3724.02 Community alternative homes - prohibited activities.

(A) No person and no agency of state or local government shall:

(1) Operate a community alternative home without a license issued by the director of health under this chapter;

(2) Interfere with an inspection or investigation of a licensed community alternative home by the director of health or his agent as required by this chapter;

(3) Violate any of the provisions of this chapter or any rules adopted under it.

(B) No community alternative home shall:

(1) Admit more residents than the number authorized in its license;

(2) Provide skilled nursing care or admit or retain a resident in need of skilled nursing care, unless the care will be provided by a person or agency not employed by or affiliated with the home who is, or is working under the direction and review of, a registered nurse, physician, or dentist, not employed by or affiliated with the home;

(3) Permit a person or agency providing skilled nursing care to residents of the home under division (B)(2) of this section to train employees of the home to assist in providing skilled nursing care;

(4) Admit or retain a resident unless a physician, or a dentist who has prescribed medication for the resident, certifies in writing that the resident is capable of administering medication to himself, with or without assistance as authorized by section 3724.021 of the Revised Code, or unless any medication prescribed for the resident will be administered by one of the following:

(a) A person or agency providing skilled nursing care under division (B)(2) of this section;

(b) A physician;

(c) A dentist;

(d) A podiatrist licensed under Chapter 4731. of the Revised Code.

(C) For the purposes of this section, an individual who receives no compensation for work he does in a community alternative home or for residents of the home is not considered to be affiliated with or associated with the home.

Effective Date: 11-01-1989