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Ohio Laws and Rules
As used in this chapter:
(A) “Applicant” means a person who is under final consideration for appointment or employment with a home health agency in a position as a person responsible for the care, custody, or control of a child, or a person who is under final consideration for employment with a home health agency in a full-time, part-time or temporary position providing direct care to an older adult. With regards to persons providing direct care to older adults, “applicant” does not include a person who provides direct care to an older adult as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(B) “BCII” means the bureau of criminal identification and investigation.
(C) “Chief administrator” means the individual in charge of the daily operation of the HHA or any employee of the HHA whom the chief administrator has designated as his representative pursuant to paragraph (B) of rule 3701-60-04 of the Administrative Code.
(D) “Child” means a person younger than eighteen years of age.
(E) “Criminal records check” means any criminal records check conducted by the superintendent of BCII in accordance with division (B) of section 109.572 of the Revised Code.
(F) “Department” means the department of health.
(G) “Direct care” means the provision of a service to an older adult or group of older adults that involves any service provided in an older adults’ place of residence.
(H) “Home health agency” or “HHA” has the same meaning as “home health agency” in section 3701.881 of the Revised Code.
(I) “Minor drug possession offense” has the same meaning as in section 2925.01 of the Revised Code.
(J) “Director” means the director of health or any division, bureau, or agency official or employee of the department to which the director has delegated his authority or duties.
(K) “FBI” means the federal bureau of investigation.
(L) “Offense of violence” means any of the following:
(1) A violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary manslaughter), 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault), 2903.21 (aggravated menacing), 2905.01 (kidnapping), 2905.02 (abduction), 2907.02 (rape), 2907.03 (sexual battery), former 2907.12 (felonious sexual penetration), 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2911.12 (burglary), 2919.25 (domestic violence), 2923.161 (improperly discharging firearm at or into habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function); or in the case of an individual providing direct care to an older adult, 2907.02 (extortion) of the Revised Code.
(2) A violation of an existing or former law of this or any other state or the united states, substantially equivalent to any section or division or offense listed in paragraph (L)(1) of this rule.
(3) An offense listed or described in paragraphs (A) and (B) of rule 3701-60-06 of the Administrative Code or an offense under an existing or former law of this or any other state, or the United States, that is substantially equivalent to any of those offenses committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons.
(M) “Older adult” means a person age sixty or older.
(N) “Repeat theft related offender” means a person who has been convicted of or pleaded guilty to the commission of any of the theft related offenses, listed or described in paragraph (S) of this rule, in two or more separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.
(O) “Repeat violent offender” means a person who has been convicted of or plead guilty to the commission of any of the offenses of violence listed or described in paragraph (L) of this rule, in two or more separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.
(P) “Sexually oriented offense” means any of the following offenses:
(1) Regardless of the age of the victim of the offense, a violation of section 2907.02 (rape), 2907.03 (sexual battery), 2707.05 (gross sexual imposition), or former2907.12 (felonious sexual penetration) of the Revised Code;
(2) Any of the following offenses involving a minor in the circumstances specified:
(a) A violation of section 2905.01 (kidnapping), 2905.02 (abduction), former 2905.04 (child stealing), or 2905.05 (criminal child enticement) of the Revised Code when the victim is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code (compelling prostitution) when the person who is compelled, induced, procured, encouraged, solicited, requested, or facilitated to engage in, paid, or agreed to be paid for, or allowed to engage in the sexual activity in question is under eighteen years of age;
(c) A violation of section 2907.321 of the Revised Code (pandering obscenity involving a minor) or section 2907.322 of the Revised Code (pandering sexually oriented matter involving a minor) when the applicant will be in a position as a person responsible for the care, custody or control of a child;
(d) A violation of section 2907.323 of the Revised Code (illegal use of a minor in nudity-oriented material or performance) when the applicant will be in a position involving the care, custody or control of a child;
(e) A violation of section 2919.22 of the Revised Code (endangering children) when the applicant will be in a position involving the care, custody or control of a child;
(f) A violation of division (A)(1) or (A)(3) of section 2907.321 of the Revised Code (pandering obscenity involving a minor) or a violation of division (A)(1) or (A)(3) of section 2907.322 of the Revised Code (pandering sexually oriented matter involving a minor) when the applicant is under final consideration for a position that will provide direct care to an older adult;
(g) A violation of division (A)(1) or (A)(2) of section 2907.323 of the Revised Code (illegal use of a minor in nudity-oriented material or performance) when the applicant is under final consideration for a position that will provide direct care to an older adult.
(3) Regardless of the age of the victim of the offense, a violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.11 (felonious assault), 2905.01 (kidnapping) or division (A) of section 2903.04 of the Revised Code (involuntary manslaughter) with a purpose to gratify the sexual needs or desires of the offender.
(4) Any sexually violent offense as defined in paragraph (Q) of this rule;
(5) A violation of any former law of this state that was substantially equivalent to any offense listed in paragraphs (P)(1) to (P)(4) of this rule;
(6) A violation of an existing or former law of another state or the United States, or a violation under the law applicable in a military court, that is or was substantially equivalent to any offense listed in paragraphs (P)(1) to (P)(5) of this rule.
(Q) “Sexually violent offense” means a violent sex offense, or a designated homicide, assault, or kidnapping offense for which the offender also was convicted of or pleaded guilty to a sexual motivation specification.
(1) “Designated homicide, assault, or kidnapping offense” means a violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.11 (felonious assault), or 2905.01 (kidnapping) of the Revised Code or a violation of division (A) of section 2903.04 (involuntary manslaughter) of the Revised Code;
(2) “Sexual motivation” means a purpose to gratify the sexual needs or desires of the offender.
(3) “Sexual motivation specification” means a specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with a designated homicide assault or kidnapping offense committed the offense with a sexual motivation.
(4) “Violent sex offense” means any of the following:
(a) A violation of section 2907.02 (rape), 2907.03 (sexual battery), or former 2907.12 (felonious sexual penetration) of the Revised Code;
(b) A felony violation of a former law of this state that is substantially equivalent to a violation listed in paragraph (Q)(4)(a) of this rule.
(R) “Superintendent” means the superintendent of BCII.
(S) “Theft related offense” means a violation of any of the following sections of the Revised Code: 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2911.12 (burglary), 2911.13 (breaking and entering), 2913.02 (theft, aggravated theft), 2913.03 (unauthorized use of a vehicle), 2913.04 (unauthorized use of property – computer, cable, or telecommunication property), 2913.11 (passing bad checks), 2913.21 (misuse of credit cards), 2913.31 (forging identification cards or selling or distributing forged identification cards), 2913.40 (medicaid fraud), 2913.43 (securing writings by deception), 2913.47 (insurance fraud), or 2913.51 (receiving stolen property).
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97
(A) Chapter 3701-60 of the Administrative Code applies only to persons who apply for employment with a home health agency in a position as a person responsible for the care, custody or control of a child on or after October 29, 1993, or to persons who apply for employment in a position involving the provision of direct care to an older adult on or after January 27, 1997, including:
(1) A person who is paid directly by a HHA;
(2) A person who contracts as an independent contractor with a HHA to provide direct care on behalf of the HHA;
(3) A person who provides direct care on behalf of a HHA pursuant to a contract between the HHA and another business entity; and
(4) A person referred to the HHA by a temporary employment service or staffing pool.
(B) The HHA shall conduct a criminal records check on any person employed by the HHA who applies for a position providing the care, control or custody of children on or after October 29, 1993, or for a position providing direct care of an older adult on or after January 27, 1997.
R.C. 119.032 review dates: 08/20/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/97 (Emer.), 10/24/97
(A) Except as otherwise provided in paragraph (H) of this rule, the chief administrator of a HHA shall request that the superintendent conduct a criminal records check with respect to each applicant. If the position may involve responsibility for the care, custody or control of a child, the provision of direct care to an older adult, or both, the chief administrator shall request that the superintendent conduct a single criminal records check for the applicant.
(B) The chief administrator of a HHA may designate a representative such as a director of nursing, medical director, or personnel officer to carry out the requirements of this rule on the chief administrator’s behalf. The chief administrator shall remain ultimately responsible for complying with the requirements of this rule.
(C) Residency requirement.
(1) If the applicant does not present proof of having been a resident of this state for the five year period immediately prior to the date the criminal records check is requested or provide evidence that within that five year period the superintendent has requested information about the applicant from the FBI in a criminal records check, the chief administrator of the HHA shall request that the superintendent obtain information from the FBI as part of the criminal records check of the applicant.
(2) Even if the applicant presents proof of having been a resident of this state for the five year period or proof of an FBI criminal records check as specified in paragraph (C)(1) of this rule, the HHA may request that the superintendent include information from the FBI in the criminal records check.
(D) Investigation fee.
(1) A HHA shall pay to the BCII the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to that section.
(2) A HHA may charge an applicant a fee not exceeding the amount the HHA pays under paragraph (D)(1) of this rule. A HHA may collect a fee only if both of the following apply:
(a) The HHA notifies the person at the time of the initial application for employment of the amount of the fee and that, unless the fee is paid by the person, the person will not be considered for employment;
(b) The medical assistance program established under Chapter 5111. of the Revised Code does not reimburse the HHA for the fee it pays under paragraph (D)(1) of this rule.
(E) Notification to the applicant. The chief administrator of the HHA shall inform each individual, at the time of initial application for a position that involves providing for the care, custody, or control of a child or for a position that involves providing direct care to an older adult:
(1) That the individual is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment;
(2) If applicable, the fee required under paragraph (D)(2) of this rule; and;
(3) Any fees authorized under division (C)(2) of section 109.572 of the Revised Code that are associated with obtaining fingerprint impressions.
(F) Criminal records check forms. The chief administrator of a HHA required by this rule to request a criminal records check shall do all of the following:
(1) Provide each applicant a copy of the form(s) prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet, or instructions for acquiring a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section.
(a) An applicant who meets the residency requirement shall be provided a copy of the BCII “civilian identification” form for fingerprint impressions; in addition, if the HHA chooses to do so, the applicant may also be provided an FBI “applicant” fingerprint impression form;
(b) An applicant who does not meet the residency requirement, specified in paragraph (C) of this rule, shall be provided both the BCII and FBI fingerprint impression forms.
(2) Obtain the completed form(s) and fingerprint impression sheet(s) from the applicant;
(3) Forward the completed form(s) and fingerprint impression sheet(s) to the superintendent.
(a) The HHA shall submit the completed forms in the method prescribed by BCII.
(b) The HHA shall submit all applicable fees with completed forms or arrange for payment in a method prescribed by BCII prior to submitting forms for processing.
(G) An applicant provided the forms and fingerprint impression sheets under paragraph (F)(1) of this rule, who fails to complete the forms or to provide fingerprint impressions, shall not be employed in any position for which a criminal records check is required by this rule.
(H) Exception to criminal records check requirement. The HHA is not required to request that the superintendent conduct a criminal records check of an applicant if the applicant has been referred to the HHA by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults if both of the following apply:
(1) The chief administrator receives from the employment service, or the applicant, a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant’s referral; and
(2) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in paragraph (A) of rule 3701-60-06 of the Administrative Code.
(I) A HHA must request that the superintendent conduct a criminal record check of an applicant who is under final consideration for appointment or employment in a position as a person responsible for the care, custody and control of a child, even if the applicant has been referred by an employment service and meets the criteria set forth in paragraphs (H)(1) and (H)(2) of this rule.
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97
(A) A HHA may employ an applicant conditionally prior to obtaining a criminal records check regarding the applicant if the following requirements are met:
(1) The HHA shall not employ an applicant prior to obtaining the completed form(s) and fingerprint impression sheet(s) from the applicant as required in paragraph (F) of rule 3701-60-04 of the Administrative Code. For purposes of this prohibition, the applicant cannot perform or participate in any job related activity pertaining to a position involving the provision of direct care to an older adult that places the applicant in an active pay status or perform or participate in any job related activity pertaining to a position involving the care, custody or control of a child that places the applicant in an active pay status.
(2) The HHA shall initiate the process of obtaining a criminal records check, by submitting the request to BCII not later than five business days after the individual begins conditional employment.
(B) The HHA shall terminate the individual’s conditional employment if:
(1) In the case of an applicant for a position involving the direct care of an older adult, the results of the records check, other than the results of any request for information from the FBI, are not obtained within thirty days after the date the request is made; or
(2) The results or any part of the records check indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in paragraph (A) of rule 3701-60-06 of the Administrative Code, unless the HHA chooses to employ the applicant pursuant to rule 3701-60-07 of the Administrative Code.
(C) Termination under paragraph (B) of this rule shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the HHA about the individual’s criminal record.
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97
(A) Except as provided in rule 3701-60-07 of the Administrative Code, no HHA shall employ a person in a position that involves the care, custody or control of a child if the person has been convicted of or pleaded guilty to:
(1) A violation of any of the following sections of the Revised Code:
(a) 2903.01 — Aggravated murder
(b) 2903.02 — Murder
(c) 2903.03 — Voluntary manslaughter
(d) 2903.04 — Involuntary manslaughter
(e) 2903.11 — Felonious assault
(f) 2903.12 — Aggravated assault
(g) 2903.13 — Assault
(h) 2903.16 — Failing to provide for a functionally impaired person
(i) 2903.21 — Aggravated menacing
(j) 2903.34 — Patient abuse or neglect
(k) 2905.01 — Kidnapping
(l) 2905.02 — Abduction
(m) Former 2905.04 — Child stealing
(n) 2905.05 — Criminal child enticement
(o) 2907.02 — Rape
(p) 2907.03 — Sexual battery
(q) 2907.04 — Unlawful sexual contact with minor
(r) 2907.05 — Gross sexual imposition
(s) 2907.06 — Sexual imposition
(t) 2907.07 — Importuning
(u) 2907.08 — Voyeurism
(v) 2707.09 — Public indecency
(w) Former 2907.12 — Felonious sexual penetration
(x) 2907.21 — Compelling prostitution
(y) 2907.22 — Promoting prostitution
(z) 2907.23 — Procuring
(aa) 2907.25 — Prostitution – after positive HIV test
(bb) 2907.31 — Disseminating matter harmful to juveniles
(cc) 2907.32 — Pandering obscenity
(dd) 2907.321 — Pandering obscenity involving a minor
(ee) 2907.322 — Pandering sexually oriented matter involving a minor
(ff) 2907.323 — Illegal use of a minor in nudity oriented material or performance
(gg) 2911.01 — Aggravated robbery
(hh) 2911.02 — Robbery
(ii) 2911.11 — Aggravated burglary
(jj) 2911.12 — Burglary
(kk) 2919.12-Unlawful abortion
(ll) 2919.22 — Endangering children
(mm) 2919.24 — Contributing to the unruliness or delinquency of a child
(nn) 2919.25 — Domestic violence
(oo) 2923.12 — Carrying concealed weapons
(pp) 2923.13 — Having weapons while under a disability
(qq) 2923.161 — Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function
(rr) 2925.02 — Corrupting another with drugs
(ss) 2925.03 — Trafficking, aggravated trafficking in drugs
(tt) 2925.04 — Illegal manufacture of drugs
(uu) 2925.05 — Funding, aggravated funding of drugs or marihuana trafficking
(vv) 2925.06 — Illegal administration or distribution of anabolic steroids
(ww) 2925.11 — Possession of controlled substances
(xx) 3716.11 — Placing harmful or hazardous objects in food or confection; or
(2) An existing or former law of this state, any other state or the United States that is substantially equivalent to any of the offenses or violations described above also disqualifies an applicant from the position.
(B) Except as provided in rule 3701-60-07 of the Administrative Code no HHA shall employ a person in a position that involves providing direct care to an older adult if the person has been convicted or pleaded guilty to:
(1) A violation of any of the following sections of the Revised Code:
(a) 2903.01 — Aggravated murder
(b) 2903.02 — Murder
(c) 2903.03 — Voluntary manslaughter
(d) 2903.04 — Involuntary manslaughter
(e) 2903.11 — Felonious assault
(f) 2903.12 — Aggravated assault
(g) 2903.13 — Assault
(h) 2903.16 — Failing to provide for a functionally impaired person
(i) 2903.21 — Aggravated menacing
(j) 2903.34 — Patient abuse or neglect
(k) 2905.01 — Kidnapping
(l) 2905.02 — Abduction
(m) 2905.11 — Extortion
(n) 2905.12 — Coercion
(o) 2907.02 — Rape
(p) 2907.03 — Sexual battery
(q) 2907.05 — Gross sexual imposition
(r) 2907.06 — Sexual imposition
(s) 2907.07 — Importuning
(t) 2907.08 — Voyeurism
(u) 2907.09 — Public indecency
(v) Former 2907.12 — Felonious sexual penetration
(w) 2907.25 — Prostitution – after positive HIV test
(x) 2907.31 — Disseminating matter harmful to juveniles
(y) 2907.32 — Pandering obscenity
(z) 2907.321 — Pandering obscenity involving a minor
(aa) 2907.322 — Pandering sexually oriented matter involving a minor
(bb) 2907.323 — Illegal use of a minor in nudity-oriented material or performance
(cc) 2911.01 — Aggravated robbery
(dd) 2911.02 — Robbery
(ee) 2911.11 — Aggravated burglary
(ff) 2911.12 — Burglary
(gg) 2911.13 — Breaking and entering
(hh) 2913.02 — Theft
(ii) 2913.03 — Unauthorized use of a vehicle
(jj) 2913.04 — Unauthorized use of property – computer, cable or telecommunication property
(kk) 2913.11 — Passing bad checks
(ll) 2913.21 — Misuse of credit cards
(mm) 2913.31 — Forging identification cards or selling or distributing forged identification cards
(nn) 2913.40 — Medicaid fraud
(oo) 2913.43 — Securing writings by deception
(pp) 2913.47 — Insurance fraud
(qq) 2913.51 — Receiving stolen property
(rr) 2919.25 — Domestic violence
(ss) 2921.36 — Illegal conveyance of weapons, drugs or other prohibited items onto grounds of detention facility or institution
(tt) 2923.12 — Carrying concealed weapons
(uu) 2923.13 — Having weapons while under disability
(vv) 2923.161 — Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function
(ww) 2925.02 — Corrupting another with drugs
(xx) 2925.03 — Trafficking, aggravated trafficking in drugs
(yy) 2925.11 — Possession of controlled substances
(zz) 2925.13 — Permitting drug abuse
(aaa) 2925.22 — Deception to obtain a dangerous drug
(bbb) 2925.23 — Illegal processing of drug documents
(ccc) 3716.11 — Placing harmful or hazardous objects in food or confection; or
(2) A violation of an existing or former law of this state, any other state or the United States that is substantially equivalent to any of the offenses or violations described in paragraph (A)(1) of this rule.
(C) Pardons. A conviction or a plea of guilty to an offense listed or described in paragraph (A) of this rule shall not prevent an applicant’s employment under any of the following circumstances:
(1) The applicant has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code;
(2) The applicant has been granted an unconditional pardon for the offense pursuant to an existing or former law of this state, any other state, or the United States, if the law is substantially equivalent to Chapter 2967. of the Revised Code;
(3) The conviction or guilty plea has been set aside pursuant to law; or
(4) The applicant has been granted a conditional pardon for the offense pursuant to Chapter 2967. of the Revised Code, and the conditions under which the pardon was granted have been satisfied.
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/97 (Emer.), 10/24/97
(A) A HHA may employ an applicant who has been convicted of or pleaded guilty to an offense listed in paragraph (A) of rule 3701-60-06 of the Administrative Code in a position involving direct care to an older adult or the care, custody or control of a child if all of the following standards are met:
(1) If the position involves direct care to older adults, the applicant is not a repeat theft related offender as defined in paragraph (N) of rule 3701-60-02 of the Administrative Code;
(2) The applicant is not a repeat violent offender as defined in paragraph (O) of rule 3701-60-02 of the Administrative Code;
(3) The offense is not a sexually oriented offense as defined in paragraph (P) of rule 3701-60-02 of the Administrative Code;
(4) The offense is not a violation of any of the following sections of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States, if the offense is substantially equivalent to the offenses or violations described in the following sections of the Revised Code; 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.34 (patient abuse or neglect), or 3716.11 (placing harmful or hazardous objects in food or confection);
(5) If the offense is an offense of violence as defined in paragraph (L) of rule 3701-13-02 of the Administrative Code, other than one listed in paragraph (A)(4) of this rule; and
(a) The victim of the offense was not an older adult or a child and;
(b) At least five years have elapsed since the applicant was fully discharged from imprisonment, probation and parole;
(6) If the offense is not one of violence as defined in paragraph (L) of rule 3701-60-02 of the Administrative Code; and
(a) The applicant is either discharged from imprisonment, sentenced to probation, or is on parole, and is complying with all conditions specific to the discharge, probation, or parole; or
(b) The applicant provides proof that all conditions regarding fulfillment of sentencing requirements are being met; and
(7) The applicant’s character is such that it is unlikely that the applicant will harm an older adult. In making that determination, the chief administrator shall consider the following factors for each offense:
(a) The applicant’s age at the time of the offense;
(b) Regardless of whether the applicant knew the victim prior to the committing of the offense, the age and mental capacity of the victim;
(c) The nature and seriousness of the offense;
(d) The number of previous offenses or length of time since the most recent conviction or guilty plea;
(e) The degree to which the applicant participated in the offense and the degree to which the victim contributed to or provoked the offense;
(f) The likelihood that the circumstances leading to the offense will reoccur;
(g) The extent to which the position applied for provides an opportunity for the commission of an offense listed or described in rule 3701-60-06 of the Administrative Code;
(h) The applicant’s employment record;
(i) The applicant’s efforts at rehabilitation and the results of those efforts;
(j) If known, whether the applicant has been convicted of or pleaded guilty to any violation of an existing or former municipal ordinance substantially equivalent to any offense listed or described in rule 3701-60-06 of the Administrative Code;
(k) Whether any criminal proceedings are pending; and
(l) Any other factors related to the position that the chief administrator considers relevant to the performance of job duties.
(B) If the applicant fails to provide proof that the personal character standards listed in this paragraph are met, or if the HHA determines that the proof offered by the applicant is inconclusive, the applicant shall not be employed in a position that involves providing direct care to an older adult or that involves the care, custody or control of a child.
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97
(A) Criminal record check disclosure. The report of the criminal records check conducted pursuant to a request made under this chapter is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual’s representative;
(2) The chief administrator of the HHA requesting the criminal records check or the administrator’s representative;
(3) Any court, hearing officer or other necessary individual involved in a case dealing with the denial of employment of the applicant.
(B) Personnel record. The HHA shall maintain the criminal records report in a confidential manner either sealed within, or separate from, but a part of the personnel record.
(C) Attestation. The HHA shall, upon request, provide to the director, written confirmation of compliance with the provisions of this rule in a format that is specified by the director and is consistent with state law.
(D) Documentation of compliance. The HHA shall maintain an applicant log separate from the personnel record which shall be accessible to the director and shall contain the following information:
(1) The name of each applicant;
(2) Application date;
(3) The date the applicant starts work;
(4) The date the criminal records check request is submitted to BCII;
(5) The type(s) of criminal records checks required (BCII, FBI, or both);
(6) The date(s) the BCII and FBI checks are received or, for referred applicants or applicants employed pursuant to a contract, the date a copy of the report of the criminal records check is provided to the HHA for its records;
(7) The date the report is completed by BCII, “date of original record check”.
(8) Whether the applicant was hired pursuant to the personal character standards or the rehabilitation standards listed in rule 3701-60-07 of the Administrative Code;
(9) Final disposition of the applicant; and
(10) Whether the applicant was terminated pursuant to paragraph (B)(1), paragraph (B)(2) or paragraph (C) of rule 3701-60-05 of the Administrative Code.
Effective: 11/12/2007
R.C. 119.032 review dates: 08/28/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97
In a tort or other civil action for damages that is brought as the result of an injury, death or loss to person or property caused by an individual who a HHA employs in a position that involves providing direct care to older adults, the following shall apply:
(A) If the HHA employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this chapter, the HHA shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(B) If the HHA employed the individual in good faith on a conditional basis pursuant to rule 3701-60-05 of the Administrative Code, the HHA shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this chapter;
(C) If the HHA in good faith employed the individual according to the personal character standards adopted under rule 3701-60-07 of the Administrative Code, the HHA shall not be negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in rule 3701-60-06 of the Administrative Code.
R.C. 119.032 review dates: 08/20/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/97 (Emer.), 10/24/97
As authorized by the applicable state laws and rules governing the specific HHA, the department may take appropriate action against a home health provider that violates the requirements of Chapter 3701-60 of the Administrative Code and the authorizing sections of the Revised Code applicable to the specific HHA.
R.C. 119.032 review dates: 08/20/2007 and 08/01/2012
Promulgated Under: 119.03
Statutory Authority: 3701.881
Rule Amplifies: 3701.881
Prior Effective Dates: 7/24/97 (Emer.), 10/24/97