2006 Ohio Revised Code - 3722.10. Rules for licensing and operation; advice as to compliance; delegation by director; entry for investigation.

§ 3722.10. Rules for licensing and operation; advice as to compliance; delegation by director; entry for investigation.
 

(A)  The public health council shall have the exclusive authority to adopt and shall adopt rules in accordance with Chapter 119. of the Revised Code governing the licensing and operation of adult care facilities. The rules shall specify: 

(1) Procedures for the issuance, renewal, and revocation of licenses and temporary licenses, for the granting and denial of waivers, and for the issuance and termination of orders of suspension of admission pursuant to section 3722.07 of the Revised Code; 

(2) The qualifications required for owners, managers, and employees of adult care facilities, including character, training, education, experience, and financial resources and the number of staff members required in a facility; 

(3) Adequate space, equipment, safety, and sanitation standards for the premises of adult care facilities, and fire protection standards for adult family homes as required by section 3722.041 [3722.04.1] of the Revised Code; 

(4) The personal, social, dietary, and recreational services to be provided to each resident of adult care facilities; 

(5) Rights of residents of adult care facilities, in addition to the rights enumerated under section 3722.12 of the Revised Code, and procedures to protect and enforce the rights of these residents; 

(6) Provisions for keeping records of residents and for maintaining the confidentiality of the records as required by division (B) of section 3722.12 of the Revised Code. The provisions for maintaining the confidentiality of records shall, at the minimum, meet the requirements for maintaining the confidentiality of records under Title XIX of the "Social Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations promulgated thereunder. 

(7) Measures to be taken by adult care facilities relative to residents' medication, including policies and procedures concerning medication, storage of medication in a locked area, and disposal of medication and assistance with self-administration of medication, if the facility provides assistance; 

(8) Requirements for initial and periodic health assessments of prospective and current adult care facility residents by physicians or other health professionals to ensure that they do not require a level of care beyond that which is provided by the adult care facility, including assessment of their capacity to self-administer the medications prescribed for them; 

(9) Requirements relating to preparation of special diets; 

(10) The amount of the fees for new and renewal license applications made pursuant to sections 3722.02 and 3722.04 of the Revised Code; 

(11) Measures to be taken by any employee of the state or any political subdivision of the state authorized by this chapter to enter an adult care facility to inspect the facility or for any other purpose, to ensure that the employee respects the privacy and dignity of residents of the facility, cooperates with residents of the facility and behaves in a congenial manner toward them, and protects the rights of residents; 

(12) How an owner or manager of an adult care facility is to comply with section 3722.18 of the Revised Code. The rules shall do at least both of the following: 

(a) Establish the procedures an owner or manager is to follow under division (A)(2) of section 3722.18 of the Revised Code regarding referrals to the facility of prospective residents with mental illness or severe mental disability and effective arrangements for ongoing mental health services for such prospective residents. The procedures may provide for any of the following: 

(i) That the owner or manager sign written agreements with the mental health agencies and boards of alcohol, drug addiction, and mental health services that refer such prospective residents to the facility. Each agreement shall cover all such prospective residents referred by the agency or board with which the owner or manager enters into the agreement. 

(ii) That the owner or manager and the mental health agencies and boards of alcohol, drug addiction, and mental health services that refer such prospective residents to the facility develop and sign a plan for services for each such prospective resident; 

(iii) Any other process regarding referrals and effective arrangements for ongoing mental health services. 

(b) Specify the date an owner or manager must begin to follow the procedures established by division (A)(12)(a) of this section. 

(13) Any other rules necessary for the administration and enforcement of this chapter. 

(B)  After consulting with relevant constituencies, the director of mental health shall prepare and submit to the director of health recommendations for the content of rules to be adopted under division (A)(12) of this section. The public health council shall adopt the rules required by division (A)(12) of this section no later than July 1, 2000. 

(C)  The director of health shall advise adult care facilities regarding compliance with the requirements of this chapter and with the rules adopted pursuant to this chapter. 

(D)  Any duty or responsibility imposed upon the director of health by this chapter may be carried out by an employee of the department of health. 

(E)  Employees of the department of health may enter, for the purposes of investigation, any institution, residence, facility, or other structure which has been reported to the department as, or that the department has reasonable cause to believe is, operating as an adult care facility without a valid license. 
 

HISTORY: 143 v H 253 (Eff 11-15-90); 144 v H 298 (Eff 7-26-91); 145 v H 152 (Eff 7-1-93); 148 v H 283. Eff 9-29-99.
 

The effective date is set by section 162 of HB 283.