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Ohio Laws and Rules
(A) The purpose of this rule is to protect and enhance the rights of persons applying for or receiving mental health services by establishing specific rights of clients and procedures for responsive and impartial resolution of client grievances.
(B) The provisions of this rule are applicable to each contract agency and community mental health board.
(C) Definitions
(1) “Client” means an individual applying for or receiving mental health services from a board or mental health agency.
(2) “Client rights officer” means the individual designated by a mental health agency or board with responsibility for assuring compliance with the client rights and grievance procedure rule as implemented within each agency or board. For these purposes the individual holds the specific title of client rights officer.
(3) “Contract agency” means a public or private service provider with which a community mental health board enters into a contract for the delivery of mental health services. A board which is itself providing mental health services is subject to the same requirements and standards which are applicable to contract agencies, as specified in rule 5122:2-1-05 of the Administrative Code.
(4) “Grievance” means a written complaint initiated either verbally or in writing by a client or by any other person or agency on behalf of a client regarding denial or abuse of any client’s rights.
(5) “Mental health services” means any of the services, programs, or activities named and defined in rule 5122:2-1-01 of the Administrative Code. Mental health services include both direct client services and community services. Direct client services are listed and defined in paragraphs (D)(1) to (D)(10) of rule 5122:2-1-01 of the Administrative Code. Community services are listed and defined in paragraphs (D)(11) to (D)(15) of rule 5122:2-1-01 of the Administrative Code.
(D) Client rights. Except for clients receiving forensic evaluation service as defined in paragraph (D)(9) of rule 5122:2-1-01 of the Administrative Code, from a certified forensic center, each client has all of the following rights as listed in paragraphs (D)(1) to (D)(22) of this rule. Rights of clients receiving only a forensic evaluation service from a certified forensic center are specified in paragraph (E) of this rule.
(1) The right to be treated with consideration and respect for personal dignity, autonomy, and privacy;
(2) The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;
(3) The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of the alternatives;
(4) The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client;
(5) The right to a current, written, individualized service plan that addresses one’s own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
(6) The right to active and informed participation in the establishment, periodic review, and reassessment of the service plan;
(7) The right to freedom from unnecessary or excessive medication;
(8) The right to freedom from unnecessary restraint or seclusion;
(9) The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the client’s participation in other services. This necessity shall be explained to the client and written in the client’s current service plan;
(10) The right to be informed of and refuse any unusual or hazardous treatment procedures;
(11) The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recorders, televisions, movies, or photographs;
(12) The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one’s own expense;
(13) The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with rule 5122:2-3-11 of the Administrative Code;
(14) The right to have access to one’s own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client’s treatment plan. “Clear treatment reasons” shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records;
(15) The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;
(16) The right to receive an explanation of the reasons for denial of service;
(17) The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay;
(18) The right to know the cost of services;
(19) The right to be fully informed of all rights;
(20) The right to exercise any and all rights without reprisal in any form including continued and uncompromised access to service;
(21) The right to file a grievance; and
(22) The right to have oral and written instructions for filing a grievance.
(E) Client rights. Each client receiving a forensic evaluation service from a certified forensic center has the rights specified in paragraphs (E)(1) to (E)(12) of this rule.
(1) The right to be treated with consideration and respect for personal dignity;
(2) The right to be evaluated in a physical environment affording as much privacy as feasible;
(3) The right to service in a humane setting which is the least restrictive feasible if such setting is under the control of the forensic center;
(4) The right to be informed of the purpose and procedures of the evaluation service;
(5) The right to consent to or refuse the forensic evaluation services and to be informed of the probable consequences of refusal;
(6) The right to freedom from unnecessary restraint or seclusion if such restraint or seclusion is within the control of the forensic center;
(7) The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recordings, televisions, movies, or photographs, unless ordered by the court, in which case the client must be informed of such technique;
(8) The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay;
(9) The right to be fully informed of all rights;
(10) The right to exercise any and all rights without reprisal in any form;
(11) The right to file a grievance;
(12) The right to have oral and written instructions for filing a grievance including an explanation that the filing of a grievance is exclusively an administrative proceeding within the mental health system and will not affect or delay the outcome of the criminal charges.
(F) Client rights procedures
(1) Each agency and each board which itself provides mental health services must have a written client rights policy which contains the following:
(a) Specification of the client rights as listed in paragraphs (D)(1) to (D)(22) and/or
(E)(1) to (E)(12) of this rule;
(b) The name, title, location, hours of availability, and telephone number of the client rights officer with a statement of that person’s responsibility to accept and oversee the process of any grievance filed by a client or other person or agency on behalf of a client; and
(c) Assurance that staff will explain any and all aspects of client rights and the grievance procedure upon request.
(2) A copy of the client rights policy must be distributed to each applicant or client at the intake or next subsequent appointment in writing and orally. Each agency policy shall specify how distribution shall be accomplished, and shall include:
(a) Provision that in a crisis or emergency situation, the client or applicant shall be verbally advised of at least the immediately pertinent rights, such as the right to consent to or to refuse the offered treatment and the consequences of that agreement or refusal. Written copy and full verbal explanation of the client rights policy may be delayed to a subsequent meeting; and
(b) Provision that clients or recipients of the type of mental health services specified as “community services” (information and referral service, consultation service, mental health education service, prevention service, training service; see paragraphs (D)(11) to (D)(15) of rule 5122:2-1-01 of the Administrative Code) may have a copy and explanation of the client rights policy upon request.
(3) A copy of the client rights policy shall be posted in a conspicuous location in each building operated by the agency.
(4) Each agency shall provide that every staff person, including administrative and support staff, is familiar with all specific client rights and the grievance procedure.
(G) Grievance procedure
(1) Each agency and each board which itself provides mental health services must have a written grievance procedure which provides for the following:
(a) Assistance in filing the grievance if needed by the griever, investigation of the grievance on behalf of the griever, and agency representation for the griever at the agency hearing on the grievance if desired by the griever. The grievance procedure shall clearly specify the name, title, location, hours of availability, and telephone number of the person(s) designated to provide the above activities;
(b) An explanation of the process from the original filing of the grievance to the final resolution, which shall include reasonable opportunity for the griever and/or his designated representative to be heard by an impartial decision-maker;
(c) A specification of time lines for resolving the grievance not to exceed twenty working days from the date of filing the grievance;
(d) A specification that written notification and explanation of the resolution will be provided to the client, or to the griever if other than the client, with the client’s permission;
(e) Opportunity to file a grievance within a reasonable period of time from the date the grievance occurred;
(f) A statement regarding the option of the griever to initiate a complaint with any or all of several outside entities, specifically the community mental health board, the Ohio department of mental health, the Ohio legal rights service, the U.S. department of health and human services, and appropriate professional licensing or regulatory associations. The relevant addresses and telephone numbers shall be included;
(g) Provision for providing, upon request, all relevant information about the grievance to one or more of the organizations specified in paragraph (G)(1)(f) of this rule to which the griever has initiated a complaint.
(2) Each agency shall make provision for posting the grievance procedure in a conspicuous place and for distributing a copy of the written grievance procedure (see paragraph (G)(1) of this rule) to each applicant and each client, upon request.
(3) Each agency shall make provision for prompt accessibility of the client rights officer to the griever.
(4) Each agency shall provide alternative arrangements for situations in which the client rights officer is the subject of the grievance.
(5) Each agency shall provide that every staff person, including administrative, clerical, and support staff, has a clearly understood, specified, continuing responsibility to immediately advise any client or any other person who is articulating a concern, complaint, or grievance, about the name and availability of the agency’s client rights officer and the complainant’s right to file a grievance.
(6) Each agency shall provide for the client rights officer to take all necessary steps to assure compliance with the grievance procedure.
(H) Community mental health board procedure
(1) Each community mental health board shall assure in its community plan that each contract agency has a grievance procedure in place which meets the requirements of this rule.
(2) Each community mental health board must establish a procedure for addressing client rights complaints. This procedure must include:
(a) Provision for accessing agency information relevant to the complaint;
(b) Provision of written copy of the board’s grievance procedure to be available on request;
(c) Specification of time lines for a resolution of the grievance, not to exceed twenty working days from the date the grievance is filed;
(d) Provision for written notification and explanation of the resolution to be provided to the client, or to the griever if other than the client, with the client’s permission;
(e) A statement regarding the option of the griever to further grieve with any or all of the following: Ohio department of mental health, Ohio legal rights service, U.S. department of health and human services. Appropriate professional licensing or regulatory boards’ relevant names, addresses, and telephone numbers shall be included;
(f) Provision for providing, upon request, relevant information about the grievance to one or more of the organizations specified in paragraph (H)(2)(e) of this rule to which the griever has initiated a complaint.
(I) Implementation and monitoring
(1) Any board or any agency may accomplish its responsibilities in regard to the provisions of this rule through utilization of its own staff or board members as appropriate, or through agreement with outside staff, agencies, or organizations, except that:
(a) Each agency and each board must assure prompt accessibility of the client rights officer.
(b) The utilization of outside persons must be clearly explained to clients, applicants, and grievers.
(2) The agency client rights officer shall assure the keeping of records of grievances received, the subject matter of the grievances, and the resolution of the grievances. The agency records shall be available for review by the community mental health board and the department of mental health upon request.
(3) The community mental health board shall review annually the implementation of the client rights policy and grievance procedures for each of its contract agencies, and shall receive annually from each agency the client rights officer’s summary of the number of grievances received, type of grievances, and resolution status of grievances.
The board shall also keep records of grievances it receives, the subject of the grievances, and the resolution of each, and shall assure the availability of these records for review by the department of mental health upon request. The board shall summarize annually its records to include number of grievances received, types of grievances, and resolution status.
(4) The department of mental health shall periodically review the implementation of client rights policy and grievance procedures in each board area. Within one hundred eighty days of the effective date of this rule, each board and agency shall send to the department of mental health its written client rights policy and grievance procedures for approval by the department. Subsequent substantive changes to such written policy and procedures shall also be submitted to and approved by the department before enactment.
The department of mental health shall receive from each community mental health board the annual summaries provided by the agencies to the board, and the board’s own annual summary. The department shall prepare and distribute an annual report of grievance summaries.
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 5119.61, 5119.01
Rule Amplifies: 5119.61, 5119.01
Prior Effective Dates: 4/9/87
(A) The purpose of this rule is to establish the criteria and procedures for department of mental health authorization of the withdrawal by one or more board(s) of county commissioners from participation in a joint-county community mental health board.
(B) The provisions of this rule are applicable to all counties which participate in joint-county community mental health boards and particularly to each board of county commissioners which proposes to withdraw from a joint-county board.
(C) Procedures for requesting withdrawal.
(1) The board(s) of county commissioners of the county or counties requesting withdrawal shall submit to the director of the department of mental health and to the commissioners and mental health boards of each county in the joint-county board a resolution of the county commissioners requesting withdrawal together with a comprehensive written plan which shall include:
(a) Reasons for requesting such withdrawal;
(b) Description of the proposed new board service district and a map showing all relevant civil subdivisions, major lines of transportation, and location of mental health, health, and social service agencies in the proposed new board district to be comprised of or to include the withdrawing county(ies);
(c) Analysis and projection of the demographic and organizational elements to be affected including
(i) Projection, for at least four years from the proposed first year, of the populations in the proposed new and remaining board service districts, respectively, and
(ii) Identification of any existing contractual networks of mental health service programs which cross county boundaries and which would be disrupted if the proposed withdrawal occurs; and if a disruption is contemplated, a plan to assure continued service to clients must be included in the general plan;
(d) Evidence of the adequacy of community interest and of potential resources in the proposed new board service district, including the endorsement of civic and professional leaders and the adequacy of funding resources within the proposed new board service district, to support the organization and delivery of mental health services and programs which meet at least the minimum program standards of the department, including services to client population groups in the district that are designated by the department for high priority (such as the severely mentally disabled population group);
(e) Evidence that relevant community organizations, including at least all mental health, health, and social service agencies within the proposed new board service district, have been informed in writing of the proposed new board service district, its population and funding resources in relation to ability to provide needed services in accordance with the approved board comprehensive annual plan as required by section 340.03 of the Revised Code, and that these agencies have been invited to submit written comments to the board(s) of county commissioners in the proposed new board service district; and
(f) Evidence that a public hearing has been announced to all relevant agencies and to the general public within the proposed new board service district to be comprised of or to include the withdrawing county(ies), that such a public hearing has been conducted, and evidence of all written commments and other testimony received.
(g) Evidence that any county withdrawing from a joint-county board would continue to have levied against its tax list and duplicate any tax levied by the district during the period in which the county was a member of the joint-county board until such time as the levy expires or is renewed.
(h) Evidence of the provision for the equitable adjustment and division of all mental health services, assets, property, debts, and obligations, if any, of the joint-county district.
(2) If the population within the proposed new board service district or within the remaining part of the existing joint-county district would be less than fifty thousand
(according to the most up-to-date count, estimate, or projection of county populations that is reported by the data users center of the department of community development) during approximately the next five years, including the fiscal year when the withdrawal plan would become effective, the standards and procedures in rule 5122:2-1-02 of the Administrative Code must be complied with for establishing a district with a population of less than fifty thousand.
(D) Review by the department
(1) On receipt of the written proposed plan by the department, the director shall consider the request for withdrawal to assure:
(a) Compliance with all required standards and procedures in paragraph (C) of this rule;
(b) That relevant organizations and the general public have had the opportunity for comment and that all substantive, relevant questions, issues, and complaints have been appropriately resolved;
(c) That the remaining county or counties from which the withdrawal is proposed are able to assure continuation of services and programs which meet at least minimum program standards of the department.
(2) However, if substantive issues have not been resolved, or the proposed plan is not generally endorsed, or if the director has reason to believe the proposed plan is not in the best interest of the citizens of the county or the currently existing district, the director may, within thirty days of receipt of the proposed plan, request that a hearing be held to examine the relevant facts and opinions in order to make a decision. The hearing process shall be as follows:
(a) Reasonable public notice shall be given prior to the date set for the hearing and shall include:
(i) A statement that the department of mental health will hold a hearing on the proposed plan for withdrawal of one or more county(ies) from a joint-county district, and
(ii) The date, time and place of the hearing. All efforts will be made to hold the hearing in the county(ies) requesting withdrawal.
(b) On the date, time and place designated in the notice, the department of mental health will conduct a hearing at which any person or representative of any organization affected by the proposed action of the county may appear and be heard in person. Written or oral comment may be provided.
(c) The director shall designate a hearing officer to preside at said hearing. Such officer shall review the testimony and make a recommendation within thirty days to the director.
(3) The director shall notify the requesting board(s) of county commissioners of the department’s approval or disapproval of the proposed plan in writing within sixty days after the department’s receipt of the proposed plan for withdrawal, or within sixty days after the date of the hearing.
(4) No county participating in a joint-county community mental health service district may withdraw therefrom without the consent of the director nor earlier than one year after the submission of such resolution unless all of the participating counties agree to an earlier withdrawal.
Replaces: 5122:2-1-05
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 340.01, 5119.01, 5119.61
Rule Amplifies: 340.01, 5119.01, 5119.61
Prior Effective Dates: 5/1/68, 9/24/84
(A) Purpose. The purpose of this rule is to establish a procedure for the Ohio department of mental health appointment of members of community mental health boards including reasonable notification of the interested public.
(B) Procedure
(1) When a vacancy becomes available for department appointment or reappointment to a community mental health board (CMHB), the CMHB shall notify the following groups:
(a) Office of the commissioner of mental health and forensic services;
(b) All agencies funded totally or in part by department of mental health funds within the jurisdiction of the board;
(c) College/university departments of mental health training, medical colleges/departments of psychiatry, local chapters of state psychiatric, psychological, social work and nursing associations, mental health association, and other interested consumer groups who request notification in the board’s area of jurisdiction.
(d) In addition, public notification through posting, media, etc., may be employed to assure reasonable notification of the interested public.
(2) Notification of the groups specified in paragraphs (B)(1)(a) to (B)(1)(d) of this rule should include:
(a) Eligibility requirements for board membership under section 340.02 of the Revised Code;
(b) Duties and responsibilities of a CMHB member as defined by statute;
(c) Length of time of appointment;
(d) Specific requirements for the board vacancy which is under consideration, if such requirements are present, e.g.;
(i) Psychiatrist/physician.
(ii) Mental health professional as defined by rules of the department.
(iii) County residency requirement in a multi-county board area.
(e) Procedure and time limits for application;
(f) Process of obtaining state application form for appointment;
(g) Application and selection procedure as described in paragraph (B)(3) of this rule.
(3) (a) Applications shall be prepared on the form shown in “Appendix A” to this rule.
(See “Appendix A.”) The director may at his discretion delegate to the CMHB the receipt of applications, review and screening of applications, and interviewing of applicants. Notice of this delegation of authority shall be given to the CMHB in written form with directions for forwarding to the department the results of these activities. A copy of the notice of delegation is provided in “Appendix B.”
(b) The director will evaluate eligible candidates with the following priorities:
(i) Statutory requirements regarding appointment of a psychiatrist/physician and mental health professional;
(ii) Effort to balance the composition of the board.
The director will appoint an eligible candidate or may seek additional applications in order to meet the priorities of paragraph (B)(3)(c) of this rule.
(C) The names, occupations, and length of service of all current board members at the time of adoption of this rule shall be forwarded to the department as of the effective date of this rule. An updated list forwarded to the department will be required when any appointments are requested.
Appendix A
See IMAGE at http://www.mh.state.oh.us/legaldiv/general/rules.html
Mental Health Professional DEFINITIONS:
1. An individual who qualifies as a ‘Psychiatrist’ as defined in Division (E) of Section 5122.01 of the Revised Code.
2. An individual who qualifies as a ‘Licensed Psychologist’ as defined in Division (F) of Section 4732.01 of the Revised Code.
3. An individual who has had at least two years of clinical experience with emotionally disturbed persons under the supervision of a mental health professional, such experience occurring after the completion of a Master’s Degree or Doctoral Degree, or both, and who possesses one of the following sets of credentials:
(a) A Master’s or Doctoral Degree, or both, in Psychiatric Nursing from an accredited university plus a license as a Registered Nurse issued pursuant to Section 4723.13 or 4723.14 of the Revised Code.
(b) A Master’s or Doctoral Degree, or both, in Social Work from a university accredited by the Council on Social Work Education.
4. An individual who has had at least two years of clinical experience with emotionally disturbed persons under the supervision of a mental health professional, such experience occuring after the completion of a Master’s Degree or Doctoral Degree, or both, and who possesses one of the following sets of credentials:
(a) A Master’s or Doctoral Degree, or both, in Psychology from an accredited university, provided that nothing in this Rule shall be construed to exempt an individual who qualifies under this sub-paragraph from complying with the statutory and administrative rule provisions governing the practice of psychology in this state:
(b) A Master’s or Doctoral Degree, or both, in Counseling and Guidance from an accredited university;
(c) A Master’s or Doctoral Degree, or both, in Pastoral Counseling from accredited university;
(d) A Master’s or Doctoral Degree, or both, in Rehabilitation Counseling from an accredited university.
Additional information required for psychiatrist/physician/mental health professional.
1. Psychiatrist, Licensed Psychologist, Physician (circle one)
State of Ohio License No. ______________________________________ Date Expires _________________________
2. Social Worker, Nurse, an individual as specified in 4 (a), (b), (c), or (d) above
(circle one)
Highest degree level in speciality ____________________________________________________________________
Clinical Experience with Emotionally Disturbed Individuals
List work locations, type of duties and years
Supervision by a Mental Health Professional:
— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved
— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —
— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved
— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —
— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved
— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —
Appendix B
TO:
(NAME OF) CMHB
FROM: Myers R. Kurtz, Director Department of Mental Health
SUBJECT: Authority to Screen Board Member Applications for Department Appointments to Boards
In accordance with the provisions of the Department’s Administrative Rule 5122:2-1-04, on the subject of Department of Mental Health Appointments to Community Mental Health Boards, this memorandum constitutes notice of the delegation of responsibility to the Community Mental Health Board for the processes of receiving applications, screening applications, interviewing applicants, and forwarding to the Department the results of these activities for determination by the Director of the Board appointment.
These delegated activities shall be performed as follows:
1. Applications for Board membership shall be submitted to the CMHB on the form presented in Appendix A of Rule 5122:2-1-04.
2. Interviews may be conducted with applicants at the discretion of the CMHB.
3. Following screening and/or interviewing, the names of no more than three screened applicants with accompanying application form and resumes or biographies (if available) should be submitted to the Commissioner of Mental Health and Forensic Services for consideration for appointment by the Director. The CMHB may, if desired, prioritize recommendations and submit data relevant to this prioritization of the list of the three candidates (if present) for the Department appointment to the Board. The CMHB shall also indicate the names of all other screened eligible candidates in addition to the names submitted.
4. The updated list of current Board appointments indicating the name, occupation, and length of membership of each member shall be forwarded to the Commissioner of Mental Health and Forensic Services at the time of submission of the names of candidates for appointment.
Replaces: 5122:2-1-04
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 340.02
Rule Amplifies: 340.02
Prior Effective Dates: 5/1/68, 10/14/82
(A) The purpose of this rule is to establish the requirements and procedures for department of mental health authorization of a community mental health board to operate a mental health service, program, or facility.
(B) The provisions of this rule apply to any mental health service, program or activity specified in divisions (A) to (O) of section 340.09 of the Revised Code, and defined by rule 5122:2-1-01 of the Administrative Code, or to any facility in which such services, programs, activities are provided, and which operate under contract with the community mental health board.
(C) Definitions
(1) “Commissioner” means the commissioner of mental health facilities and services, and is a synonymous term for “chief of the division of mental health facilities and services” as used in division (G) of section 340.03 of the Revised Code.
(2) “Emergency” means the imminent risk of a severe disruption or discontinuation of direct client services. For example, the sudden and unanticipated loss of funding or the loss of key staff may create a severe disruption or discontinuation of services.
(3) “Facility” means a building, structure or other improvement, equipment, and real property and interests in real property.
(4) “Operation of services, programs, or facilities” means decision making or control and influence over decision making in the management or performance of a service, program or facility.
(D) Section 340.03 of the Revised Code requires that mental health services and programs be delivered by agencies under contract with a community mental health board. Services and programs may be directly provided by a community mental health board only in the exceptional circumstances described in section 340.03 of the Revised Code.
(E) In any size service district, a board may operate a mental health service, program or facility in an emergency to provide essential services upon the prior approval of the commissioner. The request for approval shall include:
(1) Evidence of the existence of the emergency as defined in paragraph (C)(2) of this rule.
(2) Evidence that there is no other feasible method for providing the service, program or facility.
(3) The projected time period during which the board intends to operate the service, program or facility.
(4) Assurance of the prompt development of a plan for ensuring that another agency will assume responsibility for operating the service, program or facility within one year.
(5) The operating plan for board provision of the service, program, or facility.
(F) In any service district with a population of less than five hundred thousand, the board may operate a mental health service program or facility under the following conditions:
(1) There is no other qualified private or public agency that is immediately available and willing to operate such service, program or facility.
(2) Approval of the commissioner shall be sought and obtained prior to the board undertaking the operation of the service, program or facility. The request for approval shall include:
(a) Evidence that there is no other agency qualified, available, and willing to provide the service, program or facility. This shall include a demonstration that all existing agencies have been reviewed in regard to qualifications, availability, and willingness.
(b) The operating plan for board provision of the service, program or facility.
(c) An operating plan demonstrating the ability of the board to continue to fulfill its mandated tasks and responsibilities as specified in section 340.03 of the Revised Code.
(d) A plan for ensuring that another agency will assume responsibility for operating the service, program or facility within one year.
(3) The program, service or facility may be operated by the board for no longer than one year.
(G) In any service district with a population of less than one hundred thousand, the board may operate a mental health service, program, or facility under the following conditions:
(1) The board operation of the service, program or facility must result in both greater administrative efficiency and more or better services or programs than would contract operation.
(2) A board may operate a service, program or facility for more than one year only if approved by:
(a) The board of county commissioners in a single county district or the approval of the majority of boards of county commissioners in a joint-county district; and
(b) The commissioner. The request for approval of the commissioner shall contain the following:
(i) Evidence that board operation of the service, program, or facility is consistent with and aids in achieving objectives as stated in the annual comprehensive community mental health plan required by section 340.03 of the Revised Code,
(ii) Evidence that board operation of the service, program, or facility achieves greater administrative efficiency in the provision of that service, program or facility,
(iii) Evidence that board operation of the service, program or facility improves the quality of services offered or increases the amount of services offered.
(iv) The operating plan for board provision of the service, program or facility.
(v) An operating plan demonstrating the ability of the board to continue to fulfill its mandated tasks and responsiblities as specified in section 340.03 of the Revised Code.
(vi) If the board requests approval to operate, for more than one year, a service, program or facility previously operated by a contract agency, a demonstration:
(a) That the agency is unable to effectively operate the service; or
(b) That the agency has requested the board to take over operation of the service, program or facility.
(H) Nothing in this rule authorizes a board to administer or direct the daily operation of any contract agency or its facilities, programs or services. An agency may contract with a board for agency administrative services or staff direction to be provided by the board under the direction of the agency board. Such contractual arrangements must be clearly described in the approved board comprehensive annual plan as required by section 340.03 of the Revised Code.
(I) Any board which operates a service, program, or facility under the provisions of this rule shall comply with all requirements and standards as specified in rules of the department promulgated pursuant to Chapter 119. of the Revised Code which are applicable to contract agencies.
(J) The commissioner shall notify the requesting board of approval or disapproval in writing within sixty days of department receipt of all required evidence, assurances, and plans as specified in paragraph (E), (F), or (G) of this rule. The commissioner shall periodically review and evaluate any board operation of a mental health service, program, or facility.
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 340.03, 5119.01, 5119.61
Rule Amplifies: 340.03, 5119.01, 5119.61
Prior Effective Dates: 9/24/84
(A) The purpose of this rule shall be to establish mediation procedures for community mental health boards and contract agencies of those boards.
(B) The provisions of this rule shall be applicable to the division of mental health facilities and services, community mental health boards and contract agencies.
(C) The provisions of this rule shall be liberally construed to promote resolution of disputes between community mental health boards and contract agencies.
(D) Request for mediation
(1) If either a board or an agency with which it contracts for mental health services, programs, or facilities proposes not to renew the contract or proposes substantial changes in contract terms, the other party shall be given written notice at least one hundred twenty days before the expiration date of the contract.
(2) The party given such notice may request advisory mediation within thirty days after receipt of the written notice.
(3) Request for mediation shall be in writing addressed to the “Chief, Division of Mental Health Facilities and Services, Department of Mental Health, 30 E. Broad Street, Columbus, Ohio 43215.”
(4) Requests shall include a copy of the contract or agreement between the parties and a brief statement of issues in dispute.
(5) The chief shall contact the other party to the dispute within seven calendar days of receipt of the request to determine whether that party agrees to mediate the dispute.
(6) Should one party not agree to mediation, the chief shall notify both parties accordingly. No further procedures are then required by this rule.
(E) Selection of a mediator
(1) After the requirements of paragraph (D) of this rule have been satisfied, the parties will attempt to select an impartial mediator by mutual agreement. In the event the parties cannot reach such an agreement, by joint letter they will request the chief to submit a panel of not more than five names of persons considered qualified to mediate disputes by the chief. Representatives of the parties shall strike names from the panel alternately until one name remains. That person shall serve as mediator.
(2) An employee of the department who agrees to serve as a mediator on a non-fee basis may be mutually selected by the parties.
(F) Function of mediator
(1) The sole function of the mediator shall be advisory in nature.
(2) The mediator shall have the authority to:
(a) Request documents or other material from either party in order to mediate the dispute;
(b) Submit written questions to either party;
(c) Conduct joint meeting between the parties;
(d) Make written recommendations to the parties for resolution of the dispute;
(e) Establish timelines for resolution of the dispute.
(G) Joint meeting
(1) The mediator shall arrange a meeting between the parties for the purpose of receiving arguments and written material concerning each party’s position.
(2) Each party shall designate one representative, authorized to represent the party pending ratification by the appropriate board, to the meeting. The parties may send other personnel to the meeting in addition to the representative.
(3) Each party shall present arguments on the merits of their position and submit written material or exhibits relevant to a resolution of the dispute at the meeting, provided that the mediator may require presentation of written material to the other party and the mediator, prior to the meeting.
(4) The mediator shall preside at the meeting and at his discretion:
(a) Limit the length of each party’s oral presentation;
(b) Limit the amount of written material or exhibits submitted by a party at a meeting;
(c) Decide whether material submitted is relevant to the issues in dispute and exclude material that is not relevant or cumulative;
(d) Provide for the meeting to be recorded, by tape recorder or other means;
(e) Adopt other procedures to govern the conduct of the meeting or necessary for equitable presentation of each party’s position.
(5) The “Ohio Rules of Evidence” shall not apply to the proceeding between the parties at a joint meeting.
(6) At the conclusion of the joint meeting, the mediator shall set a date for issuance of his written recommendations for resolution of the dispute.
(H) Recommendations:
(1) The mediator shall make written recommendations for resolution of the dispute.
(2) A copy of the mediator’s recommendations shall be sent to the chief of mental health facilities and services and the parties.
(3) The mediator’s recommendations shall not be binding on either party.
(I) Time for completion of mediation
(1) The mediation shall be completed within sixty calendar days from the date of the request for mediation, unless both parties agree to a time extension.
(2) Neither party shall agree to extend the time for mediation for a period exceeding ten calendar days.
(3) An agreement to extend the time for mediation must be in writing, signed by a representative of both parties and contain a date for completion of the mediation.
(4) Agreements to extend the time for mediation must be submitted to the mediator within seven calendar days of the selection of the mediator.
(J) Mediation fees
(1) The fee, if any, of the mediator shall be divided equally between the parties.
(2) Each party shall otherwise be responsible for his own expenses arising from the utilization of the mediator.
Replaces: 5122:2-1-14
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 340.03(A)
Rule Amplifies: 340.03(A)
Prior Effective Dates: 5/1/68, 11/15/82
The community plan prepared by the board:
(A) Seven copies shall be submitted to the Commissioner by April 1, preceding the fiscal year for which funds are requested except that the Commissioner may under special and unusual circumstances waive this deadline.
(B) May be amended from time to time during the year.
(C) Shall be developed with special reference to the state comprehensive mental health plan and shall show how it is consistent with that plan.
(D) Shall be developed in accordance with the Administrative Guide provided by the Commissioner.
(E) Shall show how it has been coordinated in the community with the program development provided for under Chapter 5127 of theRevised Code. In addition, the plan shall show how it has been coordinated with city, metropolitan area and areawide health, education and welfare planning.
(F) Shall adhere to the appropriate Sections of theRevised Codeand all relevant conditions set forth in these Rules and Regulations.
(G) Shall be based on the needs of the residents of the community for mental health and mental retardation services and facilities and shall take into consideration:
(1) The extent of mental illness, emotional disturbances and mental retardation in the community.
(2) The availability and the adequacies of existing services and facilities for the mentally ill, emotionally disturbed and the mentally retarded.
(3) The availability of professional and technical manpower.
(4) The extent of related problems in the community such as alcoholism, drug abuse, school dropouts, crime and delinquency.
(5) The special needs of certain groups of people in the community, especially the handicapped, the poor, the aged and the children.
(H) Shall describe services which are a part of the community mental health and mental retardation service program under Section 340.09.
Replaces: MH-3-09
R.C. 119.032 review dates: 01/09/2004 and 01/09/2009
Promulgated Under: 119.03
Statutory Authority: 5119.61
Rule Amplifies: 5119.61
Prior Effective Dates: 5/1/68
Rescinded eff 3-25-04
Rescinded eff 3-25-04