Lawriter - OAC - 5122-30-03 Definitions.

5122-30-03 Definitions.

(A) The following definitions apply to Chapter 5122-30 of the Administrative Code.

(1) "Abuse" means any act or absence of action inconsistent with human rights which results or could result in physical injury to a resident unless the act is done in self defense or occurs by accident; any act which constitutes sexual activity, as defined under Chapter 2907. of the Revised Code, when such activity would constitute an offense against a resident under Chapter 2907. of the Revised Code; insulting or coarse language or gestures directed toward a resident which subjects the resident to humiliation or degradation; or depriving a resident of real or personal property by fraudulent or illegal means. For children, in addition to the above, the definition of abuse is the same as in sections 2919.22 and 2151.031 of the Revised Code.

(2) "Accommodations" means housing, daily meal preparation, laundry, housekeeping, arranging for transportation, social and recreational activities, maintenance, security, and other services that do not constitute personal care services or skilled nursing care.

(3) "Administration of medication" means the direct application of a single drug to the body of a resident either by injection, inhalation, ingestion or any other means. The complete act of administration entails the following: removal of an individual dose from a previously dispensed, properly labeled container; verification of drug dose with the practitioner's order, properly identifying the resident before giving the individual dose; and properly recording the time and dose given in the resident's integrated clinical record and administered by a licensed professional in accordance with rule 5122-30-20 of the Administrative Code.

(4) "Adult" means a person eighteen years of age or older, and who is unrelated to the operator.

(5) "Adult day care" means non-residential facilities or specifically designated units of operation within an adult care, assisted living residence, nursing home or other type of long term care facility that provides a variety of health, social and related support services in a protective setting during part of the day to aged, infirm or disabled adults who reside elsewhere.

(6) "Application for licensure" means a completed application and all of the information, reports, inspections, and other such materials that are required to be submitted to the department, and all applicable fees.

(7) "Assistance with activities of daily living" (ADL) means advice or aid provided in relation to matters of community living, such as, matters of self care or emotional growth and stability, personal hygiene; bathing, grooming, dressing, eating, interpersonal relationships . Assistance with activities of daily living also means structuring and supervising all activities to promote self care or emotional growth and stability, and to ensure the well-being of the resident, and also includes providing or arranging for the provision of clothing, education, medical and dental care.

(8) "Board" has the same meaning as community mental health board or board of alcohol, drug addiction and mental health services, as defined in Chapter 340. of the Revised Code.

(9) "Certification" means the written authorization from the department for a provider to operate specific services and provide activities according to Chapters 5122-24 to 5122-29 of the Administrative Code.

(10) "Chemical restraint" means any medication that alters the functioning of the central nervous system in a manner that limits physical and cognitive functioning to the degree that the resident cannot attain the resident's highest practicable physical, mental, and psychosocial well-being.

(11) "Child or adolescent" means persons under the age of eighteen years, or person with a severe mental disability under the age of twenty-one years.

(12) "Community mental health services provider" has the same meaning as defined in Section 5119.01 of the Revised Code, and may be referred to as a provider.

(13) "Crisis stabilization unit" means a residential unit providing crisis stabilization for persons needing an intermediate level of care. The standard services of general services and crisis intervention are offered. Treatment interventions are focused on stabilizing the current crisis and mobilizing support and resources so that the person can be treated in a less restrictive setting. The unit provides twenty-four hour observation, supervision and voluntary treatment services for individuals who do not require the intensive medical treatment of inpatient care. Length of stay on a crisis stabilization unit is anticipated to be no longer than fourteen days duration.

(14) "Custodian" means one who has been granted the authority or right by a court to exercise care, supervision, or control over a person pursuant to Chapter 2151. of the Revised Code.

(15) "Deficiency" means violations of requirements, or inadequate, or substandard compliance with the requirements of this chapter or Chapters 5122-24 to 5122-29 of the Administrative Code.

(16) "Department" means the Ohio department of mental health and addiction services.

(17) "Director" means the director of the Ohio department of mental health and addiction services.

(18) "Emergency" means an impending or crisis situation which creates circumstances demanding immediate actions for prevention of injury to the person or others. An emergency may be determined by either a licensed physician, registered nurse or other qualified person(s).

(19) "Facility" has the same meaning as residential facility.

(20) "Guardian" means one who has been legally entrusted by a probate court with the custody and control of the person or property of a person pursuant to Chapter 2111. of the Revised Code.

(21) "Hospital" means the same as inpatient psychiatric service provider.

(22) "Household member" means any person living in the residential facility, including but not limited to: residents, the operator, staff, family, or friends of the operator or staff.

(23) "House rules" means those facility policies, requirements, or procedures by which household members, staff, and visitors are expected to comply with, such as smoking areas, meal times, etc.

(24) "Inpatient psychiatric service provider" means a psychiatric hospital, or psychiatric inpatient unit administered by a general hospital, or community mental health services provider or other facility, that provides inpatient psychiatric services.

(25) " ITP" means individualized treatment plan as described in rule 5122-27-03 of the Administrative Code.

(26) "License" means the signed, numbered, dated document issued by the department to the facility which specifies the term of licensure (full, probationary, or interim), the category of facility as defined in division (B) of section 5119.34 of the Revised Code, and the resident limitations imposed by the facility category.

(a) "Full license" means a license issued by the department for the period of three years for a class one facility or two years in the case of a class two or three facility in accordance with division ( F) of section 5119.34 of the Revised Code.

(b) "Interim license" means a license issued by the department , which is valid for no more than ninety days. An interim license will be issued in accordance with division ( F) of section 5119.34 of the Revised Code.

(c) "Probationary license" refers to the status of a facility license in which the department determines that circumstances require a temporary interruption in the full licensure cycle. The term of a probationary license shall be determined at the discretion of the department as specified in division ( F) of section 5119.34 of the Revised Code.

(27) "Manager" means the person responsible for the daily operation of a facility. The manager, operator, and owner of a facility may be the same person.

(28) "Mechanical restraint" means any method of restricting a person's freedom of movement, physical activity, or normal use of his or her body, using an appliance or device manufactured for this purpose.

(29) "Mental health resident" means a resident of a residential facility who is an adult with mental illness or a severe mental disability or a child or adolescent with a serious emotional disturbance or in need of mental health services .

(30) "Mental health services" means those services certified by the department in accordance with Chapter 5122-25 of the Administrative Code.

(31) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

(32) "Neglect" means a purposeful negligent disregard of duty by an employee or staff member. Such duty is one that is imposed on an employee or staff member by statute, rule, or professional standards and which is owed to the person served by that employee or staff person.

(33) "Non-ambulatory" means an individual who:

(a) is unable to get in and out of bed independently;

(b) is unable to walk without physical assistance from another individual; or,

(c) requires a wheelchair.

(34) "Operator" means the person or persons, firm, partnership, provider, governing body, association, corporation, or other entity that is responsible for the administration and management of the residential facility and who is the applicant for a residential facility license as the approved licensee.

(35) "Owner" means the person, provider, association, corporation, or other entity who owns the business of and who ultimately controls the operation of an adult care a residential facility and to whom the manager or operator, if different from the owner, is responsible.

(36) "Personal care" means assisting residents with activities of daily living, assisting residents with self-administration of medication, or preparing special diets other than complex therapeutic diets, for residents pursuant to the instructions of a physician or licensed dietitian. Personal care does not include skilled nursing as defined in division (D) of section 3721.01 of the Revised Code.

(37) "Physical restraint", also known as "manual restraint", means any method of physically restricting a person's freedom of movement, physical activity, or normal use of the person's body without the use of mechanical restraint devices.

(38) "Referral" means advising, assisting or directing an adult with mental illness or a severe mental disability, or a child or adolescent with a serious emotional disturbance or in need of mental health services, to a residential facility for the purpose of becoming a resident of that facility.

(39) "Resident" means any person who lives in a residential facility in order to receive room and board, personal care, or mental health services, from the staff of that facility, regardless of the source or amount of compensation provided to the facility for the resident's room and board, services, or care. Resident does not include the operator or the operator's family or staff or family members of staff .

(40) "Residents' rights advocate" means an employee or representative of any state or local government entity that has a responsibility regarding residents, or an employee or representative of a private nonprofit corporation or association permitted by law to educate and counsel residents, assist residents in resolving problems and complaints concerning their care and treatment, and assist them in securing adequate services to meet their needs.

(41) " Resident agreement" means the written agreement between a residential facility, placing provider, prospective mental health resident or guardian, and community mental health services provider, as applicable. In the case of children and adolescents, the agreement shall be between the facility and the resident's parent,guardian, placing provider, or legal custodian.

(42) "Residential facility" means a publicly or privately operated home or facility as defined in division (B) of section 5119.34 of the Revised Code.

The categories of facility are:

(a) Class one facilities provide accommodations, supervision, personal care services, and mental health services for one or more unrelated adults with mental illness or one or more unrelated children or adolescents with severe emotional disturbances.

(b) Class two facilities provide accommodations, supervision, and personal care services to any of the following:

(i) One or two unrelated persons with mental illness;

(ii) One or two unrelated adults who are receiving residential state supplement payments; or,

(iii) Three to sixteen unrelated adults.

(c) Class three facilities provide room and board for five or more unrelated adults with mental illness.

(43) "Residential state supplement" ("RSS") means the program administered under section 5119.41 of the Revised Code and Chapter 5122-36 of the Administrative Code.

(44) "Room and board" means the provision of sleeping and living space, meals or meal preparation, laundry services, housekeeping services, or any combination thereof.

(45) "Seclusion" means the involuntary confinement of a person alone in a room where the person is physically prevented from leaving.

(46) "Serious emotional disturbance" means a combination of duration of impairment, intensity of impairment, and diagnosis, as specified in the definition for a "person with serious emotional disturbance" rule 5122-24-01 of the Administrative Code.

(47) "Severe mental disability" means a condition that meets at least two of the three criteria of diagnosis, duration, and disability as specified in the definition of a "person with severe mental disability" in rule 5122-24-01 of the Administrative Code.

(48) "Short-term illness" means a medical condition for which recovery can be expected to occur with not more than one hundred and twenty days of skilled nursing care or requiring skilled nursing care provided on periodic, scheduled basis not to exceed one hundred twenty days.

(49) "Special diet" means simple diets and calculated diets which have been ordered by a physician or registered dietitian.

(a) Simple diets means simple food regimens including, but not limited to:

(i) No added salt food regimens;

(ii) Reduced fat, reduced cholesterol food regimens;

(iii) Reduced or no simple sugar food regimens;

(iv) Small frequent meals;

(v) Full liquid or clear liquid food regimens for no more than seventy-two hours; and

(vi) Simple textural modifications.

(b) "Calculated diets" mean calculated nutritive regimens including, but not limited to:

(i) Diabetic and other nutritive regimens requiring a daily specific calorie level;

(ii) Renal nutritive regimens;

(iii) Dysphagia nutritive regimens excluding simple textural modifications; and

(iv) Any other nutritive regimens requiring a daily maximum or minimum level of one of more specific nutrients, or a specific distribution of one or more nutrients.

"Special diets other than complex therapeutic diets" has the same meaning as special diets as defined in rule 3701-17-50 of the Administrative Code.

(50) "Staff" means any person or persons participating in the physical operation of the facility, the provision of mental health services, personal care, room and board, or supervision of residents, whether or not that person is compensated for that assistance. Staff shall be understood to include the operator of the facility when the operator is a participant in the performance of those activities.

(51) "Substance abuse" means use of any drug or alcohol by an individual to the extent of physical or psychological dependency on the drug or to the extent that a person's health, safety or welfare is endangered.

(52) "Supervision" means observing a resident to ensure the resident's health, safety, and welfare while the resident engages in activities of daily living or other activities; reminding a resident to perform or complete an activity, such as reminding a resident to engage in personal hygiene or other self-care activities; or assisting a resident in making or keeping an appointment.

(53) "Topical medication" means a medication, such as a topical anti-infective, that is applied to a certain area of the skin and that only affects the area to which it is applied.

(54) "Unrelated" means a resident not related to the operator or staff, or the operator or staff's spouse, as a parent, grandparent, child, stepchild, grandchild, brother, sister, niece, nephew, aunt, uncle, or as a child of an aunt or uncle.

(55) "Variance" means written permission granted to a residential facility by the director, or his designee, to alter the requirements of a rule.

(56) "Waiver" means written permission granted to a residential facility by the director, or his designee, to be exempted from all or a portion of the requirements of a rule.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 01/20/2017 and 01/01/2023
Promulgated Under: 119.03
Statutory Authority: 5119.34
Rule Amplifies: 5119.34
Prior Effective Dates: 5/10/1979, 5/1/1980, 1/1/2000, 8/1/2002, 3/25/2004