v S 87, effective April 14, 2006, rewrote (C)(1).