Ohio Administrative Code

19.03 PDF: As used in this chapter:(A) "Applicant" means a person who is under final consideration for employment with a direct care provider (DCP) in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include…

19.03 PDF: (A) Chapter 3701-13 of the Administrative Code applies to persons who apply for employment in a position involving the provision of direct care to an older adult including:(1) A person who is paid directly by the DCP;(2) A person who contracts as an independent contrac…

19.03 PDF: (A) Except as otherwise provided in paragraph (H) of this rule, the chief administrator is obligated to request that the superintendent conduct a criminal records check with respect to each applicant.(B) The chief administrator of a DCP may designate a representative s…

19.03 PDF: (A) A DCP may conditionally employ an applicant for whom a criminal records check request is required under rule 3701-13-02 of the Administrative Code prior to obtaining the results of a criminal records check regarding the applicant if the following requirements are m…

19.03 PDF: (A) Except as set forth in the personal character standards established in rule 3701-13-06 of the Administrative Code, no DCP is allowed to employ a person in a position that involves providing direct care to an older adult if the person has been convicted of or pleade…

19.03 PDF: (A) A DCP may employ an applicant who has been convicted of or pleaded guilty to an offense listed in paragraph (A) of rule 3701-13-05 of the Administrative Code in a position involving direct care to an older adult, if all of the following standards are met:(1) The ap…

19.03 PDF: (A) Criminal records check disclosure. The report of the criminal records check conducted pursuant to a request made under rule 3701-13-03 of the Administrative Code is not a public record for the purposes of section 149.43 of the Revised Code and is not permitted to b…

19.03 PDF: In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a DCP employs in a position that involves providing direct care to older adults, the following applies:(A) If the DC…

h 119. PDF: As authorized by the applicable state laws and rules governing the specific DCP, the department may take appropriate action against a direct care provider that violates the requirements of Chapter 3701-13 of the Administrative Code and the authorizing sections of the …

19.03 PDF: As used in this chapter:(A) "Active tuberculosis" means the same as set out in section 339.71 of the Revised Code.(B) "Approved course of therapy" means the same as set out in section 339.73 of the Revised Code.(C) "Case management" means a strategy used to ensure that…

19.03 PDF: An acceptable tuberculosis program, designated pursuant to division (A) of section 339.72 of the Revised Code, is a program that includes at least the components set forth in this rule.(A) Provides hospitalization for patients with active or suspected tuberculosis for …

19.03 PDF: (A) Except as set out in this rule, for purposes of section 3701.14 of the Revised Code, the Ohio department of health adopts, by reference, the following tuberculosis standards:(1) All tuberculosis reference materials can be found on the United States centers for dise…

19.03 PDF: As used in rules 3701-16-01 to 3701-16-18 of the Administrative Code:(A) "Accommodations" means housing, meals, laundry, housekeeping, transportation, social or recreational activities, maintenance, security, or similar services that are not personal care services or s…

19.03 PDF: (A) Nothing contained in rules 3701-16-01 to 3701-16-18 of the Administrative Code should be construed as authorizing the supervision, regulation, or control of the spiritual care or treatment of residents who rely upon treatment by prayer or spiritual means in accorda…

19.03 PDF: (A) Not less than sixty days before the proposed opening of a residential care facility, the operator of a residential care facility will submit, on a form prescribed by the director, a completed initial application, and pay the non-refundable application fee specified…

19.03 PDF: (A) An applicant for licensure as a residential care facility may request an expedited initial licensure inspection by providing the department of health with all of the following:(1) A complete initial residential care facility application and fee obligated by paragra…

19.03 PDF: (A) The director is obligated to inspect each residential care facility at least once prior to the issuance of a license, at least once every fifteen months and as the director considers necessary. The inspections may be announced or unannounced except that one unannou…

19.03 PDF: (A) Each residential care facility is obligated to arrange for the services of an administrator who is obligated to:(1) Meet the applicable requirements of rule 3701-16-06 of the Administrative Code;(2) Be responsible for the daily operation of the residential care fac…

19.03 PDF: (A) No person with a disease which may be transmitted in the performance of the person's job responsibilities is allowed to work in a residential care facility during the stage of communicability unless the person is given duties that minimize the likelihood of transmi…

19.03 PDF: (A) A residential care facility is not allowed to admit an individual who is in need of services or accommodations beyond that which a residential care facility is authorized to provide under paragraph (D) of rule 3701-16-02 of the Administrative Code or beyond that wh…

19.03 PDF: (A) The residential care facility, in accordance with this rule, will ensure that written initial and periodic health assessments of prospective and current residents are conducted. The different components of the health assessment may be performed by different license…

19.03 PDF: (A) For the purposes of this rule;(1) Personal care services or skilled nursing care are provided by a residential care facility when:(a) They are provided by a person:(i) Employed by the facility;(ii) Associated with the facility; or(iii) Who is a related party to the…

19.03 PDF: (A) Except as provided for in division (D) of section 3721.011 of the Revised Code, a residential care facility may admit or retain individuals who are in need of skilled nursing care beyond the supervision of special diets, application of dressings, or administration …

19.03 PDF: (A) Each residential care facility is obligated to specify in its residential care facility policies and the resident agreements, established by rule 3701-16-07 of the Administrative Code, the amount and types of dietary services it provides. The facility is obligated …

19.03 PDF: (A) Each residential care facility is obligated to encourage residents to participate in social, recreational, and leisure activities. The residential care facility is obligated to, with consideration given to resident preferences, provide or arrange for varied activit…

19.03 PDF: (A) In the event of a significant adverse change in residents' health status, the residential care facility is obligated to do all of the following:(1) Take immediate and proper steps to see that the resident receives necessary intervention including, if needed, medica…

19.03 PDF: (A) The building or buildings in which a residential care facility is located are obligated to be approved by and have a certificate of occupancy for the appropriate use group designation issued by the local certified building department with jurisdiction over the area…

19.03 PDF: (A) For purposes of this rule, "habitable floor area" means the clear floor area of a bedroom or resident unit and the floor area occupied by the usual room furniture, such as beds, chairs, sofas, dressers, and tables and does not include areas partitioned off in the b…

19.03 PDF: (A) Each residential care facility is obligated to maintain heating, electrical, and other building service equipment in good working and safe condition and have its central heating system checked every two years by a heating contractor.(B) Each residential care facili…

19.03 PDF: (A) For the purposes of this rule:(1) "Resident area" means any area within a residential care facility that is occupied at any time by a resident.(2) "Temperature range" means between seventy-one degrees Fahrenheit and eighty-one degrees Fahrenheit.(B) Each residentia…

19.03 PDF: (A) Each residential care facility is obligated to maintain records which are able to be made available for inspection at all times when requested by the director, including:(1) An individual record for each resident that is stored in a manner that protects and ensures…

19.03 PDF: (A) The director may grant a variance from the requirements of rules 3701-16-01 to 3701-16-18 of the Administrative Code unless required by statute if the operator or administrator shows that granting the variance will not jeopardize the health or safety of any residen…

19.03 PDF: As used in rules 3701-17-01 to 3701-17-26 of the Administrative Code:(A) "Accommodations" means housing, meals, laundry, housekeeping, transportation, social or recreational activities, maintenance, security, or similar services that are not personal care services or s…

19.03 PDF: (A) All nursing homes will comply with rules 3701-17-01 to 3701-17-26 of the Administrative Code and the applicable provisions of Chapter 3721. of the Revised Code.(B) Nothing contained in rules 3701-17-01 to 3701-17-26 of the Administrative Code is to be construed as …

19.03 PDF: (A) Initial application. Not less than forty five days before the proposed opening of a nursing home, the operator of a nursing home will submit, on a form prescribed by the director, a completed initial application, and pay the non-refundable application fee specified…

19.03 PDF: (A) For purposes of this rule, "inspection" may be conducted either in-person or on-line using remote conferencing technology.(B) An applicant for licensure as a nursing home may request an expedited initial licensure inspection by providing the department of health wi…

19.03 PDF: (A) The director will determine the type and number of residents a nursing home can accommodate which will establish the authorized maximum licensed capacity of a nursing home. Such determination will be made on the basis of the physical facilities, personnel of the nu…

19.03 PDF: (A) No nursing home, except a nursing home that is owned and operated by, and physically part of, a hospital licensed under section 3722.06 of the Revised Code, may use the word "hospital" in its name or letterhead.(B) No applicant for a license to operate a nursing ho…

19.03 PDF: (A) The operator is responsible for:(1) Operation of the nursing home;(2) Payment of the annual license renewal fee to the director;(3) Submission of reports using an electronic system prescribed by the director, including the immediate reporting of the following: (a) …

19.03 PDF: (A) Every nursing home administrator will be licensed pursuant to Chapter 4751. of the Revised Code, unless specifically exempted from licensing under that chapter.(B) No person with a disease which may be transmitted in the performance of the person's job responsibili…

19.03 PDF: (A) For the purposes of this rule:(1) "Competency evaluation program" means a program conducted by the director or the director's designee under division (C) of section 3721.31 of the Revised Code and rule 3701-18-22 of the Administrative Code.(2) "Licensed health prof…

19.03 PDF: (A) For purposes of this rule:(1) "Long term care facility" has the same meaning as in rule 3701-17-07.1 of the Administrative Code.(2) "Dining assistant" means an individual who meets the standards specified in this rule and who is paid to feed long term care facility…

19.03 PDF: (A) The director will maintain a nurse aide registry listing all individuals who have met the competency standards of division (A) of section 3721.32 of the Revised Code. The registry also will include both of the following:(1) The statement necessitated by section 372…

19.03 PDF: (A) Each nursing home with fewer than a one hundred beds licensed capacity will arrange for the services of an administrator who will be present in the home to the extent necessary for effectively managing the home and assuring that needs of the residents are being met…

19.03 PDF: (A) All nursing homes will provide a comprehensive activity program designed to meet the physical, mental, emotional, psycho-social well-being and personal interests of each resident. Activities will be provided based on the needs and preferences of each resident as id…

19.03 PDF: (A) Each nursing home, in accordance with this rule, will conduct a written initial and periodic assessments of all residents. The different components of the assessment may be performed by different licensed health care professionals, consistent with the type of infor…

19.03 PDF: (A) Each nursing home will establish and implement appropriate written policies and procedures to assure a safe, sanitary and comfortable environment for residents and to prevent and control the development and transmission of infections and diseases. Each nursing home…