Ohio Revised Code Search
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Section 5122.31 | Confidentiality.
... the person identified, or the person's legal guardian, if any, or if the person is a minor, the person's parent or legal guardian, consents, and if the disclosure is in the best interests of the person, as may be determined by the court for judicial records and by the chief clinical officer for medical records; (2) When disclosure is provided for in this chapter or Chapters 340. or 5119. of the Revised Code or in ... |
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Section 5122.311 | Notification of bureau of criminal identification and investigation of adjudication of mental illness.
...fice of the attorney general shall compile and maintain the notices it receives under division (A) of this section and the notices shall be used for the purpose of conducting incompetency records checks pursuant to section 311.41 of the Revised Code. The notices and the information they contain are confidential, except as provided in this division, and are not public records. (C) The attorney general, by rule adopt... |
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Section 5122.32 | Confidentiality of quality assurance records.
...s if needed to perform a licensing or accreditation function related to department of behavioral health hospitals or community setting programs, or to perform monitoring of a hospital or program of that nature as required by law. (F) A disclosure of quality assurance records pursuant to division (E) of this section does not otherwise waive the confidential and privileged status of the disclosed quality assurance re... |
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Section 5122.33 | Department of mental health and addiction services; additional powers.
...he 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 effectuate the provisions of this chapter. |
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Section 5122.34 | Immunity.
... 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 to the person hospitalized or receiving court-... |
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Section 5122.341 | Immunity from liability.
...rson committed to the department is liable 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 constitu... |
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Section 5122.35 | Venue.
...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 5122.11 of the Revised Code, and the person alleged to be mentally ill is detained in a hospital located in a... |
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Section 5122.36 | Expenses of return to county of residence.
...n 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 and any other expense incurred on ... |
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Section 5122.38 | Competency adjudications.
...transcript of the adjudication to the county of the patient's residence. |
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Section 5122.39 | Guardianship of mentally ill persons.
...italization pursuant to this chapter, unless parental rights have been terminated pursuant to a court finding that the minor is neglected or dependent. Where a minor with a mental illness is 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 ... |
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Section 5122.41 | Transmission of court papers.
...possession of all money and other valuables that may be upon the person of the patient, and shall within ten days file a list thereof with the probate judge of the county of which the patient is a resident. If the amount of money is fifty dollars or less it shall be retained and expended by the chief clinical officer of the hospital for the benefit of the patient. Unless a guardian of the estate of the patient has al... |
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Section 5122.42 | Preservation of rights and privileges.
...er limits any rights, privileges, or immunities under the constitution, and laws of the United States or this state. |
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Section 5122.43 | Payment of costs, fees, and expenses of proceedings - reimbursement.
...puties, the same fees allowed to constables, to be paid upon the approval of the probate judge; (2) To sheriffs or their deputies, the same fees allowed for similar services in the court of common pleas; (3) To physicians 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... |
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Section 5122.44 | Patients buried on department hospital grounds - definitions.
... 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 behavioral health. (C) "Record" has the same meaning as in section 149.011 of the Revised Code. (D) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any... |
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Section 5122.45 | Compilation of patient information for each cemetery.
...ation shall be created within a reasonable time not exceeding three years after March 31, 2005. The department shall use its best efforts to create the most complete compilations possible using records in the department's possession and records obtained in accordance with section 5122.46 of the Revised Code. |
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Section 5122.46 | History connection and state agencies to provide access to information.
...hio history connection and each state agency shall, at the request of the department of behavioral health, provide the department access to records and information in the possession of the Ohio history connection or state agency for purposes of creating compilations. |
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Section 5122.47 | Deposit of compilations with history connection and state library.
...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. |
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Section 5122.99 | Penalty.
...sand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense. |
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Section 5123.01 | Department of developmental disabilities definitions.
... this chapter, and Chapters 5124. and 5126. of the Revised Code, only to the extent, if any, provided by the contract required by section 5166.21 of the Revised Code regarding the waiver. (H) "ICF/IID" and "ICF/IID services" have the same meanings as in section 5124.01 of the Revised Code. (I) "Indigent person" means a person who is unable, without substantial financial hardship, to provide for the payment of a... |
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Section 5123.011 | Adoption of rules.
...ars of age or older has a substantial functional limitation in a major life activity as appropriate for the person's age. |
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Section 5123.012 | Eligibility determinations.
...with a disability eligible for services under section 3323.02 of the Revised Code whose disability is not attributable solely to mental illness, as defined in section 5122.01 of the Revised Code. (C)(1) The department shall make determinations of eligibility for protective services in accordance with sections 5123.55 to 5123.59 of the Revised Code. (2) Determinations of whether a person with an intellectual disabil... |
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Section 5123.013 | Application of chapter.
... apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapter is in conflict with a provision in sections 2945.37 to 29... |
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Section 5123.014 | Reference to department or director and other terms.
...lity" contained in section 5123.01 or 5126.01 of the Revised Code, as the case may be. Whenever "mentally retarded person subject to institutionalization by court order" or any derivation of that term is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to have the same meaning established by or derived from the definition of "person with an i... |
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Section 5123.02 | Duties of department.
...horities in planning and developing community-wide services for persons with developmental disabilities and their families; (E) Promote programs of professional training and research in cooperation with other state departments, agencies, and institutions of higher learning. |
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Section 5123.021 | Determining need for nursing facility care.
...)(2) of this section and rules adopted under division (E)(3) of this section, for purposes of section 5165.03 of the Revised Code, the department of developmental disabilities shall determine in accordance with section 1919(e)(7) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations adopted under section 1919(f)(8)(A) of that act whether, because of the individual's ph... |