Ohio Revised Code Search
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Section 5117.22 | Energy oil overcharge fund.
...All petroleum violation escrow funds received by this state from the federal government shall be deposited in the state treasury to the credit of the energy oil overcharge fund, which is hereby created. The fund shall be used by the development services agency for energy conservation and assistance programs approved by the United States department of energy. All investment earnings of the fund shall be credited... |
Section 5117.99 | Penalty.
...(A) Whoever violates division (A) of section 5117.11 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates division (B), (C), or (E) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates division (D) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 5119.01 | Definitions.
...ol use disorder and drug addiction. (4) "Alcohol use disorder" means a medical condition characterized by an individual's impaired ability to stop or control the individual's alcohol use despite adverse social, occupational, or health consequences. An alcohol use disorder may be classified as mild, moderate, or severe. (5) "Certifiable services and supports" means all of the following: (a) Alcohol and drug a... |
Section 5119.011 | References to department or director.
...(A) Whenever the term "department of mental health and addiction services" is used, referred to, or designated in any statute, rule, contract, grant, or other document, the use, reference, or designation shall be construed to mean the department of behavioral health. (B) Whenever the term "director of mental health and addiction services" is used, referred to, or designated in any statute, rule, contract, grant, or... |
Section 5119.04 | Compliance with standards.
...Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or other applicable standards. The requirements of this section are in addition to any other requirements established by the Revised Code and nothing in this section shall be construed to limit any rights, privileges, protections, or immunities which may exist under the constitution and laws of the United States or this state. |
Section 5119.05 | Managing officer; duties.
...Subject to the rules of the director of behavioral health, each institution under the jurisdiction of the department shall be under the management and control of a managing officer to be known as a chief executive officer or by another appropriate title. Such managing officer shall be appointed by the director of behavioral health, and shall be in the unclassified service and serve at the pleasure of the director. Ea... |
Section 5119.051 | Books and accounts; form and method.
...The department of behavioral health shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds. The department shall ... |
Section 5119.06 | Records.
...The department of behavioral health shall keep in its office, accessible only to its employees, except by the consent of the department or the order of the judge of a court of record, a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every patient in the institutions governed by it, the date, cause, and terms of discharge and the condition of such p... |
Section 5119.07 | Businesses located near institutions.
...A person, firm, or corporation may file a petition in the court of common pleas of the county in which a benevolent institution of the department of behavioral health is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circums... |
Section 5119.08 | Appointing special police officers for institutions.
...rovided in division (D) of section 2929.43 of the Revised Code in which the employee agrees to surrender the certificate awarded to that employee under section 109.77 of the Revised Code. (b) The managing officer shall suspend from employment as a special police officer of the department an employee designated as a special police officer under division (B)(1) of this section if that employee is convicted, after tri... |
Section 5119.09 | Physician specialists.
...ve a salary fixed pursuant to section 124.15 or 124.152 of the Revised Code. The director may employ and classify physicians in the department as physician specialists, within the classifications and pay ranges fixed pursuant to section 124.15 or 124.152 of the Revised Code. Any physician employed in the department, whether previously classified pursuant to section 124.15 or 124.152 of the Revised Code or otherwis... |
Section 5119.091 | Attorney general duties.
...avioral health, and shall represent the public hospital in proceedings under section 5122.15 of the Revised Code. The department of behavioral health shall reimburse the attorney general for the compensation of assistant attorneys general required to represent the public hospital in proceedings under section 5122.15 of the Revised Code and shall also pay the costs of litigation incurred by the attorney general under ... |
Section 5119.10 | Director of behavioral health powers and duties.
... institutions, and other entities, both public and private, as necessary for the department to carry out its duties under this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. Chapter 125. of the Revised Code does not apply to contracts the director enters into under this section for addiction services, mental health services, or recovery supports provided to individuals who have an addiction o... |
Section 5119.11 | Medical director; qualifications; duties.
...w and approve decisions relating to the employment of the chief clinical officers. The medical director or the medical director's designee shall advise the director on matters relating to licensure, research, the certification and delivery of addiction services and mental health services, and community addiction and mental health plans. The medical director shall participate in the development of guidelines for commu... |
Section 5119.14 | Department of behavioral health powers and duties generally.
...(A) The department of behavioral health shall maintain, operate, manage, and govern state institutions and other services for the care and treatment of persons with mental illnesses. (B)(1) The department of behavioral health may, with the approval of the governor, designate the name and purpose of any institutions under its jurisdiction and may change, with the approval of the governor, the designation and name w... |
Section 5119.141 | Authority of department.
... purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. Actions authorized by this section include the authority to adopt rules pursuant to Chapter 119. of the Revised Code that may be necessary to carry out the purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. |
Section 5119.15 | Investigative powers.
...The department of behavioral health may make such investigations as are necessary in the performance of its duties and to that end the director of behavioral health shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of such investigations stating the time, place... |
Section 5119.161 | Joint state plan to improve accessibility and timeliness of alcohol and drug addiction services.
...rsons receiving services under section 340.15 of the Revised Code and shall require the department of job and family services to seek federal funds available under Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the services to Ohio works first participants who are receiving services under section 340.15 of the Revised Code. The departments shall revie... |
Section 5119.17 | Addicted pregnant women and their children.
...egnant women referred for treatment; (4) Provides for the continued monitoring of women who were addicted to a drug of abuse during their pregnancies, after the birth of their children, and for the availability of treatment and rehabilitation for those women; (5) Provides a manner of determining the aggregate number of children who are born in this state to women who are addicted, at the time of birth, to a drug ... |
Section 5119.18 | Classified and unclassified appointments.
..., pursuant to division (D) of section 124.11 of the Revised Code. A person who holds a position in the classified service and who is appointed to a position in the unclassified service on or after January 1, 2016, shall have the right to resume a position in the classified service under this section only within five years after the effective date of the person's appointment in the unclassified service. |
Section 5119.181 | Certain convictions preclude appointments.
...ring officer involved in a case denying employment. (D) As used in this section, "applicant" means a person who is under final consideration for appointment to a position in the classified or unclassified service of the department of behavioral health. |
Section 5119.182 | Fidelity bond.
...The department of behavioral health may require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety company bond, properly conditioned, in a sum to be fixed by the department which when approved by the department, shall be filed in the offic... |
Section 5119.184 | Providing educational grants or tuition reimbursement for employees.
...r with another federal, state, or local public agency designated by the department for a period of time stated in the agreement. If an employee does not fulfill the employment requirement stated in the agreement, the department may take action to recover the amount of all educational grants or tuition reimbursements paid to the employee under this section, plus interest at the rate of ten per cent per year calculated... |
Section 5119.185 | Clinician recruitment program.
...rse" has the same meaning as in section 4723.01 of the Revised Code. (2) "Clinician" means any of the following: (a) An advanced practice registered nurse; (b) A physician; (c) A physician assistant. (3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (4) "Physician assistant" means an individual... |
Section 5119.186 | Conduct collaborative training efforts for students.
...esidents or trainees to encourage their employment in publicly funded settings upon completion of their training; (b) Procedures for the selection of residents or trainees to promote the admission, retention, and graduation of women, minorities, and disabled persons; (c) Cross-cultural training and other subjects considered necessary to enhance training efforts and the care and treatment of patients and clients; ... |
Section 5123.192 | Licensing for ICF/IID after 7/1/2013.
...(A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013: (1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 512... |
Section 5123.193 | Searchable database of vacancies in licensed residential facilities.
...The director of developmental disabilities shall include on the internet web site maintained by the department of developmental disabilities a searchable database of vacancies in licensed residential facilities. Each person or government entity operating a licensed residential facility shall provide current and accurate vacancy information to the department in accordance with procedures that the director shall establ... |
Section 5123.194 | Waiving support collection requirements to facilitate independent living.
...llection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent living. The department shall adopt rules in accordance with section 111.15 of the Revised Code to implement this section, including rules that establish the method the department shall use to determine when an individual is preparing to ... |
Section 5123.196 | Maximum number of beds.
...(A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. (B) The maximum number of beds for the purpose of division (A) of... |
Section 5123.197 | Initial residential facility license or modification of existing facility license not required in certain instances.
...ial facility pursuant to section 5123.042 of the Revised Code if all of the following apply: (A) The new residential facility or modification to the existing residential facility is to serve individuals who have diagnoses or special care needs for which a medicaid payment rate is set pursuant to section 5124.152 of the Revised Code; (B) The medicaid director and director of developmental disabilities determi... |
Section 5123.198 | Reduction in number of residents.
...lity can meet the individual's needs. (4) If the department completes the actions specified in divisions (C)(3)(a) and (b) of this section not later than ninety days after the date of the commitment and except as provided in division (D) of this section, the residential facility does all of the following not later than ninety days after the date of the commitment: (a) Evaluates the information provided by the depar... |
Section 5123.20 | Prohibiting operation without license.
...No person or government agency shall operate a residential facility or receive an individual with a developmental disability as a resident of a residential facility unless the facility is licensed under section 5123.19 of the Revised Code, and no person or governmental agency shall operate a respite care home or receive an individual with a developmental disability in a respite care home unless the home is certified ... |
Section 5123.21 | Transfers.
... consenting voluntary resident from one public institution to another or to an institution other than a public institution or other facility, if the director determines that it would be consistent with the habilitation needs of the resident to do so. Before an involuntary resident may be transferred to a more restrictive setting, the managing officer of the institution shall file a motion with the court reques... |
Section 5123.22 | Appropriating property.
...When it is necessary for an institution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the... |
Section 5123.221 | Cultivating land - purchases from other institutions.
...The department of developmental disabilities shall determine and direct what lands belonging to institutions under its control shall be cultivated. The department of agriculture, the department of health, and the Ohio state university shall cooperate with the department of developmental disabilities, and the managing officer of each institution mentioned in section 5123.03 of the Revised Code, in making su... |
Section 5123.24 | Businesses located near institutions.
...A person, firm, or corporation may file a petition in the court of common pleas of the county in which an institution under the jurisdiction of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishm... |
Section 5123.25 | Purchasing supplies.
...ive services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price. The department of administrative services may require such security as it considers proper to accompany the bids and shall ... |
Section 5123.26 | Funds.
...The treasurer of state shall have charge of all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while such moneys or funds are in... |
Section 5123.27 | Holding property in trust.
...n behalf of the state, if it is for the public interest, any grant, devise, gift, or bequest of money or property made to the state for the use or benefit of any institution under the jurisdiction of the department of developmental disabilities or for the use and benefit of persons with developmental disabilities who are under the control of the department. If the trust so provides, the money or property may be used ... |
Section 5123.28 | Handling funds belonging to residents.
...he personal effects shall be sold at public auction after being duly advertised, and the funds turned over to the treasurer of state for credit to the general revenue fund. If any of the property is not of a type to be filed with the county recorder and is not salable at public auction, the managing officer of the institution shall destroy that property. |
Section 5123.29 | Industrial and entertainment fund - commissary fund.
...Each managing officer of an institution under the jurisdiction of the department of developmental disabilities, with the approval of the director of developmental disabilities, may establish funds in the institutions under the jurisdiction of the department, designated as follows: (A) Industrial and entertainment fund for the entertainment and welfare of the residents of the institution. (B) Commissary f... |
Section 5123.30 | Books and accounts.
...The department of developmental disabilities shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds. The de... |
Section 5123.31 | Confidentiality.
...(A) The department of developmental disabilities shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every resident in the institutions governed by it, the date, cause, and terms of discharge and the condition of such person at the time of leaving, and also a record of all transfers from one institution to another, and, if such person dies ... |
Section 5123.33 | Annual report.
...In its annual report, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of the various institutions under its control. The report shall describe the condition of each institution, and shall state, as to each institution, whether: (A) The moneys appropriated have been economically and judiciously expended; (B) The objects ... |
Section 5123.34 | Liberal construction of chapter.
...isabilities. Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall be liberally construed to attain these purposes. |
Section 5123.35 | Ohio developmental disabilities council.
...tion that is open and accessible to the public is established for the meeting of the council; (b) A clear video and audio connection is established that enables all meeting participants at the primary meeting location to witness the participation of each member; (c) The minutes of the council identify which members participated by interactive video conference. (2) Notwithstanding division (C) of section 121.... |
Section 5123.351 | Eligibility for state reimbursement of expenses incurred by facilities and programs.
...rigin, disability as defined in section 4112.01 of the Revised Code, or inability to pay; (F) Provide consultative staff service to communities to assist in ascertaining needs and in planning and establishing programs. |
Section 5123.36 | State participation in developmental disability construction programs.
...es the project pursuant to section 126.14 of the Revised Code. |
Section 5123.37 | Application to sell facility and acquire replacement.
...A county board of developmental disabilities or private, nonprofit agency that receives state funds pursuant to an agreement with the director of developmental disabilities under section 5123.36 of the Revised Code to acquire a facility may apply to the director for approval to sell the facility before the terms of the agreement expire for the purpose of acquiring a replacement facility to be used to provide developm... |
Section 5123.371 | Payment to director after sale of facility.
...If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the county board of developmental disabilities or private, nonprofit agency that submitted the application shall, after selling the facility for which the county board or agency received approval to sell, pay to the director the portion of the proceeds that equals the amount that the direct... |