Ohio Revised Code Search
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Section 5119.25 | Withholding of funds for failure to comply with statutory or regulatory provisions.
...(A) The director of behavioral health may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply: (1) The board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the department of behavioral health; (2) The board denies... |
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Section 5119.26 | Civil rights and liberties of patients.
...Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a person receiving services to maintain the confidentiality of health and medical records, the right as a person detained for medical pur... |
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Section 5119.27 | Confidentiality of records pertaining to identity, diagnosis or treatment.
...perated or used in a manner contrary to law. The use of any information or record so disclosed shall be limited to the prosecution of persons who are or may be charged with any offense related to the illegal operation or use of the program, or to the decision to withdraw the authority of a the program to continue operation. For purposes of this division the court shall do all of the following: (1) Limit disclosure... |
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Section 5119.28 | Confidentiality of records pertaining to person's mental health condition, assessment, provision of care or treatment, or payment for assessment, care or treatment.
...th other provisions of state or federal law authorizing such disclosure; (3) That hospitals, boards of alcohol, drug addiction, and mental health services, licensed facilities, and community mental health services providers may release necessary information to insurers and other third-party payers, including government entities responsible for processing and authorizing payment, to obtain payment for goods and serv... |
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Section 5119.29 | Tracking and monitoring after release of persons found not guilty by reason of insanity or persons found incompetent to stand trial.
...The department of behavioral health, in conjunction with boards of alcohol, drug addiction, and mental health services and community mental health boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code who have been granted a conditional release and persons found incompetent to stand trial and ... |
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Section 5119.30 | Program providing information and services to courts.
...The department of behavioral health promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilitate the ability of the courts to utilize treatment and rehabilitation alternatives in addition to or in lieu of imposing sentences of impris... |
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Section 5119.31 | Procedure for purchase of supplies.
...The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of behavioral health in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour and at the pl... |
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Section 5119.311 | Examining mental and physical condition of confined person.
... or other detention of such person is unlawful. No such order shall be made in favor of any person committed and held for trial on a criminal charge, in confinement by an order of a judge or court made in a criminal proceeding, or in any case unless notice is given to the superintendent or other person having charge of the building in which the alleged person with a mental illness is detained, and a reasonable opport... |
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Section 5119.32 | Utilizing federal block grant funds.
...The department of behavioral health is hereby designated as the state administrative agency for the substance abuse prevention treatment block grant and the community mental health services block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as amended, and similar alcohol, drug abuse, or mental health programs that are specified in an appropriations act. |
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Section 5119.33 | Inspecting and licensing of hospitals for mentally ill persons.
...(A) The department of behavioral health shall inspect and license all hospitals that receive persons with mental illnesses, except those hospitals managed by the department. No hospital may receive for care or treatment, either at public or private expense, any person who is or appears to have a mental illness, whether or not so adjudicated, unless the hospital has received a license from the department authorizing i... |
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Section 5119.331 | Injunction.
...If the department of behavioral health determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common pleas in the county where the hospital is located to enjoin the hospital from continued operation in violation of section 5119.33 of the Rev... |
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Section 5119.332 | Payments and reimbursements to unlicensed hospital.
...No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of behavioral health. As used in this section, "third-party payer" means a health insuring corporation licensed under Chapter 1751. of the Revised Code, ... |
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Section 5119.333 | Prohibiting keeping or maintaining unlicensed hospital.
...No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of behavioral health, as provided by section 5119.33 of the Revised Code. |
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Section 5119.334 | Notice of adverse action - hospitals.
...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession. (B)(1) When submitting an application for initial or renewed l... |
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Section 5119.34 | Inspecting and licensing of residential facilities.
...(A) As used in this section and sections 5119.341 to 5119.344 of the Revised Code: (1) "Accommodations" means housing, daily meal preparation, laundry, housekeeping, arranging for transportation, social and recreational activities, maintenance, security, and other services that do not constitute personal care services or skilled nursing care. (2) "ADAMHS board" means a board of alcohol, drug addiction, and ment... |
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Section 5119.341 | Operations as permitted use.
...(A) Any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permitted use in any residential district or zone, including any single-family residential district or zone of any political subdivision. Such fa... |
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Section 5119.342 | Appointing receiver for residential facility.
...m to residents and no other remedies at law are adequate to protect the health, safety, and welfare of the residents. Petitions filed pursuant to this section shall include: (1) A description of the specific conditions existing at the residential facility which present a substantial risk of physical or mental harm to residents; (2) A statement of the absence of other adequate remedies at law; (3) The number ... |
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Section 5119.343 | Notice of adverse action - residential facilities.
...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession. (B)(1) When submitting an application for initial ... |
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Section 5119.344 | Summary suspension of a class one residential facility serving children.
...(A) As used in this section, "principal" means an owner, operator, or manager of a class one residential facility. (B) The department of mental health and addiction services may suspend, without a prior hearing, the license of a class one residential facility that serves children if any of the following occurs: (1) A child suffers a serious injury or dies while residing in the residential facility. (2) The depa... |
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Section 5119.345 | Residential facility directory.
...The department of behavioral health shall publish a directory of all residential facilities licensed under section 5119.34 of the Revised Code on the department's web site. For each facility, the directory shall include all of the following: (A) The name of the facility; (B) The facility's full address; (C) The facility's categorization as a class one, class two, or class three facility; (D) The services offe... |
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Section 5119.35 | Mental health and addiction services requiring certification.
...(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code. (B) Division (A) of this section does not apply to either of the... |
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Section 5119.36 | Certifying community mental health services or addiction services providers.
...(A) A person or government entity that seeks initial certification of one or more certifiable services and supports, or that seeks to renew certification of one or more certifiable services and supports, shall submit an application to the director of behavioral health. On receipt of the application, the director shall determine whether the standards established by division (B) of this section and any rules adopted un... |
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Section 5119.362 | Duties of community addiction services provider.
...(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports; (2) Notify an individual included on the provider's waiting list when the provider has a slot available for the individual and, if the... |
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Section 5119.363 | Adoption of rules for community addiction services providers.
...The director of behavioral health shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The director shall adopt rules under this section that authorize the department of behavioral health to determine an advanced practice registered nurse's, physician assistant's, ... |
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Section 5119.364 | Publication of reports.
...(A) The department of behavioral health shall do both of the following with the reports it receives from community addiction services providers under section 5119.362 of the Revised Code: (1) Subject to division (B) of this section, make the reports available on the department's internet web site; (2) Make the reports available in an electronic format to boards of alcohol, drug addiction, and mental health servi... |