Rule 173-9-02 | Background checks for paid direct-care positions: applicability.
(A) Applicability: This chapter applies to every paid direct-care position unless this rule states otherwise. (For more information, please see the tables to appendix A to rule 173-9-04 of the Administrative Code.)
(B) Inapplicability: This chapter does not apply to the following positions:
(1) A volunteer position.
(2) A position whose sole duty is transporting consumers under Chapter 306. of the Revised Code (i.e., while working for a county transit system, regional transit authority, or regional transit commission).
(3) An ambulette driver employed by an organization licensed under Chapter 4766. of the Revised Code.
(4) A position in a residential care facility. (See the background check requirements in Chapter 3701-13 of the Administrative Code.)
(5) A position providing direct care, as defined in section 3740.01 of the Revised Code, for a provider that needs a home health license under Chapter 3740. of the Revised Code. (See the background check requirements in Chapter 3701-60 of the Administrative Code.)
(6) An attorney licensed to practice law in this state.
(7) A person who is not licensed to practice law in this state, but, at the direction of an attorney licensed to practice law in this state, assists the attorney in the attorney's provision of legal services.
Last updated February 2, 2026 at 8:00 AM
Supplemental Information
Amplifies: 173.38, 173.381; 42 C.F.R. 460.68, 460.71
Five Year Review Date: 11/29/2030
Prior Effective Dates: 7/11/1991, 3/4/1997 (Emer.), 7/31/1997, 12/27/2001, 4/17/2003, 12/28/2006, 1/1/2008, 2/15/2009, 8/11/2011, 1/1/2013, 4/1/2014, 2/1/2015, 8/1/2017, 11/1/2023