3701-60-02 Definitions.

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