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OHIO PUBLIC RECORDS ACT
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Section 5122.231 | Applying for county services.

...Any person who has been hospitalized or committed under this chapter may, at any time, apply to the board of alcohol, drug addiction, and mental health services serving his county of residence for services listed in section 340.09 of the Revised Code.

Section 5122.25 | Rehearing.

...Upon the request of a hospital, person, board, community mental health services provider, or facility who has custody of a patient hospitalized pursuant to section 5122.15 of the Revised Code, or on the order of the court, such patient may be called for a rehearing at such place within the county of the patient's residence or the county where such patient is hospitalized as the court designates. The hearing sha...

Section 5122.26 | Patient absent without leave.

...officer immediately shall report such fact to the entity that issued the order. The chief clinical officer of a hospital may discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole and who has been absent without leave for more than thirty days but shall give written notice of the discharge to the court with crim...

Section 5122.27 | Chief clinical officer duties.

...ient or the patient's counsel or to the Ohio protection and advocacy system; (C) Receive treatment consistent with the treatment plan. The department of mental health and addiction services shall set standards for treatment provided to such patients, consistent wherever possible with standards set by the joint commission. (D) Receive periodic reevaluations of the treatment plan by the professional staff at interv...

Section 5122.271 | Consent to treatment.

...se or next of kin can reasonably be contacted, or if the spouse or next of kin is contacted, but refuses to consent, the surgery may be performed upon the written authorization of the chief clinical officer or, in a nonpublic hospital, upon the written authorization of the attending physician responsible for the patient's care, and after the approval of the court has been obtained. However, if delay in obtaining cour...

Section 5122.28 | Labor and tasks performed by patients.

...or for which the hospital is under contract with an outside organization. Privileges or release from the hospital shall not be conditional upon the performance of such labor. Patients who volunteer to perform such labor shall be compensated at a rate derived from the value of work performed, having reference to the prevailing wage rate for comparable work or wage rates established under section 4111.06 of the Revised...

Section 5122.29 | Patients' rights.

...coerced into engaging in any religious activities. (I) The right to social interaction with members of either sex, subject to adequate supervision, unless such social interaction is specifically withheld under a patient's written treatment plan for clear treatment reasons. As used in this section, "clear treatment reasons" means that permitting the patient to communicate freely with others will present a subs...

Section 5122.30 | Writ of habeas corpus.

...Any person detained pursuant to this chapter or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall be entitled to the writ of habeas corpus upon proper petition by self or by a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person is detained. No person may bring a petition for a writ of habeas corpus that alleges that a person involunta...

Section 5122.301 | Civil rights of patients.

... without limitation, the rights to contract, hold a professional, occupational, or motor vehicle driver's or commercial driver's license, marry or obtain a divorce, annulment, or dissolution of marriage, make a will, vote, and sue and be sued.

Section 5122.31 | Confidentiality.

...) That records in the possession of the Ohio history connection may be released to the closest living relative of a deceased patient upon request of that relative; (12) That records pertaining to the patient's diagnosis, course of treatment, treatment needs, and prognosis shall be disclosed and released to the appropriate prosecuting attorney if the patient was committed pursuant to section 2945.38, 2945.39, 2945.40...

Section 5122.311 | Notification of bureau of criminal identification and investigation of adjudication of mental illness.

... provided in this division, and are not public records. (C) The attorney general, by rule adopted under Chapter 119. of the Revised Code, shall prescribe and make available to all probate judges and all chief clinical officers a form to be used by them for the purpose of making the notifications required by division (A) of this section.

Section 5122.33 | Department of mental health and addiction services; additional powers.

...from the chief clinical officer of any public hospital relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each such hospital regularly to review the admission procedures of all new patients admitted between visits; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt such rules as are reasonably necessary to ...

Section 5122.34 | Immunity.

...unity mental health services providers, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge, determination of appropriate placement, court-ordered treatment, or in judicial proceedings of a person under this chapter, do not come within any criminal provisions, and are free from any liability t...

Section 5122.341 | Immunity from liability.

...ble for injury or damages caused by any action or inaction taken within the scope of the board member's official duties or employee's employment relating to the commitment of, and services provided to, the person committed to the department, unless the action or inaction constitutes willful or wanton misconduct. A board member's or employee's action or inaction does not constitute willful or wanton misconduct i...

Section 5122.35 | Venue.

...(A) In a case in which the jurisdiction of a court has not been specifically given or the procedure provided for, the court in the county in which a person alleged to be mentally ill is found shall have full, complete, and general jurisdiction to make disposition of such person in accordance with the procedure prescribed by Chapter 5122. of the Revised Code. (B) When an affidavit is filed in the court as provided in...

Section 5122.36 | Expenses of return to county of residence.

...If the legal residence of a person with a mental illness is in another county of the state, the necessary expense of the person's return is a proper charge against the county of legal residence. If an adjudication and order of hospitalization by the probate court of the county of temporary residence are required, the regular probate court fees and expenses incident to the order of hospitalization under this chapter a...

Section 5122.38 | Competency adjudications.

...Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The court, on its own motion, may initiate such a hearing. Upon filing of such application, or on the...

Section 5122.39 | Guardianship of mentally ill persons.

...found to be dependent or neglected, the public children's services agency in the county of residence has final guardianship authority and responsibility. (B) In no case shall the guardianship of a person with a mental illness be assigned to the chief medical officer or any staff member of a hospital, board, or provider from which the person is receiving mental health services.

Section 5122.41 | Transmission of court papers.

...provided for in this section, and while acting as such, shall be governed by all laws applicable to guardians of the estates of either minors or incompetents. The special guardian shall be allowed such compensation for his services as the court thinks reasonable, provided he forthwith performs all the duties incumbent upon him.

Section 5122.42 | Preservation of rights and privileges.

...Nothing in this chapter limits any rights, privileges, or immunities under the constitution, and laws of the United States or this state.

Section 5122.43 | Payment of costs, fees, and expenses of proceedings - reimbursement.

...ians or licensed clinical psychologists acting as expert witnesses and to other expert witnesses designated by the court, an amount determined by the court; (4) To other witnesses, the same fees and mileage as for attendance at the court of common pleas, to be paid upon the approval of the probate judge; (5) To a person, other than the sheriff or the sheriff's deputies, for taking a person with a mental illness...

Section 5122.44 | Patients buried on department hospital grounds - definitions.

...nds of or adjacent to the grounds of a public hospital: (1) Name; (2) Date of birth; (3) Date of death or burial; (4) Specific physical location of the burial, entombment, or inurnment, including the plot or grave site number if available. (B) "Patient" means an individual who died while admitted to a public hospital that was under the control of the department of mental health and addiction services. (C) "...

Section 5122.45 | Compilation of patient information for each cemetery.

...t complete compilations possible using records in the department's possession and records obtained in accordance with section 5122.46 of the Revised Code.

Section 5122.46 | History connection and state agencies to provide access to information.

...vices, provide the department access to records and information in the possession of the Ohio history connection or state agency for purposes of creating compilations.

Section 5122.47 | Deposit of compilations with history connection and state library.

...sit a copy of each compilation with the Ohio history connection and the state library as soon as a compilation is completed. The department shall not disclose any record or information used to create a compilation except as provided in sections 149.43 and 5122.31 of the Revised Code.