Ohio Revised Code Search
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Section 5122.26 | Patient absent without leave.
...(A) If a patient is absent without leave, on a verbal or written order issued within five days of the time of the unauthorized absence by the department of behavioral health, the chief clinical officer of the hospital from which the patient is absent without leave, or the court of either the county from which the patient was committed or in which the patient is found, any health or police officer or sheriff may take ... |
Section 5122.27 | Chief clinical officer duties.
...The chief clinical officer of the hospital or the chief clinical officer's designee shall assure that all patients hospitalized or committed pursuant to this chapter shall: (A) Receive, within twenty days of their admission sufficient professional care to assure that an evaluation of current status, differential diagnosis, probable prognosis, and description of the current treatment plan is stated on the official ... |
Section 5122.271 | Consent to treatment.
...(A) Except as provided in divisions (C), (D), and (E) of this section, the chief clinical officer or, in a nonpublic hospital, the attending physician responsible for a patient's care shall provide all information, including expected physical and medical consequences, necessary to enable any patient of a hospital for persons with mental illnesses to give a fully informed, intelligent, and knowing consent, the opportu... |
Section 5122.28 | Labor and tasks performed by patients.
...No patient of a hospital for persons with mental illnesses shall be compelled to perform labor which involves the operation, support, or maintenance of the hospital 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 deri... |
Section 5122.29 | Patients' rights.
...All patients hospitalized or committed pursuant to this chapter have the following rights: (A) The right to a written list of all rights enumerated in this chapter, to that person, that person's legal guardian, and that person's counsel. If the person is unable to read, the list shall be read and explained to the person. (B) The right at all times to be treated with consideration and respect for the patient's... |
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.
...No person shall be deprived of any public or private employment solely because of having been admitted to a hospital or otherwise receiving services, voluntarily or involuntarily, for a mental illness or other mental disability. Any person admitted to a hospital or otherwise taken into custody, voluntarily or involuntarily, under this chapter retains all civil rights not specifically denied in the Revised Code or re... |
Section 5122.31 | Confidentiality.
...(A) All certificates, applications, records, and reports made for the purpose of this chapter and sections 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code, other than court journal entries or court docket entries, and directly or indirectly identifying a patient or former patient or person whose hospitalization or commitment has been sought under this chapter, shall be kept confidential and shal... |
Section 5122.311 | Notification of bureau of criminal identification and investigation of adjudication of mental illness.
...(A) Notwithstanding any provision of the Revised Code to the contrary, if, on or after April 8, 2004, an individual is found by a court to be a person with a mental illness subject to court order or becomes an involuntary patient other than one who is a patient only for purposes of observation, the probate judge who made the adjudication or the chief clinical officer of the hospital, community mental health services ... |
Section 5122.32 | Confidentiality of quality assurance records.
...(A) As used in this section: (1) "Quality assurance committee" means a committee that is appointed in the central office of the department of behavioral health by the director of behavioral health, a committee of a hospital or community setting program, or a duly authorized subcommittee of a committee of that nature and that is designated to carry out quality assurance program activities. (2) "Quality assurance p... |
Section 5122.33 | Department of mental health and addiction services; additional powers.
...The department of behavioral health may prescribe the form of applications, reports, records, and medical certificates provided for under this chapter, and the information required to be contained therein; require reports 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 admis... |
Section 5122.34 | Immunity.
...(A) Persons, including, but not limited to, boards of alcohol, drug addiction, and mental health services and community 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 proceed... |
Section 5122.341 | Immunity from liability.
...(A) As used in this section: (1) "Facility or provider" means, in the context of a person committed to the department of behavioral health under sections 2945.37 to 2945.402 of the Revised Code, any entity in which the department of behavioral health places such a person. (2) "Person committed to the department" means a person committed to the department of behavioral health under sections 2945.37 to 2945.402 of... |
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.
...(A) Minors with mental illnesses shall remain under the natural guardianship of their parents, notwithstanding hospitalization 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 gua... |
Section 5122.41 | Transmission of court papers.
...The court, upon making an order hospitalizing a person under this chapter, shall immediately transmit to the chief clinical officer of the hospital, copies, under his official seal, of court papers in the case, including the certificate of the medical witnesses and of his findings in the case. Upon hospitalization, the chief clinical officer of the hospital to which the patient is admitted shall take possession of a... |
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.
...(A) Costs, fees, and expenses of all proceedings held under this chapter shall be paid as follows: (1) To police and health officers, other than sheriffs or their deputies, 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 psy... |
Section 5122.44 | Patients buried on department hospital grounds - definitions.
...As used in sections 5122.44 to 5122.47 of the Revised Code: (A) "Compilation" means a written list of the following information, as the department of behavioral health is able to reasonably ascertain, for every patient who was buried, entombed, or inurned prior to March 31, 2005, in a cemetery located on the grounds of or adjacent to the grounds of a public hospital: (1) Name; (2) Date of birth; (3) Date of ... |
Section 5122.45 | Compilation of patient information for each cemetery.
...The department of behavioral health shall create a separate compilation for each cemetery located on the grounds of or adjacent to the grounds of a public hospital that is under the control of the department on March 31, 2005. The compilation 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 poss... |
Section 5122.46 | History connection and state agencies to provide access to information.
...The Ohio 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. |
Section 5122.47 | Deposit of compilations with history connection and state library.
...The department of behavioral health shall deposit 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. |
Section 5122.99 | Penalty.
...A person who violates division (B)(2) of section 5122.32 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense. |