2006 Ohio Revised Code - 5123.04. Effective until 1-1-07.

§ 5123.04. Powers and duties of director generally.

(A)  The director of mental retardation and developmental disabilities is the executive head of the department of mental retardation and developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise is provided as to appointments by chiefs of divisions, the director shall appoint such employees as are necessary for the efficient conduct of the department, and shall prescribe their titles and duties. If the director is not a licensed physician, decisions relating to medical diagnosis and treatment shall be the responsibility of a licensed physician appointed by the director. 

(B)  The director shall adopt rules for the proper execution of the powers and duties of the department. 

(C)  The director shall adopt rules establishing standards that mental retardation programs and facilities shall follow when performing evaluations of the mental condition of defendants ordered by the court under section 2919.271 [2919.27.1] or 2945.371 [2945.37.1] of the Revised Code, and for the treatment of defendants who have been found incompetent to stand trial under section 2945.38 of the Revised Code, and certify the compliance of such programs and facilities with the standards. 

(D)  On behalf of the department, the director has the authority to, and responsibility for, entering into contracts and other agreements. 

(E)  The director shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: 

(1) Specify the supplemental services that may be provided through a trust authorized by section 1339.51 of the Revised Code; 

(2) Establish standards for the maintenance and distribution to a beneficiary of assets of a trust authorized by section 1339.51 of the Revised Code. 

(F)  The director shall provide monitoring of county boards of mental retardation and developmental disabilities. 

HISTORY: 138 v H 900 (Eff 7-1-80); 138 v H 965 (Eff 4-9-81); 140 v H 291 (Eff 7-1-83); 141 v H 475 (Eff 3-7-86); 141 v S 322 (Eff 4-4-86); 144 v H 536 (Eff 11-5-92); 144 v S 124 (Eff 4-16-93); 145 v S 21 (Eff 10-29-93); 145 v H 694 (Eff 11-11-94); 146 v S 2 (Eff 7-1-96); 146 v H 670 (Eff 12-2-96); 146 v S 285. Eff 7-1-97.

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