(A) Disqualifying offense exclusionary
periods: Except as set forth in paragraphs (B), (C) and (D) of this rule, a
home health agency may employ an applicant or continue to employ an employee
who has been convicted of, pleaded guilty to, or found eligible for
intervention in lieu of conviction guilty of an offense listed in rule
3701-60-08 of the Administrative Code in a position involving providing direct
care to an individual pursuant to the following exclusionary
periods:
(1) Tier I: permanent
exclusion: No home health agency shall employ an applicant or continue to
employ an employee in a position involving providing direct care to an
individual who has been convicted of, or pleaded guilty to, an offense in any
of the following sections of the Revised Code or an offensce of any existing or
former municipal ordinance or law of this state, any other state, or the United
States that is substantially equivalent to any of the following sections of the
Revised Code:
(a) 2903.01 (aggravated murder);
(b) 2903.02 (murder);
(c) 2903.03 (voluntary manslaughter);
(d) 2903.06 (aggravated
vehicular homicide, vehicular homicide, vehicular manslaughter
(e) 2903.08 (aggravated
vehicular assault, vehicular assault);
(f) 2903.11 (felonious assault);
(g) 2903.15 (permitting
child abuse);
(h) 2903.16 (knowingly or recklessly failing to provide for
a functionally-impaired person);
(i) 2903.34 (patient abuse, gross patient abuse, patient
neglect);
(j) 2903.341 (patient endangerment);
(k) 2905.01 (kidnapping);
(l) 2905.02 (abduction);
(m) 2905.32 (trafficking in persons);
(n) 2905.33 (unlawful conduct with respect to
documents);
(o) 2907.02 (rape);
(p) 2907.03 (sexual battery);
(q) 2907.04 (unlawful sexual conduct with a minor, formerly
corruption of a minor);
(r) 2907.05 (gross sexual imposition);
(s) 2907.06 (sexual imposition);
(t) 2907.07 (importuning);
(u) 2907.08 (voyeurism);
(v) 2907.12 (felonious sexual penetration);
(w) 2907.31 (disseminating matter harmful to
juveniles);
(x) 2907.32 (pandering obscenity);
(y) 2907.321 (pandering obscenity involving a minor or
impaired person);
(z) 2907.322 (pandering sexually-oriented matter involving
a minor or impaired person);
(aa) 2907.323 (illegal use of a minor or impaired person in
nudity-oriented material or performance);
(bb) 2909.22 (soliciting or providing support for an act of
terrorism);
(cc) 2909.23 (making a terroristic threat);
(dd) 2909.24 (terrorism);
(ee) 2913.40 (medicaid fraud);
(ff) If related to another offense under paragraph (A)(1)
of this rule, 2923.01 (conspiracy), 2923.02 (attempt), or 2923.03 (complicity);
or
(2) Tier II: ten-year
exclusionary period:
(a) No home health agency shall employ an applicant or
continue to employ an employee in a position providing direct care to an
individual for a period of ten years from the date the applicant or employee
was fully discharged from all imprisonment, probation, or parole, if the
applicant or employee has been convicted of, or pleaded guilty to, an offense
in any of the following sections of the Revised Code or an offence of any
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to any of the following
sections of the Revised Code:
(i) 2903.04 (involuntary
manslaughter);
(ii) 2903.041 (reckless
homicide);
(iii) 2905.04 (child
stealing, as it existed prior to July 1, 1996);
(iv) 2905.05 (child
enticement);
(v) 2905.11
(extortion);
(vi) 2907.21 (compelling
prostitution);
(vii) 2907.22 (promoting
prostitution);
(viii) 2907.23 (enticing
or soliciting another person to patronize a prostitute; procurement of a
prostitute for another person to patronize);
(ix) 2909.02 (aggravated
arson);
(x) 2909.03
(arson);
(xi) 2911.01 (aggravated
robbery);
(xii) 2911.11 (aggravated
burglary);
(xiii) 2913.46 (illegal
use of SNAP or WIC program benefits);
(xiv) 2913.48
(worker's compensation fraud);
(xv) 2913.49 (identity
fraud);
(xvi) 2917.02 (aggravated
riot);
(xvii) 2923.12 (carrying
concealed weapons);
(xviii) 2923.122 (illegal
conveyance or possession of deadly weapon or dangerous ordnance in a school
safety zone, illegal possession of an object indistinguishable from a firearm
in a school safety zone);
(xix) 2923.123 (illegal
conveyance of a deadly weapon into a courthouse, possession or control of
deadly weapon or ordnance into a courthouse);
(xx) 2923.13 (having
weapons while under disability);
(xxi) 2923.161
(improperly discharging a firearm at or into a habitation, school safety zone,
or with the intent to cause harm or panic to persons in a school, in a school
building, or at a school function or the evacuation of a school
function);
(xxii) 2923.162
(discharge of firearm on or near prohibited premises);
(xxiii) 2923.21
(improperly furnishing firearms to a minor);
(xxiv) 2923.32 (engaging
in a pattern of corrupt activity);
(xxv) 2923.42
(participating in a criminal gang);
(xxvi) 2925.02
(corrupting another with drugs);
(xxvii) 2925.03
(aggravated trafficking in drugs, trafficking in drugs, trafficking in
marihuana, trafficking in cocaine, trafficking in LSD, trafficking in heroin,
trafficking in hashish, trafficking in a controlled substance analog,
trafficking in a fentanyl-related compound);
(xxviii) 2925.04 (illegal
manufacture of drugs, cultivation of marijuana);
(xxix) 2925.041 (illegal
assembly or possession of chemicals for the manufacture of drugs)
(xxx) 3716.11 (placing
harmful or hazardous objects in food or confection);
(xxxi) If related to
another offense under paragraph (A)(2)(a) of this rule, 2923.01 (conspiracy),
2923.02 (attempt), or 2923.03 (complicity); or,
(xxxii) An offense of an
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to any of the offenses
described under paragraphs (A)(2)(a)(i) to (A)(2)(a)(xxxi) of this
rule.
(b) If an applicant or employee has been convicted of
multiple disqualifying offenses, including an offense listed in paragraph
(A)(2)(a) of this rule, and another offense or offenses listed in paragraph
(A)(2)(a), (A)(3)(a), or (A)(4)(a) of this rule, and if the multiple
disqualifying offenses are not the result of, or connected to, the same act,
the applicant or employee is subject to a fifteen-year exclusionary
period.
(3) Tier III: seven-year
exclusionary period:
(a) No employer shall employ an applicant or continue to
employ an employee in a position providing direct car to an individual for a
period of seven years from the date the applicant or employee was fully
discharged from all imprisonment, probation, or parole, if the applicant or
employee has been convicted of, or pleaded guilty to, any offense in any of the
following sections of the Revised Code or an offence of any existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to any of the following sections of the
Revised Code::
(i) 959.13 (cruelty to
animals);
(ii) 959.131
(prohibitions concerning companion animals);
(iii) 2903.12 (aggravated
assault);
(iv) 2903.21 (aggravated
menacing);
(v) 2903.211 (menacing
by stalking);
(vi) 2905.12
(coercion);
(vii) 2909.04 (disrupting
public services);
(viii) 2911.02
(robbery);
(ix) 2911.12 (burglary,
trespass in a habitation when a person is present or likely to be
present);
(x) 2913.47 (insurance
fraud);
(xi) 2917.01 (inciting to
violence);
(xii) 2917.03
(riot);
(xiii) 2917.31 (inducing
panic);
(xiv) 2919.22
(endangering children);
(xv) 2919.25 (domestic
violence);
(xvi) 2921.03
(intimidation);
(xvii) 2921.11
(perjury);
(xviii) 2921.13
(falsification, falsification in a theft offense, falsification to purchase a
firearm, or falsification to obtain a concealed handgun license, falsification
regarding a removal proceeding);
(xix) 2921.34
(escape);
(xx) 2921.35 (aiding
escape or resistance to lawful authority);
(xxi) 2921.36 (illegal
conveyance of weapons, drugs, intoxicating liquor, or a communications device
onto the grounds of a specified government facility, illegal conveyance of cash
onto the grounds of a detention facility);
(xxii) 2925.05 (funding
drug trafficking);
(xxiii) 2925.06 (illegal
administration of distribution of anabolic steroids);
(xxiv) 2925.24 (tampering
with drugs);
(xxv) 2927.12 (ethnic
intimidation); or
(xxvi) If related to
another offense under paragraph (A)(3)(a) of this rule, 2923.01 (conspiracy),
2923.02 (attempt), or 2923.03 (complicity).
(b) If an applicant or employee has been convicted of
multiple disqualifying offenses, including an offense listed in paragraph
(A)(3)(a) of this rule, and another offense or offenses listed in paragraph
(A)(3)(a) or (A)(4)(a) of this rule, and if the multiple disqualifying offenses
are not the result of, or connected to, the same act, the applicant or employee
is subject to a ten-year exclusionary period.
(4) Tier IV: five-year
exclusionary period:
(a) No home health agency shall employ and applicant or
continue to employ an employee in a position providing direct care to an
individual for a period of five years from the date the applicant or employee
was fully discharged from all imprisonment, probation, or parole, if the
applicant or employee has been convicted of, or pleaded guilty to, and offense
in any of the following sections of the Revised Code or an offence of any
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to any of the following
sections of the Revised Code:
(i) 2903.13
(assault);
(ii) 2903.22
(menacing);
(iii) 2907.09 (public
indecency);
(iv) 2907.24 (soliciting,
engaging in solicitation after a positive HIV test);
(v) 2907.25
(prostitution, engaging in prostitution after a positive HIV
test);
(vi) 2907.33 (deception
to obtain matter harmful to juveniles);
(vii) 2911.13 (breaking
and entering);
(viii) 2913.02
(theft);
(ix) 2913.03
(unauthorized use of a vehicle);
(x) 2913.04 (unauthorized
use of property; unauthorized use of computer, cable, or telecommunication
property; unauthorized use of the law enforcement automated database system;
unauthorized use of the Ohio law enforcement gateway);
(xi) 2913.05
(telecommunications fraud);
(xii) 2913.11 (passing
bad checks);
(xiii) 2913.21 (misuse of
credit cards);
(xiv) 2913.31 (forgery,
forging identification cards or selling or distributing forged identification
cards);
(xv) 2913.32 (criminal
simulation);
(xvi) 2913.41 (defrauding
a rental agency or hostelry);
(xvii) 2913.42 (tampering
with records);
(xviii) 2913.43 (securing
writings by deception);
(xix) 2913.44
(personating an officer);
(xx) 2913.441 (unlawful
display of the emblem of a law enforcement agency or an organization of law
enforcement officers);
(xxi) 2913.45 (defrauding
creditors);
(xxii) 2913.51 (receiving
stolen property);
(xxiii) 2919.12 (unlawful
abortion);
(xxiv) 2919.121 (unlawful
abortion (upon minor);
(xxv) 2919.123 (unlawful distribution of an abortion-inducing
drug);
(xxvi) 2919.124 (unlawful performance of a drug-induced
abortion);
(xxvii) 2919.23 (interference with custody);
(xxviii) 2919.24 (contributing to the unruliness or delinquency
of a child);
(xxix) 2921.12 (tampering with evidence);
(xxx) 2921.21 (compounding a crime);
(xxxi) 2921.24 (disclosure of confidential
information);
(xxxii) 2921.32 (obstructing justice);
(xxxiii) 2921.321 (assaulting or harassing a police dog or
horse, assaulting or harassing an assistance dog);
(xxxiv) 2921.51 (impersonation of peace officer, private police
officer, federal law enforcement officer, or BCII investigator);
(xxxv) 2925.09 (illegal administration, dispensing,
distribution, manufacture, possession, selling, or using of any dangerous drug
to or for livestock or any animal that is generally used for food or in the
production of food, unless the drug is prescribed by a licensed
veterinarian);
(xxxvi) 2925.11 (aggravated possession of drugs, possession of
drugs, possession of cocaine, possession of LSD, possession of heroin,
possession of hashish, possession of a controlled substance analog, possession
of marihuana, possession of a fentanyl-related compound), unless a minor drug
possession offense;
(xxxvii) 2925.13 (permitting drug abuse);
(xxxviii) 2925.22 (deception to obtain a dangerous
drug);
(xxxix) 2925.23 (illegal processing of drug
documents);
(xl) 2925.36 (illegal dispensing of drug
samples);
(xli) (unlawful purchase of a pseudoephedrine product or
ephedrine product, underage purchase of a pseudoephedrine product or ephedrine
product, using false information to purchase a pseudoephedrine product or
ephedrine product, improper purchase of a pseudoephedrine product or ephedrine
product);
(xlii) 2925.56 (unlawfully selling a pseudoephedrine product
or ephedrine product; unlawfully selling a pseudoephedrine product or ephedrine
product to a minor; improper sale of a pseudoephedrine product or ephedrine
product); or,
(xliii) ) If related to another offense under paragraph
(A)(4)(a) of this rule, 2923.01 (conspiracy), 2923.02 (attempt), or 2923.03
(complicity).
(b) If an applicant or employee has been convicted of
multiple disqualifying offenses listed in paragraph (A)(4)(a) of this rule, and
if the multiple disqualifying offenses are not the result of, or connected to,
the same act, the applicant or employee is subject to a seven-year exclusionary
period.
(5) Tier V: no
exclusionary period: A home health agency may employ an applicant or continue
to employ an employee in a position providing direct care to an individual who
has been convicted of, or pleaded guilty to, any of the following sections of
the Revised Code or an offense of any existing or former municipal ordinance or
law of this state, any other state, or the United States that is substantially
equivalent to any of the following sections of the Revised Code:
(a) 2925.11 (drug possession that is a minor drug
possession offense);
(b) 2925.14 (illegal use, possession, dealing, selling to a
juvenile, or advertising of drug paraphernalia); or
(c) 2925.141 (illegal use or possession of marihuana drug
paraphernalia).
(B) Certificates: Except for individual
with a disqualifying offense listed in paragraph (A)(1) of this rule, a home
health agency may hire an applicant or continue to employ an employee who has
been issued either a:
(1) Certificate of
qualification for employment issued by a court of common pleas with competent
jurisdiction pursuant to section 2953.25 of the Revised Code; or,
(2) Certificate of
achievement and employability in a home and community-based service-related
field, issued by the department of rehabilitation and corrections pursuant to
section 2961.22 of the Revised Code.
(C) Limited grandfathering: A home health
agency may continue to employ an employee who is otherwise excluded by
paragraph (A)(4) of this rule if:
(1) The offense or
offenses are listed in paragraph (A)(4) of this rule;
(2) The employee was
hired prior to January 1, 2013;
(3) The conviction or
plea of guilt occurred prior to January 1, 2013;
(4) The home health
agency has considered the nature and seriousness of the offense or offenses and
attests, in writing prior to April 1, 2013, to the employee's character
and fitness based on their demonstrated work performance.
(D) Pardons: A conviction or a plea of
guilty to an offense listed or described in rule 3701-60-08 of the
Administrative Code shall not prevent an applicant's employment or an
employee's continued employment under any of the following
circumstances:
(1) The applicant or
employee has been granted an unconditional pardon for the offense pursuant to
Chapter 2967. of the Revised Code;
(2) The applicant or
employee has been granted an unconditional pardon for the offense pursuant to
an existing or former law of this state, any other state, or the United States,
if the law is substantially equivalent to Chapter 2967. of the Revised
Code;
(3) The conviction or
guilty plea has been set aside pursuant to law; or,
(4) The applicant or
employee has been granted a conditional pardon for the offense pursuant to
Chapter 2967. of the Revised Code, and the conditions under which the pardon
was granted have been satisfied.