Chapter 4751 | Nursing Home Administrators

Section 4751.01 | Nursing home administrator definitions.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 (GA 134), House Bill 509 (GA 134)

As used in this chapter:

(A) "Health-care licensing agency" means any department, division, board, section of a board, or other government unit that is authorized by a statute of this or another state to issue a license, certificate, permit, card, or other authority to do either of the following in the context of health care:

(1) Engage in a specific profession, occupation, or occupational activity;

(2) Have charge of and operate certain specified equipment, machinery, or premises.

(B) "Licensed health services executive" means an individual who holds a valid health services executive license.

(C) "Licensed nursing home administrator" means an individual who holds a valid nursing home administrator license.

(D) "Long-term services and supports setting" means any institutional or community-based setting in which medical, health, psychosocial, habilitative, rehabilitative, or personal care services are provided to individuals on a post-acute care basis.

(E) "Nursing home" means a nursing home as defined by or under the authority of section 3721.01 of the Revised Code, or a nursing home operated by a governmental agency.

(F) "Nursing home administration" means planning, organizing, directing, and managing the operation of a nursing home.

(G) "Nursing home administrator" means any individual who engages in the practice of nursing home administration, whether or not the individual shares the functions and duties of nursing home administration with one or more other individuals.

(H) "Valid health services executive license" means a health services executive license to which all of the following apply:

(1) It was issued by the board of executives of long-term services and supports under section 4751.201, 4751.21, 4751.23, 4751.25, or 4751.33 of the Revised Code;

(2) It was not sold, fraudulently furnished, or fraudulently obtained in violation of division (E) of section 4751.10 of the Revised Code;

(3) It is current and in good standing.

(I) "Valid nursing home administrator license" means a nursing home administrator license to which all of the following apply:

(1) It was issued by the board under section 4751.20, 4751.201, 4751.23, 4751.24, or 4751.33 of the Revised Code;

(2) It was not sold, fraudulently furnished, or fraudulently obtained in violation of division (F) of section 4751.10 of the Revised Code;

(3) It is current and in good standing.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated December 29, 2023 at 5:29 AM

Section 4751.02 | Board of executives of long-term services and supports fund.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) There is hereby established in the department of aging a board of executives of long-term services and supports, which board shall be composed of the following eleven members:

(1) Four members who are nursing home administrators, owners of nursing homes, or officers of corporations owning nursing homes, and who shall have an understanding of person-centered care, and experience with a range of long-term services and supports settings;

(2)(a) Three members who work in long-term services and supports settings that are not nursing homes, and who shall have an understanding of person-centered care, and experience with a range of long-term services and supports settings;

(b) At least one of the members described in division (A)(2)(a) of this section shall be a home health administrator, hospice administrator, an owner of a home health agency or hospice care program, or an officer of a home health agency or hospice care program.

(3) One member who is a member of the academic community;

(4) One member who is a consumer of services, or who represents a consumer of services, in a long-term services and supports setting;

(5) One nonvoting member who is a representative of the department of health, designated by the director of health, who is involved in the nursing home survey and certification process, who shall serve in an advisory capacity only;

(6) One nonvoting member who is a representative of the office of the state long-term care ombudsman, designated by the state long-term care ombudsman, who shall serve in an advisory capacity only.

All members of the board shall be citizens of the United States and residents of this state. No member of the board who is appointed under divisions (A)(3) to (6) of this section may have or acquire any direct financial interest in a nursing home or long-term services and supports settings.

(B) The term of office for each appointed member of the board shall be for three years, commencing on the twenty-eighth day of May and ending on the twenty-seventh day of May. Each member shall serve from the date of appointment until the end of the term for which appointed. No member shall serve more than two consecutive full terms.

(C) Appointments to the board shall be made by the governor. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any appointed member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

(D) The governor may remove any member of the board for misconduct, incapacity, incompetence, or neglect of duty after the member so charged has been served with a written statement of charges and has been given an opportunity to be heard.

(E) Each member of the board, except the member designated by the director of health and the member designated by the ombudsman, shall be paid in accordance with section 124.15 of the Revised Code and each member shall be reimbursed for the member's actual and necessary expenses incurred in the discharge of such duties.

(F) The board shall elect annually from its membership a chairperson and a vice-chairperson.

(G) The board shall hold and conduct meetings quarterly and at such other times as its business requires. A majority of the voting members of the board shall constitute a quorum. The affirmative vote of a majority of the voting members of the board is necessary for the board to act.

(H) The board shall appoint a secretary who has no financial interest in a long-term services and supports setting, and may employ and prescribe the powers and duties of such employees and consultants as are necessary to carry out this chapter and the rules adopted under it.

Last updated October 4, 2023 at 12:05 PM

Section 4751.021 | Fiscal agent.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

(A) The board of executives of long-term services and supports shall enter into a written agreement with the department of aging for the department to serve as the board's fiscal agent. The fiscal agent shall be responsible for all the board's fiscal matters and financial transactions, as specified in the agreement. The written agreement shall specify the fees that the board shall pay to the fiscal agent for services performed under the agreement, and such fees shall be in proportion to the services performed for the board.

(1) The agreement shall require the fiscal agent to provide the following services:

(a) Preparation and processing of payroll and other personnel documents that the board approves;

(b) Maintenance of ledgers of accounts and reports of account balances, and monitoring of budgets and allotment plans in consultation with the board;

(c) Performance of other routine support services, specified in the agreement, that the fiscal agent considers appropriate to achieve efficiency.

(2) The agreement may require the fiscal agent to provide the following services:

(a) Any shared services between the board and the fiscal agent;

(b) Any other services agreed to by the board and the department, including administrative or technical services.

(B) The board, in conjunction and consultation with the fiscal agent, has the following authority and responsibility relative to fiscal matters:

(1) Sole authority to expend funds from the board's accounts for programs and any other necessary expenses the board may incur;

(2) Responsibility to cooperate with and inform the fiscal agent fully of all financial transactions.

(C) The board shall follow all state procurement, fiscal, human resources, information technology, statutory, and administrative rule requirements.

(D) In its role as fiscal agent for the board, the department shall serve as a contractor of the board, and does not assume responsibility for the debts or fiscal obligations of the board.

Section 4751.03 | Board of executives of long-term services and supports fund.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

There is hereby created in the state treasury the board of executives of long-term services and supports fund. The fund shall consist of the amounts the board of executives of long-term services and supports collects under this chapter as fees, civil penalties, and fines. The board shall use the money in the fund to administer and enforce this chapter and the rules adopted under section 4751.04 of the Revised Code. Investment earnings of the fund shall be credited to the fund.

Section 4751.04 | Rulemaking authority.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

The board of executives of long-term services and supports shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement and enforce this chapter.

Section 4751.10 | Prohibited acts.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

No person shall knowingly do any of the following:

(A) Operate a nursing home unless it is under the supervision of an administrator whose principal occupation is nursing home administration or hospital administration and who is a licensed nursing home administrator;

(B) Practice or offer to practice nursing home administration unless the person is a licensed nursing home administrator;

(C) Use any of the following unless the person is a licensed nursing home administrator:

(1) The title "licensed nursing home administrator," "nursing home administrator," "licensed assistant nursing home administrator," or "assistant nursing home administrator";

(2) The acronym "LNHA," "L.N.H.A.," "NHA," "N.H.A.," "LANHA," "L.A.N.H.A.," "ANHA," or "A.N.H.A." after the person's name;

(3) Any other words, letters, signs, cards, or devices that tend to indicate or imply that the person is a licensed nursing home administrator.

(D) Use any of the following unless the person is a licensed health services executive:

(1) The title "licensed health services executive" or "health services executive";

(2) The acronym "LHSE," "L.H.S.E.," "HSE," or "H.S.E." after the person's name;

(3) Any other words, letters, signs, cards, or devices that tend to indicate or imply that the person is a licensed health services executive.

(E) Sell, fraudulently furnish, fraudulently obtain, or aid or abet another person in selling, fraudulently furnishing, or fraudulently obtaining either of the following:

(1) A nursing home administrator license;

(2) A health services executive license.

(F) Otherwise violate any of the provisions of this chapter or the rules adopted under section 4751.04 of the Revised Code.

Last updated March 22, 2023 at 12:40 PM

Section 4751.101 | Construction of chapter.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

Nothing in this chapter or the rules adopted under it shall be construed as requiring either of the following:

(A) An individual to be a licensed health services executive in order to do either of the following:

(1) Practice nursing home administration;

(2) Serve in a leadership position at a long-term services and supports setting or direct the practices of others in such a setting.

(B) An applicant for a nursing home administrator license who is employed by an institution for the care and treatment of the sick to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided by the institution if all of the following apply to the institution:

(1) It is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs.

(2) It is accredited by a national accrediting organization.

(3) It is exempt from federal income taxation under section 501 of the "Internal Revenue Code of 1986," 26 U.S.C. 501.

(4) It provides twenty-four hour nursing care pursuant to the exemption in division (E) of section 4723.32 of the Revised Code from the licensing requirements of Chapter 4723. of the Revised Code.

Last updated March 22, 2023 at 12:40 PM

Section 4751.102 | Operator's report to board.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

Every operator of a nursing home shall report to the board of executives of long-term services and supports the name and license number of each licensed nursing home administrator who practices nursing home administration at the nursing home not later than ten days after the following dates:

(A) The date the licensed nursing home administrator begins to practice nursing home administration at the nursing home;

(B) The date the licensed nursing home administrator ceases to practice nursing home administration at the nursing home.

Last updated March 22, 2023 at 12:41 PM

Section 4751.15 | Examinations.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

The board of executives of long-term services and supports shall administer, or contract with a government or private entity to administer, examinations that an individual must pass to obtain a nursing home administrator license under section 4751.20 of the Revised Code. If the board contracts with a government or private entity to administer the examinations, the contract may authorize the entity to collect and keep, as all or part of the entity's compensation under the contract, any fee an individual pays to take the examination. The entity is not required to deposit the fee into the state treasury.

To be admitted to an examination administered under this section, an individual must pay the examination fee charged by the board or government or private entity. If an individual fails three times to pass the examination, the individual, before being admitted to the examination a subsequent time, also must satisfy any education requirements, experience requirements, or both, that may be prescribed in rules adopted under section 4751.04 of the Revised Code in addition to any education requirements or experience requirements that must be satisfied to obtain a nursing home administrator license under section 4751.20 of the Revised Code.

Last updated December 29, 2023 at 6:04 AM

Section 4751.151 | Examination materials.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

Except when the board of executives of long-term services and supports considers it necessary, the board shall not disclose test materials, examinations, or evaluation tools used in an examination administered under section 4751.15 of the Revised Code.

Section 4751.20 | Issuing license.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 (GA 134), House Bill 509 (GA 134)

(A) Except as provided in section 4751.201 of the Revised Code, and subject to section 4751.32 of the Revised Code, the board of executives of long-term services and supports shall issue a nursing home administrator license to an individual under this section if all of the following requirements are satisfied:

(1) The individual has submitted to the board a completed application for the license in accordance with rules adopted under section 4751.04 of the Revised Code.

(2) If the individual is required by rules adopted under section 4751.04 of the Revised Code to serve as a nursing home administrator in training, the individual has paid to the board the administrator in training fee of fifty dollars.

(3) The individual is at least twenty-one years of age.

(4) The individual has successfully completed educational requirements and work experience specified in rules adopted under section 4751.04 of the Revised Code, including, if so required by the rules, experience obtained as a nursing home administrator in training.

(5) The individual has complied with section 4776.02 of the Revised Code regarding a criminal records check.

(6) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the criminal records check do not make the individual ineligible for the license.

(7) Except as provided in division (B) of this section, the individual has passed the licensing examination administered under section 4751.15 of the Revised Code.

(8) The individual has paid to the board a license fee of two hundred fifty dollars.

(9) The individual has satisfied any additional requirements as may be prescribed in rules adopted under section 4751.04 of the Revised Code.

(B) Beginning January 1, 2025, the operator of a nursing home may request that the board issue a nursing home administrator license to an individual who meets the requirements specified in division (A) of this section but has not passed the licensing examination administered under section 4751.15 of the Revised Code, in order to fill a vacancy in the position of nursing home administrator at the nursing home resulting from a death, illness, or other unexpected cause. An individual issued a license under division (B) of this section shall submit to the board, not later than one hundred eighty days after a license is issued, satisfactory evidence that the individual has passed the licensing examination administered under section 4751.15 of the Revised Code.

(C) A nursing home administrator license shall certify that the individual to whom it was issued has met the applicable requirements of this chapter and any applicable rules adopted under section 4751.04 of the Revised Code and is authorized to practice nursing home administration while the license is valid.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated December 29, 2023 at 5:29 AM

Section 4751.201 | Individuals licensed in another state.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

Notwithstanding the requirements for a license under this chapter, the board of executives of long-term services and supports shall issue a nursing home administrator license or a health services executive license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:

(A) The applicant holds a license in another state.

(B) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a nursing home administrator or a health services executive in a state that does not issue that license.

Last updated December 29, 2023 at 6:03 AM

Section 4751.21 | Health services executive license.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

(A) Except as provided in section 4751.201 of the Revised Code, and subject to section 4751.32 of the Revised Code, the board of executives of long-term services and supports shall issue a health services executive license to an individual if all of the following requirements are satisfied:

(1) The individual has submitted to the board a completed application for the license in accordance with rules adopted under section 4751.04 of the Revised Code.

(2) The individual is a licensed nursing home administrator.

(3) The individual has obtained the health services executive qualification through the national association of long-term care administrator boards.

(4) The individual has complied with section 4776.02 of the Revised Code regarding a criminal records check.

(5) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the criminal records check do not make the individual ineligible for the license.

(6) The individual has paid to the board a license fee of one hundred dollars.

(B) A health services executive license shall certify that the individual to whom it was issued has met the applicable requirements of this chapter and any applicable rules adopted under section 4751.04 of the Revised Code and is a licensed health services executive while the license is valid.

Last updated December 29, 2023 at 6:03 AM

Section 4751.22 | Signatures required.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

All licenses and temporary licenses that the board of executives of long-term services and supports issues under this chapter shall include the signatures of the board's chairperson and secretary.

Section 4751.23 | Duplicate licenses.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

(A) Subject to section 4751.32 of the Revised Code, the board of executives of long-term services and supports may issue to a licensed nursing home administrator or licensed health services executive a duplicate of the individual's nursing home administrator license or health services executive license if the license or temporary license has been lost, mutilated, or destroyed and the individual does both of the following:

(1) Submits to the board a notarized statement explaining the conditions of the loss, mutilation, or destruction;

(2) Pays to the board a fee of twenty-five dollars.

(B) Subject to section 4751.32 of the Revised Code, the board may issue to a licensed nursing home administrator or licensed health services executive whose name has been legally changed a duplicate of the individual's nursing home administrator license or health services executive license that has the individual's new name if the individual does all of the following:

(1) Submits to the board a certified copy of the court order or marriage license establishing the change of name;

(2) Returns to the board the license or temporary license that has the individual's previous name;

(3) Pays to the board a fee of twenty-five dollars.

Last updated March 22, 2023 at 12:41 PM

Section 4751.24 | Expiration of license; renewal and reinstatement.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

(A) Subject to section 4751.32 of the Revised Code, a nursing home administrator license is valid for two years and may be renewed and reinstated in accordance with this section.

(B) If a licensed nursing home administrator intends to continue to practice nursing home administration without interruption after the administrator's license expires, the administrator shall apply to the board of executives of long-term services and supports for a renewed nursing home administrator license. Subject to section 4751.32 of the Revised Code, the board shall renew the license if the administrator does all of the following before the license expires:

(1) Submits to the board a completed application for license renewal in accordance with rules adopted under section 4751.04 of the Revised Code;

(2) Pays to the board the license renewal fee of six hundred dollars;

(3) Submits to the board satisfactory evidence of having attended such continuing education programs or courses of study as may be prescribed in rules adopted under section 4751.04 of the Revised Code;

(4) Satisfies any other requirements as may be prescribed in rules adopted under section 4751.04 of the Revised Code.

(C) If a nursing home administrator license issued under section 4751.20 or 4751.201 of the Revised Code is not renewed before it expires, the individual who held the license may apply to the board for the license's reinstatement. Subject to section 4751.32 of the Revised Code, the board shall reinstate the license if the individual does all of the following not later than one year after the date the license expired:

(1) Submits to the board the completed application for license reinstatement in accordance with rules adopted under section 4751.04 of the Revised Code;

(2) Pays to the board the license reinstatement fee equal to the sum of the following:

(a) Three hundred dollars;

(b) Fifty dollars for each calendar quarter that occurs during the period beginning on the date the license expires and ending on the last day of the calendar quarter during which the individual applies for license reinstatement, up to a maximum of two hundred dollars.

(3) Submits to the board satisfactory evidence of having attended such continuing education programs or courses of study as may be prescribed in rules adopted by the board under section 4751.04 of the Revised Code;

(4) Satisfies any other requirements as may be prescribed in rules adopted under section 4751.04 of the Revised Code.

(D) A licensed nursing home administrator who determines to temporarily abandon the practice of nursing home administration shall notify the board in writing immediately. The former administrator may thereafter resume the practice of nursing home administration within the state upon complying with the requirements of this section regarding biennial license renewal or license reinstatement, whichever is applicable.

Last updated March 22, 2023 at 12:42 PM

Section 4751.25 | Expiration, renewal, and reinstatement.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

(A) Subject to section 4751.32 of the Revised Code, a health services executive license is valid for one year and may be renewed and reinstated in accordance with this section.

(B) A licensed health services executive may apply to the board of executives of long-term services and supports for a renewed license. Subject to section 4751.32 of the Revised Code, the board shall renew the license if the licensed health services executive does all of the following before the license expires:

(1) Submits to the board the completed application for license renewal in accordance with rules adopted under section 4751.04 of the Revised Code;

(2) Pays to the board the license renewal fee of fifty dollars;

(3) Submits to the board satisfactory evidence of having attended such continuing education programs or courses of study as may be prescribed in rules adopted under section 4751.04 of the Revised Code.

(C)(1) If a health services executive license is not renewed before it expires, the individual who held the license may apply to the board for the license's reinstatement. Subject to section 4751.32 of the Revised Code, the board shall reinstate the license if the individual does all of the following not later than one year after the date the license expired:

(a) Submits to the board the completed application for license reinstatement in accordance with rules adopted under section 4751.04 of the Revised Code;

(b) Pays to the board the license reinstatement fee specified in division (C)(2) of this section;

(c) Submits to the board satisfactory evidence of having attended such continuing education programs or courses of study as may be prescribed in rules adopted under section 4751.04 of the Revised Code.

(2) The fee to reinstate a health services executive license under division (C)(1) of this section is the following:

(a) If the individual applying for reinstatement has, at the same time, applied for reinstatement of a nursing home administrator license under division (C) of section 4751.24 of the Revised Code and paid the reinstatement fee required by division (C)(2) of that section, one hundred dollars;

(b) If division (C)(2)(a) of this section does not apply to the individual, the sum of the following:

(i) One hundred dollars;

(ii) Twenty-five dollars for each calendar quarter that occurs during the period beginning on the date the license expired and ending on the last day of the calendar quarter during which the individual applies for license reinstatement, up to a maximum of one hundred dollars.

Section 4751.26 | Continuing education.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

The board of executives of long-term services and supports shall approve continuing education courses for licensed nursing home administrators and licensed health services executives. The board may establish a fee for approval of such courses that is adequate to cover any expense the board incurs in the approval process.

Section 4751.30 | Violation; complaint.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) Any person may submit to the board of executives of long-term services and supports a complaint that the person reasonably believes that another person has violated, or failed to comply with a requirement of, this chapter or a rule adopted under section 4751.04 of the Revised Code. All of the following apply to complaints submitted to the board under this section:

(1) Complaints and all information and documentation related to an investigation conducted by the board pursuant to a complaint, are confidential and not subject to discovery in any civil action, except that the confidential information may be used by the board in any hearing it conducts pursuant to Chapter 119. of the Revised Code.

(2) Complaints are not public records for purposes of section 149.43 of the Revised Code.

(3) Complaints are not subject to inspection or copying under section 1347.08 of the Revised Code.

(B) Except as provided in division (D) of section 4751.31 of the Revised Code, the board shall protect the confidentiality of each person who submits a complaint to the board under this section. Any entity that receives confidential information shall maintain the confidentiality of the information in the same manner as the board, notwithstanding any conflicting provision of the Revised Code or procedure of the entity.

(C) Information that is confidential under this section may be admitted in a judicial proceeding only in accordance with the Rules of Evidence of the court. The court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or a person who submitted a complaint to the board under this section. The court shall take measures to ensure confidentiality, which may include sealing records or redacting or deleting specific information from records.

Last updated October 4, 2023 at 12:07 PM

Section 4751.31 | Investigation by board.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

(A) The board of executives of long-term services and supports shall receive, investigate, and take appropriate action with respect to any complaint submitted to the board under section 4751.30 of the Revised Code and any other credible information the board possesses that indicates a person may have violated, or failed to comply with a requirement of, this chapter or a rule adopted under section 4751.04 of the Revised Code.

(B) In conducting an investigation under this section, the board may do any of the following:

(1) Question witnesses;

(2) Conduct interviews;

(3) Inspect and copy any books, accounts, papers, records, or other documents;

(4) Issue subpoenas;

(5) Compel the attendance of witnesses and the production of documents and testimony.

(C) No member of the board who supervises an investigation conducted under this section shall participate in any adjudication arising from the investigation.

(D) The board may disclose any information it receives as part of an investigation conducted under this section, including the identity of a person who submits a complaint under section 4751.30 of the Revised Code, to a law enforcement agency, licensing board, or other government agency that investigates, prosecutes, or adjudicates alleged violations of statutes or rules. An agency or board that receives such information shall protect the confidentiality of a person who submits a complaint under section 4751.30 of the Revised Code in the same manner as the board of executives of long-term services and supports, notwithstanding any other information that the agency or other board possesses.

Section 4751.32 | Disciplinary actions.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 (GA 134), House Bill 509 (GA 134)

(A) Except as provided in division (D) of this section, the board of executives of long-term services and supports may take any of the actions authorized by division (B) of this section against an individual who has applied for or holds a nursing home administrator license or health services executive license if any of the following apply to the individual:

(1) The individual has failed to satisfy any requirement established by this chapter or the rules adopted under section 4751.04 of the Revised Code that must be satisfied to obtain the license or temporary license.

(2) The individual has violated, or failed to comply with a requirement of, this chapter or a rule adopted under section 4751.04 of the Revised Code regarding the practice of nursing home administration, including the requirements of sections 4751.40 and 4751.41 of the Revised Code.

(3) The individual is unfit or incompetent to practice nursing home administration, serve in a leadership position at a long-term services and supports setting, or direct the practices of others in such a setting by reason of negligence, habits, or other causes, including the individual's habitual or excessive use or abuse of drugs, alcohol, or other substances.

(4) The individual has acted in a manner inconsistent with the health and safety of either of the following:

(a) The residents of the nursing home at which the individual practices nursing home administration;

(b) The consumers of services and supports provided by a long-term services and supports setting at which the individual serves in a leadership position or directs the practices of others.

(5) The individual has been convicted of, or pleaded guilty to, either of the following in a court of competent jurisdiction, either within or without this state:

(a) A felony;

(b) An offense of moral turpitude that constitutes a misdemeanor in this state.

(6) The individual made a false, fraudulent, deceptive, or misleading statement in seeking to obtain, or obtaining, a nursing home administrator license or health services executive license.

(7) The individual made a fraudulent misrepresentation in attempting to obtain, or obtaining, money or anything of value in the practice of nursing home administration or while serving in a leadership position at a long-term services and supports setting or directing the practices of others in such a setting.

(8) The individual has substantially deviated from the board's code of ethics.

(9) Another health care licensing agency has taken any of the following actions against the individual for any reason other than nonpayment of a fee:

(a) Denied, refused to renew or reinstate, limited, revoked, or suspended, or accepted the surrender of, a license or other authorization to practice;

(b) Imposed probation;

(c) Issued a censure or other reprimand.

(10) The individual has failed to do any of the following:

(a) Cooperate with an investigation conducted by the board under section 4751.31 of the Revised Code;

(b) Respond to or comply with a subpoena issued by the board in an investigation of the individual;

(c) Comply with any disciplinary action the board has taken against the individual pursuant to this section.

(B) The following are the actions that the board may take for the purpose of division (A) of this section:

(1) Deny the individual any of the following:

(a) A nursing home administrator license under section 4751.20, 4751.201, 4751.23, or 4751.24 of the Revised Code;

(b) A health services executive license under section 4751.201, 4751.21, 4751.23, or 4751.25 of the Revised Code.

(2) Suspend the individual's nursing home administrator license or health services executive license;

(3) Revoke the individual's nursing home administrator license or health services executive license, either permanently or for a period of time the board specifies;

(4) Place a limitation on the individual's nursing home administrator license or health services executive license;

(5) Place the individual on probation;

(6) Issue a written reprimand of the individual;

(7) Impose on the individual a civil penalty, fine, or other sanction specified in rules adopted under section 4751.04 of the Revised Code.

(C) The board shall take actions authorized by division (B) of this section in accordance with Chapter 119. of the Revised Code, except that the board may enter into a consent agreement with an individual to resolve an alleged violation of this chapter or a rule adopted under section 4751.04 of the Revised Code in lieu of making an adjudication regarding the alleged violation. A consent agreement constitutes the board's findings and order with respect to the matter addressed in the consent agreement if the board ratifies the consent agreement. Any admissions or findings included in a proposed consent agreement have no force or effect if the board refuses to ratify the consent agreement.

(D) The board shall not refuse to issue an initial nursing home administrator license or health services executive license, unless the refusal is in accordance with section 9.79 of the Revised Code.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated December 29, 2023 at 5:24 AM

Section 4751.33 | Application for reissuance of licenses.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

(A) The board of executives of long-term services and supports may, in its discretion, reissue a nursing home administrator license or health services executive license to any individual whose license or temporary license has been revoked. Application for the reissuance shall not be made prior to one year after revocation and shall be made in such manner as the board may direct.

(B) If an individual who has been convicted of, or pleaded guilty to, a felony is subsequently pardoned by the governor of the state where such conviction or plea was had or by the president of the United States, or receives a final release granted by the adult parole authority of this state or its equivalent agency of another state, the board may, in its discretion, on application of the individual and on the submission of evidence satisfactory to the board, restore the individual's nursing home administrator license or health services executive license.

Last updated March 22, 2023 at 12:44 PM

Section 4751.35 | Effect of child support default on license.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the board of executives of long-term services and supports shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license or temporary license issued pursuant to this chapter.

Section 4751.36 | Compliance with law regarding sanctions for human trafficking.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

The board of executives of long-term services and supports shall comply with section 4776.20 of the Revised Code.

Section 4751.37 | Compliance with requirements of Social Security Act.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

The board of executives of long-term services and supports shall take such actions as may be necessary to enable the state to meet the requirements set forth in section 1908 of the "Social Security Act," 42 U.S.C. 1396g.

Section 4751.38 | Creation of opportunities for the education, training, and credentialing.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

The board of executives of long-term services and supports shall create opportunities for the education, training, and credentialing of nursing home administrators, persons in leadership positions who practice in long-term services and supports settings or who direct the practices of others in those settings, and persons interested in serving in those roles. In carrying out this duty, the board shall do both the following:

(A) Identify core competencies and areas of knowledge that are appropriate for nursing home administrators, credentialed individuals, and others working within the long-term services and supports settings system, with an emphasis on all of the following:

(1) Leadership;

(2) Person-centered care;

(3) Principles of management within both the business and regulatory environments;

(4) An understanding of all post-acute settings, including transitions from acute settings and between post-acute settings.

(B) Assist in the development of a strong, competitive market in this state for making training, continuing education, and degree programs available to individuals seeking to practice nursing home administration, serve in a leadership position at a long-term services and support setting, or direct the practice of others in such a setting.

Section 4751.381 | Training through electronic media.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

(A) Training and education programs developed by the board of executives of long-term services and supports pursuant to section 4751.38 of the Revised Code may be conducted in person or through electronic media. The board may establish and charge a fee for the education and training programs.

(B) The board may enter into a contract with a government or private entity to perform the board's duties under section 4751.38 of the Revised Code to develop and conduct education and training programs. If the board enters into such a contract, the contract may authorize the entity to pay any or all costs associated with the education or training programs and to collect and keep, as all or part of the entity's compensation under the contract, any fee an applicant for education or training pays to enroll in the education or training program.

Section 4751.40 | Changes to addresses.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

Each licensed nursing home administrator and licensed health services executive shall report to the board of executives of long-term services and supports any change in any of the following not later than ten days after the change:

(A) The individual's residence mailing address;

(B) The name and address of each place at which the individual practices nursing home administration;

(C) The name and address of each long-term services and supports setting at which the individual serves in a leadership position or directs the practices of others.

Last updated March 22, 2023 at 12:45 PM

Section 4751.41 | Display of license.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

Every licensed nursing home administrator and licensed health services executive shall display the individual's license or temporary license in the place at which the individual practices nursing home administration and the long-term services and supports setting at which the individual serves in a leadership position or directs the practices of others.

Last updated March 22, 2023 at 12:45 PM

Section 4751.45 | Verification of license to other states.

• Effective: April 6, 2023
• Latest Legislation: House Bill 509 - 134th General Assembly

An individual who is a licensed nursing home administrator or licensed health services executive may request that the board of executives of long-term services and supports provide to a licensing board or agency of another state verification of the individual's licensure status under this chapter and other related information in the board's possession. The board shall provide the licensing board or agency of the other state the verification and other related information so requested if the individual pays to the board the fee for this service. The board shall adopt a rule under section 4751.04 of the Revised Code establishing the fee.

Last updated March 22, 2023 at 12:46 PM

Section 4751.99 | Penalty.

• Effective: October 17, 2019
• Latest Legislation: House Bill 166 - 133rd General Assembly

Whoever violates section 4751.10 of the Revised Code may be fined not more than five hundred dollars for the first offense; for each subsequent offense such person may be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

The imposition of fines pursuant to this section does not preclude the imposition of any civil penalties or fines authorized by section 4751.32 or any other section of the Revised Code.