5124-4-01 Definitions.

As used throughout these rules, the following definitions shall apply:

(A) “Appropriate agency or authority” means any agency or authority, public or private, which has a power, duty or responsibility with respect to a particular person, situation, or facility which either should be exercised or which would require that it have notice when particular circumstances have occurred or appear likely to occur.

(B) “Deficiency” means any inadequacy or an inappropriateness in the treatment of a person who has mental retardation, a developmental disability, or who is labeled mentally ill that pertains to misconduct, breach of duty, or noncompliance with state or federal laws, local ordinances, or rules or regulations adopted under those laws or ordinances that are administered by a governmental agency,

(C) “Lowest appropriate administrative level” means the lowest level of administration within any organization or provider that has sufficient authority to resolve the complaint or correct the deficiency.

(D) “ombudsman section” means a representative of the ombudsman section of the legal rights service, as created by division (B) of section 5123.601 of the Revised Code.

(E) “Person” means a person who has mental retardation or a developmental disability, or who is labeled as mentally ill.

(F) “Provider” means any governmental agency or person, natural or corporate, as defined by division (C) of section 1.59 of the Revised Code that furnishes one or more services to one or more persons who have mental retardation, a developmental disability, or are labeled as mentally ill.

(G) “Treatment” means the act, manner or process of dealing with someone with or without any medical connotation.

(H) “Parties” means, for the purposes of the ombudsman report, the provider that is providing services to the person, the person who is the subject of the complaint, and the source of the complaint.

HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98

Rule promulgated under: RC 119.03

Rule authorized by: RC 5123.601

Rule amplifies: RC 5123.601 to 5123.604

119.032 REVIEW DATE: May 10, 2003