Ohio Revised Code Search
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Section 3721.162 | Determining whether transfer or discharge complies.
...(A) On receiving a request pursuant to section 3721.161 of the Revised Code, the department of health shall conduct hearings under this section in accordance with 42 C.F.R. 431, subpart E, to determine whether the proposed transfer or discharge of the resident from the home complies with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code. (B) The department shall employ or contrac... |
Section 3721.17 | Grievance procedure.
...0 to 3721.17 of the Revised Code, or of rules, policies, or procedures adopted pursuant to those sections, not covered by division (C)(1) of this section, or it may refer the complaint to the grievance committee at the home where the alleged violation occurred, or to the attorney general. (D) If, after an investigation, the department of health finds probable cause to believe that a violation of sections 3721.10 t... |
Section 3721.18 | Attorney general duties.
...of Chapter 3721. of the Revised Code or rules, policies, or procedures adopted thereunder. When it appears, as the result of the investigation, that there is cause to prosecute for the commission of a crime, the attorney general shall refer the evidence to the prosecuting attorney having jurisdiction in the matter. |
Section 3721.19 | Nonparticipation in state assistance program.
...(A) As used in this section: (1) "Home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code; (2) "Provider agreement" has the same meaning as in section 5165.01 of the Revised Code. (3) "Sponsor" and "residents' rights advocate" have the same meanings as in section 3721.10 of the Revised Code. A home licensed under this chapter that is not a party to a provider ag... |
Section 3721.20 | Compassionate care visits.
...ergy members, hair salon personnel, and contractors conducting critical on-site maintenance. A facility may, however, restrict such an individual from providing services in the facility if the individual is subject to a work exclusion due to direct exposure to a contagious disease or illness or shows symptoms of a contagious disease or illness when being screened before entering the facility. The health care and othe... |
Section 3721.21 | Long-term care facility definitions.
...lled nursing care that are specified in rules the director of health shall adopt in accordance with Chapter 119. of the Revised Code. (N) "Personal care services" has the same meaning as in section 3721.01 of the Revised Code. (O)(1) Except as provided in division (O)(2) of this section, "nurse aide" means an individual who provides nursing and nursing-related services to residents in a long-term care facility, e... |
Section 3721.22 | Reporting abuse or neglect of resident or misappropriation of property.
...(A)(1) No person identified in division (P)(1) to (12), (14), or (15) of section 3721.21 of the Revised Code who knows or suspects that a resident has been abused, neglected, or exploited, or that a resident's property has been misappropriated, by any individual used by a long-term care facility or residential care facility to provide services to residents, shall fail to report that knowledge or suspicion to the faci... |
Section 3721.23 | Investigations.
... hearing shall be conducted pursuant to rules adopted by the director under section 3721.26 of the Revised Code. For purposes of conducting a hearing under this section, the director may issue subpoenas compelling attendance of witnesses or production of documents. The subpoenas shall be served in the same manner as subpoenas and subpoenas duces tecum issued for a trial of a civil action in a court of common pleas. I... |
Section 3721.24 | Whistleblower protection.
...(A) No person or government entity shall retaliate against an employee or another individual used by the person or government entity to perform any work or services who, in good faith, makes or causes to be made a report of suspected abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident; indicates an intention to make such a report; provides information during an investigatio... |
Section 3721.25 | Confidentiality.
...(A)(1) Except as required by court order, as necessary for the administration or enforcement of any statute or rule relating to long-term care facilities or residential care facilities, or as provided in division (D) of this section, the director of health shall not disclose any of the following without the consent of the individual or the individual's legal representative: (a) The name of an individual who reports ... |
Section 3721.26 | Adoption of rules.
...The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code to implement sections 3721.21 to 3721.25 of the Revised Code, including rules prescribing requirements for the notice and hearing required under section 3721.23 of the Revised Code. The notice and hearing required under section 3721.23 of the Revised Code are not subject to Chapter 119. of the Revised Code; however, the rules may pr... |
Section 3721.28 | Nurses aides training and competency evaluation programs.
... services to residents as prescribed by rules that shall be adopted by the director in accordance with Chapter 119. of the Revised Code; (2) The individual is under the personal supervision of a registered or licensed practical nurse licensed under Chapter 4723. of the Revised Code. (F) An individual shall be considered to have satisfied the requirement, under division (B)(2) of this section, of having successful... |
Section 3721.29 | Orientation program - performance review - in-service education.
...ion, and an enumeration of its employee rules; (B) Regular performance review and in-service education to assure that individuals working in the facility as nurse aides are competent to perform the nursing and nursing-related services they perform. In-service education shall include training for nurse aides providing nursing and nursing-related services to residents and patients with cognitive impairments. The... |
Section 3721.30 | Competency evaluation program contents.
...evaluation specified by the director in rules adopted under division (C) of this section, including a minimum of seventy-five hours divided between skills training and classroom instruction in the following topic areas: (1) Basic nursing skills; (2) Personal care skills; (3) Recognition of mental health and social service needs; (4) Care of residents with cognitive impairments; (5) Basic restorative service... |
Section 3721.31 | Approving or rejecting programs.
... evaluation programs in accordance with rules adopted under section 3721.30 of the Revised Code and shall periodically review and reapprove programs approved under this section. (2) Except as otherwise provided in division (A)(3) of this section, the director may approve and reapprove programs conducted by or in long-term care facilities, or by any government agency or person, including an employee organization. ... |
Section 3721.32 | State nurse aide registry.
...ing skills including infection control, safety and emergency procedures, and personal care, and have successfully completed a competency evaluation program conducted by the director under division (A) of section 3721.31 of the Revised Code; (8) Have the equivalent of twelve months or more of full-time employment in the five years preceding listing in the registry as a hospital aide or orderly and have successfully ... |
Section 3721.33 | Nurse aide training fund.
...1.28 to 3721.32 of the Revised Code and rules adopted thereunder. |
Section 3721.34 | Cooperation with other agencies.
...ion 3721.31 of the Revised Code and the rules adopted by the director under section 3721.30 of the Revised Code, competency evaluation programs and training and competency evaluation programs, or, in accordance with rules adopted by the director under section 3721.30 of the Revised Code, programs to train instructors and coordinators for training and competency evaluation programs and evaluators for competency evalua... |
Section 3721.35 | Unauthorized practice of nursing.
...Nothing in sections 3721.28 to 3721.34 of the Revised Code shall be construed to permit any individual to engage in the practice of nursing as a registered nurse or the practice of nursing as a licensed practical nurse if the individual does not hold a valid license issued under Chapter 4723. of the Revised Code. |
Section 3721.60 | Electronic monitoring in long-term care facilities definitions.
...As used in sections 3721.60 to 3721.67 of the Revised Code: (A) "Attorney in fact" means a person designated as such by a durable power of attorney for health care executed pursuant to sections 1337.11 to 1337.17 of the Revised Code. (B) "Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a ... |
Section 3721.61 | Electronic monitoring authorization form.
...(A) Subject to section 3721.62 of the Revised Code, a resident or a resident's guardian or attorney in fact may authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. (B) The installation and use of an electronic monitoring device may be authorized only if both of the following conditions are met: (1) If a long-term care facility has prescribed a... |
Section 3721.62 | Roommate consent.
...(A) If a resident wishing to conduct authorized electronic monitoring of the resident's room lives with another resident in a long-term care facility, the consent of the other resident or the other resident's guardian or attorney in fact to the installation and use of an electronic monitoring device in the room is required before any installation or use of such a device may occur. If the long-term care facility has ... |
Section 3721.63 | Form prescribed by facility.
...A long-term care facility may prescribe a form for use by a resident or resident's guardian or attorney in fact seeking to authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. If a long-term care facility prescribes a form, it shall, at a minimum, include all of the following: (A) An explanation of sections 3721.60 to 3721.67 of the Revised Code;... |
Section 3721.64 | Posted notice.
...A long-term care facility may post a notice in a conspicuous place at the entrance to a resident's room with an electronic monitoring device stating that an electronic monitoring device is in use in that room. |
Section 3721.65 | No discrimination for use of electronic monitoring device.
...No person or resident shall be denied admission to or discharged from a long-term care facility or otherwise discriminated or retaliated against because of the decision to authorize the installation and use of an electronic monitoring device in a resident's room in the facility. |