Ohio Administrative Code

19.03 PDF: As used in this chapter:(A) "Department" means the Ohio department of health.(B) "Director" means the director of the department or the director's designee.(C) "Educational expenses" mean all or part of the principal and interest of a government or commercial education…

19.03 PDF: (A) A primary care physician will not have an outstanding obligation for medical service to the federal government, a state, or other entity at the time of participation in the physician loan repayment program and meets one of the following requirements may apply for p…

19.03 PDF: (A) As used in this rule:(1) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. Practice related administrative duties may not exceed eight hours per week.(2) "Part-time practice" means working a mi…

19.03 PDF: (A) Health resource shortage areas shall include the following:(1) A geographical area, facility, or population group in this state that is designated by the United States secretary of health and human services as a health professional shortage area for primary care or…

19.03 PDF: (A) "Applicant" means a person who is under final consideration for employment with a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an individual or is referred to a home health agency by an employment servic…

19.03 PDF: Beginning October 1, 2022, no home health agency or nonagency provider shall do any of the following:(A) Provide skilled home health services, as defined in paragraph (Y) of rule 3701-60-01 of the Administrative Code, through one or more employees unless the agency hol…

19.03 PDF: (A) The department of health accepts completed applications for licensure from a home health agency or nonagency provider seeking to provide skilled home health services. A complete application for a skilled home health services license includes:(1) Completed applicati…

19.03 PDF: (A) Subject to Chapter 119. of the Revised Code, the director may deny, suspend, or revoke a license if the licensee:(1) Made any material misrepresentation in the application for licensure;(2) Fails to timely renew it's license; or(3) No longer meets the requirements …

19.03 PDF: (A) Except as provided for in paragraph (H) of rule 3701-60-06 of the Administrative Code, and prior to conducting a criminal records check, the chief administrator or their designee of a home health agency shall conduct, with respect to each applicant for a position i…

19.03 PDF: (A) The chief administrator of a home health agency or their designee shall request that the superintendent conduct a criminal records check with respect to each applicant for a direct care position.(B) The chief administrator of a home health agency or their designee …

19.03 PDF: (A) A home health agency may employ an applicant conditionally prior to obtaining a criminal records check regarding the applicant if the:(1) Review of the state and national databases required by rule 3701-60-05 of the Administrative Code does not reveal any disqualif…

19.03 PDF: (A) Except as provided in rule 3701-60-07 of the Administrative Code, no employer shall employ or continue to employ a person in a position that involves providing direct care to an individual if the person has been convicted of, pleaded guilty to, or was found eligibl…

19.03 PDF: (A) Disqualifying offense exclusionary periods: Except as set forth in paragraphs (B), (C) and (D) of this rule, a home health agency may employ an applicant or continue to employ an employee who has been convicted of, pleaded guilty to, or found eligible for intervent…

19.03 PDF: (A) Criminal record check disclosure. The report of the criminal records check conducted pursuant to a request made under this chapter is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than…

19.03 PDF: (A) 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 applicant or employee who a home health agency employs in a position that involves providing direct care to an individual, the f…

19.03 PDF: As used in this chapter of the Ohio Administrative Code:(A) "Department" means the Ohio department of health.(B) "Director" means the director of the Ohio department of health.(C) "Distinct part" means the portion of the home that is authorized by division (B)(1)(a) of…

19.03 PDF: (A) A home may transfer or discharge a resident, in the absence of a request from the resident, only for the following reasons:(1) The resident's health has improved sufficiently so that the resident no longer needs the services provided by the home;(2) The welfare and…

19.03 PDF: (A) The administrator of the home is obligated to notify a resident in writing, and the resident's sponsor or legal representative in writing by certified mail, return receipt requested, in advance of any proposed transfer or discharge from the home. In addition to, bu…

19.03 PDF: (A) Upon receiving a request pursuant to section 3721.161 of the Revised Code and paragraph (E) of rule 3701-61-03 of the Administrative Code, the department of health is obligated to conduct hearings under this rule in accordance with 42 C.F.R. 431, subpart E (January…

19.03 PDF: (A) If a resident is transferred or discharged pursuant to section 3721.16 of the Revised Code, the home from which the resident is being transferred or discharged is obligated to provide the resident with adequate preparation prior to the transfer or discharge to ensu…

19.03 PDF: (A) Any person who believes that a resident's rights under sections 3721.10 to 3721.17 of the Revised Code have been violated may report or cause reports to be made of the information directly to the department.(B) In accordance with division (C) of section 3721.17 of …

19.03 PDF: (A) The home is obligated to provide the resident and the resident's sponsor with as much notice as possible before the resident's room is changed, including an explanation of the reason for the change.(B) The home may provide notice in accordance with paragraph (C) of…

19.03 PDF: As used in this chapter, unless the context clearly states otherwise:(A) "Authorized health care provider" means a health care provider that is authorized to sign a do-not-resuscitate order form for a person and is limited to the person's:(1) Attending physician as def…

19.03 PDF: (A) A person who holds a current, valid license issued under Chapter 4723. of the Revised Code to practice as an advanced practice registered nurse may take any action that may be taken by an attending physician under sections 2133.21 to 2133.26 of the Revised Code and…

19.03 PDF: (A) Persons with DNR identification:(1) None of the persons listed in paragraph (A)(2) of this rule are subject to any of the following arising out of or relating to the withholding or withdrawal of CPR from a person after DNR identification is discovered in the person…

19.03 PDF: (A) The following items are approved as DNR identification:(1) A do-not-resuscitate order documented on the state of Ohio DNR order form depicted in appendix A to this rule. This form may be reproduced as needed;(2) A copy of an individual's living will declaration tha…

19.03 PDF: (A) The appendix to this rule will constitute the do-not-resuscitate protocol for the state of Ohio.(B) Under the protocol, a person can be a "DNR Comfort Care" patient or a "DNR Comfort Care - Arrest" patient. The DNR protocol is activated:(1) For a "DNR Comfort Care"…

19.03 PDF: (A) A person with DNR identification or a DNR order may revoke their DNR status by an oral or written request to receive CPR.(B) A person with DNR identification may revoke their DNR identification by doing any of the following:(1) In the case of a form or wallet card …

19.03 PDF: (A) If emergency medical services personnel, other than physicians, are presented with DNR identification possessed by a person, or are presented with a written do-not-resuscitate order for a person, or if an authorized health care provider directly issues an oral do-n…

19.03 PDF: If a person possesses DNR identification and if the person's attending physician, APRN, PA, or the health care facility in which the person is located is unwilling or unable to comply with the do-not-resuscitate protocol for the person, the attending physician, APRN, P…

19.03 PDF: (A) If a person who possesses DNR identification or for whom a current do-not-resuscitate order issued by an authorized health care provider has been issued is being transferred from one health care facility to another, before or at the time of the transfer, the transf…

19.03 PDF: (A) To the extent that a known conflict exists between a valid durable power of attorney for health care and a valid living will declaration that is known to be operative in accordance with section 2133.03 of the Revised Code, the living will declaration supersedes the…

h 119. PDF: (A) The death of a person resulting from the withholding or withdrawal of CPR for the person pursuant to the do-not-resuscitate protocol and in the circumstances described in section 2133.22 of the Revised Code and rule 3701-62-03 of the Administrative Code or in acco…

19.03 PDF: (A) If a person possesses DNR identification or if a current do-not-resuscitate order has been issued for a person, the possession or order will not do either of the following:(1) Affect in any manner the sale, procurement, issuance, or renewal of a policy of life insu…

19.03 PDF: (A) Sections 2133.21 to 2133.26 of the Revised Code and this chapter do not create any presumption concerning the intent of an individual who does not possess DNR identification with respect to the use, withholding, or withdrawal of CPR.(B) Sections 2133.21 to 2133.26 …

19.03 PDF: (A) No physician, APRN or PA will purposely prevent or attempt to prevent, or delay or unreasonably attempt to delay, the transfer of a patient in violation of division (B) of section 2133.23 of the Revised Code and rule 3701-62-08 of the Administrative Code.(B) No per…

19.03 PDF: (A) This rule prescribes the procedure for appeal of proposals by the director of health to deny, terminate or not renew a long-term care facility's certification as an intermediate care facility or an intermediate care facility for individuals with intellectual disabi…

19.03 PDF: (A) This rule prescribes the procedure under which a nursing facility submits a plan of correction for findings and deficiencies cited as the result of a survey by the department of health. The rule also prescribes the procedure for a facility to obtain informal review…

19.03 PDF: As used in this chapter:(A) "Abuse" means any of the following:(1) Physical abuse;(2) Psychological abuse; or(3) Sexual abuse.(B) "Accused" means the person that provides a service to a resident from which the resident or facility benefits who is named in an allegation…

19.03 PDF: (A) The director of health shall receive, review, and investigate allegations of abuse, or neglect, or exploitation of a resident, or misappropriation of the property of a resident by any individual used by a long-term care facility or a residential care facility to pr…

19.03 PDF: (A) If the accused desires a hearing before the director makes a finding on an allegation of abuse, neglect, or exploitation of a resident or misappropriation of a resident's property, he or she shall submit a written request for a hearing to the director. The accused …

19.03 PDF: (A) For the convenience of accused individuals or witnesses, the director may consolidate hearings on allegations of abuse, neglect, exploitation, or misappropriation that involve a common set of circumstances.(B) The director shall appoint an attorney who is licensed …

19.03 PDF: (A) The director shall not make a finding against the accused if neglect was caused by factors beyond the control of the accused. Factors beyond the control of the accused may include, but are not limited to, orders from his or her supervisor or failure of the long-ter…

19.03 PDF: (A) The board of education of a city, exempted village, local school district and governing authority of a chartered nonpublic school, that has decided to screen body mass index and weight of its students pursuant to division (A) of section 3313.674 of the Revised Code…

19.03 PDF: As used in this chapter:(A) "Cause of death" means the classification of death as listed in box 30 on the Ohio death certificate, or an equivalent box on future forms. Examples of causes include, but are not limited to, birth defects, drowning and submersion, electrocu…

19.03 PDF: (A) In accordance with sections 307.621 and 307.622 of the Revised Code, each county in Ohio shall establish a CFR board or join a regional CFR board for the purpose of reviewing the deaths of children residing in that county.(B) The purpose of the CFR board is to decr…

19.03 PDF: (A) The board of county commissioners shall designate either the health commissioner that establishes the CFR board or a representative of the health commissioner to convene and be the chairperson of the CFR board. If a regional CFR board is established, the health com…