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Ohio Laws and Rules
(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